These Terms of Purchase for certain European Countries ( “ROE Terms of Purchase” ) are the contractual basis for any purchase or other transaction you enter into on or through our website, if you are the “ROE Countries”. The ROE Terms of Purchase consist of the General Terms & Conditions (sections A. 1 – A. 14), and the Special Terms of Purchase (sections B. 1 – B. 10).
CONTENTS
A. 1. SCOPE.
These ROE Terms of Purchase apply to any transaction (including purchases) you make on or through the website located at trendspinning.com (the “Site” which includes local version of the Site, if any), or via the trendspinning mobile applications (the “Apps” ).
A. 2. DEFINITIONS.
The terms “Company” , “we” , “us” or “our” ” will be used to describe your contractual partner who will be the respective seller of your product, who varies depending on your own location: If you are located in the ROE Countries, the seller and your contractual partner is SPINNING TECH LTD Level 1, Devonshire House, 1 Mayfair Place, London, England, W1J 8AJ, UK.
When you buy a product or multiple products through our Site or Apps we will be speaking of “Purchases” .
“Agreement” shall mean the purchase contract concluded between you and the Company based on these ROE Terms of Purchase.
“Force Majeure” shall mean events that are beyond our reasonable control.
A. 3. AGE REQUIREMENTS AND ACCEPTANCE.
(1) To shop with us, you need to be at least 16 years old.
(2) By purchasing goods via our Site or Apps, you expressly understand, acknowledge and agree to be bound by the ROE Terms of Purchase. You are only authorized to make a Purchase with us if you agree to abide by all applicable laws and to these ROE Terms of Purchase. In addition, you may read our Privacy Policy at any time for more information about how SPINNING TECH LTD collects, stores, and protects your personal data when you make a Purchase.
A. 4. UPDATES.
(1) Subject to the conditions of applicable law, we reserve the right to modify the ROE Terms of Purchase, including the Privacy Policy.
(2) Notwithstanding the aforesaid, your purchase contract will be governed by the ROE Terms of Purchase in force at the time that you place your order as described in Set B.
A. 5. EVENTS BEYOND OUR CONTROL.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the ROE Terms of Purchase or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized 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.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
- Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.
It shall be understood that our obligations deriving from the ROE Terms of Purchase or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the ROE Terms of Purchase or other contracts despite the situation of Force Majeure.
A. 6. LIMITATION OF LIABILITY.
(1) Your claims for damages are excluded, except for such claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Company shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.
(3) The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Company if claims are asserted directly against them.
(4) Any applicable mandatory statutory provisions, in particular provisions concerning liability for defective products, remain unaffected.
A. 7. ASSIGNMENT.
You may not assign or transfer the Agreement (or any of your rights or obligations under the Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer the Agreement. The Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
A. 8. ENTIRE AGREEMENT; NO WAIVER.
(1) These ROE Terms of Purchase, together with any legal notices published on the Site or Apps, shall constitute the entire and only agreement between you and us concerning the Purchase, and supersede all prior terms, agreements, discussions and writings regarding the subject matter.
(2) Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded.
(3) If any provision of the ROE Terms of Purchase is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the ROE Terms of Purchase, which shall remain in full force and effect.
(4) No waiver of any term of the ROE Terms of Purchase shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the ROE Terms of Purchase shall not constitute a waiver of such right or provision.
A. 9. INDEMNIFICATION.
You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to your breach of these ROE Terms of Purchase. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if required, you will allow us to participate in the defense and will not settle any such claim without our prior written consent, and you will have no further obligation to defend us in that matter.
A. 10. APPLICABLE LEGISLATION AND JURISDICTION.
(1) These ROE Terms of Purchase are governed by and construed in accordance with the laws of UK without regard to its conflict of law provisions, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(2) Subject to Section A.11, any dispute arising out of or in connection with these Terms of Purchase and the purchase of the products, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the UK International Arbitration Centre in accordance with the Arbitration Rules of the UK International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be UK. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
Nothing in this Section shall affect the statutory rights you as a consumer have, as recognized in any applicable legislation in this area.
A. 11. ONLINE DISPUTE RESOLUTION PLATFORM.
If you are located in Iceland or Norway, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
A. 12. COPYRIGHT INFRINGEMENT.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, you are encouraged to send an email to service@trendspinning.com.
A. 13. BUSINESS TRANSFERS.
If Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enters bankruptcy, user information and ongoing contractual relationships would be assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of the Company or its substantial assets may continue (i) to use your personal information as set forth in the Agreement and our Privacy Policy, and (ii) to communicate with you to the extent the Company was permitted to do. For more information, please see our Privacy Policy.
A. 14. CONTACT US.
We welcome your questions and comments about our privacy practices or these ROE Terms of Purchase. You may contact us anytime via email.
B. 1. PRICE AND PAYMENT.
(1) All prices are exclusive of delivery charges. Delivery charges can always be accessed via the link “Shipping Info” via the Site or the Apps. They are also specified individually for your order within the checkout process. The total cost of the order is the price of the products ordered and the delivery charge.
(2) Prices may change at any time, but changes shall not affect the orders for which we have confirmed, as described under section B. 2. ORDER PROCESS below.
B. 2 ORDER PROCESS.
(1) Our display of products via the Site or the App is a non-binding offer. Once you have selected an article that you wish to buy, it will be added to your shopping basket ( “Shopping Bag” ). To process the order and make the payment, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order, and you may be asked to log into your account or to register with us, to enter a shipping address, select a payment method and shipping option. You are provided with a detailed description of the purchase process. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.
(2) You may use the payment methods specified on the local Site, which may include Visa, Mastercard, JCB, etc. Depending on the method chosen, you may enter further details and may be led to the website of the payment provider in order to be identified as authorized user before you can place your order. You may also apply your Wallet assets as explained in our Terms of Use. When you click “Authorise Payment”, you are confirming that you are the authorized user of the payment method, and that, if applicable, the credit card is yours. If the payment provider, e.g. the credit card issuer, does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
(3) Once you have finished the payment process, you can place an order by clicking the “buy now” button, submitting an offer to us to buy (all) the product(s) in your Shopping Bag (your “Order” ). If you are a registered user, a record of all the orders placed by you is available in “My Account” area of the Site or Apps. To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your Order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction.
(4) We will then process your Order and send you a message to the email address you provided at checkout confirming receipt of your Order and containing the details of your Order ( “Order Confirmation” ). The Order Confirmation and/or the charging of your credit card or other payment method is confirmation we have received your Order.
(5) Our acceptance of your order and completion of the contract between us will take place when we dispatch the product(s) to you. Your card will be charged at the time of order unless you selected a pay later service (which is only available in certain countries) in which case your card will be charged at the time of shipment. If you select online banking, your placing of the order contains the debit mandate to charge your account.
B. 3. ERRORS.
(1) You will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through the Site and Apps. The Site and Apps display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Site and Apps offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
(2) If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service to correct the error.
(3) While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
B. 4. DUTIES.
For customers in some countries, if a purchase on a single day exceeds a certain amount under the applicable laws, duties may be imposed.
B. 5. CUSTOMS.
In accordance with Customs regulations, you must provide valid and accurate data. All consignee names, addresses and payer names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is your sole responsibility that the data you provide to us is complete and accurate. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases. You hereby authorize Company and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This power of attorney includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country.
B. 6. COLORS.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site and Apps. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
B. 7. PACKING.
Unless otherwise provided, we will comply only with minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
B. 8. SHIPPING & DELIVERY.
We ship from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. The expected delivery time is within 30 days, however, in case of shipping from countries other than the ROE Countries, it can be longer, pursuant to the information provided during the order process. If you have not received your delivery within 30 business days, please contact us.
B. 9. TITLE AND SHIPMENT.
Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Title to any purchased items transfers from the respective Company selling entity (i.e., SPINNING TECH LTD if you are located in the ROE Countries) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made to customer service within five (5) days after your receipt of the goods, unless otherwise provided by the applicable laws.
B. 10. RETURN OF PRODUCTS.
(1) Goods can be returned in designated period. The exact return period and return policy differs from country to country. Please contact our customer service for the detailed information. Except as otherwise agreed by the Company, Customers returning goods are responsible for freight charges.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be credited either to your Wallet within your User Account or your original method of payment at your election.
The following items cannot be returned or exchanged pursuant to our return policy: bodysuits, lingerie.
(2) To make use of our return policy, you must inform us.
