General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products or services (hereinafter, “Conditions”) through the marketplace https://sowll.com/, owned by The Gentle Revolution, S.L. under the trademark SOWLL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• – You have read, understand and comprehend the above.
• – You are a person with sufficient capacity to contract.
• – Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

PROVIDER: intermediary between the SUPPLIER and the USER of the products or services published on the marketplace.

• The Gentle Revolution, S.L, with registered office at Av/ De Nazaret, 3 Portal 2 4ºizq – Madrid – 28009 (Madrid), CIF B44663748 and customer service/USER mail contact@sowll.com.

SUPPLIER: seller of the products or services to the USER, published in the PROVIDER’s marketplace.

USER: buyer of the products published in the marketplace.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery of a specific product or service in exchange for a specific price, which is publicly displayed on the website.

Recruitment procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and a password, for which he/she will have full responsibility of use and custody, and will be responsible for the veracity of the personal data provided to the PROVIDER, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or possible access by an unauthorised third party, so that the latter proceeds to the immediate blocking..

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General terms and conditions.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online complaints and dispute resolution.
5. Force majeure.
6. Competence.
7. General information about the offer.
8. Price and period of validity of the offer.
9. Transport costs.
10. Payment methods, charges and discounts.
11. Purchasing process.
12. Unbundling and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

This marketplace platform offers the service of putting OFFERS and REQUESTS in contact, charging, by electronic means, a commission for each purchase and sale transaction carried out under the General Conditions set out herein, and is not responsible for the products and/or services offered by external SUPPLIERS since, according to EU Directive 2000/31/EC, it is not responsible for the products and/or services offered by external SUPPLIERS:

• It acts solely as an intermediary between the PROVIDER and the USER, acting as a “meeting point” or “data host”.
• It has no effective knowledge of the activity or information displayed by the SUPPLIERS, in the PROVIDER’s marketplace or elsewhere, whether it is lawful or not, or whether it harms the property and rights of a third party liable for compensation.

The service allows the USER to register on the marketplace, to contact the SUPPLIERS to place orders for products, to confirm receipt of products and to communicate with each other using a messaging tool made available to them.

2. SHIPPING AND DELIVERY OF ORDERS

Shipping methods

The PROVIDER or the SUPPLIER will not send any order until they have checked that payment has been made correctly. The shipping methods available in the online shop are various, depending on whether they are sent by the PROVIDER or by the SUPPLIER; this information will be provided in detail at the time of purchase. Among the companies that may be responsible for the shipment of the products purchased are, among others:

• Correos
• UPS
• DHL

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

In addition, as previously mentioned, there are two shipping methods for products purchased through the website:

1. The PROVIDER is in charge of organising the order. In this case, the PROVIDER is in charge of creating the shipping label, which it sends to the SUPPLIER, who is in charge of sending it to the USER.
2. The PROVIDER manages the entire shipping process. In this case, the PROVIDER carries out all the management and only informs the PROVIDER of the status of the shipment so that it can send it to the USER.

Delivery times

The delivery time will be between 4 and 7 working days, depending on the destination town and the chosen method of payment. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to execute the contract remotely

In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.

It is the responsibility of the USER to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, but rather the activation of some services, which are directly downloaded from the website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

The USER has a period of 14 calendar days from the date of receipt of the product to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

Based on the provisions of article 103 of the General Law for the Defence of Consumers and Users, the right of withdrawal is excluded on the following grounds:

• Products sealed and not suitable for return due to hygiene reasons, which can be unsealed after delivery.
• Products with obvious signs of use.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to contact@sowll.com indicating the corresponding invoice or order number.

Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs at his/her expense, to the address indicated at the time of requesting the return.

WITHDRAWAL FORM

You should only complete and send this form to the e-mail address indicated (contact@sowll.com) if you wish to withdraw from the contract or service contracted..

• For the attention of (here you must insert the name of the company, full address and, if available, telephone, fax and e-mail numbers):
• I/We hereby inform you (*) that I/We hereby withdraw from my/our (*) contract for the sale of the following good/provision of the following service (*).
• Ordered on/applied for on (*).
• Name and address of the consumer and user(s).
• Date and signature of the consumer and user or consumers and users.

EXCHANGE POLICY

To request an exchange of the product, the USER must contact Customer Service within 14 calendar days of receipt of the order.

Under no circumstances will collect postage due shipments be accepted.

In the event that the product to be exchanged has a higher price than the one previously purchased, the USER must pay the difference in value. If, on the other hand, the new product has a lower price than the one previously purchased, the difference in the amount will not be refunded, but will be in the form of a gift voucher to be used in your next purchase.

To manage any type of return or exchange of products purchased at https://sowll.com/ the USER must contact our Customer Service Department.

The USER must inform the PROVIDER of the order number and will be informed of all the steps to be followed. It is also informed that the PROVIDER will not accept changes or returns that have not been previously communicated through the aforementioned channels.

The SUPPLIER will have a period of 24 to 48 hours from receipt of the product to check that it has no damage, obvious signs of use or any of the reasons listed above. Once the SUPPLIER has checked that the product being returned meets the requirements, it will inform the PROVIDER accordingly, which will pay the amount of the product to the client.

In the event that the product has a defect, the PROVIDER will not refund the money and the PROVIDER will return the product to the client or user.

CANCELLATIONS

The USER may cancel his/her order, as long as it has not left our warehouses. In this case, the USER must contact the PROVIDER by e-mail at contact@sowll.com or through the Customer Service channels, communicating his/her identification data and order reference number.

In the event of cancellations, the amounts previously paid by the USER will be refunded by the same means used for the initial transaction.

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: The Gentle Revolution, S.L, Av/ De Nazaret, 3 Portal 2 4ºizq – Madrid – 28009 (Madrid)

Mail: contact@sowll.com

Online Dispute Resolution

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

7. GENERAL INFORMATION ABOUT THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of The Gentle Revolution, S.L. or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and shall be expressed in EURO or KORONA (KR) currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will remain the same whether or not products are available.

Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product. The USER will receive the invoice in PDF format together with the order confirmation email.

For any information about the order, the USER may contact via email to the address contact@sowll.com.

9. TRANSPORT COSTS

The prices published in the shop do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.

The maximum transport rate (including VAT) applied is as follows:

• Shipments to Spain (including Balearic and Canary Islands) and Italy: 4,90 Euros
• Shipping to Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Luxembourg, Netherlands, Poland, Portugal, Slovakia and Slovenia: 15 Euros

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:

• Credit card
• Pay Pal
• Stripe
• Sowll Gift Card

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS

Basket (budget simulation)

Any product from our catalogue can be added to the basket. In the basket, only the items, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalisation:

1. Checking of the selected products.
2. Verification of the invoicing data.
3. Verification of the delivery address.
4. Selection of the payment method.
5. Placing the order (purchase).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without notice, suspend or terminate the contract where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. GUARANTEES AND RETURNS

The guarantees shall comply with the provisions of the Title referring to “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms.