Purchase Conditions

1. Introduction

This document contains the Terms and Conditions for purchasing products on the xuxo.es website, regardless of the medium, medium or device used to access said website (hereinafter, the “T&C”). Please read these T&Cs carefully and also our Privacy Policy and Cookies policy to have complete information on how to buy our products and the services, functionalities and use of our website.

By using our website to place an order or accept any of the offers we offer you, you are expressly informed that you are bound and obliged to these T&C.

We will answer any questions you may have about these T&Cs through the communication channels that you will find in our data.

2. Our data

By making a purchase of any of our products through this website you are informed that you are making a purchase and sale contract with XUXO, with a NIF number.  72082968W , registered office at Calle Paris, 161, 5, 2a, 08036, Barcelona (hereinafter, “XUXO”). You can contact us through the following communication channels:

• By phone, at the number +34 629 974 215.
• By email, writing to hello @xuxo. is
• In writing, writing to XUXO, calle Paris, 161, 5, 2a, 08036-Barcelona.

3. Age required to make a purchase

Only natural persons over eighteen years of age may purchase products through our website. In the case of minors, purchases must be made through those who exercise their parental authority or are their legal guardians.

4. Purchase procedure

To make a purchase at XUXO it is not necessary to have a customer account.

The purchasing process is very simple. We inform you that, for security and data protection reasons, we do not accept that you can place an order with us by telephone.

1) CHOOSE: choose the desired product, and you will see the detailed description of the product and its price (VAT included). Select the size to add it to the shopping cart.

At XUXO we apply demanding quality criteria to all our creative processes. Therefore, we use neutral light to capture the real color of the product. Likewise, it is possible that, after receiving the product at your home, you may see a slight difference in the color tone of the product or other variations as a result of a difference with the image, the display technology you use, or for any other reason. technique. XUXO is not responsible for these differences or variations.

2) PLACE AN ORDER: you only have to follow the online purchase instructions indicated on our website and click on “Pay order”.

3) PAYMENT: you must choose the payment method among those offered on our website. We inform you that at XUXO we only sell our products in euros. The currency exchange variations generated when paying for orders will be those applied to the customer at the time of making a purchase of any of our products.

Upon completion of your order, an email will be sent to you acknowledging receipt of your order (the "order confirmation"), and specifying all the details of the order (for example, the chosen payment method, shipping address, among other information). . If you notice an error in the shipping address indicated or on any other point of the order, you must notify it immediately through the contact form , or by writing to email hello @xuxo. es , to proceed to correct the error.

5. Cases in which we can refuse an order

We reserve the right to check an order in advance and to refuse acceptance in the following cases:

• a) Due to force majeure, among which are, but not limited to:
  • Yo. Strikes and lockouts.
  • ii. Fires, explosions, earthquakes, floods, storms and, in general, any natural disaster or incident in our facilities, stores or warehouses that prevent us from carrying out our activity normally.
  • iii. Revolts, revolutions, terrorist attack or wars.
  • iv. Epidemics, declaration of health crises that limit the mobility of people and/or goods and, in general, approval of any rule or administrative or judicial notification that orders the cessation of our activity.
• b) Resale of the products by the person making the purchase. XUXO does not carry out wholesale sales, we only sell to consumers and users and entities that acquire our products for a purpose other than their resale.
• c) Impersonation of the person making the purchase.
• d) Payment fraud.
• e) Authorization cannot be obtained for payment of the order.
• f) The order must be delivered to a country to which XUXO does not ship.
• g) Placing orders that we reasonably suspect are placed with the aid or intervention of any software, robot, crawler or any other automated procedure or device.
• h) Any order that is considered fraudulent thanks to founded evidence provided by our security department. At XUXO we take the fair participation of customers in raffles and the purchase of exclusive releases very seriously, which is why we reserve the right to cancel orders that we consider fraudulent.
• i) Any operation in which practices contrary to our sales policy are observed that threaten, artificially and/or through attacks on our website, the ability to manage orders and the conclusion of sales.

We reserve, therefore, the right to reject any operation, regardless of its processing status, in which any of the above causes of force majeure are noted, and in general, in all those operations in which practices in against our sales policy, these T&Cs and/or the conditions of use of our website. In all these cases, we will not be responsible to the client or user or to any third party for removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content of the website. website, or for refusing to process an order once we have sent you the order confirmation.

If any of these fraudulent purchases put our online platform at risk or cause technical problems, XUXO will take legal action against those who cause this type of attacks, either as the main intention or as a consequence of the automated purchase of products.

6. Payment methods

Payment by credit or debit card

The customer can choose to pay by credit or debit card, carrying out the operation at the time of placing the order.

Our website uses the system called SSL (Secure Sockets Layer), a payment system in a secure environment, since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality. Notwithstanding the above, credit cards will be subject to verification and authorization by the issuing entity, and if said entity does not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize with you. no contract.

As a measure of protection against fraud, XUXO may request, by email, customers to send additional documentation (for example, a copy of the DNI) to certify the identity of the buyer as the lawful owner of the credit card. Said accreditation may be attached digitally in pdf or jpg format in the same email in which it is requested, to speed up the order validation procedures and proceed with its shipment as soon as possible.

By clicking "Authorize Payment" you are confirming that you are the owner of the credit card you are using to make the payment and you guarantee that the information you provide us is accurate and complete.

Pay by Paypal

We offer the possibility of paying through PayPal. To do this, you only have to have an account in said service. Using PayPal you will not have to enter your card details at the time of payment, but only your PayPal email and password. The charge will be made at the time we confirm the order. For the operation to be valid, it is required that the shipping address and the one that appears in the PayPal transaction must be exactly the same.

7. Product availability

We strive to keep the availability of our stock up to date. We inform you that all the products shown on our website are subject to their availability and, in this sense, if there are difficulties regarding their supply, there are no items left in stock, or they are edition products. or limited production, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can purchase. If you do not wish to order such substitute products, we will refund any amounts you may have paid.

8. Transfer of risk and ownership

The risk of loss or deterioration of the products will be your responsibility from the moment you receive the products or a third party indicated by you, other than the carrier, does so. In the event that you are responsible for the transportation of the purchased products and the carrier chosen is not among those proposed by XUXO, the risk of loss or deterioration will be the customer's (buyer's) upon delivery of the products to the carrier.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, taxes and/or duties, or at the time of delivery, if this takes place at a time. after payment of the indicated amounts.

9. Where do we not ship?

Currently we only ship to mainland Spain, Portugal and the Balearic Islands.

We do not send orders to the Canary Islands or the autonomous cities of Ceuta and Melilla. The main reason why we do not make shipments to these locations lies in the difficulties in proceeding with the delivery of the items, due to the customs procedures that the client has to face to withdraw the merchandise.

10. Order delivery time

Unless unforeseen or extraordinary circumstances occur (for example, force majeure), we will attempt to ship the order for the product(s) listed in the shipping confirmation before the delivery date stated in the shipping confirmation. You can find out in detail the delivery times or the types of shipping that we offer, access all the detailed information that we offer in the section Shipping of our website. If no delivery date is specified for a specific type of shipment, the period will be 15 days from the date of the shipment confirmation. Please note that deliveries may be affected on certain dates or special sales campaigns, such as Christmas, Black Friday, sales or special promotions, due to the high volume of orders received. We recommend that during these special periods you make your purchase early enough so that your order arrives on time.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. You should know that we prepare and ship orders every business day. However, we do not ship orders during the weekend, nor during national holidays or local holidays that affect our warehouses in Barcelona. If you place your order on Friday, it will most likely be shipped the following week, since we do not prepare orders or ship during the weekend.

If delivery is impossible after two attempts, we will leave you a note explaining where your package is and how to pick it up with the corresponding courier company. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

For the purposes of these T&Cs, it will be understood that "delivery" has occurred or that the product(s) have been "delivered" at the time you sign (or a third party designated by you, other than the carrier) or there is evidence, by any means, of their receipt at the agreed delivery address.

It is important that you know that at XUXO we do not accept a post office box or pick-up point as a shipping address for your purchase. We also do not send orders to military bases, since, due to security protocols, we do not always find facilities for the courier to proceed with the delivery of the package.

Order transportation

The delivery of orders is carried out through different courier companies contracted by XUXO depending on the destination address of the product indicated by the customer at the time of placing the order.

If at the time of collection/delivery you are not present at the address you have communicated to us, whenever possible, the transport company will leave you a notice so that you can contact them and arrange a new delivery date and time.

Order receipt

If at the time of delivery it is visible and clear, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or it is observed, in the same way, an error in the merchandise received, you must indicate it to the carrier and communicate it to XUXO using the contact form that you will find by clicking this link or by email, hello @xuxo. es , in the shortest possible time from receipt of the order. We recommend that you carry out this procedure within a period of 14 calendar days from receipt of the order, in order to be able to more quickly manage the return of the affected product or products and proceed to replace it with another one in optimal conditions or refund the price paid for it, as you indicate in said email. Please see the "returns, exchanges and right of withdrawal" section of these T&Cs for more information.

There are very few occasions in which a package can be returned to our facilities due to an error in the address or because some information is missing. To avoid this type of problems during delivery, it is very important that you review the shipping address during the purchase process and check the information again when you receive the confirmation email for your order. If a shipment is returned to us for reasons not attributable to XUXO (for example, due to an incorrect or incomplete address that you have indicated to us), the amount of your purchase will be refunded once the order returns to our warehouses, deducting all costs. generated by the shipment, the purchase contract being resolved.

11. Price

The prices of the products on our website are indicated only in euros and include VAT.

In the event that shipping costs are charged, they will be carried out independently, detailed and added to the final amount of the order. Please access all the detailed information about the shipping rates that we charge in the section Shipping of our website.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an order confirmation.

You are informed that when placing an order you agree to pay the price indicated on our website for each product in accordance with what is indicated in these T&C.

12. Shipments to the Canary Islands

We currently do not ship to the Canary Islands.

13. Invoices

By placing an order you expressly authorize us to issue the invoice in electronic format. You can download your invoice conveniently from your XUXO account, accessing the order details. If you have made your purchase as a guest and do not have a customer account, Contact us and we will send you the electronic invoice to your email as soon as possible.

We will issue the invoice with the information you have provided us when making the purchase, so we ask you to pay special attention to the information you provide us when placing the order. Please note that due to tax regulations we may not be able to make changes to an already issued invoice. Please, Contact us for more information in case you want to modify the details of an already issued invoice.

14. Guarantee

All products offered on our website have the guarantee indicated by the manufacturer and in accordance with the provisions of current legislation.

The warranty does not cover damages or defects to the products:

• a) Caused by misuse, incorrect handling or those derived from ordinary use of the product. Keep in mind that the useful life of any product depends on the individual use you make of it. Products that are deteriorated and/or damaged by the normal passage of time or that have reasonably exceeded their useful life will not be replaced.

• b) They have suffered damage resulting from a negligent or intentional attitude (such as exposure to chemicals, caustic substances, open fire, high temperatures, sharp objects, etc.).

• c) They have been damaged by being used for activities other than those for which the product is designed (for example, using running shoes to practice track sports, or using hiking footwear as work boots, etc.).

15. Returns, exchanges and right of withdrawal

Returns

You can make the return within 14 calendar days from receipt of the order by the buyer or by a third party designated by you, other than the carrier. Once the deadline has passed, it will not be possible to return any product.

The refund or replacement of the item will be made as soon as possible and, in any case, within 14 calendar days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

In the case of defective or damaged products or if you consider that, at the time of delivery, the product does not comply with what is stipulated in the contract of sale of the product, you must contact contact us immediately and follow the instructions that we indicate as we will manage the return.

The amounts you would have paid for those products that you return due to a defect or defect, when it really exists, will be refunded to you, including the shipping costs incurred to deliver the product to you. The return costs will be the responsibility of XUXO. To return these products, contact contact us and we will manage the collection. The refund will be made using the same payment method that was used to pay for the purchase.

Changes

Any change in size or model of a product that you want to make requires a return and the creation of a new order. The period to make an exchange is 14 calendar days from receipt of the product by the buyer or by a third party designated by you, other than the carrier. You must select the size for which you want to exchange the first product purchased and the new product will be the same as the original product.

The cost of shipping and courier for returns is always the responsibility of the customer. For this reason you can choose the company and service you want to ship the products you want to return. As it is a cost assumed by the client, the choice of the means to send us the product for exchange is free. XUXO is not responsible, in any case, for the successful completion of the shipment, with the customer assuming the risks of loss or deterioration of the product during its return, without prejudice to the rights of the consumer and user against the carrier or courier company hired to carry out the shipment. product return service.

To find out what steps you must follow to make a change, access our page "Returns & Exchanges" where we will explain in detail how to do it.

Right of withdrawal

The consumer and user will have the right to withdraw from the contract without indicating the reason and without incurring any cost other than the return costs, which will be the responsibility of the consumer and user. The period to exercise this right will be 14 calendar days from the receipt of the order by the consumer and user themselves or by a third party designated by them, other than the carrier.

To exercise this right, you must communicate your unequivocal decision to us via email, but always within the indicated period of 14 calendar days. We remind you that the burden of proof of exercising the right of withdrawal will fall on the consumer and user.

The costs of transporting the return will be borne by the buyer (consumer and user), except in the event that the product is defective, or has arrived in poor condition due to damage suffered during transport (in such case, the following will apply. provided in the section “Common rules for returns, exchanges and right of withdrawal”).

You can make the return through any postal or courier service, the cost of which will vary depending on the place from which you send it, the weight of the package and the service you choose to return it. For information purposes, a standard intra-peninsular shipment through the Post Office, with a weight of 1 to 5 kg, has an approximate cost of €15 and if it is from the Canary Islands, about €25 (these prices are indicative and the shipping providers These services may modify their rates at any time). As this is a cost assumed by the customer, they are free to choose the method of return. Please note that if you decide to return the items to us postage collect we will be authorized, at our option, to refuse such return or to deduct the costs generated by this shipment from the total refund.

XUXO is not responsible, in any case, for the variation that the rates of the courier companies may suffer, nor for the successful completion of the shipment, the client assuming the risks of loss or deterioration of the product during its return, without prejudice to the rights of the consumer and user in front of the carrier or courier company hired to carry out the product return service.

In case of withdrawal, we will refund all payments we have received from you, including delivery costs, except if you have chosen a delivery option other than the least expensive of our ordinary delivery, in which case additional costs will not be refunded. that arises from it.

Upon receiving the product or products, we will proceed to examine it to check its condition and, after this verification, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 14 calendar days from the date on which the product has been received at our facilities. The refund will always be made using the same payment method that was used to pay for the purchase.

After this period without having communicated the desire to withdraw, no exchange or return will be accepted.

Within the scope of our activities, the consumer and user may not withdraw from the contract in the following cases (article 103 Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users):

• a) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.

• b) The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.

If you have any questions, you can contact us through the contact channels indicated in these T&Cs.

Common rules for returns, exchanges and right of withdrawal

Once we receive the returned product (whether by return, exchange or withdrawal), we will proceed to examine it carefully and we will inform you by email within a reasonable period of time if a refund or replacement is appropriate (if applicable). Upon receiving the product, you must bear in mind that we will carefully examine whether the product has been used, is there deterioration or dirt, is damaged by incorrect use, is discolored or has residue such as balls or lint or any other damage due to external causes, in which case The customer will be responsible for any depreciation that the product may have suffered. The same will happen if the original box or packaging is damaged (if writing has been made on it, adhesive tape has been attached or its label has been manipulated). The consumer and user will only be responsible for the depreciation in value of the products as a result of use or manipulation of them other than that necessary to establish their nature, characteristics or operation.

Returns and exchanges will not be accepted and the right of withdrawal cannot be exercised in the following cases:

• a) The product is in poor condition.

• b) The product is not complete, accessories are missing or it is tampered with and/or broken.

• c) The product is returned without the mandatory product protection box in perfect condition.

• d) Accessories or instructions or any other documentation are missing.

• e) The period established to make the return has elapsed.

• f) Proof of purchase or invoice is not provided.

• g) In case of loss or destruction of the product, as well as total depreciation due to the use of the product.

16. Raffles

Before participating in any “XUXO” draw, you must read the particular terms and conditions for the draws (raffles) detailed in this section, as well as the rest of the T&C that are included in this general information. Participation in any draw implies acceptance of the particular terms and conditions included in this point, as well as the rest of the T&C, since, if the participant wins the draw, the participant will purchase the product linked to the draw. Please carefully read all the information you are accessing to fully understand your rights and obligations.

Participants: Natural persons, of legal age in accordance with Spanish legislation (18 years) and who comply with each and every one of these particular terms and conditions, may participate in the XUXO draws.

Registration and participation in the draws is free.

The duration for registration and participation in each draw will be that set by XUXO for each draw.

Bases for participation: People who wish to participate in the draws organized by XUXO must meet each and every one of the requirements detailed below:

1.- Be a natural person and of legal age in accordance with the provisions of Spanish legislation (18 years).

2.- Be duly registered on the XUXO Website, have read and accepted the T&C of the information contained herein and the privacy policy.

3.- XUXO is focused on combating automatic robots and ensuring equal conditions for all participants. Therefore, only one participant, one account and payment method will be admitted per draw. In addition to the above, only one entry is allowed per shipping address and any double entries will be automatically discarded.

4.- When participating in the raffle, the payment method is requested and payment authorization is requested so that, if you are the winner of the raffle, you can proceed to collect and send the order to the address indicated in the registration record. .

5.- The registration address and payment method cannot be modified once registration has been completed. The participant may delete participation at any time while the registration period is open. Deleting participation implies non-participation in the draw and gives the possibility to re-register with the same account, shipping address and payment method.

6.- The prize is personal and non-transferable and will be sent to the natural person of legal age who has been awarded the prize.

17. Online conflict resolution

In compliance with the provisions of article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, in the event that the buyer has the status of consumer and user, we inform of the existence of a platform for extrajudicial online dispute resolution made available by the European Commission, available at: https://webgate.ec.europa.eu/odr/ , through which consumers and users can submit their complaints.

If you are a consumer and user, you can also send us your complaints to the following email address hello @xuxo. is in order to request an extrajudicial dispute resolution.

18. Written communications

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes and these T&C, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically (including purchase invoices) comply with the legal requirements of being in writing. . This condition will not affect your rights recognized by law.

19. Notifications

XUXO may send you communications, either, to the email or postal address that you have provided us when placing an order.

Notifications will be deemed to have been received and properly made 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address that you had indicated to us.

20. Transfer of rights and obligations

By purchasing one of our products, such act creates a binding contract between the buyer and XUXO, as well as our respective successors, assigns and assigns.

Under no circumstances may you transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

XUXO may transmit, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during the term of the contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect your rights as a consumer and user recognized by law or nullify, reduce or limit in any other way the guarantees, both express and tacit, that are included in these T&C.

21. Events beyond our control

XUXO will not be responsible for any delay or failure to comply with obligations arising from a contract and/or these T&C that are attributable to causes of force majeure, unforeseeable circumstances or beyond our reasonable control. Without prejudice to the foregoing, XUXO will use all reasonable means to find a solution by which we can fulfill our obligations under the contract despite the existence of the cause of force majeure and/or unforeseeable circumstances.

22. Resignation

If during the term of a contract, we stop insisting on strict compliance with any of the obligations assumed under it or any of these T&Cs, or if we stop exercising any of the rights or remedies that we were entitled to exercise or file under said contract or these T&C, such fact will not constitute a waiver of said rights or remedies nor will it exonerate you from complying with such obligations.

Any waiver by us of requiring performance will not constitute a waiver by us of requiring subsequent performance.

No waiver on our part of any of these T&Cs will be effective unless it is expressly stipulated that it is a waiver and this is communicated to you in writing.

23. Integrity of the contract

If any clause or condition of these T&C or any provision of a contract for any of our products is considered invalid, illegal or unenforceable to any extent by the competent authority, they will be separated from the remaining conditions and provisions that will continue to be valid to the extent as permitted by law.

These T&Cs and any document expressly referred to in them constitute the entire agreement between the buyer and XUXO in relation to the subject of a contract for any of our products and replace any other previously agreed pact, agreement or promise. by the parties, either verbally or in writing.

24. Modification of these T&C

XUXO reserves the right to make modifications and changes to the T&C at any time, for any legal or contractual reasons; for security reasons; in order to improve existing functionalities or incorporate new functionalities; in order to reflect any improvements; to make reasonable technical adjustments to this website; and in order to guarantee the continued operation of the service. In any case, nothing in this clause will affect the rights recognized by law as a consumer and user.

25. Applicable law and jurisdiction

These T&Cs are governed by Spanish legislation. To resolve any controversy or conflict arising from these T&C and the purchase of XUXO products through this website, the parties agree to submit to the Spanish courts and tribunals of the territory chosen by the consumer and user, without prejudice to access to the platform. European extrajudicial dispute resolution https://webgate.ec.europa.eu/odr/ .