TERMS AND LEGAL CONDITIONS OF USE
PURPOSE AND OVERVIEW
Through its website, WEAR AND FUN, SCP provides information about its products as well as the chance of getting them. The online access and use of its website as well as the purchase of the products mean the reading, understanding and approval of this General Conditions of Use.
Due to the content and purpose of the website, people who want to benefit from its services must fill in the registration form in order to acquire the status of “Customer”.
The physical or legal people who access web pages on the website which do not require to register or who not start the purchase of a product will be considered to be “Users”. In this way, the Users accept to be subjected to the terms and conditions gathered in this General Conditions, inasmuch as they can apply them.
WEAR AND FUN, SCP wants to make its Customers and Users aware of the fact that the website is exclusively aimed at a full age audience.
In the event of being declared void any of the Conditions of Use herein, the rest of clauses will be still in force.
The right to modify at any time the presentation and configuration of the website, as well as the General Conditions is reserved by WEAR AND FUN, SCP. Therefore, it is recommended to all Customers and Users to read them carefully every time they access to wearandfun.com. They will have access to them in a visible place and freely available to as many queries as they want to make. Anyway, the approval of the Conditions of Use will be an indispensable previous step to the acquisition of any product available on the website.
The Conditions of Use herein are ruled in accordance with the Spanish law in force. In order to solve any conflict or polemic arising from the Conditions of Use herein, the parties are subjected to jurisdiction in Barcelona’s courts.
CONTACT: For any question or suggestion, send us your comments through email: email@example.com
1.1.The right to decide in every moment the products that wearandfun.com offers and therefore to add or remove any product from the online store is reserved by WEAR AND FUN, SCP.
The descriptions and characteristics of the products displayed at wearandfun.com are carried out according to the information provided by the distributors of WEAR AND FUN, SCP. Due to either the existence of different Internet browsers or the characteristics of the screen used, the pictures and colours of the products in sale may, in some cases, not fit reality faithfully.
1.2. The amount of available units is up-dated according to stock and our distributors’ availability. In no case more units than the ones that the distributor can provide will be offer for sale on purpose.
However, if the product is not available after having completed the order due to reasons out of our control, the Customer will be informed by email about the total or partial cancellation of the same. If, consequently, the Customer wants to return the product, it should be done as provided in the section Returns.
1.3. All the prices of the products displayed on the website include the VAT as well as the rest of corresponding taxes. However, the prices do not include the shipping fee, which is separately detailed and must be accepted by the Customer.
2.2 The shipping fee will be added to the total price displayed on the website for each of the products. Anyway, the Customer will be duly informed of such fees before completing the purchase.
2.3 The Customer agrees pay the amount of money requested at the time of purchase. The shipping will not be processed until WEAR AND FUN, SCP receives the whole payment.
2.4 The Customer should pay the amount of money in accordance with his order through a Spanish credit or debit card (Visa, Mastercard, Visa Electrón, and/or others similar cards), or through the platform Paypal. The payment with credit card is carried out through the bank Banco Sabadell with its security protocol.
WEAR AND FUN, SCP has the proper security measures available in the industry. Moreover, the payment process works on a secure server making use of the SSL protocol (Secure Socket Layer). In this way it guarantees that:
2.5 Once completed the purchase, meaning the acceptation of the Conditions of Use and the confirmation of the purchase process, WEAR AND FUN, SCP will always send an email to the Customer confirming the purchase details.
The ticket or receipt corresponding to the purchase will be available and displayed on the section “My account”, “Orders” in wearandfun.com.
2.6 WEAR AND FUN, SCP will accept the cancellation on orders provided they are requested before the shipping of the same. You must request the cancellation through the form “Customer service” or sending an email to firstname.lastname@example.org.
4.1 All the products sold at wearandfun.com can be returned and refunded, as long as the Customer communicates WEAR AND FUN, SCP his/her intention to return the products acquired within maximum of 14 working days after the date of reception through the email email@example.com (or chose the option returns on the webpage) and as long as they comply with the following requirements:
a) The product must be in the same condition as it was delivered and unused.
b) The shipping must be done using the same packing and keeping the original label. In the absence of it, it will be delivered in a similar protective case.
c) It must include a copy of the shipping note inside the parcel, where the Customer must also write down the products he/she is returning and the reason why.
4.2. If the reason for returning is attributable to WEAR AND FUN, SCP (the product is defective, is not the one ordered, etc.), the amount of money will be refunded. If the reason is other (the products were properly shipped but they do not satisfy the customer), the amount will be charged to the customer.
As soon as we receive the return, the amount will be refunded after checking that the products purchased are in the proper correct conditions as previously provided. The shipping fees only will be charged to WEAR AND FUN, SCP when the return is caused because the product is defective or wrong. The partial returns and cancellations will lead to partial refunds.
4.3. WEAR AND FUN, SCP does not admit products’ exchange. If the Customer wants to exchange a product, he/she must return his/her purchase asking for a refund (according to the returns policy) and make a new order.
4.4. WEAR AND FUN, SCP does not accept any liability for the improper use on the sold products. We always check carefully our products, one by one, before shipping them in order to ensure their quality.
5 PRODUCTS’ GUARANTEE
5.1. Wearandfun.com site acts as a distributor of the products belonging to the provider WEAR AND FUN, SCP. In this way, the maker of such products is the person who guarantees that the sold products do not present any defect or latent defects, making them dangerous or inadequate for their normal use.
The contractual guarantee that the makers provide is the one in accordance with the current legislation.
In the event of detecting any kind of anomaly, defect or irregularity, the user should contact WEAR AND FUN, SCP.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1. The brands, trade names, pictures, contents or distinctive signs of any type and any format displayed at wearandfun.com are owned by WEAR AND FUN, SCP or by third parties that have been authorised. Therefore, they are protected by copyright and other rights to intellectual property.
The unauthorized use of the information held on this website, as well as the infringement of the rights of Intellectual or Industrial Property of WEAR AND FUN, SCP or third parties that have transferred contents, will give rise to the provided legal liabilities.
The use or access to the website does not assign to the Customer or User the right to explode such contents, especially the rights of reproduction, distribution, public communication and transformation.
7. NOTICE ON THE CONTENTS AND LINKS
7.1. WEAR AND FUN, SCP has taken the appropriate measures and precautions so that its contents are proper, cared and do not content incorrect or outdated information.
7.2. The Customers and Users are entirely responsible for their behaviour when accessing the information on the web or surfing it, as well as after having accessed. Therefore, the Customers and Users are the only ones responsible to WEAR AND FUN, SCP and third parties for:
1. The consequences arisen from the use, with a view to illegal effects or against the purpose of the present document, any content of the website whether it is made by WEAR AND FUN, SCP and whether it is published on its behalf.
2. The consequences arisen from the improper and detrimental use of the content in the present document against the interest or rights of third parties, or in any way that could damage, disable or deteriorate the website or its services as well as inhibit the common enjoyment by other Users.
7.3. The right to update the contents when convenient, remove them, limit them or inhibit its access temporarily or definitively is reserved by WEAR AND FUN, SCP, as well as the right to deny access to the web to Customers or Users who misuse the contents or violate any of the conditions herein.
7.4. WEAR AND FUN, SCP notifies that it does not guarantee that:
1. The access to either the web or the web links is uninterrupted or error-free.
2. The content of software that the Customers and Users access to through the web or web links is error-free or has any computer virus or other items in the content that may cause disorders in your computer system or in the electronic files stored in your computer, or any other harm.
3. The advantageous use of the information or content provided in this web or web links, from which the Customers and Users may benefit for personal purposes.
7.5. The online store wearandfun.com may content hyperlinks (known as “links”) to other websites whose main purpose is to help the users during their browse and navigation, as well as to fasten the hypertext connexion to other websites. The activation of the links does not mean a recommendation or suggestion by WEAR AND FUN, SCP about the access to these websites or the navigation on them, as well as no guarantee about their contents, services or goods that provide and sell to the Users of the Internet, as such contents and websites do not depend on WEAR AND FUN, SCP.
8. OUR LIABILITY
8.1. WEAR AND FUN, SCP does not the responsibility arisen, including but without limitation, from:
1. The use by the Customers and Users of the contents of this website or web links, whether they are allowed or forbidden, to the violation of the rights on intellectual or industrial property of the web or of the third parties.
2. The possible damages and harm to the Customers and Users caused by a common or uncommon operation of the search tools, the organization or placement of the contents and/or access to the website, and, generally, the mistakes or errors caused during the performance or instrumentation of the technical items that either the website or a programme provides to the User.
3. The contents on the websites that the Customers and Users may access through web links included on the website, whether authorized or not.
4. The acts or omissions by third parties, regardless these third parties may be linked to WEAR AND FUN, SCP by contractual means.
5. The access of minor children to the content on the website, thus being their parents or guardians the ones in charge for exercise control over their children’s or other minors under their charge’s activity. It is also their liability to install any monitoring tool for the use of the Internet aimed at avoiding (i) the access to material or content unsuitable for a child audience, as well as (ii) the sending of personal information without the previous authorization of their parents or guardians.
6. The dialogues and communication taken place during the discussions, forums, chats and online communities organised around the website or web links, and neither therefore will it assume liability for the eventual damages and harm that the Customers and Users may suffer resulting from such dialogues and communications.
8.2. WEAR AND FUN, SCP will not assume liability in no case for:
1. Errors or delays in the access to the website or on the part of the Customer when entering his/her data on the order form, slowness or impossibility of reception by the receivers of the order confirmation as well as any anomaly that can arise as long as such incidences are due to Network failure, fortuitous event, or any other unforeseen conditions out of WEAR AND FUN, SCP’ good faith.
2. Failures or incidences caused by the uncompleted communications, removal or transmissions, thus not guaranteeing that the website’s services are constantly operating.
3. Errors or damages caused to the website by the inefficient or in bad faith use on the part of the Customer.
4. Inoperability or problems with the email address given by the Customer to the sending of the order confirmation.
5. In any case, WEAR AND FUN, SCP commits to solve the problems arisen and to provide the required support to the Customer in order to come up with a fast and satisfactory solution to the problem.
6. Furthermore, WEAR AND FUN, SCP has the right to carry out advertising campaigns during well-defined time intervals in order to promote the registration of new members in its service. The right to modify the conditions of application of such promotions, prorogue them provided they are duly informed, or exclude any of the participants in the promotion in case any anomaly, abuse or unethical behaviour in their participation is reserved at WEAR AND FUN, SCP.