VIWA Barcelona

Terms & Conditions

These General Terms and Conditions of Sale (the “Terms”) govern the sale of products by VIWA through viwabarcelona.com.

1. Company details (Legal notice)

In accordance with Spanish Law 34/2002 (LSSI-CE), the owner of viwabarcelona.com is:

Owner: VIWA Barcelona S.L.U. (“VIWA”)
Represented by: Frank Walkowiak, Sole Director (Administrador Único)
Tax ID (NIF/CIF): B27646199
EU VAT ID (Número de operador intracomunitario): ESB27646199
Registered office: Passeig de Gràcia 19, 08007 Barcelona, Spain
Registry details: registered at the Mercantile Registry of Barcelona, Sheet B-656169, Volume/I.R.U.S. 1000472686476, Folio 1, Entry 1
European Unique Identifier (EUID): ES08005.000747720
Email: care@viwabarcelona.com
Website: viwabarcelona.com

2. Purpose

These Terms regulate the sale of the products offered by VIWA through the website (the “Website”), as well as the rights and obligations of VIWA and the customer.

3. Acceptance

Placing an order through the Website implies the reading, understanding and express acceptance, without reservation, of these Terms, as well as of the Privacy Policy and the Cookie Policy. The customer declares to be of legal age and to have the legal capacity to enter into contracts.

4. Products

VIWA sells clothing and textile items. Product images, descriptions and characteristics are for information purposes; slight variations in colour or texture may occur due to on-screen display.

Our garments are made from natural fibres such as cotton and cashmere. Natural characteristics of these materials — including slight variations in colour, texture or knit between batches, and a degree of surface evolution such as light pilling with wear — are inherent to the material and do not constitute a defect. This does not affect the legal guarantee of conformity (clause 16).

5. Purchase process and formation of the contract

The customer selects the products, adds them to the cart, reviews the order (products, total price, shipping costs and taxes) and confirms the purchase via the payment button. The information on the Website constitutes an invitation to make an offer; your order constitutes an offer to purchase. Once payment is authorised, we will send you an email acknowledging receipt of your order (the “Order Confirmation”). This acknowledgement does not constitute acceptance of your order. The contract for the purchase of a product (the “Contract”) is formed only when we send you the email confirming that the product has been dispatched (the “Shipping Confirmation”), and relates only to the products listed in that Shipping Confirmation. If we do not accept your order in whole or in part and payment has already been taken, we will refund the corresponding amount in full without undue delay. The electronic contract document is stored by VIWA. The contract may be concluded in Spanish or English.

6. Proper use of the shop, purchase limits and no resale

(a) Orders may only be placed for legitimate personal purchases. Speculative, false or fraudulent orders are not permitted; if we reasonably consider an order to be of this nature, we may cancel it and inform the competent authorities.

(b) Our shop is intended exclusively for consumers and end customers. The purchase of products for commercial resale, agency or distribution is not permitted.

(c) For certain releases with limited availability, we may set a maximum number of units per customer, household or order, indicated on the product page or at checkout. We may cancel orders that exceed such limits or that circumvent them (for example, through multiple accounts or delivery addresses).

(d) The use of automated purchasing tools (bots, scripts or similar) is prohibited; we may cancel orders where we reasonably suspect such use.

(e) Registration on a waiting list does not confer any right to purchase and does not constitute a reservation.

Where we cancel an order under this clause before the Contract is formed, we will refund any amount already paid. Your statutory rights as a consumer remain unaffected.

7. Availability

Orders are subject to stock availability. If a product is unavailable after an order has been placed, VIWA will inform the customer as soon as possible and refund the corresponding amount.

8. Prices and taxes

Prices are shown in euros (EUR) and include applicable VAT. Shipping costs are indicated separately as set out in clause 11. The applicable price is the one in force and displayed at the time the order is placed.

9. Pricing errors

Although we take great care with pricing, a product may occasionally be displayed at an incorrect price. If the correct price of a product is lower than the price shown, we will charge the lower amount. If the correct price is higher and the pricing error is obvious and could reasonably have been recognised, VIWA is not obliged to supply the product at the incorrect price: we will contact you before dispatch so that you may confirm the corrected price or cancel the order, and we will refund any amount already paid if you choose to cancel.

10. Payment

The accepted payment methods are shown at checkout and currently include credit and debit cards (Visa, Mastercard, American Express, Maestro, UnionPay), Shop Pay, Apple Pay, Google Pay and PayPal. Payment is processed by external payment service providers (Shopify Payments and PayPal); VIWA does not receive or store your full card number or security code (CVV). The price of the order is charged when the order is placed and confirmed. For security reasons, VIWA may carry out verification checks and may decline or cancel an order where the payment cannot be verified or where fraudulent use of a payment method is suspected. Your statutory consumer rights, and any right to a chargeback with your card issuer, remain unaffected.

11. Shipping and delivery

Shipping costs, delivery times and delivery areas are set out on our Shipping page (viwabarcelona.com/pages/shipping) and are clearly shown before you complete your order. The applicable costs and times are those in force and displayed at the time the order is placed.

12. Risk and ownership

The risk of loss of or damage to the products passes to you when you — or a third party indicated by you, other than the carrier — acquire physical possession of the products. Ownership of the products passes to you only once VIWA has received full payment of all amounts due, including any delivery costs.

13. Right of withdrawal

If you are a consumer, you have 14 calendar days from receiving the products (or the last item of your order, where products are delivered separately) to withdraw from your purchase, without giving any reason. To exercise it, send us an unequivocal statement to care@viwabarcelona.com (for example, using the model form in the Annex).

After withdrawing, you must return the products without undue delay and, in any case, within 14 calendar days of notifying us, to: VIWA Barcelona S.L.U. — Passeig de Gràcia 19, 08007 Barcelona.

The direct cost of returning the products shall be borne by the customer.

We will reimburse all payments received, including standard delivery costs, no later than 14 calendar days from the date on which you inform us of your withdrawal. We may withhold the refund until we have received the products or until you provide proof of having returned them, whichever comes first. The refund will be made using the same means of payment used for the purchase.

When exercising your right of withdrawal, you may handle the products to the extent necessary to establish their nature, characteristics and functioning — as you reasonably would in a shop. You are liable only for any diminished value of the products resulting from handling beyond that; in such case we may deduct an amount equal to the diminished value from your refund. Your right of withdrawal itself is not conditional on the products being returned in their original packaging or with tags attached.

Where products are sold together as a Look or set at a single overall price, the set constitutes one single product. If you withdraw, please return the complete set; if components are missing, we may deduct their corresponding value from your refund.

14. Exceptions to the right of withdrawal

In accordance with art. 103 TRLGDCU, the right of withdrawal does not apply, among others, to sealed goods which are not suitable for return for health-protection or hygiene reasons and which were unsealed after delivery, nor to goods made to the consumer’s specifications or clearly personalised.

15. Return conditions (voluntary returns outside the statutory right of withdrawal)

This clause applies to returns that are not an exercise of the statutory right of withdrawal under clause 13 — for example, returns offered by VIWA as a courtesy outside the statutory period. For such voluntary returns, the products must be returned unworn, unwashed and undamaged, with all original tags and labels attached and in their original packaging, in a condition that allows them to be resold. Look sets and bundles can only be returned complete; individual components of a set are not accepted as voluntary returns. For hygiene reasons, please try on items such as swimwear, bodysuits or underwear over your own underwear. Where a voluntary return does not meet these conditions, VIWA may refuse the return and send the products back to you. Your statutory rights, including the right of withdrawal under clause 13 and the legal guarantee under clause 16, remain unaffected.

16. Legal guarantee of conformity

Products carry the legal guarantee of conformity of 3 years from delivery (arts. 114 et seq. TRLGDCU, as amended by Law 11/2022). In the event of a lack of conformity, the consumer is entitled to have it brought into conformity (repair or replacement), to a price reduction or to termination of the contract, under the legally established terms.

17. Complaints and dispute resolution

For any complaint, contact care@viwabarcelona.com. VIWA has official complaint forms available to consumers. Consumers may also submit disputes to the Spanish Consumer Arbitration System (the competent Junta Arbitral de Consumo). (Note: the former EU Online Dispute Resolution (ODR) platform ceased operating in 2025; no link to it is therefore included.)

18. Liability

Nothing in these Terms excludes or limits VIWA’s liability for: (a) intent or gross negligence; (b) death or personal injury; (c) fraud; or (d) any other liability that cannot legally be excluded or limited towards consumers.

In cases of ordinary (slight) negligence, VIWA is liable only for the breach of material contractual obligations — obligations whose performance makes the proper execution of the contract possible in the first place and on whose fulfilment you may regularly rely — and such liability is limited to the foreseeable damage typical of this type of contract.

VIWA supplies products for private use only and is not liable for business losses (such as loss of profit or business interruption) where products are used for commercial purposes. VIWA shall not be liable for failures arising from force majeure or causes beyond its reasonable control.

19. Intellectual and industrial property

The VIWA brand and the contents of the Website (texts, images, designs, logos) are owned by VIWA or its licensors and are protected. Their reproduction or use without authorisation is prohibited.

20. Data protection

The processing of the customer’s personal data is governed by the Privacy Policy (viwabarcelona.com), in accordance with the GDPR and the Spanish Data Protection Act (LOPDGDD).

21. Amendments, severability and assignment

VIWA may amend these Terms; the version in force at the time of the order shall apply. If any clause is declared void, the rest shall remain in force. The customer may not assign their contractual position without VIWA’s consent.

22. Governing law and jurisdiction

These Terms are governed by Spanish law. This choice of law does not deprive you, as a consumer, of the protection afforded by the mandatory provisions of the law of the country in which you have your habitual residence (art. 6(2) of Regulation (EC) No 593/2008, “Rome I”). In relation to consumers, the mandatory jurisdiction rules under consumer protection law apply (generally, the courts of the consumer’s place of residence).

23. Language

The language of the contract is Spanish. Any translation into other languages (e.g. English) is provided for information purposes; in the event of any discrepancy, the Spanish version shall prevail.

Annex — Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To VIWA Barcelona S.L.U. — Passeig de Gràcia 19, 08007 Barcelona — care@viwabarcelona.com:

I hereby give notice that I withdraw from my contract of sale of the following goods:

Ordered on / received on: ______
Name of consumer: ______
Address of consumer: ______
Date: ______
Signature (only if this form is submitted on paper): ______

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