1. GENERAL INFORMATION
The ownership of this website Wham-Vintage.com, (hereinafter Website) belongs to: Israel Mateo Manzano, with NIF: 46707708K, and whose contact details are:
Address: Sagunt, 95 08912 Badalona – Barcelona
Contact phone 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 on it (hereinafter, Conditions).
For the purposes of these Terms, the activity that Wham-Vintage carries out through the Website includes:
Retail sale of toys
In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the Cookie Policy and the Privacy and Data Protection Policy of Wham-Vintage. By 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 by all of the aforementioned. Therefore, if the User does not agree with all of the above, they should not use this Website.
Furthermore, please note that these Terms and Conditions may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time of purchase of products and/or services will apply.
For any questions the User may have regarding the Terms and Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
Accessing, browsing and using the Website confers the status of user (hereinafter referred to individually as User or collectively as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the proper use of the Website. This responsibility extends to:
- Use this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If a purchase is reasonably suspected of being of this nature, it may be cancelled and the relevant authorities will be notified.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Terms 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.
This website is primarily intended for users residing in Spain. Wham-Vintage does not guarantee that the website complies, either wholly or partially, with the laws of other countries. Wham-Vintage disclaims all liability that may arise from such access and does not guarantee shipments or the provision of services outside of Spain.
The User may, at their option, formalize with Wham-Vintage the purchase agreement for 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
Properly registered users can purchase items on the Website using the established methods and forms. They must follow the online purchase and/or acquisition procedure of Wham-Vintage.com, during which various products and/or services can be selected and added to the shopping cart or final purchase area, and finally, click on: “Complete Purchase”
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that Wham-Vintage has received their order or purchase request and/or service request; that is, the order confirmation. If applicable, they will also be notified by email when their purchase is being shipped. This information may also be made available to the User through their personal account on the Website.
Once the purchase process is complete, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal account on the Website. The User may also obtain a paper copy of their invoice, if desired, by requesting it from Wham-Vintage using the Website’s contact forms or the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the making of the purchase order or acquisition materializes the full and complete acceptance of the specific sales conditions applicable to each case.
Unless expressly stated otherwise, Wham-Vintage is not the manufacturer of the products sold or that may be sold on the Website. While Wham-Vintage makes every effort to ensure that the information displayed on the Website is correct, occasionally the packaging, 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 by the Website, but also the information available on the labeling, warnings, and/or instructions that accompany the product.
The User acknowledges that Wham-Vintage displays a series of services for their interest that the owner does not provide directly to Users, but rather these services 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 product availability and/or the absence of any circumstance or force majeure event (clause nine of these Terms and Conditions) affecting their supply and/or the provision of services. Should any difficulties arise regarding product supply or if products are out of stock, Wham-Vintage undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise required by law, especially regarding VAT.
Shipping costs are included in the final product prices as displayed on the Website. Wham-Vintage uses the following delivery and/or shipping services: Correos, Correos Exprés, and 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.
Accepted payment methods will be: PayPal
Wham-Vintage uses all available means to guarantee 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 Wham-Vintage sends 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 their 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 of unforeseen or extraordinary circumstances or those arising from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason attributable to Wham-Vintage, the delivery date cannot be met, the User will be contacted to inform them of this situation. The User may then choose to proceed with the purchase, establishing a new delivery date, or cancel the order for a full refund. In any case, home deliveries are made on business days.
If delivery of the order proves impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notification explaining the order’s location and how to arrange for redelivery.
If the User will not be at the delivery location during the agreed time slot, they must contact Wham-Vintage to arrange delivery on another day.
If 30 days elapse from the date your order is available for delivery, and it has not been delivered for reasons beyond Wham-Vintage’s control, Wham-Vintage will consider that you wish to withdraw from the contract, and it will be deemed terminated. As a consequence of the contract termination, all payments received from you will be refunded, with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option offered by the Website. This refund will be issued without undue delay and, in any event, no later than 14 calendar days from the date the contract is deemed terminated.
However, the User should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Terms, delivery shall be deemed to have taken place or the order to have been delivered when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.
The User assumes all risks associated with the products upon delivery. Ownership of the products is transferred to the User when Wham-Vintage receives full payment of all amounts due in connection with the purchase, including shipping costs, or upon delivery, whichever occurs after Wham-Vintage has received full payment.
In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision of services will be considered to be located within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that if they detect an error in the data entered to process their purchase request on the Website, they may correct it by contacting Wham-Vintage through the contact options available on the Website, and, where applicable, through the customer service contact options, and/or using the contact information provided in clause one (General Information). This information may also be corrected by the User through their personal account on the Website.
In any case, before clicking on “Complete purchase”, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Owner’s Website, they have a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without needing to provide justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired physical possession of the goods purchased on the Wham-Vintage Website or, if the goods that make up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or, in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify Wham-Vintage of their decision. This can be done, where applicable, through the contact options available on the Website.
Regardless of the method chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. The User may use the withdrawal form provided by Wham-Vintage as an attachment to these Terms and Conditions; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication clearly expressing the decision to withdraw is sent before the corresponding deadline expires.
In the event of withdrawal, Wham-Vintage will reimburse the User for all payments received, including shipping costs (with the exception of any additional costs chosen by the User for a shipping method other than the least expensive option offered on the Website) without undue delay and in any event 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 for the initial purchase transaction. This refund will not incur any additional costs for the User. However, Wham-Vintage may withhold the refund until the returned products or items have been received, or until the User provides proof of return, whichever occurs first.
The User can return or send the products to Wham-Vintage at: Av. Martí Pujol, 301 Block 11 3rd 1st 08912 Badalona – Barcelona
And it must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Wham-Vintage was informed of the decision to withdraw.
The User acknowledges that they will be responsible for the direct costs of returning the goods (shipping, delivery), if applicable. Furthermore, they will be liable for any diminished value of the products resulting from handling other than what is 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 consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not as an exhaustive list, this would include: personalized products; products that may deteriorate or expire rapidly; CDs/DVDs of music or video without their original factory seal; and products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not be available to Users when the provision of the service has been fully 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 fully executed by Wham-Vintage, they will have lost their right of withdrawal.
In any case, no refund will be given if the product has been used beyond simply opening it, if the products are not in the same condition as when they were delivered, or if they have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.
The withdrawal form template can be downloaded from the following link:
Return of defective products or shipping error
This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they must contact Wham-Vintage immediately and make known the existing nonconformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether a refund or, if applicable, a replacement is warranted.
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-conforming item is due.
The full amount paid for any products returned due to a defect, when such a defect is confirmed, will be refunded, including delivery charges and any costs incurred by the User in making the return. The refund will be issued via the same payment method used for the original 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 respected.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that he or she may acquire through this Website, under the terms legally established for each type of product, Wham-Vintage being responsible, therefore, for the lack of conformity of the same that manifests itself within a period of three years from the delivery of the product.
In this regard, products are considered to conform to the contract provided they: match the description provided by Wham-Vintage and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily put; and possess the quality and performance that are normal for a product of the same type and that are fundamentally expected of it. If this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section “Return of defective products or shipping errors.” However, some of the products sold on the Website may have non-uniform characteristics, provided these arise from the type of material from which they are manufactured and therefore form part of the individual appearance of the product, and are not considered a defect.
On the other hand, it is possible that the User may purchase a product on the Website that is manufactured by a third party or brand. In this case, if the User believes the product to be defective, they may contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly with them for three years following delivery. To do so, the User must have retained all information related to the product warranty.
However, to learn more about the After-Sales Service that Wham-Vintage offers to Website Users, you can consult it here: https://Wham-Vintage.com/contacto/
9. EXEMPTION FROM 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 their part;
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Similarly, Wham-Vintage also limits its liability in the following cases:
- Wham-Vintage takes all necessary measures to provide an accurate visual representation of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues, or other similar problems.
- Wham-Vintage will act with the utmost diligence to ensure the product is delivered to the shipping company responsible for its transport. However, it is not liable for damages resulting from transport malfunctions, particularly those caused by strikes, road closures, or any other issues inherent to the sector, which may lead to delays, losses, or theft of the product.
- Technical failures that, due to unforeseen circumstances or other reasons, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. Wham-Vintage will make every effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it is exempt from liability for causes beyond its control, unforeseen circumstances, or force majeure.
- Wham-Vintage will not be held responsible for misuse and/or wear and tear of products used by the User. Likewise, Wham-Vintage will not be held responsible for incorrect returns 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.
- Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the duration of the force majeure event, and Wham-Vintage will have an extension of time to fulfill them for a period equal to the duration of the force majeure event. Wham-Vintage will use all reasonable efforts 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 agrees that most communications with Wham-Vintage will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Wham-Vintage sends electronically comply with the legal requirement of being in writing. This condition will not affect the User’s statutory rights.
The User may send notifications and/or communicate with Wham-Vintage through the contact details provided in these Terms and Conditions and, where applicable, through the contact spaces of the Website.
Similarly, unless otherwise stipulated, Wham-Vintage may contact and/or notify the User at their email address or postal address provided.
11. RESIGNATION
No waiver by Wham-Vintage of any specific right or legal action, or failure by Wham-Vintage to require strict compliance by the User with any of its obligations, shall constitute a waiver of any other rights or actions arising from a contract or these Terms and Conditions, nor shall it relieve the User from fulfilling its obligations.
No waiver by Wham-Vintage of any of these Terms or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is made in writing and communicated to the User.
12. NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Wham-Vintage in relation to the subject matter of the purchase and sale and supersede any other prior agreement, understanding or promise made orally or in writing by the same parties.
The User and Wham-Vintage acknowledge that they have entered into this contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.
14. DATA PROTECTION
The personal information or data that the User provides to Wham-Vintage during a transaction on the Website will be processed in accordance with the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms 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 the information or data provided is truthful.
15. APPLICABLE LAW AND JURISDICTION
Access, browsing and/or use of this Website and contracts for the purchase of products through it will be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to access, browsing and/or use of the Website, or to the interpretation and execution of these Terms, or to 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 Wham-Vintage their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, 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 (General Information).
Furthermore, if a dispute arises from this purchase agreement between Wham-Vintage and the User, the User, as a consumer, may seek an out-of-court dispute resolution procedure in accordance with Regulation (EU) No 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) No 2006/2004 and Directive 2009/22/EC. This procedure can be accessed via the following website: https://ec.europa.eu/consumers/odr/.