TERMS OF USE
1.- IDENTIFICATION OF THE OWNER AND GENERAL INFORMATION
These Terms and Conditions regulate the access and use of the website www.nowathletes.com (from now on, the website) owned by the brand NOW ATHLETES with registered office in Via Dos Castillas 33, Centro Empresarial Atica, Edificio 4 A/B. Pozuelo de Alarcon 28224 (MADRID), as well as the services and products offered by NOW ATHLETES in its website.
NOW ATHLETES offers this website subject to these Terms and Conditions. By visiting the website or using the services or applications of the website, the user accepts these Terms and Conditions.
For the access to the website, the registration of the Users will not be required. However, in order to contract any of the services offered by NOW ATHLETES, the User's registration and the acceptance of these conditions will be required before formalising the payment.
Through the web site, NOW ATHLETES offers to the Users sportswear of the NOW ATHLETES brand.
The present Terms and Conditions of NOW ATHLETES described below, define the rights and obligations of NOW ATHLETES 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 that for certain services there could be particular conditions) and to the contracting of orders through the website and they replace any other conditions, except for previous agreement and in writing between NOW ATHLETES and the User.
2.- USER DATA
In order to purchase the products offered through the Website, the User must register through 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 possible unauthorised use.
In case the User has reason to believe that his/her data has been made known to a third party, or if these data have been used in an unauthorised way, or are susceptible to be so, he/she must communicate this situation to NOW ATHLETES immediately.
The User must check that his data are correct and complete and inform NOW ATHLETES when there is any variation and/or modification in the information provided during the purchase process and the User.
3.- ORDERS AND SALES CONDITIONS
The services and products offered through the NOW ATHLETES website are intended for the purchase by Users of sportswear of the NOW ATHLETES brand.
To be able to contract an order from NOW ATHLETES, the User must be older than 18 years old.
From the Website www.nowathletes.com, NOW ATHLETES will send orders to SPAIN and Europe.
In order to place orders through the Website, the User must provide some data before contracting, through the purchase form, and that will be necessary to manage the purchase order.
4.- PRICE, PAYMENT METHOD AND DISCOUNT CODES
Once the data on the form has been completed, the User must proceed to pay for the order through the means of payment specified on the Website.
After the payment is made, the User will receive an order confirmation e-mail, which will include a summary of the purchased items, the requested delivery method and the destination address.
If, at the time of payment, an incident occurs that prevents payment, the User will receive an automatic payment error message and his/her order will not be processed until the payment process has been successfully completed.
The prices of the services are expressed in Euros (euros), including taxes and management and shipping costs, the amount of which will be indicated at the time of the 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 at all times detailed information on the price of the product. *In the case of the Canary Islands, VAT will be excluded at the time of payment of the order. (* We do not ship to the Canary Islands at the present time).
NOW ATHLETES may periodically offer discount codes to its Users. These discounts can only be applied according to the instructions specified by NOW ATHLETES with respect to each code, and in any case Users can 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 commercial names, brands or distinctive signs of any kind, have a merely informative function. Therefore, NOW ATHLETES declines any responsibility for the appearance of errors in this information, although it commits itself to take all the measures within its reach to correct as soon as possible the referred errors or omissions after having been informed about them.
6.- RETURNS AND RIGHT OF WITHDRAWAL
The User may return to NOW ATHLETES, free of charge, any product with a manufacturing defect. Taking into account the nature of the products contracted, the User will have a period of one month from the moment he became aware of the lack of conformity of the product to communicate to NOW ATHLETES his lack of conformity with the product. If this period is exceeded, any damages will be assumed by the User. The return of products with manufacturing defects will not imply any additional cost for the User.
To formalize the return, the User must contact NOW ATHLETES within a month, at the e-mail support@nowathletes.com, indicating the product or products to be returned, attaching a photograph and a detailed list of the defects found in them.
Once NOW ATHLETES has received the communication from the User, it will inform him within 3 -5 working days if the return of the product is appropriate or not. If the return is appropriate, NOW ATHLETES will indicate the User how to collect the defective product from his home.
The offices/warehouses to which the Users can send the defective product are the following:
-Office in Spain:
Via Dos Castillas 33, Centro Empresarial Atica, Edificio 4 A/B. Pozuelo de Alarcon 28224 (MADRID).
Each product to be returned must be unused and with all its labels, packaging and -if necessary-, documentation and original accessory elements that came with it. If the User does not proceed in this way, NOW ATHLETES reserves the right to refuse the return.
Once the product has been received and the defects have been found, NOW ATHLETES will give the User the possibility to replace the product with another one of identical characteristics, unless this option is objectively impossible or disproportionate for NOW ATHLETES.
In the case that, due to lack of stock, it is not possible to send another product of identical characteristics, the User can 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 chosen by the User, as appropriate, will be made within the next 3-5 working days from the date NOW ATHLETES confirmed to the User the replacement of the defective product or the delivery of the new model.
The replacement, the sending of a new model or the termination of the contract will not imply any additional cost for the User. If the User terminates the contract, NOW ATHLETES will refund the full amount paid to the User for the purchase of the defective product (including shipping costs).
NOW ATHLETES informs the Users that the term of the refund of the amounts paid will depend on the method of payment that the User would have used when buying the product:
-If the User has paid by credit/debit card, NOW ATHLETES will refund the amount paid within 14 calendar days after the User decided to terminate the contract.
-If the User has made the payment through PayPal, NOW ATHLETES will refund the amount paid within 24-48 working hours since the User decided to terminate the contract.
In case the User is not satisfied with the products received in his order, the User, according to the General Law for the defense of the Consumers and Users, will have a period of fourteen (14) natural days to return the whole order or, if he prefers, he can return any of the products that integrate the total order and all this without any penalty and without the need to indicate the reasons. However, the User must pay the direct cost of return to NOW ATHLETES, whether you return the entire order or if you decide to return only some of the products of the order. To formalize the return, you must contact NOWATHLETES at support@nowathletes.com. Once you have received this communication, NOW ATHLETES will indicate you how to send the order to its offices or warehouses.
The User may send the product to the following NOW ATHLETES offices/warehouses:
-Office in Spain:
Via Dos Castillas 33, Centro Empresarial Atica, Edificio 4 A/B. Pozuelo de Alarcon 28224 (MADRID).
NOW ATHLETES is not responsible for the courier company that the User hires for the return of the order. NOW ATHLETES recommends the User to require the courier company to provide him with the proof of delivery once the courier has deposited the product in the offices/warehouses of NOW ATHLETES, so that the User has proof that the product has been correctly delivered to NOW ATHLETES.
The costs of returning the order (such as shipping costs through courier companies) will be assumed directly by the User.
The product must be unused and with all its labels, packaging and -if applicable-, documentation and original accessory elements that came with it. If the User does not proceed in this way or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that NOW ATHLETES may refuse the return.
Once NOW ATHLETES receives the order and checks that it is in good condition, NOW ATHLETES will proceed to refund all the amounts paid by the User. If the User decides to return the order in full, NOW ATHLETES will return to the User all amounts paid by him (including shipping costs).
If the User only wishes to return one or some of the products that were part of the order, NOW ATHLETES will not be able to return the shipping costs that the User has paid for the whole order.
NOW ATHLETES informs the Users that the term of the refund of the paid amounts will depend on the method of payment that the User would have used at the time of buying the product:
-If the User has paid by credit/debit card, NOW ATHLETES will refund the amount paid within 14 calendar days since the User decided to terminate the contract.
-If the User has paid by PAYPAL, NOW ATHLETES will refund the amount paid within 24-48 working hours since the User decided to terminate the contract.
In any case, NOW ATHLETES will return the amounts paid as soon as possible and, in any case, within 14 calendar days from the date in 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 commercial names, brands or distinctive signs of any kind, have a merely informative function. Therefore, NOW ATHLETES declines any responsibility for the appearance of errors in this information, although it commits itself to take all the measures within its reach to correct as soon as possible the referred errors or omissions after having been informed about them.
7.- POLICY OF CHANGES
NOW ATHLETES does not admit the change between a product bought by the User for another product that is offered in the Website.
In case the User wants to make the change in a product, he must exercise his right of withdrawal on the same one in conformity with the previous clause and buy later the new product that he wishes.
8.- USE OF THE WEB SITE
It is not allowed to use the Web Site for fraudulent purposes, or related to criminal offences or illegal activities of any kind.
It is also forbidden to send, use or reuse material that is illegal, offensive, abusive, indecent, defamatory, obscene or threatening of any kind, or that violates 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 inconvenience or inconvenience.
The User agrees to make lawful, diligent, honest and correct use of any information or content accessed either through the Website or third party websites accessed through the links on the Website, and all under the principles of good faith and with respect at all times to current legislation and these Terms and Conditions.
Likewise, the User acquires the commitment of not provoking neither malicious nor intentional damages that could damage, alter the Website itself, as well as not introducing or spreading computer viruses that could produce non authorized alterations of the contents or systems of the Website.
NOW ATHLETES 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 that appear 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 in it are owned by NOW ATHLETES, who has the exclusive right to exploit them in any way and especially the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish and European legislation applicable.
NOW ATHLETES informs that it does not grant any license or express or implicit 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, not even by means of a hyperlink, is strictly forbidden without the express written consent of NOW ATHLETES. 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 the websites of third parties. NOW ATHLETES does not assume any responsibility for the content, information or services that could appear in those sites, which will be considered offered exclusively as information by NOW ATHLETES and that in no case imply any relation, acceptance or support between NOW ATHLETES and the persons or entities that own such contents or owners of the sites where they are.
11.- PARTIAL NULLITY
If any Clause of these Terms and Conditions is declared null and void, the other Clauses will remain in force and will be interpreted taking into account the spirit of these Terms and Conditions.
12.- MODIFICATIONS
The information on this Website is current as of the date of its last update. NOW ATHLETES reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. The coming into force of the modifications of the Terms and Conditions will be from the moment of their publication in this Website.
13.- NOTIFICATIONS
All communications between NOW ATHLETES and the User regarding the contracting of orders through the Website, will 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
NOW ATHLETES may translate these Terms and Conditions, its Privacy Policy, or any other operational rules, policies or procedures that may be published on the Website. The Spanish version will prevail in case of conflict.
15.- ETHICAL POLICY ON SUPPLIERS AND ASSOCIATES
As a company committed to providing high quality products to its customers, NOW ATHLETES recognises its moral obligation to ensure that suppliers act ethically. We expect our suppliers to regularly 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.
NOW ATHLETES is committed to never knowingly acquire supplies from countries that do not comply with the above principles. However, as NOW ATHLETES continues to grow, it recognises the importance of acting with initiative and doing everything possible to defend the rights of people involved in the manufacture of their products.
16.- APPLICABLE LEGISLATION AND JURISDICTION
These Terms and Conditions are subject to Spanish law. The parties, in accordance with the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, are subject to the Courts and Tribunals of the User's place of residence.
Also, by virtue of the provisions of Regulation (EU) No 524/2013 of the European Parliament and Council of 21 May 2013 on the resolution of online disputes in consumer matters, NOW ATHLETES informs you that, in case of dispute, the User residing in the European Union may resort to the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by NOW ATHLETES.
To access the "Online Platform for Conflict Resolution" you can do so via the following link: http://ec.europa.eu/consumers/odr/
In any case, NOW ATHLETES informs the User that it has a Claim Form through which you can make any complaint or claim in relation to the services provided by NOW ATHLETES.
