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These General Terms and Conditions of Purchase apply to the purchase of products that WAIXO FASHION & DIGITAL SOLUTIONS, S.L. (“WAIXO”) sells via the website hosted at the URL www.waixo.net (the “Website”) to any user (“Customer”).
WAIXO’s identification and contact details are as follows:
The purchase of the products offered via the Website implies acceptance of the terms and conditions set out in these General Terms and Conditions of Purchase; therefore, please read their content carefully before proceeding to accept them. If you do not accept these General Terms and Conditions, the purchase of the products will not be completed and, consequently, will not entail the assumption of any obligation or liability on the part of WAIXO.
By placing a purchase order via the Website, the Customer declares that they are over 16 years of age and have the legal capacity to contract for the products on the Website.
WAIXO reserves the right to amend the content and/or scope of the General Terms and Conditions of Purchase at any time, without the need to provide prior notice or warning; therefore, please read the content carefully, as it is the Customer’s responsibility to review the General Terms and Conditions of Purchase before purchasing any product from the Website.
The Customer acknowledges that all products offered by WAIXO on its website are made to order, with the exception of fabrics in their natural colour, which are not printed. Fabrics printed with customer designs, patterned fabrics and plain-coloured fabrics are made to order and customised to the length specified by the customer, in the specified fabric and with the design or colours selected by the customer.
To start the purchase procedure for the products on the Website, the Customer must register in the "Register" section of the Website (or as a "guest"). In subsequent purchase processes, if the Customer has registered, they will only need to provide their email address and password in the "My Account" section.
WAIXO reserves the right to determine the products made available to users through the Website. Specifically, we may, at any time, add new products to those already available on the web, which will be governed by the terms established in these General Conditions, unless otherwise indicated. Likewise, WAIXO reserves the right to change, modify, add, or remove products and services offered on the Web at any time without prior notice. Changes to products and services will not affect transactions previously accepted by Users.
On the web, you will find detailed information about the characteristics of the items. The purchasing user must carefully read the description of the products before formalizing the purchase, the content of which will form part of the conditions of sale and their acceptance. However, the user must take the following into account:
Note that while we make every effort to ensure the accuracy of item information and pricing, typographical errors or changes in product descriptions may occasionally occur. If such errors or modifications are identified, we reserve the right to correct them and update product or price information without prior notice.
The price of the products will be the one appearing in the indicated currency next to each product on the Website.
The sales prices indicated on our website are shown as follows:
Shipping costs are not included in the price of the products and are at the expense of the Customer as long as the order does not have free shipping. These shipping costs will be added to the total amount of the selected products, so the customer can check them at all times in the shopping cart before confirming the order and finishing the purchase process.
WAIXO reserves the right to make, at any time and without prior notice, the modifications it deems appropriate, being able to frequently update products or prices. The price applicable to the purchase request made by the Customer will be the one recorded at the time of accepting the General Terms and Conditions of Purchase.
The Customer may pay for the products through any of the payment methods indicated below:
Payment by card. The Customer must include their debit/credit card number (Visa, Visa Electron, and Mastercard), as well as any other additional information required in the purchase procedure. The charge will be made once it is accepted by the Customer's financial institution; otherwise, the purchase cannot be carried out.
The customer is solely responsible for the accuracy of their payment method information, and WAIXO is not responsible for any loss the customer may suffer as a result of incorrect information provided regarding the payment method.
Payment by Bizum. The Customer must include their mobile number as well as any other additional information required in the purchase procedure. The charge will be made once it is accepted by the Customer's financial institution; otherwise, the purchase cannot be carried out.
For non-Spanish numbers, please enter + followed by the country code and the mobile number.
The proof of purchase for the products will be available and viewable in the "My Account" section. From this section, the Customer can also download the order invoice once it has been dispatched from our facilities or once it has been notified that the Customer can pick it up with their agency. For any questions or requests regarding billing, you may contact our Customer Service department.
Once the purchase process is finished, an electronic confirmation will be generated, attaching a copy of the General Terms and Conditions of Purchase that the Customer can print, which will remain archived in the "My Account" section.
WAIXO has high security measures. Likewise, 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, ensuring it is only intelligible to the Customer's device. Thus, using the SSL Protocol guarantees:
WAIXO has implemented a detection program for possible fraudulent operations and reserves the right to request additional information, confirmations, and/or documents from the Customer, even after having made one or more purchases through the Website, via telephone call or email, in order to confirm that the Customer has indeed made and authorized said purchase and/or that the delivery or return of the same has been carried out correctly, thus definitively authorizing the respective transaction.
WAIXO may perform various identity checks on the Customer by telephone or request: (a) a written confirmation and authorization signed by the Customer responsible for the respective purchase; and (b) a copy of the official current identification with a photograph of the Customer to confirm their identity. WAIXO undertakes to store said information and documents with high security measures, in accordance with current regulations.
In the event that the Customer does not respond favorably or does not deliver the requested documentation and information to WAIXO within a period of 48 hours from the call or the sending of the email by WAIXO, the transaction detailed in said communication and the respective order may be cancelled, without the need for further notice or liability for WAIXO, proceeding to refund the Customer the amount paid for said purchase.
Said verification procedure is carried out for the Customer's safety and, therefore, by accepting these General Terms and Conditions of Purchase, the Customer agrees to submit to the referred procedure for detecting possible fraudulent operations and authorizes WAIXO so that, once the Customer provides the referred additional information and documents, these may be used for future purchases by the same Customer.
Once WAIXO has verified that the purchase process has been carried out correctly, it will proceed to deliver the products to the address indicated by the Customer in the purchase procedure, during normal working hours and within the periods provided on the Website.
WAIXO may inform the Customer, by sending an email, of the date the order leaves WAIXO's production plant and the contact details of the transport company that will make the delivery.
Delivery will be made within approximately 72 hours and will be considered effective from the moment the product has been made available to the Customer at the location indicated by the Customer or the product has been picked up by the carrier hired by the Customer.
The risk of the products (including loss, impairment, or theft) will be transferred to the Customer from the moment they have been made available to them.
If there is any incident in the delivery of the products, WAIXO will inform the Customer adequately and immediately.
The order may be delivered in several pieces.
Delivery may be made through any of the following ways:
To the address indicated by the Customer when making the purchase.
In the event that the Customer, after making the purchase, wishes to modify the delivery address, they may do so as long as the order is "Pending shipment". WAIXO will not be responsible for errors and/or damages caused in the delivery when the address entered by the Customer does not exist, is incorrect, or when the requirements for changing the delivery address indicated previously are not met. WAIXO may deliver the products in several shipments.
If at the time of delivery of the product at the address indicated by the Customer, they are absent or no one picks up the product, the Customer must contact WAIXO as soon as possible to arrange a new delivery date. If the delivery of the product to the Customer has not been made for reasons not attributable to WAIXO or the carrier, the products will be returned to WAIXO and the Customer must bear the shipping and return costs, as well as any associated management costs.
Customer sending their own transport agency:
WAIXO will send an email to the Customer communicating the date on which the products will be available to the Customer at WAIXO's production plant.
At the time of delivery of the product, in order to proceed with its delivery, the transport agency hired by the Customer must indicate the order code and the Customer's details.
In the event that, upon opening the packages with the products, the Customer sees that they are damaged due to transport, are wrong, or products are missing, they must notify WAIXO in writing within five (5) calendar days from delivery, so that WAIXO may proceed accordingly.
All purchase orders for products are subject to their availability. In case of lack of availability of the contracted product, WAIXO will inform the Customer and may cancel their purchase request, refunding the amount paid within a maximum period of thirty (30) days.
The Customer has a period of fourteen (14) calendar days from the date of receipt of the product to exercise their right of withdrawal without incurring any cost to the Customer.
All orders placed through a wholesale account will be treated as Business-to-Business contracts and are not subject to the laws governing consumer rights because wholesale accounts are considered businesses. Companies or businesses cannot claim a legal remedy regarding wear and tear, misuse, or accidental damage, or in the event they decide they no longer want the product.
Notwithstanding the foregoing, the Customer may not withdraw in the following case:
The Customer acknowledges that they are aware that all products offered by WAIXO on its website are manufactured to a clearly bespoke specification, with the exception of fabrics in their natural colour, which are not printed. Fabrics printed with customer designs, patterned fabrics and plain-coloured fabrics are manufactured to order on a bespoke basis in the length specified by the Customer, in the specified fabric and with the design or colours selected by the Customer.
The Customer acknowledges that WAIXO does not hold stocks of finished products, except for the base fabrics in their natural colour which are used to manufacture the made-to-order items requested by the Customer; what is shown on the website in the section for printed and plain fabrics is a preview of the products ordered on demand which are subsequently manufactured for the Customer using the chosen fabric and the design or colour selected in the requested quantity.
The Customer accepts that the name of each product is a combination of the base fabric chosen and the design chosen in the case of Printed Fabrics, and of the base fabric and the CMYK colour chosen in the case of Plain Fabrics, with WAIXO manufacturing it in accordance with the Customer’s specifications.
Therefore, the right of withdrawal does not apply to products offered by WAIXO that are personalised according to the customer’s specifications or made to measure for the customer. However, this right does apply to unprinted natural-coloured fabrics, as these are not considered personalised goods under Article 103(c) of the LGDCU.
You do not have the right to cancel products that have been personalised, as these products have been manufactured according to your specific requirements. However, you may cancel or edit your order within the first 30 minutes of placing your order for your personalised product(s) via our website.
This 30-minute period begins when you receive the confirmation email or when the following message appears in the order summary on your screen: “Thank you, your order has been confirmed”. After this time, your order will enter the production process and therefore cannot be modified.
To exercise the right of withdrawal, the Customer must complete the Withdrawal Form, send it to info@waixo.com and return the product.
Once the right of withdrawal has been correctly exercised and, in any event, within a maximum period of fourteen (14) calendar days from receipt of the Withdrawal Form and the product, WAIXO will credit the amount of the original invoice and refund the Customer the full purchase price and delivery costs.
Notwithstanding the above, the costs of returning the product from which you wish to withdraw shall be borne by the buyer in accordance with the instructions in the “Returns” section.
Below, we provide the model withdrawal form. Please note that you should only complete and submit the following form if you wish to withdraw from the contract.
I hereby give notice that I am withdrawing from my contract of sale for the following item(s):
The Customer must contact WAIXO, via the channels indicated at the beginning of the General Terms and Conditions of Purchase, to submit their complaints and claims. WAIXO undertakes to deal with them as soon as possible and, in any event, within one month of their submission.
Without prejudice to the right of withdrawal set out above, returns of products purchased from WAIXO shall be limited exclusively to fabrics in their natural, unprinted colour; for all other fabrics, please refer to the section Incident Management.
For returns, you may use the same box or envelope in which the product was sent, or, failing that, a similar format that ensures the product remains in perfect condition during dispatch.
The right of return is subject to the following conditions:
Once received, WAIXO will check the item at its premises to ensure it is in good condition, and reserves the right not to issue a refund if it finds that the product purchased and the returned item do not match, or if the return has not been made in accordance with these General Terms and Conditions of Purchase.
The cost of the return shall be borne by the Customer, except in cases where the product is faulty. When sending the item, we recommend using a delivery method that includes proof of delivery. As soon as WAIXO receives the return at its premises, it will check that the product is in order and process the corresponding refund. This process may take up to 14 calendar days and, if everything is in order, the refund for the returned product will be processed via the payment method used within forty-eight (48) hours of confirmation of the order’s arrival at the premises.
If returning goods from the Canary Islands or other non-EU parts of the world, the customs declaration (CN22 and/or CN23) must also be indicated on the outside of the parcel. Failure to do so may result in the goods being rejected by customs and subsequently returned to the sender.
Before returning an order, please ensure you contact your country’s tax authorities to confirm whether import duties will be refunded. The refund will be processed within seven (7) calendar days for debit cards and within thirty (30) calendar days for credit cards. If payment was made by bank transfer, you will need to provide an account number to which the refund can be paid, and it may take two (2) working days for the refund to appear in the recipient’s bank account.
Partial returns of an order will result in a refund of the price of the returned Product, but not of the delivery charges.
In the case of the return of defective products, the Customer shall be entitled to a refund of the price, the delivery charges and the return shipping costs for the defective products or for products delivered that do not correspond to the order placed by the Customer, in accordance with applicable legislation, except in the case of customised orders where the reprinting of the affected area or areas shall take precedence; see incident management.
To open an incident, please go to My Account/My Orders and open an incident for the relevant order.
Incidents may be opened within a maximum of 60 days from the date the product was dispatched from our premises
Only one incident may be opened per order; to do so, the customer must review the entire order and, once it has been fully reviewed, may open a single incident covering all identified issues.
Waixo will cover the cost of a single collection per claim and a single delivery of the reprinted fabric, if applicable.
Claims are processed within approximately 72 hours.
Once the claim has been received, the Customer will be informed whether or not the product will be collected.
WAIXO has developed a section on Reasons for excluding reprints as a guide.
Despite WAIXO’s best efforts, and due to technological limitations and/or the subjective visual perception and interpretation of each website user, in addition to the settings of their monitors or screens regarding brightness, saturation, contrast or other factors, there may be some discrepancies between the online representation and the colour of the product received.
To avoid this, WAIXO provides Customers with Colour Charts to ensure with complete certainty that the selected colour is correct.
The Customer accepts that purchasing a product without first requesting samples or colour charts is grounds for excluding the reprinting of their order.
Despite WAIXO’s best efforts, and due to technological limitations and/or the subjective visual perception and interpretation of each website user—in addition to the settings of their monitors or screens regarding brightness, saturation, contrast or other factors—there may be some discrepancies between the online representation and the texture of the product received. The choice of fabric is at the Customer’s discretion.
To avoid errors in the choice of fabric texture, WAIXO provides Customers with free samples to ensure with complete certainty that the selected texture is correct.
The Customer accepts that purchasing a product without first requesting samples is grounds for excluding the reprinting of their order.
Other grounds for exclusion are as follows:
Any bespoke services, such as cutting each design individually, omitting the WAIXO brand from the packaging, or choosing the type of packaging (tube, bag or other), will be quoted separately.
However, we may, at our sole discretion, attempt to find other solutions in the best interests of our customers.
The Customer authorises WAIXO to donate to charitable organisations any defective fabrics or those resulting from incidents that feature the Customer’s own design.
In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, Waixo informs Customers that they may submit their complaints to the dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr
The General Terms and Conditions of Purchase are written in Spanish.
The General Terms and Conditions of Purchase shall be governed by and construed in accordance with Spanish law.
In the event of any conflict or discrepancy arising in the interpretation and/or application of the General Terms and Conditions, the competent courts shall be those provided for by the applicable regulations governing the competent jurisdiction for consumers and users.
