GENERAL CONDITIONS OF SALE OF WEELKO BARCELONA, S.L. (NAGGURA)

1. Legal terms related to the purchase

1.1. Scope.- These General Conditions of Sale regulate the purchase of “NAGGURA” products offered by WEELKO BARCELONA, S.L. to the customers who buy them through the website www.naggura.com (hereinafter, “Website”).

1.2 About WEELKO BARCELONA, S.L.- WEELKO BARCELONA, S.L. (hereinafter “the Seller”) is a company located in Berga (08600), Camí Garreta, 92 with the CIF number B-65.397.556, dedicated to the sale of equipment for the professional use of beauty, SPA and wellness, physiotherapy, podiatry and hairdressing sectors. Among the products offered by the Seller, “Naggura” products can be found, consisting in technical, multifunctional and comfortable treatment tables designed to meet the needs of any professional (hereinafter “Product”).

1.3 Place of purchase for legal purposes.- The purchasing system complies with current Spanish legislation. Therefore, all sales transactions will be understood as carried out at the legal address of the Seller, mentioned hereinbefore.

1.4 Limitations and Restrictions.- Our online shop offers a wide variety of products which can be delivered throughout the Spanish territory and the European Union. It is advisable to verify the restrictions of the country of destination for a certain type of goods.

These General Conditions of Sale are not intended for end-users and under no circumstance the Royal Legislative Decree 1/2007 of November 16th is applicable to them, approving the Codified Text of the General Law for the Consumers and Costumers Defence and other existing provisions. Consequently, when contracting with the Seller, the Customer declares, under his own responsibility, that he does not have the status of end-user, but he is acting for purposes relating to his own trade, business, craft or profession.

These General Conditions of Sale apply exclusively. Therefore, any of the terms and conditions contravening those contained in these Conditions, along with any verbal or written agreement which may modify them will not be applicable, unless expressively agreed in writing by “the Seller”.

These General Conditions of Sale shall apply to all orders accepted by the Seller, as well as the corresponding quotes and offers accepted by the Customer, which will be automatically converted into a Contract between the two parties, starting from the date of its acceptance.

The Seller reserves the right to update and/or modify the information contained in these General Conditions, at any time and without prior notice, therefore the customer is recommended to regularly check them.

1.5 Waiver.- The failure of the Seller to exercise his rights at a particular time, in the event of a failure to comply with these General Conditions or breach of his rights by the users of his Website, shall not constitute a waiver of such rights. He can exercise his legal rights at the moment he considers best.

2. Acceptance of the purchase conditions

The purchase of products through this Website will require that you accept these purchase conditions in full and without any reservations. This Website will explain you how to do it throughout the purchase process.

The acceptance of these purchase conditions implies that you, as a user of the Website, acknowledge:

If you are placing an order on behalf of a company, you are sufficiently authorised to act on its behalf and representation, to all intents.

That you have read these purchasing conditions and you understand and accept their terms.

That you accept the obligations under these purchase conditions.

3. Product choice

The Customer is solely responsible for the Product choice, as well as for its intended use and function. The Seller shall not be responsible nor guarantee the Product is suitable for the technical applications sought by the Customer, or to achieve, in whole or in part, the objectives pursued by the Customer when making his purchase. It is the responsibility of the Customer to verify that the correct reference is included in the quotation.

All references on the part of the Seller to the technical specifications of the Product correspond to the most recent specifications published by the Seller.

When choosing the Products, please consider that:

-Wood parts may be subject to slight variations in colour due to natural factors (such as wood grains, drying, ageing, etc.).

-The colours of the illustrations contained in the catalogue should be viewed as indicative and are non-binding.

-To clean the upholstery in Skay or PU, no specific procedure is needed. Normal dirt is removed simply with a damp (not dripping) soft cloth. Do not use abrasive detergents or solvents.

4. Purchasing process

4.1-Steps to place an order

Find your Product.- Access the Website from any computer, tablet or smartphone and enter into the main menu. From there you will be able to choose the language, access to your user account (if you have created one) and see the different products offered.

When you have located the products of interest, further information can be found by clicking on their images and a specification sheet with the detailed characteristics will be displayed.

The price of the products offered in the Website does not include Value Added Tax (VAT) or any other taxes which might be applicable and it is always expressed in Euro (€).

Add products to the shopping cart.- To add products to the shopping cart, select the number of units of the product that you wish to buy and press Add to Cart from any product page.

At all times, before finalising the order, a summary of the products added to cart can be displayed and, if you wish, before finalising the order, you will be able to:

Delete products: Click on the trash icon on the right side of each product. The item will be removed from the cart.

Change the quantity of ordered products: Position the cursor on the arrows appearing on each product and press (+) or (-) depending on whether you want to add or reduce the quantity of ordered products. The quantity will change according to your choice.

Add more items: Press the button Continue shopping and follow the instructions above to add products to the cart.

Product substitution. – It may happen that some of the selected products are not in stock at the time the order is placed. In this case, you will be advised that the product is out of stock.

Checkout.- When you are finished, press the button Checkout. You will reach a screen where the following information will be detailed:

Invoicing details

Shipping address, editable

Once the shipping address is established, press Confirm. You will see now your shopping cart summary, where the total amount is displayed.

This screen allows you to choose:

-the shipping method (shipping costs are adjusted for each option)

-the expected shipping date

-the payment method

-the shipping instructions you may consider necessary

Likewise, your own reference can be added to the order.

4.2. Shipping method.- You need to define the way you want to receive your order. You can choose among the different logistic providers offered by the Website.

For the shipments to the Iberian Peninsula, delivery will be considered completed when the Seller delivers the Product at the Customer’s premises. The risks arising from the unloading are at the Customer’s expense.

Deliveries within the EU and other international deliveries will be carried out according to the Incoterm Delivery At Place (DAP).

Export control: The Customer admits and accepts that the Products supplied by the Seller may be subject to the legislations, regulations, rules and commercial, environmental and export/import licenses established by, for instance, the United Nations, the United States of America, the European Union and the Member States of the European Union. The Customer shall comply with such rules and he accepts he is solely responsible for their compliance. In particular, by way of example, the Customer must not, in any manner, directly or indirectly, use, sell, resell, export, reexport, disclose, disseminate or negotiate with any country, destination or person, and will ensure that any of its subsidiaries or affiliates shall do it without first obtaining any required export license or the necessary government permission, and he shall comply with the formalities required by the rules applicable to that effect. The Customer will do nothing to make the Seller fail to comply with the rules and he will hold the Seller harmless from any claim, fine, loss and/or any liability incurred by the Seller as a result of the failure by the Customer to comply with this rule.

Failure by the Customer to comply with any aspect of this regulation shall constitute a breach of contract. The Seller reserves the right to reject the acceptance or processing of any order, and at his sole discretion, to cancel any order if he considers the Customer has failed to comply with any aspect of this regulation.

4.3.- Acceptance of these purchase conditions.- Then the complete Summary of the order will appear again and, as an essential condition to continue the order processing, these purchase conditions must be expressly accepted by the Customer. To do so, press the button Purchase conditions and a new window will open up and these purchase conditions will be displayed. Please read them carefully and, if you agree, scroll down to the bottom of the page and press the button I have read and I accept the purchasing conditions.

Once the purchasing conditions have been accepted, the Website will open again the payment screen. If an error is detected before the payment, you’ll be able to modify your order. Please ensure that your order is correct and press the button Pay.

4.4.- Payment process

Once you have checked the shopping cart and everything is alright, press the button Pay now. The Website offers the following options:

Payment by bank transfer.- If bank transfer is chosen, you will access a screen with the order details and the payment instructions by bank transfer.

Payment by credit card.- If “Redsys” payment method is chosen, you will access a payment gateway to pay by credit card. All transactions from this moment on take place under a secure connection that guarantees the confidentiality of all your data.

Visa, Master Card and American Express have developed systems to make secure payments online. With the Secure Electronic Commerce system, the card issuer (bank or savings bank) identifies the card holder before any payments are authorised.

From 1st January 2021, as a security measure, the Strong Customer Authentication (SCA) is applied on all E-commerce orders, as long as any of the exemptions provided for in the rule is applied. This strong authentication obliges to apply 2 safety factors to choose between: data known by the user (e.g., the password), something he owns (e.g., the cell phone number) or something which is (e.g., fingerprint or facial recognition).

Secure purchasing process depends on the issuing bank. It may be a code which will be sent to you by SMS plus a second safety factor, or the authentication through your bank’s App. Please check your bank’s operational processes to be ready before you continue with the purchasing process.

Your card details and your password are protected by this system since they are introduced.

Once the authentication is completed, the Issuer shall inform the Seller that the cardholder is processing the purchase so that the order can be completed. The Issuer will report to the Seller if the authentication has not been successful to proceed accordingly.

The identification and safety processes are beyond the control of the Seller. Any incidence that may arise will be the Issuer’s responsibility.

4.5.- Purchase confirmation

Once the payment is made, you will get an email from the Seller as acknowledgement of receipt and order confirmation. An order number will be given in this email. It must be kept for any question or inquiry regarding the order, the tracking or possible future claims.

Important: The Seller is not obliged to supply any product that has not been confirmed and reserves the right not to accept orders when the products are not available or when his Security Systems indicate that the order might be false or fraudulent. In this case, the Seller cannot be held responsible under any circumstance for such refusal. The users likewise undertake not to use the Website for unlawful or illegal purposes. Thus, if it could reasonably be considered that a false order has been placed, the Seller is authorised to cancel it and inform the appropriate authorities. Consequently, the Seller will under no circumstances be responsible for such cancellation.

The invoice and proof of payment will be sent by e-mail. The Customer gives his express consent to receive the invoice in electronic form. Nevertheless, paper copy may be requested at any time by contacting the Seller by e-mail at: info@weelko.com.

If you don’t receive the order confirmation e-mail, it might be due to a temporary technical problem. Delivery of the e-mail will normally take a few minutes. Please check the Junk or Spam folder. If you still don’t receive the confirmation e-mail, please contact us by phone at +34 938 249 020 or at the following e-mail address: info@weelko.com.

4.6.- Order information and tracking

Order information.- For any information about the order, the Customer can contact via e-mail at info@weelko.com or contact us by phone at +34 938 249 020. In all cases, the Customer shall indicate the order number provided in the order confirmation e-mail.

5. Acts of God or Force Majeure

In the case of failure to perform this agreement due to any Force Majeure or act of God, the Seller shall not be liable for such failure.

Act of God or Force Majeure shall mean an event beyond the control of the Seller, not involving the Seller’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, robbery, accident, legislations and regulations from any government, wars or civil disturbances, destruction of production facilities or material due to fire, epidemics, lack of public services or public transport, strikes in companies other than those of the Seller, unofficial or political strikes in the Seller’s business, a general or partial shortage of necessary raw materials and other goods or services necessary to fulfil the agreed service, unforeseen delays in deliveries from sub-suppliers or other third parties on which the Seller depends, and general problems of transport.

The Seller will inform the Customer as soon as possible when a cause of Force Majeure prevents him from supplying the product or cannot do so on time.

In the case of Force Majeure events that significantly hinder the production or delivery of goods, the Seller shall be entitled to postpone the delivery. If this cause of Force Majeure continues for more than two (2) months, both parties have the right to cancel the contract. In this case, neither party shall pay any compensation to the other.

To the extent that, at the time of the occurrence of a Force Majeure situation, the Seller has partially satisfied his obligations towards the Customer or is going to satisfy them and the part satisfied or to be satisfied has an independent value, the Seller may invoice it separately and the Customer must pay this part satisfied or to be satisfied.

6. Delivery acceptance. Claims

The Customer shall inspect the Product upon receipt. The Customer must check if the Product complies with the terms agreed. In the event that the Customer does not notify the Seller of any complaint or claim at the time of receipt of the goods within the periods indicated below, it will be understood that the goods have been received and accepted at accordance. The procedure for claiming will be as follows:

Only claims submitted by e-mail at info@weelko.com will be admitted.
The claim period will be:
Claims relating to the carrier for missing Products. If the Customer has not received all Products contained in the delivery note, claims will have to be addressed directly to the carrier upon receipt. In this case, the Customer is advised to sign the delivery “with reserve”. In case of unreserved signature, no claims will be accepted if the Product is damaged.
Claims for obvious defects. For any failure or complaint regarding product characteristics that can be observed or detected by visual examination or basic verification, the complaint must be reported to the Seller within the following limits:
If the Product is delivered with no outer packaging or bundled: on the same day of delivery.
If the Product is delivered with outer packaging and bundled: four (4) days since the delivery of the Product.
In this case, the Customer is advised to sign the delivery “with reserve” or terms of similar meaning. In case of unreserved signature, no claims will be accepted if the Product is damaged.
Claims concerning hidden defects: thirty (30) days since the delivery of the Product if the defect or irregularity can only be detected if performing an in-depth examination, a test or with the start-up of the Product.
The Seller shall have a maximum of fifteen (15) working days from the receipt of the Customer complaint to check if it is well-founded.
Any complaint should specify the serial number, the delivery note or invoice details. In the event of failure or malfunction, if the Customer can detect the probable cause, he shall indicate to the Seller the replacement part to solve the problem. If the Product is under warranty, the Seller will provide the replacement part without any cost.
If the Customer cannot locate the failure, he will have to send a detailed report of the incidence to the Seller to help identify the cause of the disfunction. If the Seller cannot locate the problem with the information provided, the Customer shall return the Product to the Seller within a maximum period of ten (10) working days from the date on which it was indicated by the Seller for checking and repair, if necessary. The Customer shall return the Product with the delivery note, the necessary packaging and the RMA number provided by the Seller. No returns will be accepted without the delivery note and/or packaging, neither those established after the deadline nor those without the RMA number.
In both cases, if the Product is under warranty (see 7th clause), the Seller will repair it or submit the necessary replacement parts under the conditions indicated in clause b).
The transport costs of repair or replacement parts after the installation will be paid by the Customer as established in clause 7.1. of the present General Conditions of Sale.
When reselling the Products, the Customer shall impose the same documentation requirements (previously mentioned) to his clients.
If the Product is under warranty and the replacement parts or the repair are not possible, a credit note will be issued for the following maximum amounts (VAT not included):
If the Product and the packaging are in perfect condition: 100% of the invoiced amount.
If the Product and/or the packaging are damaged: 70% of the invoiced amount.
In the event of the return of a damaged plastic or metal packaging: 70% of the invoiced amount.
In the event of complaints made after the expiry of warranty period, the replacement parts, repair and transport costs will be in charge of the Customer.
The fact that a complaint is issued within the stipulated time limits affecting only some of the Products does not release the Customer from his obligation to pay in due time the properly delivered goods or refuse them.
After a complaint is issued within the stipulated time limits, the alteration of the Product about which the complaint has been made can only be done with the Seller's written authorisation.

7. Warranty and repairs

7.1. Warranty period and scope

The warranty period of the Product is 2 years from the delivery date. The availability of compatible replacement parts and service will be guaranteed for 5 years from the date when the Product is no longer manufactured.

The invoice issued by the Seller must be kept as a valid document for the warranty.

The warranty of the Product covers:

Any defect of manufacture or original components in all Products.
Upholstery, provided that it is the original supplied by the manufacturer.
Any transport cost or replacement part after the installation of the Product, as long as the delivery date of the Product and the malfunction or failure identification do not exceed thirty (30) calendar days.

7.2. Exclusions

The warranty of the Product does not cover:

Any replacement of perishable parts and/or components subject to natural wear.
Maintenance services or regular adaptation works of the Product.
Any damage due to a Force Majeure event and/or improper use by the Customer or his operators of any third party. Any modification, repackaging, misuse and/or storage by the Customer or through a third party shall render the warranty void.
Any loss of earnings, default interest or damage compensation that might be claimed by the Customer or by a third party with regard to the use of the Product or commitments undertaken by the Customer with third parties as a direct result of a breakdown or failure of the Product for reasons not depending on the Seller.
Removal of stains due to chemical substances or acid solutions.
Any transport cost or spare part after the installation of the Product, as long as more than thirty (30) calendar days have passed since the delivery date of the Product and the malfunction or failure identification.
Travel, accommodation and/or living expenses of the Seller’s operators.

7.3. Repairs

The warranty periods of the repairs carried out by the Seller are the following: The repair works are guaranteed during six (6) months from the delivery date of the Product. The time it takes to repair the Product will be added to the warranty period.

Scope of the repair works.

The repair of the Products under warranty carried out by the Seller involves all necessary actions to leave them in the same conditions as if they were new.
The warranty will only cover the repairs made by the Seller or by an authorised technical service.
The Customer should bear no cost for the repair or shipment of the Product, for the travel expenses, labour costs or replaced spare parts when provided for in clause 7.1. of these General Conditions of Sale.

Repair of Products out of warranty.

Out of warranty repairs are guaranteed during six (6) months from the repair date.
Out of warranty repairs involve all necessary actions to make the Product work and it is suitable for its intended use.
All costs associated with the repair of the Product, including shipment, travel expenses, labour costs or spare parts, will be paid by the Customer.

8. Manifestations and Limitations of Liability of the Seller

8.1. Manifestations
The Seller manifests that:
He has full ownership of the Product and it is free from charges, encumbrances, embargoes or debts of any kind.
The Product does not infringe any patent, copyright, industrial or intellectual property right of third parties.
The Product is in conformity with the technical specifications contained in the Product catalogue, although Product specifications have no warranty value.
The Product meets the requirements established in laws, standards and CEE regulations which apply to it and existing at the time of signature and acceptance of these General Conditions of Sales.

Limitations of Liability
The Seller makes no warranty that the Products will meet the Customer’s purpose.
The information provided by the Seller on descriptions, recommendations and illustrations contained in catalogues and brochures is adjusted, as much as possible, to the results of tests and practice. It is not intended to be a reference for quality or warranty claims. The Seller shall not be liable for the differences between this information and the results obtained by the Product. The Customer himself shall determine if the Products purchased are suitable for the intended use.
The Seller is not liable for damages resulting from the use of the Products supplied, unless this is due to intent or gross negligence on the part of the Seller or his employees.

9. Industrial and intellectual property
The industrial and/or intellectual property of orders, order acknowledgements, quotations, sales contracts, product catalogues, to all its terms, and the information attached, as well as of the Product bought and of the elements, drawings, software, etc. that may be incorporated or relative to it, belong to the Seller. As such, its total or partial copy or assignment of use to third parties is expressly prohibited without the prior written consent of the Seller.

10. Data protection
The Seller informs the Customer that personal data of representatives, employees or persons or others who act on behalf of the Customer, provided under the contractual relationship between the parties, will be processed to manage their relationship and to comply with the applicable obligations to prevent fraud and to ensure the security of systems, networks and personal data of the parties. After the termination of the relationship between the parties, data will be kept to comply with the legal obligations required and to establish, exercise or defend legal claims, during the period of limitation of actions that may arise.
Data can be transferred to public authorities, in cases where legal obligation applies.

11. Termination
This agreement may be terminated for the following reasons:
By mutual agreement between the parties, in which case neither party shall claim any payment to the other.
By unilateral termination. One party is in breach of contract entitling the other party to terminate the contract. The party seeking to terminate the contract shall communicate the decision to the other in writing, the notice must include the reason for which a breach of the undertaking has occurred and requesting for a remedy within fifteen (15) working days from the day of receipt of the notification. If such breach has not been remedied within such 15-day period, the contractual relationship shall automatically terminate.
Notwithstanding the above, the party adversely affected by the decision may require the other to fully comply with his obligations.

Whether the adversely affected party chooses to terminate the contract or the compliance with the contract, in both cases, he may claim for damages for non-performance to the other party, provided that they act in accordance with what was agreed in these General Conditions of Sale.

For the purpose of compensation of damages, demanded by the Customer to the Seller, the amount to be satisfied from the latter shall not, however, be more than twice the amount already paid by the Customer for the Product or Products from which derive the alleged non-compliance until the termination date.

In the event of termination of the relationship for a reason attributable to the Customer, the following consequences will occur:
(i) The Seller will not refund any of the sums received until the termination date and he shall be entitled to retain them as compensation for non-compliance; (ii) the remaining payment will automatically fall due, if there is any; (iii) Customer’s right over Products which have not been completely paid will be automatically extinguished, the Seller is thus entitled to carry out the immediate recovery of the Products; and (iv) the Seller shall be entitled to stop any open deliveries to the Customer, except in the case the Product is fully paid before its delivery.

12. Applicable Law and Jurisdiction

What is established in these General Conditions and any dispute that might arise is subject to the provisions contained in them and, in matters not covered explicitly, to the current legislation in Catalunya (Spain), Commercial Code, special laws, customs and practices and, failing that, as established in the Civil Code.

The United Nations Convention on Contracts for the International Sale of Goods from 11th April 1980 is hereby excluded in its entirety from application to these General Conditions of Sales.

The Court of Berga (Barcelona, Spain) and their hierarchical superiors will be competent to settle any disputes that may arise.