1.-  GENERAL

 

These Terms govern the procurement of products and services offered by YOLANDA VARELA IGLESIAS, NIF 77421144Q henceforth YIV and advertising to its customers and / or users through its online store www.yivclothing.es., Property of YIV with  head office  established in Quarter Apartment # 16, Arcos de Furgos, 36667 Cuntis (Pontevedra).

 

These Terms and Conditions govern the purchase conditions and the rights and obligations arising from the purchase and sale of the items offered through www.yivclothing.es.

 

Definitions and Explanations

 

CUSTOMER – customer is considered anyone netizen who by the procedure outlined in the General Conditions, voluntarily register their details on the online store www.yivclothing.es order to make a purchase.

 

SELLING PART.- YOLANDA VARELA IGLESIAS is considered SELLING PART, NIF 77421144Q (YIV).

 

CUSTOMER recruited through the online store owned by YIV buying the goods, with the criterion and procedures that these General Conditions of contracting are described.

 

GENERAL CONDICTIONS OF CONTRACT: - Standards are related in this document, unilaterally set by YIV, www.yivclothing.es  website owner.

 

These conditions are to regulate the operation for the purchase of electronic products offered through the website YIV, and have to be accepted by the Client through the mechanisms listed below. Any controversy or dispute between the CLIENT and THE VENDOR, exceeding the regulation of these Terms will be settled just as applicable law.

 

Acceptance of the General Conditions of Contract.

 

 

The use by the Client of these services, electronic sales, presupposes an understanding and acceptance of these General Terms and Conditions as published in www.yivclothing.es,  forming integral and inseparable part of the sales  agreement, which both parties force and the effectiveness of operating at the time of signing the order at the request of CLIENT, through contracting mechanisms will be specified later, all in accordance with the predicted of art. 1255 of the Civil Code which enshrines the principle of autonomy of the will and agreements between the contracting parties.

 

These conditions are available on the web page www.yivclothing.es, button in the General Conditions, and it is indispensable that the Client reads and affirms understand and accepts the Terms and Conditions before proceeding with a purchase requisition.

 

YIV reserves the right to change, wholly or partially, these general conditions to apply the new agreed upon from the moment of its publication in the page. In any case, these changes will not have retroactive effects on the goods or services previously contracted by the CUSTOMER.

 

Applicable law

 

To ensure in full the rights of consumers and www.yivclothing.es  CUSTOMERS, these General Conditions are established in accordance with the provisions of Spanish law in force at all times, particularly in the Law 26/84 of 19 June for the Defense of Consumers and Users, Law 7/98 of 13 April General Conditions of Contract, Law 47/2002 of  Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of July 11, services of information society and electronic commerce, Law 23/2003 of July 10 of Guarantees in the sale of Consumer Goods and other applicable laws and regulations. (RD1 / 2007).

2.-  CONDITIONS OF ACCESS USER / CUSTOMER ENGAGEMENT MECHANISM

 

The user of the website YIV entitled to free access to public information contained therein, though YIV reserves the right to restrict access to information, special promotions and offers its registered users, hereinafter CLIENTS .

 

Any user accessing the website www.yivclothing.es  entitled to be registered as CLIENT and may therefore benefit from the special offers aimed at collective CUSTOMERS registered if it meets the specific conditions of the offer for each product specified.

 

Public information on the website regarding both www.yivclothing.es  YIV, as each of the brands, products, logos, wholesale companies and manufacturers of products and services offered are protected by the laws on intellectual property, so NOT AUTHORIZED the copy, transfer, assignment, sale or use by the CUSTOMER IS AUTHORIZED. Any use that does not have the express consent of YIV or the product manufacturer or brand owner and logos on the terms provided in paragraph XI Industrial and Intellectual Property Rights.

 

STEP 1: Register CUSTOMER

The user, prior to the execution of the purchase of any products offered through www.yivclothing.es  character, must register their personal facts and circumstances necessary for the execution of the purchase agreement (name or business name, ID / NIF, address, email address, phone / fax and delivery address). Once registered, the user will be considered a CUSTOMER.

 

The personnel system should be finalized with the appointment by the client a personalized access (login) and password (password) to facilitate future operations CUSTOMER purchase. In such a case, the Customer may in its discretion designate the desired key and password, provided they are available or not assigned to other CUSTOMERS. Through an automated process, YIV, if desired by the CLIENT, it will generate the login and the password for the CLIENT.  Are not allowed logins or passwords immorals, offensive, insulting, discriminatory or contravene the provisions of the law, or those with terms concerning trademarks, product names or protected by law or as otherwise provided on Intellectual Property, Industrial contents will not be admitted to rights to privacy, honour and self-image.

 

The CLIENT undertakes to ensure the confidentiality of your own login and password. YIV is exempted from any liability arising from improper use or negligence by the Customer in meeting its obligation of confidentiality of their passwords.

 

For purchases made by credit card, YIV may request the Customer some additional information as well as faxing copy of your identity document and / or credit card.

 

STEP 2: Order Request

The client has a shopping cart, in which he charged on the product you want to buy, if you check the box "I have read and accept the General Conditions of Contract" shall be deemed to CLIENT understands and fully accepts. If, however, the Client do not check the box "I have read and accept the General Conditions of Contract”, will conclude the transaction and not involve the assumption of any obligation by the CLIENT.

 

Once the Requisition through the website, the Customer will receive an email confirming that the application has been submitted successfully. Along with confirmation of receipt of the Requisition, a copy of the "General Conditions" will be delivered.

3.-  PROCESS OF OFFER AND ACCEPTANCE  

 

YIV undertakes to deliver the goods in perfect condition in the direction that the client points the user in the order form, during normal business hours.

 YIV not be liable for errors in delivery caused when the shipping address entered by the user in the order form does not conform to reality or has been omitted.

The maximum time limit for delivery is thirty (30) days, as stated by the law. However, the usual delivery time is 3-12 working days from order date, being the time stimated in Spain from 3 days to 5 working days; U. E. 3 to 7, and 5 to 12 working days in the rest of the countries. Ordering is from Monday to Friday from 9 a.m. to 14 p.m. at working days according to the Spanish calendar. Orders placed outside of these hours will be processed the next business day. 

• These times are average and therefore an estimate. Therefore, it may vary for logistical reasons or force majeure. In cases of delays in deliveries, YIV inform its customers becoming aware of it.

• Each delivery is considered completed from the moment in which the carrier makes the product available to the user, which is achieved through the control system used by the carrier.

• In the case of late delivery of orders attributable to YIV, you may cancel your order in accordance with the procedure described in the Returns section as if a defective order were, without assuming the costs of shipping and return. Will not be considered late delivery cases where the order has been made ​​available to the user by the carrier within the agreed time and was unable to be delivered due to causes attributable to the user.

If at the time of delivery the user is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery.

 

If after 7 working days from the output distribution of the order had not been entered into the delivery, the client must contact with YIV. If the user does not do so, after 10 days from departure to delivery of the order, it will be returned to stores YIV and the user will be responsible for the shipping and return to origin of goods, as well as any costs associated management.

 

If  haven’t  been able to make delivery due to loss of package, our carrier will initiate an investigation. In such cases, YIV will contact the user to decide whether to cancel your order and pays the amount paid (cost of products and shipping charges), or resend a new order at no additional cost.

 

Upon delivery, the user must check the condition of the package to the carrier, on account YIV; make delivery of the product, indicating the delivery note any abnormalities that could be detected in the packaging. If later, after reviewing the product, the user detects any incident as a hit, breakage or any damage caused to it by shipping, it must communicate by e-mail to YIV in the shortest possible time (maximum 5 days) in order to process the return.

 

Portes/Shipping

 

Portes

 

ENVÍO

 

Peninsula, Balearic & Portugal

5,00 €

 

Europe

15,00 €

-

America:

35,00 €

-

Other places:

consult price

-

 Note:  Tariffs and fees are the buyer destination country

 

4.-  Withdrawal  of the Order

The user has 14 calendar days to return your purchase, without stating any cause and assuming only the direct cost of returning.

 

The days will be counted from the day the customer or a third party on its behalf, receives the packet, that is, from the day stated in the delivery note or hand delivery.

 

YIV return all the payments received (amount, VAT and normal shipping rates as they have requested additional conditions as "urgent", this amount will not be refunded).

 

YIV agrees to return the payments in 14 calendar days, at most, since he receives the communication of withdrawal, provided that they have received the product in perfect condition and in their original packaging, including all that had been sent to him and his tags in perfect condition, in the direction of YIV Zip Code # 23, 36670 Cuntis, Pontevedra, Spain. Exceptionally, YIV may withhold payment refund, if, having received notice of withdrawal, even if it had not received the returned merchandise.

 

YIV refunded by the same method used for the purchase, unless the CUSTOMER has expressly indicated at the time of purchase other means of reimbursement.

 

Notwithstanding the above provisions, this precludes the right of withdrawal and / or resolution in those cases in which, by the proper nature of the items to be acquired, it is impossible to carry out. (TO MEASURE AND CUSTOM DESIGNS).

 

You can communicate your desire to discontinue, you can download this document and send it covered and printed to the attention of YIVCLOTHING, YOLANDA IGLESIAS VARELA in PLACE FLAT 16 ARCS FURCOS, CP: 36677 of CUNTIS (Pontevedra) or covered and scanned info@yivclothing.es.

5.-  PRODUCT RETURNS AND EXCHANGES

 

For a return to be accepted, the returned products must meet the following requirements:

 

• The deadline to request a refund or exchange for a product is 30 working days, counting from the date of receipt.

• The product must not be set in the same condition in which it was delivered, and shall keep the labeling and original packaging.

 

• A copy of the delivery note inside the package where the returned products and the reason for return should be included mark.

 

If they were respected the requirements of the above, YIV send the user an e-mail confirming the acceptance of the return, and shall make payment of the amount of the returned products, minus the cost of returning them. Shipping charges will be refunded only order in the case of defective or incorrect products.

 

 

6.-  RATES, FEES AND OFFERS

Prices shown on the screen next to each product shall be expressed in euros with corresponding tax included therein. At this price will be added subsequently the pertinent shipping costs in each case.

 

Any discounts or promotional gifts are freely led by YIV to the collective office at any time by the company, or in terms of the product offered under existing advertising at any time on its website.

 

At one time charges may apply for order management. These charges will be appearing in the shopping cart before the customer complete the Application order request and with an explanatory note.

 

Tenders shall be properly marked and identified as such. YIV reserves the right to make, at any time and without notice, changes it deems appropriate and can update daily and prices depending on the market. The price applicable to the requisition made ​​by the CLIENT is to place on the time of accepting the General Conditions of Contract. Once the order is confirmed, YIV reserves the right to notify the customer of any errors present price in the order, having the power CLIENT able to cancel it order request if the final price will result very different from the one initially, being repaid in applicable, the amount paid and offering alternative possibilities that satisfy the client.

 

Shipping costs to destinations other than the Iberian Peninsula (Spanish territory) are approximate and may vary depending on the volume you have the items on the requisition and specific requirements for international shipments. In this case the service YIV Customer will contact the CUSTOMER for notifying you and request authorization to process the requisition with the new conditions.

 

Product Features .Through recorded on the website menu, the CUSTOMER may obtain information about the product in terms of technical features, description and manufacturer's mark, photograph guidance (if any).

 

Order acceptance and resolutory clause.  At the time of placing the order (option "Order Acceptance" menu) it means the consent given to the CUSTOMER the validity and effectiveness of the sales contract that binds the parties. YIV will store electronically the order. The commitment acquired by the seller to sell and deliver the goods offered is subject to stock the advertised product and its availability while stocks last, so the seller in its commitment to quality and customer service, trying on all times that the products advertised are available. However, in exceptional circumstances interactive multiple orders or those which bring about the end of existing stocks, the order and the contract between the parties shall be void by virtue of this clause, fully restoring the CUSTOMER  in case of prepayment,  the amounts paid by it, without any need for any compensation in respect of any breach of contract, consequential damages, or lost profits parties.

 

 Method of payment: The CLIENT will pay your purchase in advance at the time of shipping Requisition using PayPal or any major credit cards: VISA, MasterCard and others specified in the Shopping Cart cards.

 

In this case the CLIENT agrees that the bank operating the payment gateway included in www.yivclothing.es  charge your credit card in advance the amount stated in the Shopping Cart. For safety reasons, if the personal data provided in www.yivclothing.es are different from the data displayed in the PayPal account used for payment, YIV reserves the right to refuse payment can cancel the request order, though you have doubts that the buyer is not the owner of the PayPal account used. For safety reasons, in case of credit card payment website and therefore manually, YIV may request the customer to forward a copy of your identity document or any other document proving the identity of the CLIENT.

 

YIV reserves the right not to accept payment by credit card, can cancel the requisition, if it had doubts that the buyer is not the owner of the credit card provided and if after having notified the CUSTOMER not want access to use another method of payment.

 

The CUSTOMER may cancel any order request before finally confirming your purchase order. If the order has been confirmed via e-mail or any other means of communication must be adhered to the provisions in "Withdrawal / unilateral revocation of the requested order" of these conditions of buying and selling and delivery of the product contained in the Conditions general.

 

Invoice: Selling and managing billing will be taken directly YIV. The invoice will be sent to the customer with the goods purchased.

 

YIV warns that it can not subsequently modify sales invoices in compliance with current regulations. The invoice will be issued in the name of the person or company placing the order, so the Client must ensure ordering the correct name. They will not be any later changes.

 

Delivery of purchased product: within approximately 15 working days for actual delivery of the product is established as of the complete execution of the order. The delivery of the goods depends on the location where it is to be available to the CUSTOMER.

In the event of delay in excess of 15 working days of the deadline for receipt of the product approximated fixed to the checkout delivery , the CUSTOMER may contact with  YIV phone through Customer Service. YIV will do everything possible to meet the deadline of delivery indicated and if I had known that for any reason can not be met will notify via email or phone to CLIENT. If the delay is due to causes attributable to YIV, CLIENT, upon written complaint (letter, fax or e-mail) may unilaterally cancel the order, restoring it the amounts paid.

 

Location and method of delivery. The order will be delivered to the address designated in the time of recruitment by the CLIENT. The subsequent change of place of delivery requested by the CLIENT may generate additional costs on the selling price will be at the expense of the buyer.

The goods are delivered to the customer through the respective transport company, accompanying invoice data to identify the CLIENT shall be entered, the order and number of packages in the shipment. The goods are at all times covered against the risks of transportation and handling loss. Should check the CLIENT at the time of delivery error with the goods received or that it is visibly damaged, it must be

given those circumstances on the invoice and put in knowledge of YIV of these facts in  ​​within 24 hours in writing (e-mail info@yiv-shop.es). The seller company will pay for the shipping and / or pickup at home and replace the defective product without additional charges. In any case, the customer must verify that the goods have been delivered in perfect condition. Later claims to 24 hours after delivery can not be accepted.

 

The merchandise that has not been delivered within 10 working days (working calendar nationwide) from the output of the same facilities YIV for reasons not attributable to the seller will be returned to it, being the responsibility of the Client's expenses incurred in the new shipment.

 

YIV will serve its products offered on the website only in Spain (peninsula). Orders outside of this area may not be served. In case of receiving a Purchase Requisition from a region where it is impossible to send the requested items, YIV will notify the CUSTOMER within a maximum period of 30 days.

 

Withdrawal / Revocation of unilateral requested order:

 

In accordance with the provisions of Law 47/2002 Ordinance of the Retail Trade, CLIENT (natural or legal persons who purchase, use or enjoy the product as final target) is entitled to request the revocation of the order within seven working days from receipt thereof. Any return, withdrawal or revocation in the execution of the purchase agreement shall be communicated in writing to THE VENDOR.

 

For a refund, the customer must communicate with THE VENDOR. by e-mail, or mail, to establish appropriate channels of return (return number, shape and delivery address for the return shipping). When exercising this right of withdrawal by the customer will return costs and the damage sustained by the product or merchandise. THE VENDOR will accept only minimal wear product exclusively because they test for take a decision about their final acquisition without altering the condition of the product at the time of delivery. In cases of excessive use of the property such return is not accepted. The management of the returned product must be performed by the customer (advise insure the goods) and is absolutely essential that we arrive PREPAID.

 

The seller company will not be responsible for refunds on products handled by the CLIENT, or those goods that are returned incomplete both in its main elements as accessories.

 

There shall be no right of withdrawal beyond the deadline, or on products subject to fluctuations in market not controlled by YIV or on perishable items, items that can be easily reproduced with immediate or which by their nature can not be returned character. Nor will proceed the withdrawal about goods or orders that may be considered for its special characteristics tailored as requested by the customer.

 

Are not considered consumer and CUSTOMERS who without becoming final recipients acquire, store, use or consume goods or services, in order to integrate them into processes of production, processing, marketing or provision to third parties, which do not benefit from the rights granted to consumers.

 

Instructions for sending returned products

The goods will be refunded for YIV delivered to the carrier for shipment.

 

To avoid any incident, it is necessary that the products they are protected by an outer packing - as Customer has received at home- and avoid any kind of damage or handling of original product packaging during transport. For any questions concerning the proper delivery of products, please consult our Customer Service department.

 

 

7.-  PRODUCT WARRANTY

  

The guarantee of the products sold by YIV, lends and set under the rules contained in Law 47/2002 Ordinance of Retail Trade and regulations at all times, legal framework that aim to facilitate the consumer to demand options sanitation when the purchased not in accordance with the contract, giving it the option to require the repair or replacement of the goods, unless that this is impossible or disproportionate. When the repair or replacement is not possible or are disproportionate, the consumer may claim a reduction of price or cancellation of the contract.

 

Warranty Period

In case of lack of conformity of the product, the vendor be liable for any lack of conformity becomes apparent within two years. The computation of the warranty shall begin on the day of delivery.

 

The customer must inform the seller of the lack of conformity within two months after he has knowledge of it. However, only 6 months after delivery is presumed that the lack of conformity existed at the time of delivery, correspond to the buyer to prove, in the remaining 18 months (this is, from the seventh to finish the two years ) that the property was not in line, all in accordance with Article 9 and following of the aforementioned  Act. Commercial Warranty:  The manufacturers may offer additional guarantees; the extent and duration differ between products and brands. Such guarantees will be exclusively charge of the manufacturer which is obligated to them.

 

Limits on the guarantee

Under the legislation in force, the seller is obliged to deliver to the consumer goods that are compliant with the contract of sale. Therefore, the seller shall be liable to the consumer for any lack of conformity which exists at the time of delivery. In legal terms is recognized to the consumer the right to reparation of the good, his replacement, to the reduction of the price and wing contract. Customers benefit from the guarantee offered by the firm YIV, pursuant to Law 7/1996 of 15 January on  the Ordination of the Retail Trade.

 

Defects or damage due to incorrect use or handling of items or wear caused by normal use of the same are not included in this guarantee, as well as damages, or incorrect use of the washing instructions, that come in each garment.

 

YIV is a brand that offers a vintage product that has gone through many washings and manual processes for their preparation stained to achieve an aged appearance. This means, certain irregularities, which are assumed as part of the design.

 

8.-  EXONERATION FROM RESPONSABILITY

YIV not be liable for interruptions that happen in electrical or telecommunications services that prevent to CUSTOMERS use offered services.

 

9.-  JURISDICTION

These Terms are governed by Spanish law. The parties submit, at its option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts of the user /client’s home address.