Purchase conditions

  1. INTRODUCTION

This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.the-are.com) and the purchase of products on it (hereinafter, the " Terms").

Please read these Conditions, our Cookies Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and the Protection Policies of Data, you should not use this website.

If you have any questions related to the Conditions or the Data Protection Policies you can contact us through oure-mail contact@the-are.com.

The purpose of the website is to offer and advertise the sale of all kinds of fashion.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or client, you expressly declare to know, understand and accept the conditions of use and these general contracting conditions. In the same way, you declare to be of legal age and have the legal capacity and to act necessary to access the website www.the-are.comand contracting through it.

 

  1. OUR DATA

The General Contracting Conditions regulate the distance selling relationship between Youandi Infinite S.L. (hereinafter THE-ARE) and the user or client, in accordance with the legal stipulations, especially Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27 amending the revised text of the General Law for the Defense of Consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of 15 of January of Retail Trade Organization, and to Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.

 

  1. 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.

 

  1. USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

  1. Make use of this website only to make legally valid queries or requests.
  2. 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.
  3. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use this information to contact you if necessary (see our Privacy Policy).

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.

 

  1. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure and click "Finish the order". Next, you will receive a confirmation 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"). For more information, presshere.

 

  1. AVAILABILITY OF PRODUCTS

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will contact youand we will give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.

 

  1. 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.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting the customer service by phone +34 684 251 093 (Monday to Friday from 10:00 a.m. to 6:00 p.m.), or from the email address contact@the-are.com, as well as exercising the right of rectification contemplated in our Privacy Policy through the same email.

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. Also, this website offers the details of all the items that you have added to your cart 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 .

 

  1. SHIPPING AND DELIVERY

Unless there are circumstances arising from the customization 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 in the Guide menu purchase (Shipping) according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

Regarding the virtual gift card, we will send it to your email in a maximum of 24 hours. Being as a general rule in less than 1h. 

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. Keep in mind, 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.

The virtual gift card will be understood as delivered in accordance with the provisions of the Gift Card Terms of Use and, in any case, on the date it is sent to the email address indicated by you.

For more information press here.

 

  1. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to make the delivery,the messenger will try to reach you by phone. If you do not succeed, you will leave a notification in a visible place (front door, mailbox, etc.) where a contact phone will appear to request a new delivery. The second delivery will be made on the agreed date by phone. In the event that delivery cannot be made during this second attempt, the package will be deposited with the agency until a new delivery date is agreed.

In the event that 15 days after your order is available for delivery, and the order has not been delivered for a reason not attributable to us, the courier will return the package to us. As a consequence of the re-dispatch of the package, the client must pay the amount of the shipping costs again so that we can send the package to your address again.

This clause does not apply to the virtual gift card, the delivery of which will be governed by the provisions of the Gift Card Conditions of Use and by the provisions of clause 8 above.

 

  1. 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 8 above), if This would take place at a later time.

 

  1. 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 as set out in our Buying - Shipping Guide.

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 purchase 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, American Express and Affinity Card and PayPal as a means of payment. You can also pay all or part of the price of your purchase with a gift card. * We do not accept prepaid cards. Additionally, you can pay the price of your order by cash on delivery in exceptional cases, for this you must contact for this type of payment.

To minimize the risk of unauthorized access, your credit card details will be encrypted.

By clicking "Finish the order" 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.

 

  1. BUY AS A GUEST

This website also allows purchasing through the purchase functionality as a guest. In this purchase method, you will only be asked for the essential information to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.

 

  1. VALUE ADDED TAX AND BILLING

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 as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that which is 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. But if you cannot pick it up personally and we have to send it to you, you will have to bear the costs of the carrier.

 

  1. RETURN POLICY

14.1 Legal right to cancel 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 material possession of the goods or in case the goods that make up your order are delivered separately. To exercise the right of withdrawal, you must notify us at THE-ARE, at the address: C / Grabado Esteve 9, 46004 Valencia, Spain, by phone +34 684 251 093 (Monday to Friday from 10:00 a.m. to 6:00 p.m.)writing to email contact@the-are.comyour 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 comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

Consequences of withdrawal:

In case of withdrawal on your part, we will refund all payments received from you, excluding shipping costs 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 will proceed to make such refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have presented proof of their return, depending on which condition is met first. It is clear that the time elapsed between the request for change or return and the garments are received in our warehouses cannot exceed 14 calendar days.

You must return or deliver the products directly to us in any of the THE-ARE stores in Spain or deliver the products by postal return THE-ARE, C / La Safor 5, 46940 Manises, Valencia, Spain, without any undue delay and, in any case, at the latest within 14 calendar days from the date you receive the order. The deadline will be considered fulfilled if you return the goods before the deadline has expired.

Unless you return the goods at a THE-ARE store in Spain, you must bear the direct cost of returning the goods. Always, whether in stores or online, you must send, along with the products, a printed copy of the PDF indicated in the exchange and return conditions for us to know what order it is. Without that sheet, we will not be able to return.

14.2 Contractual right of withdrawal.

In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 14.1 above, we grant you a period of 14 days counting from the date of delivery of the products to make changes or returns of the products (except for those mentioned in clause 14.3 below, in respect of which the right of withdrawal is excluded). Within these 14 days we have to receive the items in our stores or warehouses. The return of the gift card is governed by the Gift Card Conditions of Use.

In the event that you change or return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, you will be reimbursed only the price paid for such products. You will be responsible for the direct costs of returning the product when you do not return it at one of THE-ARE stores in Spain. In that case, remember that You must send, along with the products, a printed copy of thePDFindicated in theexchange and return conditionsfor us to know what order it is. Without that sheet, we will not be able to make a return.

You can exercise your right of withdrawal in accordance with the provisions of clause 14.1 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 14 calendar days counted from the date of delivery of the products.

14.3 Common provisions

You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:

* Custom items.

* The entire Accessories section.

* Goods sealed for hygiene reasons that have been unsealed after delivery.

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 at our THE-ARE store in Spain or by post.

  • Returns at THE-ARE store in Valencia and Madrid:

You can return the products to us at our THE-ARE store in Valencia. In this case, you must go and deliver along with the articlea printed copy of thePDFindicated in theexchange and return conditions. And you must also present the electronic ticket showing it digitally through the screen of your mobile device or taking it printed to the store.

  • Return and postal exchange:

You can deliver the products by postal return assuming the costs. You must leave the item in the same package in which you received it and follow the instructions in the section "Returns & Exchanges”In the menu below the website or the email itself. If you have made a purchase as a guest, you can request to return the products by contacting us through any of our Customer Service channels.

In the event that you send it on your own, remember that you must send, along with the products,a printed copy of thePDFindicated in theexchange and return conditions. Please note that if you decide to return the items to us freight collect, we will not accept the package.

After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and you will see it reflected in your account within a maximum period of 14 days. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. The refund will always be made in the same payment method that you used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made through a credit card or ticket.

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 oure-mail contact@the-are.com or calling the phone+34 684 251 093 (Monday to Friday from 10:00 a.m. to 6:00 p.m.).

Returns of orders with the 'Store Pickup' option in Valencia or Madrid, if after 5 days from when your order is available for pickup (you will have received the email "Arrival confirmation order to store"), the order has not been collected for a reason not attributable to us, the withdrawal period of 14 calendar days for exchange or refund will begin to count. In case of withdrawal on your part, with return of the package in store, we will refund all payments received from you and proceed to make such refund using the same payment method used for the initial transaction.

14.4 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 our email contact@the-are.com Facilitating the data of the product as well as the damage it suffers, or by calling the number+34 684 251 093 (Monday to Friday from 10:00 a.m. to 6:00 p.m.) where we will indicate the way to proceed. You can return the product in our stores in Valencia and Madrid in Spain, 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 a defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The return will be made in the same payment method that was used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made by means of a card or a THE-ARE subscription ticket. In any case, the rights recognized by current legislation are safe.

 

  1. 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 otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

* loss of income or sales;

* loss of business;

* loss of earnings 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.

 

  1. GUARANTEE

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 reasonably expected.

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 14.4 above and through any of the means of communication provided for this purpose.

The products we sell, especially handicraft products, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in the grain, in the texture, in the knots and in the color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

 

  1. 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 have licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.

 

  1. 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 have 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.

 

  1. 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.

 

  1. 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.

 

  1. NOTIFICATIONS

The notifications that you send us should be sent preferably through our email contact@the-are.com and unless otherwise stated, we may send you communications either to e-mail or to 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 in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

 

  1. 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, transfers, 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.

 

  1. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, 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:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  5. Inability to use public or private telecommunication systems.
  6. 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.

 

  1. RESIGNATION

The lack of requirement on our part of the strict fulfillment 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 exempt you from fulfilling such obligations. No waiver by us of a specific right or action shall 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.

 

  1. PARTIAL NULLITY

If any of these Conditions or any provision of a contract is 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 to said 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.

 

  1. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any questions, complaints or claims through our email contact@the-are.com, 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 by calling the phone+34 684 251 093 (Monday to Friday from 10:00 a.m. to 6:00 p.m.) or through our email contact@the-are.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.

If you as a consumer consider that your rights have been violated, you can address your complaints to us through the email address contact@the-are.com in order to request an out-of-court settlement of disputes.

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/ .

 

Model withdrawal form

(you only have to fill in and send this form if you want to withdraw from the contract)

To the attention of Youandi Infinite acting under the trade name THE-ARE, C / La Safor 5, 46940 Manises, Valencia, Spain. E-mail: contact@the-are.com

I hereby inform you that I withdraw from my sales contract the following property:

Ordered on / received on (*)

Name of the consumer:

Consumer address:

Consumer signature (only if this form is submitted on paper)

Date

(*) Delete as appropriate