1. GENERAL INFORMATION
The ownership of this website is: www.worstfame.com Contact email: info@worstfame.com
This document (as well as other documents mentioned herein) regulates the conditions that govern the use of this Website (www.worstfame.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity that Worst Fame develops through the Website comprises:
Sale of clothing (T-shirts).
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 cookies policy and Worst Fame’s privacy and data protection policy. 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 the aforementioned, so if he/she does not agree with all of them, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all 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
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The User will be able to formalize, at his choice, with Worst Fame the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users may purchase on the Website through the means and forms established. They shall follow the online purchase and/or acquisition procedure of www.worstfame.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: «Finalize purchase».
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email once he/she has received the product.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments made during the transactions carried out on the Web Site may be filed and kept in the computerized records of Worst Fame in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the applicable laws and regulations in force in this respect, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and with the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Worst Fame through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products, Worst Fame undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
However, unless otherwise indicated, the prices of the items offered include shipping costs.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card.
Worst Fame uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the credit card issuing bank, if such bank does not authorize payment, Worst Fame will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Worst Fame receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.
In any case, by clicking on «Finalize purchase» the User confirms that the payment method used is theirs.
6. DELIVERY
In cases where it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Worldwide.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, Worst Fame is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Worst Fame to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Worst Fame, Worst Fame will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Worst Fame receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the moment of delivery, if this takes place after full receipt of the amount paid by Worst Fame.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service will be understood to be located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he/she detects that an error has occurred when entering the necessary data to process his/her purchase request on the Website, he/she can modify them by contacting Worst Fame through the contact spaces provided on the Website, and, if applicable, through those provided to contact the customer service department, and/or by using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on «Finalize purchase», has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from 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 Worst Fame Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods composing the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify Worst Fame of his decision. This can be done, if necessary, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract.
To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the relevant period.
In case of withdrawal, Worst Fame will reimburse the User all payments received, including the shipping costs (with the exception of the additional costs chosen by the User for a different shipping method than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Worst Fame is informed of the User’s decision to withdraw.
Worst Fame will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Worst Fame may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to Worst Fame at: Carrera de San Francisco, 13, 28005 Madrid.
And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Worst Fame was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that the Users will not have the right of withdrawal 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 acknowledgement on his part that he is aware that, once the contract has been completely executed by Worst Fame, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, 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, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the moment of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact Worst Fame immediately and let them know of the existing disagreement (defect/error) by the same means or using the contact details 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 to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make 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 time for the User, as a consumer and user, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Worst Fame, therefore, being liable for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Worst Fame and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. 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 error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Worst Fame will not accept any liability for the following losses, regardless of their origin:
any losses which are not attributable to any breach by you;
business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred);
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.
Likewise, Worst Fame also limits its liability in the following cases:
Worst Fame applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Worst Fame will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Worst Fame will not be responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any others typical of the sector, which result in delays, losses or thefts of the product.
Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site due to maintenance or other reasons, which prevents the availability of the service. Worst Fame puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however, Worst Fame is exempt from responsibility for causes that are not attributable to it, fortuitous events or force majeure.
Worst Fame will not be responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Worst Fame will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, Worst Fame will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (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, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using 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 Worst Fame will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Worst Fame will use all reasonable means to find a solution to enable it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User accepts that most of the communications with Worst Fame will be electronic (e-mail or notices published on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Worst Fame sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Worst Fame through the contact details provided in these Conditions and, if applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Worst Fame may contact and/or notify the User by e-mail or at the postal address provided.
11. WAIVER
No waiver by Worst Fame of any specific legal right or action or any failure by Worst Fame to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or action arising from a contract or from the Conditions, nor shall it exonerate the User from the performance of its obligations.
No waiver by Worst Fame of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. VOID
If any of the present 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 such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and Worst Fame in relation to the object of sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Worst Fame acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Worst Fame in the course of a transaction on the Website, will be treated in accordance with the Privacy Policy or data protection policy (contained, if 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 such information and data and declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Worst Fame and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Worst Fame his/her complaints, claims or any other comment he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Worst Fame has official complaint forms available to consumers and users, which they can request from Worst Fame at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between Worst Fame and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online 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/.