Terms and Conditions of Purchase

1. General Information

The ownership of this website, pulsevintage.com (hereinafter the Website), is held by Pulse Vintage. This document (along with other documents referred to herein) regulates the terms governing the use of this Website (pulsevintage.com) and the purchase or acquisition of products and/or services on it (hereinafter, the Conditions).

For the purposes of these Conditions, it is understood that the activity carried out by Pulse Vintage through the Website includes:

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Pulse Vintage. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and everything mentioned above. If the User does not agree with all of this, they should not use this Website.

Furthermore, the User is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as the terms in force at the time the purchase and/or service request is made will apply.

For any questions the User may have regarding the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. The User

Accessing, browsing, and using the Website grants the status of user (hereinafter referred to individually as User or collectively as Users), which implies acceptance of all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, depending on the case.

The User assumes responsibility for the proper use of the Website. This responsibility includes:

Using this Website only to make legally valid inquiries and purchases.
Not making any false or fraudulent purchases. If it is reasonably considered that a purchase of this nature has been made, it may be canceled, and the relevant authorities will be informed.
Providing truthful and lawful contact information, such as an email address, postal address, and/or other data (see Legal Notice and General Terms of Use).

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

The Website is primarily directed at Users residing in Spain. Pulse Vintage does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Pulse Vintage disclaims any responsibility that may arise from such access, nor does it guarantee shipments or the provision of services outside Spain.

The User may formalize, at their discretion, the contract for the purchase of the desired products and/or services with Pulse Vintage in any of the languages in which these Conditions are available on this Website.

3. Purchase Process

Users duly registered can purchase on the Website through the established means and forms. They must follow the online purchase and/or acquisition procedure on pulsevintage.com, during which several products and/or services may be selected and added to the cart or final checkout space. Finally, click on: “Complete Purchase.”

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

Subsequently, the User will receive an email confirming that Pulse Vintage has received their order or purchase request, i.e., the order confirmation. If applicable, the User will also be informed by email when their purchase is being shipped. This information may also be made available to the User through their personal account on the Website.

Once the purchase process has concluded, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, where applicable, through their personal account on the Website. Additionally, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Pulse Vintage through the Website’s contact sections or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question, which are displayed alongside its presentation or image on the Website, indicating, by way of example but not limited to, depending on the case: name, price, components, weight, quantity, color, product details, or characteristics, the manner in which services will be provided and/or their cost. The User acknowledges that placing the order confirms full 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 archived and stored in Pulse Vintage’s computerized records to serve as proof of the transactions, always respecting reasonable security conditions and complying with current laws and regulations on this matter, particularly concerning Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, and the rights granted to Users under the privacy policy of this Website.

4. Availability

All purchase orders received by Pulse Vintage through the Website are subject to product availability and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of services. If difficulties arise concerning the supply of products or if there are no products in stock, Pulse Vintage commits to contacting the User and refunding any amount that may have been paid. This will also apply when the provision of a service becomes unfeasible.

5. Prices and Payment

The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise required by law, especially regarding VAT, in which case a different rate may apply.

Shipping costs are included in the final product prices as shown on the Website. Pulse Vintage provides delivery and/or shipping services through Correos.

The Website will not automatically add additional costs to the price of a product or service, only those that the User has voluntarily and freely selected.

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

Accepted payment methods include: Credit or debit card.

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

Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize the payment, Pulse Vintage will not be responsible for any delays or non-delivery, and no contract will be formalized with the User.

Once Pulse Vintage receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The charge on the card will be made when the User is sent the shipping confirmation and/or the confirmation of the service being provided in the agreed form and place.

In any case, by clicking on “Complete Purchase,” the User confirms that the payment method used is theirs.

6. Delivery

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union.

Except in cases of unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of 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 shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If Pulse Vintage is unable to meet the delivery date for reasons attributable to it, it will contact the User to inform them of this situation, 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 amount paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the User’s absence, 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 redelivered.

If the User will not be at the delivery location at the agreed time, they should contact Pulse Vintage to arrange delivery on another day.

If 30 days have passed since the order was available for delivery and it has not been delivered due to reasons not attributable to Pulse Vintage, Pulse Vintage will consider that the User wishes to withdraw from the contract, and it will be terminated. As a consequence 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 different delivery method than the least expensive standard delivery method offered on the Website, without undue delay and, in any case, within a maximum of 14 calendar days from the date on which the contract is deemed terminated.

However, the User should be aware that transport resulting from the termination may incur an additional cost that may be charged to them.

For the purposes of these Conditions, it will be understood that delivery has occurred when the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

Any risks associated with the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Pulse Vintage receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or upon delivery, if this occurs at a later time than the full receipt of the payment amount by Pulse Vintage.

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

Similarly, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006, concerning the common VAT system, purchase orders will be located, for delivery and/or provision, in the member state of the European Union where the address indicated in the purchase order is located, and therefore, the applicable VAT will be the one in force in that member state.

7. Technical Means for Correcting Errors

The User is informed that if they detect an error when entering the data required to process their purchase request on the Website, they may modify them by contacting Pulse Vintage through the contact spaces enabled on the Website and, where appropriate, through those enabled for contacting customer service and/or using the contact details provided in clause one (General Information). Additionally, this information can be corrected by the User through their personal account on the Website.

In any case, before clicking on “Complete Purchase,” the User has access to the space, cart, or basket where their purchase requests are recorded, and they can make modifications.

Similarly, the User is referred to the Legal Notice and General Terms of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights.

8. Returns

In cases where the User acquires products on or through the Website, they are entitled to a series of rights, as enumerated 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 that purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day the User or a third party authorized by the User, other than the carrier, acquires physical possession of the goods purchased on the Pulse Vintage Website. If the goods in the order are delivered separately, the 14-day period will expire 14 calendar days after the day the User or a third party authorized by the User, other than the carrier, acquires physical possession of the last of the goods that make up the same purchase order. In the case of a service contract, the 14-day period will expire from the day the contract is signed.

To exercise this right of withdrawal, the User must notify Pulse Vintage of their decision. They may do so through the contact spaces provided on the Website.

The User, regardless of the method they choose to communicate their decision, must express clearly and unequivocally their intention to withdraw from the contract. In any case, the User may use the withdrawal form template provided by Pulse Vintage as part of these Conditions, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding period expires.

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

Pulse Vintage will refund the User using the same payment method that the User used to make the initial purchase transaction. This refund will not incur any additional cost for the User. However, Pulse Vintage may withhold the refund until the products or items from the purchase are received or until the User provides proof of their return, whichever condition is met first.

The User can return or send the products to Pulse Vintage at:

And they must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Pulse Vintage was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery) if any is incurred. Additionally, they will be responsible for the decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stipulated in Article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. These include, but are not limited to, cases such as personalized products, products that may deteriorate or expire quickly, CDs/DVDs of music or video without their factory-sealed packaging, products that are sealed for hygiene or health reasons and have been unsealed after delivery, and the supply of digital content without a physical medium.

The same applies to the provision of a service that the User may contract on this Website, as this same law stipulates that Users will not have the right to withdraw once the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment that they are aware that once the contract has been fully executed by Pulse Vintage, they will lose their right to withdraw.

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

Additionally, products must be returned using or including all their original packaging, instructions, and other accompanying documents, along with a copy of the purchase invoice.

Return of Defective Products or Shipment Errors

This applies to all cases where the User considers that, upon delivery, the product does not conform to the contract or purchase order, and therefore, they must contact Pulse Vintage immediately to inform them of the discrepancy (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 about how to proceed with the return of the products, and once returned, they will be examined, and the User will be informed within a reasonable period whether a refund or replacement is appropriate.

The refund or replacement of the product will be processed as soon as possible and, in any case, within 14 days of the date Pulse Vintage sends an email confirming that the refund or replacement of the non-conforming item is proceeding.

The amount paid for defective products that are returned will be fully refunded, including delivery costs and any costs the User may have incurred in making the return. The refund will be made using the same payment method the User used for the purchase.

In any case, the rights recognized by the current legislation for the User as a consumer and user will always apply.

Warranties

The User, as a consumer and user, enjoys warranties on the products that may be purchased through this Website, under the legally established terms for each type of product, for which Pulse Vintage is responsible for any lack of conformity that becomes apparent within three years from the delivery of the product.

In this sense, it is understood that the products conform to the contract as long as they: comply with the description made by Pulse Vintage and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and are expected by the User. If this is not the case for the products delivered to the User, they should proceed as indicated in the section on Returning Defective Products or Shipment Errors. However, some of the products marketed on the Website may exhibit non-homogeneous characteristics as long as these arise from the type of material used in their manufacture, which will therefore form part of the individual appearance of the product and will not be considered a defect.

Additionally, it is possible that the User may purchase a product on the Website that is branded or manufactured by a third party. In such cases, and considering the User perceives it to be a defective product, the User may also contact the responsible brand or manufacturer to find out how to exercise their legal warranty rights directly against them for the three years following the delivery of said products. For this, the User must have retained all information regarding the product warranty.

9. Limitation of Liability

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

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

Additionally, Pulse Vintage limits its liability in the following cases:

Pulse Vintage applies all reasonable measures to provide a faithful representation of the product on the Website. However, it is not responsible for minimal differences or inaccuracies that may occur due to a lack of screen resolution, browser issues, or other such problems.
Pulse Vintage will act with the utmost diligence to make the product subject to the purchase order available to the transport company. However, it is not responsible for damages resulting from a transport malfunction, especially for causes such as strikes, roadblocks, and generally other sector-related issues that result in delays, loss, or theft of the product.
Technical failures that, due to accidental causes or other reasons, prevent normal functioning of the service via the Internet. Unavailability of the Website for maintenance or other reasons that prevent service access. Pulse Vintage puts all its means at its disposal to carry out the process of purchasing, payment, and shipping/delivery of the products, but it is exempt from liability for causes that are not attributable to it, including force majeure.
Pulse Vintage will not be held responsible for the misuse and/or deterioration of products that have been used by the User. Likewise, Pulse Vintage will not be held responsible for a wrong return made by the User. It is the User’s responsibility to return the correct product.
In general, Pulse Vintage will not be held liable for any failure or delay in fulfilling any of its obligations when such failure 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 labor actions.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
- Inability to use trains, ships, airplanes, motor transport, or other means of transport, 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, the obligations will be suspended for the period during which the cause of force majeure continues, and Pulse Vintage will be granted an extension of time to fulfill them for a period of time equal to the duration of the cause of force majeure. Pulse Vintage will use all reasonable means to find a solution that allows it to meet its obligations despite the force majeure.

10. Written Communications and Notifications

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

For contractual purposes, the User consents to using this electronic communication method and acknowledges that all contracts, notices, information, and other communications that Pulse Vintage sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Pulse Vintage through the contact details provided in these Conditions and, where appropriate, through the Website’s contact spaces.

Similarly, unless otherwise stipulated, Pulse Vintage may contact and/or notify the User by email or at the postal address provided.

11. Waiver

No waiver by Pulse Vintage of any right or legal action shall be deemed a waiver of other rights or actions arising from a contract or the Conditions, nor shall it relieve the User from complying with their obligations.

No waiver by Pulse Vintage of any of these Conditions or the rights or actions arising from a contract will take effect unless expressly stated to be a waiver and is communicated to the User in writing.

12. Nullity

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

13. Entire Agreement

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Pulse Vintage regarding the subject matter of the purchase and replace any prior agreement, understanding, or promise made verbally or in writing between the same parties.

The User and Pulse Vintage acknowledge that they have entered into the contract without having relied on any statement or promise made by the other party, except those expressly mentioned in these Conditions.

14. Data Protection

The personal information or data provided by the User to Pulse Vintage during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where appropriate, in the Legal Notice and General Terms 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 the information or data they provide is truthful.

15. Applicable Law and Jurisdiction

Accessing, browsing, and/or using this Website and the purchase contracts for products through it will be governed by Spanish law.

Any controversy, issue, or disagreement that arises or is related to the access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Pulse Vintage and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. Complaints and Claims

The User can send Pulse Vintage their complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

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

Likewise, if a dispute arises from this purchase contract between Pulse Vintage and the User, the User, as a consumer, may request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: https://ec.europa.eu/consumers/odr/.