Terms and Conditions

This website, www.wefanapp.com, as well as all its subdomains and all its content, including the services provided, belongs to 21 BUTTONS APP, S.L. (hereinafter, 21 BUTTONS or WEFAN, commercial name of the product and web owned by the company), with Tax number ESB66597444 and registered office at Avenida Diagonal 444, 4th floor, 08037 Barcelona). Registered in the Commercial Registry of Barcelona under Volume: 44972, Folio: 194, Sheet: B-472897, 1st Inscription. Contact email: hello@wefanapp.com The present Terms and Conditions (TCs) are valid from the 15th of May of 2020 and will apply to the products acquired at the time that these conditions were available, with all provisions herein remaining in force until further notice of modification, update or termination is made to the users by the appropriate means. These TCs refer to the booking, purchase and provision of services by WEFAN. The person who acquires any of the services provided through the website www.wefanapp.com or any of its subdomains or its app is considered a Customer and will be subject to the rights and obligations included herein. The Customer may or may not be the final Beneficiary of the service, depending on whether he/she makes personal use of the service or buys it as a gift for a third party. In those cases where the person using the services is not the Customer who made the purchase, we will refer to him/her as Beneficiary. In addition, any person making use of the services, independently of whether they are Customer or just a Beneficiary, will be referred to as User. The Customer who makes a purchase through the website, any of its subdomains or the app must be of legal age (at least 18 years old) and have the legal capacity to acquire the services and/or products offered through www.wefanapp.com, meaning that he or she understands the general conditions in their entirety. In accordance with the provisions of Article 27 of Law 34/2002, of 11 July, on Information Services and Ecommerce (“Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico”), 21 Buttons states that: 1. All documentation related to the conclusion of contracts shall be kept on file for at least five years from the date the contract is sealed. 2. The Customer may access the documents to which he is a party by sending a request to the following e-mail address: hello@wefanapp.com The acceptance of these TCs by the Customer shall be a necessary prerequisite for any contractual relationship between the Customer and WEFAN WEFAN reserves the right to make any changes it deems appropriate to the website and these TCs without prior notice. The changes that affect any of the essential elements of the contract conditions, will not be applicable to the contracts already sealed unless the Customer expressly accepts the modifications introduced.

DEFINITIONS

WEFAN: Accessible from www.wefanapp.com, it is the platform through which the user orders a personalized video from one or more of the creators available therein. TCs: Terms and Conditions which are included in the present contract and that are applicable, without any restriction or limitation, to all the Services provided by WEFAN. User Account: Basic services (Profile, Email) that allow the User to have an identity on the Web Platform and to access his/her profile and the services offered by the former. Services: Set of services, paid or free, available to Users of the Web Platform. Web Platform: Application in Web environment www.wefanapp.com with name WEFAN User: Internet user of legal age and older than 18 years old, who will consume the purchased content (whether s/he was the Customer or third party Beneficiary). Creator: Refers to the content provider, selected by the User or Customer, who generates the purchased content and therefore provides the final service (the personalized video). Beneficiary: Designates the person who will benefit from the personalized video made by the creator. Party(ies): refers to both WEFAN and the Customer. NOTE: THESE are the general terms and conditions; the user agrees to read AND ACCEPT the specific conditions indicated in the contracting process.

Clause 1: Object and formation of the contract

The Web/App is a site for Users only, its aim being to provide users with information about products and services offered by WEFAN (personalised videos by the creators). In this Web/App environment you will be able to check the list of available creators from whom you can order a personalized video. Users who have not accepted the TCs and completed the information indicated in the Web/App will not be able to continue the process and to eventually make an order and purchase the desired content. The language of this contract is English. If there were differences in interpretation between the English version and the Spanish version, the Spanish version will prevail over the English version. All data that may be gathered during the contractual process, including these TCs, are stored by WEFAN. The data that will be requested by the Web/App will be basic identification data, such as first and last name, e-mail address, and access password. During the purchase process, data regarding the Customer’s preferences will be collected in order to ensure the appropriate personalization of the video, including, but not limited to: occasion, description and recipient; as well as economic data, depending on the method of payment chosen. The e-mail address and telephone number will also be requested with the aim of sending the products.

Clause 2: Conditions to access the Services

2.1. Requirements to become a customer/user

To become a Web/App User, it is necessary:
  • To be over 18 years old or be a minor with previous authorization from a parent or legal guardian and
  • To have read and accepted the TCs
The User guarantees the authenticity and veracity of the information provided and agrees to keep it updated. WEFAN does not have the technical and/or legal means to verify the accuracy of the alleged identity of the Users and is not responsible for the accuracy or inaccuracy of such information. However, in the event that there are doubts about the accuracy of the information provided by the User, or in the event that third parties or other Users communicate information that leads to believe that there is a misuse of identity or falsehood in the information provided by a User about his identity, WEFAN may
  • Deny the user the contracting of the services
  • Ask the User in question for a photocopy of his current national identity card which is in force at such time.
If the User does not send this document within 8 days from the notice, or if it is found that there has been a misuse of identity or that false information has been given that could cause damage to third parties, the User will be considered to have violated the TCs and his contract may be terminated in accordance with Clause 9 of the TCs.

2.2. Order form / mandatory information

The User will have to mandatorily communicate the following information during the purchase process:
  • Name of the person to whom the order is addressed
  • Name of person placing the order (if applicable)
  • Occasion for which the service is commissioned
  • Other relevant information and details around the order
  • Email address
  • Valid ID number (passport, driving license, or European ID), as well as postal address (in the case of requesting an invoice)
  • Bank details (which will be collected and stored by the Stripe platform)

Clause 3: Pricings

3.1. Conditions for the Users of the Web/App

WEFAN offers its Customers a service by which the creator they choose will create a personalised video that will be sent to them by email within a maximum of 7 days. The Customers only acquire this service by means of a unique payment for the value indicated in the Web/App, as it is indicated in the following section.

3.2. Fees and means of payment

The paid services will be duly indicated on the Web/App, always informing the user of the prices before contracting. The prices indicated on the Web/App include shipping and VAT.
3.2.1 Purchase through the Web/App
The contract is sealed as soon as the Customer presses the “BOOK NOW” button, understanding that the follow-up of all the phases of the electronic contract procedure and the inclusion of all the requested data suppose, together with the final express acceptance of the present conditions, a clear and direct manifestation of the will of the final Customer to accept the present contract and Terms and Conditions established by WEFAN. WEFAN, being a service provider of Information Services, will store in a durable support the electronic document in which the present contract is formalized. This electronic document will be accessible by the user through the link that will be provided in the confirmation e-mail, which can be printed. After providing the video personalization data (described in clause 2.2) and the e-mail as a delivery method, the user must provide his/her credit card information - only VISA or MasterCard will be accepted - to proceed with the payment through the Stripe payment solution (https://stripe.com/es/privacy). When the order is created, the funds required to secure payment will be withheld until the final delivery of the product (the video). The right to collect these funds (payment) will be exercised as soon as the ordered video has been completed.

Clause 4: Duration

The maximum duration for which funds will be withheld is 7 days. After this time and once the content has been produced, WEFAN will be able to exercise its right to collect the amount due. WEFAN may terminate all contracts without having to justify its decision as long as it notifies the User.

4.1 Delivery of the content

The personalized video will be delivered within 7 days from the moment the user orders a video and the contract is sealed, without there being an exact delivery date. The product will be sent to the e-mail address provided by the user at the time of purchase. WEFAN does not assume any responsibility in case of error in the introduction of the e-mail address or in case of not receiving the e-mail confirmation of the order. WEFAN reserves the option to cancel the order in case of there being issues or problems with the creators or in case of payment failures or fraud, either completed or attempted, related to the use of the WEFAN website/app (including a fraud committed during a previous contract). If the cancellation of the order is due to causes attributable to WEFAN, the user will be refunded, without the user being able to claim any type of responsibility for damages derived from the non execution of the service.

4.2. Return policy

As this is a service where a custom video is ordered, no returns will be accepted.

Clause 5: Obligations and Responsibilities of the Users

5.1. Obligations of the Users

When purchasing the Services offered by WEFAN, the User agrees to:
  • Make truthful and accurate statements.
  • Comply with the regulations in force and not to infringe public order.
  • Respect the rights of intellectual or industrial property.
  • Not transmit or disseminate the content of communications and messages that have been sent through the Services available.

5.2. Responsibilities of the Users

The Users are the sole responsible party for the use of the data they consult, request or communicate on the Web/App. The Users agree to hold WEFAN harmless and, if applicable, compensate WEFAN for any sanction, fine, indemnification, damage or prejudice derived from any claim of the type or nature that could be derived, directly or indirectly, from the breach of legal and/or contractual obligations derived from the TCs and attributable to the User. WEFAN does not control the external sites and sources (web pages, forums, etc.) towards which the hypertext links put online by the Users on the Web/App and is not responsible for their content. In this regard, Users are invited to discontinue their browsing and advise WEFAN if a hypertext link is found to direct them to an external site or source whose title or content violates the law. WEFAN's failure to disclose a breach by users of the TCs cannot be construed as a waiver by users of their right to disclose such a breach in the future.

Clause 6: Obligations and Responsibilities of the WEFAN

6.1. Obligations of WEFAN

WEFAN agrees to offer an online Service to the Users which complies with current legislations.

6.2. Responsibilities of WEFAN

WEFAN is not responsible for any cases of fraud, identity theft or other criminal offences or attacks on the image or privacy of third parties committed by users through the Web/App. In general, WEFAN is not responsible for any information or misinformation given by the users, nor for its truthfulness, authenticity or accuracy, given directly or through other means. WEFAN may keep any type of content related to possible legal infringements, especially to communicate it to the competent authorities. Likewise, it will keep the data of the users who unsubscribe complying with the current regulations on personal data protection or any other applicable regulation. The user whon deletes his/her profile and wants all his/her data to be completely deleted must explicitly communicate it to WEFAN. WEFAN does not guarantee that the Services will work in case of interruption of the user's access to the Internet or in case of non-functioning or bad conditions of access caused by the poor connection or saturation of the Internet network as well as by any other reason of force majeure, not attributable to WEFAN or its providers.

6.3 Exclusion of guarantees to the Users for the quality and execution of the agreed works by the creators

WEFAN will not be responsible, in any case, for the fulfillment of the obligations of the Creator and for the quality of the work and content produced, independently of whether it met the User’s expectations, exempting expressly the user and the creator to WEFAN of any disagreement that could arise between both. It is the exclusive responsibility of the user to verify the suitability of the services offered by the Creator, and that they are adapted to the needs of the user. In no case will WEFAN control or intervene in the execution of the videos by the Creator, nor in the suitability, quality or result of the same, reason for which WEFAN denies, to the full extent permitted by law, any responsibility for damages of any kind that may be due to the execution or result of the work entrusted to the Creator, and the User expressly exempts WEFAN from any discrepancy, liability, damage, harm or impairment as a result of the contracting or work carried out by the Creator.

Clause 7: Intellectual Property

7.1. Rights of WEFAN

The logos, graphics, photographs, animations, videos and texts that appear in the Web/App, application, desktop programs, material used for communication or marketing as well as all those elements necessary for the operation of the Web/App - architecture, design, code pages, CSS pages and any other element -, cannot be reproduced, used or represented, in any support and by any technical means without the express authorization of WEFAN; otherwise the appropriate legal actions will be initiated. The rights of use granted by WEFAN to the users are strictly limited to their private and personal use within the framework of the contract signed and during its entire duration. Any other use by the Users is strictly forbidden without the authorization of WEFAN. Users are strictly forbidden to modify, copy, reproduce, download, disseminate, transmit, exploit for commercial purposes and/or distribute in any way the Services, the Web pages or applications or the computer codes of the elements that make up the Services, the Web and applications. The contents of WEFAN are protected by the RDL 1/1996, of April 12, by which the Revised Text of the Law of Intellectual Property is approved and by the Law 23/2006, of July 7. Infringers of the rights recognized in favor of their owners or beneficiaries may be sued in accordance with Articles 138 to 141 of the Law and may be punished with the penalties indicated in Articles 270, 271 and 272 of the Penal Code. Total or partial reproduction by any means is prohibited.

Clause 8: Data Protection

8.1 Every user has the right to access, rectify, transfer, forget and delete his/her personal data by contacting WEFAN at the following e-mail address: hello@wefanapp.com

By accepting the contents of these TCs, the user gives WEFAN express consent to process the personal data provided. The personal data obtained will be used exclusively by WEFAN within the framework of this contract. Users who accept these general terms and conditions may receive commercial and advertising offers from WEFAN and third parties. Users may notify WEFAN at any time that they no longer wish to receive such commercial and advertising offers through the system offered by WEFAN to unsubscribe, which will always be easy, accessible and free of charge. In order to communicate to third parties the personal data of the users, WEFAN will ask, previously, for their express consent. You can consult our privacy policy in the following link: Privacy Policy (LINK).

8.2 Personal data collected by WEFAN

When registering on the WEB PLATFORM to make purchases, the User must communicate a series of information in accordance with clause 2.2 of the TCs. Such personal data may be of a public or private nature. The following shall be considered as private personal data and, therefore, as protected data The following information must be provided by the User:
  • Name of the person to whom the order is addressed
  • Name of person placing the order (if applicable)
  • Occasion for which the service is commissioned
  • Other relevant information and details around the order
  • Email address
  • Valid ID number (passport, driving license, or European ID), as well as postal address (in the case of requesting an invoice)
  • Bank details (which will be collected and stored by the Stripe platform)
At any time you can exercise your rights of access, rectification, portability, deletion, opposition and, where appropriate, cancellation, by writing to WEFAN at hello@wefanapp.com

8.3 Communications and Notifications

Any communication submitted will be incorporated into WEFAN's information systems. By accepting these conditions, terms and policies and, in particular, by sending the User's personal data to WEFAN, the User expressly consents to WEFAN carrying out the following activities and/or actions, unless the User indicates otherwise when contracting or subscribing to any WEFAN product and/or service or as a result of a subsequent revocation of the consent initially given.
  • Sending of commercial and/or promotional communications informing the Users of the activities, gifts, services, promotions, publicity, news, offers and other information about the services and products related to the activity and provision of services of WEFAN.
  • In the event that the User has expressly consented to sending of commercial communications by electronic means by subscribing to the NEWSLETTER, the sending of said communications by electronic means informing the Users of the activities, services, promotions, publicity, news, offers and other information about WEFAN's services and products that are the same or similar to those that were initially contracted or of interest to the User.
  • The conservation of the data during the periods of time foreseen in the applicable provisions.

Clause 9: Modification of the Terms and Conditions

WEFAN reserves the right to modify, at any time and without prior notice, these Terms and Conditions in order to adapt them to new legislation or jurisprudence as well as to modifications or practices in the economy or the sector, taking into account at all times the legitimate interests of the Users. The User must periodically consult these conditions, terms and policies in order to check or ensure the existence of modifications or changes to them, taking as a reference the date of the last update. This is without prejudice to the non-affectation of changes to contracts already signed. It should be noted that certain products offered to Users may contain their own particular contract conditions which, where appropriate, replace, modify and/or complement the Terms and Conditions, in which case it is also necessary to read and accept them beforehand.

Clause 10: Applicable Law

According to article 23 of Law 34/2002, of 11 July, contracts concluded by electronic means such as this one will be fully effective and provided for by the legal system, provided that the consent and other requirements for their validity are met. These terms and conditions are available to all WEFAN customers free of charge. Access to the contract process is completely free of charge, without any additional costs associated with it, apart from those incurred by the Client's own Internet connection.

Clause 11: Jurisdiction

Any dispute in relation to the GCS will be dealt with by the Courts of Barcelona.

Clause 12: Partial Nullity

If any clause of the GCS is declared null and void by application of a law or regulation or by any competent authority, the said provision or clause shall be deemed not to have been made, and the contract shall continue in full force between the parties with respect to the other clauses, and shall be interpreted in accordance with the contractual intent expressed by the parties herein.