Terms and conditions

1. Purpose and seller identification

These General Terms and Conditions of Sale govern the purchase of the products marketed by LABORATORIO GEOMÉTRICO, S.L., trading under the commercial brand WINKLE, through the website www.winkle.shop, as well as through any other sales channel enabled by the company, including telephone support, email, WhatsApp or authorised sales representatives.

Seller identification details:

  • Company name: LABORATORIO GEOMÉTRICO, S.L.
  • Commercial brand: WINKLE
  • Tax ID (NIF): B-37575719
  • Registered address: C/ Segunda, nº 4, 37188 Carbajosa de la Sagrada (Salamanca), Spain
  • Email: info@winkle.shop
  • Telephone: +34 670 378 829
  • Website: www.winkle.shop

These General Conditions shall apply to all purchases made through the channels indicated above, unless the parties expressly agree on particular conditions, which shall prevail over these Conditions.

WINKLE's product offering is aimed at both consumers and users and companies and professionals. Consequently, the applicable legal regime will vary depending on the status of the buyer.

For the purposes of these Conditions, a consumer or user shall be understood as any person acting for purposes unrelated to their trade, business, craft or profession, in accordance with the regulations in force on consumer protection. In all other cases, the buyer shall be considered a company or professional, and the corresponding commercial and civil legislation shall apply, in addition to these General Conditions.

Each sales contract shall be governed by these General Conditions, by any particular conditions that may apply and by the Spanish legislation in force, including, among others, the Consolidated Text of the General Law for the Protection of Consumers and Users, Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), as well as any other applicable legal provision.

These General Conditions shall remain permanently accessible on the website and may be amended by WINKLE at any time. The version published and in force on the date the order is placed shall apply to each purchase.

Unless expressly stated otherwise, the contracting process may be carried out in the language in which these General Terms and Conditions of Sale are written.

2. Acceptance of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the contractual relationship between WINKLE and the Customer for all purchases made through the website www.winkle.shop or through any of the sales channels authorised by the company.

Placing an order implies full, express and unreserved acceptance of these General Terms and Conditions of Sale, as well as of the Privacy Policy, the Cookies Policy and any other particular conditions applicable to the order.

Before completing the purchase process, the Customer will have access to these General Conditions and must expressly accept their content. WINKLE recommends reading them before each purchase, as they may be amended at any time. In all cases, the version published and in force at the time the order is placed shall apply.

By placing an order, the Customer declares and warrants that:

  • They have sufficient legal capacity to enter into a contract.
  • They are over eighteen (18) years of age or, where acting on behalf of a legal entity, they have sufficient authority to bind it.
  • The information provided during the purchase process is truthful, accurate and complete.
  • They have read, understood and fully accept these General Terms and Conditions of Sale.

The prices applicable to each product shall be those published on the website at the time the order is placed. Unless expressly stated otherwise, all prices are shown in euros (€) and include the legally applicable taxes.

WINKLE may modify prices, promotions, discounts, commercial conditions or the product catalogue at any time. Such modifications shall not affect orders already confirmed by WINKLE, unless there is a material, typographical or manifest error in the price or in the product description.

All contents of the website, including, among others, texts, photographs, images, videos, designs, logos, trademarks, trade names, graphics, technical data sheets, documentation, software and any other element capable of protection, are owned by LABORATORIO GEOMÉTRICO, S.L. or by third parties who have authorised their use, and are protected by the regulations in force on intellectual and industrial property. Their reproduction, distribution, transformation, public communication or use, in whole or in part, without the prior written authorisation of the owner is prohibited.

WINKLE shall not be liable for delays or failures to perform arising from circumstances beyond its reasonable control that totally or partially prevent the fulfilment of its contractual obligations. Events of force majeure shall include, among others, strikes, labour disputes, fires, floods, earthquakes, pandemics, epidemics, governmental restrictions, wars, acts of terrorism, interruptions to energy supply, widespread failures in transport or communications networks, shortages of raw materials, serious breakdowns in production facilities or any other unforeseeable or unavoidable circumstance of a similar nature.

In such cases, WINKLE shall take all reasonably necessary measures to minimise their effects and shall resume the performance of its obligations as soon as the cause of the suspension ceases.

3. Placing orders

Orders may be placed through the website www.winkle.shop or through any of the sales channels authorised by WINKLE, including telephone support, email, WhatsApp or authorised sales representatives.

Placing an order constitutes an offer to purchase by the Customer, subject to acceptance by WINKLE. The automatic receipt of the order does not, in itself, constitute definitive acceptance of the order.

Once the order has been received, WINKLE will send the Customer, within a maximum period of forty-eight (48) business hours, an Order Confirmation by email or, where appropriate, through the communication channel used during the purchase. This confirmation shall evidence WINKLE's acceptance of the order and the formalisation of the sales contract.

In those cases where the applicable regulations establish the loss of the right of withdrawal, this circumstance shall be expressly communicated to the Customer before the contract is formalised.

Product availability

All orders are subject to product availability.

If, once an order has been confirmed, any of the products cannot be supplied due to supervening causes, WINKLE will inform the Customer as soon as possible by email, telephone call or WhatsApp, offering one of the following alternatives:

  • Replacement with an equivalent product, where possible and accepted by the Customer.
  • Modification of the order.
  • Full refund of the amount corresponding to the unavailable product.

Under no circumstances will a charge be made for products that ultimately cannot be supplied.

Modification and cancellation of orders

The Customer may request the modification or cancellation of an order provided that it has not entered the preparation or dispatch stage.

As a general rule, no modifications may be made once the order shows the status "Shipped", at which point the goods will have been handed over to the carrier for distribution.

Notwithstanding the above, WINKLE may address exceptional requests where, for operational reasons, this is materially possible, without any obligation to accept them.

The modification of an order may result in an update of the total amount, including, where applicable:

  • The addition or removal of products;
  • Modification of the applicable promotions;
  • Recalculation of shipping costs based on the final order amount and the delivery destination.

Price and acceptance of the order

The total price of the order shall be the one shown to the Customer immediately before completing the purchase process.

For purchases made through the website, the Customer expressly accepts this amount by pressing the "Pay" button or any equivalent button.

For orders placed by telephone, email, WhatsApp or through an authorised sales representative, the Customer accepts the amount by express confirmation through the communication channel used.

The prices published on the website may be modified at any time. However, such modifications shall not affect orders previously accepted and confirmed by WINKLE, unless there is a manifest, typographical or material error in the price or in the product information.

Unless expressly stated otherwise, all published prices include the taxes legally applicable in Spain.

Orders shipped outside Spanish territory may be subject to taxes, duties, import charges or customs costs, which shall be borne by the Customer, unless expressly stated otherwise during the purchase process.

4. Payment methods

WINKLE makes various secure payment methods available to the Customer to facilitate the purchase of its products. The available payment methods may vary depending on the country of destination, the order amount or the characteristics of the purchase.

The Customer warrants that they are authorised to use the selected payment method and that the data provided during the purchase process is truthful, complete and up to date.

The charge corresponding to the order may be made at the time of confirmation of the purchase or at the time the order is accepted by WINKLE, depending on the payment method selected.

Payments are processed through secure payment platforms managed by specialised providers. WINKLE does not have access to and does not store the complete details of the bank cards or payment credentials used by the Customer.

The payment methods currently available are as follows:

Credit or debit card

The main credit and debit cards are accepted (Visa, Mastercard and those enabled at any given time by the payment gateway).

Payment is made through the secure Redsys platform, using encryption protocols that guarantee the confidentiality and security of the transaction.

PayPal

The Customer may pay using their PayPal account, with the platform itself fully managing the payment transaction in accordance with its terms of use and security policies.

Bizum

The Customer may pay via Bizum, following the instructions provided during the purchase process. The transaction is carried out immediately and securely through the corresponding banking institution.

Payment incidents

WINKLE reserves the right to suspend the processing of an order where there are reasonable indications of fraud, unauthorised use of the payment method, errors in the transaction, or where the financial institution rejects the transaction.

In such cases, WINKLE may request from the Customer the information strictly necessary to verify the identity of the order holder and guarantee the security of the transaction, at all times complying with the regulations in force on data protection.

Until payment has been correctly authorised or confirmed, WINKLE may keep the order on hold, with no obligation to proceed with its manufacture, preparation or shipment.

Invoices corresponding to the purchases made shall be available in accordance with the applicable tax regulations and may be provided to the Customer in electronic format.

5. Delivery of products

5.1. Geographical delivery scope

WINKLE ships both within Spain and to international destinations. The countries available for shipment may vary depending on the applicable regulations, logistical restrictions or the availability of transport services.

Should an order not be able to be shipped to the requested destination, WINKLE will inform the Customer as soon as possible and will proceed, where applicable, to the full refund of the amounts paid.

5.2. Delivery times

The delivery times indicated during the purchase process are for guidance only and are calculated on the basis of product availability, the shipping destination and the transport service selected.

Orders received on Saturdays, Sundays or public holidays shall be deemed registered on the next business day.

WINKLE will take all reasonable measures to meet the indicated delivery times, although it shall not be liable for delays attributable to the transport company, customs authorities, force majeure circumstances or any other cause beyond its reasonable control.

5.3. Product availability

All orders are subject to stock availability.

Where a product is shown as available on the website, WINKLE will endeavour to keep this information permanently updated. However, exceptional incidents may occur due to inventory, manufacturing or system synchronisation errors.

If any of the requested products cannot be supplied, WINKLE will inform the Customer as soon as possible, offering the following alternatives:

  • Replacement with an equivalent product, subject to the Customer's acceptance;
  • Modification of the order;
  • Full refund of the amount corresponding to the unavailable product.

5.4. Cancellation of the order by WINKLE

WINKLE may cancel an order in whole or in part before its dispatch where any of the following circumstances arise:

  • Impossibility of shipping to the indicated destination;
  • Lack of product availability;
  • Manifest errors in the price or in the product description;
  • Well-founded suspicion of fraud or unlawful use of the payment method;
  • Incomplete, incorrect or insufficient shipping details;
  • Impossibility of confirming payment;
  • Any other circumstance that reasonably prevents the correct performance of the contract.

In such cases, the Customer shall be informed without delay and, where appropriate, the amounts paid shall be refunded.

5.5. Shipping costs

Shipping costs are calculated automatically during the purchase process based on weight, volume, destination and the shipping method selected.

Free shipping promotions are subject to the conditions published by WINKLE at any given time.

International shipments may incur taxes, duties, customs clearance charges or other costs imposed by the authorities of the country of destination, which shall be borne exclusively by the Customer, unless expressly stated otherwise.

5.6. Retention of title

Ownership of the products supplied shall remain with LABORATORIO GEOMÉTRICO, S.L. at all times until full payment of the price, taxes, interest and any other amounts arising from the sale.

5.7. Transfer of risk

In sales made to consumers, the risk of loss or damage to the products shall transfer at the time the Customer, or a third party designated by them, takes physical possession of the goods.

In sales made to companies or professionals, the risk shall transfer in accordance with the applicable commercial legislation or the Incoterm expressly agreed between the parties, where applicable.

WINKLE shall not be liable for damage arising from improper use, incorrect handling, inadequate storage or use of the product for purposes other than those for which it was designed.

5.8. Receipt of the goods

The Customer must check the condition of the shipment at the time of delivery.

If the packaging shows visible damage, the Customer must expressly record this on the carrier's delivery note or electronic device before accepting delivery and must report the incident to WINKLE as soon as possible.

Where the damage is not externally visible and is detected after opening the package, the Customer must report the incident to WINKLE within a maximum period of forty-eight (48) hours from receipt, enclosing photographs of the packaging, the damaged product and the shipping label, in order to facilitate the corresponding claim against the carrier.

Retaining the original packaging until the incident is resolved may be necessary for the correct processing of the claim.

5.9. Delivery schedules

Deliveries shall be made in accordance with the routes and schedules established by the transport company.

WINKLE cannot guarantee a specific delivery time slot, unless a specific service providing for this has been expressly contracted.

6. Refusal of delivery

Where an order is refused by the Customer or delivery proves impossible for reasons not attributable to WINKLE or to the transport company, WINKLE may pass on to the Customer the costs actually incurred for the shipment, the return of the goods and, where applicable, the associated handling costs.

Causes not attributable to WINKLE shall include, among others:

  • Unjustified refusal of the goods by the Customer;
  • Repeated absence of the recipient at the place of delivery;
  • Failure to collect the order within the period established by the carrier or the collection point;
  • Provision of an incorrect, incomplete or erroneous delivery address;
  • Any other circumstance attributable to the Customer that prevents the correct delivery of the order.

In these cases, WINKLE may deduct the shipping, return and handling costs from the amount to be refunded, or claim them from the Customer where appropriate.

The foregoing shall not apply where the refusal of the goods is due to causes attributable to WINKLE, such as the shipment of an incorrect, defective or damaged product, or any other breach attributable to the company.

7. Right of withdrawal

In accordance with the regulations in force on the protection of consumers and users, a Customer who qualifies as a consumer shall have a period of fourteen (14) calendar days from receipt of the products to withdraw from the contract, without having to justify their decision and without incurring any penalty, except for the costs expressly provided for by the applicable legislation.

The right of withdrawal shall not apply to purchases made by companies or professionals acting within the scope of their business or professional activity.

7.1. Exercising the right of withdrawal

To exercise the right of withdrawal, the Customer must communicate their decision to WINKLE before the end of the indicated period, by any of the following means:

  • Email addressed to info@winkle.shop;
  • Withdrawal form available on the website;
  • Any other unequivocal statement expressing their wish to withdraw from the contract.

WINKLE will make a model withdrawal form available to the Customer, the use of which is optional.

7.2. Return of the products

Once withdrawal has been communicated, the Customer must return the products without undue delay and, in any event, within a maximum period of fourteen (14) calendar days from the communication.

The products must be returned, wherever possible:

  • With all their accessories and documentation;
  • In a condition that allows their nature, characteristics and functioning to be verified;
  • Preferably in their original packaging.

The Customer shall be liable only for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics or functioning.

In the case of the filaments marketed by WINKLE, it is recommended that the original protective packaging (doypack or equivalent packaging) be kept in order to facilitate their correct preservation and transport during the return. The absence or deterioration of the packaging shall not automatically prevent the exercise of the right of withdrawal, although it may be taken into account when assessing any depreciation of the product where applicable under the relevant regulations.

7.3. Refund

Once the products have been received or their return has been sufficiently evidenced, WINKLE will refund the amounts paid using the same payment method used by the Customer, unless both parties expressly agree otherwise.

The refund will be made within a maximum period of fourteen (14) calendar days, without prejudice to WINKLE's right to withhold it until it has received the products or until the Customer provides sufficient proof of their return, whichever occurs first.

7.4. Exceptions to the right of withdrawal

In accordance with Article 103 of the Consolidated Text of the General Law for the Protection of Consumers and Users, the right of withdrawal shall not apply, among other cases, to:

  • Products made to the Customer's specifications or clearly personalised;
  • Products manufactured expressly to order where, by their nature, they cannot be supplied to another customer;
  • Any other cases provided for by law.

8. Legal warranty and non-conforming products

8.1. Legal warranty

All products marketed by WINKLE comply with the Spanish and European regulations in force on product safety and consumer protection.

Sales made to consumers shall be subject to the legal warranty regime provided for in the Consolidated Text of the General Law for the Protection of Consumers and Users and any other applicable regulations.

Sales made to companies or professionals shall be governed by these General Conditions, by the particular agreements entered into between the parties and by the applicable commercial and civil legislation.

8.2. Scope of the warranty

The warranty covers exclusively any lack of conformity and manufacturing defects existing at the time of delivery of the product.

As a general rule, the warranty is 3 years for private consumers and 6 months for professionals and companies that incorporate the products into a production process, that is, business or professional activities.

The warranty shall not cover, among other cases:

  • Wear and tear resulting from normal use.
  • Use of the product other than as intended.
  • Inadequate storage.
  • Absorption of moisture due to incorrect preservation.
  • Incorrect printer configuration.
  • Inadequate printing parameters.
  • Use of nozzles, extruders or equipment in poor condition.
  • Modifications carried out by third parties.
  • Damage caused by accidents, impacts, improper handling or negligence.
  • Damage resulting from failure to follow the technical recommendations provided by WINKLE.

8.3. Reporting incidents

The Customer must report any possible lack of conformity as soon as they become aware of it.

The notification must be made by email to info@winkle.shop, stating at least:

  • Order or invoice number;
  • Product reference;
  • Detailed description of the incident;
  • Photographs or videos where necessary to facilitate its assessment.

WINKLE may request additional information or the return of the product in order to verify the incident before reaching a decision.

8.4. Remedying the lack of conformity

Where the existence of a lack of conformity covered by the warranty is confirmed, WINKLE will apply the measures provided for by the legislation in force, which may consist, as appropriate, of:

  • Replacement.
  • Price reduction.
  • Termination of the contract.

The applicable measure shall be determined in accordance with the regulations in force and taking into account the specific circumstances of each case.

8.5. Products manufactured by WINKLE

Due to the technical characteristics of materials intended for 3D printing, the final performance of the product will depend, among other factors, on the equipment used, the print settings, the condition of the printer, the environmental conditions and the storage of the material.

Therefore, WINKLE's warranty is limited to the conformity of the filament supplied and does not extend to the results obtained during the printing process or to the parts manufactured by the Customer, unless such results are a direct consequence of a manufacturing defect in the filament itself.

8.6. Product preservation

In order to guarantee the performance of the filament, WINKLE recommends storing the products in accordance with the instructions set out in the corresponding technical data sheet.

Damage resulting from inadequate preservation, prolonged exposure to humidity, high temperatures or other environmental conditions incompatible with the recommended storage shall not be covered by the warranty.

9. Customer service, returns and complaints

9.1. Customer service

For any query, incident, complaint or request relating to the products marketed by WINKLE, the Customer may contact our Customer Service department through the following means:

  • Email: info@winkle.shop
  • Telephone: +34 670 378 829
  • Postal address: LABORATORIO GEOMÉTRICO, S.L., C/ Segunda nº 4, 37188 Carbajosa de la Sagrada (Salamanca), Spain.

Where the purchase was made through an authorised sales representative, the Customer may also handle the incident directly with that representative.

9.2. Return procedure

Before making any return, the Customer must first report the incident to WINKLE, stating at least:

  • Order or invoice number;
  • Identification of the product;
  • Reason for the return;
  • Photographs where necessary to assess the incident.

WINKLE will respond as soon as possible, providing instructions for processing the return.

Products should not be sent without prior authorisation, unless the applicable legislation provides otherwise.

9.3. Preparing the shipment

The products must be returned, wherever possible:

  • Complete;
  • Properly protected;
  • Preferably in their original packaging;
  • Accompanied by the invoice or proof of purchase.

Where the Customer arranges transport directly, they must clearly identify the order number on the outside of the shipment.

Adhesive labels, tape or writing must not be placed directly on the product or its commercial packaging.

9.4. Return costs

Unless the return is due to a lack of conformity of the product, an error attributable to WINKLE or any other case in which the legislation provides otherwise, the return costs shall be borne by the Customer.

The Customer may arrange transport by their own means or ask WINKLE to organise the collection. In the latter case, the corresponding cost will be communicated in advance and may be deducted from the amount to be refunded.

9.5. Refund

Once the products have been received and verified as meeting the applicable return conditions, WINKLE will issue the refund using the same payment method used for the purchase, unless expressly agreed otherwise.

Where a refund is due, it will be made within the legally established time limits.

If the order benefited from a free shipping promotion and the return is not attributable to WINKLE, the shipping costs initially borne by WINKLE may be deducted from the amount to be refunded, provided that the applicable regulations so permit.

Taxes, duties, import charges or customs clearance costs paid to the authorities of the country of destination shall not be refunded by WINKLE.

9.6. Product exchanges

Unless WINKLE expressly establishes another commercial policy, product exchanges shall be processed by returning the product originally purchased and placing a new order.

9.7. International shipments

Where an international order is returned for reasons attributable to the Customer, including refusal to pay taxes, duties, import charges or customs clearance costs required by the competent authorities, WINKLE may deduct such amounts from the corresponding refund or claim them from the Customer where the order amount is insufficient to cover them.

9.8. Errors in returns

If the Customer mistakenly sends a product other than the one purchased from WINKLE, they must notify Customer Service immediately.

WINKLE assumes no obligation to store products sent by mistake indefinitely, nor does it guarantee their return where it is not possible to identify their owner or where reasonable periods have elapsed without the Customer requesting their recovery.

10. Security in communications

WINKLE adopts reasonable technical and organisational measures to guarantee the security of the transactions carried out through its website and to protect the information provided by its customers.

Nevertheless, the Customer must adopt the usual security measures to protect their access credentials and personal data.

WINKLE will never request access passwords, verification codes, complete bank card details or any other confidential information relating to the Customer's payment methods by email, telephone, instant messaging or any other means.

Should the Customer receive suspicious communications appearing to come from WINKLE, or detect any attempted fraud, they must refrain from providing personal information and report it as soon as possible to the email address info@winkle.shop.

Payments made through the website are managed via secure payment platforms provided by specialised third parties. WINKLE does not store the complete details of the bank cards used during the purchase process.

11. Data protection and official complaint forms

11.1. Personal data protection

LABORATORIO GEOMÉTRICO, S.L. (WINKLE) will process the personal data provided by the Customer in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), as well as any other applicable regulations.

Personal data will be processed for the purposes of managing the contractual relationship, processing orders, providing customer service, handling incidents, complying with legal obligations and, where appropriate, responding to requests submitted by users.

The data controller is:

  • Company name: LABORATORIO GEOMÉTRICO, S.L.
  • Tax ID (NIF): B-37575719
  • Address: C/ Segunda nº 4, 37188 Carbajosa de la Sagrada (Salamanca)
  • Email: info@winkle.shop

Complete information regarding the processing of personal data, the exercise of rights and all other matters required by the regulations in force can be found in the corresponding Privacy Policy, permanently available on the website.

In order to guarantee service quality, the security of communications and the correct handling of incidents, telephone calls made to Customer Service may be recorded, with notice given where legally required.

11.2. Official complaint forms

WINKLE has official complaint forms available to consumers, in accordance with the regulations in force.

Consumers may request them by email addressed to legal@grupoecotisa.com or at the registered address of LABORATORIO GEOMÉTRICO, S.L.

They may also submit their complaints to the competent consumer authorities in accordance with the procedure established by the relevant Administration.

Where the Customer submits an official complaint form to the competent authorities, it is recommended that they simultaneously send a copy to legal@grupoecotisa.com, in order to facilitate the handling and resolution of the incident.

12. Applicable law and dispute resolution

These General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Spanish law.

12.1. Out-of-court dispute resolution

Where the Customer qualifies as a consumer, they may resort to the out-of-court dispute resolution systems provided for by the regulations in force.

WINKLE's adherence to the Consumer Arbitration System shall take place only where expressly indicated or where both parties expressly accept it for the resolution of a specific dispute.

The use of any out-of-court dispute resolution procedure shall at all times comply with the applicable regulations on consumer protection.

12.2. Jurisdiction

Where the Customer qualifies as a consumer, jurisdiction shall be determined in accordance with the regulations in force on the protection of consumers and users.

In contractual relationships entered into with companies or professionals, and unless a mandatory rule provides otherwise, the parties, expressly waiving any other jurisdiction to which they may be entitled, submit to the exclusive jurisdiction of the Courts and Tribunals of Salamanca (Spain).

The foregoing is without prejudice to WINKLE's right to bring any legal actions to which it may be entitled before any other legally competent jurisdiction where appropriate.

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