Terms & Conditions

Website Use and Online Product Sales - Terms and Conditions

WEBSITE OWNERSHIP

This document establishes the contractual information on remote contracting through the website en.wordans.nl, referred to in Article 4 of Decree-Law no. 24/2014 of 14th February , and on all its subdomains / sub-websites.

The owner of the website en.wordans.nl (hereinafter "WEBSITE"), including all its subdomains / sub-websites, is Promotional Product Almere B.V., a commercial limited liability company incorporated and existing under Spanish law, with registered office at Zekeringstraat 46 1014 BT, Amsterdam Netherlands registered with the Commercial Registry Office under the single registration and corporate entity number NL005596191B03 , with share capital in the amount of one thousand euros (hereinafter "NEEDEN CORP"), with email address customerservice@wordans.nl

NEEDEN CORP is the legitimate owner of the trademarks "Wordans" and "Wordans NL", as well as of the domains "en.wordans.nl" and "wordans.com".

NEEDEN CORP reserves the right to freely modify this information in order to adapt it to applicable legislation, without need for any prior notice.

Both browsing the WEBSITE, its subdomains and sub-websites, as well as purchasing any product at those addresses, presupposes the acceptance of these Terms and Conditions of Use, as well as the Privacy Policy, which can be consulted through the hyperlink https://en.wordans.nl/page/privacy-policy

NEEDEN CORP offers USER/CUSTOMER support service in English, through email customerservice@wordans.nl

PURPOSE AND SCOPE

These Use and Contracting Terms and Conditions establish the general conditions for users (hereinafter "USERS" or "CUSTOMERS") to access and use the WEBSITE, as well as the contractual terms and conditions for the online sale of products marketed by NEEDEN CORP.

By accessing and using the WEBSITE, USERS acknowledge that they have read, understood, and accepted these Terms and Conditions, as well as the Privacy Policy, without the need for any further act or consent.

Access to the WEBSITE, either directly or through any domain name that sends USERS to the WEBSITE, grants USER status to the visitor, and requires full acceptance of these Terms and Conditions.

NEEDEN CORP reserves the right to modify, at any time and without prior notice, the product offer or any other aspect of these Terms and Conditions, including general access and use conditions, and online purchase and sale contractual terms, with the exception of any contracts already concluded and under execution, and thus it is important that USERS periodically review and consult these Terms and Conditions. USERS subsequent access to and use of the WEBSITE will be considered as an unequivocal sign that they have read, understood and accepted the changed Terms and Conditions.

USERS undertake to access and use the WEBSITE in accordance with applicable law in force, refraining from using the WEBSITE for activities against the law, morality and good manners, or rights and interests of third parties, as well as from drawing accessible information and/or content through it, acknowledging that all content and information on the WEBSITE and its subdomains are the property of NEEDEN CORP and, consequently, the use, reproduction, copy and dissemination, by any means, of logos, texts, images and/or videos contained in the WEBSITE is subject to prior express authorization by NEEDEN CORP.

The WEBSITE may have links to other websites which may contain useful information/tools for its users. These general conditions will not apply to third party websites. Therefore, in case USERS visits other websites, redirected from the WEBSITE, they should read the privacy policy of those same websites.

AGE LIMITS

Access and registration on the WEBSITE is prohibited to those below the age of 14 (FOURTEEN). Any registration of a minor USER below 14 (FOURTEEN) years of age detected by NEEDEN CORP will be automatically cancelled and/or suspended without prior notice by NEEDEN CORP.

Without prejudice to the provisions set forth in the previous paragraph, in order to contract the products and services provided by NEEDEN CORP on the WEBSITE, USERS must be above 18 (EIGHTEEN) years of age, unless they have obtained prior authorization from their parents, guardians or legal representatives, who shall be held responsible for all acts performed by the minors under their charge.

USER ACCOUNT, PASSWORD, AND SECURITY

Upon completion by USERS of their registration process on the WEBSITE, NEEDEN CORP will send them, through the contact means selected by the USER, the account designation and the user account access password.

USERS are responsible for the security and confidentiality of their user password and account, as well as for all activities that derive, directly or indirectly, from their access and use. USERS accept and agree to:

inform NEEDEN CORP immediately of any unauthorized use of their password or user account or of any other detected security breach; and
log out of their user account after completing their access to and use of the WEBSITE.

NEEDEN CORP is not liable for any direct or indirect damage, loss and/or liability arising from breach by the USER of the obligations established in this clause.

NEEDEN CORP, as well as any other entity involved in the creation, production, maintenance or implementation of the WEBSITE, shall not be liable to the USER or to third parties for any damages or losses as far as civil liability is concerned (including, but not limited to, either direct or indirect, emergent damages, lost profits, or material or moral loss), in which USERS might incur as a result of the correct or incorrect use of the WEBSITE and its contents, of the impossibility of using the WEBSITE, of third parties accessing the computer and system computer software, viruses, etc. The foregoing limitations and exclusions shall apply to the extent permitted by applicable law.

TERMS OF WEBSITE USE

By accessing and using the WEBSITE, USERS accept and agree to:

Not upload, download, email, or otherwise convey any WEBSITE data or content, including, without limitation, texts, data, photographs, images, graphics, or any of these elements in conjunction with the products sold on the WEBSITE, as well as uploading, downloading, emailing or otherwise conveying any data or content that is illegal, threatening, abusive, disruptive, intimidating, defamatory, obscene, racist, pornographic, violent or inciting violence, or offensive, invasive or harmful to the legitimate interests and rights of NEEDEN CORP and others, including but not limited to the right to privacy, and industrial and intellectual property rights;
Not plagiarize texts, images, drawings, intellectual creations, among others, from third parties; not offer any false testimonies;
Not upload, download, email, or otherwise transmit any data or content on the WEBSITE that may affect, harm or infringe intellectual and industrial property rights of others, including, but not limited to, patents and utility models, trademarks and logos, industrial designs and models, trade and industrial secrets, designations, copyrights and related rights, as well as any other industrial and intellectual property rights of third parties. NEEDEN CORP will assume that by uploading or downloading any content, USERS have legal and/or contractual legitimacy to reproduce and distribute such content, and that it complies with all applicable legislation in force;
Not upload, download, email, or otherwise convey any data or content on the WEBSITE that may constitute, promote or encourage the practice of any illegal or unlawful act, or embody a criminal offense, violation of third party rights or in any way constitute civil liability, including contractual, or that breach the applicable law in force;
Not upload, download, email, or otherwise convey any data or content on the WEBSITE that in any way conveys any advertisement, promotional material, junk mail, unwanted mail, mail chains, or any other form of request that is not authorized or is unsolicited;
Not upload, download, email, or otherwise convey any data or content on the WEBSITE that in any way conveys any content that contains viruses, worms, Trojan horses, scripts, or any other code or programme that contains destructive or harmful properties or programmes designed to disrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment;
Not upload, download, email, or otherwise convey any data or content on the WEBSITE that in any way conveys false or misleading information;
Not interfere or condition the security of the WEBSITE or misuse the resources, services and products made available on the WEBSITE, as well as user accounts, servers or networks inherent in the WEBSITE or any associated website or domain;
Not access, modify, adapt, reverse engineer, decompile, disassemble or in any way interfere in the WEBSITE's private areas;
Not interrupt or otherwise interfere with any other WEBSITE user or associated or connected websites;
Not enter data or links on the WEBSITE, except for those expressly permitted by NEEDEN CORP;
Not use the WEBSITE for illegal purposes or any other purposes that may be considered unworthy of NEEDEN CORP's image;
Not send or publish personal or commercial communications through any medium owned by NEEDEN CORP, namely:
not recompile content or information of other USERS, nor otherwise access any means owned by NEEDEN CORP, using automatic means (such as robots);
not load viruses, nor malicious codes of any kind;
not request login information or access an account belonging to another USER;
not bother or harass any USER;
not offer in any contest, as a gift or bet by any means owned by NEEDEN CORP;
not use any means owned by NEEDEN CORP for illegal, deceptive, malicious or discriminatory acts;
not perform any action that may disable, overburden, or affect the proper operation of the WEBSITE;
not facilitate or encourage breach of these Terms and Conditions;
not provide false personal information to NEEDEN CORP, nor create, in its own name, an account to be used by third parties;
not create more than one personal account per USER;
if NEEDEN CORP deactivates its account for justified reasons, to not create another one without the express written consent of NEEDEN CORP;
not use the personal profile created in NEEDEN CORP to obtain economic benefits;
declare that the contact information is accurate, current, and true;
not share the password, nor allow another person to access its own account, nor perform any act that could endanger the security of its account, nor transfer its account to third parties;
communicate any incidents related to its password, account, breach of confidentiality of its data, danger or threat detected to the security of data and communications, identify any USERS that breach these Terms of Use and/or the Privacy Policy, as well as any other issue related to the security and confidentiality of the information to NEEDEN CORP administrators through the email: customerservice@wordans.nl
NEEDEN CORP reserves the right to delete or complaint against the adopted USER's name if it deems it appropriate (for instance, if the owner of a trademark reports the use of the trademark by a USER not legitimized for that purpose).

NEEDEN CORP may delete any content or suspend the contracted service if it considers that the USER has failed to fulfil any of its obligations under these Terms and Conditions and/or if the content made available by the USER to NEEDEN CORP is considered inappropriate and/or false by NEEDEN CORP.

In the event that a USER or any third party is aware of any violation of the provisions contained in these Terms and Conditions or any other that could harm NEEDEN CORP's protected goods, rights or interests, or of its USERS or third parties, it should immediately contact NEEDEN CORP through the email address customerservice@wordans.nlreasonably stating the infringement. NEEDEN CORP, after receiving the communication, will use its maximum diligence to assess, repair, and resolve such issue.

USERS acknowledge and accept that NEEDEN CORP does not screen or review all data and content sent or submitted by USERS on the WEBSITE, without prejudice to its right to promote and review all of the WEBSITE's content and to delete or reject any WEBSITE data or contents, regardless of the underlying reasons, and without any prior communication or notice to users.

USERS acknowledge and accept that NEEDEN CORP may legitimately review the data and content sent or submitted by USERS to the WEBSITE, during the WEBSITE user registration process or in the process of buying products marketed by NEEDEN CORP on the WEBSITE, with the purpose of confirming their compliance with these Terms and Conditions. Without limiting the foregoing, NEEDEN CORP and its legal representatives have the right to delete any data or content that violates the duties and obligations taken up by USERS by accepting these Terms and Conditions or that directly or indirectly affect or hamper NEEDEN CORP's rights and interests. USERS undertake and agree to pre-assess the data and content sent or submitted to the WEBSITE and take up all responsibilities, regardless of nature, resulting from the misuse of any data or content, including in situations of well-intentioned users.

USERS acknowledge and accept that they are solely and exclusively responsible for assessing the data and contents sent or submitted to the WEBSITE, and for deciding on the access and use of contents, files, programmes, functionalities and software made available on the WEBSITE, and are solely responsible for creating and making available on the WEBSITE their data and content.

Despite the diligence developed by NEEDEN CORP to ensure that the information available on the WEBSITE relating to marketed products is complete, accurate and bonafide, NEEDEN CORP is not responsible for any possible disagreements between the content displayed on the WEBSITE and the qualities and features of marketed products.

Promotion and marketing of any product on the WEBSITE does not imply the acknowledgement and/or declaration by NEEDEN CORP that the product complies with the applicable laws and regulations and, consequently, NEEDEN CORP is not responsible before USERS or third parties for any damages or losses (including, but not limited to, either direct or indirect, emergent damages, lost profits, or material or moral loss), directly or indirectly arising from the products and/or contents in the WEBSITE related to the products sold.

USERS acknowledge and accept that, by virtue of legal obligations, judicial decisions or duties deriving from the applicable regulations of an authority or body of administrative, economic, or other nature, NEEDEN CORP or its legal representatives may be required to disclose all or part of any data or content made available by USERS on the WEBSITE, and hereby expressly authorize NEEDEN CORP to disclose any of the USER's information in order to comply with any law, regulation or decision as referred to above.

USERS acknowledge and agree that NEEDEN CORP or its legal representatives may maintain, for the time and in the legally established manner, and/or reveal, any data or content made available by USERS on the WEBSITE for the following purposes:

Punctual and full compliance with these Terms and Conditions or any other contractual conditions agreed between NEEDEN CORP and the USER;
Analysing, responding, disputing or litigating within the context of claims, complaints or law suits or others brought by third parties related to WEBSITE data or contents;
Protecting rights, interests or the security of NEEDEN CORP, the WEBSITE, WEBSITE USERS, and the general public.

USERS acknowledge and accept that the technical and operational processing of the WEBSITE, as well as the data, contents, files, programmes, features and software made available on the WEBSITE may involve:

the conveyance of data and content across multiple networks;
amendments and additions to adapt contents to the legal and/or technical requirements of connection to networks or devices.

USERS further acknowledge and accept that they are solely responsible for the actions taken and the communications carried out or transmitted on their own account. NEEDEN CORP takes no responsibility (including, but not limited to, either direct or indirect, emergent damages, lost profits, or material or moral loss) for any data or content submitted or sent, or otherwise transmitted, by USERS or third parties; for any illegal or illegitimate act, error, slander, omission, accusation, falsehood, infraction, obscenity, pornography or profanity that USERS or third parties may perform or in which they may incur through the means made available by NEEDEN CORP.

USERS hereby declare and agree to access and use the WEBSITE as well as the data, contents, files, programmes, features and software made available on the WEBSITE and/or the products disclosed and/or marketed on the WEBSITE in accordance with these Terms and Conditions, and with the applicable national and international laws and regulations in force at any moment in time, with full respect for the rights and interests of NEEDEN CORP, related entities and third parties.

PRIVACY POLICY

USER privacy is very important for NEEDEN CORP. WEBSITE USERS should consult the privacy policy of NEEDEN CORP to inform themselves about the terms and conditions for the collection and processing of their personal data by NEEDEN CORP.

By accepting these Terms and Conditions, USERS expressly allow NEEDEN CORP to collect and process their personal data collected through the WEBSITE or through any other system, support or device owned by NEEDEN CORP.

USERS personal data will be integrated in an automated file, with the purpose of providing the services or marketing the products available on the WEBSITE, answering questions or queries, and processing the requests made through any of the means and tools made available to users by NEEDEN CORP, as well as to send commercial messages. Personal data collected through this WEBSITE will be stored for the period strictly necessary for those purposes.

In compliance with the legislation on Personal Data Protection (Law No. 67/98, of 26th October , with the changes meanwhile introduced), and the Community legislation directly applicable at any time, NEEDEN CORP, owner of the WEBSITE, makes available the full text of the privacy policy that establishes the terms and conditions for the collection and processing of personal data through this WEBSITE, which you can consult in https://en.wordans.nl/page/privacy-policy

NEEDEN CORP may at any time and without prior notice change its privacy policy, which is why users are advised to consult it regularly.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

NEEDEN CORP is the owner of the intellectual and industrial property rights, or has obtained the permissions or licenses required for their use, promotion and/or dissemination, associated with domain names, trademarks and distinctive signs, the WEBSITE, published content, to the software and contents contained or related to the WEBSITE and associated technology.

The contents of the WEBSITE, including Apps, text, images, pictures, graphics and source code are protected under the general terms of law, by national, Community and international laws protecting Industrial and Intellectual Property Rights, Copyrights, and Related Rights.

USERS declare to possess all the permissions and licenses for the images, distinctive signs and contents that they might have submitted or sent to the WEBSITE, fully freeing NEEDEN CORP from any inherent responsibility.

Likewise, USERS grant NEEDEN CORP a non-exclusive use license, with the sole purpose of providing the contracted services or supplying the contracted products, according to the present contracting conditions.

The WEBSITE contents may not be used, reproduced, copied, processed or conveyed in any way without the prior written consent of NEEDEN CORP. Such use, reproduction, copying, transformation or conveyance infringing Industrial and Intellectual Property Rights, and Copyrights and Related Rights belonging to NEEDEN CORP and related entities or third parties shall imply civil and criminal liability for the offender.

RESPECT FOR THIRD PARTIES' INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS, AND RELATED RIGHTS

NEEDEN CORP fully respects third parties' industrial and intellectual property rights, copyrights, and related rights. USERS must also act in ways that fully respect, not affect or harm third parties' industrial and intellectual property rights, copyrights, and related rights.

NEEDEN CORP reserves the right to cancel user accounts that infringe third parties' industrial and intellectual property rights, copyrights, and related rights.

If USERS suspect that the data and content submitted or sent to the WEBSITE have been altered, copied or added in violation of industrial and intellectual property rights, copyrights, and related rights owned by NEEDEN CORP and related entities or third parties, they shall inform NEEDEN CORP immediately, providing, whenever possible, the following information:

a certified digital signature or certified hand-written signature of the person authorized to act on behalf of and on representation of the holder of industrial and intellectual property rights, copyrights, and related rights;
a description of the product, work/creation/text/content/image/object whose industrial and intellectual property rights and/or copyrights and related rights are considered to having been infringed;
identification of the work/creation/text/content/image/object and location on the WEBSITE;
contact elements, namely address, phone number, and email address of the reporting USER;
a description of the action or omission constituting the alleged violation of industrial and intellectual property rights and/or copyrights and related rights;
a statement issued and signed by the reporting USER confirming the content of the complaint and the status of owner of industrial and intellectual property rights and/or copyrights and related rights, or enough powers of representation thereof;

For any matter related to industrial and intellectual property rights and/or copyrights, and related rights, USERS may contact NEEDEN CORP through the following e-mail address: customerservice@wordans.nl

THE USER HEREBY ACKNOWLEDGES AND WARRANTS THAT IT IS THE OWNER OF THE DATA AND CONTENT IT HAS SUBMITTED AND/OR SENT TO THE WEBSITE OR TO NEEDEN CORP, AND THAT THE SAME OR THEIR CONVEYANCE DO NOT INFRINGE THIRD PARTY INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS AND/OR COPYRIGHTS, AND RELATED RIGHTS. THE USER HEREBY FURTHER DECLARES AND WARRANTS THAT THERE ARE NO DISPUTES OR LITIGATIONS GOING ON WITH RESPECT TO THE DATA AND CONTENT, OR PART OF THEM, SUBMITTED AND/OR SENT TO THE WEBSITE OR TO NEEDEN CORP CONCERNING INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS AND/OR COPYRIGHTS, AND RELATED RIGHTS.

INDEMNITIES

USERS undertake to indemnify NEEDEN CORP and related entities (including its affiliated entities, board members, managing directors, officers, employees, representatives, consultants, and advisers of any kind) for all losses, liabilities, damages and expenses (including, but not limited to, emerging damages, lost profits, and moral damages, caused directly or indirectly and attorneys' fees) incurred by them following:

the incorrect, illegitimate or illegal use of the WEBSITE and of its contents by USERS;
data and content submitted, sent or conveyed by USERS to or through the WEBSITE;
access or use of the WEBSITE or the contracting of services and/or products marketed by NEEDEN CORP;
from USERS' connection to the WEBSITE;
from the breach of obligations and liabilities taken up by USERS under these Terms and Conditions; and
the infringement by USERS of any third party rights, as well as by the infringement of any applicable laws.

Nothing herein may be construed as a prohibition or limitation, imposed on NEEDEN CORP and related entities, to resort to other means of redress that may assist them.

DISCLAIMER

In no case shall NEEDEN CORP be responsible for the content, operation or other terms included in other websites that may be accessed through the WEBSITE, nor for the contents, services or products offered therefrom. The hyperlinks contained on the WEBSITE may be forwarded to third-party websites. NEEDEN CORP incorporates them to facilitate USERS' browsing experience, but in no case takes responsibility for the content, information or services that may appear on such websites, which are exclusively for information purposes and that, in no case, imply any relationship between the said third party and NEEDEN CORP and/or the USER.

NEEDEN CORP takes the utmost care in the implementation of security measures, however, it takes no responsibility for the custody and good use of passwords to access the WEBSITE, which will be the USER's exclusive responsibility, nor for the acts organized and/or orchestrated by third parties that, for illicit purposes, violate security measures implemented by NEEDEN CORP.

NEEDEN CORP takes no responsibility for the ownership of USER's photographic contents, as well as for the personal data and images contained in said contents, which are the USER's sole responsibility.

NEEDEN CORP REPUTATION AND IMAGE

USERS agree and declare that they will not use any products marketed through NEEDEN CORP to denigrate the good public reputation of NEEDEN CORP and related entities (including its affiliated entities, management board, managing directors, officers, employees, representatives, consultants and advisers of any kind).

USERS acknowledge that infringing the provisions of the previous paragraph gives NEEDEN CORP the right to use all legal means at its disposal to restore the situation and achieve full compensation for damages caused by such breach, including payment of adequate compensation and returning to NEEDEN CORP the product concerned.

CONTRACTING CONDITIONS

I) ORDER, PRICE, AND PAYMENT MANAGEMENT

CUSTOMERS shall place their orders through the WEBSITE, selecting the product and quantity they want to acquire by pressing the "Add to Cart" option that appears during the ordering process. After completing the selection of the product and its respective quantity in the shopping cart, CUSTOMERS should select the option "Continue".

In order to complete the order and pay for it, CUSTOMERS may choose to register on the WEBSITE, by filling in the data in the form provided for this purpose on the WEBSITE, accepting, if applicable, these contracting Terms and Conditions and the Privacy Policy, or may immediately move on to paying for the selected products.

II) PRODUCT AND PRICE INFORMATION

NEEDEN CORP takes into account the information on the essential features of products through technical descriptions shared by their suppliers, and photographs and videos that illustrate the products marketed, in strict respect for the best standards in the market.

Prices shown on the WEBSITE and its sub-domains are expressed in Euros, and the price of products are shown including the applicable taxes (VAT), as well as the price without the applicable taxes.

NEEDEN CORP reserves the right to change, at any time, the prices of products sold on the WEBSITE. Any price changes on products will not affect the purchases made by the CUSTOMERS that are already completed, i.e. whose payment has been made by the CUSTOMER and confirmed by NEEDEN CORP. NEEDEN CORP undertakes to apply the rates and prices indicated at the time of making the purchase order. In the event of a computer, manual, or technical error, or any other error that causes a substantial change in the retail price not foreseen by NEEDEN CORP, in such a way that it becomes exorbitant or manifestly derisory, the purchase order will be deemed invalid and void.

Access to and contracting of products offered by NEEDEN CORP require a computer or computer equipment, and an Internet connection. Expenses associated with these elements are not included in the contracted prices, being borne by the CUSTOMER.

CUSTOMERS shall check the information shown on the order made, and then select the payment method facilitated on the WEBSITE.

CUSTOMERS shall make their payment through the means provided by NEEDEN CORP on the WEBSITE.

NEEDEN CORP does not have access to bank data associated with the means of payment, and does not know or record these data during the payment transaction.

After completing the purchase process, the CUSTOMER will receive, in his/her e-mail address provided in the registration form or in the payment processing, a notification confirming the order, as well as the present contracting Terms and Conditions and the Privacy Policy.

Products ordered through NEEDEN CORP WEBSITE will only be sent to the CUSTOMER after confirmation of full payment of the purchase made.

For any information on the products and/or services contracted, CUSTOMERS may contact NEEDEN CORP by e-mail, through its CUSTOMER account on the WEBSITE. In any case, CUSTOMERS must provide the "Order ID" that they have been assigned and provided in the purchase confirmation e-mail.

Likewise, CUSTOMERS can check the status of their order at any time by accessing "your account."

In contracting products sold through the WEBSITE, exceptions are made for any programming errors or defects in the operation of the computer system (machine), under the terms and for the purposes of Articles 32 and 33.2 a) and b) of Decree-Law 7/2004 of 7th January, in the wording in force at any moment in time.

III) PRODUCT DELIVERY AND DELIVERY COSTS

The mailing cost for sending the order shall be borne by the CUSTOMER, in addition to the total value of the selected products, and will be included in the total price provided by NEEDEN CORP during the purchasing process. CUSTOMERS will be informed of these charges before confirming their request and before completing the purchasing process.

NEEDEN CORP will inform the CUSTOMER of the delivery deadline foreseen for their order during the purchasing process, and, if applicable, the logistics operator responsible for delivering the order.

It is up to the recipient to check the order at the time of delivery, and to immediately make any complaints that the CUSTOMER deems justified.

All products bought by CUSTOMERS on the WEBSITE from NEEDEN CORP will be delivered in safe packaging, and if at the time of delivery the CUSTOMER detects any external damage to the packaging, he/she must report such defects to the carrier at that very moment, referring to the damage in the document proving the delivery, and must also contact the NEEDEN CORP Consumer Support Hotline. CUSTOMERS declare and acknowledge that a proof of delivery without reference to any damages presumes that there were no damages, corresponding to a product delivered in perfect packaging conditions, but, if after opening the packaging, they detect any damage in the good, they still have twenty-four (24) hours after acceptance of the order to contact the NEEDEN CORP Consumer Support and report the incident.

Logistics management of CUSTOMER orders is carried out by companies contracted by NEEDEN CORP or, if applicable, by the product supplier, and NEEDEN CORP takes no liability for breach of the obligations described in this clause due to actions or omissions by the logistics operator or supplier.

NEEDEN CORP will use its best efforts to ensure that products purchased by USERS are delivered on time. However, delivery dates are not guaranteed, and the delivery deadline for products may vary for a number of reasons, such as:

the ordering of products whose production may delay the delivery process (e.g. 3 prints or more per t-shirt);
ordering more than 50 products may be subject to a longer delivery period;
the goods must be delivered at a post-office box;
the authorization and verification of the CUSTOMER'S means of payment;
problems with loading designs that do not meet the requirements recommended by NEEDEN CORP that may occur during the processing of the CUSTOMER'S order.

When NEEDEN CORP foresees that, for some reason, it will not be able to fulfil the deadline corresponding to a particular order, it will inform the CUSTOMER by email as soon as possible.

In case a product is not available for delivery to CUSTOMERS or should NEEDEN CORP anticipate that the delivery time will be very long, NEEDEN CORP will inform the CUSTOMER as soon as possible. In these situations, the CUSTOMER may choose to be reimbursed of payments made, including delivery costs, or order another product marketed on the WEBSITE, using the credit from the previous order that was not executed.

NEEDEN CORP will not take any responsibility when the delivery of any product does not occur due to inaccuracy or false data provided by the CUSTOMER for this purpose, as well as in case the delivery cannot be made for reasons beyond the control of NEEDEN CORP.

IV) PRODUCTS LEGAL GUARANTEE

All items marketed by NEEDEN CORP on the WEBSITE are covered by the legal guarantee regime of two years as of the items delivery date, in the case of movable things, according to the provisions laid down in Article 5 of Decree-Law 67/2003, of 8th April, with the changes introduced by Decree-Law 84/2008, of 21st May.

V) FREE TERMINATION OF THE CONTRACT BY THE CUSTOMER

CUSTOMERS have the right to free termination of the products purchase contract they have entered with NEEDEN CORP within fourteen (14) calendar days, with no need to offer any justification.

The term for exercising the right to free termination expires on the expiration of the fourteenth (14th) consecutive day after the day following that in which the CUSTOMER, or a third party appointed by him/her, other than the carrier, acquires the physical possession of the product or of the last product, in case of several goods ordered in a single order and delivered separately.

In order to exercise their right to free termination, CUSTOMERS undertake to communicate to NEEDEN CORP by email to customerservice@wordans.nltheir decision to terminate this contract by means of an unequivocal termination statement. For such, CUSTOMERS may complete and send via email the free termination form that NEEDEN CORP may make available or any other unequivocal termination statement.

In order for the free termination period to be respected, it is sufficient that the CUSTOMER'S communication regarding exercising the free termination right is sent before the expiration of the said termination term.

Conditions for Returning Products in the Event of Contract Termination:

In case of exercising the free termination right of the contract concluded with NEEDEN CORP, the CUSTOMER undertakes to return the product(s) in perfect conditions, without any trace of misuse, dirt or damage, and without signs of manipulation beyond what is usually accepted in a commercial facility, as well as wholly, with all its components and accessories, instructions manual, and original packaging.

The return of product(s) must occur until the end of the 14th (fourteenth) consecutive day counted from the delivery day, to the address indicated by NEEDEN CORP in the instructions sent to the CUSTOMER. Likewise, the packaging must be completely identified and intact, so that the identification of the sender can be confirmed.

Should the CUSTOMER not fulfil the conditions previously established, NEEDEN CORP reserves the right not to accept the termination of the contract and the return of the products(s) and, consequently, of not reimbursing the CUSTOMER of the payments made.

Effects of free termination:

In the event of termination of the contract with NEEDEN CORP, it will reimburse the CUSTOMER for the payments made, including delivery costs (with the exception of additional costs resulting from the CUSTOMER'S choice of a shipment mode other than the least expensive normal shipping modality offered by NEEDEN CORP), without undue delay and in any event not later than 14 (fourteen) days from the date on which NEEDEN CORP becomes aware of the decision to terminate this contract.

NEEDEN CORP will refund the CUSTOMER by using the same payment method used by the latter in the initial transaction, unless otherwise agreed with the CUSTOMER; in any case, the CUSTOMER will not incur in any costs as a consequence of such reimbursement.

In the event of product return(s), refunding of the purchase price will be made by NEEDEN CORP after validation of the fulfilment of the return conditions described previously and below.

CUSTOMERS are responsible for all expenses related to or arising from product returns, and must guarantee the shipment in a safe way and with the necessary guarantees so that the returned product is delivered to NEEDEN CORP in perfect state of conservation.

Exceptions to free termination:

Under Article 17 of the applicable law to distance contracts (Decree-Law No. 24/2014, of 14th February, in the wording in force at any moment in time) the following constitute exclusions to the right of termination of the contract, and CUSTOMERS cannot freely resolve the following contracts:

- Supply of goods made according to CUSTOMER specifications or manifestly customized;

- Supply of goods, which, by their nature, cannot be re-sent or are likely to deteriorate or expire;

- Supply of sealed goods not subject to return for health protection or hygiene reasons when opened after delivery;

- Supply of goods, which, after delivery and by nature, are inseparably mixed with other products;

- Provision of audio or video recordings or sealed software, from which the CUSTOMER has withdrawn the seal after delivery.

Regarding Business to Business transactions, all stock items that are not defective and are returned by the purchaser shall incur a restocking fee of 30% of the price plus any freight costs incurred by the seller.

Regarding Business to Business transactions, all stock items that are not defective and are returned by the purchaser shall incur a restocking fee of 25% of the price plus any freight costs incurred by the seller.

CUSTOMER SUPPORT, COMPLAINTS, AND AFTER SALES SERVICE

Any possible complaints regarding products marketed on the WEBSITE or questions related to after sales assistance should be sent to NEEDEN CORP by email at customerservice@wordans.nl. All complaints will be duly reviewed by NEEDEN CORP and timely answered.

The same means of contact may be used by USERS for any questions related to Customer Service, including help and suggestions.

NON-BINDING EFFECT

The parties acknowledge that the signature of these Terms and Conditions: (i) does not assign any right or obligation to the parties other than those expressly provided for in these Terms and Conditions, and in particular does not constitute the granting of a license to market any intellectual property rights or other rights; (ii) does not prevent any party from entering into an agreement or contract of any kind with a third party; and (iii) does not require any party to enter into a contract for any other matter.

REDUCTION

The invalidity, ineffectiveness or unenforceability of any condition set forth in these Terms and Conditions shall not affect or impair the validity, effectiveness or enforceability of the remaining terms and conditions. The parties shall negotiate in good faith to replace the condition that is invalid, ineffective or unenforceable, by a valid, effective and enforceable one, as similar as possible to the invalid, ineffective or unenforceable condition.

WAIVER

The non-exercise or delay in the exercise by NEEDEN CORP of any right, power or privilege conferred by these Terms and Conditions does not produce the effects of a waiver of that right, power or privilege, or of these Terms and Conditions as a whole. The isolated or partial exercise of any right, power or privilege does not prevent the further exercise of that right, power or privilege.

WHOLE AGREEMENT

These Terms and Conditions constitute the entirety of the agreement between the parties with respect to the subject matter hereof, replacing, as far as they might be in conflict, all former agreements and understandings between the parties, either oral or written.

APPLICABLE LEGISLATION AND JURISDICTION

The General Conditions of Purchase are governed and interpreted in accordance with Spanish law.

In accordance with article 14 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 relating to the resolution of online consumer disputes, customers are informed that they can submit their complaints to the resolution platform conflicts available at the following link: https://ec.europa.eu/.

Likewise, in the event of a conflict or divergence arising in the interpretation and / or application of the General Conditions of Purchase, the competent courts are those provided for by the applicable regulations in matters of competent jurisdiction in matters of consumers and users.

In case of online consumer disputes, CUSTOMERS may resort to an online dispute resolution (ODR) system, the ODR Platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN), which has the power to resolve disputes concerning contractual obligations resulting from online sales contracts or services. More information available in the Consumer Portal - www.consumidor.pt

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