INTRODUCTIONTERMS AND CONDITIONS OF USE AND PURCHASE WWW.YOKONO.ESThis document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.yokono.es) and the purchase of products on it (hereinafter, the “Conditions”), whatever the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy and Cookie Policy, so if you do not agree to all of the Terms and the Privacy and Cookie Policy, you should not use this website.If you have any questions regarding the Terms and Conditions or the Privacy and Cookie Policy, you may contact us through our contact channels. The contract may be concluded, at your option, in any of the languages in which the Terms are available on this website.
YOUR DATA AND YOUR VISITS TO THIS WEBSITEThe information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy and Cookies. By using this website you consent to the processing of such information and data and declare that all information or data you provide is truthful and corresponds to reality.
USE OF OUR WEBSITEBy using this website and placing orders through this website you agree to: i.Use this website only to make legally valid inquiries or orders. ii.Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed we will be entitled to cancel it and inform the relevant authorities. iii.To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use such 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 fulfill 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.
SERVICE AVAILABILITYThe items offered through this website are available for shipment to Spain (Peninsula, Balearic and Canary Islands), Portugal, France, Italy, Holland, Belgium, Germany, Greece, Ireland, Sweden, Denmark, Norway, Finland, Poland, Czech Republic, Slovakia, Slovenia, Hungary and Austria.
HOW TO PLACE AN ORDERTo place an order, you must follow the online purchase procedure and click on “Authorize Payment”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by e-mail that the product has been shipped (the “Shipping Confirmation”) along with the corresponding tracking number.
PRODUCT AVAILABILITYAll orders are subject to product availability. In the event of difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.
DELIVERYBefore placing your order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the product(s) listed in each Shipping Confirmation without any undue delay and at the latest within 30 calendar days from the date of the Order Confirmation. Please note that unforeseen or extraordinary circumstances may affect the delivery date. 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 either proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays. For the purposes of these Conditions, “delivery” or the order shall be deemed to have occurred or to have been “delivered” at the time when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERYIf we are unable to deliver your order, we will try to find a safe place to drop it off. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it reshipped to you. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day. If after 15 days after 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, with the exception of the shipping costs, in any case, within a maximum period of 10 working days after the package is returned to our facilities.
TRANSFER OF RISK AND OWNERSHIPThe risks of the products shall be borne by you from the time of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to the products, including delivery charges, or at the time of delivery (as defined in clause 9 above), if delivery takes place at a later time.
GUEST CHECKOUTThis website also allows for guest checkout functionality. In this purchasing mode, only essential data necessary to process your order will be requested. Once the purchasing process is completed, you will be offered the opportunity to register as a user or continue as an unregistered user.
VALUE ADDED TAX AND INVOICINGIn accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, which will have IGIC. You expressly authorize us to issue the invoice in electronic format. You may request this by contacting our customer service through any of the means at your disposal and free of charge.
WARRANTIESIf 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, thus responding for any lack of conformity that occurs within a period of three years from the delivery of the product. It is understood that the products are in conformity with the contract as long as (i) they conform to the description given by us and possess the qualities that we have presented on this website, (ii) they are fit for the purposes for which products of the same type are ordinarily used, and (iii) they have the quality and performance customary in products of the same type that can be reasonably expected. The products we sell, especially handcrafted products, may often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots, and color, shall not be considered defects or flaws. On the contrary, 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.
LIABILITY AND LIMITATION OF LIABILITYUnless expressly stated otherwise in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we shall not accept any liability for the following losses, regardless of their origin: (i) loss of income or sales; (ii) loss of business; (iii) loss of profit or contracts; (iv) loss of anticipated savings; (v) loss of data; and (vi) 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 expressly stated otherwise herein.
INDUSTRIAL AND INTELLECTUAL PROPERTYYou acknowledge and consent that all copyright, trademark, and other industrial and intellectual property rights in the materials or contents provided as part of the website belong to us at all times or to those who have licensed us to use them. You may use such material only in the manner expressly authorized by us or by those who have licensed us to use it. This shall not prevent you from using this website to the extent necessary to copy information about your order or contact details.
VIRUSES, HACKING, AND OTHER CYBER ATTACKSYou must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or damaging material. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database related to our website. 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 may constitute offenses under applicable regulations. We will report any breach of such regulations to the relevant authorities and cooperate with them to discover the attacker’s identity. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We shall not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging material that may affect your computer, computer equipment, data, or materials as a result of your use of this website or the downloading of content from it or to which it redirects.
LINKS FROM OUR WEBSITEIn the event that our website contains links to other websites and third-party materials, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.
WRITTEN COMMUNICATIONSApplicable regulations require that some of the information or communications we send to you be in writing. By using this website, you agree that most of such 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 consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications sent to you electronically comply with legal requirements to be in writing. This condition does not affect your statutory rights.
ASSIGNMENT OF RIGHTS AND OBLIGATIONSThe contract is binding on you and us, as well as on our respective successors, assigns, and heirs. You may not transfer, assign, encumber, or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent. We may transfer, assign, encumber, subcontract, or otherwise transfer a contract or any of the rights or obligations arising therefrom at any time during its term. To avoid any doubt, such transfers, assignments, encumbrances, or other transfers shall not affect any rights that you, as a consumer, may have recognized by law, nor shall they annul, reduce, or otherwise limit any warranties, whether express or implied, that we may have granted you.
EVENTS BEYOND OUR CONTROLWe shall not be liable for any failure or delay in the performance of any of our obligations if such failure or delay is due to events beyond our reasonable control (“Force Majeure Event”). Force Majeure Events shall include any act, event, failure to exercise, omission, or accident beyond our reasonable control and among others, the following: a. Strikes, lockouts, or other industrial action. b. Civil unrest, riot, invasion, threat, or terrorist attack, war (declared or not), or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster. d. Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport. e. Inability to use public or private telecommunications systems. f. Acts, decrees, legislation, regulations, or restrictions of any government or public authority. Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall be entitled to an extension of the time for performance of such obligations for a period equal to the duration of the Force Majeure Event. We shall use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
WAIVEROur failure to require strict compliance by you with any of the obligations assumed by you under a contract or these conditions, or our failure to exercise the rights or actions that may correspond to us under said contract or the Conditions, shall not constitute a waiver or limitation of such rights or actions, nor shall it exempt you from complying with such obligations. No waiver by us of any specific right or action shall constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of the Conditions or of the rights or actions derived from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
PARTIAL NULLITYIf any of these Conditions or any provision of a contract is declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.
ENTIRE AGREEMENTThese Conditions and any document referred to expressly in them constitute the entire agreement between you and us regarding the subject matter herein and supersede any other agreement, arrangement, or prior promise agreed between you and us, whether verbally or in writing. You and we acknowledge that we have consented to enter into 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 between the two parties before such contract, except as expressly stated in these Conditions. Neither you nor we shall have any action against any uncertain statement made by the other party, verbally or in writing, prior to the date of a contract (unless such uncertain statement was made fraudulently), and the only action available to the other party shall be for breach of contract in accordance with these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONSWe reserve the right to modify the Terms and Conditions. The modifications introduced will not have retroactive effect. If you do not agree with the modifications introduced, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTIONThe use of our website and the contracts for the purchase of products through said website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect the rights recognized to you by current legislation.
