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General Terms and Conditions

INDEX

  1. APPLICABLE LAW
  2. PURPOSE OF THE AGREEMENT
  3. ALTERATION OF THE GENERAL TERMS AND CONDITIONS
  4. RIGHTS AND OBLIGATIONS OF WINNIE WESTMANN
  5. RIGHTS AND LIABILITIES OF THE CLIENT
  6. LIABILITY
  7. COPYRIGHT
  8. ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION
  9. COMPETENT JURISDICTION AND APPLICABLE LAW
  10. INVALIDITY OF CLAUSES

 

This document sets forth the general terms and conditions for the contractual relationship involving the intermediation in the purchase and sale of the products offered on this website and app, the owner and proprietor of which is F.M.L CAPITAL, SL (“WINNIE WESTMANN”) with registered offices at C/ Valero 10, 2-2, CP: 08021 de Barcelona, Spain, and tax identification number B-09716853, listed on the Companies Register of Barcelona under Volume XXXXX, Folio XX, listing 1 on page XXXXXXXX, and the physical and/or legal persons (hereinafter known as the “CLIENT”) stating that they wish to purchase the products by way of an on-line request via this website.

The request by the CLIENT form the specific terms and conditions to which these terms and conditions are associated, which the CLIENT must accept on line before purchasing the product. The CLIENT is informed of these terms and conditions on this same website so that they may be read, printed, filed and accepted. These general terms and conditions together with the purchase of the Product by the CLIENT imply the execution of the purchase agreement between WINNIE WESTMANN and the CLIENT, who declares to have read, understood and accepted these terms and conditions. The CLIENT may always consult these general terms and conditions on the website. The original language of this Terms and Conditions is English, in case of a translation to other languages the English version will prevail.

  

1. APPLICABLE LAW

These General Terms and Conditions are subject to the provisions of the regulations and laws defending the rights of consumers and users, and those regarding electronic contracts.

 

2. PURPOSE OF THE AGREEMENT

By way of these General Terms and Conditions, WINNIE WESTMANN agrees to provide the CLIENT with the product requested on the website in exchanged for a set price. The CLIENT acknowledges that by submitting the order form, is placing a legally binding purchase, subject to a price, with WINNIE WESTMAN.

By purchasing the Product available on this website, the CLIENT declares:

  1. Whereas he/she is an individual of legal age and with the capacity to enter into this agreement.
  2. Whereas he/she has read and understood and accepts these General Terms and Conditions of Contract.

 

3. ALTERATION OF THE GENERAL TERMS AND CONDITIONS

WINNIE WESTMANN reserves the right to amend these General Terms and Conditions at any time, without having to inform the CLIENT of such in advance. On all accounts, the CLIENT is responsible for reviewing them as a prerequisite to purchasing any product available on this website. The General Terms and Conditions indicated on the website when the CLIENT purchases the Product shall, however, be deemed valid and applicable.

 

4. RIGHTS AND OBLIGATIONS OF WINNIE WESTMANN

4.1. Liability of WINNIE WESTMANN

Under no circumstances shall it be held liable in relation to:

4.1.1. Any errors, delays in access by the CLIENT when entering his/her details or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company. On all accounts, WINNIE WESTMANN agrees to solve any problems that may arise and to offer all necessary support to the CLIENT to find a fast, satisfactory solution to the incident.

4.1.2. Any errors or damage produced due to inefficient and negligent use of the product by the CLIENT.

4.1.3. Non-operability of or problems with the order confirmation e-mail address provided by the CLIENT.

4.2. Right of Withdrawal – Cancellation Return Policy

WINNIE WESTMANN acknowledges the CLIENT’s right of withdrawal under the terms and times set forth in Royal Legislative Decree 1/2007 of 16 November. In this case, WINNIE WESTMANN shall reimburse the CLIENT the full amount paid, excluding any applicable taxes and shipping costs, by the same payment method used by the CLIENT.

The CLIENT has a period of 14 days as of delivery of the product to exercise the right, this date being deemed the date indicated on the delivery document the CLIENT has signed, except where proven otherwise.

In order to exercise this right, the CLIENT must complete the DOCUMENT (download document) created for this purpose and notify WINNIE WESTMANN via hello@winniewestamnn.com indicating the intention to return the item.

WINNIE WESTMANN will organise a pick up with a designated courier and send the details to the CLIENT. The product must be in perfect condition, with all their tags attached and in its original packaging.

Items with signs of use, odors or stains will not be refunded. In all cases, the CLIENT shall pay for all the costs involved in returning the product and for any damage to it as a result of its return.

The right of withdrawal acknowledged in this clause is notwithstanding the exceptions thereto, as established by law. In the terms set forth herein but not limited thereto, he/she may not exercise this right in relation to goods that, by nature, cannot be returned or that may deteriorate, expressly including products that have been customised on request by the consumer. Jewerly, as a pre-order, is a final sale.

4.3. Warranties

4.3.1. WINNIE WESTMANN must deliver the product in perfect condition and remains free from any liability in relation to any tears or defects in the packaging of the Product caused after it has been delivered. In this case, the CLIENT expressly waives the claiming of any contractual or non-contractual liability for any damages or losses.

4.3.2. WINNIE WESTMANN shall be answerable, in accordance with Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws, for compliance of the product at the time of its delivery with these General Terms and Conditions and, more specifically, with the specifications of each product included on the website at the time of its purchase or when it is delivered to the CLIENT. The CLIENT must check that the Product is in perfect condition before signing for delivery of the order. Where approval is given at the time of delivery, both parties shall presume that the product is compliant with these General Terms and Conditions and with its corresponding specifications.

4.4. Time limits

WINNIE WESTMANN is answerable, for a period of three years as of delivery of the Product, for any non-compliance noticed at the time of its delivery in relation to these General Terms and Conditions and to its corresponding specifications.

Where said non-compliance is detected six months after delivery of the Product, the CLIENT must prove that said non-compliance already existed at the time of delivery.

Be aware that care instructions must be followed by the CLIENT. They are specified on a label inside each garment.

4.5. Obligations of WINNIE WESTMANN

Where the CLIENT exercises his/her guarantee right, he/she may choose between having the Product repaired or replaced, except where one of these options is objectively impossible or disproportionate because it involves unreasonable costs for WINNIE WESTMANN. Only where the repair or replacement of the Product is not provided within a reasonable time may the CLIENT demand a reduction in the price or the termination of the Purchase agreement.

 

5. RIGHTS AND LIABILITIES OF THE CLIENT

5.1. Payment

The CLIENT agrees to pay in advance for the product effectively requested, in the amount and manner indicated below:

5.1.1. Amount. - The price of the product purchased by the CLIENT shall be as indicated on the website and is included in the specific request made by the CLIENT at any given time.

These requests shall form the specific terms and conditions of a given order. The prices of the products indicated on the website include EU VAT, the sum of which shall be calculated when the order is placed, as applicable.

The CLIENT may incur extra costs if buying from outside the EU. Contact hello@winniewestmann.com for additional information.

5.1.2. Methods of payment. - The CLIENT must pay the amount corresponding to his/her order by way of:

    • Credit card: by entering his/her details into the virtual POS existing on the website. On accepting this method of payment, the CLIENT confirms to be authorised to use the card in question for this purpose and is the holder thereof. Card payments shall be subject to the provisions of current law regarding payment services, especially with regards to payment orders and the conditions for their renewal.

6. LIABILITY

6.1. Faults or incidents

Under no circumstances shall WINNIE WESTMANN be liable for:

6.1.1.- Any faults or incidents that may arise in communications, deletions or incomplete transmissions that do not guarantee that the website remains constantly operational.

6.1.2.- The producing of any kind of damage that the CLIENT or third parties may cause to the website.

6.2. Suspend access

WINNIE WESTMANN reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until effective liability of any damages arising can be ensured.

Furthermore, WINNIE WESTMANN shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.

 

7. COPYRIGHT

WINNIE WESTMANN hereby indicates that the contents, programming and design of the website are fully protected by copyright, and any reproduction, communication, distribution and transformation of said protected elements is expressly forbidden except where consent is expressly given by WINNIE WESTMANN.

WINNIE WESTMANN may establish links or hyperlinks to articles or information from third parties, and shall always quote the source. The legitimate owner of the copyright to the information included in this manner may request the deletion of said references at any time.

 

8. ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION

Notwithstanding the above, the European Commission provides a platform to resolve on-line disputes, which is available at the following link: http://ec.europa.eu/consumers/odr/ Consumers may subject their claims using the on-line dispute resolution platform.

 

9. COMPETENT JURISDICTION AND APPLICABLE LAW

These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of the agreement to which these General Terms and Conditions are subject.

 

10. INVALIDITY OF CLAUSES

Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions.