Terms of service
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the WristWorks website, store, and related services (the "Services"), and any purchase you make through them.
The Services are operated by WristWorks, trading as WristWorks ("WristWorks," "we," "us," or "our"), established in Spain.
By accessing the Services or placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
These Terms incorporate by reference our Privacy Policy, Return & Refund Policy, and Shipping Policy, each available on the Site.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding contract, to purchase from the Services. By placing an order you represent that you meet these requirements.
We may refuse service, cancel orders, or terminate accounts at our discretion, including where we suspect fraud, abuse, resale without authorisation, breach of these Terms, or where we are unable to fulfil an order.
3. Products and Descriptions
We take care to describe and display our products accurately. However:
- Colours, textures, and dimensions may vary depending on your screen settings, and minor variations from images are normal;
- Product specifications, packaging, and materials may change without notice;
- We do not warrant that product descriptions, images, or other content are complete, current, or error-free.
All products are offered subject to availability. We reserve the right to limit quantities, discontinue any product, and refuse or cancel any order.
4. Pricing and Payment
All prices are displayed in the currency shown at checkout and are subject to change without notice. Prices in effect at the time your order is accepted apply to that order.
You are responsible for providing valid, complete, and accurate payment and billing information. By submitting payment details you represent that you are authorised to use the payment method.
Pricing errors. If a product is listed at an incorrect price due to a technical, typographical, or human error, we reserve the right to cancel the order and refund any amount charged, whether or not the order has been confirmed. We will notify you before doing so.
Taxes and duties. Unless expressly stated otherwise at checkout, prices exclude import duties, customs charges, and local taxes. Where applicable, these are your responsibility and are payable to the relevant authority or carrier. Refusal to pay such charges may result in the order being returned or destroyed, and refunds in such cases are subject to our Return & Refund Policy.
5. Orders and Formation of Contract
Your order constitutes an offer to purchase. An order confirmation email acknowledges receipt but does not constitute acceptance.
A binding contract is formed only when we dispatch the product and send a shipping confirmation. Until that point, we may decline or cancel the order for any lawful reason, including stock unavailability, suspected fraud, payment failure, or pricing error.
6. Shipping, Risk, and Title
Shipping terms, estimates, and costs are set out in our Shipping Policy.
Delivery estimates are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, strikes, or other circumstances outside our reasonable control.
Title and risk of loss pass to you upon delivery to the address you provide, or upon the carrier's confirmation of delivery, whichever occurs first, except where mandatory consumer law in your jurisdiction provides otherwise.
You are responsible for providing a complete and accurate delivery address. We are not liable for orders delivered to an incorrect address supplied by you.
7. Returns, Refunds, and Warranty
Returns, refunds, exchanges, and warranty claims are governed by our Return & Refund Policy, which forms part of these Terms.
8. Product Safety, Intended Use, and Health Disclaimer
Please read this section carefully. It concerns your safety.
WristWorks products are general wellness and comfort accessories. They are not medical devices. They are not intended to diagnose, treat, cure, mitigate, or prevent any disease, injury, or medical condition. No statement made by us, on the Site, or in our marketing materials should be interpreted as a medical claim, and none has been evaluated by the U.S. Food and Drug Administration or any equivalent regulatory authority.
Consult a qualified healthcare professional before use if you are pregnant, have diabetes, neuropathy, reduced or impaired skin sensation, circulatory conditions, cardiovascular conditions, skin conditions, recent injury or surgery, implanted electronic medical devices such as a pacemaker, or if you are taking medication that affects sensation or circulation.
Safe use requirements. You agree to:
- Read and follow all instructions and warnings supplied with the product before first use;
- Discontinue use immediately and remove the product if you experience discomfort, pain, redness, burning, itching, dizziness, or any adverse reaction, and seek medical advice if symptoms persist;
- Never use the product while sleeping or when drowsy;
- Never use the product on broken, irritated, inflamed, or numb skin, or over areas with reduced sensation;
- Not exceed the maximum continuous use duration stated in the instructions;
- Not use the product on children, on persons unable to understand or communicate discomfort, or on pets;
- Charge the product only with the cable and power source supplied or approved by us, and never leave it charging unattended or overnight;
- Not use the product while it is charging, and not use it if the casing, cable, or battery shows any sign of damage, swelling, or overheating;
- Keep the product away from water and moisture beyond any stated rating;
- Not disassemble, modify, or attempt to repair the product.
Heat and vibration devices carry an inherent risk of burns, skin irritation, and tissue injury, particularly where sensation is impaired or where use exceeds recommended durations. You assume responsibility for using the product in accordance with the instructions provided.
Any health-related information on the Site is provided for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Never disregard or delay seeking professional medical advice because of anything you read on the Site.
9. Acceptable Use
You agree not to:
- Use the Services for any unlawful, fraudulent, or unauthorised purpose;
- Violate any applicable law, regulation, or third-party right;
- Submit false, misleading, or fraudulent information, including in orders, returns, or warranty claims;
- Interfere with, disrupt, probe, or circumvent the security of the Services;
- Use any automated system, robot, scraper, or data-mining tool to access or extract content;
- Introduce viruses, malware, or any harmful code;
- Impersonate any person or entity, or misrepresent your affiliation;
- Resell, distribute, or commercially exploit our products without our prior written authorisation;
- Copy, reproduce, or reverse-engineer any part of the Services or our products;
- Harass, abuse, threaten, or defame any person, including our staff.
We may investigate any suspected breach and take any action we consider appropriate, including refusing service, cancelling orders, terminating accounts, withholding refunds where legally permitted, and reporting the matter to law enforcement.
10. Accounts
If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at contactwristworks@gmail.com of any unauthorised use.
We may suspend or terminate an account at our discretion, including for breach of these Terms.
11. Intellectual Property
All content on the Services, including text, graphics, logos, images, photographs, product designs, videos, software, and the WristWorks name and branding, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for personal, non-commercial purposes. No other rights are granted. You may not reproduce, distribute, modify, publicly display, create derivative works from, or commercially exploit any part of the Services without our prior written consent.
12. User Content
If you submit reviews, comments, photographs, videos, testimonials, or other content ("User Content"), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any media, in connection with our business, without compensation or attribution.
You represent that you own or have the necessary rights to the User Content, that it is accurate, and that it does not infringe any third-party right or violate any law.
We are not obliged to monitor User Content and may remove or refuse any submission at our discretion. User Content does not reflect our views, and we accept no responsibility for it.
13. Third-Party Links and Services
The Services may contain links to, or integrations with, third-party websites, platforms, and services. We do not control and are not responsible for their content, policies, products, or practices. Your dealings with third parties are solely between you and them.
14. Disclaimer of Warranties
Except as expressly provided in our Return & Refund Policy and except where prohibited by applicable law, the Services and all products are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise.
To the maximum extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
Nothing in this section limits any non-waivable statutory rights you have as a consumer, including the statutory guarantee of conformity applicable in the European Union and the United Kingdom.
15. Limitation of Liability
To the maximum extent permitted by applicable law:
We, together with our officers, employees, agents, suppliers, and licensors, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or personal injury, arising out of or in connection with your use of the Services or any product, whether based in contract, tort, negligence, strict liability, or any other legal theory, and whether or not we were advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms, the Services, or any product shall not exceed the total amount you paid to us for the product giving rise to the claim.
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Gross negligence or wilful misconduct;
- Defective products, to the extent such liability cannot be excluded under applicable product liability law, including Directive 85/374/EEC and its national implementations;
- Any other liability that cannot be excluded or limited by applicable law.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless WristWorks and its officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with:
- Your breach of these Terms or any policy incorporated by reference;
- Your violation of any law or third-party right;
- Your misuse of any product, including use contrary to the instructions and warnings provided;
- Your User Content.
This clause does not apply to consumers to the extent prohibited by mandatory consumer law in their country of residence.
17. Force Majeure
We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, extreme weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labour disputes, carrier delays, supply chain disruption, power outages, or failures of telecommunications or internet infrastructure.
18. Dispute Resolution
Please contact us first. Most issues can be resolved quickly and informally. Before initiating any formal proceedings, you agree to contact us at contactwristworks@gmail.com and allow 30 days for us to attempt a resolution.
18.1 Customers outside the EU, UK, and Switzerland
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
If an informal resolution is not reached, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product shall be resolved exclusively by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court where the claim qualifies.
Arbitration shall be conducted on an individual basis. You and WristWorks each waive the right to a trial by jury and the right to participate in a class action, class arbitration, collective action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
Arbitration shall be administered under the rules of a recognised arbitration body applicable in the consumer's jurisdiction, and may be conducted by written submission, telephone, or video conference where the rules permit.
Opt-out. You may opt out of this arbitration agreement by emailing contactwristworks@gmail.com within 30 days of your first purchase, stating your name, order number, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
If any part of this Section 18.1 is found unenforceable, the remainder shall continue to apply, except that if the class action waiver is found unenforceable, this entire Section 18.1 shall be void.
18.2 Consumers in the EU, UK, and Switzerland
Nothing in these Terms deprives you of the protection of mandatory provisions of the law of your country of residence, or of your right to bring proceedings before the courts of your country of residence.
The European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr. We are not obliged to, and do not undertake to, participate in dispute resolution proceedings before a consumer arbitration board.
19. Governing Law
These Terms are governed by the laws of Spain, without regard to conflict of law principles.
If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in the courts of that country.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. Severability, Waiver, and Assignment
If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
21. Entire Agreement
These Terms, together with the Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and us regarding the Services, and supersede any prior agreements or understandings.
22. Changes to These Terms
We may modify these Terms at any time. The revised version takes effect when posted on this page with an updated date. The version in force at the time you place an order governs that order. Continued use of the Services after changes are posted constitutes acceptance.