Terms of service
Accessing and browsing this website, or using its services, implies express and full acceptance of these General Conditions and the documents mentioned therein. We therefore recommend that you read them carefully. If you do not agree with their content, you should not use this website. If you have any questions about the General Conditions or the Privacy and Cookies Policies, you can contact us by any of the means described below.
1. LEGAL INFORMATION
The owner of this website is Yolanda García Tolón.
2. TERMS AND CONDITIONS OF USE OF OUR WEBSITE
By using our website and placing orders through it, you agree to:
- Not to place any false or fraudulent order, nor to register or place orders by deliberately providing false or inaccurate data or by impersonating a third party.
- Not to carry out any action aimed at damaging, blocking, deteriorating, rendering useless, overloading, temporarily or permanently, the functionalities, tools, contents and/or infrastructures of the website, in such a way as to prevent its normal use.
- Not to use any of the materials and information contained on this website for illicit purposes or effects, expressly prohibited in these General Conditions of Use, or contrary to the rights and interests of YOLANDA TOLÓN, its users and/or third parties.
- Periodically review these General Conditions, or any others that may be applicable, checking for any modifications that may have occurred.
Likewise, the introduction of hyperlinks for commercial purposes on websites not belonging to YOLANDA TOLÓN, which allow access to our website, is expressly prohibited without prior consent.
- The existence of hyperlinks on external websites does not in any case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by YOLANDA TOLÓN of its contents or services.
-The User will be liable for damages of any kind that YOLANDA TOLÓN or any third party may suffer as a result of non-compliance with any of the obligations to which he/she is subject by virtue of these General Conditions or the law in relation to access and/or use of this page.
3. AVAILABILITY OF THE SERVICE
The items offered through the website www.yolandatolondesign.com will be available in the following territories: Europe, America, Australia and Asia, except Russia and North Korea.
4. ORDERING
To place your order, you must follow the online purchase procedure and click on "Authorise payment". If your offer is accepted by YOLANDA TOLÓN, you will receive an e-mail confirming that your order has been processed (the "Order Confirmation"). We will also inform you by e-mail that the product has been shipped (the "Order Confirmation"). The contract for the purchase of a product will only be formed when we send you the Order Confirmation.
Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion. If your offer is not accepted and your account has already been debited, you will be refunded in full.
By placing an order, you agree that all information and personal details are true and accurate and that you authorise us to pay for the items ordered with the relevant credit or debit card and that there are sufficient funds in the relevant account to cover the cost of the order.
5. PRICE
The price of the products will be the price stipulated at all times on our website, unless there is a manifest error. These prices may change at any time, but except in the above case, any change will not affect orders for which we have already sent you a Dispatch Confirmation. The prices shown on the website include VAT, but exclude delivery charges, which will be added to the total amount due.
6. SHIPPING
Shipping time is 5- 15 working days depending on the country of delivery.
All orders placed after 10 a.m. will be processed the next working day. Public holidays do not count as delivery days, orders placed on public holidays will be counted as placed on the next working day. The actual delivery date may be affected by shipping delays due to weather or other external factors, as well as during peak season. Please check the shipment tracking information you will receive by email for the most accurate delivery date.
The total cost of each shipment will be calculated automatically and detailed at the time of confirmation of purchase.
You can find more information on our help page on "Shipping Policy".
7. RIGHT OF WITHDRAWAL
Requests to exchange or return products must be made within 14 calendar days of the date of delivery of the product.
Full refunds will be requested by email. In these cases the purchase amount will be refunded upon receipt of the returned product at the above address. Shipping costs, however, will not be refunded.
The product for which the exchange or return is requested must be in perfect condition, i.e. unused, unwashed, with all its original labels and in the same packaging in which it was delivered.
YOLANDA TOLÓN reserves the right to refuse a return if all of the above conditions are not met. In these cases you will be notified by email that your order is not eligible for return.
8. PRODUCT AVAILABILITY
All orders are subject to product availability. In the event of difficulties in the supply of products, we will refund any monies paid by you.
9. GUARANTEES
If you contract as a consumer and user, we offer guarantees on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within 1 year from the delivery of the product.
It is understood that the products are in conformity with the contract provided that they conform to the description made by us and possess the qualities that we have presented on this website, are suitable for the uses for which products of the same type are normally intended and present the usual quality and performance of a product that can reasonably be expected. In this regard, if any of the products are not in conformity with the contract, you must inform us immediately through our contact channels, providing details of the product and the damage suffered. The amounts paid for those products that are returned due to a defect or fault, when it really exists, and after verification by YOLANDA TOLÓN, will be refunded in full. The refund will be made by the same means of payment used to pay for the purchase.
In order to proceed with the return, the consumer must keep the proof of payment and the order number, the item must be in perfect condition and all items and documents in the package must be returned, including the original packaging.
If the chosen size is not the correct one, we can exchange it for another piece of the right size on request within 14 calendar days of delivery. The artistic process of the piece is handmade, so there may be slight differences with the previous piece.
- GUARANTEE AND RETURN OF CUSTOM-MADE PARTS
Unless YOLANDA TOLÓN's management decides otherwise, customised parts made to the buyer's specifications will not be returned.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents published on this web site and, in particular, designs, graphic texts, logos, icons, trade names, designs, texts, graphics, logos, icons, trade names, trademarks and any other signs susceptible of industrial and commercial use are subject to the industrial and intellectual property rights of YOLANDA TOLÓN or of third party owners of the same who have authorised their inclusion on the web site. Under no circumstances shall it be understood that any licence is granted or that any waiver, transfer, total or partial assignment of said rights is made, nor shall any right or expectation of rights be conferred on the User. The exploitation, alteration, reproduction, distribution or public communication of the aforementioned rights is expressly prohibited without the prior express authorisation of YOLANDA TOLON or the corresponding owners.
11. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.
12. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted 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 offences punishable by the applicable regulations and will be reported to the competent authorities. competent authorities. In addition, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any damage or loss resulting from any attack of the kind listed above that may affect your computer, computer equipment, data or materials as a result of your use of this website or your downloading of any content from it or to which it redirects.
13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as on our respective successors, assignees, and heirs. You may not assign, transfer, encumber, or otherwise dispose of the contract or any of its rights or obligations thereunder without our prior written consent. We may assign, transfer, encumber, subcontract, or otherwise dispose of a contract or any of its rights or obligations to us or for our benefit at any time during the term of the contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances, or other dispositions shall not affect the rights that users have as consumers recognized by law nor shall they annul, reduce, or otherwise limit any express or implied warranties that we may have granted.
14. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in performing any of our obligations where such failure or delay is due to events beyond our reasonable control ("force majeure"). Causes of force majeure shall include any act, event, failure to exercise, omission, or accident beyond our reasonable control and, among others, the following:
- Strikes, lock-outs, or other industrial actions.
- Civil unrest, riots, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
- Inability to use public or private telecommunications networks.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Obligations shall be deemed suspended for the duration of the force majeure, and we shall have an extension to meet such obligations for a period of time equal to the duration of the force majeure. We will make all reasonable efforts to end the force majeure event or to find a solution that allows us to fulfill our obligations.
15. WAIVER
The fact that we do not enforce strict compliance with any of your obligations under any agreement or these General Conditions, or that we do not exercise the rights or remedies available to us under such agreement or these General Conditions, shall not constitute a waiver or limitation of such rights or remedies nor release you from such obligations. No waiver by us of any specific right or remedy shall constitute a waiver of any other right or remedy arising from any agreement or the Conditions. No waiver by us of any of these Terms and Conditions or any rights or remedies arising from a contract shall be effective unless expressly stated to be a waiver and is formalized and communicated to you in writing.
16. PARTIAL INVALIDITY
If any of these Terms and Conditions or any provision of a contract is declared void by a final decision issued by a competent authority, the remaining provisions will remain in force and will not be affected by such declaration of nullity.
17. ENTIRE AGREEMENT
These General Conditions and any document referred to constitute the entire agreement between the user and YOLANDA TOLÓN and replace any other previous pact, agreement, or promise made between the user and us verbally or in writing.
18. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. Modifications will not have retroactive effect. If you do not agree with the modifications, we recommend that you do not use our website.
19. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through it shall be governed by Spanish law. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.