LEGAL NOTICE

  1. The Company

Vito and Willy® (VANDW) is a register trademark of SAMOT ON LINE S.L. which is a corporation duly incorporated under Spanish Law, with registered offices in Santander (39005), Paseo Pérez Galdós, 23, B-2, 1ºA and Tax Identification Number B-39707021, registered at the Company Registry of Cantabria under Document 1/2009/2.534,0   Diary 87   Seat No.  817   Volume 970  Book No.  0    Page No. 175   Sheet S-21035.

  1. The Website

Those users who freely access the Website will be considered as Users for the purposes of this Legal Notice.

2.1 Purpose and Target

The Website provides Users with information about the company and its activity and offers them the possibility to purchase the goods provided by VANDW in accordance with the terms set forth in the Terms & Conditions that you can see in the LEGAL INFORMATION section.  Please take into account that the purpose of the Website is strictly professional and therefore its content is not addressed to under age Users.

2.2 Applicable law

This legal notice, which also includes the terms of use of the Website, shall be interpreted under Spanish Law. Due to the supranational nature of the electronic communication infrastructures, those accessing the Website from other countries must observe the promulgated law in each territory insofar as such law is imperatively applicable.

  1. Terms of use

3.1 Purpose and acceptance

The main purpose of these rules is the regulation of the Website access. All Users are obligated to observe them. The access and surfing on the Website implies the express and unreserved acceptance of the provisions of this Legal Notice and, therefore, if any User does not agree with any of such provisions he/she shall not access or surf on the Website.

3.2 Unauthorized conduct

Anyone who accesses the Website must observe the applicable laws, ethical codes and terms of use of the Website. According to the same, users shall refrain from performing any conduct that may involve:

Denigrating the services rendered by VANDW.

Disseminating computer viruses which may harm computer programs or affect contents, equipment or systems of VANDW.

Disabling any computer programs technical protections.

Including contents of any kind whatsoever.

Dissemination of xenophobic or pornographic contents.

Using trademarks, logos or distinctive signs of third parties, without the required authorization.

Using the Website contents for commercial purposes without express authorizations.

Associating the Website’s contents with pornographic information or in connection to any sort of racist or xenophobic exploitation or related to terrorism or weapons trafficking.

Transforming, communicating to the public, distributing, assigning, reproducing or modifying the Website’s contents, except as permitted by law or when expressly authorized by VANDW.

Failing to comply with the technical requirements or specifications established for accessing the Website.

Making defamatory comments that may affect fundamental rights of third parties.

3.3 Suspension of the Website

The Website is operated using the servers of service provider’s companies connected by public and private communication infrastructures.

Access to the Website may be suspended due to technical reasons or due to causes of force majeure such as:

Interruptions in electricity supply or telephone service.

User errors when accessing the Website.

Fires, floods, earthquakes or other acts of nature.

Strikes or labour conflicts.

Warfare or other force majeure situations.

The above mentioned causes, which are given merely as an example and not as a non-limitative list, are unforeseeable or, even being foreseen or foreseeable, are equally inevitable.

VANDW declines and will be exonerate from any liability derived from the occurrence of any of such reasons and events.

3.4 use of Cookies

VANDW uses Google Analytics on this Website. Google Analytics is a web analysis service provided by Google, Inc. (hereinafter, “Google”) that uses “cookies”, which are stored on the User’s computer to help the visited website analyse how Users use the same.

The information generated from the cookie about the use of the Website visited by the User (including the IP address) is sent to Google, and stored by Google on servers in the United States. Google will use this information for the purpose of tracking and examining the use of the Website by the User, filling reports on Website activity for web site operators and providing other services relating to Website activity and Internet usage.

Google may also transfer this information to third parties when required by law or when such third parties process the information on Google’s behalf. Google will not associate IP addresses with any other user data held by Google.

User may refuse the use of cookies at any time by selecting the appropriate settings in its browser. These settings, normally, are found in the “options” or “preferences” of the menu of your browser. For example:

However, please note that if you refuse the use of cookies, you may not be able to use the full functionality of this Website. By using the Website, the User allows the processing of its data by Google for the terms and purposes listed above.

For further information regarding Google Analytics, please see the following link http://www.google.com/analytics/tos.html.

3.5 Legal liability

Failure to observe these rules or to comply with the applicable regulation that apply to such rules may result in an unlawful act, administrative fine, an offence or crime and shall entitle VANDW to claim for the civil, administrative, labour or criminal responsibility that may correspond. Expressions, opinions or comments included illegally in the Website shall be responsibility of those who have made them.

  1. Website content

4.1 Types of contents

Any and all contents included in the Website included but not limited to texts, images, designs, graphics and all the intellectual property rights on and to the same, are of VANDW´s  exclusive property or third parties’ property, being all such rights reserved to their respective right holders.

Under no circumstances, it shall be understood that accessing and/or surfing the Website by a User shall imply a waiver, license or a total or partial transmission or assignment of such rights by VANDW´s .

It is forbidden to modify, copy, re-use, exploit, reproduce, publicly communicate, make second or subsequent publications, load files, send by email, transmit, use, process or otherwise distribute or communicate to the public all or any part of the Website contents unless VANDW´s  express prior written consent.

4.2 Associated trademarks and logotypes

The trademarks included in the Website are of exclusive property of VANDW´s  r by third parties, having VANDW´s  authorization to use them in the Website.

Anyone surfing the Website is not authorized to use, copy, reproduce, communicate to the public, modify, or exploit in any manner whatsoever said trademarks, logos and/or distinctive signs without prior written authorization and/or license from their respective right holders.

4.3 Links to other websites

Any mention in the Website to third parties websites, if the case, are for reference only. VANDW´s  does neither develop nor manage such websites nor owns the mentioned Internet addresses, unless otherwise specifically indicated. Therefore, VANDW´s  shall neither be liable for the contents included in such websites nor for the damages originated by accessing them or the services provided.

VANDW´s  authorizes to make any type of link or hyperlink from other websites to the Website. Nevertheless, anyone who wishes to link his/her website to VANDW´s  must comply with the following conditions:

The linked website shall not contain information or contents that may result illegal or against the moral, good moral values, public order or any other third parties rights.

Under no circumstance it shall be stated nor understood that VANDW´s  expressly authorizes a link, or that has supervised the same, or assumed or in any way recommended the services provided or made available in the website that has linked to the Website. It is, therefore, recommended to anyone who surfs on our Website to extreme caution in valuating and using the linked information, contents and services of the linked websites.

To establish a link does not imply in any case the existence of any kind of relationship between VANDW´s  and the linked website owner or the acceptance or approval of its contents or services by VANDW´s

Links can only be established with respect to any page of the Website that is publicly accessible and is not restricted to concrete Users.

  1. Website publication and terms of use

This Legal Notice jointly with the terms of use of the Website is available to anyone who accesses the Website. Those who access the Website may freely consult and print them.

The content of this Legal Notice will be adapted according to any modifications affecting the applicable law, the structure of the organization, the services, the design and technical specifications of the Website and the technological infrastructure. Due to all these reasons, they may be updated periodically and without prior notice.

We, therefore, recommend you to frequently consult the present Legal Notice of the Website in order to verify its changes through time.

 PRIVACY POLICY

SAMOT ON LINE S.L. grants protection to all personal data provided through its Website www.vitoandwilly.com (hereinafter, the “Website”)in compliance with the provisions of Spanish Organic Law 15/1999, dated December 13th, on the protection of Personal Data, in the Spanish Royal Decree 1270/2007, Dated December 21th and the rest of applicable regulation.

  1. A)     Such Users who provide their personal data in order to register as User in the Website shall take into account the following:

All personal data provided to VANDW´s  through the Website in order to register as User will be processed by VANDW´s  according to legal provisions and shall be collected in an automated data file created and managed under VANDW´s  responsibility duly registered in the Spanish Data Protection Agency. You may consult the complete identifying data of VANDW´s  n the LEGAL INFORMATION section.

Please be aware that Users, who access certain specific services of the Website, particularly those related to the newsletter or the purchase process, will be asked for their specific consent in order to include their personal data other data files different from the file described above and may be asked to provide different information from such already provided in the registration process.

The data requested during the registration process are collected to: (i) allow the correct identification of the User, (ii) grant the User access to restricted areas of the Website and provide the services offered (without prejudice of what is set forth in the previous paragraph), (iii) perform statistics studies and historical analysis and (iv) enable the contact with VANDW´s  (including report of incidents).

In the event that the user gives his/her express consent, all collected data shall also be used for promotional and advertising activities of the products and services provided by VANDW´s  or by third parties collaborating in the Website, by any means, specially by sending e-mails (all promotional messages shall include the identification “advertising” and a simple mechanism through which Users may express their desire not to receive any of such messages in the future). Promotional and advertising activities may include information about products or services related to other companies in the sectors of decoration, textile, fashion, clothing and accessories and household products, cosmetics, leather goods and jewelry as well as information related to contests, draws and promotions related to those products or services.

VANDW´s  shall comply, in relation to the collection and processing of personal data, with all required security levels appropriated to the kind of data provided by Users. For this purpose, VANDW´s  has installed all means and technical measures at its disposal to avoid the loss, non-authorized access or manipulation of data according to the regulation on security measures for automated date files that contain personal data approved by the Spanish Royal Decree 1720/2007, dated December 21th. Notwithstanding the above, Users should be aware that the security measures on the internet are not invulnerable.

The User may, at any time, exercise his/her rights to access, rectify, cancel and oppose regarding his/her personal data as well as to revoke his/her consent for any of the above mentioned activities by sending an e-mail to VANDW´s  to hello@vitowilly.com , clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

The User authorizes the automated processing of the personal data provided under the terms set forth herein if he/she makes click in the “Send” button which appears after filling in the collecting data form. All data which are compulsory shall be identified with an asterisk in the form.

  1. B)      Such Users who provide their personal data in order to conclude a purchase order of any VANDW´s  products through the Website shall take into account the following:

The user’s data will be included in a file of which SAMOT ON LINE S.L. is the data controller, with the exclusive purposes of (i) managing the purchase orders the User has requested, (ii) the sending of the purchased items to the User, (iii) the invoicing and delivering of the invoice regarding the products purchased by User (iv) charging the items purchased, (v) where appropriate, managing the exchanges and returns of products and of (v) carrying out statistical studies in relation to  purchasing preferences of VANDW´s  Users.

You are entitled to exercise your rights of access, rectification, cancellation and opposition of your personal data and to withdraw the consent to any purpose set out above addressing such application to SAMOT ON LINE S.L. by e-mail to hello@vitowilly.com clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

Notwithstanding the requested consent, please be advised that, as Registered User, the provisions of Section A) above of this Privacy Policy shall be also applicable.

  1. C)      Such Users who provide their personal data because they wish to receive the newsletter shall take into account the following:

When providing his/her email address, User expressly consents to periodically receive the sending of newsletters and news alerts with advertising information and news about the contents hosted in the Website and related to products, offers, contests, draws and promotions of SAMOT ON LINE S.L.

In addition, when providing his/her email address, User gives his/her consent to the inclusion and processing of your email address to a file of which SAMOT ON LINE S.L. is the data controller, with the exclusive purpose of providing you with this information service.

Any User is entitled to exercise your rights of access, rectification, cancellation and opposition by addressing such application to SAMOT ON LINE S.L. by e-mail to hello@vitowilly.com, clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

PURCHASE TERMS & CONDITIONS

 PURPOSE

The purpose of the present purchase terms and conditions (hereinafter, the “Terms & Conditions) is to regulate the purchase of products though the website www.vitoandwilly.com (hereinafter, the “Website”) by Users registered in the Website’s section “Account” (hereinafter the “Registered User/s”).
These Terms and Conditions shall apply without prejudice to the rules of use of the Website established in the Legal Notice which applies to all Website visitors for the mere access to it.

The Website is owned by SAMOT ON LINE S.L.

 TERRITORY
 The products sale’s scope through the Website is worldwide. All taxes are only included in Spain and EU territories – Ceuta, Melilla and the Canary Islands are excluded -. Shipping in VANDW do not include special taxes and custom duties in other territories. It is compulsory that User consults special taxes and custom duties in order to take care of the extra costs that this may involve. Also, it’s not responsibility of VANDW possible retentions of product and any other situation arising from other territories’ specific laws or regulations.

 REGISTRATION PROCESS

 In order to buy the products offered by VANDW through this Website, it is compulsory that User registers as Registered User in section “Log in”, which implies that he/she has to fulfill all data in the appropriate form. In case any User is not registered as Registered User in the moment of filing an order, he/she may register in that moment by fulfilling the form that may be consulted here.

Please be aware that the registration system uses as a control measure the e-mail address that the Registered User provides in his/her registry, what permits him/her having as many accounts as e-mail addresses he/she provides. Nevertheless, we suggest you to proceed with just one register because the system matches the information and does not permit the link of a credit a card or back account to more than one Registered User account, as a fraud prevention measure.

The registration process as a Registered User in the Website requires the supply of some personal data (name and surname, an e-mail address that will work as a user key (login) and a password of User’s choice that must be composed by, at least, of six (6) characters), as well as the acceptance of the Privacy Policy of the Website.

Once the registration process is completed, VANDW will immediately send an e-mail to the User confirming that the registration process has successfully been completed.

Please be aware that your e-mail address and the chosen password facilitate the access to restricted areas of the Website, in order to permit the selection and purchase of VANDW products. This access is only addressed to personal use and its purpose is to grant the user’s identification in each visit to the Website. That is why we strongly recommend you to keep your personal codes in secret and do not permit third persons access to them.

In the event that, for any reasons, you consider the password does not comply with the security purpose for you access as Registered User, or you lose your password, you may change it or recover the access to your account as Registered User by requesting a new password by selecting the option “Forgot your password” when accessing section “Log in” of the Website.

 PRODUCTS
 VANDW commercializes through its Website only its own products which are produced under the most strict quality standards.

VANDW has exercised its best endeavors so that the products’ colors that appear in the Website resemble reality as much as possible. Nevertheless, the products’ colors that appear in the screen may be subject to variations according to the computer screen quality and other aspects. In this respect, VANDW does not warrantee that the colors which appear in the electronic device the User uses to access the Website, are exactly like in reality.

 PURCHASE PROCESS
 To process an order, the Registered User shall select the items in the prescription and color of his/her choice and add them to the “Cart”.

In the section “Cart” the Registered User will be informed of the total amount of his/her order in euros.

Once the Registered User has selected the products he/she wants to purchase, the Website will require the Registered User additional personal data (data to process the payment and to proceed with the shipping), which are compulsory to pay the product and to allow VANDW to ship the product/s included in the purchase order. You can consult the payment process details in the next section.

In case it is the first time the Registered User files an order through the Website, he/she should introduce the shipping address in which he/she wants to receive the products.

In case it is not the first time the Registered User files an order through the Website, the system will automatically and by default recover the shipping data of the first order made, without prejudice to any modification to those data that the Registered User may do to provide an alternative postal address for the shipping.

It is important that you take into account that VANDW does not process shipments to post office boxes.

Once the purchase process is finished, you will become a customer of VANDW (hereinafter referred to as the “Customer”). VANDW will send a confirmation e-mail of the purchase made to the e-mail address provided when you registered as a Registered User. Said e-mail will include a detail of the product/s acquired, the total price of the same, the delivery expenses and the expected delivery date (depending on the destination, the product/s availability and the logistics of the courier companies). You can see more details about the delivery process in section 7 below.

If after a reasonable period of time, you have not received a confirmation e-mail, it is important that you access again to your user account to verify that your order has been duly processed. In case of any incident, please contact VANDW by sending an e-mail to hello@vitowilly.com

Except for technical problems, products shown as available in the Website (and that, consequently, can be added to the “Cart”), are ready for its immediate shipping from VANDW s storehouse. In case of any incident with the delivery of one/some given product/s, VANDW will contact the Customer as soon as possible and inform the same about the effective date of availability of the selected product/s or, if the case, to offer such Client alternative solutions, if possible.

In case the effective availability of certain product/s or the alternative solutions offered by VANDW are not accepted by the Customer, VANDW will reimburse the Customer the amounts already charged for that/those product/s, processing normally the rest of the order, if the case.

The promotions, special offers or discounts that VANDW may carry out in the Website will be valid until the date indicated in the same or until stocks last.

 PAYMENT TERMS

All orders may be paid by credit and debit card or by pay-pal system.

VANDW does not store data of electronic payment means (credit or debit card or pay-pal system). When you provide such data, you shall be doing it through a SSL encryptation system (Secure Socket Layer) and through a safe connection between the Website and the electronic provider of the payment service.

In order to contribute to the fraud prevention through Internet, VANDW reserves the right to verify the personal data provided by the Customer and take the measures that it may consider more appropriate (for example, and not limited to the paralyzation of the order, the cancelation of the same, the notification of the situation to the competent authorities, among others) in the event of having evidences or suspicions of a fraudulent order or made impersonating other’s identity.

In the event that a Customer needs an invoice of his/her purchase, he/she may request it by sending an e-mail hello@vitowilly.com indicating his/her tax information. VANDW will process your request as soon as possible and will send the invoice by e-mail to the address indicated in the registration process or to the one the Customer expressly indicates.

ACQUIRED PRODUCTS GUARANTEE
 VANDW will respond of fabrication defects for a period of one (1) year to be counted as of the date of delivery of the product at issue.

The Customer shall send an e-mail to hello@samot.com notifying the incident. VANDW will answer said e-mail as soon as possible with the details about how to proceed according to the circumstances.

The Customer shall prove the defect and shall return the defective product in its original packaging, if possible. The return must be made to the address indicated below, within seven (7) working days after our e-mail confirmation to your request:

VITO AND WILLY ( SAMOT)

Street Lealtad, 7

39002 Santander

Spain

 In case that the product/s returned according to the circumstances described in this section, do not have fabrication defects covered by the legal guarantee, VANDW will communicate it to the Customer, indicating the alternatives he/she has in relation to the same according to the circumstances of the concrete case (for example, but not limited to, return of the same product/s prepaid as they are, replacement of the product/s with additional cost, repairing of the product/s at  Customer’s expense, among others).
CUSTOMER SERVICE

If you have any kind of doubt, consultation or suggestion, you can send us an e-mail to: hello@vitowilly.com  or by postal mail to:

VITO AND WILLY ( SAMOT)

Street Lealtad, 7

39002 Santander

Spain

GOVERNING LAW

These Terms and Conditions shall be construed in accordance with the laws of Spain, without prejudice to the imperative laws applicable in each country of the Territory. In case of any dispute that cannot be solved amicably between VANDW and the Customer, the competent Courts shall be such of the City of Santander (Cantabria), unless otherwise provided by imperative laws that may result applicable.
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