Terms of service
OBJECT
The purpose of this document is the regulation of the General Contracting Conditions to which the commercial transactions carried out between NOY - NOT ONLY YOGA (hereinafter, NOY) and the purchaser (hereinafter, THE CUSTOMER) of the products are subject. and/or services offered through the website https://www.notonlyoga.com
These General Conditions include the relationship between the parties involved ( NOY and THE CUSTOMER) and, on occasion, may be completed with Specific Conditions that, where appropriate, apply to certain products and/or services, and that will prevail in the event of contradiction.
The acquisition of any of the products and/or services offered on https://www.notonlyoga.com implies absolute and unreserved acceptance of these General Contracting Conditions, which may be modified without prior notice. The modifications will be published on this same medium for Users' knowledge, coming into effect on that date.
IDENTITY OF THE CONTRACTING PART
The person responsible for the service provided through this Website is NOY , with address at Avda. Camilo José Cela, 28028, Madrid and e-mail info@notonlyoga.com
DESCRIPTION OF THE CONTRACT / ORDER
The commercial and contractual information offered at https://www.notonlyoga.com is provided in Spanish. The formalization of the contract and communication with the Clients will also be carried out in that language.
The products offered on the website comply with the provisions of Spanish legislation. These products consist of clothing and accessories, vegan and made with organic material. You can obtain products such as: sweatshirts, t-shirts, caps, backpacks, etc.
The product contracted by THE CUSTOMER is the one that appears in their electronic or paper order, or that which appears reflected in the corresponding invoice.
THE CUSTOMER makes a binding offer to NOY at the end of the order, after having provided us with the necessary data. The purchase-sale contract concludes at the time of shipment of the product. However, if the requested item is not available, NOY reserves the right to deliver and, if applicable, will inform THE CUSTOMER and refund the payment received immediately.
The minimum age to place orders in the NOY store is 18 years old.
NOY is presumed to offer commercial information in a truthful and accurate manner. This information, on occasion, could contain a typographical error. In this case, beyond the control of NOY at all times, it will be corrected as soon as it is detected. If the error had been decisive for THE CUSTOMER to acquire the product and/or service, they may cancel the purchase at no cost.
NOY reserves the right to modify the characteristics of the commercial offers presented on the website at any time.
PRICE AND METHOD OF PAYMENT
In general, the prices of the products or services displayed on the website include taxes that may be applicable, as well as, where applicable, shipping costs.
The price that THE CUSTOMER must pay for the product or service and the payment method will be those indicated both in the NOY store and in the order.
The accepted payment methods are the following:
- Bank card / Payment gateway
The owner uses all commercial security measures available in the sector. The payment process works on a secure server, using the Secure Socket Layer (SSL) protocol. The secure server establishes a connection so that the information is transmitted encrypted (depending on the system used) and ensures that it is only intelligible to the client's computer and the website. In no case does it depend on NOY.
The establishment of a discount, offer or benefit granted graciously by NOY to THE CUSTOMER, even if it is recurring over time, will not imply its consolidation or the indefinite right of the latter to enjoy it, nor will it mean a tacit or express waiver of NOY. to charge the full price on successive occasions.
Product prices may vary at any time. In this case, the price to be applied will be the one in force on the date of placing the order. In any case, the final cost will be communicated to the CUSTOMER in the electronic purchasing process before the CUSTOMER formalizes his/her acceptance.
In the case of contracting special or personalized products, whose price is not contemplated on the website, a specific budget will be prepared, which must be approved by THE CUSTOMER, prior to contracting. Acceptance of said quote may imply acceptance of particular conditions, warnings or instructions of a specific, substitute or complementary nature to these general conditions.
CONDITIONS
NOY will send your order to the CLIENT, to your home or other address you choose, using the specialized solvency providers determined by NOY .
The delivery date to the CUSTOMER's home will depend on the shipping area and the availability in stock of the chosen product.
However, in any case it is the CUSTOMER's obligation to check the details of the order, especially the shipping address, costs and delivery times, before formalizing said order. NOY is not responsible for delays, delays or inability to deliver attributable to errors in CUSTOMER data. Likewise, when errors in the CUSTOMER's data generate transportation costs, they will be assumed by THE CUSTOMER. Errors not attributable to the CUSTOMER will not incur any cost.
GUARANTEES AND ATTENTION OF CLAIMS
Warranty periods for products purchased by consumers and users.
The warranty period for our products is fifteen days from the moment of delivery of the purchased good.
During the indicated period, all defects covered by the warranty will be fixed or replaced free of charge. The guarantee is void for any damage due to and/or improper handling and use of the purchased item (washed, unlabeled, used or damaged products cannot be returned.)
Non-compliant products purchased by consumers and users.
If the purchased product does not comply with the contract (that is, it is defective), THE CUSTOMER who has the status of consumer and user must report the lack of conformity within a period of two months from becoming aware of this lack of conformity. Failure to comply with the deadline does not imply the loss of the right to recovery, but the CUSTOMER will be responsible for any damages caused by the delay. If defects or any other lack of conformity with the purchase appear within 48 hours of delivery of the product, the defect is assumed to be original.
Claims attention.
To report a lack of conformity or file any other type of claim, THE CUSTOMER can write by email to: info@notonlyoga.com
WITHDRAWAL OF CONSUMERS AND USERS
THE CLIENT, considered a consumer and user, has the right to terminate the contract within fifteen calendar days, without indicating the reason for said termination. This period is counted from its delivery TO THE CUSTOMER, or to its authorized representative, other than the carrier.
To exercise their right of withdrawal, THE CUSTOMER must contact NOY , sending an email to info@notonlyoga.com . In both cases, you must carry out a clear statement of your decision to exercise the right of withdrawal.
Effects of withdrawal
Once the right of withdrawal has been exercised, NOY will return TO THE CUSTOMER all sums received, within a maximum period of thirty calendar days from the date on which the notification is received.
THE CUSTOMER must return the products to NOY , within the same period of fourteen calendar days from receipt of the order, and must be accompanied by documentation proving the contract: the delivery note, the issued invoice, etc.
For the refund of the amounts received by NOY , the same payment method that THE CUSTOMER used in the original transaction will be used.
For more information about NOY 's exchange and return policy, see the page: Exchanges and Returns .
DATA PROTECTION
The parties are subject to current regulations on Data Protection.
NOY has a Corporate Privacy Policy available on the Privacy Policy page.
To contract or request information about a specific product or service, it is necessary to provide personal data through the corresponding form. in order to formalize the contract or respond to the request.
Additionally, THE CLIENT, through the registration forms, may or may not grant consent for certain processing of their data and may exercise the rights recognized in the data protection regulations by directing their request through the email info@notonlyoga.com always complying with the requirements and demands of the regulations in force.
NOY generally does not transfer CLIENT data, except for the management and collection of payments to the corresponding credit institutions that are necessary and in cases where this is legally provided for. In those cases in which it is necessary to transfer the CLIENT's data, NOY will request the corresponding authorization for this.
In cases in which THE CLIENT provides the data of third parties, including contact persons, they must, previously and under their responsibility, request their consent to do so and inform them of the NOY Privacy Policy and the provisions of this clause and in the regulations in force.
THE CLIENT will guarantee the veracity, accuracy, authenticity and validity of the data, its own or third parties, provided through the different forms, and must keep it updated at all times.
Any data provided by THE CLIENT throughout the contractual relationship will be processed by NOY , taking into account its privacy policy, to which THE CLIENT has access at all times, and adopting, in each case, the technical and organizational measures. appropriate to guarantee the security and legality of the treatment.
THE CUSTOMER accepts these contract conditions
NOTIFICATIONS AND COMMUNICATIONS
The notifications or communications that NOY must make to the CLIENT regarding the execution or fulfillment of this contract must be made to the telephone number, email address or address that the CLIENT has indicated for this purpose. This communication will not be considered commercial communication.
Likewise, THE CUSTOMER must know that, in accordance with art. 21.2 of the Information Society Services Law, NOY may send you promotional communications by electronic means, referring to products or services of your own company, similar to those that were initially contracted. You can exercise your right to object by sending your request via email to info@notonlyoga.com and always complying with the requirements and demands of the regulations in force.
USE OF THE PORTAL.
1.- User responsibility.
It is the responsibility of visitors, clients or users of this website to carefully read the detailed General Conditions of Use. The use or access to the portal implies knowledge and full acceptance of each and every one of the legal warnings and conditions established.
2.-General conditions of use.
The portal https://www.notonlyoga.com provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to NOY or its licensors to which THE CLIENT/USER may have access. access. THE CUSTOMER/USER assumes responsibility for the use of the portal. This responsibility extends to the registration that is necessary to access certain services or content.
In said registration THE CLIENT/USER of the portal will be responsible for providing truthful and lawful information. As a consequence of this registration, THE CLIENT/USER may be provided with a password for which they will be responsible, committing to make diligent and confidential use of it.
THE CLIENT/USER undertakes to make appropriate use of the content and services (such as chat services, discussion forums or news groups) that NOY offers through its portal and with an enunciative but not limited nature, unless use them to
(i) engage in illicit, illegal or activities contrary to good faith and public order;
(ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or violating human rights;
(iii) cause damage to the physical and logical systems of NOY , its suppliers or third parties, introduce or spread computer viruses on the network or any other physical or logical systems that are likely to cause the aforementioned damage;
(iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
NOY reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attack youth or childhood, order or public safety or that , in their opinion, would not be suitable for publication. In any case, NOY will not be responsible for the opinions expressed by users through forums, chats, or other participation tools that, where appropriate, are included on the website.
If, at our request, you send certain specific submissions (for example contest entries) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall not be obligated (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates the intellectual property of any party or these Terms of Service.
3.- Right of exclusion.
NOY reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use.
4.- Exclusion of guarantees and liability.
NOY is not responsible, in any case, for damages of any nature that may be caused, by way of example: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid it.
5.- Links
In the event that https://www.notonlyoga.com contains links or hyperlinks to other Internet sites, NOY will not exercise any type of control over said sites and content. In no case will NOY assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks. or other Internet sites.
Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
6.- Intellectual property.
NOY itself or as an assignee, is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example, images, sound, audio, video, software or texts; brands). or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by NOY or its licensors.
The reproduction of the elements mentioned in the previous section and of all or part of the contents of this website, its distribution, public communication and transformation, exploitation (especially commercial or industrial), transfer, rental, sale, loan, making corrections, extractions and/or reuses or exercising any other intellectual or industrial property rights over them that have not been expressly conferred by NOY in writing.
THE CUSTOMER/USER recognizes the Intellectual Property and Industrial Property rights of NOY . THE CUSTOMER/USER undertakes to respect the Intellectual and Industrial Property rights owned by NOY . You may view the elements of the portal and even print, copy and store them on the hard drive of your computer or on any other physical medium as long as it is, solely and exclusively, for your personal and private use. THE CUSTOMER/USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the NOY pages.
THE CUSTOMER/USER may not use in any way the brands, logos, trade names, internet domains and any other distinctive sign of NOY without its prior express written consent.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7.- Data Protection.
The provisions of the corresponding section of these conditions and the Corporate Privacy Policy, available on the website, will apply.
INTEGRITY
The total or partial nullity, current or subsequent, of any of the clauses of these General Contracting Conditions will not entail the nullity of the rest of the clauses, which will remain in force until their cancellation occurs. In such cases, the parties may agree to replace the void clause with an equivalent one.
LEGISLATION APPLICABLE TO THE RESOLUTION OF LITIGATION
Sales made on https://www.notonlyoga.com are subject to Spanish legislation.
Extrajudicial conflict resolution.
If THE CUSTOMER is a consumer, in accordance with art. 40 of Law 7/2017, of November 2, in relation to art. 14 of Regulation (EU) 524/2013, the CLIENT is informed that, since February 15, 2016, the European Commission provides a platform for extrajudicial dispute resolution. Consumers have the opportunity to resolve disputes related to their online order, without the intervention of a judge. This dispute resolution platform can be accessed through the external link https://ec.europa.eu/consumers/odr/
However, we point out that we are not prepared, in principle, to proceed with online conflict resolution through the platform, and it is not mandatory to submit to this system. You are expressly informed that (THE COMPANY) is not a member of the Consumer Arbitration System or other alternative resolution entities to resolve disputes, and is not obliged to do so.
Jurisdiction applicable to judicial proceedings.
The intervening parties agree that all disagreements, controversies, divergences or contentious issues arising from this contract will be resolved before the Courts and Tribunals of the domicile of the defendant or the place where the legal situation or relationship to which the dispute relates arose or must take effect, provided that NOY has an establishment open to the public in said place or a representative authorized to act on its behalf.
However, if THE CUSTOMER is a consumer, the parties agree that all disagreements, controversies, divergences or contentious issues arising from this contract will be resolved before the courts and tribunals of the domicile of the consumer and user or before the corresponding courts or tribunals. in accordance with arts. 50 and 51 of the Civil Procedure Law, that is, the domicile of the defendant or the place where the situation or legal relationship to which the dispute refers has arisen or must take effect (provided that in said place they have an establishment open to the public or authorized representative to act on behalf of the entity), at the consumer's choice, as long as individual actions of consumers or users are exercised.
In processes in which the injunction action is exercised in defense of both the collective and diffuse interests of consumers and users, the Court of the place where the defendant has an establishment will be competent, and, in the absence of this, that of its home; If he does not have a domicile in Spanish territory, that of the place of domicile of the actor.
Finally, both parties acknowledge that they have read and fully understood the conditions contained herein at the time of signing the contract and that, where appropriate, they have sought and obtained the appropriate advice, so they understand that they do not There are ambiguous, obscure and incomprehensible clauses in this agreement and they waive the invocation and application of art. 1288 of the Civil Code and art. 6 and 7 of Law 7/1998, of April 13, on General Contracting Conditions.