Terms & Conditions
GENERAL ACCEPTANCE
All users of this website agree that their access to and use of this website are subject to the terms and conditions set forth.
Please read these Terms of Service carefully before accessing or using this website By accessing, browsing and/or using the Website,
all users are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
These Terms and Conditions are subject to change, modify, add or remove at any time without prior notice.
All users agree to use the Website at their own risk. WinningShops.com do not take any responsibility or agree to indemnify any of
the users for losses suffer arising from such use, and all users are irrevocably agree to hold WinningShops harmless and indemnify
WinningShops.com from any losses that users may suffer there from.
By making a purchase from this Website, all users are agree that Winningshops.com may share information provided and user’s
transaction with other companies for the purpose of processing the transactions, including fraud prevention, vendor direct shipping and credit card authorization.
USER OF THE WEBSITE
In order to access or use certain services on this Website: -
(a) if you are an individual, you shall at least attain the age of majority in their state or province of residence you must have
the legal capacity to enter into contract; or
(b) if you are a company / registered business, you must be an incorporated legal entity or have a business registration number
and are authorised under your constitution documents to conduct business with us in accordance with the laws of Spain;
COMPLIANCE OF THE LAW
You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but
not limited to committing fraud or making purchases on the Website using another person’s identity, credit card or bank account.
You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent
or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions.
COMPENSATION FOR LOSSES
All users are prohibited from using any of our store’s products for any illegal or unauthorized purpose nor cause or transmit any unwanted
viruses or any code of a destructive nature.
Where, in using the Services and/or accessing the Website, any of your actions caused any losses to the store, you shall be liable for and
shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised
by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such
inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times
in respect thereof.
Sale and Purchase of Products
WinningShops.com will make every effort to supply Products ordered where an Order was place and payment has been made for a Product
on the Website based on the information and description of the Product and price listed and applicable at the time of purchase.
WinningShops.com shall have the right to Cancel for Technical/Operational Errors. In the event of an electronic, computer,
operational and/or technical error affecting details and pricing of a Product or any promotion on the Website, WinningShops.com
reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
In such situation the remedy as a Buyer in the event of any cancellation made is the refund of the amount paid by you in respect
of any such cancelled Transaction. Nothing in this shall entitle the buyer to further or additional compensation, and buyer shall
have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
The price of the Product shall be the price stated in the Website which excludes the cost of delivery charges. Please refer to
the Shipping Policy listed below.
Payments for the product can be made pursuant to the various payment methods available under the Website. As a Buyer, you are agreeable
to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to the Privacy Policy
PRODUCTS
WinningShops.com has made every effort to display as accurately as possible the colors and images of the products that are available.
WinningShops.com shall not be hold responsible for any different of the color or accurately of the color due to the different in
the computer screen or effect of any lighting.
WinningShops.com shall have the sole discretion to amend or change all descriptions of the products or product pricing at anytime
without notice and reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
WinningShops.com do not warrant that the quality of any products, services, information, or other material purchased or obtained by
you will meet your expectations, or that any errors in the Service will be corrected. As a buyer, you must make your own independent
assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability
to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns.
Any returns shall subject to WinningShops.com’s Return Policy.
Winningshops.com reserve the right, but are not obligated, to limit the sales of the products to any person, geographic region or jurisdiction.
This right shall be exercise on a case-by-case basis. Winningshops.com reserves the right to limit the quantities of any products that are offer
at the WinningShops.com exclusive rights and sole discretion.
Delivery of Products
You shall provide to the Winningshops.com the Proper Delivery Address; delivery of the Products shall be made to the address specified
by you in your Order. You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
Once you have submitted an Order and made full payment for the same, but WinningShops.com fails to deliver the Product within
the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the
Transaction to be cancelled. In such instance, WinningShops.com shall refund any payment made by you without any further or
additional compensation or any claims.
THIRD-PARTY LINKS
Please take note that certain content, products listed in this Website may include materials from third-parties. Third-party links
on this site may direct you to third-party websites that are not affiliated with WinningShops.com. WinningShops are not responsible
for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services of third-parties.
WinningShops.com shall not be hold liable for any harm or damages related to the purchase or use of goods, services, resources, content,
or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
Feedback and Review System
Upon purchasing a Product, you may submit your review of such Product via the feedback mechanism provided on the Website, which can be
in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience .
If you submit or post a review of a Product, such review may be made publicly available. You shall be solely responsible for your review
and WinningShops.com is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review
posted is fair and not unlawful.
Notwithstanding the aforementioned, if WinningShops.com is of the view that your published review of the Product is not appropriate
or is defamatory or likely to violate the law or breach these Terms and Conditions, WinningShops.com shall be entitled to delete such
review at its sole and absolute discretion and without notice to you.
COMPANY INDEMITY
WinningShops.com shall be exempted from any liability towards you for any typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.Winningshops has the sole discretion
to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
WinningShops.com undertake no obligation to update, amend or clarify information, including without limitation, pricing information,
except as required by law.
Under no circumstances will WinningShops.com be liable for any loss or damage by your reliance on information obtained through the Website.
It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided,
and use of the Website is solely at your own risk.
You shall indemnify and hold harmless WinningShops.com and its directors, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and employees which may be instituted or made against from
any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms
or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIABILITY
WinningShops.com cannot and does not guarantee continuous or secured access to the Website and its services, and operation of the Website
may be affected by numerous factors outside of the Winningshops.com’s control. All materials, information, software, products, services and other
content contained on the Website or from a linked site, is provided to you on "as is" basis and without warranty or conditions of any kind,
express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness
for a particular purpose, title, non-infringement, security or accuracy.
WinningShops.com assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under
no circumstances will WinningShops.com be liable for any loss or damage by your reliance on information obtained through the Website.
It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of
the Website is solely at your own risk.
WinningShops.com shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense,
howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will WinningShops.com be liable
for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable
or unforeseeable, based on claims of a Member or whether in action for contract, breach of warranty, tort or otherwise.
DISCLAIMER OF WARRANTIES
WinningShops.com cannot guarantee continuous or secured access to the Services, and operation of the Website may be interfered with
by numerous factors outside of WinningShops.com's control. You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
Accordingly, to the extent that is legally permitted, the WinningShops.com excludes all implied warranties, terms and conditions.
WinningShops.com is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages
arising out of your use of the Website and Services.
Winningshops.com shall not be hold liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or
any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result
of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised
of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
GOVERNING LAWS
These Terms and Conditions shall be governed by the laws of Spain. Any controversy, claim or dispute arising out of or relating to these
Terms and Conditions and/or the Seller Agreement and/or the Policies will be referred to and finally settled by private and confidential
binding arbitration before a single arbitrator held in Spain and governed by Spain laws. The arbitrator shall be a person who is legally
trained and who has experience in the information technology and e-commerce industry in Spain and is independent of either party.
Notwithstanding the foregoing, WinningShops.com reserves the right to pursue the protection of intellectual property rights and confidential
information through injunctive or other equitable relief through the courts.
Notices
Unless specified otherwise in these Term and Conditions or by WinningShops.com, any notice, request, demand or other communication
to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered
post to the following address:
Winningshops.com
Address: Carrer Dr Peris N 20
43740 Mora d'Ebre - Tarragona
All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website.
All agreements, notices and other communications that WinningShops.com sends to you electronically satisfies the legal requirement
for communication to be in writing.
Force Majeure
Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented,
hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment
by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for
so long as such event continues.
Severability
If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable
under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date
of such decision or such earlier date as winningshops.com may decide or the parties may agree, as the case may be.
Waiver
A failure by Couqy to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver
of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Shipping Policy
Shipment processing time
All orders are processed within 1-3 business days. If we are experiencing a high volume of orders, shipments may be delayed by a few days.
Additionally, nationwide and global shipping delays (such as those caused by COVID-19, holiday volumes, or inclement weather) may impact
your estimated delivery date.
Shipping rates and delivery estimates
Shipping charges for your order will be displayed at checkout.
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| Shipment | estimated time| cost |
| -----------------------------------|---------------------------------|
| Free (Spain & Portugal) | 5 to 10 days | 0.00 |
|------------------------------------|----------------------|---------|
| Free (EU,USA & Canada) | 10 to 25 days | 0.00 |
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International shipping process:
Winningshops ships to Europe,USA and Canada only. If you are located outside of those countries, please contact us and indicate your country
to looking if it possible ships to your country. PO Box, APO / FPO and US Territory addresses:Sadly, we are unable to ship to PO Box,
APO, FPO, or DPO addresses and US Territories at this time. We are working towards a solution that will allow us to resume this
type of shipping.
Tracking Your Order
Once your order has shipped, you will receive an email with a tracking number to track your order. Once you receive your tracking number,
please allow up to 48 hours for the tracking portal to update
Contact Us:
If you have any questions or concerns regarding your order, feel free to contact us at: [email protected]
RETURN AND REFUND POLICY
All goods sold are not refundable but exchangeable. We have a seven (7) days exchange policy upon receipt of the order, subject to
the following term and condition.
(a) All item(s) must be returned to us undamaged, unsold, unwashed and unworn.
(b) All item(s) must be returned to us in the good condition, items that are damaged , marked and spoilt will not be exchangeable .
(c) You will be responsible for paying the cost of shipping fee.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at : [email protected]