Terminos y Condiciones

1. INTRODUCTION

This document (together with all the aforementioned documents) sets out the conditions that govern the use of our website ( www.yoga-crowd.com ) and the purchase of products on it (hereinafter, the “Conditions”). 

Please read these Terms, our Cookie 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 agree to be bound by these Terms and our Data Protection Policies, so if you do not agree with all of the Terms and the Data Protection Policies, you should not use this website. 

If you have any questions regarding the Conditions or the Data Protection Policies, you can contact us through our contact form . 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

The sale of items through this website is carried out under the name Yoga Crowd, YC by Yoga Crowd SL, a Spanish company with registered office at Cami Serra 8, registered in the Commercial Registry of …………., in Volume ……….., General Section, Folio ………, Sheet ……….., and NIF ………….., with telephone number ………………. and email address info@yoga-crowd.com . 

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information and personal data that you provide us will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us is true and corresponds to reality. 

4. USE OF OUR WEBSITE

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

1. Use this website only to make legally valid inquiries or orders.
2. Do not make any false or fraudulent orders. If it could reasonably be considered that a false or fraudulent order has been made, we will be entitled to cancel it and inform the relevant authorities.

    

3. Provide us with your email address, postal address and other contact information in a truthful and accurate manner. You also 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 require, we will not be able to process your order.
4. 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. HOW TO PLACE AN ORDER

To place an order, you must follow the online checkout procedure and click on “Authorize payment”. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email when your order is being shipped to you (the “Shipping Confirmation”). An electronic ticket with the details of your order will also be attached to the Shipping Confirmation (the “e-ticket”). 

6. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you may modify it in the “My Account” section. 

In any case, you may correct errors related to the personal data provided during the purchasing process by contacting customer service by phone …………………, or by email at info@yoga-crowd.com .

This website displays confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the details in these sections have not been provided correctly. This website also provides details of all the items you have added to your basket during the purchasing process, so that you can modify the details of your order before making the payment. 

If you detect an error in your order after completing the payment process, you must immediately contact our customer service team, at the telephone number or email address mentioned above, to correct the error. 

7. AVAILABILITY OF PRODUCTS

All orders are subject to product availability. If there are any difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid. 

8. DELIVERY

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the selected shipping method.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. 

For the purposes of these Conditions, “delivery” or the order will be deemed to have taken place when you or a third party indicated by you acquire physical possession of the products , which will be confirmed by the signature of receipt of the order at the agreed delivery address. 

9. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe place, your order will be returned to our warehouse. We will also leave you a note or send you an email explaining where your order is and how to get it delivered to you again. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day. 

If, after 10 days from the date your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without 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 note that transport resulting from the termination may have an additional cost, so we will be authorized to pass on the corresponding costs to you. 

10. TRANSFER OF RISK AND OWNERSHIP

The risk in the products will pass to you from the time of delivery. You will own the products when we receive payment in full of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later. 

11. PRICE AND PAYMENT

Prices on the website include VAT (where applicable) but exclude shipping costs, which will be added to the total amount due.

Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you wish to purchase, they will be added to your basket 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 at each step. Also, during the purchase process, before making the payment, you can modify the details of your order. You will find a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user , you will find a detail of all the orders placed in the My Account section. 

You can use Visa, Mastercard, American Express and Affinity Card as payment methods, as well as the Sofort payment method (payment by transfer), PayPal and Bizum (subject to the availability and operation of each banking entity and its app). 

To minimize the risk of unauthorized access, your credit card details will be encrypted. By clicking “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 are subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.

12. BUY AS A GUEST

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 deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for 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. 

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. 

You expressly authorize us to issue the invoice in electronic format. However, you may indicate at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in that format. 

13. VALUE ADDED TAX

13.1 Legal right to withdraw from the purchase 

Right of withdrawal 

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 5 calendar days without the need for justification. 

The withdrawal period will expire after 5 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or, if the goods making up your order are delivered separately, after 5 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify Yoga Crowd at the address: ……………………….., or by writing to us at the email address info@yoga-crowd.com of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post or email). 

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the withdrawal deadline expires. 

Consequences of withdrawal 

In the event of withdrawal on your part, we will refund all payments received from you, including delivery charges to the initial delivery address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any case, no later than within 5 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction unless you indicate otherwise, expressly detailing the means of payment through which you wish us to make the refund. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have supplied proof of the return of the same, depending on which condition is met first. 

You must return or deliver the products directly to Yoga Crowd at the address Calle …………………………., Spain , without undue delay and, in any case, no later than within 5 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the deadline has expired. 

In any case, remember that you must deliver, along with the products, a printed copy of the electronic ticket that you received attached to the Shipping Confirmation or show the ticket. 

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

13.2 Contractual right of withdrawal 

In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 13.1 above, we grant you a period of 30 days from the date of Shipping Confirmation to return products (except those mentioned in clause 13.3 below, for which the right of withdrawal is excluded). 

If you return the products within the contractual period of the right of withdrawal, but after the legal period has elapsed, you will only be reimbursed for the price paid for such products. In this regard, if you no longer have the original packaging in which you received the items, you can return them in any packaging, provided that this ensures that the items are not lost and are intact, following the instructions you will find in the “Returns” section of this website. You will be responsible for the direct costs of the return. 

You may exercise your right of withdrawal in accordance with the provisions of clause 13.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within 30 days from the date of Shipping Confirmation. 

13.3 Common provisions 

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

1. Personalized items
2. Sealed goods that are not suitable for return due to health or hygiene reasons and 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 condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, for products that are not in the same condition in which they were delivered or that have suffered any damage, so you must take care of 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 may accompany it. 

Returns via courier: 

You must contact us through our return request form so that we can arrange for a collection from your home. If you no longer have the original packaging, you can return the product in any packaging, provided that it ensures that the items are not lost and that they are intact, following the instructions you will find in the “Returns” section of this website. If you have made a purchase as a guest, you can request a return of the products by post, using the link that will have been sent to you with the Order Confirmation. After carrying out the appropriate checks, you will receive an email with a label, which must accompany the package. 

Please note that, once the order has been delivered, if you exercise the legal or contractual right to withdraw, when you are the one who organizes the transport of the order, without said service having been offered by us, we will not be able to assume the risk of the return package when it refers to causes not attributable to Yoga Crowd. 

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. Refunds of shipping costs will only be made when the right of withdrawal is exercised within the legal period and all items comprising the order in question are returned. Refunds will be made as soon as possible and, in any case, within 30 days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. Refunds will always be made using the same payment method you used to pay for the purchase. If you have any questions, you can contact us through any of the options listed in the Contact section of our Website and Apps. 

13.4 Returns of defective products 

In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately using our contact form providing the details of the product as well as the damage it has suffered, or by calling the telephone number ………………… where we will tell you how to proceed. 

The refund or replacement of the item will be made as soon as possible and, in any case, within 30 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 products that are returned due to a defect or fault, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs, if applicable, that you have incurred to return it to us. The refund will be made in the same payment method that you used to pay for the purchase. In any case, the rights recognized by current legislation are protected. 

13.5 Right of withdrawal and return of orders from abroad. 

If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 13.1, 13.2 and 13.3 above will apply. 

We also inform you that under no circumstances (with the exception of the provisions of clause 16.4 to which this clause 16.5 does not apply) will we be obliged to reimburse you for shipping costs other than those incurred to the original delivery address in Spain or return costs from a destination outside Spanish territory. 

14. EXCHANGE/RETURN POLICY

If you contract as a consumer and user, you have the right to corrective measures, free of charge, in the event of non-conformity of the goods. We offer guarantees on the products we sell through this website, in the terms legally established for each type of product, and are therefore responsible for any lack of conformity that becomes apparent within a period of one year from the delivery of the product. 

It is understood that the products comply with the contract provided that (1) they fit the description made by us and possess the qualities that we have presented on this website, (2) they are suitable for the uses to which products of the same type are ordinarily intended and (3) they present the usual quality and performance of a product of the same type that are reasonably expected. 

In this regard, if any of the products does not comply with the contract, you must notify us following the procedure detailed in section 13.4 above and through any of the means of communication provided for this purpose. 

The products we sell, especially handicraft products, may often exhibit characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colour, are not to be considered defects or flaws. Rather, they should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and should be accepted as part of the individual appearance of the product. 

Our commercial guarantee will not affect your rights under current legislation. 

15. LIABILITY AND DISCLAIMER OF LIABILITY

Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product. 

However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin: 

1. loss of income or sales;
2. loss of business;
3. loss of profits or loss of contracts;
4. loss of expected savings;
5. data loss; and 
6. 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 information transmitted and obtained through this website unless otherwise expressly stated on this website. 

16. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content supplied as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy your order information or Contact details. 

17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful or damaging material. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. 

Failure to comply with this clause may result in the commission of a criminal offence under applicable law. We will report any breach of such law to the relevant law enforcement authorities and will cooperate with them in order to discover the identity of the offender. In addition, if you breach this clause, you will immediately cease to be authorised to use this website. 

We will not be liable for any loss or damage resulting from a distributed denial-of-service attack, viruses or other technologically harmful or damaging material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content posted on it, or on any website linked to it. 

18. LINKS FROM OUR WEBSITE

Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only, and we have no control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from their use. 

19. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you should be in writing. By using this website, you agree that most of the communications with us will be 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 you acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition does not affect your statutory rights. 

20. NOTIFICATIONS

Any notices you send to us should preferably be sent via our contact form . Subject to clause 19 above and unless otherwise stated, we may send you notices either by email or to the postal address you provide when placing an order. 

Notices shall be deemed to have been received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. To prove that service has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or mailbox and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient. 

21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding on both you and us, as well as on our respective successors, assigns and legal representatives. 

You may not transmit, assign, charge or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent. 

We may transfer, assign, charge, subcontract or otherwise transfer a contract, or any of our rights or obligations under it, at any time during its term. For the avoidance of doubt, such transfer, assignment, charge or other transfer shall not affect any statutory rights you may have as a consumer nor shall it void, reduce or otherwise limit any express or implied warranties we may have given you. 

22. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performance of any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). 

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following: 

1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. 

Obligations shall be deemed to be suspended for the period in which the Force Majeure Event continues, and we shall have an extension of the time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We shall use all reasonable means to terminate the Force Majeure Event or to find a solution that will allow us to perform our obligations despite the Force Majeure Event. 

23. WAIVER

Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any of the rights or remedies to which we are entitled under a contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations. 

No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from a contract or the Terms. No waiver by us of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notices section above. 

24. DIVISIBILITY

If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity. 

25. INTEGRITY OF THE CONTRACT

These Terms and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter of these Terms and supersede any previous understanding, agreement or arrangement between you and us, whether oral or in writing. You and we acknowledge that we have agreed to enter into a contract without relying on any representation or promise made by the other party or which may be inferred from any statement or writing in negotiations between us prior to this contract, except as expressly mentioned in these Terms. 

Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or in writing, prior to the date of any Contract (unless such  untrue statement was made fraudulently) and the other party’s only remedy will be for breach of contract as provided in these Conditions. 

26. RIGHT TO MODIFY THE CONDITIONS

We reserve the right to modify the Terms and Conditions. Any modifications made will not be retroactive. 

If you do not agree with the changes made, we recommend that you do not use our website. 

27. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products through said website shall be governed by Spanish law. 

Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. 

If you are contracting as a consumer, nothing in this clause will affect the rights that you as such are recognized by current legislation. 

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcome. Please send us any such comments and suggestions, as well as any queries, complaints or claims, by using our contact form , 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 contact form . 

Your complaints and claims to our customer service department will be dealt with as soon as possible and, in any case, within a maximum period of one month. 

In this regard, if the purchase between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an extrajudicial resolution of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.