The website www.woodyseyewear.com (hereinafter, the "Website") is the property of WOODYS BCN S.L., hereinafter the Controller, with Tax ID Number B66156464, located at c/Francesc Santcliment 12A, 08500 Vic (Barcelona), registered in the Company Register, volume 44027, folio 186, page B-444962. CustomeR Service Tel:(+34) 938869110 Email: marketing@woodyseyewear.com WOODYS BCN S.L welcomes you and invites you to read the Terms of Use of this Website carefully (hereinafter “Terms of Use”), which describe the terms and conditions that will be applicable to your browsing thereof, in accordance with the provisions of the applicable Spanish legislation. Seeing how www.woodyseyewear.com may modify these Terms of Use in the future, we recommend that you visit them periodically in order to be duly informed of any changes made to them. With the intention of having the Website comply with the criteria of transparency, clarity and simplicity, www.woodyseyewear.comrecommends that the User try to resolve any suggestion, question or query that they might have about the Terms of Use by contacting WOODYS BCN S.L. by telephone (+34) 938869110 or by email at: marketing@woodyseyewear.com.
1. PURPOSE
WOODYS BCN S.L. provides the content and services that are available on the Website and are subject to these Terms of Use, as well as the policy on the processing of personal data (hereinafter, “Privacy and Data Protection Policy”). Access to this Website or its use in any way gives you the status of User and implies the full acceptance of each and every one of these Terms of Use, with www.woodyseyewear.com reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the Terms of Use in force on each of the occasions that they access this website; therefore, if you do not agree with any of those herein provided, you must refrain from using this Website. Likewise, you are warned that, on occasion, special conditions may be established for the use of specific content and/or services on the Website, and the use of said content or services will imply the acceptance of the special conditions specified therein. In accordance with the recent European Regulation on Data Protection, REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL that tries to ensures the confidentiality and security of your personal data, it is important that you read, on this or other web pages where you leave your personal data, the Basic Information that we provide in the website’s Privacy Policy and in section 8 of these Terms of Use. You must also know that leaving your data does not attribute or confirm, nullify, legitimise or perfect any contractual relationship with our company; unless you make a formal request by registering as a User, or by signing up as a Guest. Both the former and the latter will be responsible for ensuring the data provided is accurate and up to date, Art 5. GDPR.
2. SERVICES
DISTANCE SELLING CONTRACTS The purpose of this contract is to regulate the provision of services offered through this Website and, specifically, the sale of sunglasses, and will be regulated by Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, and Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users. Below is the contractual document that will govern the provision of our services and sale of products through the website: www.woodyseyewear.com, owned by WOODYS BCN S.L. (hereinafter, the “Provider”). The acceptance of this document implies that the user: a. Has read and understands this text. b. Is a person with sufficient capacity to enter into contract. c. Assumes and accepts all obligations set forth herein. These terms will be valid for an indefinite period of time and will be applicable to all contracts executed through the Provider’s website, until the publication of a new version. Procurement Procedure The procurement procedure may be carried out in Catalan, Spanish, English, French, Italian and German. If there is any interpretation of the contract, the original Spanish version will be followed. In the event that this could be done in another language, it will be indicated before initiating the procurement procedure. For the user to access the services offered by the provider, they must register through the website, either as a user or in order to make a specific request. To do so, the user must freely and voluntarily provide personal data that will be required of them. During the procurement process, they will be informed of the different steps to follow and it will be possible to modify the entered data, if necessary. The different steps to follow in the purchase process are the following: 1.- Selection of product and quantity. 2.- Shopping cart. Introduction of discount codes. 3.- Indication of whether or not the buyer has previously registered on the site. 4.- Introduction of personal data, delivery address and billing. Acceptance of Legal Notice/Privacy Policies. 5.- Indication of payment method. 6.- Contents of the order, purchase. Acceptance of the Terms of Use. 7.- Payment. 8.- Sending of confirmation email for the purchase. In any case, the user will be informed once the procurement procedure has finished, through the provider’s procurement platform and by sending the previously-mentioned email confirmation for the purchase made. The provider will not file the electronic document, we recommend that you save the order’s confirmation message and the email that will be sent to you within the next 24 hours. Payment Methods Payment for the services may be done through the following channels: a) Payment by credit card b) PayPal Prices The prices indicated, with respect to each of the services offered on the site, include the Value Added Tax (VAT). The prices applicable to each service will be those that are published on the website or those offered in the form of discounts and promotions on the website or banners, marketing communications sent by the provider, etc. The invoice will be delivered together with the placed order. In the event that services other than those previously indicated are agreed on, different prices may be established. Delivery Times In general, delivery times will be 2-3 working days within the EU and about 4-6 working days for all other territories. Right of Withdrawal The user has the right to withdraw from this contract within a period of fourteen (14) calendar days without the need for justification, notifying us through our website. The aforementioned right of withdrawal will not be valid with respect to those products that are produced according to the specifications provided by the buyer or those that are clearly personalised, or goods that are not suitable for return due to reasons of hygiene and health protection. The withdrawal period will expire fourteen (14) calendars days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unambiguous statement sent through our website. In order to comply with the withdrawal period, it is sufficient for the communication concerning the party’s exercise of this right to have been sent before the expiration of the corresponding deadline. Consequences of Withdrawal: If you exercise your right to withdrawal, we will refund all payments received from you, including shipping costs (with the exception of additional expenses resulting from your selection of a shipping method different to the least expensive standard delivery that we offer) without any undue delay and, in any case, no later than fourteen (14) calendar days from the date on which you informed us of your decision to withdraw from this contract. We will proceed to carry out the refund using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any additional costs as a result of the refund. You must arrange for the return shipping and pay for the direct cost of returning the goods. Only you will be responsible for the decrease in value of the goods, resulting from any handling that is different from that which is necessary to establish the nature, characteristics and functioning of the goods. We can withhold reimbursement until we have received the goods and verified that none of the exceptions to the right of withdrawal apply, or that the products have not been damaged. Shipping Shipping will be free of charge, generating no additional cost for this concept, except for countries outside of the EU (check shipping costs). User Obligations The user must be fully responsible for the confidential processing and proper custody of the passwords available to them, preventing unauthorised third parties from gaining access to them. In order to purchase services offered through this web portal, a series of data is requested from the user. The purpose of the aforementioned request is to make this procurement possible and to execute the procured service under the proper conditions. In this regard, the user agrees to ensure that the information requested and provided is true, complete and accurate, and also agrees to notify the provider of any changes affecting it as soon as possible, in order to avoid problems that may arise in the event the provider is in possession of incorrect or outdated information. Warranty All products sold through the website have a corresponding 2-year warranty, in accordance with the terms established in the corresponding regulatory regulations. Broken or tampered with items will not be accepted. Report of Incidents In the event you have any incident related to the service, either before or after the purchase you have made, you can contact us at info@woodyseyewear.com.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all content displayed on the website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any of the signs susceptible to industrial and/or commercial use, are subject to intellectual property rights and all trademarks, trade names or distinctive signs, all intellectual and industrial property rights to the content and/or any other element inserted on the page, are the exclusive property of www.woodyseyewear.comand/or third parties, who have the exclusive right to use them for commercial purposes. Therefore, the User agrees not to reproduce, copy, distribute, make available or publicly communicate, transform or modify said content in any other way, holding www.woodyseyewear.com harmless for any claim arising from the breach of said obligations. Under no circumstance does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These Terms of Use for this Website do not grant the Users any other type of rights of use, exploitation, alteration, reproduction, distribution or public communication for the Website and/or its content, other than those expressly provided herein. Any other use or exploitation of any of the rights will be subject to the prior and express authorisation specifically granted for this purpose by www.woodyseyewear.com or the third party holder of the rights concerned. The content, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. www.woodyseyewear.com is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, texts, images, textures, graphics and any other content on the Website or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or in any medium, unless prior authorisation is received in writing from the aforementioned Entity. Likewise, it is forbidden to suppress, evade or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website agrees to respect the aforementioned rights and to avoid any action that could harm them, with www.woodyseyewear.com reserving the right in any case to exercise whatever means or legal actions it may be entitled to in order to defend its intellectual and industrial property rights.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User agrees: a) To appropriately and lawfully use the Website, as well as the contents and services, in accordance with: (I) the applicable legislation at any given time; (II) the Terms of Use of the Website; (III) morality and generally accepted good habits or practices, and (IV) public order. b) To be in possession of all means and technical requirements that are necessary to access the Website. c) To provide truthful information by filling out the forms contained on the Website with their personal data and to keep this data updated at all times so that it always reflects the User’s real circumstances. The User will be solely responsible for any false or inaccurate statements made and the damages caused to www.woodyseyewear.com or to third parties for the information provided. However, as established in the previous section, the User must also refrain from: a) Any unauthorised or fraudulent use of the Website and/or content for illegal purposes or effects, prohibited in these Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer. b) Accessing or attempting to access resources or restricted areas of the Website, without meeting the conditions required for such access. c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties. d) Introducing or spreading computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of www.woodyseyewear.com, its suppliers or third parties. e) Trying to access, use and/or manipulate the data of www.woodyseyewear.com, third party providers and other Users. f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless you have received authorisation from the owner of the corresponding rights, or if it is legally permitted. g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of www.woodyseyewear.comor third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content. h) Obtaining and trying to obtain the content by using means or procedures different from those that, as appropriate, have been made available for this purpose or have been expressly indicated on the web pages where the content is found or, in general, those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and/or its content. i) In particular, the User agrees not to transmit, disseminate or make available to third parties the following, which includes but is not limited to data, content, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any kind of material: (I) That in any way is contrary to, disparages or undermines the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in the rest of current legislation. (II) That induces, incites or promotes actions that are criminal, slanderous, defamatory, violent or, in general, that are contrary to law, morals, and generally accepted good practices or public order. (III) That induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition. (IV) That incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good practices or public order. (V) That induces or may induce an unacceptable state of anxiety or fear. (VI) That induces or incites others to engage in practices that are dangerous, risky or harmful to health and psychological wellbeing. (VII) That is protected by the legislation on intellectual or industrial protection belonging to www.woodyseyewear.com or to third parties, without the envisaged use having been authorised. (VIII) That goes against honour, personal and family privacy or the personal image of individuals. (IX) That constitutes any type of advertising. (X) That includes any type of virus or programme that prevents the normal operation of the Website. If you are provided with a password in order to access some of the services and/or content of the Website, you must use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to assign it to third parties, temporarily or permanently, or to allow third parties to access to the aforementioned services and/or content. Likewise, you are obliged to notify www.woodyseyewear.comof any development that may imply an improper use of your password, which includes but is not limited to its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, for as long you as you do not notify www.woodyseyewear.com, the latter will be exempt from any liability that may arise from the misuse of your password, with you being responsible for any illicit use of the content and/or services of the Website by any illegitimate third party. If you negligently or intentionally breach any of the obligations set forth in these Terms of Use, you will be liable for all damages to www.woodyseyewear.comthat may result from said non-compliance.
5. HYPERLINKS
The user agrees not to reproduce the Website www.woodyseyewear.com in any way, even through a hyperlink, as well as any of its content, unless expressly authorised in writing by www.woodyseyewear.com. The Website www.woodyseyewear.com does not normally include links to other websites managed by third parties, but if it did so and in order to facilitate the User’s access to the information of collaborating and/or sponsor entities, www.woodyseyewear.com is not responsible for the content of said websites, nor is it in a position of guarantor or the party offering the services and/or information that may be offered to third parties through third party links. The user is granted a limited, revocable and non-exclusive right to create links to the Website’s home page exclusively for private and non-commercial use. Websites that include a link to our Website (i) cannot imply that www.woodyseyewear.comrecommends said website or its services or products; (ii) cannot falsify their relationship with www.woodyseyewear.com nor affirm that www.woodyseyewear.com has authorised said link, nor include brands, denominations, trade names, logos or other distinctive signs of www.woodyseyewear.com; (iii) may not include content that could be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iv) cannot link to any page of the Website other than the home page; (v) must link to the Website’s own address, with the website that is creating the link not being allowed to reproduce the Website as part of its website or within one of its “frames” or to create a “browser” on any of the Website’s pages. www.woodyseyewear.com may ask that the link to the Website be removed at any time, after which the website must immediately proceed with its elimination. www.woodyseyewear.com cannot control the information, content, products or services provided by other websites that have established links to the Website. Consequently, www.woodyseyewear.com does not assume any responsibility for any aspect related to such websites.
6. COOKIES
www.woodyseyewear.com reserves the right to use the “cookie” technology on the Website, in order to recognise you as a frequent User and personalise your use of the Website through the pre-selection of the Website’s language, or content that is more specific to the user or desirable. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not provide the user’s personal data. The cookies are files sent to a browser through a Web server to record the User’s browsing habits on the Website, granted the User has enabled them. At the same time, you can delete the “cookies”, for which you should consult your browser’s instructions for use. Thanks to the cookies, it is possible for www.woodyseyewear.com to recognise the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences adapted to the User, or to the demographic profiles of Users, in addition to measuring visits and traffic parameters, controlling progress and the number of entries. You can delete or block cookies using your browser options, but in some cases this may affect your ability to use www.woodyseyewear.com You can find more detailed information on “cookies” in the Privacy and Data Protection Policy.
7. LIABILITIES
www.woodyseyewear.com does not guarantee continued access nor the correct display, download or use of the elements and information contained on the pages of www.woodyseyewear.com, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control. www.woodyseyewear.com is not responsible for the decisions that may be taken as a result of accessing the offered content or information. www.woodyseyewear.com may interrupt the service or immediately terminate the relationship with the User if it detects that the use of the Website or any of the services offered therein is contrary to these Terms of Use. www.woodyseyewear.com is not responsible for any damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for eliminating, as soon as possible, the content that may generate said damages, provided it is notified of this content’s existence. In particular, it will not be responsible for the damages that, among other things, may arise from: (I) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond the control of www.woodyseyewear.com (II) Illegitimate intromissions through the use of malware of any kind and by any means of communication, such as computer viruses or any others. (III) Improper or inappropriate abuse of the Website. (IV) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The administrators of www.woodyseyewear.comreserve the right to totally or partially withdraw any content or information present on the Website. (V) www.woodyseyewear.com excludes any liability for damages of any kind that may result from the misuse of the services freely available and used by the Users of the Website. Likewise, www.woodyseyewear.com is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being liable only for the provision of the consulting and inquiry services. On the other hand, if damage is caused from the unlawful or incorrect use of such services, www.woodyseyewear.com may file a claim against the User for the damages caused. The User will defend, indemnify and hold www.woodyseyewear.com harmless against any damages arising from claims, actions or lawsuits by third parties as a result of their access or use of the Website. Likewise, the User agrees to indemnify www.woodyseyewear.com against any damages arising from their use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or any other action on their part that imposes an unreasonable burden on the operation of the Website.
8. DATA PROTECTION
The User can access the Data Protection that is followed in the processing of personal data, defined in the Privacy Policy and Data Protection Policy presented by the Website. To use some of the services, Users must have previously provided certain personal data. For this purpose, WOODYS BCN, S.L. will automatically process Personal Data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Law 34/2002, of July 11, on Information Society Services and Electronic Commerce. The User can access the Data Protection that is followed in the processing of personal data, as well as the establishment of previously established purposes, as provided for in the conditions defined in the Privacy Policy and Data Protection Policy presented by the Website. You can always exercise your rights defined by law of access, rectification, cancellation and opposition, as well as the right to block data, its limitation or portability, in a manner that is free of charge. To do so, you must send the following documents to the Controller of Woodys BCN S.L., by yourself or through a legally authorised person. Customer Service Email: www.woodyseyewear.com Required information: - Photocopy ID card. - Sufficient identification if acting as the representative, tutor or guardian of a minor. - Explanation and subject of the claim. - Indicate an address for sending notifications, phone number, email, in order to get in touch with you as soon as possible and within ten days.
9. CODE OF CONDUCT
General Principles WOODYS BCN S.L is committed to making sure that the content of the services it offers does not: 1. Induce or promote sexual, racial or religious discrimination or any other violation of fundamental rights and public freedoms recognised by the Spanish Constitution and the rest of the legal system. 2. Induce or incite others to act illegally. 3. Lead to erroneous conclusions as a result of its inaccuracy, ambiguity, exaggeration, omission or similar. 4. Induce an unacceptable state of anxiety or fear, or take advantage or exploit the economic, work or personal needs of the caller. 5. Induce or incite any person to engage in risky or dangerous practices that threaten their health or psychological wellbeing. 6. Violate the laws or regulations on the secrecy of communications, intellectual property, right to honour and personal or family privacy, or any other provision applicable to the nature of the service. 7. Contain false or out-of-date information. 8. The services that include a request for personal information or personal data, including name, address or other data, being considered as such a landline or mobile number, should be adequate, relevant and not excessive in relation to the purpose for which it is collected.
10. DURATION AND TERMINATION
In principle, the provision of the service by this Website and all other services have an indefinite duration. However, WOODYS BCN S.L. may terminate or suspend any of the portal’s services. Whenever possible, www.woodyseyewear.com will announce the termination or suspension of the provided service.
11. REPRESENTATIONS AND WARRANTIES
In general, the content and services offered by the Website are purely informative. Therefore, by offering them, www.woodyseyewear.com does not grant any warranty or representation in relation to the content and services offered on the Website, including but not limited to warranties of lawfulness, reliability, usability, accuracy or merchantability, except to the extent that by law such representations and warranties cannot be excluded.
12. FORCE MAJEURE
www.woodyseyewear.com will not be held responsible in any case for failure to provide the service, if this failure is due to prolonged interruptions of the power supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, all cases of force majeure or fortuitous events.
13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These Terms of Use, as well as the use of the Website, will be expressly governed by Spanish legislation, in the field of private international law. Any dispute will be resolved before the Courts of Vic, unless there is any law or international treaty that acts as a special law. In the event that any provision of these Terms of Use is unenforceable or null by virtue of the applicable law, or as a consequence of a judicial or administrative decision, said unenforceability or nullity will not cause these Terms of Use to be unenforceable or null as a whole. In such cases, said provision will proceed to be modified or replaced with another that is valid and enforceable and that, to the greatest extent possible, achieves the objective and intention reflected in the original provision.