Terms and conditions of use

OBJECT AND GENERALITIES 

These General Conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the website www.proofwear.com (hereinafter "the Website"), of which PROOF WATERWEAR S.L. (hereinafter PROOF) and address at Calle Arcaute 3, 28022 (Madrid) is the owner.

Through its website www.proofwear.com, PROOF provides information about its products and offers the possibility of its acquisition. Due to the content and purpose of the Website, people who want to benefit from their services must have the status of "Customer", which is acquired by completing the registration form and following the steps that PROOF subsequently communicates through email.

The condition of Customer implies adherence to the Terms of Use, the version published at the time the Website is accessed. In any case, there are pages of the Website accessible to individuals or legal entities that fail to register or initiate a product purchase (hereinafter, "Users"). In this sense, Users who access these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, to the extent that this may be applicable.

CONTACT: For any type of doubt, question or suggestion, you can send us your comments by email to: info@proofwear.com

PRODUCT INFORMATION

The information given on each product, as well as the photographs or videos related to them and the commercial names, brands or distinctive signs of any kind contained on the PROOF website, are displayed at www.proofwear.com. as a guide. 

PRICES

All the prices of the products indicated through the website include VAT and any other taxes that may correspond. However, these prices do not include the expenses corresponding to the shipment of the products, which are detailed separately and must be accepted by the Client.

AVAILABILITY

PROOF informs the Client that the number of available units is kept up-to-date with the stock in storage and availability by our suppliers.

Under no circumstances will PROOF intentionally sell more units than it has or have been reserved by the supplier. 

PROOF will do everything possible to please all its Customers in the demand for the products. However, at times, and due to causes that are difficult to control by PROOF such as human errors or incidents in the computer systems, it is possible that the quantity finally served by the supplier differs from the order made by PROOF to satisfy the orders of the Clients. In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order.

The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If, as a result of this cancellation, the client wants to return the delivered product, he must follow the stipulations in the Return section.

PAYMENT

The Customer agrees to pay at the time the order is placed. At the initial price shown on the website for each of the products offered, the corresponding fees will be added to the relevant shipping costs. In any case, said rates will be previously communicated to the Client before formalizing the purchase itself. The ticket or proof of purchase corresponding to the purchase order will be sent by email upon receipt of the payment of the order. The Customer must pay the amount corresponding to his order by payment through credit or debit card (Visa, Mastercard, Visa Electron and / or other analog cards), or PayPal. The Client must notify PROOF of any undue or fraudulent charge on the card used for purchases, by email or by telephone, in the shortest possible time so that PROOF can carry out the necessary procedures.

SECURITY PROOF

PROOF has the highest security measures commercially available in the sector. In addition, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Client's computer and the Website. In this way, using the SSL protocol guarantees:

That the Client is communicating his / her data to the PROOF server center and not to any other one that tries to pass itself through it. That between the Client and the PROOF server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

FORMALIZATION OF ORDERS

Once the order has been formalized, that is, with the acceptance of the Terms of Use and the confirmation of the purchase process, PROOF will always send an email to the CLIENT confirming the details of the purchase made.

CANCELLATION OF ORDERS

PROOF will accept cancellations of orders when they are requested before sending it. To make the cancellation you must request it by sending an e-mail to info@proofwear.com.

DEADLINES, PLACE OF DELIVERY AND EXTRAVIOS

I. Delivery of the product

PROOF undertakes to deliver the product in perfect condition at the address indicated by the Customer in the order form, which in any case must be included in the Distribution Territory. In order to optimize the delivery, we thank the Client for indicating an address in which the order can be delivered during normal business hours.

PROOF will not be responsible for errors caused in the delivery when the delivery address entered by the Customer in the order form does not conform to reality or have been omitted.

II. Delivery term

Shipments will be made through a courier company. The order made by the customer, will be delivered within a maximum period of 4 working days from when they confirm it.

These deadlines are means, and therefore an estimate. Therefore, they may vary due to logistical reasons or force majeure. In cases of delays in deliveries, PROOF will inform its clients as soon as it becomes aware of them.

Each delivery is considered completed from the moment in which, the transport courier company makes the product available to the customer.

III. Delivery Data, Undelivered Deliveries and Lost

If at the time of delivery the customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. PROOF contracts, as part of the courier delivery service, the performance of a series of follow-up actions, aimed at guaranteeing that delivery occurs.

If after 7 working days after the delivery to the delivery of the order has not been agreed delivery, the customer should contact PROOF. In case the client does not proceed like this, after 10 business days from the departure to delivery of the order, it will be returned to our warehouses and the customer will be responsible for the shipping and return to origin of the merchandise, as well as of possible associated management expenses.

If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range between one and three weeks.

IV. Diligence in the delivery

The Customer must check the good condition of the package before the carrier that, on behalf of PROOF, makes the delivery of the requested product, indicating on the delivery note any anomaly that could be detected on the packaging. If, subsequently, once the product has been reviewed, the Customer should detect any incident such as blow, breakage, signs of having been opened or any damage caused to it by the shipment, the latter undertakes to notify PROOF via email in the shortest period of time possible, before the next 24 hours from delivery. As of that moment, incidents of this type will not be addressed.

RETURN

I. Return procedure

All products purchased in PROOF may be returned and refunded, provided that the Customer communicates to PROOF their intention to return the product / s purchased within a maximum period of 14 calendar days from the date of delivery and that comply with the rest of the conditions established in this section.

PROOF will only accept returns that meet the following requirements:

The product must be in the same condition in which it was delivered and must retain its original packaging and labeling.

The shipment must be made using the same box in which it was received to protect the product. For the case that can not be done with the box with which it was delivered, the Customer must return it in a protective box in order that the product reaches the warehouse of PROOF with the maximum possible guarantees.

With the aim of providing Customers with the return process and being able to correctly monitor it, PROOF establishes the only return procedure established by PROOF. If the reason for the return is attributable to PROOF (the product is defective, it is not the one you requested, etc.), the amount of the refund will be refunded. If the reason is different (the products were served correctly but are not to your liking), the return of the product will not be allowed. 

To proceed with a return, the following steps must be followed:

Inform before 14 calendar days from receipt that the product wants to be returned. The information can be made via email to info@proofwear.com. PROOF will request a pick up at the same address where the product was delivered.

II. Refunds to the CUSTOMER

The return of the products will result in a refund equal to the cost of the returned products minus the shipping costs.

Refunds and partial cancellations will result in partial refunds.

PROOF will manage the return order under the same system that was used for the payment within 3 days from the arrival confirmation to the warehouse of the returned order. The application of the refund in the Client's account or card will depend on the card and the issuing entity. The application period will be up to 15 days for debit cards and up to 30 days for credit cards.

INTELLECTUAL AND INDUSTRIAL PROPERTY 

PROOF holds all the rights on the content, design and source code of this Web page and, especially, with an enunciative but non-limiting character, about texts, logos, designs, brands, trade names and data included in the Web.

Clients and Users are warned that such rights are protected by current Spanish and international legislation regarding intellectual and industrial property.

Likewise, and without prejudice to the foregoing, the content of this website is also considered to be a computer program, and therefore, all applicable Spanish and European Community regulations on the subject also apply. It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express written permission of PROOF. 

Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that implies an infringement of the current Spanish regulations and / or internationalization in matters of intellectual and / or industrial property, as well as the use of the contents of the Web if it is not with the prior express and written authorization of PROOF.

PROOF informs that it does not grant any license or implicit authorization on the rights of intellectual and / or industrial property or on any other right or property related, directly or indirectly, with the contents included in the Web. Only the use of the contents of the web domain for information and service purposes is authorized, provided that the source is cited or referenced, and the user is solely responsible for the misuse of the same.

ACCESS AND STAY ON THE WEB. OUR CONTENTS

The Clients and Users are fully responsible for their conduct, when accessing the information on the Web, while they are browsing it, as well as after they have accessed it. 

As a result of the foregoing, Clients and Users are solely responsible to PROOF and third parties for: The consequences that may arise from a use, for purposes or effects illicit or contrary to this document, of any content of the Web, developed or not by PROOF, published or not under his name officially.

As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the website or its services or prevent normal enjoyment by Other users. 

PROOF reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as denying access to the Website to Clients and Users that misuse of the contents and / or breach any of the conditions that appear in this document.

PROOF informs that it does not guarantee:

That the access to the Web and / or to the Web of link is uninterrupted or free of error. That the content or software to which Clients and Users access through the Web or the linking Webs does not contain any error, computer virus or other elements in the contents that may produce alterations in their system or in electronic documents and files stored in your computer system or cause another type of damage. The use of the information or content of this Web or link Webs that Clients and Users could make for their personal purposes.

The information contained in this web page must be considered by the Clients and Users as informative and guiding, both in relation to its purpose and its effects, reason why: PROOF does not guarantee the accuracy of the information contained in this Website and by Therefore, they do not assume any responsibility for possible damages or inconveniences for Users that could arise from any inaccuracy present on the Website.

OUR RESPONSIBILITY

PROOF does not assume any responsibility derived, by way of example but not limited to:

Of the use that Clients or Users may make of the materials of this Website or link websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the contents of the Website or third parties.

Any damages and losses to Clients or Users caused by normal or abnormal functioning of search tools, organization or location of content and / or access to the Web and, in general, of errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program facilitates to the User. 

The contents of those pages that Clients or Users can access from links included in the Website, whether authorized or not.

Of the acts or omissions of third parties, regardless of whether these third parties could be linked to PROOF through contractual channels.

The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors in their charge or to install some of the control tools of the Internet use with the object of avoiding (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.

Communications or dialogues in the course of debates, forums, chats and virtual communities that are organized through or around the Web and / or link websites, nor respond, therefore, any eventual damages and prejudices suffered Clients or private and / or collective users as a result of said communications and / or dialogues. 

PROOF will not be responsible in any case when they happen:

Errors or delays in accessing the Website by the Customer at the time of entering their information on the order form, the slowness or inability of reception by the recipients of the order confirmation or any anomaly that may arise when you are Incidents are due to problems on the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of PROOF.

Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operative.

Of the errors or damages produced to the website by an inefficient use of the service and in bad faith by the Client.

Of the non-operability or problems in the email address provided by the Client to send the order confirmation. In any case, PROOF is committed to solve any problems that may arise and to offer all the necessary support to the Client to arrive at a quick and satisfactory solution of the incident.

Likewise, PROOF has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service.

PROOF reserves the right to modify the conditions of application of the promotions, to extend them by duly communicating it, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the promoters same.

PRIVACY POLICY

Clients and Users agree to browse the website and use the content in good faith.

In compliance with the provisions of Organic Law 15/1999, of Protection of Personal Data, we inform you that the completion of any existing form on the Website www.proofwear.com or the sending of an email to any of our mailboxes implies the acceptance of this privacy policy, as well as the authorization to PROOF to treat the personal data you provide, which will be incorporated into the file, owned by PROOF, registered in the General Registry of the Spanish Agency for Data Protection. 

Customer data will be used to send the sales of PROOF's sales and to deliver the purchases through email.

By the mere visit to the Web, Users do not provide any personal information or are obliged to provide it.

PROOF undertakes to keep the maximum reserve and confidentiality on the information provided to it and to use it only for the purposes indicated.

PROOF presumes that the data has been entered by its owner or by a person authorized by it, and that they are correct and accurate.

It is up to the Clients to update their own data. At any time, the Customer will have the right of access, rectification, cancellation and opposition to all their personal data included in the different registration forms. In order to modify or update your personal data, the Client must access www.proofwear.com to the "My Account" section. To cancel your account write an email from the email of your account to info@proofwear.com with the subject "Cancel account". 

Therefore, the Client is responsible for the veracity of the data and PROOF will not be responsible for its inaccuracy of the personal data of the Clients. In accordance with the legislation in force regarding data protection, PROOF has adopted security levels appropriate to the data provided by Clients and, in addition, has installed all means and measures at its disposal to prevent loss, misuse, alteration , unauthorized access and extraction of them.

NULLITY

In case any clause of these Terms of Use is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Terms of Use.

PROOF may not exercise any of the rights and powers conferred in this document which will not imply in any case the waiver of the same unless expressly recognized by PROOF or prescription of the action that corresponds in each case.

MODIFICATION OF THE CONDITIONS OF USE

PROOF reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, PROOF recommends that the Client read them carefully each time he accesses the Website. Clients and Users will always have these Conditions of Use in a visible place, freely accessible for any queries they wish to make. In any case, acceptance of the Terms of Use will be a preliminary and essential step to the acquisition of any product available through the Website.

APPLICABLE LAW AND ARBITRATION 

These Terms of Use are governed by the Spanish legislation applicable in the matter. To resolve any controversy or conflict arising from these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Madrid, unless the law imposes another jurisdiction.