Terms and Conditions
GENERAL TERMS AND CONDITIONS
TERMS OF USE AND ACCEPTANCE OF THESE CONDITIONS
1. These general conditions for UPFshop used along with the commercial terms of contract and/or the specific conditions that may be established, aim to regulate the information available to users and the commercial relationships established between UPFshop and these users.
2. If a person browses the website and/or uses the services included in UPFshop, he/ she becomes a user.
Either browsing UPFshop or using and/or purchasing any of its products implies the fully unreserved acceptance as a user of all the terms and conditions of use, the general conditions of contract governing the purchase of products or the services rendered, and the specific conditions, if any, governing the purchase of products or the services rendered.
3. UPFshop may change these terms and conditions of use and commercial contract set out in Part III and / or the specific conditions in each case, without warning and at any time. Such modifications shall be published in UPFshop so that users are aware before visiting the UPFshop and browse or buy any product offered.
PART I. TERMS OF UPFSHOP USE
These general terms of use are applied to either the commercial activity and provision of information through UPFshop or the purchase of goods and / or services offered on the site in a way that they always govern the simple navigation through UPFshop and the acquisition of goods and / or services; these latter activities being additionally subjected to these general terms and conditions of use and commercial contract terms and any other specific conditions.
1. PERSONAL DATA PRIVACY POLICY
1.1. UPFshop has a special concern for the security and confidentiality of information provided by its customers.
1.2. When a customer logs onto the secure UPFshop server or places an order, his/her personal and payment data are added to the UPFshop database which are only used for processing the order.
1.3. UPFshop ensures confidentiality of the data provided by clients and guarantees that under no circumstances will it be disclosed to other companies.
For more information, see the section on Privacy.
2. COPYRIGHT AND TRADEMARK. PROHIBITION OF LINKS
2.1. All contents of UPFshop, especially trademarks, logos, trade names, designs, text, graphics, button icons, software or anything else which may be of use in industrial and commercial property are subject to intellectual and industrial UPFshop rights or third parties authorized in the online system.
2.2. Under no circumstances should the concession of any authorisation, declination, partial assigment or total transfer of such rights or any right or expectation of rights, especially rights concerning alteration, reproduction, distribution or public communication of these contents be understood as granted without the previous express authorization of UPFshop or the corresponding members.
2.3. You can not establish a UPFshop link from any other website without the express prior consent of UPFshop.
3. UPFSHOP RESPONSIBILITY
3.1. UPFshop only responds to damages that the user may have as a result of using UPFshop when such damages are attributable to a misconduct of UPFshop. You acknowledge and agree that the use of UPFshop as well as the acquisition of products offered are at your risk and your own responsibility.
3.2. UPFshop is not responsible for any damages that may result from:
(I) Inferences, omissions, interruptions, computer viruses, faults and / or disconnections in the operation of the system or appliances and computers of the users due to causes beyond UPFshop’s control that prevent or delay the provision of services or navigation systems.
(II) Delays or blockages caused by deficiencies, internet overloads or other electronic systems.
(III) Problems caused by third parties through unlawful interference beyond the control of UPFshop that are not attributable to UPFshop.
(IV) Inability to provide the service or allow the access for reasons not attributable to UPFshop caused by the user or third event of force majeure.
3.3. In general terms, UPFshop does not control the use that users make of UPFshop. In particular, UPFshop in no way guarantees that users may use the service in accordance with the law, the general conditions of morality, generally accepted good customs and public order; nor that they do so diligently and prudently.
4. USER OBLIGATIONS
4.1. In general, the user is required to accomplish these general terms and specific conditions, if any, as well as the special warnings or instructions for use containing or establishing UPFshop, thus, preventing UPFshop being used in a way that can spoil or damage its normal function, property or rights, UPFshop suppliers, or any other user.
4.2. Specifically, without implying any limitation of the obligation assumed by you as a user in accordance with the preceding paragraph, when you use UPFshop or any of its services you are required to:
(I) If you are registered, provide authentic data and keep it updated.
(II) Not enter, store or disseminate at UPFshop or from the same platform any information or material being defamatory, obscene, threatening or xenophobic to incite violence or discrimination based on race, sex, religion or ideology, or which may somehow offend morality, public order, fundamental rights, civil liberties, honor, privacy or image of third parties and, in general, against regulations.
(III) Not enter, store or transmit through UPFshop, any computer program, data, viruses, code, hardware, or telecommunications equipment, nor any other electronic instrument or physical device that is capable of causing damage to UPFshop services, equipment, systems, networks, users, distributors or any third party. Otherwise it may cause disruption or possible malfunction.
(IV) Adequately safeguard the username and password that UPFshop confirms to users as a facilitator element for identification and access to services, and not allow its use or allow third parties to access it, assuming liability for damages that may result from improper use of these. The user is also commited to inform UPFshop of the loss or theft by a third party or any problem with your username and / or password, as soon as possible.
(V) Not carry out advertising, promotional or commercial exploitation activities through UPFshop, and use the contents and ,in particular, the information obtained through UPFshop to send advertising messages for direct selling purposes or any commercial purpose, or to collect or store personal data of third parties.
(VI) Abstain from using false identities or impersonating other user’s identity or any of its services, including the use of passwords or access codes to third parties.
(VII) Not destroy, alter, use for personal use, disable or damage data, information, programs or electronic documents from UPFshop, its suppliers or third parties.
(VIII) Not enter, store or transmit through UPFshop any content that infringes intellectual property rights, industrial or commercial secrets of third parties, or any content you do not have a right to make available to third parties in accordance with the law .
5. COMMUNICATIONS
For the purpose of carrying out these terms and conditions, if any necessary communication between the user and UPFshop is needed, this should be directed to the Customer Service using the form in "Contact Information."
Communications between UPFshop and the user must be in accordance with the data provided by the user when registering to UPFshop.
You expressly agree the use of your email for all kind of communications relating to the use of UPFshop and / or acquisition of goods, as a valid procedure for submission of such communications.
6. LAW. SUBMISSION TO JURISDICTION
6.1. These conditions are governed by Spanish law, which are applied when the contract contains no provision on the subject of interpretation, validity and performance.
6.2. The parties expressly renounce any other jurisdiction that may be applicable and expressly submit to the Courts and Tribunals of Barcelona for resolving any dispute that may arise in the interpretation or execution of these contractual conditions.
1. GENERAL CONTRACT TERMS AND CONDITIONS.
INFORMATION PRIOR TO CONTRACT
1.1. These general terms and conditions, together with the conditions that may be established, expressly regulate the relations between UPFshop and third parties (henceforth, users) that employ the products offered through UPFshop.
1.2. These General Conditions have been prepared in accordance with the provisions of Law 34/2002, services information society and electronic commerce Law 7/1998 on general conditions of contract, Royal Decree 1906/1999, regulating telephone and electronic contracting with general conditions, which implements Article 5.3 of Law 7/1998, Law 26/1984 (General Law for the Defence of Consumers and Users) Law 7/1996 , to Retail Trade; Royal Decree 14/1999, which regulates electronic signatures, and other laws that can be applied.
1.3. The use and / or purchase of any UPFshop products constitutes acceptance by the user of all General Conditions of contract and the general conditions of UPFshop use, as well as conditions that may govern the acquisition.
1.4. UPFshop reports that the procedures for acquiring goods are as described in these terms and conditions, as well as other specific procedures specified on the screen during navigation so that the user declares that he knows and accepts these procedures as needed to access the products and services offered on the site.
5.1. Any modification and / or correction of the data provided by users during navigation should be included on the site as directed.
2. PRODUCTS OFFERED. PURCHASE SYSTEM
2.1. The products offered by UPFshop along with its features and price, should appear on the screen. Delivery costs are always paid by the user.
The prices are specified in Euros on the screen and they must include current VAT, unless there is a typographical error.
The products offered shall be properly indicated on the screen. At any time , UPFshop reserves the right to decide on the content of products to be offered to you via UPFshop.
If no other disposition is determined, UPFshop can keep adding new products at any time, the new products being governed by the provisions of the general conditions that are valid at that moment.
2.2. For the acquisition of products UPFshop prompts the users over 18 to register, so you must follow and execute the instructions and any other steps that may appear on the UPFshop screen:
(I) Fill in the electronic forms that appear at UPFshop by following the instructions.
(II) Click on the icon / ACCEPT button.
(III) You will receive registration approval in your e-mail account . The username and password that you provide UPFshop are for identification purposes, accessing and making purchases, being personal and not transferable. You can not change the username, but you can change the password. In this case, the modified keys lose their validity.
2.3. Once registered, you can purchase goods by adding the product/s to your shopping basket according to the directions contained on the screen. Fill in the order form and send it to UPFshop, which involves the reading and the irrevocable acceptance of all terms and conditions and specific conditions that may exist.
It is considered that the purchase is made at UPFshop.
2.4. Once you submit your order, the Department of Customer UPFshop will send you an email message containing the purchase receipt in a brief period of time, no later than 24 hours after the execution of the purchase
Thus, you can request the corresponding invoice and UPFshop will send it to you. The order confirmation and the purchase receipt are invalid as an invoice. Purchase prices are valid at the time you submit the order.
2.5. UPFshop reserves the right to cancel your username and password and ,thus, access to UPFshop whenever you have unpaid balances with debtors or UPFshop.
3. PAYMENT, DELIVERY OF ORDERS AND RETURN POLICY
3.1. The payment of goods must be by credit card through the secure UPFshop server. To ensure maximum safety for users, UPFshop reserves the right to request your identification documents and payment method before the delivery of the order.
3.2. UPFshop is committed to deliver the goods at the address you highlight in the order form on time, according to the delivery method established at the time of purchase.
3.3. You have a period of seven working days to resolve the transaction without incurring any penalty or expense.
The seven working days established in the previous paragraph is counted from the date you receive the goods purchased.
We assume you already know the return policy rights since entering UPFshop or placing an order requires reading and accepting these terms and conditions.
Returns of orders must be made through Customer Service, using the form in "Contact Information". Once the order is collected at the UPFshop address and the conditions of the goods verified, the amount received will be returned to the user’s account within a period not exceeding thirty days.
The product must be clearly marked with the return number provided by customer service.
If the product is defective and has not been used or damaged by causes attributable to customer / buyer, UPFshop is responsible for replacing it at no cost as soon as possible.
If the product is damaged upon delivery you can make a complaint by sending an email to customer service: using the form in "Contact Information" within 24 hours from the time of receipt.
After this period, UPFshop is not responsible for any claims for this reason. UPFshop has complaint forms for consumers (according to Decree 152/2001 of 13 September 2005).
4. LAW. Submission to Jurisdiction
4.1. This contract is governed by Spanish law, applied when the contract contains no provision on the subject of interpretation, validity and performance.
4.2. The parties expressly renounce their jurisdiction and expressly submit to the Courts of Barcelona to resolve any dispute that may arise in the performance of these contractual conditions.