Purchase conditions - YOURBAN Store
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.yo-urban.com) and the purchase of products on it (hereinafter, the " Terms").
If you have any questions related to the Conditions or the Data Protection Policies, you can contact us at email@example.com. The contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
In compliance with the Law of Services of the Information Society and Electronic Commerce, the User is informed that the owner of the website www.yo-urban.com is:
YOURBAN STORE by YOURBAN INDUSTRIAS TEXTILES, SL, a Spanish company with fiscal address at Paseo de Extremadura 122 1D Madrid, Community of Madrid, registered in the Mercantile Registry of Madrid, Volume 39457, General Section, Page 61, Sheet 700550, and NIF B88447255 , email firstname.lastname@example.org.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide us about you will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
Make use of this website only to make legally valid queries or requests.
Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.5. AVAILABILITY OF THE SERVICE
The articles offered through this website are available for shipping to all cities and countries in the world.
5. AVAILABILITY OF THE SERVICE
The articles offered through this website are available for shipping to all cities and countries in the world.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click "Authorize payment". Next, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Also, we will inform you by email when your order is being sent to you (the "Shipping Confirmation"). An electronic ticket with your order details will also be attached to the Shipping Confirmation (the "electronic ticket").
7. AVAILABILITY OF PRODUCTS
All orders are subject to product availability. If there are difficulties in supplying products or if there are no items in stock, we will refund any amount you may have paid.
8. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
This web page shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the information in these sections has not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, by phone or email address mentioned above, to correct the error .
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product / s related in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and we will give you the option to proceed with the purchase by establishing a new delivery date or to cancel the order with the full refund of the price paid, except for expenses of Shipping. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove by signing the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.
We will also leave you a note explaining where your order is and how to get it shipped again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange the delivery on another day, paying a new distribution fee.
In the event that 30 days after your order is available for delivery, the order has not been delivered for a reason not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will return all payments received from you, without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please keep in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
11. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be at your expense from the time of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if This would take place at a later time.
12. PRICE AND PAYMENT
The prices on the website include VAT (when this tax is applicable), but exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step.
Also, during the purchase process, before making the payment, you can modify the details of your order. You have a detailed description of the purchasing process in the Buying Guide.
In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.
You can use Visa, Mastercard in its debit and credit versions, American Express, Apple Pay, Google Play, PayPal, Amazon Pay, bank transfer and cash on delivery (available only for Spain) and with a payment method of payment. additional cost of € 7.90
To minimize the risk of unauthorized access, your credit card details will be encrypted.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
13. BUY AS A GUEST
This website also allows purchasing through the purchase functionality as a guest. In this purchase modality, you will only be asked for the essential data to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
14. VALUE ADDED AND BILLING TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.
You expressly authorize us to issue the invoice electronically. However, you can indicate at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in this format.
15. RETURN POLICY
15.1 Legal right to withdraw from the purchase Right of withdrawal
If you are hiring as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods. To exercise the right of withdrawal, you must notify YOURBAN INDUSTRIAS TEXTILES, SL, at the address: Paseo de Extremadura 122 1D Madrid, Community of Madrid, by writing to us at email@example.com, or by phone 0034 644 650 692 your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
15.2 Consequences of withdrawal
In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different delivery method than the least expensive delivery method. that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We may retain the refund until we have received the goods, or until you have presented proof of return of the goods, depending on which condition is met first.
You must make the return through the postal service by sending the products to YOURBAN INDUSTRIAS TEXTILES SL, Paseo de Extremadura 122 1D Madrid, Comunidad de Madrid 28011, without any undue delay and, in any case, no later than 14 days natural from the date you communicate your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired.
The right of withdrawal will not be applicable to contracts that refer to:
The supply of sealed goods that are not fit to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
You will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
15.3 Contractual right of withdrawal.
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 15.1 above, we grant you a period of 30 days from the date of delivery of the products to make returns of the products.
You will bear the direct costs of returning the product. In this case, remember that you must send, along with the products, a printed copy of the electronic ticket that you will have received along with the Shipping Confirmation.
You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above, although if you inform us of your intention to withdraw from the contract after the legal withdrawal period, you must in any case deliver the goods to us within 30 days from from the date of delivery of the products.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you should be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that accompany it. You can make returns by post at the above address. You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact form.
15.4 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through one of our customer service channels, providing the details of the product as well as the damage it suffers. The product can be returned by post or by sending it to the address indicated above. We will proceed to carefully examine the returned product and we will notify you by email within a reasonable period of time if the refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned due to some defect or defect, when it really exists, will be fully refunded, including delivery costs incurred to deliver the item to you. The return will be made in the same payment method that was used to pay for the purchase.
16. LIABILITY AND RELEASE OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product. However, and unless legal provision to the contrary, we will not accept any responsibility for the following losses, regardless of their origin:
loss of income or sales;
loss of business;
loss of profit or loss of contracts;
loss of anticipated savings;
data loss; and
loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the opposite in it.
If you contract as a consumer and user, we offer guarantees on the products that we market through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from delivery of the product.
It is understood that the products are in accordance with the contract as long as (i) they comply with the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and benefits of a product of the same type that are
In this sense, if any of the products is not in accordance with the contract, you must inform us by following the procedure detailed in section 15.4 above and through any of the means of communication provided for this purpose.
18. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyrights, trademarks and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. You may make use of such material only in the manner expressly authorized by us or by those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally entering viruses, Trojans, worms, logic bombs, or any other technologically harmful or harmful program or material. You will not try to gain unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our web page. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from the same or to which it redirects.
20. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from its use.
21. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should preferably be sent through our or email firstname.lastname@example.org or email@example.com. In accordance with the provisions of clause 2 1 above and unless otherwise stipulated, we may send you communications either by e-mail or at the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email was sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered by post or mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
23 ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assigns and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have recognized by law nor will they void, reduce or limit in any other way the guarantees, both express and tacit , that we could have given him.
24. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Force Majeure"). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
The lack of requirement on our part of the strict compliance by you of any of the obligations assumed by you by virtue of a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of of said contract or of the Conditions, will not suppose any resignation or limitation in relation to said rights or actions nor will it exonerate you from fulfilling such obligations. No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the previous Notifications section.
26. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
27. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before the same, except as expressly mentioned in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
28.OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, with possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice.
If you do not agree with the modifications made, we recommend that you do not use our website.
29.APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with such contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts. If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any queries, complaints or claims through our email firstname.lastname@example.org, the telephone number or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our email email@example.com.
Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will inform you and allow you to monitor them.
If you as a consumer consider that your rights have been violated, you can send us your complaints through our email firstname.lastname@example.org in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been made online through our website, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an out-of-court dispute resolution regarding consumption accessible through the Internet address https://ec.europa.eu/consumers/odr/.
Last modified: May 05, 2020
Model withdrawal form
(you only have to fill in and send this form if you want to withdraw from the contract)
For the attention of YOURBAN INDUSTRIAS TEXTILES. acting under the trade name YOURBAN, Paseo de Extremadura 122 1D Madrid, Community of Madrid 28011 Spain. email@example.com
I hereby inform you that I withdraw from my sales contract for the following property: Order on / received on (*)
Name of the consumer:
Consumer signature (only if this form is submitted on paper)
(*) Strike out what does not apply