GENERAL TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION
These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you (the "Terms"). These Terms set out the rights and obligations of all users and those of YFSPAIN in relation to the goods/services offered by us through this website or any of the other websites to which we may link (hereinafter collectively known as the "YFSpain Services"). Before you click on the "Process order" button at the end of the ordering process, please carefully read these Terms and our Data Protection Statement. By using this website or placing an order through it you are consenting to be bound by these Terms and our Data Protection Statement. If you do not agree to all of the Terms and the Data Protection Statement, do not place an order.
The following General Terms and Conditions of Sale govern the offer and sale of products on our web site ("yfspain.com"). The products purchased on yfspain.com are sold directly by YOUNG FASHION SPAIN, S.L. ("YFSPAIN"), with registered office in Spain at Calle Jorge Juan, 30 – 28001 Madrid, tax code and VAT number B85694206
Remember you can also contact YFSPAIN by e-mail (info@yfspain.com) or by phone +34 91 636 56 34.
2. USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and the YFSpain Services, and replace all other conditions, except with the express, prior written agreement of YFSpain. You agree that, by placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
You agree that:
You may only use the website to make legitimate enquiries or orders.
You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Statement).
If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
3. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
4. OUR BUSINESS POLICY
4.1
YFSPAIN offers products for sale on yfspain.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
4.2
"Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on yfspain.com.
4.3
YFSPAIN reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with YFSPAIN's business policy.
4.4
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on yfspain.com between the users of yfspain.com and YFSPAIN.
4.5
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on yfspain.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since YFSPAIN shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of yfspain.com and third parties.
5. HOW TO EXECUTE A CONTRACT WITH YFSPAIN
5.1
In order to place an order for the purchase of one or more products on yfspain.com, you must fill out the online order form and send it electronically to YFSPAIN, following the relevant instructions.
5.2
An order shall be deemed submitted when YFSPAIN receives your order form electronically and the order’s information has been verified as correct.
5.3
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
5.4
The order form will be filed in our data base for the time required to process your order and as provided by law.
5.5
Before submitting the order form, you will be asked to identify and correct possible input errors.
5.6
The submission of orders to YFSPAIN must be in English.
5.7
After your order form has been submitted, YFSPAIN will process your order.
5.8
YFSPAIN may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that YFSPAIN has not carried out your purchase order specifying the reasons thereof. If the products displayed on yfspain.com are no longer available at the time of your last access or once YFSPAIN has received your order form, YFSPAIN shall inform you of the unavailability of the ordered products within thirty (30) days from the day after YFSPAIN has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, YFSPAIN will refund the amount paid for those items.
5.9
By submitting an order form to YFSPAIN, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with YFSPAIN. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on yfspain.com.
5.10
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on yfspain.com
5.11
Upon submission of an order form, YFSPAIN shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form.
6. GUARANTEES AND PRODUCT PRICE INDICATION
6.1
The main characteristics of products are shown on yfspain.com on each product page. The products offered for sale on yfspain.com may not exactly correspond to the real products in terms of image and colours due to the Internet browser or monitor used.
6.2
Prices are subject to change. Check the final price of sale before sending the relevant order form.
6.3
Orders made from a Country different from the European Union – Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (Continental), Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (except Canary Islands, Ceuta and Melilla), Sweeden, United Kingdom - or to addresses to which YFSPAIN cannot ship, will be automatically cancelled.
6.4
Should you decide to exercise your right to return purchased products, YFSPAIN has the right to not accept returned products that have been altered from their original status or damaged.
7. PAYMENTS
7.1
Payment of the product must be made by using one of the procedures indicated on the order form.
7.2
In case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to BANKINTER or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by YFSPAIN except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police.
8. SHIPPING AND DELIVERY OF THE PRODUCTS
For specific product shipping and delivery procedures, please visit the the Shipping section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
9. CUSTOMER CARE
For any information requests, YFSPAIN can be contacted via e-mail at info@yfspain.com or by phone at the number +34 91 636 56 34.
10. RETURNS
10.1
You may return products purchased from yfspain.com, without any penalty and without specifying the reason, within 10 (ten) days from receiving the products purchased on yfspain.com. Is it not possible, however, to change the purchased product for another one.
10.2
It is necessary to return the items to YFSPAIN by giving them back to the courier within 10 (ten) days from the date on which the items are delivered to you.
10.3
The return right - besides compliance with the terms and procedures described at par. 10.1 and 10.2 above - shall be deemed correctly exercised once the following conditions have been fully met:
the products must not have been used, worn, washed or damaged;
the identification tag must still be attached to the products;
the products must be returned, complete and unused, in their original packaging (if you want to return a kit, it must include all of its components);
the products must be returned in just one envoy (YFSpain holds the right to deny the acceptance of products from same order that have been returned in different moments)
returned items must be delivered to UPS within 10 (ten) days from the date the package was delivered to you.
10.4
If the return right is exercised in conformity with the provisions set forth in this section, YFSPAIN shall refund the amounts paid for the returned products.
10.5
In the event that your return does not comply with the terms and conditions set out in this section of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to YFSPAIN; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to YFSPAIN. If you do not wish to receive the products in the conditions in which they were sent back to YFSPAIN, YFSPAIN shall be entitled to keep the products and withhold the sums already received.
11. REFUND TIMES AND PROCEDURES
11.1
After the products have been returned, YFSPAIN shall check the conformity of the products with the conditions indicated in section 10 above. When YFSPAIN is able to confirm that such conditions have been met, YFSPAIN shall send you an e-mail confirming the acceptance of the returned products.
11.2
Whatever payment type you used, the refund procedure shall be started by YFSPAIN within thirty (30) days from when YFSPAIN was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.
11.3
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by YFSPAIN to the individual who made the payment.
11.4
The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses. If you’ve paid with PayPal, refund will be made to your PayPal account inmediately you’ve received the return acceptance confirmation e-mail. The actual reimbursement to the Credit Card associated with your PayPal account depends on the company that issued the card but normally should be within 30 days.
11.5
YFSPAIN has chosen UPS (visit http://www.ups.com/) as YFSPAIN's official package delivery company for returning products purchased on yfspain.com. You may return products to YFSPAIN through UPS by using the pre-printed label enclosed in the package in which the products were delivered. This enables YFSPAIN to pay for the shipping costs and to track the package at any time.
11.6
If you decide to return products using a different shipping company other than the one indicated by YFSPAIN, YFSPAIN will not be responsible for the shipping costs or for any loss or damage to the products.
12. DATA PROTECTION
All personal details received will be handled in accordance with Organic Law 15/99 of 13 December on Personal Data Protection and other current Spanish regulations. The users of this web site can at all times, access, amend and cancel all the data included in the registry form, in writing, by e-mail or by post to the address:
YFSpain, YOUNG FASHION SPAIN, S.L.
Avda. Lazarejo, 13 – Portal 9 – 3º
28232 Las Rozas (Madrid), Spain.
The information you submit to YFSpain will only be used to process purchase orders and to facilitate navigation and purchase of YFSPAIN items, as well as to inform you by e-mail and/or post of new products, special offers and news in connection with this web site and/or YFSPAIN in general.
Cookies:
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our Website.
For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
Cookies help us to improve our Website and to deliver a better and more personalised service. They enable us:
To estimate usage numbers and patterns.
To store information about your preferences, and so allow us to customise our Website according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website or unable to avail of any of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
13. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. GOVERNING LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Spanish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Madrid (Spain).
Nothing in this clause will affect your statutory rights as a consumer.
17. AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on yfspain.com.