1.- Prior information
These Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) shall govern the purchase and sale of the products that AGILE BRAND, S.L. (hereinafter, “WUEPS”) markets through its website https://www.wueps.com/ (hereinafter, the “Website”).
The details of WUEPS are as follow:
• Company name: AGILE BRAND, S.L.
• Adress: Isabel Colbrand 10, Planta 5, Ofic. 151. Las Tablas, 28050, Madrid.
• Tax Identification Number: B02713063
• Telephone:: +34 914 35 80 23
• Whatsapp:+34 683 61 60 80
• Contact email: firstname.lastname@example.org
2.- Acceptance of the Terms and Conditions of Use and access to the Website
By using the services of the Website, the user accepts these Terms and Conditions, which define the rights and obligations of the WUEPS Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice that for certain services there may be particular conditions) and to the contracting of orders through the Website and replace any other conditions.
We call “Users” of the Web Site to any person registered or using the Web Site. Any person may register or use the Website provided that they agree to the Terms and Conditions together with all other policies and principles governing the Platform as set out below.
The Services provided on this Website are governed by: (i)these Terms and Conditions; (ii) Particular Conditions that may be published on the Website (iii) current and applicable laws, industry regulations and general criteria and practices.
User registration is not required to access the Website. However, in order to purchase any of the products offered by WUEPS, the registration of users and prior verification and acceptance by WUEPS, in accordance with these conditions will be required prior to the formalization of the corresponding order.
3.- Acceptance of the Particular Conditions
Access to certain content and the use of services may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these Terms and Conditions and, in case of contradiction, the terms of the special conditions will prevail over the Terms and Conditions.
Before using, and/or requesting such specific services offered through the WUEPS Website, Users must carefully read the particular conditions created, as the case may be, for this purpose by WUEPS. The use, reservation and/or request of said specific services implies the acceptance of the Terms and Conditions that regulate them in the version published by WUEPS at the time of said use, reservation and/or contracting through the Website.
This Website has been developed by WUEPS with the purpose of offering users the purchase of articles and product equipment for sports training, yoga, pilates or similar (hereinafter, the “Products”).
At the time of choosing the WUEPS Products, the user must choose the corresponding Product available on the Website. One of the objects of these general conditions is to regulate the sale of these Products to users.
5.- User Account.
The Website offers Users the possibility of creating an account through an online form that must be completed with the data required therein.
The Users will have full responsibility for the use of their User account. Consequently, the Users are responsible for the proper custody and confidentiality of the Username and/or passwords, as well as all data that allow access to their account, and undertake not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties.
By virtue of the foregoing, Users must immediately notify WUEPS by e-mail at email@example.com of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorized access thereto, so that WUEPS may proceed to cancel, block and/or disable them as soon as it becomes aware of the improper use of their User Account. As long as such facts are not communicated, WUEPS will be exempt from any liability that may arise from the misuse of the Usernames or passwords by unauthorized third parties.
6.- Use of the Website
Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
WUEPS reserves the right to terminate the membership of those Users who are misusing their account, carrying out fraudulent acts or who damage or could damage WUEPS.
In the event that WUEPS detects any anomaly or there are reasonable grounds that a User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, WUEPS reserves the right to terminate such User, including all those Users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may apply. In this sense, WUEPS declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter the general conditions of use of the account by users.
7.-Orders and conditions of sale
WUEPS WUEPS orders for entire territory of the European Union and other countries indicated on the Website[CM1]
To make a purchase, Users must complete the purchase form on the Website or through the User account to make the purchase.
The User may cancel the order at no additional cost as long as it has not been invoiced and shipped by the carrier. If it has left the WUEPS facilities, the User may reject it to the carrier and must assume the transport costs that have arisen.
The Website makes available to Users the purchase of the Products offered therein:
· Purchase of Products in Stock: EThe Website will indicate those Products that are available in Stock, and therefore Users can purchase them at the time they wish to buy them. Adding an item to the shopping cart does not guarantee that it will be reserved for the User, as other Users may have purchased it while browsing the Website. Only when the payment process has been completed, the product is effectively reserved for the User.o:p>
· Purchase of products out of stock:: The Website will indicate the Products that are out of stock, and will offer the User the possibility, if he/she wishes, to be informed when the Products are available, or to reserve the same so that he/she can proceed with the purchase. [CM2]
In no event shall WUEPS intentionally offer for sale more units than it has available. However, in the event that the Product is not available after the order has been placed, the User will be informed of the period within which he/she may receive the products, offering him/her the possibility of delaying delivery or replacing the Product with a similar one, or failing that, refunding the amount paid. In case of accepting a similar product, WUEPS will bear the costs of shipping the Products and, where appropriate, the return of the same.
8.- Prices and method of payment
All prices of the Products indicated through the Website are expressed in Euros and as follows:
- For shipments within the European Union, prices include VAT and other taxes that may apply. The amount of such tax will be deducted from the total in the event that the shipment of the Products is made to areas exempt from VAT or the User is liable to VIES.
The User may deduct VAT if he/she is a foreigner and provided that the order includes(i) passport o ID, (ii) address, (iii) telephone number, (iv) birthdate and (v) country of residence.
- For shipments outside the European Union, Canary Islands, Ceuta and Melilla, prices do not include VAT or IGIC. It will be the User the one who must pay the corresponding tax, as well as the import taxes or the taxes on management of customs procedures that correspond.
The User will be the one who must be informed of the possible variations that exist in the payment of these customs taxes since they will be different according to the destination.[CM3]
The cost of shipping is not included in the price of the Products. Prior to the purchase of the Product, the User will be informed of the exact shipping cost which will vary depending on the volume and weight of the Products.
In the event that in a return the User does not take care of the Customs costs, they will be borne by WUEPS, so it will be deducted from the total amount of the return of the Products to the User. This shall also apply to transportation costs incurred in shipping and return.
The User may pay the amount corresponding to his order by the means of payment accepted on the Website:
- Payment by credit or debit card: If the User chooses this method of payment, the order cannot be taken into account and will not be processed until the payment has been authorized by the corresponding bank or cashier. Online payment by credit card is made through the “Redsys” security system, which encrypts your bank details when they are transmitted over the Internet. For security reasons, WUEPS verifies all orders paid by credit card. American Express, Maestro and any Visa and Mastercard cards registered in the Verified by Visa secure payment system are accepted. In addition, for any order whose amount exceeds a scale set by WUEPS, the User will be asked for an identity document and a proof of address to be sent by email to be indicated in due course.
- Payment through PayPal: The User will be able to pay quickly and securely with his PayPal account or with his credit or debit card, without sharing financial information with WUEPS. PayPal automatically encrypts confidential data with the help of the best technologies available in the market.
Payment by PayPal includes a 2% fee on the total cost of the order.
- Payment by bank transfer: The User must make the transfer to the account that will be indicated in due course. At the end of the order, the User will receive an automatic email from WUEPS, with the details of the bank account where the payment has to be made.
IMPORTANT: As concept of the transfer you must indicate the reference that will be indicated at the end of the order. In case of not having indicated this reference, the order will be cancelled and the money will be returned to the User after 7 days.
IMPORTANT: For payments by bank transfer, the products will not be reserved until the payment is received in the WUEPS bank account.
Once the purchase is completed by the User, WUEPS will send an email to the User, confirming the details of the purchase made. Said email will assign a reference code of the purchase, and will detail the characteristics of the Product, its price, shipping costs and the details of the option chosen to make the payment of the Products purchased, as well as the corresponding invoice or receipt once the order has been formalized, i.e., after acceptance of these Terms and Conditions and the corresponding payment.
The User may also request a paper invoice for the Products purchased.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify WUEPS of any undue or fraudulent charge in the payment method used for the purchases, by sending an email to firstname.lastname@example.org , as soon as possible so that WUEPS can take the appropriate steps.
9.-Delays, place of delivery and losses
9.1. Delivery of the Product
The User will receive the Product at the postal address provided in the purchase process.
WUEPS undertakes to deliver the Product in perfect condition to the postal address provided by the User. In order to optimize the delivery, we thank the User to indicate an address to which the order can be delivered during normal business hours.
WUEPS shall not be liable for any errors caused in the delivery when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, WUEPS undertakes to adopt such measures as are within its power, so that the delivery of orders can be made within the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
In the event that, at the time of delivery of the Products, no one could receive them at the delivery address provided by the User, a new delivery will be attempted.
If, in case of a new delivery attempt, the delivery could not be made because the recipient is absent, the shipment is refused or any other similar reason, the products will be returned to WUEPS and the amount thereof will be refunded to the User except for shipping costs.
9.2. Delivery time and notification
The User will receive the Product purchased through the Website within the period indicated in the order itself. The User must take into account that on certain dates and periods of the year (Christmas, Easter, Black Friday, etc.) the delivery time of the shipments could be affected, due to the saturation of the means of transport. Therefore, it is recommended to reserve and / or purchase the items of interest, well in advance to reach their destination on the dates desired by the User.
WUEPS Linforms you that it will not make deliveries on Saturdays and Sundays or on national or community holidays, or on those days that coincide with local holidays that could affect the related transport activities.
As previously mentioned, shipping costs are not included in the price of the Products. However, the User will be informed prior to the purchase of the Product..
9.3. Diligence in delivery
The User must check the good condition of the package with the carrier that delivers the Product ordered.
If the User detects any anomaly in the Product, he/she must indicate it on the delivery note and, in turn, communicate it toWUEPS by e-mail to the following address: email@example.com.
10.-Information on WUEPS Products
The data included on the Website in the descriptions of the Products contain technical descriptions that come from the collaborating companies and manufacturers of the same.
All information on the Website about the Products is accurate, except for typographical errors or omissions.
Therefore, WUEPS undertakes to take all measures within its power to correct as soon as possible the aforementioned errors or omissions after being informed of them and reserves the right to cancel the order and make the refund of the amount that has been charged in that case notifying the User.
11.- Returns and right of withdrawal
11.1. Returns for manufacturing defects on the Product
TAll products offered through the website will be completely original, unless otherwise stated in its description. Also, all of them will have a warranty period of 2 years from receipt of the product, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws that may apply. This guarantee will be provided by the supplier of the product.
Users benefit from the warranty given by the different manufacturers of each of the Products. Defects or flaws due to incorrect use or handling of the material or wear and tear caused by the use of the same, are not included in this warranty. The diminished functionality of the articles, due to the limitations of their design, are also excluded from the coverage of this warranty..
During the warranty period, the User may return to WUEPS, free of charge, any product that presents a manufacturing defect. To formalize the return, the User must contact WUEPS by sending an email to the address firstname.lastname@example.org, indicating the product or products to be returned and a detailed list of the defects found in them. Upon receipt of such communication, the WUEPS customer service team will arrange the collection of the defective product for shipment to its warehouses, at no cost to the User.
In case of defective product, WUEPS will proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free of charge to the User. The User must inform the Seller of the lack of conformity within two months of becoming aware of it.
We will carefully examine the returned Product and will inform you by e-mail within a reasonable period of time whether the Product will be refunded or replaced (if applicable). The refund or replacement of the Product will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming Product is appropriate.
The amounts paid for Products that are returned to us because of a defect, where it exists, will be refunded to you in full, including the delivery charges incurred to deliver the product to you and the costs incurred by you in returning the product to us. The refund will be made by the same means of payment that was used to pay for the purchase.
Each Product to be returned must be unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it. If the Product is not returned in its original packaging, WUEPS WUEPS reserves the right to refuse the return.
In any case, the rights recognized by the legislation in force remain unaffected.
11.2. Return Policy: Possibility of exercising the right of withdrawal of the Products
In the event that the User is not satisfied with the Product received in his order, the User, in accordance with the General Law for the defense of Consumers and Users, shall have a period of 14 calendar days to return it, without penalty and without having to indicate the reasons.
In any case, the User may return the Product(s) within 30 days of receipt thereof.
The User at the time of returning the Product shall bear the direct cost of returning the order.
To formalize the return, the User may complete the Withdrawal Form, and send it by mail to AGILE BRAND S.L., Calle Isabel Colbrand, 10, floor 5, office 15, 28050, Madrid. The corresponding form, which accompanies these Terms and Conditions, is attached asANEXO 1.
CEach Product to be returned must be in perfect condition, unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it, as well as including the duly completed return form and a copy of the delivery note or invoice. If the Product is not returned in its original packaging, WUEPS reserves the right to refuse the return.
Upon receipt of the Product WUEPS will proceed to refund the amounts paid as soon as possible and, in any case, within 14 calendar days of receipt of the Product in the warehouses of WUEPS
12.- Intellectual Property
12.1 Intellectual and Industrial Property relating to the Website.
All rights over the content, design and source code of this Website and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by WUEPS, or by third parties who have expressly authorized WUEPS to use them on its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject, as well as Law 17/2001, of December 7, 2001 on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, in any support and by any technical means, unless expressly authorized in writing by WUEPS.
WUEPS does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, license or total or partial transfer of such rights by WUEPS.
Any use of these contents not previously authorized by WUEPS will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established liabilities.
13.- Exclusion of liability
WWUEPS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the contents of the Website. Among others, and by way of example and not limitation, is responsible for the following circumstances:
i. Manufacturing defects in the Products purchased by the Users.
ii. The lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
iii. The lack of usefulness of the Website or the contents for any service.
iv. For the content of other Internet pages to which links or links placed on the Web Site may be directed.
v. For the existence of viruses, malicious or harmful programs on the Web Site.
vi. The illicit, negligent, fraudulent use, contrary to these Conditions or to good faith, of the Website or its contents, by the Users, including any infringement of the Intellectual and/or Industrial Property rights of WUEPS or third parties.
vii. Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Website.
viii. For the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions of Purchase, the applicable legislation or the rights of third parties.
ix. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a result of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of WUEPS that prevent the normal use of the Website.
The Website may contain hyperlinks that allow the User to access third party websites. WUEPS assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by WUEPS, and which in no case imply any relationship, acceptance or endorsement between WUEPS and the persons or entities owning such content or the owners of the sites where they are located.
15.- Dispute resolution
For the resolution of any discrepancy, question or claim arising directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive their own jurisdiction and submit to the jurisdiction of the Courts and Tribunals of the city of the User’s domicile.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, WUEPS informs you that, in case of dispute, Users residing in the European Union may resort to the “Online Platform for Dispute Resolution” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by WUEPS.
The User can access the “Online Platform for Dispute Resolution” through the following link: https://ec.europa.eu/consumers/odr/
WUEPS reserves the right to make as many changes as it deems appropriate in these Terms of Purchase, in which case they will be previously communicated to Users.
These modifications will be valid as soon as they are published on the Website.
17.- Safeguard Clause
All the clauses or ends of these conditions of use must be interpreted independently and autonomously, not being affected the rest of the stipulations in case that one of them has been declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Conditions of Purchase.