Returns and Refunds Policy
1.- PURPOSE
These General Terms and Conditions of Sale govern the sale of the products made available to the User on the website http://tigernicks.com (hereinafter TIGERNICKS or THE WEBSITE).
Through its website, TIGERNICKS provides information about its products and offers the possibility of purchasing them.
The products offered by TIGERNICKS consist of the sale and modification of controllers and peripherals to compete at a higher level in the world of video games, as well as the sale of other related products and merchandise under its own brand.
Due to the content and purpose of the Website, people who wish to benefit from its services must have the status of “Customer”, which is acquired by completing the registration form and following the steps that TIGERNICKS indicates to complete the purchase. Customer status implies acceptance of the Terms of Use in the version published at the time the Website is accessed.
In any case, some pages of the Website are accessible to individuals or legal entities who do not register or start a product purchase (hereinafter, “Users”). In this respect, Users who access these parts of the Website agree to be bound by the terms and conditions set out in these General Terms, to the extent that they may apply to them.
2.- IDENTIFICATION
TIGERNICKS has no legal personality of its own. Its owner is the individual named below:
Name: Alexis Williams Contino Herrera
N.I.F.: 52052305Q
Registered address: C/ de los sueños 13 portal 4 3A, 28100, Alcobendas. Madrid.
Email: contacto@tigernicks.com
Any later references to TIGERNICKS or to THE WEBSITE in these Terms of Use refer to the individual named above.
3.- PRODUCT INFORMATION
The descriptions of the products shown on the Website are based on the information provided by TIGERNICKS’ suppliers. However, the information given about each product, as well as the photographs or videos of them and the trade names, brands or distinctive signs of any kind on the TIGERNICKS website, are shown on http://tigernicks.com/ for guidance only.
4.- PRICES
All sale prices of the products offered are shown in euros and include applicable taxes.
Shipping costs will be added to these prices and invoiced separately, depending on the products ordered. The shipping costs, as well as the values and items that make up your basket, are specified before the buyer confirms the order.
The VAT included is Spanish VAT, at the rate legally applicable to goods and services sold in Spain. This VAT also applies to European Union member countries as long as the total sales limit set by their authorities (from €35,000 to €100,000) is not exceeded.
Sales to countries outside the European Union, as well as to the Canary Islands, Ceuta and Melilla, and other European territories, are exempt from VAT.
Any change in applicable taxes will automatically be reflected in the price of the products offered for sale on the website.
5.- SHIPPING COSTS
Mainland Spain: €6.5
Balearic Islands: €8.5
For purchases over €150, shipping is free in mainland Spain and the Balearic Islands
6.- AVAILABILITY
TIGERNICKS informs the Customer that the number of units available is kept up to date with the stock in the warehouse and the availability from our suppliers. TIGERNICKS will never knowingly put on sale more units than it has or than the supplier has reserved for it.
TIGERNICKS will do everything possible to meet all its Customers’ demand for products. However, on occasion, and due to causes that TIGERNICKS can hardly control, such as human error or IT system incidents, the quantity finally supplied by the supplier may differ from the order placed by TIGERNICKS to fulfil Customers’ orders.
If a product is unavailable after the order has been placed, the Customer will be informed by email of the full or partial cancellation of the order. Partial cancellation of the order due to lack of availability does not give the right to cancel the whole order, unless the law provides otherwise.
7.- PAYMENT
The Customer agrees to pay at the time of placing the order. The applicable shipping charges will be added to the initial price shown on the Website for each product offered. In any case, these charges will be communicated to the Customer before the purchase is completed.
The receipt or proof of purchase for the order in question will be sent once payment has been confirmed.
8.- PAYMENT METHODS
Orders can be paid for by any of the following methods:
Bank transfer (only valid for European Union member countries)
Credit card payment terminal (Redsys) (valid worldwide)
Once the order has been placed on THE WEBSITE, the buyer will pay the full price in the payment area of the website.
If paying by credit card, the bank details are sent to the bank’s server through PayPal’s own payment server, with all the security guarantees it provides; TIGERNICKS never has access to the bank details.
TIGERNICKS will not treat an order as valid until the payment servers involved confirm the customer’s payment. Otherwise, the order will be cancelled.
The buyer guarantees to TIGERNICKS that they have the necessary authorisation to use the payment method and type of card chosen when placing and registering the order.
TIGERNICKS reserves the right to suspend or cancel any order and/or delivery, whatever its nature and stage of processing, if the buyer does not pay the full amount due or if any payment incident occurs.
9.- PLACING ORDERS
Once the order has been placed by accepting the Terms of Sale and confirming the purchase process, TIGERNICKS will always send the CUSTOMER an email confirming the details of the purchase.
10.- DELIVERY TIMES, DELIVERY ADDRESS AND LOST PARCELS
TIGERNICKS undertakes to deliver the product in perfect condition to the address the Customer gives in the order form. To make delivery easier, we ask the Customer to give an address where the order can be delivered during normal working hours.
TIGERNICKS will not be responsible for delivery errors where the delivery address entered by the Customer in the order form is incorrect or has been omitted.
10.2. Delivery Time
We send orders through a courier or postal company. Your order will be sent between 5 and 10 working days after payment is confirmed, provided the products and services are in stock in our warehouse (not applicable to collections of customers’ products).
These times are averages and therefore an estimate. They may vary for logistical reasons or force majeure. If deliveries are delayed, TIGERNICKS will inform its customers as soon as it becomes aware of it.
The delivery period ends at the courier’s first delivery attempt. If the customer is not at the address at the time of delivery, they must arrange a new delivery with the transport agency. In the case of Correos, a notice will be left to collect the parcel at the relevant post office.
Each delivery is considered completed from the moment the transport company makes the product available to the Customer, as recorded by the tracking system used by the transport company.
Once the order leaves our warehouse, you will be sent an email telling you that your order has been accepted and is being shipped.
For security reasons, TIGERNICKS will not send any order to PO boxes or military bases, and will not accept any order if the recipient and their address cannot be identified.
10.3. Delivery Details, Failed Deliveries and Lost Parcels
If the Customer is absent at the time of delivery, they must arrange a new delivery with the transport agency. In the case of Correos, a notice will be left to collect the parcel at the relevant post office.
If 7 working days after the order goes out for delivery no delivery has been arranged, the Customer must contact TIGERNICKS. If the Customer does not do so, 10 working days after the order goes out for delivery it will be returned to our warehouse and the Customer must cover the shipping and return-to-sender costs of the goods, as well as any related handling costs.
If delivery could not be made because the parcel was lost, our carrier will start an investigation. In these cases, our carriers’ response times usually range from one to three weeks.
10.4. Checking on Delivery
The Customer must check the condition of the package in front of the carrier who, on behalf of TIGERNICKS, delivers the product ordered, noting any anomaly they detect in the packaging on the delivery note. If, afterwards, once the product has been checked, the Customer finds any problem such as impact damage, breakage, signs of having been opened or any other damage caused by shipping, they agree to notify TIGERNICKS by email as soon as possible (ideally within 24 hours of delivery), so that the issue can be handled with the carrier as quickly as possible. This recommendation does not limit in any way the rights that the law gives you as a consumer.
11.- RIGHT OF WITHDRAWAL
All TIGERNICKS controllers and shells are made and designed to the customer’s specifications (colour, design, name or gamertag, etc.). Therefore, once the order has been placed through THE WEBSITE, no returns of any kind will be accepted, either before or after receiving the product, because it is a personalised item and because art. 103.c) of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, LGDCU), so provides.
11.2. Non-personalised products
All non-personalised products bought from TIGERNICKS can be returned and refunded without giving any reason, provided the Customer informs TIGERNICKS of their intention to return the product(s) purchased within a maximum of 14 calendar days from the day you, or a third party you have named other than the carrier, took physical possession of the goods.
To exercise the right of withdrawal, you must notify your decision to withdraw from the contract by means of an unequivocal statement sent to TIGERNICKS by any of the following means:
By email to: contacto@tigernicks.com
By post to: C/ de los sueños nº 13 portal 4 3A, 28100, Alcobendas. Madrid.
You may use the model withdrawal form below, which appears in the Annex to the LGDCU, although its use is not compulsory:
– For the attention of Alexis Williams Contino Herrera, at C/ de los sueños nº 13 portal 4 3A, 28100, Alcobendas. Madrid:
– I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/provision of the following service
– Ordered on/received on
– Name of consumer(s) and user(s)
– Address of consumer(s) and user(s)
– Signature of consumer(s) and user(s) (only if this form is submitted on paper)
– Date
To meet the withdrawal deadline, it is sufficient for your communication exercising this right to be sent before the relevant period expires.
Consequences of withdrawal:
If you withdraw, we will refund all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and in any case no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will make the refund using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods, or until you have provided proof that you have returned them, whichever happens first.
You must return the goods to us or hand them over directly without undue delay and in any case no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline is met if you return the goods before that period has expired.
You must bear the direct cost of returning the goods, which may be the same as the shipping cost of the product, as detailed below:
Mainland Spain and Balearic Islands: €7
TIGERNICKS will only accept returns that meet the following requirements:
The product must be in the same condition as when it was delivered.
It must be sent using the same box in which it was received, to protect the product. If this is not possible, the Customer must return it in a protective box so that the product reaches the TIGERNICKS warehouse with the best possible protection.
A copy of the delivery note must be included in the package, marking the products returned and the reason for the return.
TIGERNICKS will tell the customer the address to which the product must be sent.
Returns and partial cancellations will result in partial refunds.
12 WARRANTY ON PRODUCTS PURCHASED
12.1. Controllers
For controllers, under article 123.1 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, the seller is liable for any lack of conformity that becomes apparent within three years of delivery (art. 120 of the LGDCU, in the wording in force since 1 January 2022).
12.2. Custom products
For competitive custom products: at the buyer’s request, TIGERNICKS carries out a modification service on an original controller, which is equivalent to a repair. These modified products therefore have a 3-month repair warranty, as regulated in art. 6.2 of Royal Decree 58/1988 of 29 January, on the protection of consumer rights in the repair of household appliances.
The warranty is full on the repair carried out and will cover all costs that may arise.
12.3. Non-personalised products
TIGERNICKS acts as a distributor for manufacturers who guarantee that the products offered for sale on THE WEBSITE work properly and have no defects or hidden faults that could make them dangerous or unsuitable for normal use.
The contractual warranty offered is the one usually granted by the manufacturer. Once the Customer has received the product, they will have the manufacturer’s instructions in the box, which are sufficient for correct use and installation of the product and include all the warranty information. No Customer may request a wider warranty than the one indicated there.
The warranty will become void in the event of defects or damage caused by external factors, accidents (in particular electrical accidents), wear and tear, or installation and use not in line with the Manufacturer’s instructions.
Products modified or repaired by the Customer or by any other person not authorised by the Manufacturer are excluded from the warranty. Please tell us about any visible defect as soon as possible after delivery so we can handle it more quickly; this does not affect your right to claim for lack of conformity within the legal time limits. The warranty will not cover products damaged through improper use.
If the product does not conform to the contract, the consumer and user may choose between requiring repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user tells the seller which option they have chosen, both parties must abide by it.
Repair or replacement will be free of charge for the consumer and user. This includes the necessary costs of bringing the products into conformity with the contract, especially shipping costs, as well as labour and material costs.
The seller is liable for any lack of conformity that becomes apparent within three years of delivery; for second-hand products, a shorter period may be agreed, which may not be less than one year.
13.- DISCLAIMER
Under no circumstances will THE WEBSITE be liable, within the limits set by the applicable legal system, for any loss or damage of any kind directly or indirectly related to:
1.- The service offered.
2.- The content and information published on THE WEBSITE.
3.- The content of MEMBERS’ accounts.
4.- The use, inability to use or operation of the service offered on THE WEBSITE for reasons beyond TIGERNICKS’ control.
5.- Any unintentional error or omission in the operation or running of the WEBSITE service.
6.- Any action or investigation that TIGERNICKS or any competent public body carries out regarding MEMBERS in relation to the use of THE WEBSITE or the content published on it.
7.- Any damage that may occur to a computer, smartphone, tablet or any other electronic device as a direct or indirect result of browsing THE WEBSITE, unless the applicable legislation provides otherwise, in which case TIGERNICKS’ civil liability will be limited to the legal minimum.
8.- The actions, content, information or data of third parties used by MEMBERS with or without consent.
14.- PARTIAL INVALIDITY
If any part of these terms of service is contrary to law and therefore invalid, this will not affect the other provisions that comply with the law. The parties agree to renegotiate any points of the terms of service that are found to be void and to incorporate them into the rest of the terms of service.
15.- CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
This site is located in and operated from Spain. All matters relating to this site are governed by Spanish law and subject to the jurisdiction of the competent Courts and Tribunals of Spain, without applying the principles on conflict of laws. Where the CUSTOMER is not a consumer or user, or is domiciled outside Spain, TIGERNICKS and the CUSTOMER submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that might apply to them.
16. GOVERNING LAW AND JURISDICTION
This site is located in and operated from Spain. All matters relating to this site are governed by Spanish law and subject to the jurisdiction of the competent Courts and Tribunals of Spain, without applying the principles on conflict of laws. Where the CUSTOMER is not a consumer or user, or is domiciled outside Spain, TIGERNICKS and the CUSTOMER submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that might apply to them.
If the user decides to use or consult this site from outside Spain, they should be aware that they do so on their own initiative and are responsible for complying with the relevant local laws.
This contract will come into force and have full effect from the moment the recipient or user accepts it.
This contract and therefore the general conditions it incorporates, together with its annexes (if any), in addition to being read on this website, may be stored, archived and reproduced by the usual electronic or IT means.