The present sale terms (hereinafter, “Sale Terms”) regulate the agreement between the company El Volaoret, S.L., domiciled at Can Rabia, 13 Baixos, 08017 Barcelona, Spain, duly registered with the Commercial Registry of Barcelona (“wetsweets”) and the customer (“Customer”) formalised through the website www.wetsweets.com (the “Website”) for purchasing the products from wetsweets via the Website.
2. CONTRACTING PROCEDURE
2.1. Eligibility to Purchase
In order to place an order through the Website, the Customer must be 18 years or older and be the final consumer. Minors are expressly excluded.
2.2. How to Place an Order
Placing an order through wetsweets Website consists of the following steps:
1. Choose the products that you like and add them to “Your Cart”.
2. Proceed to check out
3. Enter the delivery and billing information.
4. Choose a method of payment and click on “Send Order”. By activating the “Send Order” button on the order form, the Customer fully and without reservation accepts all the Sale Terms as per the Website at the moment of contracting.
5. Make the payment.
6. If the payment is authorised, the Customer will receive confirmation of receipt of the order. With the exception of the circumstances described in Sections 2.3 and 2.4 below, this confirmation constitutes acceptance by wetsweets of the Customer’s order and creates a binding agreement between Customer and wetsweets.
It is recommended that the Customer prints and/or saves a copy of the Sale Terms when placing the order.
A copy of the confirmation of receipt will be sent to the Customer’ e-mail address. It is recommended to print or download the copy for possible future consultation.
wetsweets may change the Sale Terms at any time, without prior notice to the Customer. However, wetsweets will announce such changes on the Website. Also, once the Customer has received confirmation of receipt from wetsweets of his/her order, the Sale Terms applicable to that order will not be changed.
2.3. Availability of Products
The completion of an order through the Website is subject to the availability of the garments. wetsweets attempts to guarantee stock of all garments on sale.
If the product ordered is not available or there is no stock of it, the Customer will be informed by e-mail and refunded the amount paid within 30 days of the payment.
2.4. Wetsweets’ Right to Cancel or Not Accept an Order
wetsweets reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:
· There was a technical or pricing error on the Website at the time the order was placed. Please try again later.
· The ordered product is not available.
· The billing information given was incorrect or unverifiable.
· Security systems indicate that the order is abnormal or may be fraudulent.
· There is a reason to believe that the Customer is under 18 years of age.
· wetsweets has been unable, after 3 attempts, to deliver the order at the address provided.
If an order is cancelled for any of the above reasons, wetsweets will refund (if applicable) thevalue of the order. Delivery expenses are never refunded, except in certain circumstances.
2.5. Verification of Data
Prior to processing an order placed by the Customer, wetsweets may verify the Customer’ data. This may involve verification of the address and solvency of the Customer, and whether fraud is involved. With respect to possible fraud, wetsweets may use partially automatic verification of all purchases in order to filter out those considered abnormal or suspicious and those suspected of fraud. Orders suspected of fraud will be investigated, and the Customer may be reported to the appropriate authorities, which may prosecute.
3. PRICE AND PAYMENT
3.1. Prices and Currency
The prices and offers presented on the Website include Value-Added Tax (“VAT”) and are valid only for orders placed on-line through the Website.
Prices are given in Euros.
3.2. Method of Payment
To pay for the order the Customer may use PayPal or VISA. The charge will be made upon confirmation of the order.
3.3. Changes in Price
The prices shown on the Website are subject to change. wetsweets reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from wetsweets, the price payable in respect of that order will not be changed.
wetsweets informs that despite careful updates of the Website the prices shown may be erroneous. Any prices shown in error will be amended as soon as possible and shall not be binding on wetsweets.
3.4. Value-Added Tax
To comply with current VAT distance selling regulations, deliveries will be assumed to take place in the Member State indicated in the shipping address.
Thus, any purchase made through the Website will be subject to VAT.
Customers outside VAT territories: according to wetsweets VAT policy, customers in these areas purchasing from the Website will be charged VAT when placing an order.
4. TRANSPORT AND DELIVERY
4.1. Delivery: Where and When
The deliveries are made from Monday through Friday. No deliveries are made on weekends or local holidays. The orders can be delivered only to private residences or offices. Deliveries are made during business hours. Thus, to facilitate delivery, the Customers are asked to use their work address or any other address where there might be someone to receive the package.
4.2. Lead Time
Orders are usually delivered within 2 to 8 business days. The delivery schedule is usually met, and although wetsweets cannot guarantee punctuality, all orders are delivered within 30 days from the date of confirmation of receipt of the order, at the latest.
4.3. Verification on Receipt
The Customer must verify the state of the packaging upon delivery. If the package is damaged, the Customer must not accept the delivery. The amount of the purchase and the delivery expenses will be refunded to the Customer once the warehouse has processed the return of the products. wetsweets informs that the delivery must be verified within a reasonable time after receipt. In case no notice of rejection of the products is received within 30 days of delivery, wetsweets will consider the Customer to have accepted the delivery. This does not affect the Customer’ right to return or exchange any order as set out in Section 6 below.
5. DELIVERY EXPENSES
Delivery expenses apply to each order. The exact expenses for each delivery depend on the country of receipt. In no event will orders be sent to areas that require the payment of customs duties.
Delivery charges for wetsweets items are as follows:
Mainland: 6 €
Baleares: 10 €
UE: 15 €
Free delivery expenses for orders bigger than 150€.
6. RETURNS, EXCHANGES, AND CANCELLATIONS
6.1. Return of Non-conforming Products
The Customer has the right to return defective products or non-conforming products. The Customer has 30 days from the moment of detecting product non-conformity to inform wetsweets about the defect or lack of conformity and to return the product to wetsweets.
If the Customer returns a product because it is defective or non-conforming and the return is approved, wetsweets will refund the value of the product and the delivery expenses, as well as the direct costs involved in the return, within thirty (30) days of wetsweets’ receipt of the returned product.
The above is notwithstanding the Customer’ rights as a consumer under mandatory consumer protection law.
6.2. Return of Products for Any Reason (Right of Withdrawal)
If the Customer is not satisfied for any reason with the products purchased, he/she will have 30 calendar days from the delivery date to return the product with no need for an explanation of any kind. The Customer may return the purchased product, provided that:
· The product has not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the product).
· The product is complete (two elements forming a pair must be returned together).
The product must be returned and the Customer must assume the expenses of this return. The products are to be returned with their original packaging and labelling, together with the applicable Returns Note. Upon satisfactory inspection of the returned goods, wetsweet will send to the Customer a shopping voucher of equal value of the product in exchange for the item and a discount voucher for another purchase within thirty (30) days of receiving the order cancellation and product return notification from the Customer. The delivery expenses are never refunded (except in case of incorrect or defective items); the customer will also have to pay for the return expenses.
6.3. Product Exchange
At the moment, products cannot be exchanged. To obtain a product in another colour or size, the Customer must return the original item and place a new order through the wetsweets Website.
6.5. Information on Refunds
The refund will be made in the same manner as the original payment.
wetsweets will not make the refund until receiving the returned product and verifying the condition of the product in the warehouse; once the condition of the returned product has been verified, the Customer will be refunded the relevant amount within thirty (30) days of receipt of the returned product at wetsweets.
7.1. These Sale Terms set out the full extent of wetsweets´s obligations and liabilities in respect of the supply of the products. There are no warranties, conditions or other terms that are binding on wetsweets except as expressly stated in the Sale Terms.
7.2. The maximum aggregate liability of either party to the other on all claims of any kind under or related to these Sale Terms, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, shall be lmited to the amount paid to wetsweets for the product in question.
8. PROTECTION OF PERSONAL DATA
The Customers are informed that their personal data will be included in files under the ownership of wetsweets for commercial purposes, customer relation management advertising and commercial prospecting, including the sending (through post, e-mail, or other electronic means) of commercial messages concerning products, services, offers, promotions, and news concerning wetsweets .
The Customer may exercise the rights of access, rectification or objection to the use of his/her personal data by a written request sent to wetsweets, Can Rabia, 13 baixos, 08017 Barcelona (Spain), or by e-mail to email@example.com. The Customer guarantees the truthfulness and accuracy of the personal data provided to wetsweets.
9. APPLICABLE LEGISLATION
Purchases made through the wetsweets Website and under these Sale Terms are subject to Spanish law.
10. COMPETENT JURISDICTION
Any dispute or discrepancy arising from the application or interpretation of these Sale Terms, as well as the contracts incorporating them, shall be resolved in the courts of the City of Barcelona, Spain, which will have exclusive competence over any other jurisdiction. However, should the Customer have the status of consumer under Spanish Law for the Defense of Consumers and Users, then the competent courts shall be those in the place of residence of the consumer within Spain.
11. CONTACT WITH WETSWEETS
For any question or incident with respect to an order, the Customer may contact wetsweets:
· By telephoning +34 606 869 434 from Monday to Friday (except local holidays) from 10:00 AM to 7:00 PM.
· Through the Contact section of the Website.
· By e-mail, addressing a message to firstname.lastname@example.org.