1. Parts

On the one hand, UpDog, S.L. (hereinafter “UpDog”) is a Spanish company, with Tax ID ESB88592019 and registered office in Madrid at C/ Duque de Sesto 5, 28009, owner of the platform https://www.updog.es (hereinafter, the “Website”), and on the other hand, the buyer, understood as any Registered User according to the provisions of the Terms of Use, of legal age and with the necessary legal capacity to act, who completes the steps established on the Website for the purchase of pet articles offered by the same (hereinafter, the “Buyer”).

2. Object

The purpose of these General Conditions of Purchase is to regulate the purchase of pet products through the Website by the Buyer, in exchange for an economic consideration that corresponds to the provisions herein.

3. Use of the Web Site

By making use of this website and placing orders through this website, the Buyer agrees to:

• i. Use the Web Site only to make legally valid inquiries or orders.
• ii. Not to place any false or fraudulent order. If it could reasonably be considered that such an order has been placed, UpDog reserves the right to cancel it and inform the relevant authorities.
• iii. Provide us with true and accurate email address, mailing address and/or other contact information. You also agree that we may use this information to contact you if necessary (see our Privacy and Cookie Policy [with the relevant link]). If the Buyer does not provide us with all the information we require, we will not be able to fulfill the order. By placing an order through the Website, the Buyer declares to be over 18 years of age and to have the legal capacity to enter into contracts.

4. Products

4.1. Product Offering

The Website provides information about all the products on sale, their characteristics and prices. However, UpDog reserves the right to withdraw, restock or change without notice and at any time the products offered to its customers through the Website. The products offered at any time through the Website are governed by the general terms and conditions in force at any given time.

4.2. Availability

The availability of our products may vary depending on customer demand. Our stock is automatically updated by our computer systems and, additionally, our team periodically checks that this stock is correct, but this does not allow us to guarantee with total certainty that the products purchased are not out of stock. If this is the case, UpDog will contact the Buyer as soon as possible to inform him of the impossibility of delivering the purchased and out-of-stock product on time, offering the following options:

I. The possibility of acquiring another product by paying the corresponding price difference.

II. If the purchased item is available from UpDog and out of stock within a reasonable period of time, the Buyer will be informed of the estimated time within which he may receive it, in case he wishes to wait until the item is back in stock. If this option is chosen, the item will be shipped to the Buyer as soon as it is available again from UpDog.

III. The Buyer may also cancel the order with a refund of the amounts paid for such purchase.

In the event that the Buyer has placed an order for several items and some of them are available and others are not, UpDog will contact the Buyer as soon as possible informing him of this situation and giving him the following options:

I. Immediately send the available items and, in a second shipment, the purchased items that are not available when they are back in stock. If the Buyer chooses this option, UpDog will bear the shipping costs of this second shipment.

II. Replace the unavailable item(s) with one that is being paid for by Buyer or UpDog, as the case may be, the corresponding price difference.

III. Cancel the order with respect to the unavailable item(s), with a refund of the amount paid by the Buyer for the unavailable item(s).

IV. Cancel the entire order with reimbursement by UpDog of the amounts paid.

5. Purchase process

The purchase process is simple and can be made through the Web Site.

To purchase through the Website, any Registered User must browse the product catalog of the Website and add to the shopping cart those products that are of interest. It is not possible to complete the purchase without being identified as a Registered User on the Website, for which you must have expressly accepted these Terms and Conditions, the General Conditions of Use and the Privacy and Cookies Policy beforehand.

Therefore, in order to make a purchase on the Website the Registered User, after choosing the products he/she wishes to purchase, must:

a. Click on the shopping cart, so that you will be redirected to the purchase screen. There you must fill in all the information required in the form and click on “Buy Now”, after accepting these General Conditions of Purchase, the General Conditions of Use and the Privacy Policy and Cookies. If the Registered User wishes to modify the order, he/she can do so, adding or deleting products.

b. On that purchase screen, the Registered User must also select the shipping method and the chosen payment method. Currently, the available payment methods are as follows:

i. Debit or credit card: 4b, Mastercard and Visa cards are accepted for payment. In this case we will need the Buyer to provide us with information regarding his/her card for the sole purpose of processing the payment.

ii. Paypal: for more information visit Paypal.com.

iii. Bizum: for more information, visit Bizum.es.

c. Once this has been done, the Registered User shall, after reviewing his/her order and depending on the payment method selected, proceed with the payment and thereby confirm his/her willingness to purchase and formalize the sale and purchase.

d. UpDog will confirm to the Buyer that it has received the Buyer’s wish to purchase the products and will also confirm payment, if payment has been made correctly. In addition, UpDog will send the order confirmation with the corresponding invoice by e-mail. By accepting these General Conditions of Purchase, it is understood that the Buyer has consented to the sending of an electronic invoice. You may object to this at any time by writing to info@updog.es.

6. Order preparation

In general, once the order has been received in our system, UpDog will proceed to prepare it for shipment or for delivery in our physical stores in Madrid, depending on the option chosen by the Buyer. This preparation of the order will take place within two days following the day on which the order was placed. Please note that this period excludes Saturdays, Sundays and holidays in Madrid.

Once UpDog has the order ready for shipment or ready for delivery to the physical store chosen by the Buyer, an e-mail will be sent to the Buyer.

Notwithstanding the foregoing, and in exceptional circumstances (high number of orders, holiday periods, etc.), UpDog reserves the right to delay the preparation of orders. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase by means of notices on the Website.

7. Delivery of the order

Once the order has been prepared, UpDog will proceed to ship the order to the address indicated by the Buyer during the purchase process or will inform the Buyer of the availability of the order for pick-up at the UpDog physical store chosen, depending on whether the Buyer has chosen one option or the other when placing the order.

7.1. Delivery to the Physical Store

During the purchase process, the Purchaser may choose to pick up the order at one of UpDog’s physical stores in Madrid. In this case, UpDog, once the Buyer’s order is ready to be delivered to the chosen physical store, will inform the Buyer by e-mail of this circumstance so that he/she can pick it up. The Buyer will not have to pay any amount for shipping or preparation of the order. To collect the order, the Buyer must simply go to the UpDog physical store chosen during its business hours, on a working day in Madrid, and must show the UpDog staff the following:

a. the invoice or order confirmation e-mail,

b. an official identification that reliably proves that he is the Buyer of the order or,

c. if the Buyer does not pick up the order, proof that the Buyer has authorized the Buyer to pick up the order on the Buyer’s behalf.

7.2. Shipment of the order by carrier

Likewise, during the purchase process, the Buyer may choose to have the order shipped to the address of his choice, as long as it is not a post office box.

7.2.1. Domestic shipments

UpDog works with the shipping company FedEx, however, UpDog reserves the right to change shipping company at any time and without prior notice. UpDog ships to any point in Spain within the Iberian Peninsula (hereinafter referred to as “Peninsular Spain”), however, UpDog does not ship to the Canary Islands, Ceuta, Melilla or the Balearic Islands.

As a general rule, the first delivery attempt will be made within 24 to 48 hours after the order has been picked up by the carrier. In order to keep the Buyer informed, UpDog will send an email to the Buyer on the day on which the order is delivered to the carrier informing the Buyer of this delivery. Please note that Saturdays, Sundays and public holidays, whether in Madrid or in the place of delivery of the order, are excluded from the 24 to 48 hour period mentioned above. However, in exceptional cases of force majeure or in periods with a high number of orders, such as sales periods or Christmas, UpDog reserves the right to extend delivery times. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase by means of notices on the Website.

If the amount of the order is equal to or greater than 59 euros, UpDog will pay the shipping costs. For purchases of less than 59€, shipping costs are to be borne by the Buyer and vary depending on the destination. During the purchase process, the Purchaser must enter the delivery address and the Website will automatically inform the Purchaser of the shipping costs for the order being processed. However, for information purposes only, the shipping costs will be approximately as follows:

Delivery address: Spain Peninsular

Shipping costs (V.A.T. included): 5,93 euros with FedEx

As an exception to the above and regardless of the total amount of the order, if the orders include products considered as Oversized Products, additional shipping costs will be associated with them.

7.2.2. Delayed delivery

If the first delivery attempt by the carrier is not made within the time limits indicated in the above points, the Buyer may choose from the following options:

1. Accept the late delivery of the order and claim from UpDog the shipping costs that you may have paid when placing the order, or

2. Cancel the order with the reimbursement of the amounts paid for the purchase.

The Buyer shall not be entitled to these options if the Web Site, before making the purchase, had clearly and expressly indicated that deliveries could be delayed.

8. Pricing Policy

The prices displayed on the Website are set by UpDog. Prices are shown in Euros. Before purchasing any of the selected products, the Website will display either the prices including VAT as the final price or broken down according to the taxable base and the taxes applicable at any given time

The transport and delivery costs of the products will be those indicated on the Website in each purchase process. These expenses will also appear with the V.A.T. included as the final price or broken down according to the taxable base and the taxes applicable at each moment.

The Web Site may include promotions and/or discount codes. Such circumstances will be reflected on screen, as well as any applicable conditions.

9. Acceptance of the General Conditions of Purchase

When the purchase is made entirely through the Web, the Buyer must read these Terms and Conditions and expressly accept them by clicking on the corresponding consent checkbox, which is unchecked by default.

In the event that there are special rules or restrictions affecting certain rates, discounts and/or products, such special rules or restrictions will be displayed on the screen before proceeding with the purchase of the product.

10. Withdrawal, exchanges and returns

UpDog guarantees the Purchaser the possibility to withdraw from his purchase made through the Website, for any reason whatsoever, and to return or exchange the products purchased, within fourteen calendar days following the day on which he received the last of the products ordered. To do so, the Buyer will have two options:

10.1. On-site withdrawal in UpDog’s physical stores

The Purchaser, within the time limit set out in the preceding paragraph, may take the product(s) subject to withdrawal, together with the invoice justifying their purchase, to UpDog’s physical store (see the addresses here ). Once there, UpDog staff will check the condition of the product(s) and that the product(s) is/are not included in the withdrawal exceptions. If the product(s) are in identical condition to those in which they were delivered, with all their original containers and packaging, and can be subject to withdrawal, UpDog will proceed – according to the Purchaser’s choice – to refund the amount paid for the product(s) purchased or to exchange them for others, subject to payment of any price difference that may exist.

10.2. Non-attendance withdrawal

The Purchaser may also withdraw from his purchase, within the time limit set out in the first paragraph of this section, by notifying UpDog, by writing to us at info@updog.es, of his decision to withdraw from the purchase by means of an unequivocal statement (e.g. a letter sent by post or e-mail). In order to meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right be sent before the expiry of the relevant deadline.

UpDog will reply to this email and will continue with the withdrawal process if the withdrawal has been communicated within the established deadline and provided that the product(s) subject to the withdrawal are not products included in the withdrawal exceptions.

Once UpDog replies to the Buyer’s email continuing with the withdrawal process, the Buyer may return the product(s) subject to the withdrawal by the method of his/her choice, at his/her own expense. In other words, the Buyer must send the products by his/her own means to UpDog’s physical store located at C/ Duque de Sesto 5, 28009, Madrid.

In order to facilitate the exercise of the right of withdrawal, UpDog offers to arrange for the collection of the product(s) subject to withdrawal, if expressly requested by the Purchaser and at the Purchaser’s expense. In this case, UpDog will have a transport company come to the address provided by the Purchaser in the communication to collect the product(s). Please note that this collection organized by UpDog will entail a cost for shipping costs that we will indicate beforehand and that will be deducted from the total amount of the return.

The goods subject to withdrawal must be returned in identical conditions to those in which they were delivered, with all their original containers and packaging. The Buyer must return the goods to UpDog within 14 calendar days of communicating his wish to withdraw from the contract. If these conditions are met, UpDog will proceed – according to the Buyer’s choice – to:

a. Refund to the Buyer, within 14 calendar days of the Buyer informing UpDog of his/her desire to withdraw, all payments received for the purchase of the product(s), if he/she chose to return the product(s). If the Buyer requested UpDog to collect the product(s) that are the subject of the withdrawal, UpDog will deduct the cost of collecting the product(s).

b. Exchange the products subject to withdrawal for others, after compensation of the price difference that may exist and collection costs, if applicable as provided above.

In the case of a partial return of an order of more than 59€ on which shipping costs were not initially charged, and the items finally purchased do not exceed the minimum of 59€, UpDog reserves the right to deduct the return shipping costs from the amount of the returned items.

10.3. Exceptions to withdrawal

There are some products to which the right of withdrawal does not apply. We refer to the legal exclusions of article 103 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

In particular, we would like to emphasize that, under this article, the Buyer may not withdraw from his purchase when the subject of the withdrawal are (i) sealed items that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, such as hygiene products; or (ii) items made to the specifications of the consumer and user or clearly personalized, such as name badges once engraved.

10.4. Warranties

In the event that the item purchased by the Buyer is found to be defective, we will proceed, as appropriate, to repair, replace, discount and/or terminate in accordance with the legal warranty.

If the Buyer contracts as a consumer and user, UpDog offers warranties on the products marketed through the Website, under the terms legally established for each type of product, and is therefore liable for any lack of conformity of the products that becomes apparent within a period of two years from delivery of the product.

The products are deemed to be in conformity with the contract provided that (i) they conform to the description provided by UpDog and possess the qualities presented on the Website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the usual quality and performance of a product of the same type which can be reasonably expected. In this regard, if any of the products are not in conformity with the contract, the Buyer must inform UpDog either by ordinary mail to the following address C/ Duque de Sesto 5, 28009, Madrid or by e-mail to info@updog.es.

In addition, in compliance with European regulations and with Article 40.5 of Law 7/2017 of 2 November 2017, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters, UpDog makes available to the Buyers of its Website the link to the European Union’s online dispute resolution platform: https://ec.europa.eu/consumers/odr. This platform was created by the European Commission with the aim of enabling businesses and online consumers to settle disputes out of court through it in a simple and transparent manner, without going to court.

UpDog also informs that in its store at C/ Duque de Sesto 5, 28009, Madrid there are complaint forms available to those Buyers who are considered consumers and users according to current legislation.

Products offered by UpDog, especially handcrafted products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, should not be considered defects or flaws. On the contrary, they should be expected and appreciated. UpDog only selects products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

11. Obligations of the parties

11.1. UpDog’s obligations

Under these Terms, UpDog agrees to:

a. Use its best efforts to carry out the necessary steps to ensure that the Buyer receives the order.

b. Provide all necessary documentation to receive the order.

c. Comply with any other obligations derived from the regulatory framework in force, contained in these Conditions or in any other conditions that may be applicable.

11.2. Buyer’s Obligations

By accepting these Conditions, Buyer agrees to:

a. Pay in due time and form the corresponding amounts, including fees, taxes and any other costs specified during the purchase process. Failure to pay will exempt UpDog from fulfilling its obligations.

b. Respond for the authenticity and accuracy of the data provided to make the purchase.

c. Assume the responsibility derived from not fulfilling the requirements demanded by UpDog to hold the condition of Buyer or from the non-possession of the documentation required to place the order.

d. To comply with any other obligations included in the present Conditions or in any other applicable conditions, such as the General Conditions of Use or the Particular Conditions of Registration, and to assume any responsibility derived from their non-compliance, leaving UpDog completely indemnified.

12. Exclusion of liability

UpDog shall in no event be liable for any damages that may be caused to the Purchaser by products purchased from the Purchaser due to causes attributable to the Purchaser.

By way of example and without limitation, UpDog shall not be liable for:

a. The usefulness to the Buyer and/or the suitability of the products purchased through the Web Site for the Buyer’s needs.

b. Personal injury or property damage caused as a result of the use of the products.

ac. Failure to fulfill obligations due to force majeure.

UpDog’s activity is limited to the execution of the material tasks necessary to deliver the products that the Buyer has selected and subsequently purchased. We are in no way responsible for the choice of products made by the Buyer.

UpDog states in the characteristics of each product its composition and care, it is the Buyer’s responsibility the lack of diligence in checking these specifications.

The liability assumed by UpDog vis-à-vis the Buyer shall in no case include loss of profit and shall in any case be limited, at most and for whatever reason, to the total amount received by UpDog from the Buyer in accordance with the stipulation on economic conditions of the present Conditions.

13. Indemnification

Failure by the Buyer to comply with these Conditions or any other applicable rules may result in damages for UpDog. In this respect, UpDog reserves the right to take appropriate legal action against the Buyer in order to claim the compensation it deems appropriate and thus compensate it for the damage caused to it.

14. Modifications

UpDog may at any time and without prior notice, update and/or modify the present conditions. However, the customer will always be aware of the conditions applicable to his purchase prior to contracting. These modifications will come into force as soon as they are published on the Website by any means and in any form.

Modification of these Conditions shall only affect Buyers who accept them after such modification.

15. General issues

15.1. Safeguarding and interpretation of these Conditions

These Terms and Conditions as accepted from time to time and any other terms and conditions that may apply to Buyer constitute the sole agreement between the parties.

In the event of any inconsistency between the provisions of these Terms and Conditions and any other terms and conditions entered into between the parties, the terms and conditions of these Terms and Conditions shall prevail over the provisions of these Terms and Conditions, unless otherwise expressly provided for in the terms and conditions of these Terms and Conditions.

The fact that any of the parties, due to impossibility or convenience, does not require strict compliance with any of the terms of these Conditions at any given time, does not imply nor can it be interpreted as a modification, in whole or in part, of the same, nor as a waiver on its part to require compliance in its strict terms in the future.

The declaration of nullity of one or more of the stipulations of the present Conditions by a competent authority shall not affect the validity of the remaining stipulations. In this case, the contracting parties undertake to negotiate a new stipulation in substitution of the annulled one with the greatest possible identity with the same. If the substitution becomes impossible and the stipulation is essential to the present Conditions, in the opinion of the party harmed by its elimination, it may opt for the termination of the Conditions.

Any reference made in these Conditions to an article or body of law that is repealed shall be understood to be made to the equivalent provision that replaces it.

15.2. Language

The language applicable to these Conditions is Spanish. If versions of these Conditions have been offered in other languages, it has been as a courtesy and for the convenience of the Buyer. The Buyer expressly accepts that these Conditions shall always be governed by the Spanish version.

If there is any contradiction between what is stated in the Spanish version of these General Conditions of Purchase and what is stated in any of its translations, in any case the Spanish version shall prevail.

15.3. Legislation and jurisdiction

The relationship between UpDog and the Buyer arising from the acceptance of these Conditions shall be governed by Spanish law and jurisdiction.

For the resolution of disputes or conflicts between UpDog and the Buyer who is considered a consumer and user in accordance with the applicable regulations on the matter, both will submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of the Buyer’s domicile.

In compliance with European regulations and with Article 40.5 of Law 7/2017 of 2 November, transposing Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law, UpDog makes available to Buyers on its Website the link to the European Union’s online dispute resolution platform: https://ec.europa.eu/consumers/odr. The European Commission has created this platform to enable businesses and online consumers to settle disputes out of court through it in a simple and transparent manner, without going to court.

In the event that the Buyer is not considered a consumer and user in accordance with the applicable regulations, the parties shall submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them, unless another jurisdiction is imperatively determined by law.