Terms of service


The following is the contractual document governing the procurement of products and services through the website www.witukashop.co (hereinafter the Website), owned by WitukaArt for Everyone SL (hereinafter the Provider).

The acceptance of this document implies that the User:

a. Has read, understands and understands what is set forth herein.

b. That he/she is a person with sufficient capacity to contract and over 18 years of age.

c. That you assume all obligations

These Conditions of Service Contracting, together with the Terms and Conditions presented in the offer to the Client, as well as the Legal Notice, the Privacy Policy and the Cookies Policy, (hereinafter, and collectively, the Contracting Conditions or Conditions), expressly regulate the relations arising between the Provider and the Clients and the use and utilization of the services or products it makes available to them.

These Conditions shall be valid for an indefinite period of time and shall be applicable to all purchases made through the website www.witukashop.co owned by Provider.

Provider reserves the right to unilaterally modify these Conditions, without affecting the goods or promotions that were purchased prior to the modification, for which it will always show the version and date of the same.

IDENTITY OF THE PARTIES

On the one hand, the supplier of the goods or services is:
Wituka Art for Everyone SL
C/ Pedro Muñoz Torres, Nave 7. 41006 Sevilla (Spain)
NIF: B90273103
E-mail: [email protected]
Physical stores: https://www.witukashop.co/pages/stores

And on the other hand, the User who accesses the website and is interested in contracting such goods or services (hereinafter the User).

Information about the Provider's activities.

The Provider is a company dedicated to the commercialization of clothing and footwear. Founded more than 7 years ago, the online commerce has international projection.

On this website, the contracting of services is of the B2C type: business to consumer, i.e. transactions are carried out between the online business or virtual store and a consumer.

PURPOSE OF THE CONTRACT

The purpose of the present contract is to regulate the contractual relationship of purchase and sale between the Provider and the User at the moment the User accepts, during the online contracting process, the corresponding checkbox.
Provider and the User at the moment when the latter accepts, during the online contracting process, the corresponding box. The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly displayed through the Website, of a specific product or service.

 

CONTRACTING PROCEDURE

The contracting procedure can only be carried out in Spanish. In the event that in the future it could be carried out in another language, this will be indicated before starting the contracting procedure.

This contract shall be governed by Spanish law, including Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) and privacy regulations. In order to carry out the contracting process and access the services offered by the Provider, the User may choose to
User may choose to:

  • Register on the website:

    you must register by creating a User account. To do so, he/she must provide, freely and voluntarily, the personal data that will be required, choosing a user name and a password, for which he/she has full responsibility of use and custody. You will receive a welcome e-mail message informing you of the username and password with which you have registered and to proceed with the activation of your account. If the user does not confirm his account, this registration will not be valid. The User undertakes to make diligent use of the same, and not to make them available to third parties, as well as to notify the Provider of the loss or theft of the same or of possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.

  • Making the purchase as a guest: in this case, you will only be asked for the shipping information but you will not be able to track your order as you do not have an account on our website.

In any case, the User guarantees that the personal data provided are truthful and is responsible for communicating to the Provider any changes in them. For any queries related to the protection of your personal data, please refer to our "Privacy Policy".

The User shall be solely responsible for any direct or indirect damage or harm that may be caused to the Website's manager as a result of filling in the forms with false, inaccurate, incomplete or out-of-date data. The Provider shall diligently try to check the veracity of such data, reserving, without prejudice to other actions that may correspond to it, the right not to register or to deregister those users who provide false or incomplete data.

The User will be able to modify his personal data, as well as the rest of the data he provides, by accessing his account or profile. To do this you must go to your profile, in the "User" icon located at the top right, if accessing the online store without identifying yourself. If you are already identified, your account will appear in the same location with your username.

The User is informed that, in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

PRE-EMPLOYMENT INFORMATION:

General:

All products appearing on the Website have additional information available in accordance with articles 60, 63 and 97 of the General Law for the Defense of Consumers and Users and articles 27 and 28 of the LSSICE

Provider shall take all reasonable precautions to ensure that all details, descriptions and images of the products appearing on the Website are correct at the time the relevant information is entered into the system. However, to the extent permitted by applicable law, no warranty is given that such product details, descriptions and images are accurate, complete, reliable, up to date or error-free.

Provider shall regularly check that all prices displayed on the Website are correct. In the event of an obvious error in the price of a product, the User will be given the opportunity to purchase the product at the correct price or to cancel the order.

Shipping restriction:
There are currently no shipping restrictions.

Shipping Cost:

Shipping costs will be added to the price of the products and are indicated separately on the order form in the "Shipping Costs" box, based on the following rate:

  • Shipping costs in Spain and Portugal: 3,9€.
  • Shipping costs in EU Standard (Belgium, Germany, Greece, Ireland, Finland, Slovenia, Sweden, Luxembourg, Poland, etc.): 3,9€.
  • Rest of the EU: Shipping costs are 5,9€.
  • United Kingdom: 6,90€.
  • Rest of the World: From 5,90€ to 9,90€.

Shipping costs are applied depending on the destination and the cost of the order, according to this rate. The shipping price will be automatically charged on the invoice at the time of purchase and charged along with the order, so the user will not have to pay any amount when you receive it.

IMPORTANT: Wituka is not responsible for possible charges requested by the Customs service of each country.

Delivery times:
Delivery times depend on several factors, so the User is kindly requested to note that delivery will be made within the period indicated, unless within the same period we notify the User, including by email, that the ordered products are not available, or are temporarily unavailable. Delivery times may be altered by holidays or holiday eves. No deliveries will be made on Saturdays and Sundays, or on public holidays or the day after a public holiday:

LOCATION/ ESTIMATED DELIVERY / COURIER:

- Spain (Peninsula) 1-2 business days Sending.

- Canary Islands, Ceuta and Melilla 10 working days Correos

- Balearic Islands and Portugal 2-4 working days MRW

- Germany 6-10 working days DHL

- Belgium 8-12 working days DHL

- France 8-12 working days DHL

- Netherlands 8-12 working days DHL

- Italy 5-7 working days TNT

- United Kingdom 6 working days Spring

- European Union countries 8-12 working days Post office

- Countries outside the European Union 15-25 working days Post office

The expected delivery time will be taken into account from the date of payment.

Due to the high volume of packages our couriers receive daily, delays can be expected. If you have any problems receiving your package, please contact us at [email protected] and we will be happy to assist you.

Order Pickup Hours:
Orders are picked up Monday through Friday, 10:00 am to 3:00 pm.

Shipping conditions:

To avoid any error in shipments, it is imperative that at the time of placing your order, you indicate correctly in the form all the required data. All orders will be delivered as indicated in the point "Delivery Times".

You will receive your order through the transport and logistics companies mentioned in the same section. The User is informed that for the correct provision of the service, the Provider must provide your personal data to the companies that provide these services, the same becoming, from this moment, responsible for their treatment.

Order tracking:
Use your order number (including the #) to track your order. We use different companies, depending on the country.

If you have any problems tracking your order, please write to [email protected] and we will help you- We are not responsible for possible charges requested by the Customs services of each country.

We cannot guarantee that there will be no delays from courier companies, but we will do our best to get your order to you in the estimated time.

STEP 1.- Cart: 

  • To place an order, the User must click on the "Add to Cart" button to place the selected product and in the desired quantity in the Cart.
  • The User will be able to check at any time of the purchase process the products that are included in the Cart.
  • The User must follow the instructions that appear on the screen to execute the checkout process in the same order in which they are indicated.
  • The User can always correct any error in the data entered, change the contents of the Cart, add or remove one or more products from it, or cancel the entire order during the checkout process before placing the order.
  • By placing an order, the User acknowledges and declares to have read all the instructions provided on the screen during the purchase process and fully accepts these General Terms and Conditions of Sale
  • The User places an order for products through the Website by checking the box "I accept the terms and conditions of sale" and making the corresponding payment by choosing the payment method he/she prefers.

STEP 2.- User identification:

The User must identify himself/herself to the system before confirming the order either:

  • By means of his account of registered User (Login with his user and password).
  • Filling in your personal and shipping information without registering (buy as a guest).
  • Creating a new account.

 

STEP 3.- Shipping process:

  • In case the User is registered on the web, he/she must confirm the shipping address by checking the data shown on the screen, being able to access them to update them. Otherwise, you must enter the personal data requested by entering all fields marked with an asterisk (*) as required fields.
  • You can enter additional information to join to the order by writing it down on this screen.

STEP 4.- Choice of payment method:


For the payment of the order, the User can choose between the following options:

  • Shop Pay: This is an accelerated payment process that allows customers to save their email address, credit card, shipping information and billing information. This can save customers time at checkout, especially if they have already used Shop Pay on any Shopify store. Customer shipping and billing information is securely stored on Shopify's PCI-compliant servers. More information at: https://www.shopify.com/security

  • Paypal: The User will be directed to the Paypal page to securely make payment through the User's existing account. Paypal sends the User a receipt of the transaction. PayPal protects your financial information with industry-leading security and fraud prevention systems. When using PayPal, financial information is never shared with the seller. Once the payment is complete, you will be emailed a receipt of the transaction. You can view PayPal's privacy policy at the following link:
    https://www.paypal.com/es/webapps/mpp/ua/privacy-full

STEP 5.- Finalize purchase:

To proceed with the payment, you must previously and expressly accept these general conditions of sale by means of acceptance on this same screen. The User is informed that, according to art. 98.2 of Law 3/2014 of 27 March, which amends the revised text of the LeyGeneral para la Defensa de los Consumidores y Usuarios, you are placing an order with an obligation to pay. You expressly confirm that you are aware that the order you are completing involves an obligation to pay, and for this purpose by clicking "Finalize Order" you will make the payment thereof.

Placing Orders. Express payment:

It is advisable to print the receipt of the transaction you make through the payment gateway or existing payment platforms on this website.

SECURITY: This website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to personal data. To achieve these purposes, the User agrees that the Provider may obtain data to perform the corresponding authentication of access controls.

The User is reminded that all credit card holders are subject to validation and authorization checks by the card issuer. If the issuer of the User's payment card refuses, or for any reason does not authorize, payment on our behalf, whether prior or subsequent to a payment, the Provider shall not be liable for any delay or non-delivery. Once the payment is made, the User receives an e-mail informing him/her that the payment has been made correctly.

POST ORDER INFORMATION

Once you have placed your order, you will receive a confirmation e-mail ("Order Confirmation") with all the details of your purchase. This is the verification that your order has been placed correctly. It informs the User that he/she can review it and download his/her invoice in "My Orders", within his/her profile.

If you have made your purchase and do not receive the confirmation e-mail within one hour, please contact us through the ways indicated at the beginning.

In accordance with the provisions of Article 63 of the Consumer Law and Article 28 of the LSSICE, the order confirmation e-mail contains a summary of the Terms and Conditions set forth herein, information on the essential characteristics of the products purchased, a detailed indication of the price and method of payment, information on shipping costs, information on the conditions and methods for returning the products, the non-application of the right of withdrawal on some items and the address for sending complaints or claims, as well as a link to this document.

Subsequently and once your order has been received and checked, it will be prepared. Finally, the transport company will be notified, so that it can proceed to the collection and subsequent delivery within the deadlines indicated (See above "Delivery Deadlines") or it will be sent to the collection address you have chosen so that you can pick it up (as you have indicated).

Customer Service

If the User has any questions or concerns when placing an order or if you wish to make any inquiry about an order placed, initiate the return process or the exercise of the right of withdrawal, if applicable in your case, you can contact us through:

- E-mail: [email protected]
- Customer service hours: Monday to Friday from 10:00 am to 2:00 pm, except local and national holidays.
In order to speed up the service, it would be advisable that the User has a copy of the order.

Inquiries about orders:

Provided that he/she is a registered user, the User can check the status of his/her most recent orders by visiting the "My Orders" section within his/her profile. This is the easiest and quickest way to get the most up-to-date information regarding orders, although you can always contact our customer service.

Delivery of orders:


Orders will be delivered to the delivery address freely designated by the User. Thus, the Provider assumes no responsibility for when the delivery of the product or service does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the Provider or the shipping company assigned for this purpose, such as the absence of the recipient.

Notwithstanding the foregoing, Provider shall take the measures required of a diligent merchant to ensure that delivery can be made within the agreed time, and if not, as soon as possible, to the satisfaction of both the sender and the recipient, for which reason no liability whatsoever may be imputed against Provider.

Cancellation of orders:


Occasionally, the system cancels orders or parts of an order for various reasons. Some of these reasons may be:

- Unavailability of items
- Inability to process payment information
- Unable to deliver to the address provided
- Impossibility to deliver the order (address of the User outside the indicated ones)

- Formulation of a duplicate order
- Cancellation at the request of a User

If an order is cancelled, the User will receive an e-mail explaining the reasons for the cancellation. The User will not be charged for cancelled orders and, in the event that the cancellation occurs after collection, the User will be reimbursed the amount paid in the case of total cancellation of the order.

Should the User be interested in placing a new order or if he/she has any questions about a cancelled order, he/she may contact us through the means indicated in the "User Service" section.

Returns:

Orders will be considered delivered in conformity at the time of signing the delivery note of the carrier. It is the responsibility of the recipient to verify the integrity of the packaging and to document in the delivery note of the transport agency any nonconformity or damage. However, different situations may occur that may require the return of part or all of the order delivered

IMPORTANT: If you are not satisfied with the items delivered or if they are not what you expected and you do not wish to receive any item in exchange but you wish to be refunded the amount paid, you should go to the following section "Withdrawal".

If the product has arrived damaged or defective: write to us at [email protected] and we will send you the product again completely free of charge and without shipping costs.

If when you open the order you find that the items delivered do not comply with what was agreed in the order, are not the ones you ordered, it is not the size or color of the item you ordered or the size chosen does not fit you (it is small/large) and you want to change it or you want to exchange it for a different item: you have 180 days to return it, provided that the item is unused, unwashed and in perfect condition.

Return it to us with the delivery note indicating that you want to replace it with another product or that you want to exchange it for another size. You can send it to any of these addresses:

SPAIN:
Wituka
Pino Estrobo Street 36
41016 Sevilla

AMSTERDAM
Wituka
Damrak 59, 1012 LL Amsterdam (Netherlands)

ITALY
Pampling Padua
Via Roma 49
35123 Padua (Italy)

When we receive the products we will give you a code so that you can make a new purchase at no additional cost. The shipping costs of sending the shirts to the warehouse are at your expense, but once we receive the package and send the new shipment, we will assume those shipping costs, so the costs are shared between both parties.

We only accept the exchange/return of the socks if they have the cardboard label.

Right of Withdrawal:

Pursuant to Article 102 of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, the User shall have a period of 14 working days, counted from the date of receipt of the product, to withdraw from the contract without stating the reason and without incurring any cost other than the cost of the return itself.

However, since in Wituka Art for Everyone SL we want to offer the best customer service possible, we extend the return period to 180 days from the date of delivery, provided that the items are not used or washed and are in perfect condition and provided that they are not bicycles. These items can only be returned within 14 days

In the event that there is doubt about the state in which the user makes the return, always prevail the criterion of specialized staff Wituka Art for Everyone SL, after inspection and verification of the article, to ensure that no fraudulent returns of products that have been used, washed or arriving in poor condition are made.

In all cases, the User may cancel his order as long as it has not been shipped. If the order has already left our facilities, the User may proceed to the immediate return of the same once it has been received.

If you are not convinced by the product or you have simply changed your mind: Return it to us with the delivery note indicating that you want your money back. You can send it to any of these addresses:

SPAIN:
Wituka
Pino Estrobo Street 36
41016 Sevilla

AMSTERDAM
Wituka
Damrak 59, 1012 LL Amsterdam (Netherlands)

ITALY
Pampling Padua
Via Roma 49
35123 Padua (Italy)

When we receive the products, if you want the money back, we will make the refund using the same payment method from which the purchase was made. We only accept the exchange/return of the socks if they have the cardboard label.

Price and validity period of the offer:

The prices quoted in respect of each product are inclusive of Value Added Tax(VAT). All prices are expressed in Euro currency (€).

They do not include the costs of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased as these must be calculated at the time of placing the order.

The prices applicable to each product will be those published on the website and will be applied automatically by the contracting process in the last phase of the same, including shipping costs.

The User assumes that in any case the economic valuation of some of the products may vary in real time. This particular case will always be communicated in advance to the Users.

Any payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as sent together with the purchased product.

Dispute Resolution

Wituka Art for Everyone SL reports that has Complaints Sheets (applicable in Spain) available to users or consumers who request it. You can access them by requesting them through any of the contact details indicated below.

We remind you that even if it is not through a complaint form, any claim that the user or consumer considers appropriate to make will be addressed as soon as possible, in any of the following contact details of Wituka Art for Everyone SL: C / Pedro Muñoz Torres, Nave 7. 41006 Seville (Spain). e-mail: [email protected]

Online Dispute Resolution:

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the User and the Provider, without recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

Applicable Law and Jurisdiction

These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The provider and the User agree to submit any dispute that may arise from the provision of services or delivery of the products covered by these Conditions, to the Courts and Tribunals of the User's domicile.

In the event that the User is domiciled outside Spain, the provider and the User expressly waive any other forum, submitting to the Courts and Tribunals of the city of Seville (Spain).