Terms & Conditions
IDENTIFICATION DATA OF THE WEB SITE’S OWNER
In compliance with the duty of disclosure established by Law 34/2002 of July 11th from Information Society Services and E-Commerce, we inform you that the present site «XFeat.com» (hereinafter the «Web Site») is property of the company:
THE XFEAT CREW S.L.
Calle Narváez 69, 5A
Commercial Registry of Madrid
VOLUME: 37370 FOLIO: 24 PAGE: M 666299
For additional information you may contact us through the following «Form».
Terms and Conditions
The present Terms and Conditions regulate access to and use of the Web Site owned by THE XFEAT CREW, S.L. (hereinafter «XFeat®»), as well as the products and services offered in it.
The present XFeat® Terms and Conditions described below define the rights and obligations of XFeat® and users within the Web Site. These are the only Terms and Conditions applicable to the Web Site (without prejudice of other conditions existing for specific services) and to purchases made through the Web Site and they supersede any other conditions, except with a previous written agreement between XFeat® and the user.
1. Personal data
You must be 18 or older in order to access any of the forms of registration on the Web Site.
In order to acquire any of the products offered at the Web Site you need to create an account with your data through the purchase form available at the moment of payment or through the «My Account» section of the Web Site. We will also require your data if you decide: that you want us to inform you about availability on any of our products that are currently out of stock, to subscribe to our «Newsletter», to join our XFeaters Community or to contact us through our Customer Service in the «Contact Us» section of the Web Site.
You must check at all time that your data is correct and complete and inform XFeat® if there are any changes and/or amendments to the information provided in the purchase process. Also keep in mind that you are responsible for keeping confidentiality of the data and information provided and to restrict access to your computer and passwords in order to avoid possible unauthorized uses. If you have reasons to believe that your data has been disclosed to a third party, or if it has been or is susceptible to be used in an unauthorized manner you must immediately inform XFeat® about the issue.
2. Placing an order and sale conditions
Operation of the Web Site is destined to the supply of products from the XFeat® brand, the XFeat® group and/or from a third party with whom XFeat® may have reach a collaboration agreement.
By placing an order you state your intention to purchase the products contained in it, in accordance with the present Terms and Conditions. For this purpose you must be 18 or older and facilitate, through the purchase form, a series of data that will be necessary in order to process your purchase order.
XFeat® may decide, at our discretion and without any compensation on your behalf, not to accept orders such as abnormal orders, orders that we suspect have not been made in good faith or orders that may allegedly be fraudulent.
3. Payment, prices, taxes and discount codes
Once the data has been filled in the purchase form you must proceed to your order payment through the means of payment specified on the Web Site.
Upon making your payment you will receive a purchase receipt as confirmation of your order, in the Web Site at the moment of your purchase as well as at the e-mail address you provided in the purchase form, which will include: the number of your order, a list of the items purchased and the shipment address. The execution of the contract will take place the moment you receive this confirmation, which will serve as proof of your purchase.
If when making your payment there was an incidence that prevented its completion you will receive and automatic payment error message and your order will not be processed until this payment process has been successfully completed.
The prices of products offered in the Web Site are expressed in Euros (€) taxes included, as are transport and handling costs for those products, and the total amount will be stated at the moment of payment for each order. The price charged for a product will be the current price at the time of placing the order and it will be reflected in the purchase receipt. XFeat® may change its prices at any time without notice. Price changes will only be applicable to orders placed after such changes are made.
All of the prices shown for the products are the final prices, with the Value Added Tax (hereinafter «VAT») and other taxes applicable in Spain explicitly included, but transport and handling costs are not included. Charges corresponding to transport, handling, and the corresponding VAT or other taxes will be displayed on the Web Site when processing your order and, in all cases, in the purchase receipt once your order has been processed. For orders in Canary Islands, Ceuta and Melilla VAT will be excluded at the time of payment.
For shipments outside of the European Economic Community: any duties and taxes that may exist due to product naturalization (in accordance with the regulations of your country or region) are not included and must be payed by you to the corresponding customs authority at the moment of delivery of your order. XFeat® has no control over such charges, so any additional charge due to customs clearance will be at your expense. Customs policies vary significantly across countries, so we recommend that you contact the corresponding customs office for more information.
XFeat® may offer you discount codes periodically. These discounts may only be applied in accordance with the instructions specified by XFeat® for each code, and in any case you may only use a single discount code per order. The use of discount codes will not be compatible with some activities and collections.
4. Product delivery
For orders within Mainland Spain: The estimated delivery time for Mainland Spain is of 3-5 business days after the order is placed. If you don’t receive your order within this period you have a right to demand delivery, granting us a new reasonable delivery time. If this doesn’t happen you may terminate the contract and you will be entitled to reimbursement for any amounts paid by you. This delivery time will be calculated from the moment you receive your purchase receipt, except if you explicitly ask us to make the delivery at any moment later than the delivery time set.
For orders outside of Mainland Spain: For shipments outside of Mainland Spain, including the Balearic Islands, Canary Islands, Ceuta and Melilla, the estimated delivery time will vary depending on the final destination, so we recommend that you track your order status online by accessing your profile in the «My Account» section on our Web Site. XFeat® may turn down those orders that require a specific delivery time if it’s impossible for us to ensure a timely delivery.
XFeat® will not be responsible for any delay or non-compliance with the delivery time of a product or products if such delay or non-compliance are due to circumstances beyond the control of XFeat® in accordance with the law or with generally accepted standards.
XFeat® does not make shipments to post office boxes since all orders require a signature to be delivered. If you are not at the shipping address at the time of delivery, the carrier will try to deliver the package 1 (one) more time and then it will be left at the closest office for you to pick up within the following 7 (seven) calendar days. If you can foresee a logistic problem in your order delivery please leave a note for us in the purchase form under «Observations» and we will do all we can to organize a delivery method adapted to your needs.
We ask that you examine the delivered package and the products received within a period of 14 (fourteen) days counting since the day they were delivered and to check their condition and that there are no missing items. If the product or products received are not what you requested or if your order is incomplete or was damaged during transport, please contact XFeat® through our Customer Service in the «Contact Us» section of the Web Site to receive assistance.
In the case that:
You intentionally, maliciously or negligently avoid delivery or delay reception of the package after we notify you of the attempt to deliver your order, or if you have provided a wrong shipment address that causes a failed delivery, the package will be returned to XFeat®.
After the delivery attempt and if the shipment still hasn’t been delivered within the following 7 (seven) calendar days and is therefore returned to us we will have the right to terminate the contract, returning all amounts paid except for costs incurred in shipment and return of the package.
5. Availability of products and services
All products on the Web Site are subject to limited production, so it is possible that we run out of stock for some sizes or colors. For this reason we created the service «Let Me Know When it’s Available» that may be found in a button in the product page for products whose size or color is out of stock. You have to click on it and register your name and email if you want us to inform you when the product is back in stock.
If the product is already available for the selected size and color we will show you a «Buy» button through which you may add the item to your basket and proceed to formalize the purchase.
We don’t guarantee availability for any product or service on the Web Site. We reserve the right, without notice or liability, to change, suspend or interrupt availability of any product or service.
6. Returns and right to cancel
Keep in mind that we will only process returns and refunds for products acquired on our Web Site.
6.1 Return of a product for manufacturing defects
You may return to XFeat®, at no cost, any product that presents a manufacturing defect. Taking into account the nature of the purchased products you will have a period of one month after you become aware of the defect to communicate your non-conformity to XFeat®. After this period has passed any liquidated damages will be at the user’s expense.
The return of products that have a manufacturing defect will not cause any additional cost for the user.
In order to formalize the return you must contact XFeat® within the granted period of one month through the following «Contact Form», indicating the product you are returning and attaching a picture and a detailed description of the defects found in it.
Once XFeat® has received your communication we will inform you within 3 - 5 business days if the return of the product is applicable. If the return is applicable, XFeat® will inform you on arrangements for the pickup or shipment of the flawed product to our offices/storage location.
Each product must be returned unused and with all of its original labels, packaging and -when applicable- documents and accessories that came with it. If you don’t comply with this, XFeat® reserves the right to deny the return.
Once the product has been received and the defects confirmed, XFeat® will give you the chance to replace the product for an identical one, unless this option were objectively impossible or unreasonable for XFeat®.
If an identical product cannot be shipped due to lack of stock, you may choose to terminate the contract (that is, a refund of any amount payed) or request the shipment of a different model of your choice that has the same price as the one initially acquired.
The shipment of the identical product or of a different model chosen by you, as applicable, will occur within 3 - 5 business days after the date on which XFeat® confirms the replacement of the defective product or the shipment of the new model.
The replacement, shipment of a new model or termination of the contract are at no additional cost for you.
If you terminate the contract, XFeat® will refund the full amount payed for the purchase of the defective product (including shipment costs) within a period of 14 (fourteen) calendar days since the day you decide to terminate the contract. This refund will be processed through the same means of payment used in the initial transaction.
6.2 Right to cancel
If you are not satisfied with the products received in your order you may, in accordance with the General Law for the Protection of Consumers and Users, exercise your right to cancel the contract within a period of fourteen (14) calendar days counting from the delivery date to return the totality of your order or, if you prefer, any of the products that make up the order, under no penalty and with no need to state the reason of the return.
To formalize the return you must first contact XFeat® through the following «Contact Form». Upon receiving this communication XFeat® will tell you how to proceed in order to exercise this right.
Costs of the return of shipment to XFeat® (such as shipping costs charged to XFeat® through the use of courier companies) will be at your full expense, whether you return the full shipment or if you decide to return only some of the products in that shipment.
XFeat® is not responsible for the courier company hired by you for the return of your order. In this regard XFeat® recommends that you ask the courier company to for a receipt of delivery once the messenger has left the product at the offices or storage location of XFeat®, so that you have proof that the product has been appropriately delivered to XFeat®.
The product must be returned unused and with all of its original labels, packaging and -when applicable- documents and accessories that came with it. If you don’t comply with this you accept that the product may have suffered a depreciation and that XFeat® may deny the return.
If you decide to return the full shipment, XFeat® will refund all amounts payed at the moment of purchase (including initial costs of shipment to your address). If you only wish to return one or some of the products that make up your order XFeat® will refund the amount paid for those returned products except for initial costs of shipment to your address paid for the full order.
Once XFeat® receives the shipment and confirms that it is in main condition, XFeat® will proceed to refund the amount paid within a period of 14 (fourteen) days starting on the date of reception of the shipment. This refund will be processed through the same means of payment used in the initial transaction.
Please keep in mind that you may not exercise this right to cancel in relation to:
Any product that was manufactured in accordance with your instructions or that has been obviously customized.
Any sealed product consisting of underwear that has been unsealed after delivery and that cannot be returned for reasons of hygiene.
7. Product exchange policy
XFeat® does not accept an exchange between a product you have purchased and another product that is offered on the Web Site.
In the case you want to make a product change you must exercise your right to cancel the purchase in accordance with the dispositions of clause 6.2 and then purchase whichever new product you want.
8. Information and use of products and services
The data included in the description of products and services on the Web Site, in photographs or iconographic representations or videos as well as trademarks, brands or distinctive signs of any kind are merely for informational purposes therefore XFeat® declines liability for any mistakes in such information, although we are committed to taking every measure at our reach to correct such errors or omissions as soon as possible after being made aware of them.
Guarantees offered by XFeat® regarding its products and services are always conditional upon the use given to them. In any case, and prior to the purchase of a product on the Web Site, you must always make sure that it is compatible with your intended use. For this purpose there are descriptive fact sheets for every product available at the Web Site.
XFeat® is not liable for any possible claims resulting from a different use than that for which a product or service offered on the Web Site was designed. In the case there is a discrepancy between the contents of the Web Site and those of any other website (or any other source of information), the information of a product or service as it appears on the Web Site will prevail.
9. Customer Service
Our Customer Service is at your disposal for any question or concern related to XFeat®, with the products and services offered and orders placed on the Web Site. You may contact us at any time through the «Contact Us» section on the Web Site.
10. Use of the Web Site
It is not permitted to use the Web Site with fraudulent purposes or with purposes related to criminal offences or illegal activities of any kind.
It is also forbidden to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or threatening in any way, or that entails a violation of copyright, trademarks, confidentiality, privacy or any other right, or in any other way objectionable or offensive to a third party, or whose contents include computer virus, political propaganda, advertising, chain letters, mass mailings or any type of «spam» and, in general, any type of unnecessary annoyance or inconvenience of any kind.
As a user you commit to using any information or contents that you access through links within the Web Site on a legal, diligent, honest and proper purpose, always following principles of good faith and respect of current legislation and of the present Terms and Conditions.
Also, as a user you make the commitment not to act with malice or intent to cause damages that may impair or alter the Web Site, as well as not to introduce or spread computer viruses that may produce unauthorized changes to the contents or systems on the Web Site.
XFeat® reserves the right to deny access to the Web Site or even cancel orders from users that misuse the contents and/or infringe any of the conditions established in the present document.
11. Intellectual and industrial property
Copyright of the Web Site, its source code, design, browsing structures and other elements contained in them are the property of XFeat®, who owns all exploitation rights of any kind and especially the right to reproduce, distribute, communicate to the public or modify them in accordance with applicable Spanish and European legislation.
XFeat® informs that we don’t grant explicit or implicit licenses or assignments of intellectual and/or industrial property rights or of rights on property directly or indirectly related to the contents included in the Web Site, not even through a hyperlink, without the explicit and written consent of XFeat®. Unauthorized use of these contents shall give rise to the liabilities established by law.
12. Links policy
If you propose to make hyperlinks connecting to the Web Site you may not imply that XFeat® has authorized the hyperlink or that we have approved the contents of the website where the hyperlink is, or make false, inaccurate or offensive statements about XFeat® or any of its staff, or include in the site with the hyperlink contents that are inappropriate, defamatory, illegal, obscene or illicit, or any other that infringe the rule of law in any way. Neither can you create macros («frames») with or on the web pages property of XFeat®.
XFeat® reserves the possibility to contact you if we consider that you have infringed the regulations set for hyperlinks, as well as to take the appropriate judicial and extrajudicial actions derivative of any conduct that goes against the dispositions of the previous paragraph.
13. Liability and warranty provided by the Web Site
XFeat® declares that it has adopted the necessary measures to, within its possibilities and given the state of technology, allow proper functioning of the Web Site as well as the absence of viruses and harmful elements.
Except for the limits established by law, XFeat® assumes NO liability for situations such as, but not limited to, the following:
Continuity and availability of contents, products and services.
The presence of errors in those contents.
Errors that may occur in the Web Site as a consequence of: incidents caused by problems in the network, routine system maintenance operations and updates that are imperative for the proper operation of the Web Site.
Use of the Web Site by underage children or registration of their personal data without permission of their parents or guardians, in this case the parents or guardians being responsible for the responsible use of Internet by the minors. XFeat® recommends that you install a tool to monitor Internet usage in order to avoid access to sites or contents inappropriate for underage children.
Contents which the user may access through links not authorized by XFeat® or that are entered by users as comments or through the use of similar tools, when these are made available to them on the Web Site.
The entering of wrong data by you or by an unauthorized third party, as well as any issues with the e-mail address you provided if it is incorrect or if it has any operating issues unrelated to XFeat®.
Any illegal use by the users of services and contents included in the Web Site infringing copyright and/or industrial property rights for contents in the Web Site, under the terms established in clause 11 «Intellectual and industrial property» of the present Terms and Conditions.
The presence of viruses or other elements that may damage or alter the user’s computer system (hardware as well as software). It is your responsibility as a user to have the proper tools for the detection of viruses or any other harmful computer element.
14. Partial nullity
In the case that any clause of the present Terms and Conditions is declared void, all other clauses will remain in force and will be construed taking into account the spirit of the present Terms and Conditions.
16. Campaign customization
Each user is subject to a random campaign, so applicable terms related to shipment for each order may vary randomly. Your personal data will not be counted as a variable at the moment of establishing the specific conditions for each order.
All communications with you related to orders placed on the Web Site will be in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.
19. Ethics Policy on Suppliers
With the purpose of providing high quality products and services to its customers, XFeat® acknowledges its obligation to ensure that suppliers act ethically. We expect from our suppliers to regularly provide an environment that protects the health and security of their employees, as well as basic human rights. All suppliers must comply with their national laws and regulations on employment, especially regarding the following:
Minimum age for employment.
Freely chosen employment.
Health and security.
Freedom of association and right to collective bargaining.
No inhuman or degrading treatment.
XFeat® will knowingly acquire supplies from countries that infringe the mentioned principles. We also expect that our suppliers apply these principles to their own suppliers. Due to the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the manufacturing of our products. Nevertheless, as XFeat® continues to grow we acknowledge the importance of taking initiative and of doing everything possible to defend the rights of people involved in manufacturing our products.
20. Applicable legislation and jurisdiction
The present Terms and Conditions are subject to Spanish legislation. The parties, in accordance to Royal Legislative Decree 1/2007 of November 16th, through which the consolidated text of the General Law for the Protection of Consumers and Users and other applicable laws was approved, submit themselves to the Courts and Tribunals of the user’s place of residence.
Additionally, by virtue of the dispositions of «Regulation (EU) No. 524/2013 of the European Parlaiment and Council of May 21st of 2013, related to online consumer dispute resolution», XFeat® informs you that in the event of a conflict, users residing in the European Union may reach the «Online Platform for Conflict Resolution» developed by the European Commission in order to try to extrajudicially resolve any issue derived from the rendering of services by XFeat®.
You may access the «Online Platform for Conflict Resolution» through the following link: «http://ec.europa.eu/consumers/odr». Nevertheless, prior to proceeding through this means we make available to you this «Form» so you can send us your possible claims or complaints.
Date updated: 11.01.2018