General conditions

1. GENERAL INFORMATION

Ownership of this website UpGrade180 , (hereinafter Website) boasts: , and whose contact information is:

Address: C/Monturiol 19, 08291 Catalonia

Telephone contact: 605314385

Contact email: upgrade180watches@gmail.com

This document (as well as other documents mentioned here) regulates the conditions that govern the use of this Website ( UpGrade180 ) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that upgrade180.com developed through the Website includes:

Marketing of watches and jewelry for men and women.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and privacy policy. data protection upgrade180.com . By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with everything Therefore, you should not use this Website.

Likewise, you are informed that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment navigation through the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend to:

• Use this Website only to make inquiries and legally valid purchases or acquisitions.

• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.

• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The User may formalize, at his or her choice, with upgrade180.com the purchase and sale contract of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The users duly registered They can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of UpGrade180 , during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: " Finish order "

Likewise, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that upgrade180.com you have received your order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where applicable, this information could also be made available to the User through their personal space connecting to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. and, where appropriate, through your personal space connecting to the Website . Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from upgrade180.com using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of it on their page. of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/ o cost of services; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments involved during transactions carried out on the Website could be archived and preserved in the computerized records of upgrade180.com in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the current laws and regulations that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the Parliament European and Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of 5 December, Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by upgrade180.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of products or there are no products left in stock, upgrade180.com undertakes to contact the User and refund any amount that may have been paid as payment. This will also be applicable in cases in which the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially with regard to VAT, a different issue is indicated and applied.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation .

The accepted payment methods will be: Credit or debit card, PayPal, Bank transfer, and Cash on Delivery

upgrade180.com uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.

Credit cards will be subject to verification and authorization by the issuing banking entity, if said entity does not authorize the payment. upgrade180.com will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once upgrade180.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.

If the payment method is PayPal, The charge will be made at the time upgrade180.com send a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on " Finish order " the User confirms that the payment method used is theirs.

Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by upgrade180.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In case of error, upgrade180.com You will not be able to validate the order, which will be cancelled.

For cash on delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and continue until Finalize order to place the purchase order. From that moment on, upgrade180.com reserves the right to contact the User in order to validate the purchase order with him. After this, the order will be prepared and made available for shipping management.

Payment will be made at the time of delivery of the order by the carrier's delivery person. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the carrier's delivery person; the latter will not be able to provide change.

For the refund of the amount on orders paid by cash on delivery, upgrade180.com reserves the right of 14 calendar days after the return has been requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount of the returned order. The refund of the amount of orders paid by cash on delivery will be made only by transfer.

upgrade180.com reserves the right to suspend payment by cash on delivery to those Users who have not met the necessary requirements in past orders.

6. DELIVERY

In cases where it is necessary to physically deliver the contracted good, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla)

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to you, upgrade180.com cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact upgrade180.com to arrange delivery another day.

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to upgrade180.com , upgrade180.com It will be understood that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must keep in mind that the transportation derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when upgrade180.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after complete receipt of the amount for payment by upgrade180.com .

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by them.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting upgrade180.com through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information ). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.

In any case, the User, before clicking on " Finalize order ", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679. of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases in which the User purchases products on or through the owner's Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Website. upgrade180.com or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the contract.

To exercise this right of withdrawal, the User must notify their decision to upgrade180.com . You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that upgrade180.com makes available to you as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, upgrade180.com will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in all case, no later than 14 calendar days from the date on which upgrade180.com is informed of the decision to withdraw by the User.

upgrade180.com will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. Nevertheless, upgrade180.com could withhold said refund until having received the products or items of purchase, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to upgrade180.com in: Rambla Sant Jordi 88, 08291 Ripollet (Catalonia)

And it must do so without any undue delay and, in any case, no later than within a period of 14 calendar days from the date on which upgrade180.com was informed of the decision to withdraw.

The User acknowledges that he or she is aware that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. In addition, you will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by upgrade180.com , you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

At the following link you can download the Model withdrawal form:

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact upgrade180.com immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, replacement is appropriate. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding upgrade180.com , therefore, due to their lack of conformity that appears within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by upgrade180.com and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty right directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information related to the product warranty.

9. DISCLAIMER

Unless otherwise provided by law, upgrade180.com will not accept any responsibility for the following losses, regardless of their origin:

• Any losses that were not attributable to any breach on your part;

• Business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

• Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, upgrade180.com It also limits its liability in the following cases:

• upgrade180.com applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or other this nature
• upgrade180.com will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. upgrade180.com puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
• upgrade180.com will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, upgrade180.com Nor will it be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
• In general, upgrade180.com will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
• Strikes, lockouts or other industrial action.
• Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and upgrade180.com will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. upgrade180.com will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with upgrade180.com are electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that upgrade180.com send electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with upgrade180.com through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, upgrade180.com You can contact and/or notify the User at their email address or at the postal address provided.

11. WAIVER

No waiver of upgrade180.com to a specific legal right or action or the lack of requirement by upgrade180.com Strict compliance by the User with any of its obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.

No waiver of upgrade180.com to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and upgrade180.com in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User and upgrade180.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to upgrade180.com In the course of a transaction on the Website, they will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between upgrade180.com and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send upgrade180.com your complaints, claims or any other comments you wish to make through the contact information provided at the beginning of these Conditions (General Information).

Besides, upgrade180.com has official complaint forms available to consumers and users, and which they can request from upgrade180.com at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if the execution of this purchase contract between upgrade180.com and the User arises a dispute, the User as a consumer can request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution. on consumer matters and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Purchase Conditions document has been created using the generator general purchasing conditions template online on 07/17/2021.