GENERAL CONDITIONS OF SALE
OBJECT AND GENERALITIES
These General Conditions of Use and Sale regulate the conditions of sale and use of the website www.wearestrap.com (hereinafter, the "Website"), owned by STRAP 33 VALENCIA S.L (hereinafter, "Strap") and the conditions for purchasing products and contracting services offered through the Website (hereinafter "Products" and "Services" respectively).
Wearestrap is a web platform for on-line marketing of Products and Services offered with special prices by STRAP 33 VALENCIA S.L Spanish company, with address at C / Gran Canaria, number 33, 46011 of Valencia. STRAP 33 VALENCIA S.L , is registered in the Mercantile Registry of Valencia, in Volume 9767, Book 7049, Folio 0092, Sheet no. V-158612, inscription 1ª, with CIF number B-98868045.
Strap provides information about Products and Services, owned by Strap and / or third parties, and offers the possibility of its acquisition and contracting through the Website.
The persons who intend to browse the Website, as well as acquire or contract Products or Services must have the status of "" Client "", which is acquired by completing the registration form, accepting these Conditions of Use and Sale, the Policy of privacy and the Policy of cookies and following the steps that Strap subsequently communicates through email.
All Client or User accessing the Website must be over 16 years old with sufficient legal capacity to enter into contracts.
Strap operates through the Website exclusively for the Spanish territory included in the Iberian Peninsula, the Balearic Islands and the Canary Islands (hereinafter, the "Territory"). Strap only sends and distributes the Products in the Territory.
A. Peninsula, Portugal and the Balearics
All our orders are sent by urgent transport and have an average delivery time of between 24 and 48 hours from the reception of the order, provided they are working days and there are no holidays in between.
The reception of orders is made every working day until 17:00 in the afternoon, time limit for the correct preparation and subsequent delivery to our logistics company. All orders received after 5:00 p.m. will be processed the next day.
B. Canary Islands
Shipments to the Canary Islands have a period of approximately 4 or 5 days of delivery. For shipments to the Canary Islands consult price and deadline.
C. International Shipments: Consult us in the mail indicated at the beginning of these Conditions.
INFORMATION ON PRODUCTS AND SERVICES
The descriptions of the Products and Services (as defined below) offered on the Website are made based on the information and documentation provided by Strap's suppliers and collaborators.
The photographs, graphic or iconographic representations and videos related to the Products and Services, as well as trade names, trademarks or distinctive signs of any kind contained in the Website are intended to provide as much information as possible to the Client.
In the event that, due to circumstances of force majeure or due to any incident attributable to Strap, the Product or the Service is not available after the purchase has been made, Strap will inform the Client by email of the total cancellation or, where appropriate, partial order In the case of total cancellation, the total amount of the order will be refunded and in case of partial cancellation, only the price of the Products or Services not available will be reimbursed.
In the event of non-delivery of a Product in orders consisting of sets of Products or complementary products, the customer may return the rest of the products delivered, at no cost.
Some campaigns, due to the nature of the Products, may be subject, in addition to these Conditions of Use and Sale to particular conditions of sale. These particular conditions of sale will always be accessible to the Client in a link in the campaign itself along with the description of the Product.
In this sense, the Client, prior to the purchase of the Product, must accept the particular conditions (including, but not limited to, compliance with any terms and conditions, rates and established reservations).
PRICES OF THE PRODUCTS
The prices of the Products offered through the Website include VAT and any other applicable taxes. However, these prices do not include the shipping costs of the Products. These are detailed in the payment process and must be accepted by the Client at the time of requesting the order.
The information on the price comparisons and discounts applied to the Products that appear on the Website in the purchase process are calculated using the information provided by the Strap suppliers or, where appropriate, using the prices established by Strap in the points of sale.
Strap reserves the right to modify its prices at any time. The Products will be billed at the price in effect at the time of the order registration.
PURCHASE OF PRODUCTS AND FORMALIZATION OF ORDERS
The purchase of products is done following the procedure established in the section "Order Form".
Strap will send to the Customer's email, within twenty-four (24) hours after receipt of the order, an acknowledgment email and confirmation of the purchase made.
When you access our website, you will find the following product categories:
It will be enough then that you click on the one that interests you the most to reach the articles that we offer in each category.
To know the details of the product, click on the "see product" button that appears when you pass the mouse through the photographs of each article. This will take you to a new screen where the specific characteristics of the article are explained.
If you have found the product you want to buy, and after selecting the size and / or color, click on the "Add" button on this screen. Then a box will appear that will allow you to choose between:
See cart / finalize purchase
Therefore, you can choose between processing the purchase of the item, or leave it added in the shopping cart and continue browsing the web to find other products.
If you finally decide to buy the product / s from the basket, you will see that you can acquire it as a registered user (in which case you will have to register or, if you have already done so, use your username and password), or as a guest (for which registration on the page will not be necessary).
If you are registered as a user, or if you have previously purchased, you can use this information again for your new purchase. Otherwise, you will need to provide all this information by filling in the form that appears.
5. Once we have the data, you will have to indicate if you prefer to receive the order in the store or at the address you indicate through a transport agency.
6. Next, you will have to show, through a check box, that you know these General Sales Conditions.
7. Finally, you will choose the mode of payment that is most comfortable for you.
PAYMENT OF PRODUCTS
Payment of the price and shipping costs of the Products purchased through the Website is made at the time of sending to the email of the Client by Strap an email acknowledgment of receipt and confirmation of the purchase made.
The proof of purchase corresponding to the Product order will be available and can be viewed in the "My account: Orders" section.
From this section the Client can also download the invoice of the order. The Customer must pay by credit or debit card Visa, Mastercard, American Express, Visa Electron and / or other similar cards, or through the PayPal system. The card with which the payment is made must have as a issuing financial entity a Spanish bank or savings bank or a branch or financial entity affiliated with a foreign financial entity with an establishment in Spain.
The Client must notify Strap, through the Help section, of any undue or fraudulent charge on the card used for purchases on the Website, in the shortest possible time, so that Strap can take the steps it considers necessary. convenient.
Strap has the highest security measures commercially available in the sector. Also, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the Client's computer and the Website. In this way, using the SSL protocol guarantees:
(i) That the Client is communicating his data to the Strap server center and not to any other.
(ii) That between the Client and the Strap server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
In addition, Strap states that it does not have access to or store sensitive data regarding the means of payment used by the Customer. Only the corresponding payment processing entity has access to these data in the form of payment and collection management. Once the purchase process is finished, an electronic document is generated in which the contract is formalized and the client can print and it is filed in the "My Account: Orders" section.
For its part, Strap, ensuring the safety of its customers and the transactions they make through the Strap website, informs its Clients that it has implemented a program to detect possible fraudulent operations, so Strap reserves the right to request information, confirmations and / or additional documents from Clients, even after having made one or more purchases through the Website, by phone call or email addressed to the number or account provided by the Customer, with the purpose of confirming that the Customer has actually made and authorized said purchase (s) and / or that the delivery or return of the same had been made correctly and thus definitively authorize the respective transaction (s) (s), among which, but not limitatively, Strap may make various verifications on the identity of the Customer by telephone, or request itar: (a) a confirmation and written authorization signed by the Client responsible for the respective purchase (s); and (b) a copy of the official identification in force and with a photograph of the Client to confirm his identity. Strap undertakes to safeguard said information and documents with the highest security measures at its disposal, in terms of the provisions of the Personal Data Protection Act in force.
In the event that the Client does not respond favorably or does not deliver to Strap the documentation and information requested within a period of 48 hours counted from the call or the sending of the electronic mail, the detailed transaction (s) in said communication and the respective order (s) may be canceled automatically, with no need for subsequent notice, nor liability for Strap for Client's security, and Strap will proceed with the automatic refund of the amount (s) paid by the Customer with respect to said purchase (s).
This procedure is for the safety of the Strap Clients and, therefore, the Client, by accepting these Conditions of Use and Sale agrees to submit to the procedure of detection of possible fraudulent operations referred to above, without liability to Strap and in the same way authorizes to Strap so that, once the Client provides the additional information and documents referred to above, these are used for future transactions that the Client himself makes.
CANCELLATION AND EXTENSION OF ORDERS
Clients may cancel or extend orders accepted and confirmed by Strap whenever the campaign in question allows it. This information will be provided to the Customer in the campaign itself.
No cancellations or additions will be accepted if (i) the campaign has ended, (ii) the order is "in preparation" or (iii) in the campaigns with "express" delivery.
If the Client wishes to cancel an order in these cases, he must return it, as indicated below.
In the case of multi-campaign purchases, only all orders can be canceled together if all the campaigns allow it and they remain active in the storefront. If the original campaign is active and it is not an "express" campaign, orders may be extended up to a maximum limit of three (3).
The cost of expanding an order will be specified for each particular case.
To make the cancellation or extension of the order, the Customer must follow the procedure established in the section "My account: Orders". Applications for cancellation or extension of orders via email will not be accepted.
Strap reserves the right to cancel orders in cases and in accordance with the terms and conditions indicated in the "Payment of Products" section of these Conditions of Use and Sale.
DELIVERY OF THE ORDER
(i) Place of delivery:
Strap undertakes to deliver the Product in perfect condition to the address indicated by the Customer and which, in any case, must be included within the Territory. In order to optimize the delivery process, the address indicated by the Customer must be an address in which delivery can be made within normal business hours.
When a Product is not deliverable in the Canary Islands, Clients will be informed in this regard in the campaign itself.
If at the time of delivery of the Product at the address indicated, the Customer is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, after ten (10) calendar days from the date of the notice, the Customer has not contacted the carrier to arrange a new delivery date, the Products will be returned to the Strap warehouses and the Customer must take charge of the shipping and return costs, as well as the possible associated management expenses.
Strap will not be responsible for errors or damages caused in the delivery when the delivery address entered by the Customer does not conform to the place of delivery desired by the Customer.
Strap may make the delivery of the same product order in several deliveries of different dates.
At the time of delivery of the Product order, the Customer must show their identification document to the carrier, sign the delivery note and request a copy of it from the carrier.
(ii) Delivery time
Strap will inform the Customer, before the end of the purchase process, of the delivery time.
Strap does not deliver Products on Saturdays, Sundays, national, regional and local holidays.
Strap will inform the Client, by sending an email to his email, of the date of departure of the Strap warehouses of the corresponding Product order and the contact information of the transport company that will make the delivery. Within a period of twenty-four (24) to forty-eight (48) hours from said date, the Product will be delivered to the address indicated by the Customer, except in cases of force majeure.
The delivery is considered made from the moment in which the Product has been made available to the Customer at the place of delivery indicated by the Customer or at the corresponding Kiala establishment.
ORDERS OF VARIOUS ITEMS WITH DIFFERENT AVAILABILITIES
In this case, the delivery period will be that which corresponds to the longest period. In any case, Strap will be able to break down the order to deliver, in a first shipment, the available articles and, in later ones, those not available. This second shipment would have no additional costs.
RETURN OF PRODUCTS
(i) Right of withdrawal
The Customer will have a maximum period of fourteen (14) calendar days from the delivery of the Product to cancel, totally or partially, the purchase of the Product, in accordance with the applicable legislation.
Once the term of fourteen (14) calendar days has expired, Strap will not accept returns for withdrawal of product purchases.
To facilitate the return process, Strap makes available to the Customer the Returns page with the graphic explanation of the process to be followed to make the return, as well as the link to download the return form. To be able to make a refund, the following requirements must be met:
1) The Product must be in the same state in which it was delivered and must keep the instructions, documentation, accessories and, insofar as possible, its original packaging and labeling.
2) The return to Strap must be done using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the Products in perfect condition.
3) The return form of the Products must be included in the package.
Once the Customer has completed the return procedure, the customer must send the package to the address indicated in the Returns section.
Notwithstanding the foregoing procedure, the Client may also exercise his right of withdrawal through the use of the return form as well as the delivery of the package at any of our physical stores.
Strap will not be responsible for costs and direct expenses incurred by the Customer for those returns of Products in the exercise of the right of withdrawal, therefore the Customer will assume the costs of return shipping.
The product must be delivered in perfect condition, unused and in its original packaging, including warranties, labels and instructions for use.
It is very important that you return the / perfectly packaged products. In case the products are damaged due to improper packaging, we will not accept the return.
Once we receive the merchandise in our warehouses and verify that all the above conditions are met, wearestrap.com will accept the return of the product and will proceed to the reimbursement of its amount according to the modality of payment made, and where appropriate, to the shipment of the new product:
A. If you made the payment by credit card, you will be paid the amount on the same credit card.
B. If you made the payment by transfer, we will ask for an account number where you can pay the amount.
NOTE You will receive the refund of the amount within a maximum period of 14 days from the receipt in our warehouse of the product of exchange or refund. Keep in mind that if you paid by credit card it is probable that your bank does not show you the amount of the refund in your balance until the following month. Note that wearestrap.com does not support shipments due to shipping.
In any case, it should be noted that the product can not be used and then returned based on this right of withdrawal: it is only allowed to test and inspect the purchased items as is customary in a physical store. That is, minimal manipulation.
Therefore, these manipulations and inspections will have to be done with the utmost care.
In any case, it must be taken into account that, if the property is returned after using it more than what would be necessary to determine its nature, characteristics or operation, the client will be responsible for the depreciation of the value that the goods may suffer.
Finally, we will highlight some cases in which there is NO right of withdrawal. Thus, the most relevant assumptions would be those that were designed or made according to consumer specifications and also those that are not suitable to be returned for reasons of health and hygiene protection and that have been unsealed after delivery (for example, swimsuits and underwear, footwear ...).
Steps to follow for changes or returns
1- Get in touch with our customer service department to notify the change or return on the phone: +34 963547354 (hours from 10 to 14 and from 15:30 to 18) or through the email: email@example.com
2- Print and fill out our form in the following link
3- Carefully pack the items exactly as they arrived, and include the form duly completed inside.
4- Send us the package to the address indicated on the form.
5- Once the package has been received and it has been verified that everything is in order, we will proceed to refund your money.
NOTE: The return shipment to our warehouse is the responsibility of the customer, but in case of change, the shipping costs of the new order are not paid.
(ii) Reimbursement of the price of the Products to the Customer
In the event of exercise of the right of withdrawal in section (i), the Customer shall be entitled to reimbursement of the price of the Products returned, in addition to the ordinary shipping costs (the difference between express shipping costs is not included), provided that returned Products are in the same conditions in which they were delivered, have not been used (except for what is necessary to verify their adequacy with the expected), washed, damaged, unsealed or lost before reaching the premises of Strap or have not been fulfilled the requirements established in these Conditions of Use and Sale.
The transportation costs of the return of the Product mentioned in section (i) above will not be reimbursed.
Strap will check the adequacy of the returned Product in its warehouse, reserving the right not to make the refund in case of detecting that the Product purchased and the returned do not match or that the return has not been made in accordance with these Conditions of Use and Sale.
Partial refunds of an order will result in reimbursement of the price and partial shipping costs. The shipping costs will be returned proportionally to the value of the returned product.
Strap will manage the order to return the price and shipping costs through the same payment system used by the Customer for the purchase of the Products, within forty-eight (48) hours from the confirmation of arrival at the warehouse of the returned order. and, in any case, within a period not exceeding the period of 14 calendar days from when the Customer communicated his withdrawal. The application of the return of the price and shipping costs in the Client's account or card will depend on the card and the issuing entity. The term of application of the refund of the price will be up to seven (7) calendar days for the debit cards and up to thirty (30) calendar days for the credit cards.
(iii) Return of defective Products
The Customer shall be entitled to reimbursement of the price, shipping costs and transport costs of the return of the defective Products or of the Products delivered if they do not correspond to the order placed by the Customer, in accordance with the applicable legislation .
In these cases, the return to Strap of the Products may be made in the manner established in section (i) above or by contacting the customer service department in the "Help" section. In the case of return of defective Products, or that do not correspond to the order made by the Customer, Strap will be responsible for transport costs of the return of the Products, as long as the return is made from within the Territory.
GUARANTEE OF THE ACQUIRED PRODUCTS
The Products have the legal guarantee for lack of conformity of the same that is manifested in a period of two (2) years from the date of delivery and in accordance with the provisions of the applicable regulations. The Client must inform Strap of the lack of conformity within two (2) months after he became aware of it.
The guarantee offered corresponds to that established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
The duration and form of exercise of said guarantees are clearly detailed in the descriptive sheet of the Products.
The warranty does not include deficiencies caused by negligence, beatings, use or undue manipulation.
Among other assumptions, the Client will not have the right to exercise the guarantee of the Products and, consequently, the guarantee will not be applicable:
a) if any of the data of the guarantee of the Products provided or the proof of purchase of the Products are modified, altered or replaced.
b) if the identification number is manipulated or repaired as well as the guaranteed Product without knowledge and authorization of the technical service or the company issuing the guarantee.
c) if it lacks proof of purchase of the Products. To make use of the guarantee, it is essential to keep the proof of purchase of the Products.
In the event that the manufacturer grants additional commercial guarantees, for its exercise, it will be necessary to keep the corresponding guarantee certificate.
The Customer must follow, at all times, the information leaflet of the brand and the instructions for the correct use and installation of the Product and all the information on the guarantee.
The Client may exercise the guarantee of a Product according to the current regulations on the guarantee of consumer products. In case of doubt, the Client can contact Strap through the forms provided on the Website to receive help on the steps to be followed and the information necessary for the presentation of the relevant claims.
In relation to Products of a lasting nature, Strap will provide the Customer with all the information related to the after-sales service of the supplier.
INTELLECTUAL AND INDUSTRIAL PROPERTY
"Strap" is a registered trademark, so it is expressly forbidden for a third party to use it or any similar identifying sign that could lead to confusion about its origin or ownership without prior written authorization from STRAP33 VALENCIA, S.L.
The websites "www.wearestrap.es" and "www.Strap.es" are domains registered by STRAP33 VALENCIA, S.L. These domains and the "Strap" brand can not be used, except with the express written authorization of Strap, in connection with other Products or Services that are not of STRAP33 VALENCIA, S.L. in any way that could cause confusion among our clients or discredit STRAP33 VALENCIA, S.L.
Strap holds all rights to the content, design and source code of the Website and, in particular, but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included in it. the website.
Likewise, and without prejudice to the foregoing, the content of this Website is also considered to be a computer program, and therefore, all Spanish and European Community regulations in force on the subject also apply.
It is expressly forbidden the total or partial reproduction of this Web Site, not even by means of a hyperlink, nor of any of its contents, without the prior express written authorization of Strap.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that involves an infringement of the current Spanish and / or international regulations in the matter of intellectual and / or industrial property, is totally forbidden. as the use of the contents of the website if it is not with the prior express written authorization of Strap.
Strap informs that it does not grant license or express or implicit authorization whatsoever on the rights of intellectual and / or industrial property or on any other right or property related, directly or indirectly, with the contents included in the Web Site.
RESPONSIBILITY OF STRAP
Notwithstanding the provisions of the applicable regulations, Strap's liability in relation to the Products acquired through the Website will be limited to the price of acquisition of said Products.
Strap does not assume any responsibility derived, by way of example but not limited to:
a) The use that Clients or Users may make of the materials of the Website or link websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the contents of the website or third parties.
b) Any damages caused to Clients or Users as a result of normal or abnormal functioning of the search tools, of the organization or location of the contents and / or access to the Website and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Website or a program facilitates to the Client or User.
c) The contents of those pages that Clients or Users can access from links included in the Website, whether authorized or not.
d) Of the acts or omissions of third parties, regardless of whether these third parties could be linked to Strap by contractual means.
e) The access of minors to the contents included in the web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install some of the control tools of the use of Internet in order to prevent access to materials or contents not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
f) Errors or delays in accessing the Website by the Client when entering their data in the Order Form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise. arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unpredictable contingency beyond the good faith of Strap.
g) Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the Website is constantly operational.
h) Of the errors or damages produced to the Web Site by an inefficient use and in bad faith by the Client or User.
i) Non-operability or problems in the email address provided by the Customer to send the order confirmation.
Strap is committed to solving the problems that may arise and to offer all the necessary support to the Client to arrive at a quick and satisfactory solution of the incidents that may arise in the Website.
Likewise, Strap has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. Strap reserves the right, always in compliance with the applicable regulations, to modify the conditions of application of the promotions, to extend them by duly communicating it, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in their participation (such as mass purchases, commercial activities, fraudulent activity, among others).
MODIFICATION OF THE CONDITIONS OF USE AND SALE
COMMUNICATIONS BETWEEN STRAP AND THE CUSTOMER
In addition to the "Help" section, Strap also makes available to the customer the contact email atencionalcliente@Strap.com.
The customer may also send physical communications to Strap provided they are sent to the Strap address indicated in Clause 1 above and are made in writing and through a system that allows the content and receipt by Strap to be accredited. communication.
INTEGRITY OF THE CONDITIONS OF USE AND SALE
APPLICABLE LAW AND JURISDICTION
Finally, we remind customers that if they wish to submit a claim for any incident in the contractual relationship they can submit the timely claim by filling out the following electronic form: http: //ec.europa.eu/consumers/odr/