1. GENERAL INFORMATION

The ownership of this website Wham-Vintage.com, (hereinafter Website) is held by: Israel Mateo Manzano, with NIF: 46707708K, and whose contact details are:

Address: Sagunt, 95 08912 Badalona – Barcelona

Contact telephone number: 619428310

Contact email: hello@wham-vintage.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (Wham-Vintage.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Wham-Vintage developed through the Website includes:

Retail sale of toys

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 Wham-VintageBy using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and everything mentioned above. Therefore, if you do not agree with all of the above, you should not use this Website.

Likewise, we inform you that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.

For any questions the User may have regarding the Terms and Conditions, they may contact the Owner using the contact information provided above or, where applicable, using the contact form.

2. THE USER

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

The User assumes responsibility for proper use of the Website. This responsibility extends to:

• Use this Website only to make inquiries and make legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities reported.
• Provide truthful and lawful contact information, such as 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 Website is primarily aimed at Users residing in Spain. Wham-Vintage does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Wham-Vintage declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at his/her discretion, with Wham-Vintage 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

The Users duly registered You can purchase on the Website by the established means and methods. You must follow the online purchasing and/or acquisition procedure. Wham-Vintage.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Complete purchase“

Likewise, the User must complete and/or verify the information requested at each step. However, during the purchasing process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that Wham-Vintage has received your order or request for purchase and/or service provision, that is, the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where applicable, this information may also be made available to the User through their personal connection space on the Website.

Once the purchase procedure has concluded, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email. and where appropriate, through your personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a paper copy of his invoice by requesting it to Wham-Vintage using the contact spaces on the Website or through the contact information provided above.

The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale that apply to the product and/or service in question and that are displayed alongside the presentation or, where applicable, the image of the product and/or service on the Website page. These conditions include, but are not limited to, and depending on the case, the following: name, price, components, weight, quantity, color, product details or characteristics, the method in which the services will be provided, and/or the cost of the services. They also acknowledge that placing the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

Unless expressly stated otherwise, Wham-Vintage is not the manufacturer of the products sold or that may be marketed on the Website. Although Wham-Vintage While we make great efforts to ensure that the information displayed on the Website is accurate, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that shown on the Website. Therefore, the User should consider not only the information provided on the Website, but also the information available on the labeling, warnings, and/or instructions accompanying the product.

The User knows that Wham-Vintage shows you for your interest a series of services that the owner does not provide to the Users directly, but that will be contracted and provided by a third party other than Wham-Vintage.

4. AVAILABILITY

All purchase orders received by Wham-Vintage through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of products or products are out of stock, Wham-Vintage undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes unavailable.

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 with regard to VAT.

Shipping costs are included in the final product prices as shown on the Website. Thus, Wham-Vintage provides delivery and/or shipping services through: Post Office, Express Post Office, Keavo.

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 voluntarily and freely selected and chosen.

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

The accepted payment methods will be: PayPal

Wham-Vintage uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

If the payment method is PayPal, the charge will be made at the time that Wham-Vintage send a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on “Complete purchase"The User confirms that the payment method used is his or her own.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time 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, which is attributable to you, Wham-Vintage If the delivery date cannot be met, the User will be contacted to inform them of this circumstance, and they may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If delivery is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.

If the User is not going to be at the delivery location during the agreed time slot, he/she must contact Wham-Vintage to arrange delivery on another day.

In the event that 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to Wham-Vintage, Wham-Vintage will be deemed to have been terminated by the User. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.

However, the User must be aware that the transportation resulting from the resolution may have an additional cost that may be passed on to the User.

For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.

Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Wham-Vintage 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 later than the full receipt of the amount to be paid by Wham-Vintage.

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

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 Wham-Vintage through the contact spaces available on the Website and, where applicable, through those available for contacting customer service, and/or using the contact information provided in the first clause (General Information). Users may also request this information through their personal login space on the Website.

In any case, the User, before clicking on “Complete purchase“, has access to the space, cart, or basket where your 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, he or she has 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 from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Website of Wham-Vintage or in the event that the goods comprising your order are delivered separately, within 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods comprising the same purchase order, or in the case of a service contract, within 14 calendar days from the day on which the contract was entered into.

To exercise this right of withdrawal, the User must notify his decision to Wham-VintageYou may do so, where appropriate, through the contact spaces provided on the Website.

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that Wham-Vintage makes available to you as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

In case of withdrawal, Wham-Vintage 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 Wham-Vintage is informed of the User's decision to withdraw.

Wham-Vintage will refund the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, Wham-Vintage may withhold such refund until it has received the products or items purchased, or until the User provides proof of their return, whichever condition is met first.

The User can return or send the products to Wham-Vintage in: Av. Martí Pujol, 301 Block 11 3o 1a 08912 Badalona – Barcelona

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

The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the 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 there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. These exceptions, by way of example and not exhaustive, would include: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery.

The provision of a service that the User may contract on this Website is governed in the same way, 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 Wham-Vintage, you will have lost your right of withdrawal.

In any case, no refund will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.

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

The withdrawal form template can be downloaded from the following link:

Return of defective products or shipping errors

These are 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 Wham-Vintage immediately and inform you of the existing disagreement (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 how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable time, whether a refund or, if applicable, a replacement is appropriate.

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

The amount paid for products returned due to a defect, when a defect actually exists, will be fully refunded, including delivery costs and any costs incurred by the User in processing the return. The refund will be issued using the same payment method 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 applicable.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, in the terms legally established for each type of product, responding Wham-Vintage, therefore, due to the lack of conformity thereof that becomes apparent within a period of three 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 Wham-Vintage and possess the qualities presented therein; are suitable for the uses for which products of the same type are ordinarily intended; and present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Returning Defective Products or Shipping Errors. However, some of the products sold on the Website may present non-uniform characteristics, provided that these derive from the type of material with which they were manufactured. Therefore, they will form part of the individual appearance of the product and will not be considered a defect.

On the other hand, the User may purchase a product from a third-party brand or manufacturer on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within three years of delivery of said products. To do so, the User must have retained all information regarding the product warranty.

However, to learn more about the After-Sales Service that Wham-Vintage makes available to Users of the Website can be consulted here: https://Wham-Vintage.com/contacto/

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Wham-Vintage will not accept any liability for the following losses, regardless of their origin:

• any losses that were not attributable to any breach on its part;
• business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.

Likewise, Wham-Vintage It also limits its liability in the following cases:

• Wham-Vintage applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for any minimal differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or other similar issues.
• Wham-Vintage will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector that result in delays, loss, or theft of the product.
• Technical failures that, due to unforeseen circumstances or other causes, prevent the normal operation of the online service. Website unavailability for maintenance or other reasons, which prevents the service from being available. Wham-Vintage 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 beyond its control, such as unforeseeable circumstances or force majeure.
• Wham-Vintage will not be liable for any misuse and/or wear and tear of products used by the User. At the same time, Wham-Vintage Nor will it be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
• In general, Wham-Vintage will not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
  • Strikes, lockouts or other protest measures.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, airplanes, motor vehicles 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 Wham-Vintage will have an extension of the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. Wham-Vintage will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Wham-Vintage whether electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Wham-Vintage send electronically comply with the legal requirements of being in writing. This condition will not affect the rights granted to the User by law.

The User may send notifications and/or communicate with Wham-Vintage through the contact information provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Wham-Vintage may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver of Wham-Vintage to a specific legal right or action or the lack of a requirement by Wham-Vintage Strict compliance by the User with any of his obligations will not constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor will it exonerate the User from compliance with his obligations.

No waiver of Wham-Vintage any of these Conditions or the rights or actions derived from a contract will not take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

12. NULLITY

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be 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 Wham-Vintage in relation to the object of the sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.

The User and Wham-Vintage acknowledge that they have agreed to enter into a contract without relying on any representation or promise made by the other party, except as expressly stated in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Wham-Vintage In the course of a transaction on the Website, your personal information will be processed in accordance with the Privacy 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 such information and data and declares that all information and data provided is truthful.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.

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

16. COMPLAINTS AND CLAIMS

The User may send to Wham-Vintage your complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

Besides, Wham-Vintage has official complaint forms available to consumers and users, which they can request from Wham-Vintage at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Likewise, if from the celebration of this purchase contract between Wham-Vintage and the User arises from a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: https://ec.europa.eu/consumers/odr/.