Terms of service

On one hand, NATURAL ACTIVE WEAR S.L. (hereinafter, NAW) a Spanish company, with Tax Identification Number (NIF) B44630325 and Registered Business address at C/José María Salaberria 13, 7ºA, Donostia – San Sebastián, Gipuzkoa (Guipúzcoa), 20010, owner of the Website https://nawturalrun.com/ (hereinafter, the Website or NAW, indistinctly), and, on the other hand, the Buyer, understood as any User of legal age with the necessary legal capacity, whether a Registered User of the Website or acting as a guest, who completes the steps set out therein to purchase products offered on the Website.

2. Purpose

The purpose of these General Terms of Purchase is to govern the acquisition of products via the Website in exchange for a monetary contribution as set out herein.

3. Products

3.1. Product Offering

The Website provides information on all products for sale, including characteristics and prices. However, it reserves the right to withdraw, replace or change the products offered to its customers via the Website by modifying their content. The products offered at any given time on the Website shall be governed by the general terms in force at that time; accordingly, the company may, without prior notice and at any time, cease to offer access to the aforementioned products.

3.2. Availability

Availability of our products may vary depending on customer demand. Our stock is updated periodically, but we cannot guarantee that the product you select will not be out of stock. If so, we will send you an email informing you that fulfilment is not possible.

4. Description of the Purchase Process

The purchase process is carried out via the Website.

To purchase products available in the catalogue, the User must click on those of interest in the catalogue, selecting the “Add to cart” option. The selected products will then be available in the shopping basket.

The User must then:

a. Click on “Cart” and check that the items in the basket are those selected, being able to amend the order by adding or removing products.

b. Once the User has checked that the basket matches their selection, to place the order they must select “Checkout”.

c. The purchase process will then be displayed on screen, indicating the characteristics and products selected. The User must enter all data required in order to proceed with the purchase, where applicable.

In all cases where access has been made without obtaining the user’s identifying data, address or payment method, the user must enter such data and create an account on the Website so that the order can be processed.

d. The Buyer must select the delivery or collection method.

e. Where access has been made without indicating a payment method, the Buyer must select the chosen payment method. The currently available means of payment are:

1. Debit or credit card: In this case, you must provide card information solely for the purpose of processing payment.

2. PayPal: for more information visit http:www.paypal.com.

f. Once the User has provided this information, they must, after reviewing the order and depending on the selected payment method, proceed to payment and thereby confirm their intention to purchase and conclude the sale, having first accepted these Terms.

g. NAW will confirm receipt of the Buyer’s intention to purchase and, where applicable, payment of the order. Likewise, it will send the corresponding invoice by email when requested by the customer. By accepting these Terms, the Buyer consents to receiving an electronic invoice. You may object at any time by notifying the email address provided in the Legal Notice.

h. Once the order has been confirmed, the Buyer will receive it within the timeframe indicated on the Website.

5. Pricing Policy

The prices displayed on the Website are set by NAW. Prices are shown in Euros (€). Before purchasing any selected products, we will show you itemised prices according to the taxable base and the taxes applicable at any given time.

Prices do not include certain applicable taxes that may, where appropriate, be payable by the Customer due to shipping. NAW cannot determine in advance which taxes will apply, as this will depend on the location from which the Customer contracts. Once the Customer has entered this information in the relevant form, the taxes payable will be displayed.

Transport and delivery costs for the products shall be those indicated on the Website at any given time and in the Shipping and Returns Policy.

6. Discount Policy

The Website may include promotions and/or discount codes based on points accrued on the site. Such circumstances will be shown on screen, together with any conditions that may apply. Any amendment thereto is subject to NAW’s discretion.

7. Acceptance of the General Terms of Purchase

When the purchase is made entirely via the Website, you must read these Terms and expressly accept them by ticking the corresponding consent checkbox, unchecked by default, at the end of the purchase process.

If there are special rules or restrictions affecting certain rates, discounts and/or products you have selected, such special rules or restrictions will be displayed on screen before you proceed to purchase the product.

8. Obligations of All Parties

8.1. Obligations of the Owner

NAW undertakes the obligation to:

a. Carry out effectively and efficiently all procedures required for receipt by the Buyer of the products purchased.

b. Send the Buyer all information and documentation necessary to receive the order.

c. Not permit any transaction that is illegal or considered by the card brands or acquiring bank to be damaging or potentially damaging to their goodwill or to have a negative impact on them. Under card brand programmes, the following activities are prohibited: the sale or offer of a product or service not in full compliance with all applicable laws to the purchaser, issuing bank, merchant, cardholder, or cards; as well as the sale of medicines.

d. Comply with these obligations and any others that may be applicable.

8.2. Obligations of the Buyer

By accepting these Terms, the Buyer undertakes the obligation to:

a. Pay, in due time and form, the amounts specified during the purchase process. Failure to pay shall release NAW from the obligations set out herein and any others undertaken in exchange for receipt of monetary consideration for the products.

b. Be liable for the truthfulness and authenticity of any data provided to purchase the selected items.

c. Assume responsibility arising from any of the requirements set out in these Terms to hold the status of Buyer, as well as any lack of documentation necessary for payment of the purchase.

d. Comply with any other obligations contained in these Terms or any others that may apply, and assume any liability arising from breach thereof, holding the Owner fully harmless.

9. Intellectual and Industrial Property Rights

Any intellectual or industrial property rights arising, where applicable, from the products or services are the exclusive property of NATURAL ACTIVE WEAR S.L. Furthermore, the purchase of any product shall not be construed as an assignment, transfer or licence to exploit the industrial or intellectual property rights relating to the products and/or services, including, by way of example but not limitation, rights over industrial designs, utility models, patents, trade secrets and any other tangible or intangible rights related to the products and/or services, unless expressly stated otherwise.

Accordingly, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation—even with citation of the source—is prohibited unless prior, express and written consent has been obtained from the Owner or the exclusive rights holder concerned.

10. Liability Exclusion

The Owner shall in no event be liable for loss or damage caused to the Buyer due to causes attributable to the Buyer. NAW shall be liable solely and exclusively for loss or damage caused as a consequence of purchases made on the Website, provided such loss or damage results from wilful misconduct or negligence on its part.

By way of example only, NAW shall not be liable for:

a. The usefulness of the products purchased for the Buyer, as the Owner is not responsible for the selection made at any time, even if it identifies items that, due to their characteristics, are recommended as accessories and/or complements to the selected products.

b. Personal injury or property damage caused as a result of use of the products, where the recommendations specified for the product have not been followed.

c. Failure to perform its obligations due to events of force majeure (extraordinary, unforeseeable circumstances) including but not limited to, internal or external strikes, natural disasters, civil unrest, etc.

The Buyer thus acknowledges that they purchase items at their own risk, with NAW’s activity limited to carrying out the material tasks necessary for delivery, processing and management.

In any event, the liability assumed by NAW towards the Buyer shall in no case include loss of profit and shall be limited, to the maximum extent and for any reason, to the total amount received by NAW from the Buyer as consideration for purchase of the product in accordance with these Terms.

11. Indemnity

Any damage, harm, loss or cost (including solicitors’ and/or barristers’ fees) arising from a breach by the Buyer of these Terms or any others that may apply, incurred by NAW, shall be compensated by the Buyer responsible. This includes any third-party claims arising from such breaches.

12. Amendments

These Terms may be amended and/or updated at any time without prior notice. Amendments shall take effect from their publication on the Website, regardless of the medium or format used.

Amendments shall only affect Buyers who accepted them after such amendment.

13. Miscellaneous

13.1. Safeguard and Interpretation of these Terms

If any provision is declared illegal, invalid or unenforceable by the competent Authority, such provision shall be interpreted in the manner most closely reflecting the original intent of that provision. In any case, such declaration regarding any clause(s) shall not prejudice the validity of the remaining provisions.

Failure by NAW to require strict performance of any of the terms herein shall not constitute, nor be construed as, a waiver of its right to enforce them in the future.

13.2. Language

The applicable language of these Conditions is Spanish. If versions in other languages, such as this version in English, are provided, these are solely for courtesy and convenience for the User. In case of contradiction, the Spanish version shall prevail.

13.3. Governing Law and Jurisdiction

The relationship between the Owner and the Buyer shall be governed by Spanish law, and disputes or conflicts relating to these Terms shall be submitted to the Courts and Tribunals of the Buyer’s domicile, provided the Buyer is a consumer and user pursuant to the applicable legislation. Otherwise, the parties submit to the Courts and Tribunals of San Sebastián.

If the Buyer encounters any issue arising from the purchase of products available in the Website’s Catalogue, they may use the European Union’s online dispute resolution system, accessible via the following link: https://consumer-redress.ec.europa.eu/index_en.