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GENERAL CONDITIONS OF CONTRACTING AND PURCHASE OF PRODUCTS FOR CUSTOMERS OF THE  WEBSITE

Please read carefully the following terms and conditions governing the terms and conditions of contract and sale between customers and THE WAKE UP MOVEMENT, S.L. (hereinafter “WUM”).

  1. WHO WE ARE

We inform you that the website www.thewum.com is managed by the company THE WAKE UP MOVEMENT, S.L., with VAT number ESB-88511373, a company registered in the Mercantile Registry of Madrid on the 14th of November of the year two thousand and nineteen, in volume 39841, Folio 41, Page M-707822, 1st inscription, whose registered office is located in Plaza de Cataluña 1, 2ºD, Madrid (28002). You can obtain more information about WUM by sending an e-mail to the following address hello@thewum.com.

  1. PURPOSE AND SCOPE

This document describes the general purchase conditions (hereinafter referred to as the “General Conditions” or the “Contract”) to which commercial transactions between WUM and the purchaser (hereinafter referred to as the “Customer”) are subject, which are deemed to be accepted in their entirety and which the parties are obliged to comply with in full when they conclude the purchase of the products offered through this Website.

These Conditions may be modified without prior notice, without prejudice to the fact that each sale and purchase shall be governed at all times by the general contracting conditions that were published at the time the sale and purchase was formalised.

Without prejudice to the provisions of these General Conditions, both the User and the Customer are unreservedly subject to compliance with the rules established in the Legal Notice of this Website.

  1. COMMERCIAL CONDITIONS OFFERED

WUM may, at any time, modify the existing commercial offer on the Website, both in terms of products and prices, promotions and commercial and service conditions.

It is the intention of WUM that the information on products and commercial conditions of purchase offered on the Website is accurate at all times and is in force while it is published on the Website. However, exceptionally, there may be some accidental error in such information, beyond the control of WUM. 

In the event of an error, the product purchased may be returned free of charge within the same period of time set out in these general conditions for the return of defective products.

The commercial and contractual information offered on the Website is provided in Spanish and English. The formalisation of the contract and communication with Users will also be carried out in these languages.

  1. MAKING PURCHASES ON THE WEBSITE

4.1 Client Registration

To order any of the products offered on the Website, the Customer will have had to make the corresponding registration, in accordance with the instructions established in the registration process. 

In order to register, the Customer must be of legal age.

The information provided by the Customer during the registration process must be accurate, truthful and up-to-date. The Customer shall be solely responsible for the consequences of any information provided by him/her being inaccurate, incomplete or false. If WUM ascertains that these circumstances have occurred, the User’s account may be blocked.

Each Customer shall provide its e-mail address as an identifier on the Website and shall establish a personal and confidential password that will give it access to place orders. 

The Customer shall receive a summary of the data provided and the activation of its account in an e-mail, once the registration process has been completed. The Customer may modify any data provided to WUM at any time by accessing the information in their registered profile.

The name, username and password are personal, confidential and non-transferable. The Customer shall, under its sole responsibility, keep them secret, guard them diligently and not disclose them to third parties, notifying WUM of the loss or suspected loss of such confidentiality and any access to its account by unauthorised third parties.

Likewise, the Customer may request the cancellation of its account through the mechanisms for contacting WUM established in these General Conditions, without prejudice to the fact that it may continue to receive commercial and advertising communications about the products on the Website, as long as the Customer has expressed its interest in this regard and granted its express consent to receive this type of publication.

4.2 Formalisation of the Purchase and Sale

The sale is formalised by the placing of the order by the Customer and the acceptance of the order by WUM.

Once the order has been placed by the Customer, WUM will send an e-mail confirming receipt of the order, confirming the details of the order and informing the Customer that the order has been placed. 

In the event that the Customer detects any error in the confirmation data or disagrees with them, it may request WUM to correct the data or cancel the contract by contacting WUM by any of the means set out in these General Conditions. 

By default, WUM shall send the invoice or receipt for the purchase made by the Customer to the e-mail account provided. 

WUM undertakes to ensure that the stock of the products offered on the Website is duly updated. However, there is the possibility that the Customer may formalise the purchase of a product that is not in stock. In this situation, WUM shall contact the Customer to inform them of the lack of stock and offer them the following possible solutions to this circumstance:

  1. The return of the price already paid, when payment has been made via Paypal or credit/debit card.
  2. The possibility of purchasing another WUM product of equal or lesser value, returning the difference in price.
  3. The increase in delivery time due to the need to replace stock.
  4. RIGHT OF WITHDRAWAL: DEADLINE AND FORM

The Customer shall have the right to cancel the purchase-sale made, without the need to make any claim or give any explanation in this respect, within fourteen (14) calendar days following receipt of the product by the Customer, without suffering any penalty.

The Customer may return any product as long as it has not been opened or used and retains its original seal or packaging.

To exercise this right of withdrawal, the Customer must notify WUM of its intention to withdraw from the contract by means of an unequivocal statement to be made by sending an e-mail to the following address: hello@thewum.com. In this e-mail, the Customer must inform WUM that it is exercising its right of withdrawal, indicating in the order reference code its name and delivery address, as well as the date on which the purchase was made.

Orders must be returned by the Customer to WUM in accordance with the instructions determined by WUM, which shall be obliged to bear the costs incurred by such return. The return period in this case may not exceed fourteen (14) days from the date the withdrawal was communicated. 

In the event that the Customer decides to exercise this right, the return of the price paid shall be made within thirty (30) days from the date the withdrawal was communicated and by means of the same procedure used in the purchase process. 

In the event of failure to comply with any of the general and/or specific contractual conditions for the exercise of the right of withdrawal, WUM may withhold the refund of the amounts due, and in any case, shall retain them until it has received the products subject to withdrawal in the same conditions in which they were sent.

  1. PRICES AND SHIPPING COSTS

The total price of the products will be indicated in the description of each product on the website. The prices offered include the price of the product, the taxes derived from the purchase, the shipping costs and any other amounts inherent in the sale, thus reflecting the total and final price of the product. 

These amounts, and specifically the shipping costs, will appear in detail both on the website and in the shopping cart summary and in the order detail when it is sent to the customer as confirmation of the order.

Shipments made to the Autonomous Community of the Canary Islands, as well as to the Autonomous Cities of Ceuta and Melilla, are subject to different taxes and customs duties than those of the rest of Spanish territory, as they do not form part of the European Union’s customs territory. In such shipments, the fees are charged at the time of delivery of the order. It is possible that the Customer will receive a notification at home asking him to go in person to pay these taxes at the local post office. 

Likewise, in the Autonomous Community of the Canary Islands, VAT is not applied, as in the rest of European territory, in the purchase and sale of products. In this region, these operations are taxed with the ICIG, which has a lower rate than the VAT. Therefore, the prices shown on the Website do not correspond to what the Customer will finally have to pay.

  1. PAYMENT METHODS

The Customer may in any case choose the method of payment for the products purchased through the Website from among those listed below:

Credit or debit cards: 

The Customer may pay with its Visa, Visa Electron, American Express, Maestro and Mastercard credit cards through the Website’s secure payment gateway.

Once the secure payment process has been completed, the Customer will receive an e-mail confirming their purchase. 

Paypal:

The Customer may choose the option of paying for their purchase through the Paypal service if they have a user account contracted with this service. 

Once the payment has been made, the customer will receive an e-mail confirming his or her purchase.

  1. DELIVERY METHOD AND TIME

The products purchased on this Website will be delivered to the address indicated in the Customer’s registration, or to the addresses indicated in the purchase process for each of the products purchased. 

The Customer undertakes to ensure that the requested order can be delivered within the usual hours for delivery of goods (Monday to Friday from 10:00 to 14:00). Packages shall be delivered to the Customer’s home using the logistics services contracted by WUM, or those contracted by WUM’s associated suppliers. In the event of failure by the Customer to comply with this obligation, WUM shall not be liable for the delay or impossibility of delivery of the order to the address indicated by the Customer.

The estimated delivery time shall be 2 to 7 working days from the date the order is placed. For orders placed before 1pm, Monday to Friday, the order will be dispatched on the same day. For orders placed after 1:00 p.m., delivery will take place on the following working day. Any order received during the weekend (Friday from 1:00 p.m., Saturday and Sunday) will be considered as being placed on the following working day. WUM shall inform the Customer of any delay in the dispatch of an order.

WUM shall bear the risks relating to the order until the time of delivery, except in the event of a delay in delivery due to a breach of the obligations attributable to the Customer. 

In the event that the delivery is delayed due to causes attributable to the Customer or due to the Customer’s unjustified refusal to accept the order, WUM shall be obliged to take one or both of the following actions: 

  1. Charge the Customer for the costs of storing or returning the product and any other reasonable costs or expenses that may arise.
  2. Terminate the Contract immediately. In this case, the Customer will have to pay the expenses arising as a result of the non-fulfilment of this Contract. If the product has already been paid for, the difference between the amount collected and the reasonable administrative costs that have arisen will be paid by the same means as those that have been paid. If they have not been paid, said expenses will be claimed from the Customer.

Shipments to the Canary Islands, Ceuta and Melilla

For orders made with a delivery address in Spain, outside the Iberian Peninsula, the delivery and return times indicated in these General Conditions will be considered extended by 5 working days.

  1. RETURN POLICY

WUM is committed to ensuring that the products purchased through its website are delivered in perfect condition and in accordance with the quality standards offered and the characteristics and materials described for each product.

However, in the event that the Customer receives a product which it considers to be defective, it shall notify WUM by e-mail at the e-mail address indicated in these General Conditions for contacting the company, referring to the following information relating to the product:

  1. Reasonably detailed explanation of the defects or damage to the product.
  2. Number of the delivery note and other information on the order that may be reasonably useful.

So that WUM can check the state of the product, the Customer shall send it within a period of no more than fourteen (14) days from receipt of the product. If WUM confirms that the product is defective, it shall repair or replace the product, as appropriate, at its own expense. 

In the event that the product is not defective, WUM shall deduct all the costs that the claim might have incurred from the refund, if applicable. 

For further details, please consult the “Changes and Returns” section of the Website. 

  1. INCIDENT MANAGEMENT AND ACCOUNTABILITY OF THEWUM

The Customer may, at any time, report any incidents in its shopping experience on the WUM website or in the delivery of the products, using the contact details set out in this Agreement. 

In the event of any complaint, the Customer shall send a precise description of the reason for the complaint and a copy of the order or reference code contained in the purchase confirmation e-mail. 

WUM undertakes to reply to any communication of incidents within five (5) working days of the effective receipt of such communication, and to put all means at its disposal to resolve any contingency in the shortest possible time.

In any event, WUM shall be liable for any damage caused by its own fault or negligence or that of its employees or representatives in the performance of this Contract. 

In the event that the Customer receives a defective product for any reason whatsoever attributable to WUM, the Customer shall be entitled to have the product repaired, replaced, reduced in price or the contract terminated under the same terms and conditions as set out in Clause 9 above containing the Return Policy. 

In this regard, it should be noted that WUM shall not be liable for any damage that the Customer may suffer as a result of failures in Internet communications, inasmuch as the operation of the network is not free from defects or failures that are beyond the control of WUM. Similarly, WUM shall not be liable for the fact that the online shopping platform is not continuously and uninterruptedly available to Customers, or for technical failures or disconnections suffered during the transaction or the purchase process, or for delays that may arise from these causes. This exemption from liability extends to WUM staff and their representatives.

WUM shall not be liable for any allergies or health problems caused to the Customers as a result of the use of the products purchased through its platform. 

In any case, the liability of WUM arising from this Agreement shall, except in the event of negligence or gross negligence, be limited to the value of the particular product purchased from which the claim arose.

WUM shall not be liable for any failure, impediment or delay in the performance of the provisions of this Agreement attributable to any cause of force majeure, including without limitation any natural disasters, actions of third parties including, without limitation, acts of local and supranational governments and authorities, arrests, arrests made by the competent authorities, strikes, lockouts, fires, floods, accidents, mechanical breakdowns, third party software, non-existence or problems with the supply of public services (including incidents with the electricity, telecommunications or internet supply) (hereinafter referred to as “Cases of Force Majeure”), regardless of the possible forecast of such circumstances. 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the products offered by WUM and, in particular, its designs, brands or industrial drawings and any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of WUM or third parties, who own them and have duly authorised their inclusion on the Website. 

Under no circumstances shall it be understood that, by means of this Agreement, any licence is granted in favour of the Customer in matters of intellectual or industrial property, or that these rights are waived, transferred or assigned in whole or in part. Nor shall it be understood that any right or expectation of right over the intellectual or industrial property of WUM or third parties is conferred. In particular, any alteration, exploitation, reproduction, distribution or public communication of any content which may be protected by the intellectual and industrial property rights to which the Customer may have access through the Website, or by its relationship with WUM, without the prior express authorisation of WUM or the third party owners of such rights, is expressly prohibited.

  1. DATA PROTECTION

For the purposes of Organic Law 15/1999 on the Protection of Personal Data and its implementing regulations (hereinafter referred to as “LOPD”), WUM informs the Customer that the personal data provided on its registration form have been collected exclusively for the purpose of facilitating the monitoring of orders and compliance with this Contract and will be included in a file owned by WUM for the proper management of commercial transactions between the parties.

The formalisation of this Contract shall imply the provision of consent by the Customer to the processing of its personal data for the purposes set out in the previous paragraph. 

The Customer may exercise his/her rights of access, rectification, cancellation and opposition by sending a letter to the address Calle Príncipe de Vergara 211, 6ºC, Madrid (28002) or by sending an e-mail to the address hello@thewum.com, including a copy of his/her National Identity Document.

  1. CONTRACT INTEGRITY

The total or partial nullity of any of the clauses of these Conditions will not entail the nullity of the rest of the clauses, which will remain fully valid if they do not suffer from such a defect. In such cases, the invalid clause will be replaced by an equivalent one.

  1. CONTRACT ASSIGNMENTS

The Customer may not assign the position acquired through acceptance of these Conditions to any third party, nor the rights and obligations arising from the acquisition of products through this Website without the express written consent of WUM.

  1. TERMINATION OF THE GENERAL PURCHASE CONDITIONS

These General Conditions may be terminated not only for the reasons expressly established by the applicable legal system, but also for the following reasons:

  1. Mutual agreement of the parties.
  2. Failure to make the agreed payment, including taxes, or to pay shipping costs, if applicable, to the Customer.
  3. The Causes of Force Majeure do not cease within a period of more than 2 working days.
  4. Non-compliance by the Customer with the established General Conditions or the Website’s Legal Notice.
  5. APPLICABLE LAW AND JURISDICTION

The products offered on the Web Site and their acquisition are in accordance with Spanish legislation. 

Customers whose domicile is outside Spanish territory may be subject to rules different from those provided for in Spanish legislation. It is the responsibility of these Customers to verify beforehand the possibility of importing or using the products they purchase through the Website, and WUM shall be exempt from any liability in this regard.

Should any dispute arise over the interpretation or application of these General Conditions, the matter shall be heard by the Courts and Tribunals established by applicable Spanish legislation. 

In the case of final consumers, the place of fulfilment of the obligation or the place of residence of the purchasing party shall be considered. 

If the Customer is domiciled outside Spain or is a company, both parties submit, with express waiver of any other jurisdiction that may correspond to them, to the Courts and Tribunals of the city of Madrid (Spain).