Sales Conditions

GENERAL CONDITIONS OF SALE
https://primeclub.es

  1. GENERAL INFORMATION
    The ownership of this website https://primeclub.es, (hereinafter Website) is held by: MOMODA WEAR SL, with NIF: B88529292 and registered in: ; and whose registration details are: , and whose contact details are:
    Address: c/ Araquil, 6
    Contact telephone number:
    Contact email: info [ a ] ​​primeclub dot es
    This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://primeclub.es) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
    For the purposes of these Conditions, the activity that PRIMECLUB carries out through the Website is understood to include:
    Marketing and distribution of clothing for young people as well as the full range of accessories that accompany it
    In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of PRIMECLUB. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.
    Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.
    For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
  2. THE USER
    Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
    The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
  1. PURCHASE OR ACQUISITION PROCESS
    Duly registered Users may purchase on the Website by the established means and forms. Users must follow the online purchasing and/or acquisition procedure at https://primeclub.es, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “Complete Purchase”
    Likewise, the User must fill in and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase details can be modified.
    The User will then receive an email confirming that PRIMECLUB has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being sent. Where appropriate, this information may also be made available to the User through their personal connection space on the Website.
    Once the purchasing procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User by email and, where appropriate, through their personal space
  1. RETURNS
    In cases where the User purchases products on or through the owner’s Website, he/she has a series of rights, as listed and described below:
    Right of Withdrawal
    The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification. This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the PRIMECLUB Website or, in the event that the goods comprising the order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days after the day on which the contract was concluded.
    To exercise this right of withdrawal, the User must notify PRIMECLUB of his decision. He may do so, where appropriate, through the contact spaces enabled on the Website.
    The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that PRIMECLUB makes available to them as an annex to these Conditions, however, its use is not mandatory.
    To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
    In the event of withdrawal, PRIMECLUB will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which PRIMECLUB is informed of the User’s decision to withdraw.
    PRIMECLUB will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, PRIMECLUB may retain such reimbursement until it has received the products or items purchased, or until the User presents proof of the return of the same, depending on which condition is met first.
    The User may return or send the products to PRIMECLUB at:
    And must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which PRIMECLUB was informed of the decision to withdraw.
    The User acknowledges that he/she is aware that he/she must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, he/she will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
    The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

The provision of a service that the User may contract on this Website is governed by the same law, since this same Law establishes that the Right of withdrawal will not be available to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by PRIMECLUB, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.

The model withdrawal form can be downloaded from the following link:

Return of defective products or shipping error

This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact PRIMECLUB immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, replacement of the same is appropriate.

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

The amount paid for products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be upheld.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he or she may purchase through this Website, in the terms legally established for each type of product, with PRIMECLUB therefore being liable for any lack of conformity thereof that becomes apparent within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by PRIMECLUB and possess the qualities presented therein; They are suitable for the uses to which products of the same type are normally intended; and they present the quality and performance that are usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he or she also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal guarantee right directly against them during the three years following the delivery of said products. To do so, the User must have kept all information regarding the guarantee of the products.

  1. EXEMPTION FROM LIABILITY

Unless otherwise provided by law, PRIMECLUB will not accept any liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach on its part;

business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure); or

any other indirect loss that was not reasonably foreseeable by both parties at the time that the contract of sale of the products was formalized between both parties.

Likewise, PRIMECLUB also limits its liability in the following cases:

PRIMECLUB applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.

PRIMECLUB will act with the utmost diligence in order to make the product subject to the purchase order available to the company in charge of transporting it. However, it is not responsible for damages arising from a malfunction of transport, especially due to causes such as strikes, roadblocks, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.

Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. PRIMECLUB uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, such as unforeseeable circumstances or force majeure.

PRIMECLUB will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, PRIMECLUB will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.

In general, PRIMECLUB will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

Strikes, lockouts or other protest measures.

Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.

Inability to use public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and PRIMECLUB will have an extension of the period to comply with them for a period of time equal to the duration of the cause of force majeure. PRIMECLUB will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

  1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
    By using this Website, the User agrees that most communications with PRIMECLUB will be electronic (email or notices posted on the Website).
    For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that PRIMECLUB sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
    The User may send notifications and/or communicate with PRIMECLUB through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.
    Likewise, unless otherwise stipulated, PRIMECLUB may contact and/or notify the User by email or at the postal address provided.
  2. WAIVER
    No waiver by PRIMECLUB of any specific right or legal action or failure by PRIMECLUB to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
    No waiver by PRIMECLUB of any of these Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
  3. NULLITY
    If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity. 13. COMPLETE AGREEMENT
    These Conditions and any document expressly referred to herein constitute the entire agreement between the User and PRIMECLUB in relation to the subject matter of the sale and replace any other previous agreement, understanding or promise agreed verbally or in writing by the same parties.
    The User and PRIMECLUB acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
  4. DATA PROTECTION
    The information or personal data that the User provides to PRIMECLUB in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
  5. APPLICABLE LEGISLATION AND JURISDICTION
    Access, navigation and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
    Any controversy, problem or disagreement that arises or is related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between PRIMECLUB and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
  6. COMPLAINTS AND CLAIMS
    The User may send PRIMECLUB their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
    In addition, PRIMECLUB has official complaint forms available to consumers and users, which they may request from PRIMECLUB at any time, using the contact details provided at the beginning of these Conditions (General Information).
    Likewise, if a dispute arises from the conclusion of this purchase contract between PRIMECLUB and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes for consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

We are a company with more than 20 years of experience in the wholesale and retail sale of clothing and accessories. At PRIMECLUB we target a young public who want to change their tastes in clothing, with originality and authenticity.

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