Terms & Conditions

Upwind Watersports, S.L.

Scope of application and inclusion
1. The company Upwind Watersports, S.L. (hereinafter “Upwind”) with registered office in Spain, business address: Clarinete 9, 15176, Oleiros, A Coruña, Spain, registered in the Commercial Register of A Coruña, Spain 15th January 2025 under C-65924, Internet: upwind.es, VAT-ID: B75665794 , offers consumers, meaning any User who sells or wishes to sell one or more Products on the Platform, merchants and legal entities, meaning any natural person acting within the framework of a trade or professional activity or any legal person (e.g. a company, foundation or association) who offers Products or services to consumers via our platform for purposes related to their trade, business, craft or profession and who have identified themselves on Upwind as users operating on the platform as professionals. These users are identified on the platform under the name ‘Professional’ which you can find in their Upwind profile.(together hereinafter “Professionals”) (Professionals and Consumers together hereinafter “Users”), the opportunity to use the trading system on the online platform operated by upwind.es for the trade of equipment of the following water sports: Kitesurf, Windsurf and Wingfoil or buy merchandising products offered by Upwind(hereinafter: “Marketplace”) in accordance with the provisions of the Upwind Terms of Use (hereinafter “Terms of Use”), the Purchase protection service of Upwind (hereinafter “Protection service”) and these General Terms and Conditions (hereinafter “GTC”) and in particular to initiate sales advertisements and/or make purchases between Users (hereinafter the “Service”).
2. Users who use the Marketplace to purchase Products are also referred to as “Buyers” in these GTC. Buyers can only be Consumers. Users who use this Marketplace to sell Products are hereinafter also referred to as “Sellers”. Sellers can be both Consumers and Professionals.
3. These General Terms and Conditions, the Terms of Use, the Protection service and the Privacy Policy together form a binding contract between the User and Upwind. If you use a specific service, such as a payment or delivery service, its terms and conditions will also form part of the contract.
4. The use of the Service confers the status of User of the Service and implies full acceptance of these GTC.
5. By accepting these GTC, the User recognizes:
  - That you have read and understand the foregoing.
  - That you assume all the obligations and know your rights described herein, as well as those established by the applicable regulations.
6. That you are of legal age and have sufficient legal capacity to use the Service. The Marketplace is intended to bring together sellers and buyers with regard to the trade in equipment of the water sports referred in previous clause 1 or intended the users to buy merchandising products offered by Upwind (hereinafter collectively referred to as “Products”).
7. These GTC apply in the European Union; the location of the respective Seller within the European Union is decisive for this.
General provisions
1. The execution of contracts concluded on the Marketplace is the sole responsibility of the respective Users. Upwind does not owe the fulfillment of contracts concluded on the Marketplaces, nor is Upwind responsible for material or equipment defects or defects of title of the traded Products. Upwind is under no obligation to ensure the fulfillment of contracts concluded between Users. The above does not apply if and insofar as Upwind itself expressly acts as Seller or Buyer in accordance with Section 7.
2. Upwind cannot guarantee the true identity and power of disposal of the User. In case of doubt, both contracting parties are obliged to inform themselves in an appropriate manner about the true identity and the power of disposal of the other contracting party.
3. Actions using the respective login of a User are generally attributable to the User. Users are responsible for all declarations of intent made on the website. For declarations made by third parties under the User’s member account, they are liable to a foreseeable extent in accordance with the principles of a contract with a protective effect for third parties.
4. Termination and account suspension
  1. 1. Fraudulent transactions or activities, including the use of stolen payment methods or counterfeit Products;
    2. Abusive, threatening, or harassing behavior towards other users, staff, or third parties.
    3. Misrepresentation of identity or provision of false information during registration, transactions, or chats.
    4. Unauthorized use or access to the platform, systems, or data.
    5. Any activity that violates applicable laws or regulations.
  2. Upwind may monitor user activity for fraud prevention and compliance purposes. Any suspicious behavior may result in immediate account suspension pending investigation.
  3. Users whose accounts are terminated or suspended are prohibited from re-registering on the platform without explicit prior approval from Upwind.
  4. Upwind reserves the right to withhold payments, cancel transactions, or pursue legal action in cases of suspected fraud or breach of these terms.
  5. The platform is under no obligation to restore suspended accounts or provide specific details regarding the suspension or termination decision.
5. Upwind reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces. Upwind will inform the users about possible changes accordingly.
6. The Upwind platform may contain links to third-party websites, services, or resources for the convenience of users. Upwind does not endorse, monitor, or have control over the content, products, or services provided by these third parties.
7. Users acknowledge that accessing or using third-party links or services is at their own risk and subject to the terms and conditions and privacy policies of the respective third parties.
8. Upwind assumes no responsibility for any loss, damage, or issues arising from interactions with third-party websites, products, or services, including but not limited to incorrect information, defective Products, or inadequate service
9. Any transactions, communications, or agreements entered between users and third parties are solely between those parties, and Upwind shall not be liable for any disputes or claims resulting from such interactions.
Creation and publication of advertisements; conclusion of contract on the Marketplace; brokerage contract between Seller and Upwind; Upwind Protection Service; right of withdrawal
1. With the Marketplace, Upwind provides an online service through which Users as Sellers can create and publish advertisements consisting of texts and images and thus offer Products for sale (hereinafter “Advertisements”). In addition, the Marketplace also enables the exchange of electronic messages between Users.
2. The creation of an Advertisement requires detailed information about the characteristics of the Products, such as brand, model, product condition etc. In addition, the Seller must upload truthful pictures of the Products offered.
3. The seller is responsible for ensuring that the Products they list and sell, are genuine and free of counterfeit characteristics.
4. Selling counterfeit Products constitutes a breach of EU law under the Enforcement Directive (2004/48/EC), which governs the protection and enforcement of intellectual property rights. In addition, under Article 61 of the TRIPS Agreement, commercial-scale counterfeiting is criminalized and subject to penalties, including fines, imprisonment, and destruction of infringing Products. Such actions contravene EU intellectual property law and the Treaty on the Functioning of the European Union (TFEU) provisions prohibiting counterfeit trade within the EU. In cases of confirmed counterfeit Products:
  1. 1. The seller will bear the full shipping and packaging costs for both the outbound and return shipments;
    2. The seller will be charged an additional processing fee of 100 €;
    3. Counterfeit items will not be eligible for compensation in cases of damage during return transport.
5. The platform reserves the right to block the sale of any water sport equipment or component suspected of being counterfeit or for which proof of authenticity is not provided. Sellers who fail to comply will face a penalty fee of 100€. Selling counterfeit Products is subject to enforcement under EU customs regulations and intellectual property laws, and violators may face legal consequences, including criminal charges, as outlined in Directive 2004/48/EC and Article 61 of the TRIPS Agreement.
6. Professionals are responsible for ensuring that their Advertisements comply with the law.
7. Once the seller has entered all necessary and, if applicable, optional information and data, he can release the Advertisement by clicking on the “Upload Product” button. Upwind checks the sales ads for harmful or illegal content, but not for the accuracy of the information. The seller alone is responsible for the content of the respective sales advertisements and the accuracy of the information.
8. By clicking on the “Upload Product” button, the Seller is hereby bound by the rights and obligations of which are governed by these GTC and the Terms of Use. After the advertisement is published on the Marketplace, Upwind accepts the Seller’s offer to conclude a brokerage contract for the specific Advertisement placed and entitles Upwind to publish the Advertisement on the Marketplace and to provide any interested parties the opportunity to purchase the product
9. By concluding the brokerage contract, the Seller also authorizes Upwind to carry out a possible defect inspection within the scope of purchase protection service in accordance with Section 5. and in the event of any notification of defects by the buyer. However, if the Seller is a Consumer, he authorizes Upwind exclusively with the inspection to the extent specified in Section 5.14. The Seller’s right to carry out all subsequent performance obligations, including the defect inspection itself, remains unaffected.
10. The Seller may grant Upwind the power of representation to bindingly determine the defectiveness or freedom from defects vis-à-vis the Buyer in terms of the purchase protection service. Upwind will notify the Seller prior to the determination described in the previous sentence and offer the Seller the opportunity to carry out the respective inspection and any subsequent performance itself. If the Seller wishes to carry out the subsequent performance obligations himself, Upwind does not act as a representative of the Seller, but only as an intermediary between the Buyer and the Seller.
11. The Seller may terminate its brokerage contract at any time without notice with immediate effect by deleting the Advertisement. He can terminate several brokerage contracts for further Advertisements by deleting these Advertisements as well. If the Seller deletes only part of several Advertisements, only the corresponding brokerage contracts for the deleted Advertisements shall be terminated. The respective brokerage contracts remain in force for the remaining Advertisements that continue to be published.
12. After a successful sale (successful brokerage), however before handing over to the Buyer, the Seller can only terminate the brokerage contract by not delivering the purchased item within 5 days. Consequences of this situation for Buyer and Seller are described in section 3.20
13. Seller may edit, add to and delete Advertisements published by him at any time until the Products offered therein have been sold.
14. Upwind is entitled to delete the Advertisement or other content posted by the User or to suspend the publication of Advertisements or other content if there are concrete indications that the contents of the Advertisement violate these GTC, the Terms of Use, the rights of third parties or legal requirements, or that the User has otherwise culpably violated contractual obligations or if these are punishable under the applicable laws or clearly serve to prepare criminal acts.
15. Neither advertisements published by the seller nor any price negotiations (via the chat/messages function) constitute binding offers. In each case, this is merely an invitation to the potential buyer to submit a binding offer to conclude a purchase. The buyer only submits a binding purchase offer by completing the order process and performing the payment process in full as described in section 3.18.
16. The Seller accepts the Buyer’s offer once order ID is generated and confirmed after the Buyer´s payment. This confirmation concludes the respective purchase between the Buyer and the Seller.
17. For any successful purchase the Buyer must pay a fee to Upwind for the purchase protection service, due as a percentage amount of the purchase price, up to a maximum amount (hereinafter “Upwind fee”). “Purchase price” in this sense is the price agreed between the Buyer and the Seller, excluding the shipping fee to be borne by the Buyer and the Upwind fee as well as other costs, fees and expenses to be borne by the Buyer. Payment of the Upwind fee is made by offsetting the total amount collected from the buyer in accordance with Section 3.18.
18. The Seller authorizes Upwind to collect the purchase price claim against the Buyer. The payment processing and payment of the purchase price between the Seller and Upwind is carried out via the payment service provider Stripe, Inc. (hereinafter: “Stripe”). To use Stripe, the Seller must be registered with Stripe. As part of the Stripe payment service, Upwind offers the Buyer various payment methods. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the Buyer may be informed separately. If the payment is not processed due to insufficient funds in the account or due to the provision of incorrect bank details, the Buyer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. Further information on Stripe is available on the Internet at www.stripe.com.
19. After the purchase has been concluded, Stripe collects the purchase price, the Upwind fee, any boosting fee, the shipping fee, currency conversion fees for payments in foreign currencies (foreign currencies are currencies other than the euro) and any customs duties (hereinafter “Total Amount”) from the Buyer’s means of payment on behalf of the Seller. Stripe shall hold the Total Amount in a non-interest-bearing escrow account. For this purpose, the Seller shall set up its own escrow account with Stripe. The purchase price paid by the Buyer and collected by Stripe will be paid by Stripe after deduction of the Upwind fee and shipping fee to the Seller 48 hours after the Products have been demonstrably received by the Buyer. If Buyer reports a defect within 48 hours of delivery, as part of purchase protection service, the purchase price will be withheld until the question of any actual defectiveness has been finally clarified and settled for both the Seller and the Buyer.
20. The Seller can directly terminate the brokerage contract and the purchase by not delivering the item within 5 days since order ID is generated and confirmed. In this case, the Purchase price, the Upwind fee and Shipping fee collected from the Buyer and hold by Stripe will be paid back to the Buyer within 48 hours. In this case, Upwind reserves the right to remove the Advertisement immediately. If the Seller is a Consumer, he is entitled as well to a right of withdrawal regarding the brokerage contract concluded with Upwind in accordance with Section 8. In the event of a withdrawal, Upwind is entitled to delete the Advertisement on which the revoked brokerage contract is based immediately and without further notice. The Consumer’s attention is expressly drawn to Section 8.2.
Purchasing on the Marketplace; Intermediary contract between Buyer and Upwind; Upwind fee; Right of withdrawal
1. Every User has the option to view all Advertisements published on the Marketplace or to carry out a “structured search” according to specific criteria. If the User uses the Marketplace via his user account, he can view all information on the Products offered from the Advertisements. They can also contact the Seller via the chat function.
2. The purchase prices of the Products are displayed on the Platform equally to all Users, regardless of whether they use the Platform as Professionals or as Consumers, as follows:
  1. If the Seller is a Consumer, the total price doesn´t include taxes.
  2. If the Seller is a Professional, the total price includes taxes.
  3. By paying the purchase price to the Seller, the Buyer simultaneously declares acceptance of the Upwind’s rights and obligations governed by these GTC and the Terms of Use.
  4. Upwind acts solely as an intermediary in the purchase concluded between the Seller and the Buyer and does not become a contractual partner or party to the transaction, unless Upwind itself acts as Seller in accordance with Section 7.
  5. The “Upwind fee” is composed as follows: Upon conclusion of the transaction between the Buyer and the Seller, the Buyer agrees to pay the Upwind fee to Upwind. The Upwind fee is based on the purchase price. The Upwind fee will be added to the purchase price and will always be displayed separately to the Buyer at check-out and during the payment process
  6. Payment of the Upwind fee will be collected from the Buyer together with the purchase price and the shipping fee via the payment service provider Stripe using the means of payment chosen by the Buyer.
  7. If the User is a Consumer, he is entitled to a right of withdrawal in accordance with Section 8 with regard to the purchase contract concluded with Professional Sellers as well as with regard to the brokerage contract concluded with Upwind. With regard to the brokerage contract, explicit reference is made to Section 8.2.
Procedure and processing of the purchase contract concluded between the Users; Purchase protection service
1. Products shall be delivered by DHL Express shipment to the delivery address specified by the Buyer, unless otherwise agreed between the Seller and the Buyer. The delivery address specified by the Buyer at the time of purchase shall be decisive.
2. After conclusion of the transaction, the Seller is obliged to pack the Products ready for shipment and bring them to an official DHL Express drop off point within 5 days. In order to do this, the seller must print out the shipping label provided by Upwind, stick it on the properly packaged parcel and then hand it over to an official DHL Express drop off point within 5 days.
3. Upwind is not responsible for delays due to causes beyond its control. If the delivery of the products is delayed due to an event beyond Upwind’s control (e.g. due to delays in courier services, logistics or bad weather), buyers will be informed as soon as possible. In the event of a significant delay, a cancellation is possible after consultation with Upwind and the Seller.
4. When the Buyer has purchased any watersports gear via the Marketplace or any other Product, the Buyer shall be entitled to “purchase protection service” in accordance with the following paragraphs in addition to any existing statutory rights in respect of defects and the right of withdrawal in the case of the purchase of Products from Professional Sellers and without any restrictions on these rights.
5. Without limiting any existing statutory warranty and revocation rights, Upwind supports the Buyer within the framework of the so-called purchase protection in the enforcement of any warranty claims against the Seller, in particular in the event of non-performance or poor performance or poor delivery or significant deviation of the quality of the Products from the Seller’s description in the Advertisement or in the event of withdrawal, provided that the Buyer notifies Upwind of this within 14 days of delivery of the Products.
6. The subject of Purchase Protection is first an examination by Upwind to determine whether there is actually a defect in the Products. This is done on the basis of the material provided by the buyer (pictures, videos, description, etc.) and in comparison with the seller’s sales ad.
7. If a defect is found, Upwind will contact the Buyer and clarify whether the Buyer wishes a return or a new delivery. However, the Buyer is only entitled to a new delivery as supplementary performance in the case of delivery of unused, new Products.
8. In the event of reversal or redelivery, Upwind will take over the communication and processing with the Seller, as far as this is desired by the Buyer.
9. If the Products are defective and the Buyer decides to reverse the transaction, the Seller will receive the Products back against payment of a shipping fee of 100€. Upwind will collect the amount owed by the Seller via the payment service provider Stripe or offset it against any future payments. Upwind will make the refund of all or part of the purchase price to the Buyer on behalf of the Seller. Unless otherwise agreed between the parties, Upwind will refund the amount to the Buyer via the payment method used by the Buyer to pay the agreed purchase price. In addition, Upwind reserves the right to refund the equivalent value of the fees charged (in particular the Upwind fee) in the form of voucher codes for future purchases or sales on upwind.es.
10. If, after inspection by Upwind, it turns out that there is no defect, Upwind will inform the Buyer of this and return the Products to him against payment of a shipping fee of100€. The Buyer is free to refute this decision.
11. Purchase Protection Service no longer applies 48 hours after the product is received by the Buyer or a receiving representative. However, the Buyer shall continue to be entitled to all possible statutory rights, right of withdrawal and warranty rights.
12. If both the Buyer and the Seller are Consumers, the provisions on Purchase Protection Service apply accordingly, with the provision that the Buyer is generally not entitled to any warranty claims against the Seller (see Section 5.4) and has no right of withdrawal. In this case, the Purchase Protection Service is limited exclusively to checking whether there is a significant discrepancy between the Products description in the Seller’s Advertisement and the Products actually delivered.
Upwind as Seller or Buyer
1. Upwind could also offers Products and merchandising products for sale on the Marketplace. In this case, Upwind is considered a Seller and a Professional within the meaning of these GTC. The provisions of these GTC apply accordingly to transactions between Upwind and Buyers.
2. Consumers are entitled to a right of withdrawal in accordance with Section 8 in the case of a purchase of Products on the Marketplace directly from Upwind as Seller.
3. Upwind also purchases Products itself via the Marketplace. In this case, Upwind is considered a Buyer and Professional within the meaning of these GTC.
Withdrawal policy
The following withdrawal policy applies to all transactions between Buyers (Consumers) and Professional Sellers through the marketplace:
1. You have the right to withdraw from this/these transaction (s) within fourteen (14) days without giving any reason.The withdrawal period is in case of a purchase fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the Products or fourteen (14) days from the date of conclusion of the transaction.To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the following email address: support@upwind.es.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Consequences of withdrawal
  1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
  2. We pick up the Products.
  3. You only must pay for any loss in value of the Products if this loss in value is due to handling of the Products that is not necessary to check their condition, properties and functionality.
Right of use
1. The User grants Upwind a spatially and temporally unlimited, irrevocable, transferable to third parties, non-exclusive, royalty-free right to commercially exploit the content posted on the Marketplace. Upwind is authorized to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, particularly the right of making available to the public. In this respect, the User waives the exercise of his right to attribution without thereby waiving his right to recognition of authorship. This provision does not affect the User’s option to grant third parties rights to posted content in accordance with certain license models.
2. All rights to the content of the Marketplace belong to Upwind. The User is prohibited from reproducing, distributing and/or publishing content that Upwind, other Users or third parties have uploaded to the Marketplace.
Payment services
Upwind offers Stripe, Inc. as a payment gateway. More information about Stripe can be found on their website: www.stripe.com.
Liability; indemnification and limitation period
1. Unless otherwise stated in these GTC, including the following provisions, the warranty rights of the User and the liability of Upwind in the event of a breach of its obligations shall be determined in accordance with the statutory provisions.Clarification: Upwind is not responsible for any content in Advertisements published by Users. Upwind is also not a contractual partner in the transactions concluded between Users. Upwind only becomes part of the transaction if and insofar as this is expressly regulated in these GTC or Upwind obviously acts as Seller.
2. Upwind is an online platform that acts as a broke between the Seller and the Buyer. Therefore, Upwind is not the owner of the used products for sale or sold through the Platform and is not a party to the sale and purchase that may take place between Buyers and Sellers.
  1. Upwind cannot be held responsible for content provided by Users or illicit activities carried out on the Platform, provided that Upwind has no actual knowledge of such content or that, after having such knowledge, it acts quickly to remove or block access to such content.
  2. Upwind shall not be liable for damages of any nature whatsoever arising from:
    1. The use made by the Users of the Service nor for the state, origin,
      possible inaccuracy, or possible falsity of the data provided by the Users
      nor of the Products offered through the Service.
    2. The contents, information, opinions and statements of any User or third parties or entities that are communicated or displayed through the Service (including the chat).
    3. The use that Users may make of the materials of the Service, whether
      prohibited or permitted, in violation of intellectual and/or industrial
      property rights, confidential information, of the contents of the Service or
      of third parties.
    4. The performance of acts of unfair competition and unlawful advertising.
    5. The possible loss of Users’ data due to causes not attributable to the Service.
    6. Access by minors to the contents included in the Service.
    7. The unavailability, errors, access failures and lack of continuity of the Service.
    8. Failures or incidents that may occur in communications, deletion or
      incomplete transmissions.
    9. Non-operability or problems with the email address provided by the
      User.
  3. All information that Users publish, include in or transmit through the Platform, as well as the Products they offer, sell or transfer to other Users, shall be under their sole responsibility. Also, users will be responsible to comply with legal obligations and / or tax obligations arising from their transactions on the Platform.
  4. By accepting these GTC, Users acknowledge and agree that they are fully responsible for any Product or advertisement offered on the Platform, as well as for the information provided through the description, photographs, and statements made to buyers or other Users and the accuracy of other details provided. In addition, Users shall be solely responsible for transactions made with other Users and any disputes arising therefrom.
  5. Therefore the User undertakes to indemnify Upwind against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User’s failure to comply with any of its legal obligations and/or the Rules for use of the service mentioned in these GTC, and Upwind also reserves the right to request compensation for any damages that may be due.
Assignment and set-off
1. A partial or complete assignment of the User’s rights from the contract with Upwind to third parties is excluded.
2. The User is only entitled to offset or to exercise the rights of retention if the claim made for offsetting or used to assert the right of retention has been recognized in writing by Upwind or has been legally established or if the counterclaim is in a reciprocal relationship to the claim in question.
Force majeure
1. Upwind is not responsible for delays in performance due to force majeure or due to circumstances for which the Buyer is responsible and entitles Upwind to postpone the provision of the affected services for the duration of the hindrance plus a reasonable start-up and planning period. Upwind will notify the User of delays in performance or changes in performance due to force majeure.
2. Should one of the contracting parties be prevented as a whole or in part from fulfilling its obligations under the contract due to force majeure or other circumstances which it cannot reasonably be expected to remedy, these obligations shall be suspended until the disruptions and their consequences have been remedied. In this case, the contractual partner concerned shall have no claim to consideration. The contractual partner concerned is obliged to inform the other contractual partner immediately and to take all technically and economically reasonable measures to restore the conditions for the fulfillment of the contract without delay.
3. Force majeure is an external event caused by elementary forces of nature or by the actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means, even with the utmost care that can reasonably be expected in the circumstances, and cannot be accepted by the affected contractual partner due to its frequency.
Data protection
Upwind is authorized to save and process the data relating to the respective order in accordance with the legal provisions and the privacy policy available on the Marketplace.
Place of jurisdiction; choice of law; dispute resolution
1. In the event of any discrepancy or conflict with Upwind when using the Platform or any of the Services, they may contact Upwind via the following email: support@upwind.es
2. If the discrepancy or dispute persists or if the User is not satisfied with the response offered by Upwind, the User may resort to alternative means of dispute resolution. The European Union Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. Upwind is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
3. In the event of a dispute or conflict of interpretation of GTC, as well as any question related to the services offered by Upwind, such dispute shall be governed by Spanish law and resolved by the courts of Upwind registered office.
Final provisions
1. Amendments and supplements to these GTC must be made in writing to be effective.
2. Upwind reserves the right to change these GTC, provided that the changes are reasonable for the User and the essential provisions of existing contractual relationships remain unaffected. Upwind will notify the User of the changes in writing at least six (6) weeks before they come into effect. If the User does not agree to the changes, the User may object in writing within one week before the planned entry into force of the changes. Without an objection from the User, the changes are considered approved. Upwind will expressly inform the User of the significance of his silence when notifying him of the changes to the GTC.
3. Should provisions of these GTC or a provision included in them in the future be wholly or partially invalid or unenforceable or lose their legal validity or enforceability at a later date, this shall not affect the validity of the GTC. The same applies if contracts between the contracting parties contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply that comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision.