TERMS & CONDITIONS

In compliance with the provisions of Article 10 of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the Customer is informed about the identification of the owner of this website:

• • Owner: Azahara Vera Cobos (hereinafter, DPLY)
  • Tax ID (N.I.F.): 74891800M.
  • Registered Address: Bulevar Louis Pasteur, 17. Portal 7 – 12D, 29010, Málaga
  • E-mail: hola@displaypublicitario.com
  • Phone: (+34) 624 431 708.

The legal relationship between the parties is governed by Spanish law, specifically by the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), commercial legislation, and, failing that, the Civil Code, as well as Law 7/1998 of April 13 on general contracting conditions and the applicable sectoral regulations.

These General Terms and Conditions of Contract, drafted in Spanish, may be stored and reproduced at any time by the Customer making a purchase and must be accepted prior to proceeding with the payment for the products. Likewise, in the purchase confirmation email we send you, we will include a link to these Terms and Conditions of Contract.

To complete the purchase process, the Customer must follow the steps below:

• Once registered on the website, the Customer can start the purchase process, under the terms established in these General Terms and Conditions.

• The Customer must select the product they wish to purchase and click the “Add to cart” button. The Customer may add more products to the cart before finalizing the purchase.

• Once the products are selected, the Customer can access their cart which will display a summary of the selected item(s).

• If the Customer wishes to modify any part of the purchase process (quantity of items, delivery address, etc.), they can return to the relevant page to make changes. Additionally, registered Customers can update their data in their account profile.

• The Customer must choose the payment method among those offered by DPLY. In doing so, the Customer expressly declares that they are the owner of the payment method used.

• The Customer must click the purchase button to formalize the order.

• Once the purchase is complete, a purchase summary screen will be displayed.

• Additionally, a purchase confirmation email will be sent to the Customer, including a summary of the purchased products. If applicable, the Customer will also be informed via email when the purchase is shipped. This information may also be made available in the registered distributor profile.

• Once the purchase procedure is completed, an electronic invoice will be sent to the Customer via email and will also be available in their registered distributor profile. The Customer may request a paper copy of the invoice from DPLY by sending an email to hola@displaypublicitario.com.

DPLY delivers its products to the Iberian Peninsula, the Balearic Islands, and Europe. If at any time you are interested in our products and are located in a geographical area where online sales are not available, you can write to us at hola@displaypublicitario.com and we will try to process your order. The currency used for product payment will be the euro (€). The purchase process will be conducted in Spanish or in any of the languages in which these Terms are available on this Website.

These Terms and Conditions of Sale, together with any documents expressly referenced herein, constitute the entire agreement between the Customer and DPLY regarding the subject of the sale, prevailing over any other prior agreement, arrangement, or promise, whether verbal or written, between the parties.

By using this Website, the Customer agrees that most communications with DPLY will be conducted electronically, either via email or notices on the Website. The Customer expressly consents to the use of this electronic means for contractual communications, acknowledging that all notifications and communications sent by DPLY electronically comply with the legal requirement of being in writing. This does not affect the Customer’s legal rights.

Additionally, please note that these Terms may be modified. The Customer is responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms in force at the time of requesting the purchase of products and/or services will apply.

The Customer acknowledges having been properly informed prior to completing the purchase about the essential aspects concerning the product in question, as displayed alongside its presentation or, where applicable, its image on the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, and acknowledges that placing the purchase order or acquiring the product constitutes full and complete acceptance of the applicable sales conditions in each case.

DPLY is not the manufacturer of the products purchased by the Customer through this Website. In these cases, although DPLY makes every effort to ensure that the information displayed on the Website is as comprehensive as possible, the Customer must carefully read the information available on the labeling, including any warnings and/or instructions accompanying the product, in order to use it correctly.

All purchase orders received by DPLY through the Website are subject to product availability and/or the absence of any circumstance or force majeure event affecting their supply. Force majeure events include, by way of example and not limitation:

• Natural disasters: earthquakes, floods, hurricanes, snowstorms, wildfires, etc.

• War or armed conflict: wars, invasions, acts of terrorism, civil unrest, etc.

• Epidemics and pandemics.

• Government decisions: embargoes, import or export bans, changes in legislation affecting contract execution, etc.

• Serious accidents: industrial accidents, infrastructure collapses, mass transport accidents, etc.

• Strikes and labor disputes: work stoppages, road blockages, etc.

• Failures in critical infrastructure: power outages, communication network failures, etc.

If difficulties arise regarding product supply or if products are out of stock, DPLY commits to contacting the Customer and refunding any amount that may have been paid to DPLY. This also applies when the provision of a service becomes impossible. DPLY will not assume any additional liability beyond the obligation to return the amounts received as payment and shipping costs, as soon as it becomes aware of the existence of the impediment.

The prices displayed on the Website are final, in euros (€), and include taxes. Under no circumstances will the Website automatically add additional costs to the price of a product or service, except for those that the Customer has voluntarily and freely selected. Prices may change at any time, but any changes will not affect orders or purchases for which the Customer has already received an order confirmation.

The following payment methods are available:

• Credit/Debit Card (VISA, MASTERCARD, MAESTRO): Payment by credit/debit card is made through the secure payment gateway of the financial institution we collaborate with. Using this payment method, DPLY does not collect or handle any customer data related to their card number. All data is processed directly by the corresponding financial institution, providing maximum security and confidentiality in the transaction. Credit cards are subject to checks and authorizations by the issuing bank. In any case, by completing the purchase process, the Customer declares that they have accessed, read, and understood the content of these Terms and Conditions. The Customer confirms that they are the owner of the payment methods used or, where applicable, the legitimate holder of the card.
• PayPal: You can pay quickly and securely with your PayPal account. The Customer will be redirected to this platform to pay securely using their PayPal account without sharing financial information.

In accordance with Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision are considered located within the territory of Spanish VAT if the delivery address is in Spain. The applicable VAT rate will be the legally applicable rate at the time, depending on the specific article involved.

If the Customer detects that an error has occurred when entering the data required to process their purchase request on the Website, they may modify it by contacting DPLY through the customer service, and/or using the contact details provided in Clause One (General Information). Additionally, whenever possible, the Customer may correct inaccuracies or errors through their registered Customer Area. In any case, before finalizing the purchase process, the Customer has access to the cart where their purchase requests are recorded and can make any necessary modifications.

Shipping costs are included in the final prices of the products as displayed on the Website. DPLY provides the delivery and/or shipping service through different transport companies depending on the Customer’s location.

The order will reach its destination within an estimated period of 24 hours to 10 business days, depending on the destination and the availability of the purchased product. The Customer has the option to check the status of their order. If, for any reason, prior to the preparation of the order, we become aware that it cannot be delivered within the estimated timeframe, the Customer will be informed so they can decide how to proceed whenever possible (change of items, separate delivery for multiple products, cancellation of all or part of the order, etc.). In cases where the delivery delay occurs due to unforeseen circumstances after the product preparation, DPLY may extend the delivery period up to a maximum of 30 business days, notifying the Customer of the extension.

When physical delivery of the purchased product to the Customer’s specified address is required, it will be carried out within Spain (Peninsula and Balearic Islands) and Europe. Home deliveries are made on business days.

Except in cases of unforeseen or extraordinary circumstances or, where applicable, due to product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the Customer, and in any case, within a maximum of 30 calendar days from the date of order confirmation. If, for any reason attributable to DPLY, the delivery date cannot be met, we will contact the Customer to inform them, and they may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the paid price.

If delivery of the order is impossible due to the Customer’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to proceed for redelivery.

If the Customer will not be present at the delivery location during the agreed time slot, they must contact the corresponding transport company to arrange delivery on another day. If 30 calendar days pass since the order became available for delivery and it has not been delivered due to reasons attributable to the Customer, it may be considered a waiver by the Customer, without generating any liability for DPLY or obligation to refund any amounts.

For the purposes of these Terms and Conditions, delivery is considered to have occurred or the order is deemed delivered when the Customer or a third party designated by the Customer acquires physical possession of the products, which will be evidenced by the signature upon receipt at the agreed delivery address. The Customer acquires ownership of the products when DPLY receives full payment of all amounts due in relation to the purchase, including shipping costs, or at the time of delivery if it occurs after full payment has been received by DPLY.

Unless proven otherwise, the products will be considered compliant with the contract as long as they meet all the requirements set out below:

• They correspond to the description provided by the seller and possess the qualities of the product presented to the consumer and Customer in the form of a sample or model.
• They are suitable for the uses for which products of the same type are ordinarily intended.
• They present the usual quality and performance of a product of the same type that the Customer can reasonably expect, taking into account the nature of the product.

Both the buyer and the seller must cooperate in good faith to resolve any disputes related to the products sold. These warranties shall be interpreted and applied in accordance with applicable laws and general principles of e-commerce. Unless legally required otherwise, the parties agree to exclude any other warranties, whether express or implied. To benefit from the Product warranty, you must provide proof of purchase through any of the following documents: purchase receipt, invoice, or proof of payment.

The conditions applicable in cases of non-conformity and hidden defects in the products are as follows:

• RETURN DUE TO DEFECT/VISIBLE ERROR OR MISTAKE.

Returns may be made in cases where, at the time of delivery, the product does not comply with the stipulations of the contract or purchase order. The Customer must immediately contact DPLY and inform them of the existing non-conformity (defect/error) using the following contact details: email to hola@displaypublicitario.com or send a letter to: Bulevar Louis Pasteur, 17. Portal 7 – 12D, 29010, Málaga.

The Customer will then be informed on how to proceed with the return of the products. Once received by DPLY, the products will be inspected, and the Customer will be notified within a reasonable time whether a refund, replacement, or repair is appropriate. The applicable option will be carried out without undue delay.

In cases where a refund is applicable due to a defect, the amount will be refunded in full, including delivery costs and any expenses incurred by the Customer to return the product. If a refund is necessary, DPLY will endeavor to process it using the same payment method selected by the Customer wherever possible; otherwise, the Customer will be informed of the alternative refund procedure.

• RETURN DUE TO HIDDEN DEFECTS

If the products have hidden defects that make them unsuitable for their intended use or significantly reduce their utility, the seller is obliged to repair, replace, or refund the price of the products, as appropriate, at no cost to the Customer. The warranty does not cover damage caused by misuse or normal wear and tear. Actions arising from this warranty will expire six months after the delivery of the products, in accordance with Article 1,490 of the Civil Code. The Customer must notify DPLY of these product defects within the specified period. Once the defect is reported, DPLY will evaluate the claim and take the necessary measures to resolve it, either by repairing, replacing, or refunding the affected products.

• DPLY undertakes to provide a faithful representation of the product on the Website but is not responsible for minor differences or inaccuracies caused by screen resolution, browser issues, or other similar factors.

• Although DPLY will exercise the utmost diligence in delivering the product to the designated carrier, it is not liable for damages arising from transportation issues, such as strikes, roadblocks, or other industry-related circumstances that may cause delays, losses, or theft of the product.

• DPLY shall not be responsible for technical failures that prevent the normal functioning of the service via the internet, nor for the unavailability of the Website due to maintenance or other reasons that impede access to the service.

• Furthermore, DPLY shall not be liable for misuse or wear and tear of the products by the Customer, nor for incorrect returns made by the Customer. It is the Customer’s responsibility to return the correct product.

• The Customer shall be solely responsible for the use of the materials, and DPLY shall be exempt from any liability if they are used for activities or purposes other than those intended.

In general, DPLY shall not be liable for failures or delays in fulfilling its obligations due to events beyond its reasonable control, such as force majeure, which may include, among others:

• Strikes, lockouts, or other industrial actions.
• Civil unrest, riots, invasion, threat or terrorist attack, declared or undeclared war, or war preparations or threats.
• Fire, explosion, storm, flood, earthquake, landslide, epidemic, or any other natural disaster.
• Inability to use public or private transportation, as well as telecommunications systems.
• Acts, decrees, legislation, regulations, or restrictions by governmental or public authorities.

In the event of force majeure, DPLY’s obligations shall be suspended for the duration of the cause, with an extension of the deadline equal to the period of the force majeure event. DPLY undertakes to seek reasonable solutions to fulfill its obligations despite the force majeure situation.

For any inquiries or comments regarding your order, you can contact our Customer Service Department through the following channels:

• Chatbox: embedded in the lower right corner of the Website screen throughout the entire purchase process.
• Email: hola@displaypublicitario.com

PROCESSING OF PERSONAL DATA MANAGED BY DPLY AS DATA CONTROLLER

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as well as in compliance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), the following information is provided regarding the processing of personal data related to the online purchase process:

All information provided by the Customer must be truthful and accurate. For these purposes, the Customer guarantees the authenticity of the data submitted through the completion of the corresponding forms. Likewise, it is the Customer’s responsibility to keep all information provided to DPLY up to date, so that it accurately reflects their current situation at all times. In any case, the Customer will be solely responsible for any false or inaccurate statements made and for any damages caused to DPLY or third parties as a result of the information provided. The Customer guarantees that they are the owner of the information provided during the purchase process and of the payment methods indicated. If there are doubts regarding the authenticity of the data provided, DPLY may request the necessary information to ensure that the sales process is completed with maximum guarantees for both parties. The Customer is responsible for not making any false or fraudulent purchases. If a purchase is reasonably considered to be of this nature, it may be canceled, and the relevant authorities will be informed.

The Customer must diligently safeguard their access password to their user account and must not share it with unauthorized third parties. DPLY recommends choosing a password of at least 8 characters, including uppercase and lowercase letters, numbers, and special characters to ensure its security. The Customer should also change their password periodically. If the Customer suspects that their password may have been compromised, they must inform DPLY as soon as possible so that appropriate measures can be taken.

Unless otherwise provided by law, DPLY will not accept any liability for the following losses, regardless of their origin:

• Any losses not attributable to any breach on its part.
• Business losses (including loss of profits, revenue, contracts, data, goodwill, or unnecessary expenses incurred).
• Risks arising from the misuse of products or accidental damage during handling.
• Any other indirect loss not reasonably foreseeable by both parties at the time the sales contract was concluded.

Similarly, DPLY also limits its liability in the following cases:

• DPLY makes its best efforts to provide an accurate representation of the product on the Website; however, it is not responsible for minor differences or inaccuracies due to screen resolution, browser issues, or similar causes.
• DPLY will act with due diligence to make the product available to the designated transport company. However, it is not responsible for damages resulting from transportation issues, especially those caused by strikes, road blockages, or other industry-specific circumstances that result in delays, losses, or theft of the product.
• Technical failures that, for accidental or other reasons, prevent normal service operation via the internet. Lack of Website availability due to maintenance or other causes that prevent access to the service. DPLY uses all means at its disposal to carry out the purchase, payment, and shipping/delivery process, but is exempt from liability for causes beyond its control, including fortuitous events or force majeure.
• DPLY will not be responsible for misuse and/or wear and tear of the products used by the Customer. Likewise, DPLY will not be responsible for any erroneous return made by the Customer.
• DPLY will not be liable for any failure or delay in fulfilling its obligations when caused by events beyond its reasonable control, i.e., force majeure, which may include, without limitation:
  • Strikes, lockouts, or other industrial actions.
  • Civil commotion, riots, invasion, terrorist threat or attack, declared or undeclared war, or threats or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  • Inability to use trains, ships, planes, motor vehicles, or other means of public or private transportation.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations, or restrictions by any government or authority.

Accordingly, obligations will be suspended for the duration of the force majeure event, and DPLY will have an extension of time to fulfill them equal to the period during which the force majeure event continues. Nevertheless, DPLY will take all reasonable measures to find a solution that allows it to fulfill its obligations despite the force majeure event.

If any provision of these General Terms and Conditions is deemed unenforceable or invalid under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. In such cases, DPLY will modify or replace the provision with a valid and enforceable one that, as far as possible, achieves the objective and intent of the original provision.

For the resolution of all disputes or matters related to these Terms and Conditions, Spanish law shall apply. The Courts and Tribunals of the city of Málaga shall have jurisdiction over all conflicts arising from or related to these Terms and Conditions, expressly waiving any other jurisdiction that may correspond.