TERMS AND CONDITIONS

INTRODUCTION

The present general conditions will expressly regulate the relations established between KNOW LAB S.L., hereinafter DONANDMERIT, and each user making a purchase through the website www.donandmerit.com and store.donandmerit.com, hereinafter the Website.

The user must register on the Website in order to purchase products, conferring on the user the condition of Client.

Such condition of Client implies adherence to the terms of use in the version published at the time at which it was accessed on the Website.

DONANDMERIT maintains the right to amend, at any moment and without prior notice, the design and settings of the Website.

The present general conditions have been developed in accordance with the current legislation on electronic commerce and consumer protection.

 

GENERAL INFORMATION

In compliance with article 10 of the Law 34/2002, issued on the 11th of July, about Information Society Services and Electronic Commerce, the following data about the owner of this website is detailed below:

KNOW-LAB S.L.

B62907662

Address: Carrer Mallorca 207, Barcelona, SPAIN

Post code: 08036

E-mail address: info@donandmerit.com

Phone number: +34 932 222 543

store.donandmerit.com

www.donandmerit.com

 

OBJECT

The present Website has been designed to provide information about the services offered by DONANDMERIT, consisting of the sale of men’s shirts with a social purpose.

INTELLECTUAL AND INDUSTRIAL PROPERTY

DONANDMERIT is the exclusive owner of all intellectual and industrial property rights of the Website, as well as of its source code, design, navigation structure and other elements and contents of the Website. DONANDMERIT has exclusive operating rights over said contents in general, and specifically over any reproduction, distribution, public communication and transformation of the same, in accordance with the Spanish and European legislation.

The Website and the pages, information or elements contained therein include texts, documents, photographs, drawings, graphic representations, computer programs, as well as logos, brands, trademarks or other distinctive signs and designs, protected by industrial and intellectual property rights, of which DONANDMERIT is the holder or legal licensee.

The authorization for the User to the access this Website does not imply any type of waiver, transmission, license or total or partial cession of any right deriving from the intellectual and industrial property rights of DONANDMERIT.

The user will be able to send pictures of himself/herself wearing products offered on the Website to DONANDMERIT. Providing these pictures means that:

-The Provider allows DONANDMERIT to publish those images on the Website and to use them with a commercial purpose.

-The Provider guarantees he/she is the only owner of all rights of the picture he/she is sending and the only responsible in any case of misrepresentation.

-The Provider allows the mentioned use for the maximum period of time allowed by law.

 

USE AND ACCESS

The use of the information and contents that may be made on this Website, as well as the access, will be the responsibility of the person performing it.

Conditions of access to the Website are subject to the applicable legislation and to principles of good faith and licit use of the same by the user, being forbidden to carry out any kind of actions in detriment to DONANDMERIT.

The use of this Website for unlawful or non-authorized purposes it is forbidden.

It is prohibited all types of exploitation, including all types of reproduction, distribution, cession to third parties, public communication and transformation, by means of any type of support or medium, of the aforementioned works, designs and distinctive logos without the owner’s prior and express authorization. The Non-fulfillment of this prohibition can constitute a punishable infraction of the legislation in force.

 

USER RESPONSABILITIES

The User is fully responsible for accessing and making correct use of the Website subject to current national or international legislation and to the principles of good faith, ethics, good practices and public security. And specifically, he acquires the commitment to comply diligently with the conditions of use.

The User shall refrain from using the services and contents of the Website for illegal and forbidden purposes that might cause damages to the rights and interests of third parties or that might in any way harm, render useless, overload, or deteriorate the Website, its contents and its services. Furthermore, it is prohibited to impede the normal use or enjoyment of the Website by other users.

DONANDMERIT accepts no responsibility for the use that third parties may make of the data provided through the Website. Those breaching these obligations shall be liable for damages and prejudices of any kind that may have resulted. DONANDMERIT shall not be held liable for any consequences, damages or prejudices that may arise out of said access or use of the information by third parties.

In general, the User agrees, including but not limited, to:

–        Not to use the Website for unlawful or illegal purposes:

–        Not to alter or modify the Website, totally or partially, evading, disabling or manipulating in any way the functions of the Website;

–        Not to infringe industrial and intellectual property rights or regulations regarding the protection of personal data;

–        Not to use the Website to injure, defame, intimidate, violating the self-image or harass other users;

–        Not to publish on the Website any comment or information illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, fraudulent or in any other way contrary to moral or public security;

–        Not to send bulk and/or repetitive e-mails to a number of people, or to send third party e-mail addresses without their consent.

Notwithstanding the foregoing, DONANDMERIT reserves the right to refuse at any time and without prior warning, the access to the Website to those users who do not comply with these General Conditions.

 

DONANDMERIT RESPONSIBILITY

The User shall be responsible for obtaining the services and the equipment necessary for Internet browsing and for access to the Website of DONANDMERIT. In the event of any incident or difficulty on the Website, the User can report it to DONANDMERIT to the e-mail address web@donandmerit.com, which will proceed to analyze the incidence and will give the User instructions about how to resolve it within the shortest time possible.

DONANDMERIT shall not be liable for interruptions of the service, connection errors, lack of availability or deficiencies in the Internet service access, or for any other reason beyond DONANDMERIT’s control.

Furthermore, DONANDMERIT shall not be liable for any acts or omissions by third parties, independently of whether  or not they are linked to DONANDMERIT through an agreement.

 

RESPONSIBILITY AND GUARANTEE DISCLAIMER

DONANDMERIT  does not give any guarantees and is in no case responsible for damages or prejudices of any nature that may result in:

–        The absence of availability, maintenance and effective operation of the Website and/or of its services or contents;

–        The absence of usefulness, adequacy or validity of the Website and/or of its services or contents in satisfying requirements, activities or specific results or expectations of the users;

–        The existence of viruses, malicious or harmful programs in the contents;

–        The illicit, negligent or fraudulent use, contrary to the present General Conditions, to the good faith, the generally accepted uses or the public order, of the Website, its services or contents, by the User;

–        The noncompliance by third parties of their obligations or promises in relation to the services provided to the users on the Website.

 

LINK POLICY

The persons or bodies that attempt to follow or follow a hyperlink from a web page on another internet portal to any of the pages of DONANDMERIT will be subject to the following conditions:

–        The partial or total reproduction of any of the services and contents on the Website without the express prior approval of DONANDMERIT is prohibited;

–        No deep-links, IMG or image links, or frames will be established with the pages of DONANDMERIT without the express prior approval of DONANDMERIT ;

–        No false, inaccurate or incorrect manifestation about the pages of DONANDMERIT will be included, nor on the services and contents contained within. Except the signs which form part of the hyperlink, the Website in which it is established may not contain any brand, trade name, business sign, denomination, logo, slogan or other distinguishing trademarks owning to DONANDMERIT without its express permission;

–        The establishment of the hyperlink will not imply the existence of a relationship between DONANDMERIT and the owner of the Website or portal from which the hyperlink is executed, nor DONANDMERIT knowledge or agreement of the services and contents offered on said Website;

–        DONANDMERIT shall not be liable for the contents or services placed at the public’s disposal on the Website or portal from which the hyperlink is executed, nor for the information and statements included therein.

 

LINKS

DONANDMERIT assumes no responsibility whatsoever for the content derived from the contents linked which, through the Website, allow the User to access features and services offered by third parties, as long as they have nothing to do with the Website. Therefore, DONANDMERIT is not responsible for the information contained in these or for any effect which may derive from this information. If any User or third party finds links that might be contrary to the law, morality or public order, he shall inform us through the e-mail address web@donandmerit.com.

 

PURCHASING PROCESS

The Customer declares being at least eighteen years old and having the legal capacity to buy from store.donandmerit.com. Furthermore, he agrees to comply with the present General Conditions.

The purchase shall be accomplished carrying out the following steps:

  1. By accessing the Website, the User can display the entire catalogue of products and make the purchase without needing to register. At the time of purchase the User shall provide real information about the data requested in the forms on this website, as well as accept the present General Conditions. At the purchase moment, the User will be able to register on the Website, storing his data and accepting the present conditions.
  2. The Customer should select the products that he wish to purchase by clicking the “Add to Cart” button and selecting quantity and size. Once the product and the quantity are chosen, in the event of wishing to continue with the operation, he should click “Check out”.
  3. The Customer shall provide the data needed for the shipment: company name and/or first name and last name, e-mail address, complete mailing address and phone number. This data can be stored in the DONANDMERIT database, only once the order has been realized on Website.
  4. Once the General Conditions have been accepted, the shipping address introduced and the shipping method chosen, the Customer shall select the billing method: by credit card or Paypal.
  5. When paying by credit card, the Customer shall follow the instructions shown on the screen, providing the following information: credit card type, credit card number, expiration date, credit card identification code and credit card owner. This information will be sent through a secure connection. DONANDMERIT will under no circumstances have access to any data related to bank accounts or credit cards of the Customer.
  6. When paying by Paypal, the Customer shall follow the instructions shown on the screen, providing the following information: Paypal user name and password. The Customer is informed that Paypal is a company belonging to the area of electronic commerce over the Internet which enables the money transfer between users with e-mail addresses. The online payment transaction is made through the Paypal intermediary, which is a secure server ensuring total confidentiality of the data.

Paypal is an intermediary paying server. When the transaction is made, Paypal charges the credit card of the Buyer the agreed amount and sends DONANDMERIT the payment confirmation, which will proceed automatically to the product delivery.

The Buyer fills out an electronic payment form to send the money to DONANDMERIT , and both receive an e-mail with the details of the payment. When filling out the form for the first time, the Buyer will be registered as User and will have an account in which he may control the transactions executed.

Once the purchase process has been completed and after the payment verification, DONANDMERIT will send an e-mail to the Customerconfirming the order and the payment.

At any time during the purchase process, the User may contact DONANDMERIT by e-mail customer@donandmerit.com in order to obtain details about the product characteristics or to make any further consultation in relation to the purchase process.

 

INFORMATION ABOUT THE PRODUCTS AND AVAILABILITY

DONANDMERIT provides the necessary information for its products in order for the User to know the specific characteristics of the products offered before the definitive purchase is made by the User.

DONANDMERIT will provide information at all times about the availability of the products offered.

The offers will be duly indicated on the Website, who reserves the right to decide at any time the products shown and offered to the Users on the Website. Furthermore, DONANDMERIT may at any time add new products to the ones offered and included on the Website, unless otherwise stated in the General Conditions at the time.

DONANDMERIT  reserves the right to cease to show or provide, at any time and without prior notice, any of the products offered on the Website.

 

PRICE

The price of the products offered on store.donandmerit.com is shown in Euros with VAT included.

DONANDMERIT reserves the right to modify its prices at any time, but the product will be invoiced with the prevailing price when the order was registered.

Shipping costs will be specified at the time of purchase, once the shipping address is specified.

 

DELIVERY AND RECEPTION

DONANDMERIT commits to deliver the products purchased by the Customer in the place designated by the buyer in the order form.

The deadline for delivery will be subject to change according to the method of delivery selected by the Customer.

DONANDMERIT realizes worldwide deliveries. The products delivery will be performed by courier service. The shipping costs can be changed according to the place and schedule delivery.

Once the product has been delivered, the Customer must inspect the goods and check that the delivery has been made according to the order, and sign the delivery note.

 

REFUND AND EXCHANGE POLICY

The refunds and exchanges of products purchased through DONANDMERIT will be governed by the following principles:

The Customer has the right to withdraw his order whereby he may proceed to request a refund or exchange. The mentioned right can be exercised within 7 (seven) working days from the receipt of the order.

In order to begin the refund or exchange process, the Customer must send an e-mail to DONANDMERIT (customer@donandmerit.com) within 7 working days, indicating the reasons for the request. In the case of an exchange of a product for another item, the Customer must indicate the reasons for the exchange and inform DONANDMERIT about the product he wishes.

Notwithstanding the foregoing, the Customer has the obligation to return the product in perfect conditions, with intact and original packaging and labeling, conveniently packaged in his original box and correctly protected. The product must be in the same state as when it was received by the Customer. The shipping costs related to the refund or exchange will have to be covered by the Customer.

The refunded product must be sent to the address of DONANDMERIT. In case of ignoring this information, the Customer must contact DONANDMERIT who will supply the information in order to make the refund.

DONANDMERIT will proceed to refund the amount paid once it has received the refunded product and it has checked the good condition of the same. The refund of the amount will be carried out within a maximum of 30 days of receiving the refunded product. All refunds will be made by the same payment method used in the purchase.

If the refund or exchange is due to an error regarding the shipment, DONANDMERIT will collect the package at the place (at the same address) where the customer received it. DONANDMERIT will assume all the costs incurred for the later refund costs, as the refund shipment cost of the correct order in case of change.

DONANDMERIT will under no circumstances refund the money of the products in the following cases:

  • If the request is received after the 7 (seven) working day deadline as indicated previously
  • If the product has been used by the customer and therefore cannot be re-sold as new
  • If the product has been manipulated by the customer
  • If the returned product is incomplete, and missing either principal elements and/or accessories.

 

APPLICABLE LEGISLATION

The present contract will be governed by Spanish legislation that will be applicable over what is not stipulated in this contract with regard to interpretation, validity and execution.

In the case of any dispute concerning the present General Conditions, if the purchase has been carried out by an individual, the parties involved will be subject to the jurisdiction of the Courts and Tribunals corresponding to a consumer.

In the case of a purchase carried out by a professional or company, the parties involved will be subject, with an express waiver of any other jurisdiction, to the Courts and Tribunal of Barcelona, SPAIN.