PARTIES TO THE CONTRACT
- WEEROES KIDS CLOTHING S.L.U., is a limited liability company with the company ID number B88188545 of Spain, registered office in Calle Santa Engracia 122 5 A, 28003 Madrid, Spain and registered in the Mercantile Registry of Madrid, Volume 38,256, Folio 90 , Section 8, sheet M-680709, inscription 1. Hereinafter referred to as WEEROES.
- Purchase through the online store of WEEROES is reserved to customers who are final consumers, physical persons over 18 years old and who do not act in the exercise of some kind of commercial, business or professional activity.
- WEEROES reserves the right to refuse orders made by customers that differ from the final consumer qualification described above.
- The commercial relationship between WEEROES and the customer shall be governed only by the general conditions indicated herein, in its original Spanish version, at the time the order is accepted and according to the laws and regulations applicable in Spain.
- Only customers who have registered correctly will be allowed to complete purchases at WEEROES. The creation of several accounts and their use by the same person is prohibited.
- Any commercial resale activity of the goods acquired to third parties is prohibited.
- WEEROES can limit the maximum number of units to be delivered by model and/or customer.
- Failure to comply with the aforementioned prohibitions may lead to the immediate exclusion of the customer and give rise to liability for damages suffered by WEEROES.
- The presentation of products in the online store is not a binding offer but simply an invitation to offer.
- When completing a purchase with the cart it will be understood that the customer has made a purchase proposal.
- The purchase confirmation will check the receipt of the offer to buy from the customer. The purchase contract is completed only with the shipment by WEEROES of the proposed goods.
- If, while processing the order, WEEROES identifies that the products ordered by the customer are not available, the customer will be informed. There will be no completion of the contract with regards to the unavailable products.
- WEEROES may cancel or suspend an order in the following cases:
- A customer is not or does not seem to have an acceptable credit risk,
- More than one payment reminder has been issued without payment being produced,
- There are causes to suspect abuse of the order process (e.g. order various sizes to test)
- Reasonable cause of suspicion of illegal actions or actions not allowed under this contract.
- In order to be able to complete the offer of purchase of the products, the customer must follow the steps established in the process of purchase; provide the data that is requested for that purpose; expressly accept the terms of sale at the time; proceed with the formalization of the same by confirmation of the order and proceed to complete payment of the same one at the moment of confirmation.
- The contract of sale will be understood formalized and perfected after the effective receipt of the payment of the integral price by the part of WEEROES and on the confirmation of the shipment by WEEROES.
- WEEROES may not process orders when they are incorrect, incomplete, the payment agreement has not been received within the 48 hours following the fulfilment of the order, in case of unavailability of one or more products or any other reason based on these terms and conditions of sale. The customer may be informed by e-mail or by telephone of the non-processing of his order and of the reasons of the non-processing.
- Once the order has been formalized and paid in full, the customer should receive, within 24 hours, an email confirmation of the order detailing the order number, products purchased and their prices, shipping costs, method of payment, shipping address and other contractual data of the transaction.
PRICE AND PAYMENT
- Prices may be updated at any time by WEEROES, however, the prices applicable to each order will be those in force at the time the customer confirms the purchase of the products, except in the event of error.
- The prices of the products for sale are determined in euros and include the corresponding VAT. To these prices must be added, where appropriate, the relevant shipping costs, which will be communicated to the customer before formalizing the order, and which are expressly accepted upon confirming the purchase offer.
- The prices presented in the online store will indicate whether or not there is an inclusion of the VAT rate applicable in Spain. Its non-indication will imply that it is included.
- In purchases for shipping outside the European Union, VAT will not apply and the required fees and taxes for delivery to the final destination will be borne by the customer.
- Rates and shipping costs will be applied to each order in addition to the price of the products. The rates and costs presented will be payable by the customer.
- Payment can only be made by the methods presented in the online store. The processing of the payment data will be encrypted and the responsibility of the company that the customer selects to make the payment.
- The goods sold will remain the property of WEEROES until the full payment is completed and received by WEEROES.
- WEEROES is a company whose purpose is the creation of true heroes. True heroes are understood as anyone who helps another physical person in need of help when they need it. The use of its products against this purpose is prohibited. WEEROES reserves the right to request the return of products that are used for villainy, bullying and illegal or immoral actions. WEEROES may appoint the family of a user of its products as a representative to withdraw, return or suspend the use of its products by anyone who is seen making use of WEEROES products in a manner contrary to our policy.
- WEEROES sells its products on Incoterms DAP regime.
- The conclusion of the purchase of products sold by WEEROES is always understood as producing effects in Spain. The delivery of the products to the address indicated by the customer is organized by WEEROES at the customer’s own risk.
- WEEROES will deliver the products to the address that the customer indicates on the order form, and that in any case must be within the territories indicated in the online shop.
- There will be no delivery service of the products in respect of territories not included .
- The products are usually ready to ship, but WEEROES assumes no responsibility for the consequences of possible delays in delivery.
- The delivery shall be deemed to have been made from the moment in which the carrier makes the product available to the customer.
- If the package has not been able to be delivered for reasons attributable to the customer within the 10 working days period following the delivery of the package, it will be returned to WEEROES with costs of sending/returning to the origin of the goods, as well as possible associated management and administrative costs and taxes borne by the customer.
RIGHT OF WITHDRAWAL AND RETURN POLICY
- The customer has the right to withdraw from their purchase within 14 working days of the day they or a third party they indicated, not including the transport company, received the ordered goods, without need of justification.
- To exercise their right, the customer must notify WEEROES via email to firstname.lastname@example.org or registered mail to WEEROES, Kids Clothing, S.L., Calle Santa Engracia 122 5-A, 28003 Madrid, Spain, of their decision through an unequivocal declaration in their own words or using the Withdrawal Form included below.
- Withdrawal Form template:
To WEEROES, Kids Clothing, S.L., Calle Santa Engracia 122 5-A, 28003 Madrid, Spain and email email@example.com:
I hereby notify my withdrawal from our sale and purchase contract for the following items:
Order number: (insert order number)
Items: (items customer wishes to return)
Customer name: (as indicated by customer in the order)
Billing Address: (as indicated by customer in the order)
Shipping Address: (as indicated by customer in the order)
Signature: (only if sent in paper form)
Date: (insert date of sending)
- To comply with the term date, the customer’s communication needs to be sent before the end of the term.
- If the customer decides to notify WEEROES via email, WEEROES shall send a confirmation notice of its correct reception within 24 hours. If customer does not receive such confirmation, we recommend they contact WEEROES immediately at telephone (+34) 656 515 146.
- In case of withdrawal by the customer, all payments shall be returned without delay and in any case within 14 days of WEEROES receiving the customer’s notification.
- When possible, refund shall be made by the same method used in the initial transaction.
- Customer shall return the items via registered mail without undue delay and in any case within 14 calendar days of sending WEEROES the notification of withdrawal to the following address:
Rua Joaquim Dias Salgueiro, n º 130-180, ARM. D
4470-777 Vila Nova da Telha, Maia
- The costs of returning the items are borne by the customer.
- Refund shall be withheld until the items are received by WEEROES or until the costumer presents adequate proof of its return.
- To return any product, these three conditions must be complied with:
- Send it properly protected in or with its original packaging
- Send it untarnished, in perfect condition for later sale and retaining its labelling
- Send a copy of the delivery note inside the package, with the returned products marked.
- The customer shall only be liable for the loss of value resulting from undue manipulation required to establish the nature, characteristics and working of the goods.
- If the return cannot be accepted due to its lack of conformity with the conditions stated above, the customer will not be entitled to receive the refund of the amounts corresponding to the returned products.
- Each product presented in the online store is accompanied by a detailed description of its main features. While WEEROES puts the utmost care in the description of its products, images and colours of the products put on sale could, however, not accurately reflect reality, due to the manual nature of the production of WEEROES products, the specific characteristics of the Internet browser; the screen used by the customer or others.
- WEEROES guarantees products acquired on its website for a period of one year from the date of delivery against any defect, hidden defects or faults of conformity, that make them dangerous under their normal use.
- The warranty does not include deficiencies caused by negligence, shock, misuse or tampering.
- To make use of the warranty, the customer must contact WEEROES customer service directly.
- WEEROES can give discount codes to potential customers, hereinafter “coupons”
- Only one coupon can be used in each order at the time the order is made, never retroactively.
- Coupons may not be redeemed in cash or accrue interest.
- Coupons may have valid end dates.
- Coupons are personal and non-transferrable to third parties.
- Coupons may be changed or cancelled at WEEROES’s discretion.
- WEEROES will maintain the customer data necessary for the formalization of the purchase contract and on the basis of legal and regulatory obligations.
- To create a customer account, the customer must provide essential data such as first name, surname, email, shipping address and contact telephone. The decision to receive our communications is optional and has separate terms and conditions.
- WEEROES uses Google analytics or other similar applications for web site usage analysis. This generates analysis and anonymized diagrams. Google Analytics is used purely for the purposes of WEEROES market analysis and for anonymized marketing initiatives in order to adapt the design and use of the website in an optimal way in terms of customer’s requirements.
- No personal data will be transferred to third parties without the knowledge of the customer, except for the data to be transmitted in order to comply with the objectives of this contract, among which to execute orders, manage and control payments, perform credit checks and perform statistical analyses.
- Customer data may be changed at any time by contacting firstname.lastname@example.org except to the extent required by law and regulations.
- The information we receive from our customers helps us continually improve their shopping experience and create an individual and friendly experience. Both customer-transmitted information and automatically generated information are used to design information that is relevant to the customer and their interests. For this purpose we use the existing information, such as, among others, the delivery of e-mail and reading receipts, information about the computer and the Internet connection, operating system and platform, your order history, your Service History, date and time of the visit to the website, and the products you have seen, among others. The analysis and evaluation of this information allows us to improve our website and the Internet offer, and send you personalized information. This means information that recommends products or activities that may actually be of interest to the customer. Our goal is to make our information more useful and interesting to the customer, so the evaluation and analysis of the annonymised data compiled from customer It helps us avoid sending you arbitrary information. Rather, we will send you information, such as communications or product recommendations and activities by email or regular mail that match your areas of interest. For this purpose also, for example, we compared emails that the customer opens to avoid sending unnecessary emails.
- In case of force majeure, WEEROES may limit its’ obligations, insofar that the contract can be partial or completely cancelled by the part that alleges force majeure. Force majeure includes, but is not limited to, war, revolutions, strikes, government measures, lockout, embargoes, essential supply failures, telephone and Internet, disasters and natural events or similar.
- In case such situations occur, WEEROES will attempt within reason to comply with its obligations, but never to its loss.
CHANGES TO CONTRACT TERMS AND CONDITIONS
- WEEROES can change these terms and conditions freely.
- Main address: Calle Santa Engracia 122 5 A, 28003 Madrid, Spain
- Customer service mail: email@example.com
APPLICABLE LEGAL FORUM
- The general terms and conditions of sale herein are subject to Spanish law.
- In case of disagreement on the interpretation, execution or validity of these general conditions of sale, the courts of Madrid, Spain will have jurisdiction.
- The parties agree on Arbitration in Madrid instead of pursuing judicial actions, except if the dispute is based on events bared by law from arbitration.
- The annulment or change imposed by authorities to the clauses of the contract will affect only those clauses, being that the rest of clauses maintain their effectiveness and may be adapted to fit the relevant ruling.