Terms and Conditions

  1. INTRODUCTION
    This document (together with any documents herein mentioned) sets forth the terms and
    conditions governing the use of this website and the purchase of products through such
    website (hereinafter, the “Terms”). Please read through these Terms prior to using this
    website. By using this website or placing an order through it, you are consenting to be bound
    by these Terms. If you do not agree to all of the Terms, do not use this website. These Terms
    may be amended. It is your responsibility to regularly read through them, as the Terms in
    force at the time that your use the website or at the time of the formation of the Contract (as
    defined below) shall be the applicable ones.
  2. OUR DETAILS
    This website is operated under the YANAPAQI name by YANAPAQI S.L.., a Spanish company
    with registered office at Calle Danubio, 23, Spain, registered with the Companies Register of
    Madrid, NIF: B-87481107.
  3. YOUR DETAILS AND YOUR VISITS TO THIS WEB PAGE
    The information or personal details that you provide us with shall be processed pursuant to
    the Privacy Statement. By using this website you are consenting to the processing of such
    information and details and you represent that the whole information or details you have
    provided us with are true and accurate
  4. USE OF OUR WEBSITE
    By using this website and/or by placing any order through it, you undertake: To use the website exclusively to make legitimate enquiries or orders. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion
    that such an order has been made, we shall be entitled to cancel the order and inform the
    relevant authorities.To provide correct and accurate e-mail, postal and/or other contact details to us and
    acknowledge that we may use these details to contact you in the event that this should prove
    necessary (see our Privacy Statement). If you do not give us all of the information that we
    need, we may not be able to complete your order. By placing an order through the website,
    you warrant that you are at least 18 years old and are legally capable of entering into binding
    contracts.
  5. SERVICE AVAILABILITY
    The items we offer on this website are only available in the following countries: Germany
    (except for the Island of Heligoland), Spain, France (except for the Overseas Departments),
    Italy (except for San Marino, Liviano, Campione d’Italia, and Lake Lugano), Portugal, United
    Kingdom (Mainland only), Ireland, Austria, Belgium, Holland, Luxembourg, Poland,
    Switzerland, Monaco, Denmark (except Greenland and Faroe Islands), Sweden and Norway
    (except Svarbald).
  6. HOW THE CONTRACT IS FORMED
    The information set out in the Terms and the detail contained on this website do not
    constitute an offer for sale but rather an invitation to treat. No contract in respect of any
    products shall exist between you and us until your order has been accepted by us. If we do
    not accept your offer and funds have already been deducted from your account, these will be
    fully refunded. To place an order, you will be required to follow the shopping process online
    and press the “Finalise Order” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”).
    Please note that this does not mean that your porder has been accepted, as your order
    constitutes your offer to us to buy one or more products from us. All orders are subject to
    acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that
    confirms that the product has been dispatched (the “Shipment Confirmation”). The contract
    for the purchase of a product between us (“Contract”) will only be formed when we send you
    the Shipment Confirmation. The Contract will relate only to those products whose dispatch
    we have confirmed in the Shipment Confirmation. We will not be bound to supply any other
    products which may have been part of your order until the dispatch of such products has been
    confirmed in a separate Shipment Confirmation.
  7. AVAILABILITY OF PRODUCTS
    All orders for products are subject to availability and in this regard, in the event of supply
    difficulties or because products are no longer in stock, we reserve the right to give you
    information about substitute products of an equal or higher quality and value which you can
    order. If you do not wish to order such substitute products, we will refund any monies that
    you might have paid.
  8. REFUSAL OF ORDER
    We reserve the right to withdraw any products from this website at any time and/or remove
    or edit any materials or content on this website. Whilst we will make our best efforts to always
    process all the orders, there may be exceptional circumstances which mean that we may need
    to refuse to process an order after we have sent you an Order Confirmation, which we
    reserve the right to do at any time, at our sole discretion. We will not be liable to you or any
    other third party by reason of our withdrawing any product from this website, whether it has
    been sold or not, removing or editing any materials or contents on this website or for refusing
    to process or accept an order after we have sent you the Order Confirmation.
  9. DELIVERY
    Subject to the provisions of Clause 7 above on the availability, and unless there are any
    exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the
    Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no
    estimated delivery date is specified, within 21 days of the date of the Shipment confirmation.
    However, delays may occur on account of the following reasons: 1. Customization of
    products; 2. Specialized items; 3. Unforeseen circumstances; or 4. Delivery area. With regard
    to the virtual gift card, we will send it on the date indicated by you when you place your order.
    If for some reason we are unable to deliver on this date we will inform you of this situation
    and give you the option to continue with the purchase with a new delivery date or
    alternatively cancelling the order and reimbursing you with the full amount paid. Please
    remember that we do not deliver on Saturdays or Sundays except in the case of the virtual
    gift card which will be delivered on the date indicated by you. For the purposes of these
    Terms, the “delivery” shall be deemed to have taken place or that the order has been
    delivered at the time that receipt of the order is signed for at the agreed delivery address,
    although the virtual gift card shall be deemed to be delivered in accordance with the Use
    Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the
    email address indicated by you.
  10. UNABLE TO DELIVER
    If we are unable to deliver the goods after two attempts, we will try to find a safe secure place
    to leave your parcel. We will leave a note explaining where your parcel is and how you can
    rearrange delivery. If you are not going to be at the delivery location at the time agreed,
    please contact us to rearrange delivery for another mutually convenient day. Upon lapse of
    21 days of the moment when your order is ready for delivery, without such order having been
    delivered on grounds not attributable to us, we shall understand that you wish to cancel the
    Contract and it shall be treated as terminated. As a result of the termination of the Contract,
    we will refund the price paid for such products as soon as possible and anyway within 30 days
    of the date on which we shall deem the Contract terminated. In such cases, we shall be
    authorized to pass on you any delivery costs and costs incurred in the termination of the
    Contract. This clause shall not apply to the virtual gift card for which the delivery shall be
    governed by the Use Conditions of the Gift Card and the above clause 8.
  11. RISK AND TITLE
    The products will be at your risk from the time of delivery. Ownership of the products will
    only pass to you when we receive full payment of all sums due in respect of the products,
    including delivery charges, or upon delivery (as defined in clause 9 above), whichever is the
    later.
  12. PRICE AND PAYMENT
    The price of each product shall be the one quoted from time to time on our website, except
    where there is an apparent error. Whilst we take care to ensure that all prices quoted on our
    website are accurate, errors may occur. If we discover an error in the price of any product(s)
    you have ordered, we will inform you as soon as possible and give you the option of
    reconfirming the order at the correct price or cancelling it. If we are unable to contact you,
    the order will be treated as cancelled and if you have already paid for the product(s) you will
    receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect
    (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is an
    obvious typographical or arithmetical inaccuracy and could have reasonably been recognized
    by you as such. The prices displayed on our website exclude VAT and delivery costs, which
    will be added to the total amount due as set out in our Delivery Costs Guide. Prices may
    change at any time but (except as provided above) any potential change will not affect any
    order regarding which an Order Confirmation has been sent. Once you have finished
    shopping, all the items you wish to purchase are added to your basket. Your next step will be
    to go through the checkout process and make payment. To do this: 1. Click the “Shopping
    basket” button at the top of the page. 2. Click on the “See basket” button. 3. Click on the
    “Process order” button. 4. Fill-in or check your contact details, the details of your order, the
    delivery address and the invoicing address. 5. Enter the details of your card. 6.Click on
    “Finalise Order”. You can pay using Visa, Mastercard, American Express and PayPal. Similarly,
    you can pay all or part of the price of your order with a Yanapaqi gift card or a Yanapaqi credit
    voucher card issued by YANAPAQI S.L.. To minimise the risk of unauthorised access, we
    encrypt your card data. Once we receive your order, we will request pre-authorisation on
    your card to ensure there are sufficient funds available to complete the transaction. The
    charge to your card will be made the moment your order leaves our warehouse. If your form
    of payment is Paypal, gift card or credit voucher issued by YANAPAQI S.L., the charge will be
    made the moment we confirm the order. If you click on “Finalise Order ” you are confirming
    that the card belongs to you or that you are the legitimate holder of the gift card or the credit
    voucher card. Cards are subject to validation checks and authorization by your card issuer. If
    we do not receive the required authorization, we will not be liable for any delay or nondelivery and we will not be able to form any Contract with you.
  13. VALUE ADDED TAX
    Pursuant to the prevailing rules and regulations in force, all purchases done through the web
    site are subject to the Value Added Tax (VAT), except for those to be supplied directly to
    customers the Canary Islands, Ceuta and Melilla. In this regard and pursuant to Chapter I of
    Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of
    value added tax, the place of supply shall be deemed to be within the Member State of the
    address where items shall be delivered, and applicable VAT shall be at the prevailing rate in
    each Member State where items are to be supplied as per the orders placed. Pursuant to the
    applicable rules and regulations in each jurisdiction, the rule of the “reverse charge” (article
    194 of Directive 2006/112) may apply to goods supplied in certain Member States of the
    European Union if the customer is or is required to be a taxable person for VAT purposes. If
    this is the case, no VAT would be charged by us, subject to the confirmation by the recipient
    that the VAT on the items supplied would be accounted for by the customer under the
    reverse charge procedure. As regards orders to be supplied in the Canary Islands and Ceuta
    and Melilla, they would be VAT exempt as provided under article 146 of the above referred
    Directive, subject to the application of the relevant taxes and custom duties pursuant to the
    prevailing rules and regulations.
  14. EXCHANGES/RETURNS POLICY 14.1 Statutory right to cancel your purchase Under
    the Consumer Protection (Distance Selling) Regulations, if you are contracting as a
    consumer, you have up to 7 working days after you have received your delivery to cancel your
    order (other than in respect of goods made to your specification or are clearly personalised).
    In such case, you will be refunded the price paid for such products. Direct costs incurred in
    the return of such products will be borne by you where none of the free return methods
    addressed in Clause 14.3 below is used. You may provide evidence of the right of cancellation
    through any of the means provided by law, and in any event such right shall be deemed to
    have been validly exercised by sending the returns form that we provide you with
    (hereinafter, the “Returns Form”) or by returning the products. This provision does not affect
    your statutory rights. 14.2 Contractual right to cancel your purchase In addition to the
    statutory right of cancellation of consumers and users referred to in Clause 14.1 above, we
    grant you a 30 day period from the date established on the Returns Form to proceed to any
    return of products (except for those referred to in Clause 14.3 below, regarding which the
    cancellation right is exempted). In the event of any return, you will be refunded the price paid
    for the returned products. Direct costs incurred in the return of such products will be borne
    by you where none of the free return methods addressed in Clause 14.3 below is used. You
    shall exercise your right of cancellation by sending the Returns Form we provide you with or
    by returning the products. 14.3 Common provisions You may not cancel the Contract whose
    subject matter is the supply of any of the following products: 1. Customized ítems. Your right
    to cancel a Contract only applies to products which are returned in the same condition as you
    received them. Where possible, please use or include with the product being returned all
    original boxes, instructions/documents and wrappings and return the products in the same
    conditions as received. In any case, you shall return the product with the Returns Form
    received on delivery duly completed. No refund will be made if the product has been used
    beyond opening or if it is damaged. Therefore, you should take reasonable care of the
    products while they are in your possession. Failure to exercise such reasonable care may,
    depending on the circumstances, give rise to a right of action against you for breach of
    statutory duty. Exchange is limited to exchange for the same product, of a different size or
    color. You will be provided with a summary on the exercise of your right to cancel upon
    receiving the Shipment Confirmation. You should send the product in the same package
    received by following the instructions received in the mail confirming the return.You will be
    responsible for the return costs. Please bear in mind that if you wish to return the goods to
    us freight collect we may charge you any costs incurred in such return. We will fully examine
    the returned product and will inform you of your right to refund (if any). We will process your
    refund as soon as possible and in any case, within 30 days of giving us notice of cancellation.
    We will refund any money received from you using the same method used to make payment.
    Should you have any doubt, please contact us through our web form or by telephone at
  15. 14.4 Returns of defective products In circumstances where you consider
    that the product does not conform to the Contract at the time of delivery, you should
    promptly contact us via our web form with details of the product and its damage.
    Alternatively you can contact us by telephone at 0034618889910 where you will receive
    instructions from us. Upon receipt of the returned product, we will fully examine it and notify
    you of your right to a replacement or refund (if any) via e-mail within a reasonable period of
    time. The refund or replacement will take place as soon as possible and, in any case, within 30
    days of the day we confirmed to you via e-mail that you are entitled to a refund or
    replacement for the non conforming product. Defective products will be refunded in full,
    including a refund of the delivery charges and any reasonable costs incurring by you in
    returning the item. We will always refund any money using the method used to make
    payment. THE PROVISIONS SET OUT IN THIS CLAUSE 14 DOES NOT AFFECT YOUR
    STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR
    RIGHT TO CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE
    SELLING) REGULATIONS.
  16. LIABILITY AND DISCLAIMERS
    Unless otherwise expressly stated in these Terms, our liability in connection with any product
    purchased through our web site is strictly limited to the purchase price of that product.
    Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our
    liability: 1. For death or personal injury caused by our negligence; 2. For fraud or fraudulent
    misrepresentation; 3. For any matter for which it would be illegal or unlawful for us to exclude
    or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to
    the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no
    liability for indirect losses which happen as a side effect of the main loss or damage however
    arising and whether caused by tort (including negligence), breach of contract or otherwise,
    even if foreseeable, including (without limit) for any: i. loss of income or revenue; ii. loss of
    business; iii. loss of profits or contracts; iv. loss of anticipated savings; v. loss of data; and vi.
    waste of management or office time. Due to the open nature of this website and the potential
    for errors in the storage and transmission of digital information, we do not warrant the
    accuracy and security of information transmitted to or obtained from this website unless
    otherwise expressly set out on this website. All product descriptions, information and
    materials posted on this website are provided “as is” and without warranties express, implied
    or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but
    without excluding anything that may not lawfully be excluded in the case of consumers, we
    disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory
    rights as a consumer, or your Contract cancellation rights.
  17. INTELLECTUAL PROPERTY
    You acknowledge and agree that all copyright, trademarks and all other intellectual property
    rights in all material or content supplied as part of the website shall remain at all times vested
    in us or in our licensors. You are permitted to use this material only as expressly authorized
    by us or our licensors. This does not prevent you using this website to the extent necessary
    to make a copy of any order or Contract details.
  18. VIRUSES, HACKERING AND OTHER CYBERCRIMES
    You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic
    bombs or other material which is malicious or technologically harmful. You will not attempt
    to have any unauthorized access to this website, to the server which hosts this site or to any
    other server, computer or data base related to our website. You undertake not to attack this
    website via a denial of service attack or a distributed denial of service attack. By breaching
    this provision you may commit a criminal offence under the applicable regulations. We will
    report any such breach to the relevant law enforcement authority and we will co-operate
    with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of
    such a breach, your right to use this website will cease immediately We accept no liability for
    any loss or damage resulting from any denial of service attack, virus or any other software or
    material which is malicious or technologically harmful to your computer, equipment, data or
    material resulting from the use of this website or from the downloading of the contents
    thereof or of such contents to which this website redirects
  19. LINKS FROM OUR WEBSITE
    We may have links from our website to other third party websites and materials; such links
    are provided exclusively for information purposes and we do not have any control
    whatsoever over the contents of such websites or materials. Accordingly, we accept no
    liability whatsoever for any loss or damage which may arise from the use of such links.
  20. WRITTEN COMMUNICATIONS
    Applicable laws require that some of the information or communications we send to you
    should be in writing. When using our site, you accept that communication with us will be
    mainly electronic. We will contact you by e-mail or provide you with information by posting
    notices on our website. For contractual purposes, you agree to this electronic means of
    communication and you acknowledge that all contracts, notices, information and other
    communications that we provide to you electronically comply with any legal requirement that
    such communications be in writing. This condition does not affect your statutory rights.
  21. NOTICES
    All notices given by you to us should be given to us via our web form. Subject to and as
    otherwise specified in clause 19 above and unless otherwise stated, we may give notice to
    you at either the e-mail or postal address you provide to us when placing an order. Notice will
    be deemed 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. In proving the
    service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was
    properly addressed, stamped and placed in the post and, in the case of an e-mail that such
    email was sent to the specified e-mail address of the addressee.
  22. TRANSFER OF RIGHTS AND OBLIGATIONS
    The Contract between you and us is binding on you and us and on our respective successors
    and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any
    of your rights or obligations arising under it, without our prior written consent. We may
    transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights
    or obligations arising under it, at any time during the term of the Contract. For the avoidance
    of doubt, any such transfer, assignment, charge or other disposition will not affect your
    statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee
    which may have been provided by us to you, whether express or implied.
  23. EVENTS OUTSIDE OUR CONTROL
    We will not be liable or responsible for any failure to perform, or delay in performance of any
    of our obligations under a Contract that is caused by events outside our reasonable control
    (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening,
    omission or accident beyond our reasonable control and shall include in particular (without
    limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion,
    riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or
    threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence,
    epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft,
    motor transport or other means of public or private transport. 5. Impossibility of the use of
    public or private telecommunications networks. 6. The acts, decrees, legislation, regulations
    or restrictions of any government. 7. Any shipping, postal or other relevant transport strike,
    failure or accidents. Our performance under any Contract is deemed to be suspended for the
    period that the Force Majeure Event continues, and we will have an extension of time for
    performance for the duration of that period. We will use our reasonable endeavors to bring
    the Force Majeure Event to a close or to find a solution by which our obligations under the
    Contract may be performed despite the Force Majeure Event.
  24. WAIVER
    If we fail, at any time during the term of a Contract, to insist upon strict performance of any
    of your obligations under the Contract or any of these Terms, or if we fail to exercise any of
    the rights or remedies to which we are entitled under these Terms, this shall not constitute a
    waiver of such rights or remedies and shall not relieve You from compliance with such
    obligations. A waiver by us of any default shall not constitute a waiver of any subsequent
    default arising from the Contract or the Terms. No waiver by us of any of these Terms or of
    any rights or remedies arising from the Contract shall be effective unless it is expressly stated
    to be a waiver and is communicated to you in writing in accordance with the provisions of the
    paragraph on Notices above.
  25. SEVERABILITY
    If any of these Terms or any provisions of a Contract are determined by any competent
    authority to be invalid, unlawful or unenforceable to any extent, such term, condition or
    provision will to that extent be severed from the remaining terms, conditions and provisions
    which will continue to be valid to the fullest extent permitted by law.
  26. ENTIRE AGREEMENT
    These Terms and any document expressly referred to in them represent the entire
    agreement between you and us in relation to the subject matter of any Contract and
    supersede any prior agreement, understanding or arrangement between you and us,
    whether oral or in writing. Both you and us acknowledge that, in entering into this Contract,
    neither you nor us has relied on any representation, undertaking or promise given by the
    other or be implied from anything said or written in negotiations between you and us prior to
    such Contract except as expressly stated in these Terms. Neither you nor us shall have any
    remedy in respect of any untrue statement made by the other, whether orally or in writing,
    prior to the date of any Contract (unless such untrue statement was made fraudulently) and
    the other party´s only remedy shall be for breach of contract as provided in these Terms.
  27. OUR RIGHT TO VARY THESE TERMS
    We have the right to revise and amend these Terms from time to time. You will be subject to
    the policies, Terms in force at the time that you use this website or order products from us,
    unless any change to those policies, Terms or Privacy Statement is required to be made by
    law or governmental authority (in which case it will apply to orders previously placed by you).
  28. LAW AND JURISDICTION
    Contracts for the purchase of products through our site will be governed by Spanish law. Any
    dispute arising from, or related to, such Contracts shall be subject to the non-exclusive
    jurisdiction of the Spanish courts. If You are contracting as a consumer, nothing in this clause
    will affect your statutory rights as such.
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