1. GENERAL INFORMATION

The ownership of this website www.pingaoculto.es (hereinafter, the Website) is held by: PINGOC NOW S.L., with Tax ID Number: B72491368 and registered in: the Madrid Commercial Registry; and whose registration details are: Volume 44072, Page 84, Section 8, Registration Page 777404, and whose contact details are:

Address: Calle de Francisco Zea 12, Local, 28028, Madrid, Madrid, Spain

Contact phone: +34 91 417 04 02

Contact email: ppgad@pucrs.br

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.pingaoculto.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Terms and Conditions, the activity carried out by PingaOculto through the Website is understood to include:

Marketing and distribution of electronic products in the field of hidden earpieces, also known as spy earpieces; hidden cameras or mini cameras, as well as surveillance cameras; hidden recorders or mini microphones; GPS locators; frequency inhibitors or detectors; and related electronic accessories.

In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including the cookie policy and the privacy and data protection policy of PingaOculto. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above, and therefore if you do not agree with all of them, you should not use this Website.

Likewise, we inform you that these Terms and Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those that are in force at the time of requesting the purchase of products and/or services will be applicable.

For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or jointly as Users), and therefore, from the moment you start browsing the Website, you accept all the Conditions set out herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with, as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it is reasonably believed that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
  • Provide accurate and lawful contact details, such as email address, postal address and/or other details (see Legal Notice and General Terms and Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may, at their discretion, enter into a contract with PingaOculto for the purchase of the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase items on the Website using the methods and means provided. They must follow the online purchase and/or acquisition procedure at www.pingaoculto.es, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase area and, finally, click on: ‘Place order’.

Likewise, the User must fill in and/or check the information requested at each step, although during the purchase process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that PingaOculto has received their order or request to purchase and/or provide the service, i.e. the order confirmation. Where applicable, they will also be informed by email when their purchase is being dispatched. Where applicable, this information may also be made available to the User via their personal account on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where applicable, through their personal account on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from PingaOculto using the contact details provided on the Website or via the contact details provided above.

The User acknowledges that they are aware, at the time of purchase, of certain specific conditions of sale relating to the product and/or service in question, which are displayed alongside the presentation or, where applicable, image of the product on the Website, indicating, by way of example, but not limited to, and depending on each case: name, price, components, weight, quantity, colour, product details or characteristics, method of delivery and/or cost of services; and acknowledges that placing the purchase order or making the purchase constitutes full and complete acceptance of the specific conditions of sale applicable in each case.

Communications, purchase orders and payments involved in transactions carried out on the Website may be filed and stored in PingaOculto's computerised records for the purpose of providing proof of the transactions, in all cases in accordance with reasonable security conditions and the laws and regulations applicable in this regard, and particularly in accordance 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) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by PingaOculto through the Website are subject to product availability and/or to no circumstances or causes of force majeure (clause nine of these Terms and Conditions) affecting the supply of the products and/or the provision of the services. If there are difficulties in supplying products or there are no products left in stock, PingaOculto undertakes to contact the User and refund any amount that may have been paid as payment. This shall also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) or other currencies with a slight variation depending on the hourly exchange rate, and include taxes, unless otherwise indicated and applied by law, particularly with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. PingaOculto provides delivery and/or shipping services through GLS, UPS, and Correos.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, except for those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods are: Credit or debit card, Apple Pay and Google Pay, PayPal, Klarma and cash on delivery.

Likewise, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by PingaOculto and/or PINGOC NOW S.L.

PingaOculto uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to verification and authorisation by the issuing bank. If the bank does not authorise payment, PingaOculto will not be responsible for any delay or failure to deliver and will not be able to enter into any contract with the User.

Once PingaOculto receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the User receives the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the place established.

If the payment method is PayPal, gift card or credit card, the charge will be made when PingaOculto sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on ‘Place order,’ the User confirms that the payment method used is theirs or, where applicable, that they are the legitimate holder of the gift card or subscription card.

For cash on delivery payments, the User must select ‘Cash on Delivery’ from the payment methods on the Website and continue to Place Order to proceed with the purchase order. From that moment on, PingaOculto reserves the right to contact the User in order to validate the purchase order with them. After this, the order will be prepared and made available for shipment.

Payment will be made upon delivery of the order by the carrier's delivery person. Payment will be made in cash only. The User undertakes to give the carrier's delivery person the exact amount of the order; the delivery person will not be able to give change.

For refunds on orders paid by cash on delivery, PingaOculto reserves the right to 14 calendar days after the refund has been requested through the Website and the package has been returned to the carrier. When making the return, the User must provide their bank details to receive the transfer corresponding to the requested refund of the amount of the returned order. Refunds for orders paid by cash on delivery will be made by bank transfer or by means of a voucher with no expiry date.

PingaOculto reserves the right to suspend cash on delivery payments to Users who have not met the necessary requirements in past orders.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide.

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, circumstances arising from the customisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the delivery method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If, for any reason attributable to PingaOculto, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User will not be at the delivery location during the agreed time slot, they must contact PingaOculto to arrange delivery on another day.

If 30 days have elapsed since your order was available for delivery and it has not been delivered for reasons not attributable to PingaOculto, PingaOculto will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that transport arising from the resolution may incur an additional cost that may be passed on to them.

For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party designated by the User acquires physical possession of the products, which shall be evidenced by signing the order receipt at the agreed delivery address.

Any risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when PingaOculto receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after PingaOculto has received the full amount payable.

In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory where Spanish VAT is applicable if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

Users are hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify such data by contacting PingaOculto through the contact spaces provided on the Website, and, where applicable, through those provided for contacting customer service, and/or using the contact details provided in clause one (General information). Likewise, this information may also be corrected by the User through their personal account on the Website.

In any case, before clicking on ‘Place order’, the User has access to the space, basket or shopping cart where their purchase requests are recorded and can make modifications.

Similarly, Users are referred to the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for further information on how to exercise their right of rectification in accordance 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) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the goods purchased on the PingaOculto Website or, in the event that the goods comprising the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify PingaOculto of their decision. They may do so, where applicable, through the contact channels provided on the Website.

Regardless of the means chosen to communicate their decision, Users must clearly and unequivocally state that they intend to withdraw from the purchase contract. In any case, Users may use the withdrawal form provided by PingaOculto as an annex to these Terms and Conditions, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the expiry of the relevant period.

In the event of withdrawal, PingaOculto will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which PingaOculto is informed of the User's decision to withdraw.

PingaOculto will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not incur any additional costs to the User. However, PingaOculto may withhold such refund until it has received the products or items purchased, or until the User provides proof of return of the same, whichever condition is met first.

The User can return or send the products to PingaOculto at: Calle Francisco Zea 12, Local, 28028, Madrid, Madrid, Spain

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which PingaOculto was informed of the withdrawal decision.

The User acknowledges that they shall bear the direct cost of returning the goods (transport, delivery), if any. Furthermore, they shall be liable for any reduction in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and without limitation, this would be the case for: personalised products; products that are liable to deteriorate or expire rapidly; music or video CDs/DVDs without their factory-sealed packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery; the supply of digital content without a physical medium.

The provision of any service that the User may contract on this Website is governed by the same principles, as this same Law establishes that Users shall not have the right of withdrawal when the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by PingaOculto, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond simply opening it, if the products are not in the same condition in which they were delivered, or if they have been damaged after delivery.

Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link: https://pingaoculto.com/warranty-and-returns/

Return of defective products or shipping errors

This refers to all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, they must contact PingaOculto immediately and inform them of the non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to return the products, and once returned, they will be examined and the User will be informed within a reasonable period of time whether a refund or, where applicable, a replacement will be made.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products that are returned due to a defect, when one actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in returning the product. The refund will be made using the same payment method used by the User to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always prevail.

Warranty

The User, as a consumer and user, enjoys guarantees on the products that they may purchase through this Website, under the terms legally established for each type of product. PingaOculto is therefore liable for any lack of conformity that becomes apparent within three years of delivery of the product.

In this regard, products are understood to be in accordance with the contract provided that: they conform to the description provided by PingaOculto and possess the qualities presented therein; they are suitable for the purposes for which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with regard to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics, provided that these derive from the type of material with which they have been manufactured and therefore form part of the individual appearance of the product and are not a defect.

On the other hand, it may be the case that the User purchases a product on the Website that is manufactured by a third party. In this case, and if the User considers that the product is defective, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them for a period of three years from the date of delivery of the products. To do so, the User must have kept all information relating to the product warranty.

However, to learn more about the After-Sales Service that PingaOculto offers to Users of the Website, please consult the following link: https://pingaoculto.com/warranty-and-returns/

9. DISCLAIMER OF LIABILITY

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

  • any losses that were not attributable to any breach on your part;
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Equally, PingaOculto It also limits your liability in the following cases:

  • PingaOculto takes all measures to ensure that the products displayed on the Website are accurately represented. However, it cannot be held responsible for any minor differences or inaccuracies that may arise due to screen resolution, browser issues or other similar problems.
  • PingaOculto will act with the utmost diligence to make the product ordered available to the company responsible for transporting it. However, it is not responsible for any damage resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and in general any other causes specific to the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to unforeseen circumstances or other causes, prevent the normal functioning of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent the service from being available. PingaOculto makes every effort to carry out the purchase, payment and shipping/delivery of the products, however, it is not liable for causes beyond its control, fortuitous events or force majeure.
  • PingaOculto shall not be liable for the misuse and/or wear and tear of products that have been used by the User. At the same time, PingaOculto shall not be liable for any incorrect returns made by the User. It is the User's responsibility to return the correct product.
  • In general, PingaOculto shall not be liable for any breach or delay in the performance of any of the obligations assumed, when this is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil unrest, riots, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, planes, motor transport or other means of transport, whether public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, obligations will be suspended for the duration of the force majeure event, and PingaOculto will have an extension to fulfil them for a period equal to the duration of the force majeure event. PingaOculto will use all reasonable means to find a solution that allows it to fulfil its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with PingaOculto will be electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by PingaOculto comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with PingaOculto using the contact details provided in these Terms and Conditions and, where applicable, through the contact areas on the Website.

Similarly, unless otherwise stipulated, PingaOculto may contact and/or notify the User at their email address or postal address provided.

11. DISCLAIMER

No waiver by PingaOculto of any specific right or legal action or failure by PingaOculto to require strict compliance by the User with any of their obligations shall constitute a waiver of other rights or actions arising from a contract or the Terms and Conditions, nor shall it exempt the User from compliance with their obligations.

No waiver by PingaOculto of any of these Terms and Conditions or of any rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and formalised and communicated to the User in writing.

12. NULLITY

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and PingaOculto in relation to the subject matter of the sale and supersede any prior agreement, understanding or promise made verbally or in writing by the same parties.

The User and PingaOculto acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.

14. DATA PROTECTION

Any personal information or data provided by the User to PingaOculto during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any dispute, problem or disagreement arising from or related to access, browsing and/or use of the Website, or to the interpretation and execution of these Terms and Conditions, or to the sales contracts between PingaOculto and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send PingaOculto any complaints, claims or other comments they wish to make using the contact details provided at the beginning of these Terms and Conditions (General Information).

In addition, PingaOculto has official complaint forms available to consumers and users, which they can request from PingaOculto at any time using the contact details provided at the beginning of these Terms and Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between PingaOculto and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.