PURCHASE CONDITIONS

www.uapco.eu

Uap Company

1. GENERAL INFORMATION

The ownership of this website Uap Company, (hereinafter Website) is held by: , and whose contact details are:

Address: C/ Xaloc nº8, 17142 Verges, Girona

Contact email: hello@uapco.eu

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (Uap Company) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that www.uapco.eu carries out through the Website includes:

Retail sale of fashion products

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of www.uapco.eu. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Using this Website only to make legally valid inquiries and purchases or acquisitions.

Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.

Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The User may, at his/her discretion, formalize with www.uapco.eu the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition procedure of Uap Company, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: «checkout»

Likewise, the User must fill out and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Next, the User will receive an email confirming that www.uapco.eu has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being sent. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User by email and, where appropriate, through his/her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice in paper form, by requesting it from www.uapco.eu using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that placing a purchase or acquisition order materialises full and complete acceptance of the specific conditions of sale applicable to each case.

The communications, purchase orders and payments that occur during transactions carried out on the Website may be archived and kept in the computerised records of www.uapco.eu in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by www.uapco.eu through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or if there are no products in stock, www.uapco.eu undertakes to contact the User and refund any amount that may have been paid as a deposit. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card, and PayPal
www.uapco.eu uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorisations by the bank that issued them. If said bank does not authorise payment, www.uapco.eu will not be liable for any delay or lack of delivery and will not be able to enter into any contract with the User.

Once www.uapco.eu receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the established place.

If the payment method is PayPal, the charge will be made at the time that www.uapco.eu sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on «checkout» the User confirms that the payment method used is his/hers.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula), European Union
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to www.uapco.eu, it is unable to meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If delivery of the order is impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he or she must contact www.uapco.eu to arrange delivery on another day.

If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to www.uapco.eu, www.uapco.eu will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

Any risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when www.uapco.eu receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by www.uapco.eu.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common system of VAT, purchase orders will be located, for delivery and/or provision, in that Member State of the European Union in which the address that appears on the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting www.uapco.eu through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or by using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.

In any case, the User, before clicking on «checkout», has access to the space, cart, or basket where his/her purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner’s Website, they have a series of rights, as listed and described below:

Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website www.uapco.eu or, in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify their decision to www.uapco.eu. You may do so, if applicable, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that www.uapco.eu makes available to him as an annex to these Conditions, however, its use is not obligatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, www.uapco.eu will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which www.uapco.eu is informed of the User’s decision to withdraw.

www.uapco.eu will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, www.uapco.eu may retain said reimbursement until it has received the products or items purchased, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to www.uapco.eu at: C/ Xaloc nº8, 17142 Verges, Girona

And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which www.uapco.eu was informed of the decision to withdraw.

The User acknowledges that he/she is aware that he/she must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, he/she will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that he/she is aware that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, but not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by www.uapco.eu, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or shipping errors
This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact www.uapco.eu immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, replacement of the same is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that a refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be in accordance with.

Guarantees
The User, as a consumer and user, enjoys guarantees on the products that he or she may purchase through this Website, in the terms legally established for each type of product, with www.uapco.eu being responsible, therefore, for any lack of conformity thereof that becomes apparent within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by www.uapco.eu and possess the qualities presented therein; They are suitable for the uses to which products of the same type are normally intended; and they present the quality and performance that are usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he or she also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal guarantee right directly against them during the two years following the delivery of said products. To do so, the User must have kept all information regarding the warranty of the products.

9. DISCLAIMER

Unless otherwise provided by law, www.uapco.eu shall not accept any liability for the following losses, regardless of their origin:

any losses which were not attributable to any breach on its part;

business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between the parties.

Likewise, www.uapco.eu also limits its liability in the following cases:

www.uapco.eu takes all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this nature. www.uapco.eu will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, roadblocks, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.
Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. www.uapco.eu uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
www.uapco.eu will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, www.uapco.eu will not be held responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, www.uapco.eu will not be held responsible for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other protest measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and www.uapco.eu will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. www.uapco.eu will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with www.uapco.eu will be electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that www.uapco.eu sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with www.uapco.eu through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, www.uapco.eu may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by www.uapco.eu of any specific right or legal action or the failure of www.uapco.eu to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by www.uapco.eu of any of these Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and www.uapco.eu in relation to the subject matter of the sale and replace any other previous agreement, agreement or promise agreed verbally or in writing by the same parties.

The User and www.uapco.eu acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to www.uapco.eu in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between www.uapco.eu and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send www.uapco.eu their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, www.uapco.eu has official complaint forms available to consumers and users, which they may request from www.uapco.eu at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between www.uapco.eu and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes for consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.