General terms and conditions for using Wisecart App

1.GENERAL

Cotsworlds Ecommerce Limited, Louizalaan 65bus 11, 1050 Brussel, name of director: Bowen Zhang, 0771.804.155 (“Wisecart”) operates an app through which consumers in accordance with section of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (“GLDCU”), meaning a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, (“User(s)“) can purchase goods from Wisecart or another merchant/s, who sell goods via the app, after they have registered in the app (“Wisecart App“).

You can contact Wisecart by writing to service.es@wisecartapp.com.

2.SCOPE

These Terms and Conditions for the use of the Wisecart App (“Terms of Use“) shall apply to all contracts concluded between Users and Wisecart with regard to the use of the App (“Contract”).

For the purchase of the goods via Wisecart App separate terms and conditions (“Terms of Sale”) do apply.

The User may download and save the current version of these Terms of Use in the Wisecart App. Wisecart will also send the version of the Terms of Use valid at the time of the registration in the confirmation email send after the successful confirmation, but will not store the Terms of Use for the User in the Wisecart App.

3.REGISTRATION AND USE OF THE WISECART APP

3.1. REGISTRATION

The use of the Wisecart App is free of charge for Users and requires registration.

Users are only allowed to register if they are natural persons and are at least 18 years old.

The User must use the Wisecart App on his own account. The User shall not act on behalf of another person.

Multiple registrations or registration with incorrect data will not be accepted.

For the purpose of registration, the User enters his name and an email address in the Wisecart App. Before the User submits her/his name and e-mail address, she/he can correct the entries. If the email address is not already registered, a verification code will be sent to the email address entered. The User shall enter this verification code in the Wisecart App order to proceed with the registration. After successfully entering the verification code, the User selects a password and enters the selected password. Subsequently, the User will receive a confirmation email to the entered email address. The registration is completed by receipt of the confirmation email. With the receipt of this confirmation email the Contract in accordance with this Terms of Use is concluded between the User and Wisecart. Registration via an already existing social media account (such as Facebook) is also possible. Therefore, the user logs in via his social media account by entering his access data for the social media account. The registration is completed by receipt of the confirmation email.  The User has no legal claim to registration. Wisecart may, at its own discretion, refuse the registration if it considers that the User is in breach of the Terms of Use. The User shall not share their password with third parties and must keep it secret and protect it from unauthorized access by third parties.

Wisecart’s policies and procedures relating to the use of the Users’ personal information in connection with the Wisecart App are outlined in our Privacy Policy.

The User can delete her/his account at any time, for any reason, by following the account deletion instructions on the Wisecart App.

3.2. USE OF THE WISECART APP

After successful registration, the User is entitled to use the Wisecart App in accordance if this Terms of Use.

During the term of this Contract in accordance with these Terms of Use, the User is obligated to keep all the data which the User has entered during the registration process and in the checkout-process for purchases in the Wisecart App (e.g. delivery and billing addresses, payment methods) up to date. Changes to this information can be made in the Wisecart App.

4.CONCLUSIONS OF PURCHASE CONTRACTS ON THE WISECART APP

Registered Users can use the Wisecart App for concluding purchase contracts in accordance with the Terms of Sale with either Wisecart or a merchant, who sells goods via the Wisecart App, as a third party (“Third Party Seller”) (Wisecart and the Third Party Seller are each referred to as “Seller”). The full name of the respective Seller is displayed on the sales page and in the checkout process in the Wisecart App. The presentation and advertising of goods on the Wisecart App does not constitute a legally binding offer to conclude a purchase contract. The specific Seller is solely responsible for the fulfilment of the obligations of the purchase contract in accordance with the Terms of Sale. In case of sales of Third Party Sellers, Wisecart, as the Wisecart App operator, does not take any responsibility for the sale of goods via the Wisecart App and does not act as vicarious agent for the Seller.

5.FEEDBACK FUNCTION AND MEASURES AGAINST USER

5.1.USE FEEDBACK FUNCTION

Users have the option to evaluate and comment on purchases and Sellers on the Wisecart App visibly for other Users (“Feedback”).

Users are required to evaluate and comment objectively. It is prohibited to make false statements about the Seller, Wisecart, third parties, goods, the sales process or other performances of Wisecart and/or the Seller. Furthermore, it is prohibited:

If the User deletes her/his account, the given Feedback will remain visible to all Users, but the account will no longer be retrievable and will be marked in the feedback section of the Wisecart App as “deleted”.

5.2. RIGHTS TO USE FEEDBACKS

In case you provide Feedback or you make available other content for display on the Wisecart App (for example, images, videos, or audio, collectively, “Content“), you grant Wisecart a non-exclusive, non-sublicensable, royalty-free right to use, reproduce, publish and modify (just technically – with the exception of deleting – to be able to display the Content in the Wisecart App) such Content on the Wisecart App throughout the world and the right to use the name that you submit in connection with such Content.

5.3 MEASURES AGAINST USER

Wisecart can take the following measures if there are concrete indications that a User violates legal regulations or the prohibitions pursuant to section 5.1 or to protect Users from fraudulent activities:

When deciding whether or which measure to take, Wisecart will take into account the legitimate interests of the affected User, in particular whether there are indications that the User is not responsible for the violation. Furthermore, the User shall be given the opportunity to comment on the accusation. Wisecart shall also take such statement into account in its decision.

5.4 INDEMNIFICATION

The User shall indemnify Wisecart from all claims that other users or other third parties assert against Wisecart due to infringement of their rights by the User through her/his Feedback and other content or due to her/his other use of the Wisecart App. This does not apply if the User is not responsible for the infringement. In the event of a claim by a third party, the User is obligated to provide Wisecart immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defense. In addition, the User is obligated to support Wisecart in the defense of claims to the extent necessary and reasonable.

6.SECURITY

The User is responsible for ensuring the confidentiality of her/his account and password and for restricting access to her/his computer and mobile devices. The User shall keep her/his login and password secret and protect them against unauthorized access by third parties.

Users are required to inform Wisecart’s customer service immediately if there is evidence that a user account has been used by a third party.

Furthermore, the User shall change her/his password immediately and check whether goods were purchased or Feedback was left via her/his account without her/his involvement. In case of purchases and Feedback left without her/his involvement, the User is obliged to report these incidents to Wisecart and the police.

In case of an evidence that a User account has been used or is used by a third party, Wisecart is entitled to temporarily block the account and ask the User to update the password. Wisecart shall immediately inform the User thereof.

7.LICENSE

The rights to the Wisecart App and the displayed and transmitted content remain with the respective copyright holders and are subject to copyright protection. Users only have usage rights to the Wisecart App and its content in accordance with the specifications below.

Wisecart provides the User with internet-based access to the Wisecart App during the term of this Contract. The Wisecart App is provided to the User for use after successful registration.  For this purpose, Wisecart grants the User the right to use the Wisecart App and its functions for contractual use, which primarily includes the right to purchase goods via the Wisecart App. This right is non-exclusive, non-transferable, non-sublicensable and limited to the use (purchase of goods, feedback) necessary under this Terms of Use and the Terms for Sale.  The User does not receive any further rights with regard to the Wisecart App, unless these rights are mandatory according to statutory provisions.

The subject of the above right of use also refers to new versions, updates and upgrades of the Wisecart App installed during the term of this Contract.

8.TECHNICAL AVAILABILTY OF THE WISECART APP

Wisecart makes the Wisecartavailable available on average e.g. 99,7% based on a calendar year. Downtimes affecting the User will be reported by Wisecart to an email address provided by the User.

Maintenance times are not taken into account when determining the availability.

To ensure the quality and further development of the Wisecart App, Wisecart may announce maintenance windows during which Wisecart may not provide the Wisecart App. This time will not be considered in the calculation of availability. As far as possible, Wisecart will schedule maintenance windows at times of low utilization. Maintenance windows will be announced to the User by email and with reasonable advance notice.

The calculation of availability also does not take into account times when the Wisecart App is unavailable due to urgent adjustments or updates to the IT infrastructure used for the Wisecart App to fix security vulnerabilities, acutely unstable software/hardware or in case of imminent danger, such as ongoing attacks. In such cases, Wisecart may also make use of unscheduled and unannounced maintenance periods. However, Wisecart will make every effort to notify the User immediately and inform the User by email about the status of the process.

When calculating the availability, times during which the Wisecart App cannot be accessed due to technical or other problems that are not within the sphere of influence of Wisecart [force majeure, fault of third parties (who are not vicarious agents), causes within the sphere of influence of the User (e.g. hardware faults), etc.] are also not included.

9. CUSTOMER SERVICE

You can address any complaint you may have to: service@wisecartapp.com. If the complaint concerns Wisecart itself, Wisecart will reply on his own behalf. If this is not the case, Wisecat will forward the complaint to the respective Third-Party Seller for it to respond.

Our customer service is available Monday to Friday from 8:00 until 21:00.

In case of Third Party Sellers, you can also contact the Third Party Sellers directly. The full name of the Seller and how to contact the Seller, is displayed on the sales page and in the checkout process in the Wisecart app.

10.LIABILITIES

For claims based on damages caused by Wisecart, the legal representatives of Wisecart or vicarious agents, Wisecart is always liable without limitation

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the Contract and compliance with which the User may regularly rely on (cardinal obligations) due to slight negligence on Wisecart’s part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

11.TERM AND TERMINATION

This Contract shall have an indefinite term and may be terminated by either party with 1 months’ notice to the end of the month. The right to terminate for cause remains unaffected. The termination must be in text form.

Purchase contracts concluded via the Wisecart App in accordance with the Terms of Sale remain unaffected by the termination of the Contract.

12.AMENDMENTS TO THE TERMS OF USE AND WISECART APP

12.1 CHANGES OF THE WISECART APP

Wisecart shall be entitled to make changes to the IT systems used to provide Wisecart App and to the technical functionalities of the Wisecart App at any time if and insofar as this is necessary for a valid reason that was not foreseeable at the time this Contract was concluded and the change is reasonable for the User. A valid reason exists if these changes are necessary to adapt to the state of the art or to optimize, in particular to maintain or improve IT systems and functionalities of the Wisecart App or if newly enacted or amended statutory requirements, in particular regulatory requirements, necessitate such a change. And such changes to the technical functionalities of the Wisecart App not lead to unilateral deterioration and/or discontinuation of functionalities.

12.2 AMENDMENTS TO THE TERMS OF USE

Wisecart may amend this Terms of Use insofar as this is necessary to adapt to developments that were not foreseeable when this Contract was concluded and which Wisecart did not cause or cannot influence or due to developments customary in the market and whose non-consideration would not insignificantly disrupt the balance of the contractual relationship between the Parties and insofar as this does not affect essential provisions of the contractual relationship. Essential provisions are those concerning the type and scope of the contractually agreed services and the term including the provisions on termination. Furthermore, the Wisecart Terms of Use may be amended if this is necessary to eliminate not insignificant difficulties in the performance of this Contract due to contractual loopholes that have arisen after the conclusion of this Contract. This may be the case in particular, if the case law on the effectiveness of provisions of these Terms of Use changes, if one or more provisions of these Terms of Use are declared invalid by the case law or if a change in the law leads to the invalidity of one or more provisions of these Terms of Use and/or in case changes are required due to legal requirements.

Such Amendments to the Terms of Use will be communicated to the User in text form no later than two months before the proposed date of their entry into force. The User may either accept or reject the changes, at the latest, one month before their proposed effective date.

The User’s consent shall be deemed to be granted if the User has not indicated his refusal, at the latest, one month before their proposed effective date. Wisecart will in its notification about the offering of the amendment separately inform the User of this approval effect and her/his right to reject.

13.DISPUTE RESOLUTION

The European Commission provides Users with a free to use platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. The Seller is not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14.FINAL PROVISIONS

Spanish law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar mandatory provisions of the law of the state in which the consumer has his habitual residence do not foresee otherwise.

Contract language is Spanish and English. In case of inconsistencies between the different language versions, the language version selected during the registration shall prevail.

Should individual provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected thereby. The invalid, illegal and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision which corresponds as far as possible to the spirit and economic purpose of these Terms of Use and the original intention of the parties.

 

General terms and conditions for Sales on the Wisecart App

1.SCOPE

The Wisecart App can only be used by consumers in accordance with section  3.1 of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (“GLDCU”), meaning a natural person who enters into a legal transaction for purposes that are outside their trade, business or profession, that have been successfully registered for the use of the App in accordance with the conditions for the use of the Wisecart App (“Terms of Use”)

For all orders via the Wisecart App by consumers, the following Terms of Sale apply in the version agreed to at the time of the purchase process. Any Annex attached to these Terms of Sale are part of them thereof.

2.CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded either with Cotsworlds Ecommerce Limited, Louizalaan 65 Stratenplan bus 111050 Brussel, name of director: Bowen Zhang, 0771.804.155 (“Wisecart”) or a merchant, who sells goods via the Wisecart App, as a third party (“Third Party Seller”) (Wisecart and Third Party Seller are each referred to as “Seller”). You can contact Wisecart by writing to service.de@wisecartapp.com. The full name of the Seller and how to contact the Seller is displayed on the sales page and in the checkout process in the Wisecart App. Only the respective Seller is obliged to provide the buyer with possession and ownership of the specific good purchased by the buyer via the app.

The specific Seller is solely responsible for the fulfilment of the obligations of the purchase contract under this Terms of Sale. In case of sales of Third Party Sellers, Wisecart does not take any responsibility for the sale of goods via Wisecart App and does not act as an vicarious agent for the Seller.

The presentation of the products in the app does not constitute a legally binding offer, but is rather a non-binding catalog (invitatio ad offerendum). You can initially place our products in the shopping cart without obligation to purchase these products and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

The Seller will accept your offer within two days by:

During the two days the seller has to accept the offer, your offer remains valid. The alternative that is relevant to you is based on which of the enumerated events occurs first.

3.CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: Spanish and English.

In case of inconsistencies between the different language versions, the language version selected during the purchase process and provided to you in the conformation email shall prevail.

The text of the contract, the order data and our Terms of Sale will be sent in text form to the buyer. The buyer can also view this information (text of the contract, the order data and this Terms of Sale) in the Wisecart App.

4.DELIVERY

We will deliver your order within Spain. Shipping costs will be added to the indicated product prices. You can find out more about the amount of the shipping costs on http://en.4px.com/

Delivery will only be done by mail order. Unfortunately, self-collection of the goods is not possible. The exact details on delivery methods offered for the specific product can be found on the respective product page.

For more information about the delivery, see the product description.

5.PAYMENT

You will be able to pay using any of the payment methods available at any time on the app. Among them you can find::

By submitting the order you provide your credit card details. Your card will be charged after the goods are shipped.

6.RIGHT OF WITHDRAWAL

Consumers are entitled to the statutory right of withdrawal, as described in the text of the contract and in the withdrawal information provided to you in the separate document in the checkout process in the Wisecart App.

You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately 50 EUR.

7.RETENTION OF TITLE

The goods remain in the property of the Seller until full payment.

8.TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please complain about such defects to the Seller as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9.WARRANTY AND GUARANTEES

9.1 Validity of the statutory liability for defects

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

The statutory liability for defects shall not apply to claims based on damage caused by us, our legal representatives or vicarious agent

9.2 Guarantees and after sales service

Information on any additional warranties that may apply and their exact terms can be found with the product and in the Wisecart App.

10.CUSTOMER SERVICE

You can address any complaint you may have to: service@wisecartapp.com. If the complaint concerns Wisecart itself, Wisecart will reply on his own behalf. If this is not the case, Wisecart will forward the Complaint to the respective Third-Party Seller.

Our customer service is available Monday to Friday from 8:00 until 21:00.

In case of Third Party Sellers, you can also contact the Third Party Sellers directly. The full name of the Seller and how to contact the Seller, is displayed on the sales page and in the checkout process in the Wisecart app.

11.LIABILITIES

For claims based on damages caused by the Seller, the legal representatives of the Seller or vicarious agent, the Seller is always liable without limitation in the following cases:

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the buyer may regularly rely on (cardinal obligations) due to slight negligence on the Seller’s part, on the part of its legal representatives or vicarious agent, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

Notwithstanding the above, if the goods do not conform to the contract, you may choose between repair or replacement unless either of these two options is impossible or, in comparison with the other remedial measure, would entail disproportionate costs for the employer, taking into account all the circumstances. Where the trader fails to implement any of the corrective measures set out above or where the lack of conformity is very serious, the consumer may demand a proportionate reduction of the price or termination of the contract.

12.DISPUTE RESOLUTION

You may resort to any of the following dispute resolution schemes:

13.YOUTH PROTECTION

If your order includes goods whose sale is subject to age restrictions, the Seller shall ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the customer in person. Delivery to packing stations is not possible in this case.

14.FINAL PROVISIONS

Spanish law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar mandatory provisions of the law of the state in which the consumer has his habitual residence do not foresee otherwise.

 

 

ANNEX: Withdrawal information

Cancellation policy

Right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason and without penalty of any kind.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform the Seller of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the enclosed sample withdrawal form, send an email to [®] or call the telephone number [®].

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the withdrawal

If you withdraw from this contract, the Seller must refund all payments it has received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, the Seller will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. The Seller may refuse repayment until the Seller has received the goods back or until you have provided proof that you have returned the goods, whichever happens first.

 

You must return the goods to the Seller immediately and in any event no later than fourteen days from the day on which you notify the Seller of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

 

You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately 50 EUR.

 

Sample withdrawal form

 

(If you wish to withdraw) Please fill in this form and return it to us.

 

– To [name, address and, if applicable, the fax number and e-mail address]:

 

– I/we (*) hereby withdraw

 

– Ordered on (*)/received on (*)

 

– Name of the consumer(s)

 

– Address of the consumer(s)

 

– Signature of consumer(s) (only in case of paper communication)

 

– Date(s)

 

(*) Delete where inapplicable.