Conditions of use and service of the web
The client / user, prior to the formalization of the purchase of any of the products offered by Fijo Custom, must register their data and personal circumstances necessary for the formalization of the sale contract (name and surname or company name, DNI / NIF , address, email address, phone number, date of birth).
Fixed Custom may request the client other additional personal data that allow him to know, for statistical purposes, the client's profile. The customer may omit or stop communicating any data or personal circumstances that are not absolutely necessary to formalize the purchase. Fixed Custom offers the customer a personal registration system through a personalized access name (login) and a password (password) to facilitate future purchase operations for the customer. In this case, the client may designate the desired name and password at their discretion, as long as these are available or are not assigned to other clients. Names or passwords with immoral, injurious, humiliating, discriminatory content or that contravene the provisions of the law, nor those with terms that refer to brands, products or names protected by the Intellectual, Industrial Property Law or on the rights to the intimacy, the honor and the own image.
The client undertakes to ensure the confidentiality of his own name and password. Fixed Custom is exempt from any responsibility derived from the incorrect use or negligence of the client in the fulfillment of his obligation of confidentiality of his access codes.
Security and protection for buyers
Buyer security and protection are made up of a series of guarantees offered by Fijo Custom that allow buyers to purchase products safely.
Fixed Custom customers have protection when:
- They receive an item in poor condition or damaged
- They receive an item that does not work
- They receive an incomplete item (lack of an essential component)
- They receive a different wrong item than the one they had ordered
Privacy and data protection policy
In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), as well as in R.D. 1720/2007 of December 21, which approves the regulation that develops the L.O. 15/1999, the personal data that the user provides to Airsoft and Professional Equipment through the forms available on our website or provided through any other means, will be incorporated into the Airsoft and Professional Equipment files for the sole purpose to manage the order or request for corresponding information, as well as to carry out promotional or advertising activities of its own or of third parties by any means, including sending commercial messages via SMS, email, or mail, with commercial or professional information that may be of interest to the user.
Security
The client agrees to diligently save the "username" and "password" provided by Fijo Custom when registering as a user of the Web www.fijocustom.com
The client will assume responsibility for damages that may arise from an improper or negligent use of the username and password provided, the Merchant being responsible for all damages that are caused by not immediately informing Fijo Custom of the fraudulent use or unauthorized of your username and password.
BELOW WE EXPOSE A TEXT EXTRACTED FROM THE SPANISH CONSUMER AGENCY WITH INFORMATION ON FIREARMS AND THEIR IMITATIONS
REPORT ON FIREARMS AND THEIR IMITATIONS AND SUPPLEMENTARY NOTE
INTRODUCTION
The use of firearms and their imitations by the general public, as well as by the child population as a game instrument, is subject to a series of conditions that restrict their indiscriminate use, which are essentially based on risk. potential that these articles may have for citizen security.
Although the use of real firearms does not normally raise doubts about their dangerousness and, therefore, does not give rise to errors in the consumer regarding their acquisition, possession and use, the same does not happen with imitations. and a replica of those, especially when in many cases, they are acquired as a game instrument for the child population.
In order to contribute to their knowledge and in order to avoid risks to their safety for the population, as well as administrative sanctioning actions as a result of the erroneous use of firearms and their imitations, especially by children, below The applicable regulations are indicated for these articles, as well as for those toys that imitate them.
REGULATIONS ON WEAPONS AND IMITATIONS AND REPLICATIONS OF FIREARMS
Royal Decree 137/1993, of January 29, approving the Weapons Regulation (BOE 5-3-93)
Said regulation regulates the requirements and conditions for the manufacture and repair of weapons, their imitations and replicas and their fundamental parts, as well as everything concerning their circulation, storage and trade, their acquisition, disposal, possession and use, as well as the control measures necessary to safeguard public safety.
Classification
Article 3 of the aforementioned Regulation establishes an enumeration and classification of regulated firearms, based on their characteristics and degree of danger and destination or use.
Among the different categories of weapons, for the purposes of this report, the following are of particular interest, given that due to their characteristics they are the ones that can create the greatest confusion regarding their possession and use:
3rd category
3. Weapons operated by air or other compressed gas, provided that the kinetic energy of the projectile in the mouth exceeds 24.2 joules.
4th category
Semi-automatic and repeating carbines and pistols, and double-action revolvers, actuated by air or other compressed gas not assimilated to shotguns.
Rifles and pistols, smooth or rifled, single shot and single action revolvers, actuated by air or other compressed gas not assimilated to shotguns.
7th category
6. Revolvers or firing pistols
Signs and Marks
Article 28.1 establishes that firearms, as well as those of categories 3, 3, 4 and 7, 1, 2 and 3, must bear a correlative factory numbering.
Possession and use
The possession and use of category 3 weapons requires a weapons license (art. 96.2), which will only be issued to persons of legal age (art. 102.1).
Category 4 weapons (carbines and air pistols or other compressed gas) can be purchased and kept at home without the need for a card or weapons license, only with the declaration of the sale, the class of weapons and the data of identity of the acquirer to the Mayor of the municipality where he resides and to the Intervention of Arms of the Civil Guard (art. 54.3).
However, to carry and use said weapons outside the home they must be uniquely documented by weapons cards that will accompany them in any case, and will be granted and withdrawn, where appropriate, by the Mayors of the municipalities in which the applicants reside (art 96.6 and 105.1).
Category 4 weapons may be documented in a maximum number of six, by means of the A card, which will be valid for 5 years. The weapons of category 4ª.2 may be documented in an unlimited number by means of the B card, of permanent validity (art. 105.2).
Applicants for card A must prove that they have reached the age of 14 (art. 105.4).
The weapons of category 7th.6 may be acquired after proof of the buyer's age of majority by showing the ID, passport, card or residence authorization, the data of which must be entered in the corresponding books by the selling establishment (art. 54.5).
Sale
In addition to the statutory authorized armories, sporting goods sales establishments that meet the relevant tax requirements may, giving prior knowledge to the corresponding Civil Guard Weapons Intervention, engage in the sale of weapons powered by air or other compressed gas, included in categories 4 and 7, 5 and 6, as well as useless or disabled firearms (art. 56.a)).
Disabled or useless weapons may be possessed without limitation in number, at home, and must accompany the disabled, defined in art. 108.1, the corresponding Weapons Intervention Certificate (art. 108.4).
On the other hand, commercial establishments of any kind may dedicate themselves to the sale of original old or historical weapons and their replicas or reproductions, provided that they obtain prior authorization from the corresponding Civil Guard Weapons Intervention and keep a record book. inputs and outputs of weapons. Said Intervention may inspect the stocks and documentation of the weapons, in the same way as in the armories (art. 56.b)).
Imitations of firearms
According to the current Weapons Regulations, the possession, except in one's own home as an object of decoration or collecting, of imitations of firearms that due to their external characteristics may lead to confusion about their true nature, although they cannot be transformed into Firearms. Those whose models have been previously approved by the General Directorate of the Civil Guard (art. 5.2) are excepted from the prohibition.
Said imitations of weapons may be kept at one's home as an object of decoration or collection provided that they are legalized by means of the registration in a Register-Book filled out by the respective Weapons Intervention, in which registrations and losses will be noted. The use of the weapons registered in said Registry is prohibited (art. 107.b)).
Intervention and inspection
The Ministry of the Interior, through the General Directorate of the Civil Guard, intervenes in all functions derived from current legislation on manufacture, repair, circulation, storage, trade, acquisition, disposal, deposit, possession and use of weapons, and through the General Directorate of the Police, in the possession and use of weapons (art. 7).
In this sense, the Civil Guard will inspect as many times as it deems necessary and without prior notice, the different premises of the factories, workshops, warehouses or arms shops, vehicles that transport them, places of use and all those that are directly related with the activities carried out in them (art. 8).
Sanctions regime
The competence to impose sanctions on infractions not considered crimes will be exercised by the bodies referred to in art. 29 of Organic Law 1/1992, of February 21, on the Protection of Citizen Security, corresponding to the Civil Governors and Delegates of the Government of Ceuta and Melilla the imposition of sanctions for serious and minor infractions and, in certain cases, to Mayors, those classified as minor (art. 159.1).
In matters of manufacture, repair, storage, distribution, circulation and trade, it will be the General Directorate of State Security, at the proposal of the General Directorate of the Civil Guard, the competent one for the imposition of sanctions, for very serious infractions, and the own Directorate General of the Civil Guard in those cases involving serious or minor offenses (art. 159.2).
In the event that the offenses committed are considered crimes, all the necessary information will be sent to the Public Prosecutor's Office so that the case can be investigated.
REGULATIONS ON TOY WEAPONS
Royal Decree 880/1990, of June 29, approving the toy safety regulations (BOE 12-7-90), modified by Royal Decree 204/1995, of February 10 (BOE 4-26-95 )
This Royal Decree will apply to all those weapons that are considered toys, with the exception of those excluded by its Annex I from its scope, such as:
Compressed air weapons.
Faithful imitations of real firearms.
Both types of articles will be governed by the provisions of the Weapons Regulations in force.
Order of the Ministry of the Interior, of 29-7-1978, on circulation, sale and possession of toys that can be confused with firearms (BOE 10-8-78)
Toys that can be mistaken for firearms must comply, in addition to what is established in Royal Decree 880/1990, the provisions of the aforementioned Ministerial Order, which establishes the following:
The General Directorate of the Civil Guard (Central Intervention of Arms) must authorize the circulation, sale and possession of toys that, due to their size, color and structure, can be confused with firearms, taking into account the following requirements:
Toys that do not project any objects:
The muzzle will be blocked by a red cap, made of "zamak" or calamine, fused to the barrel and with an internal length equal to, at least half of it, protruding a minimum of 3 mm to the outside. In the case of reproductions of revolvers, they must not have chambers in the drum, which must be protected by a flap, made of the same material as the toy and fused to the piece so that the perforations are not visible.
Toys that project objects:
They must have a red clamp, at least 5 mm wide and 3 mm high, around the barrel and fused to it, of the same material as the rest of the piece and immediately behind the front sight.
Importers of toys that simulate weapons will request a report from the General Directorate of the Civil Guard (Central Intervention of Weapons) on whether the models whose acquisition they intend for sale in Spain are likely or not to be allowed to be marketed.
The advertising of the toys will be made indicating the measures adopted to prevent them from misleading their authenticity, a circumstance that will also be stated on the packaging.
The aforementioned Order is considered in force, since it has not been expressly repealed by the provisions on weapons and toys and because its content does not contradict the text of those provisions.
CONCLUSION
Taking into account all of the above, the regulations that apply to the different articles that are the subject of this report are set out below:
Toys that simulate real weapons and cannot be confused with firearms (Royal Decree 880/1990, of June 29 and its modification).
Toys that simulate real weapons and can be confused with firearms (Royal Decree 880/1990, of June 29 and its modification and Order of the Ministry of the Interior, of 7-29-1978).
Weapons of air or other compressed gas (Royal Decree 137/1993, of January 29).
Faithful imitations of real firearms (Royal Decree 137/1993, of January 29).
With regard to administrative powers, the General Directorate of the Civil Guard is competent in matters of commercialization of weapons and their imitations or replicas, as well as their possession and use.
Likewise, said General Directorate is competent to authorize the circulation, sale and possession of toys that can be confused with firearms.
Therefore, any information to which the INC may have access that implies a breach of Royal Decree 137/1993 or Ministerial Order of 29-7-78, especially in matters of commercialization, will be sent to the Central Intervention of Weapons and Explosives, dependent on the General Subdirectorate of Operations of the Civil Guard, for its knowledge and for the purposes deemed appropriate.
Likewise, the information that in this sense may be available to any Autonomous Community, will be communicated to the Territorial Intervention of the Civil Guard located in its scope of action.
Madrid, April 29, 1996
SUPPLEMENTARY NOTE TO THE REPORT ON FIREARMS AND THEIR IMITATIONS (DOC. OC / SS / I.23-96 / I. FINAL)
The regulation on weapons approved by Royal Decree 137/1993, of January 29, aims to safeguard public safety. Its precepts will be supplementary to any other provision that, for a different purpose, contains regulatory standards for said matters.
Royal Decree 880/1990, of June 29, approving the safety regulations for toys, excludes from its scope:
compressed air guns
faithful imitations of real firearms
Royal Decree 1468/1988, of December 2, approves the Regulation of labeling of industrial products intended for direct sale to consumers and users, establishes the minimum required data that, necessarily, must appear on the labeling of industrial products that reach the consumer, in order to ensure sufficient information.
These articles, in general, due to their characteristics, have, in some cases, limitations on age, sale and possession, as well as must warn of the risks that could generate or indicate precautions to take into account, so that the consumer is You must provide the information on all these characteristics, so that you make a good use of the product that guarantees your safety.
Taking into account the comments:
Toys in the shape of weapons must meet the essential safety requirements set out in Royal Decree 880/1990 and their corresponding labeling will bear the “CE” marking. Likewise, the manufacturer or importer may request the dossier that justifies said marking.
Toys that can be mistaken for firearms shall comply with the provisions of Royal Decree 880/1990, of June 29, and the Order of the Ministry of the Interior of June 29, 1978. They must be labeled as toys.
For this reason, they must be marked "CE" and the dossier that justifies this marking may be requested.
Compressed air weapons and imitations of weapons that, due to their external characteristics, may lead to confusion about their true nature, are not considered toys, are included in the Weapons Regulations and, without prejudice to the provisions of Royal Decree 137 / 1993, which approves it, from the point of view of information to the consumer, either when they are sold packaged or without packaging, they must be labeled with the following data:
denomination of the product and class to which they belong according to the regulations of arms
clear indication that they cannot be used by children under 14 or 16 years of age, as the case may be.
authorization required for its use.
safety warnings and prohibitions that you require regarding the sale, possession and proper use.
Product characteristics.
Responsible with complete signs.
lot
These items may not be presented together for commercialization with other products, and even less together with toys.
In establishments they must be placed in protected places and never within the reach of consumers, and for their commercialization the indications included in the labeling must be respected.
Consequently, the articles in the shape of a firearm that are offered to the consumer can be weapons (Royal Decree 137/1993) or toys (Royal Decree 880/1990), and in terms of safety they will comply with the requirements established in their corresponding decrees, and, in terms of consumer information, the labeling will be completed with the provisions of Royal Decree 1468/1988.
The notified bodies will take into account these criteria and, in case of doubt about the classification of the article, they will advise the manufacturer to consult the Central Intervention of Weapons and Explosives, dependent on the General Subdirectorate of Operations of the Civil Guard.
Finally, in relation to the products that are on the market, for inspection purposes, it will be their labeling that determines the type of product in question:
If the product is marked with "CE" it is considered a toy, and the toy requirements will be applied, and the dossier that supports said marking may be required
If the product is not marked "CE", it is not considered a toy. In this case, the corresponding labeling will be required to inform you of your limitation of sale, use, age,….
In the event of non-compliance with the established requirements, the measures deemed necessary will be adopted.