TERMS OF USE

English

1.- IDENTIFICATION OF THE OWNER AND GENERAL INFORMATION

These Terms and Conditions govern access to and use of the Website www.nowathletes.es (hereinafter, the Website), owned by the brand NOW ATHLETES (hereinafter, NOW ATHLETES), DD Executive Empire SL with registered office at Vía Dos Castillas 33, Centro Empresarial Atica, Edificio 4 A/B. Pozuelo de Alarcón 28224 (MADRID) with NIF B01998822 , as well as the services and products offered by NOW ATHLETES on its Website.

NOW ATHLETES offers this website subject to these Terms and Conditions. By visiting the website or using the services or applications on the website, you agree to these Terms and Conditions.

Users are not required to register to access the Website. However, in order to contract any of the services offered by NOW ATHLETES , User registration and acceptance of these conditions will be required before making the payment.

Through the Website, NOWATHLETES offers Users sportswear of the NOWATHLETES brand.

The present Terms and Conditions of NOWATHLETES described below define the rights and obligations of NOWATHLETES and the Users within the framework of the Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the fact that for certain services there may be specific conditions) and to the contracting of orders through the Website and they replace any other conditions, unless previously agreed in writing between NOWATHLETES and the User.

2.- USER DATA

In order to purchase the products offered through the Website, the User must register using the registration form available on the Website. The User shall be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords to prevent any unauthorized use.

If the User has reason to believe that his/her data has been made known to a third party, or if it has been used in an unauthorized manner, or is likely to be, he/she must notify NOWATHLETES of this situation immediately.

The User must check that their data is correct and complete and inform NOWATHLETES when there is any variation and/or modification in the information provided in the purchase process and the User.

3.- ORDERS AND CONDITIONS OF SALE

The services and products offered through the NOWATHLETES Website are intended for the purchase by Users of sportswear of the NOWATHLETES brand.

In order to place an order with NOWATHLETES , the User must be over 18 years of age.

From the Website www.nowathletes.es , NOWATHLETES will ship orders to any part of SPAIN.

To place orders through the Website, the User must provide a series of data prior to contracting, through the purchase form, and which will be necessary to manage their purchase order.

4.- PRICE, PAYMENT METHOD AND DISCOUNT CODES

Once the form data has been completed, the User must proceed to pay for the order through the payment methods specified on the Website.

After payment is made, the User will receive an order confirmation email, which will include a summary of the items purchased, the requested shipping method and the destination address.

If at the time of making the payment an incident occurs that prevents the payment from being made, the User will receive an automatic payment error message and their order will not be processed until the payment process has been successfully completed.

Service prices are expressed in Euros (€), including taxes and management and shipping costs, the amount of which will be indicated at the time of final confirmation of each order.

All prices shown are final prices, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will have detailed information on the price of the product at all times. *In the case of the Canary Islands, VAT will be excluded when making the payment for the order. (*We do not currently ship to the Canary Islands, we apologize for any inconvenience caused).

NOWATHLETES may periodically offer discount codes to its Users. Such discounts may only be applied in accordance with the instructions specified by NOWATHLETES with respect to each code, and in any case Users may only use one code per order.

The use of discount codes will not be compatible with certain promotional actions and collections.

5.- INFORMATION ABOUT NOW ATHLETES PRODUCTS AND SERVICES

The data included on the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos, as well as trade names, brands or distinctive signs of any kind, have a purely informative function. Therefore, NOWATHLETES declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.

6.- RETURNS AND RIGHT OF WITHDRAWAL

The User may return to NOWATHLETES , free of charge, any product that presents a manufacturing defect. Taking into account the nature of the products contracted, the User will have a period of one month from the date he or she became aware of the lack of conformity of the product to inform NOWATHLETES of its lack of conformity with them. If this period is exceeded, any damages will be assumed by the User. The return of products that present manufacturing defects in them will not entail any additional cost for the User.

To formalize the return, the User must contact NOWATHLETES within the period of one month, by email at support@nowathletes.com, indicating the product or products to be returned, attaching a photograph and a detailed list of the defects observed in them.

Once NOW THLETES has received the User's communication, it will inform the User within 3-5 business days whether or not the return of the product is appropriate. If the return is appropriate, NOWATHLETES will inform the User how to collect the defective product from their home.

Each product to be returned must be unused and with all its labels, packaging and, where applicable, documentation and original accessories that came with it. If the User does not proceed in this manner, NOWATHLETES reserves the right to refuse the return.

Once the product has been received and the defects have been confirmed, NOWATHLETES will give the User the option of replacing the product with another of identical characteristics, unless this option is objectively impossible or disproportionate for NOWATHLETES .

In the event that, due to lack of stock, another product with identical characteristics cannot be sent, the User may choose between terminating the contract (i.e., refunding the amounts paid) or requesting the sending of another model that the User voluntarily chooses.

The delivery of the product with identical characteristics or the new model that the User chooses, as appropriate, will be made within the next 3-5 business days from the date on which NOWATHLETES confirms to the User the replacement of the defective product or the shipment of the new model.

Replacement, sending a new model or termination of the contract will not entail any additional costs for the User. If the User terminates the contract, NOWATHLETES will refund the full amount paid to the User for the purchase of the defective product (including shipping costs).

NOWATHLETES informs Users that the period for the refund of amounts paid will depend on the payment method used by the User when purchasing the product:

-If the User has made the payment by credit/debit card, NOWATHLETES will refund the amount paid within 14 calendar days from when the User decided to terminate the contract.

-If the User has made the payment through PayPal, NOWATHLETES will proceed to manage the refund of the amount paid within 24-48 business hours from when the User decided to terminate the contract.

In the event that the User is not satisfied with the products received in his order, the User, in accordance with the General Law for the Defense of Consumers and Users, will have a period of fourteen (14) calendar days to return the entire order or, if he prefers, he may return any of the products that make up the total order and all this without any penalty and without having to indicate the reasons. However, the User must bear the direct cost of return to NOWATHLETES , whether he returns the entire order or decides to return only some of the products in the order. To formalize the return, he must contact NOWATHLETES at the email support@nowathletes.com. Once this communication has been received, NOWATHLETES will indicate the method of sending the order to its offices or warehouses.

NOWATHLETES is not responsible for the courier company that the User hires for the return of the order. NOWATHLETES recommends that the User request that the courier company provide proof of delivery once the courier has deposited the product in the offices/warehouses of NOWATHLETES , so that the User has proof that the product has been correctly delivered to NOWATHLETES .

The costs of returning the order (such as shipping costs through courier companies) will be borne directly by the User.

The product must be unused and with all its labels, packaging and, where applicable, documentation and original accessories that came with it. If the User does not proceed in this manner or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that NOWATHLETES may refuse the return.

Once NOWATHLETES receives the order and verifies that it is in good condition, NOWATHLETES will proceed to return all the products paid by the User. If the User decides to return the entire order, NOWATHLETES will refund the User the full amount paid (not including shipping costs).

If the User only wishes to return one or some of the products that were part of the order, NOWATHLETES will not be able to refund the shipping costs that the User has paid for the entire order.

NOWATHLETES informs Users that the period for the refund of amounts paid will depend on the payment method used by the User when purchasing the product:

-If the User has made the payment by credit/debit card, NOWATHLETES will refund the amount paid within 14 calendar days from when the User decided to terminate the contract.

-If the User has made the payment through PAYPAL, NOW ATHLETES will proceed to manage the refund of the amount paid within 24-48 business hours from when the User decided to terminate the contract.

In any case, NOWATHLETES will return the amounts paid as soon as possible and, in any case, within 14 calendar days following the date on which the User has informed of his decision to withdraw from the contract.

The data included on the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos, as well as trade names, brands or distinctive signs of any kind, have a purely informative function. Therefore, NOWATHLETES declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.

7.- EXCHANGE POLICY

NOWATHLETES does not allow the exchange of a product purchased by the User for another product offered on the Website.

In the event that the User wishes to exchange a product, he/she must exercise his/her right to withdraw from the same in accordance with the provisions of the previous clause and subsequently purchase the new product he/she desires.

8.- USE OF THE WEBSITE

The use of the Website for fraudulent purposes, or in connection with criminal offences or illegal activities of any kind is not permitted.

It is also prohibited to send, use or reuse any illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or which constitutes a violation of intellectual property rights, trademarks, confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of "spam" and, in general, any type of unnecessary annoyance or inconvenience.

The User undertakes to make lawful, diligent, honest and correct use of any information or content that he or she has access to, either through the Website or third-party websites that are accessed through links on the Website, and all of this under the principles of good faith and with respect at all times to current legislation and these Terms and Conditions.

Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may undermine or alter the Website itself, as well as not to introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.

NOWATHLETES reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or fail to comply with any of the conditions set forth in this document.

9.- INTELLECTUAL OR INDUSTRIAL PROPERTY

The intellectual property rights of the page www.nowathletes.com, its source code, design, navigation structures and the different elements contained therein are the property of NOWATHLETES , to whom the exclusive exercise of the rights of exploitation of the same in any form corresponds and in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European legislation.

NOWATHLETES hereby informs that it does not grant any express or implicit license or authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Website. The total or partial reproduction of the contents of the Website is strictly prohibited, even through a hyperlink, without the express written consent of NOWATHLETES . The unauthorized use of these contents will give rise to the legally established responsibilities.

10.- HYPERLINKS

The hyperlinks contained in the Website may lead to third party websites. NOWATHLETES assumes no responsibility for the content, information or services that may appear on such sites, which are deemed to be offered exclusively for informational purposes by NOWATHLETES and which in no case imply any relationship, acceptance or endorsement between NOWATHLETES and the persons or entities that own such content or the owners of the sites where it is found.

11.- PARTIAL NULLITY

In the event that any Clause of these Terms and Conditions is declared void, the remaining Clauses will remain in force and will be interpreted taking into account the spirit of these Terms and Conditions.

12.- MODIFICATIONS

The information appearing on this Website is current as of the date of its last update. NOWATHLETES reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. The changes to the Terms and Conditions will come into effect from the moment they are published on this Website.

13.- NOTIFICATIONS

All communications between NOWATHLETES and the User relating to the placing of orders through the Website shall be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

14.- ABOUT THE LANGUAGE

NOWATHLETES may translate these Terms and Conditions, its Privacy Policy, or any other operating rules, policies or procedures that may be posted on the Website. The Spanish version shall prevail in the event of a conflict.

15.- ETHICAL POLICY ON SUPPLIERS AND ASSOCIATES

As a company committed to providing high-quality products to its customers, NOWATHLETES recognizes its moral obligation to ensure that suppliers act ethically. We expect our suppliers to consistently provide an environment that protects the health and safety of employees, as well as their basic human rights. All suppliers must comply with their national employment laws and regulations.

NOWATHLETES is committed to never knowingly sourcing from countries that violate the above principles. However, as NOWATHLETES continues to grow, it recognizes the importance of taking initiative and doing everything possible to defend the rights of the people involved in the manufacturing of its products.

16.- APPLICABLE LEGISLATION AND JURISDICTION

These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User's place of residence.

Furthermore, pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online disputes in consumer matters , NOWATHLETES informs you that, in the event of a dispute, the User residing in the European Union may go to the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt to extrajudicially resolve any dispute arising from the provision of services by NOWATHLETES .

To access the “Online Dispute Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/

In any case, NOWATHLETES informs the User that it has a Complaint Form through which you may make any complaint or claim in relation to the services provided by NOWATHLETES .

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PRIVACY POLICY
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