These Hiring Conditions (hereinafter, General Conditions) regulate the purchase process of the products offered by Miguel Fernández Suela (hereinafter VU&VU) in the catalog available on its website www.vuyvu.com.
The General Conditions bind VU&VU and the buyer (Customer), granting them a series of rights and obligations, from the moment that the customer places and accepts an order through the aforementioned page. They are mandatory for both parties and must be known and accepted upon registration as a Customer in order to formalize an order. Therefore, the Customer must carefully read these conditions.
These General Conditions will be governed by the provisions of the current legal regulations.
1. Parties involved
Owning company:
Name: Miguel Fernández Suela, VAT: 04860658E, Registered address: Avenida del Fresno 53 - La Fresneda - Toledo - Spain.
Customer:
Any user of the website www.vuyvu.com who places an order and accepts it at the time of placement will be considered a Customer.
The Customer must register as such and provide the following mandatory data in order to place an order: name and surname or company name, VAT/Tax ID, billing address, delivery address, contact telephone number and email address. At this point, the Customer must accept these General Conditions.
The data provided by the Customer will be processed in accordance with the provisions of the Terms of Use of the website (section "Terms").
2. Object of the contract
The purchase of the products offered by VU&VU on its website by the Customer. These are products intended for private consumption.
3. Offer process
The offer is limited to the products that appear on the website www.vuyvu.com, and is valid for purchases worldwide.
Each product has a record that includes the technical characteristics of the product, the brand, the model, digital representation images (which may vary in the final product in shape and color depending on the monitor on which they are displayed), the sale price with VAT included in Europe and the availability period for shipment and delivery to the Customer.
The total cost of the order will be communicated to the Customer at the time of order placement and prior to its acceptance.
The price of the products is the one that appears on the website at the time of placing the order.
4. Acceptance of the offer
It occurs at the moment in which the Client gives express consent to the placed order. Previously, upon registering as a Client, they must have accepted the General Conditions.
5. Payment of orders
There are various payment methods available for the Client to choose from.
The total amount will be equal to the sum of the prices of all the products plus shipping charges, additional services, or payment methods with separate commission charges.
6. Delivery of orders
The delivery times of orders depend on the availability of the product or products that make them up, which is indicated in the description of each product in the catalog of the website www.vuyvu.com. The availability times, for the purpose of calculating the delivery time of orders, will be those advertised on the website at the time the order is placed by the customer.
However, this availability time may be modified in the event of simultaneous orders for the same product or products that result in the depletion of the product's stock. The new delivery time will be notified to the customer as soon as possible. If the product is permanently out of stock, the customer will be notified to choose between selecting a different product with similar characteristics and a similar price to the out-of-stock product, or canceling the order and receiving a refund.
Delivery times are always approximate and never guaranteed, and therefore they will never be a valid reason for rejecting the package, canceling the purchase, or requesting a refund of the shipping costs. The customer understands and accepts this.
Orders not delivered to the customer due to reasons not attributable to VU&VU will be returned to VU&VU, and the customer will have the option to resend the order by paying the estimated shipping costs of €5. If there is no response from the customer within 30 days, the purchase will be canceled without any claim for the money paid, damages, present or future, direct or indirect.
The delivery will be made to the mailbox of the delivery address indicated in the shipping details of the order. Any subsequent modification of this address may result in additional costs charged to the customer.
Orders consisting of several items may be sent separately in several shipments if VU&VU deems it appropriate.
In addition, with each order, VU&VU will send the customer a purchase invoice by email.
If, at the time of delivery, it is visibly and clearly evident, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage during transport, the customer must indicate this on the delivery note and notify VU&VU within 24 hours of receiving the order to initiate the return of the affected product and its replacement with a new one.
Defects in the product caused by transport that are only noticeable after unpacking the product must be reported within the first 24 hours of receiving the order, indicating the damage caused to the product and requesting the return of the affected product and its replacement with a new one.
7. Order Cancellation
Order cancellations will only be accepted if your order has not yet been prepared or shipped.
It is the Customer's responsibility to ensure that the requested product is the one they want, and in case of doubt, it is the Customer's obligation to contact VU&VU to inquire about the product before purchasing.
If the purchase, once shipped, is refused or not collected by the Customer for reasons outside of VU&VU's control, VU&VU may claim the return shipping costs.
8. Product warranty
The legal framework of warranty (Law 23/2003, of July 10, on guarantees in the sale of consumer goods) aims to provide the customer with different options to demand redress when the purchased good is not in conformity with the contract, giving them the option to demand repair or replacement of the good, unless this is impossible or disproportionate. When repair or replacement is not possible or unsuccessful, the consumer may demand a price reduction or contract resolution. Products have a 3-year warranty from the date of receipt of the shipment. The manufacturers of the products are solely responsible for the warranty and for providing the necessary technical assistance and after-sales service.
Therefore, VU&VU will respond to the customer for any lack of conformity that exists at the time of delivery of the products in the order, understanding these as tangible goods intended for private consumption.
VU&VU's legal warranty is 36 months as a manufacturer and the extended limited warranty as a brand is lifetime. In case of breakdown of one of these products, VU&VU will provide the customer with the address to send it for repair or replacement. The cost of this return will be borne by the customer in any case.
If the defect arises during the first 24 months from the delivery of the good, it is presumed that the anomaly already existed when it was purchased, and the consumer does not have to prove anything.
However, when the lack of conformity manifests itself after 24 months and in doubtful cases, the manufacturer may require an independent expert report to process the warranty. In obvious cases of malfunction or irregular operation during the warranty period, there is no problem.
In any case, during the time that the consumer is deprived of the product, the warranty period is suspended; for example, if the repair of an object lasts 15 days, the warranty period will end 15 days after the originally planned date.
To be able to deal with this warranty, the customer must contact VU&VU, indicating: the name of the purchaser, the order number, and the reason for the non-conformity.
If it is necessary for you to send your product for review, you will be provided with the shipping address and RMA number. The shipping costs will be paid by the customer. Along with the damaged item, you must include a copy of the purchase invoice and the warranty contract correctly signed by Technical Support. If a damaged component is received due to poor packaging, we will not be responsible for such repair, notifying the problem to the customer and resolving it directly by the customer and the transport agency. Any material that does not meet these characteristics will be returned at the customer's expense, even if the material complies with other parts of the warranty. If you choose a shipping method without insurance and the package is lost, the customer will be responsible for the loss.
· Warranty process.
a) If, upon receipt of the product, it is found that the breakdown is covered by the warranty conditions, once repaired or replaced, it will be returned to the customer free of charge.
- Repair or replace. The first thing to do is to send the product for repair or replace it with a new one. The choice rests with the seller, who will decide based on the costs generated by each option: if one of them is disproportionate compared to the other, the seller may choose the most convenient one for their interests, as long as it does not cause greater inconvenience to the consumer. If the same item is not available, it will be replaced with an item of equal or superior performance, always informing the customer and obtaining their prior acceptance, and provided that the customer's request is not disproportionate, as indicated in Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods (BOE no. 165, of 11-07-2003).
- Price reduction or contract resolution. When it is not possible (or reasonable) to replace the product with a new one, when repair or replacement are not enough to bring the product into conformity, when the time frame is excessive, the consumer may choose between asking for a price reduction or contract resolution (provided that the lack of conformity is significant).
VU&VU, for reasons beyond the company's control, does not commit to delivering the claimed product within a specific timeframe, which will be communicated to the customer and set by the wholesaler or manufacturer.
b) If, upon receipt of the product, it is found to be working perfectly, it will be returned to the customer, who will have to pay for the transportation costs incurred, as well as handling and inspection fees, estimated at a total amount of 10€.
c) If, upon receipt of the product, it is found that the equipment failure violates the warranty conditions, the warranty will be void. The article will be returned to the customer, who will have to pay for the transportation costs incurred, as well as handling and inspection fees, estimated at a total amount of 10€.
Once the product has been sent for review, any estimated costs of 5€ for changes of address or re-shipments, either at the customer's request or due to incorrect information provided in the order, will be borne by the customer.
If a package is returned due to an incorrect address, absence, failure to collect, or rejection, the customer will be notified when we receive it in our office to choose what they want to do with it. If a new shipment is requested, the customer will have to pay 5€ as a shipping fee. They will have one month from our notification to agree on a resolution, and after this time, without a response, it will be considered that they are no longer interested in the purchase and forfeit their items and the amount paid for them.
· Warranty cancellations.
Warranty claims will not be accepted when products have been used improperly or not in accordance with their characteristics by the customer.
The products are excluded from warranty for the following reasons:
- Improper use, manipulation, or maintenance of equipment or components by the customer.
- Burned components.
- Broken or damaged components subjected to impact.
- Incorrect repair or modification by the customer.
- Malfunctions caused by improper use or outside of the specified environmental conditions, defects in installation, or wear due to normal use.
- Damage caused by disasters such as fires, floods, wind, earthquakes, or storms.
- Aesthetic damage or scratches on plastic materials.
- Damage caused by impact with other objects, falls, spills of liquids, or immersion in liquids.
- Malfunction as a result of manipulations carried out by unauthorized technicians, as well as modifications or subsequent expansions not included in the original configuration.
- Errors related to configuration errors or component incompatibilities.
- Damage from accidents, abuse, improper use, or inappropriate applications.
9. Right of return
The Customer is entitled to return the order within a period of 14 business days from the receipt of the same, as stipulated in Article 44 of Law 7/1996, of January 15, on Retail Trade Management, except for goods made according to the Customer's specifications or clearly personalized, or that due to their nature, cannot be returned or may deteriorate or expire quickly.
Our phone cases are manufactured after the Customer's order, who personalizes it by choosing their device and design, so being a product made according to the Customer's specifications, this product cannot be returned.
For other types of products, the Customer must notify VU&VU of their return within that period of 14 days. In this way, the return procedure for the order (return number and delivery address) can be indicated to the Customer. Outside of this period, order revocations will not be accepted.
All merchandise must be returned in its original packaging, in perfect condition. The Customer must adapt and take the necessary measures to protect and package the product for shipment to our warehouses. Otherwise, VU&VU reserves the right to reject the return.
The Customer will be responsible for the direct cost of returning the product to VU&VU. Only in the event that the return is due to a shipping error or other reasons attributable to us, we will bear the shipping costs. We do not accept any returns with postage due. The customer will be responsible for any damage caused during the return transport of the product.
When the Customer has exercised the right of return or resolution, once the merchandise has been received and it has been verified that it is in perfect condition, VU&VU will be obliged to refund the amounts paid by the Customer less shipping costs, payment commissions, return costs such as bank commissions, plus processing and cancellation costs estimated at 5€. The return of these amounts will be made as soon as possible and, in any case, within a maximum period of thirty days from the return or resolution.
10. Customer Obligations
Read these General Conditions prior to registering as a Customer.
Respect the General Conditions once the order has been accepted.
Pay the agreed prices at the time of placing the order.
11. VU&VU Obligations
Deliver the product in good condition to the designated shipping location.
Respect the price of the orders agreed upon at the time of their placement.
12. Customer Rights
Receive the products that make up their order in perfect condition.
13. VU&VU Rights
Receive payment for orders.
Modify the prices established on their website for their products.
Modify the delivery times of the product depending on their availability.
Cancel orders due to non-payment by the Customer.
Cancel the website without prior notice.
14. Notifications
For the purposes of notifications, requirements and writings of any kind arising from this contract, the address of VU&VU indicated in these General Conditions will be understood as the domicile.
15. Validity of clauses
Even if the invalidity of a clause of this contract or any of its parts is decreed, the rest of the clauses or their parts will remain valid and in force.
16. Applicable regulations
These General Conditions are governed by current Spanish regulations, specifically by the Civil Code, Law 26/84 of June 19th on General Consumer and User Defense, Law 7/98 of April 13th on General Conditions of Contracting, Law 7/96 of January 15th on Retail Trade Regulation, Directive 2000/31/EC of the European Parliament and of the Council of June 8th, Law 34/2002 of July 11th on Information Society Services and Electronic Commerce, Law 23/2003 of July 10th on Consumer Goods Guarantees and the regulations that develop them.
17. Ownership of this Website
This Website is owned by VU&VU. All rights to its content, images, texts, design, and software are owned by VU&VU.
All elements of this Website, including without limitation, its design and content, are protected by Intellectual Property laws, Industrial Property laws, and international treaties related to Copyright. Some of the logos included on this site are trademarks or registered trademarks of their respective companies, and their use is conditioned by law. The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained on this page in an illicit manner or that transgresses morality, honor, or privacy, will correspond exclusively to the user, exempting VU&VU in any case from any liability that may arise from such conduct. The purchase of any product or service from VU&VU does not imply legal authorization for the use of the specific logo or trademark. If you are the owner of any of the trademarks, logos, or images displayed on this site and do not want them to be shown, please let us know.
18. Use of Content
Unless explicitly authorized by VU&VU, you may not reproduce, transmit, or exploit the content of this Website in any way.
19. Responsibilities
Although VU&VU makes every effort to ensure the accuracy and precision of the content on this Website, it may contain errors or inaccuracies. Therefore, we do not guarantee the truthfulness, reliability, or accuracy of its content.
VU&VU disclaims any responsibility for the information contained on third-party websites connected by links to the VU&VU Website.
Under no circumstances will VU&VU be liable for any damages or harm of any kind arising from or in connection with the use of this Website.
You shall indemnify VU&VU against any damage or harm resulting from your breach of these terms or the use of the content of this Website without prior authorization.
20. Severability
If any provision of these terms is or becomes invalid or unenforceable under applicable law, that provision shall be deemed void, but only to the extent of that precise invalidity, and shall not affect any other provision of these terms.
21. Applicable Law and Jurisdiction
These General Conditions must be interpreted and governed by the current Spanish law. Any dispute arising from these conditions must be resolved before the courts of Toledo, Spain. However, this will not prevent VU&VU from exercising the right to resolve any dispute in another competent jurisdiction.
22. Modifications
VU&VU reserves the right to change the content of this Website at any time and without prior notice.
23. Fully guaranteed Privacy
Organic Law 15/1999, of December 13, on the Protection of Personal Data. Personal data collected will be subject to automated processing and incorporated into VUYVU's data files, which are responsible for their maintenance and use.
The Customer guarantees that the Personal Data provided to VU&VU is correct and assumes responsibility for communicating any changes to it. The data owner may exercise the rights of access, rectification, and, if applicable, cancellation.
