YOUSFIS, S.L. GENERAL CONDITIONS OF CONTRACT, provided with NIF / CIF ESB85829471, address, Calle Vereda de la Solana Nº 50, Nave 16, Valdemoro 28343 Madrid, cannot assume any responsibility derived from the incorrect, inappropriate or illegal use of the information appeared on the Internet page of www.yousfis.com. With the limits established by law, YOUSFIS SL does not assume any responsibility derived from the lack of veracity, integrity, updating and precision of the data or information contained in its Internet pages. The contents and information do not bind YOUSFIS, S.L. nor do they constitute opinions, advice or legal advice of any kind since it is merely a service offered for informational and informative purposes. The YOUSFIS.COM Internet page may contain links to other third-party pages that YOUSFIS, S.L cannot control. Therefore, YOUSFIS, S.L. cannot assume responsibility for the content that may appear on third party pages. The texts, images, sounds, animations, software and the rest of the content included in this website are the exclusive property of YOUSFIS, S.L. or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of YOUSFIS, S.L. Likewise, to access some of the services that YOUSFIS, S.L. offered through the website some personal data must be provided. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and Council, dated April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free flow of this data, we inform you that, by filling in these forms, your personal data will be incorporated and processed in YOUSFIS, SL files in order to be able to provide and offer our services as well as to inform you of the improvements to the website. Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, free of charge by email to firstname.lastname@example.org, or at the address Calle Vereda de la Solana No. 50, Nave 16, Valdemoro 28343 Madrid.
GENERAL CONDITIONS OF CONTRACT
- GENERAL INFORMATION
The ownership of this website, www.yousfis.com, (hereinafter Website) is held by: NAME, provided with NIF YOUSFIS, S.L., ESB85829471 and registered in the Mercantile Registry of MADRID; and its registration data are TOMO 27.502, FOLIO 165, SECTION 8 and whose contact information is:
Address: Calle Vereda de la Solana, Nº50, Nave 16, Valdemoro, 28343, Madrid, Spain
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.yousfis.com) and the purchase or acquisition of products and / or services therein (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity that YOUSFIS, S.L. develops through the Website includes: The sales generated both online and in physical store, which are sales regulated by current Spanish legislation on health.
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore , accepting, from the start of the Website’s browsing, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities will be informed.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website. The Website is aimed mainly at Users residing in Spain. YOUSFIS, S.L. does not ensure that the Website complies with the laws of other countries, either totally or partially. YOUSFIS, S.L. declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain. The User may formalize, at their choice, with YOUSFIS, S.L. the contract for the sale of the products and / or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of www.yousfis.com, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on: ” FINISH PURCHASE OR PURCHASE NOW “.
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified. Next, the User will receive an email confirming that YOUSFIS, S.L has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website. Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, where appropriate, through your personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from info @ yousfis.com using the contact spaces on the Website or through the contact details provided above. The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by YOUSFIS, S.L. through the Website are subjected to the availability of the products and / or to the fact that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, YOUSFIS, S.L. undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different issue is indicated and applied by legal requirement, especially in relation to VAT. Shipping costs are included in the final prices of the products as shown on the Website. Thus, YOUSFIS S.L. performs delivery and / or shipping services through TIPSA EN ESPAÑA AND DHL INTERNACIONAL. In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card, and Bank transfer. Credit cards will be subjected to checks and authorizations by the issuing bank. If said entity does not authorize payment, YOUSFIS S.L. It will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once YOUSFIS S.L. receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, established place. In any case, by clicking on “BUY” the User confirms that the payment method used is his or that, where appropriate, he is the legitimate owner of the gift card or credit card. Purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system of payments used by YOUSFIS SL for the Website. When the system receives the transfer, the order will be prepared and managed for shipping. Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, YOUSFIS, S.L. will not be able to validate the order, which will be canceled.
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands). Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. If for any reason, which is attributable to it, YOUSFIS S.L. could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made in 3 to 5 business days. If it is impossible to deliver the order due to the User’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again. If the User is not going to be at the place of delivery in the agreed time slot, they must contact YOUSFIS S.L. to arrange delivery another day. In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to YOUSFIS, S.L., YOUSFIS S.L will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User’s own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on. For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address. The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when YOUSFIS S.L. receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount being paid by YOUSFIS S.L. in accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
7. TECHNICAL MEANS TO FIX ERRORS
The User is made aware that in case he detects that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting YOUSFIS S.L. through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact information provided in the first clause (General information ). Likewise, this information could also be corrected by the User through their personal connection space to the Website. In any case, the User, before clicking on “BUY”, has access to the space, cart, or basket where your purchase requests are noted and can make modifications. In the same way, the User is sent to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.
In the cases in which the User acquires products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
- Right of Withdrawal: The User, as consumer and user, makes a purchase on the Website and, therefore, you have the right to withdraw from said purchase within a period of 14 calendar days without the need for justification. This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on YOUSFIS S.L. Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order. To exercise this right of withdrawal, the User must notify YOUSFIS, S.L. of his decision. You may do so, where appropriate, through the contact spaces provided on the Website or through:
- EMAIL: email@example.com
- TELEPHONE: +34 9111 599 45
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that YOUSFIS S.L. makes available to you as a part attached to these Conditions, however, its use is not mandatory. To meet the withdrawal period, it is enough that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires. In case of withdrawal, YOUSFIS, S.L. will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a mode of delivery other than the less expensive mode offered on the Website) without any undue delay and, in all case, no later than 14 calendar days from the date on which YOUSFIS SL is informed of the decision to withdraw by the User. YOUSFIS S.L. will reimburse the User using the same payment method that he used to carry out the initial purchase transaction.
This refund will not generate any additional cost to the User. However, YOUSFIS S.L. could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first. The User can return or send the products to YOUSFIS S.L. at: Calle Vereda de la Solana, nº50, nave 16, Valdemoro, 28343, Madrid. And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date YOUSFIS, S.L. was informed of the withdrawal decision. The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; products for hygiene or health reasons are sealed and have been unsealed after delivery. In this same sense, the provision of a service that the User could contract on this Website is governed by it, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by YOUSFIS SL, they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice. In the following link you can download the withdrawal form model:
(Form will be available soon)
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact YOUSFI, SL, immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same item. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be observed.
The User, as consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, responding YOUSFIS SL, therefore, due to the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by YOUSFIS, S.L. and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect. On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
10. DISCLAIMER OF LIABILITY
Unless legal provision to the contrary, YOUSFIS S.L. will not accept any responsibility for the following losses, regardless of their origin:
- Any losses that were not attributable to any default on its part.
- Business losses (including loss of earnings, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties. Likewise, YOUSFIS, S.L., also limits its responsibility in the following cases:
- YOUSFIS S.L. applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or other of this nature.
- YOUSFIS S.L. will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. YOUSFIS S.L. puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure.
- YOUSFIS S.L. will not be responsible for the misuse and / or wear of the products that have been used by the User nor will it be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
- In general, YOUSFIS S.L. will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, they are due to force majeure, and this may include, by way of example but not exhaustive: Strikes, lockouts or other protest measures; Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster; Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private; Impossibility of using public or private telecommunications systems; Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the force majeure continues, and YOUSFIS S.L. will have an extension in the term to comply with them for a period of time equal to the duration of the force majeure. YOUSFIS S.L. will use all reasonable means to find a solution that allows us to fulfill our obligations despite force majeure.
11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with YOUSFIS, S.L. are electronic (email or notices published on the Website). For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that YOUSFIS, S.L. send electronically meet the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and / or communicate with YOUSFIS, S.L. through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, YOUSFIS, S.L. can contact and / or notify the User by email or at the postal address provided.
No resignation from YOUSFIS S.L. to a right or specific legal action or the lack of requirement by YOUSFIS S.L. of strict compliance by the User of any of their obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations. No resignation from YOUSFIS S.L. to any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
14. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these, constitute the entire agreement existing between the User and YOUSFIS, S.L. in relation to the object of sale and replace any other prior pact, agreement or promise agreed verbally or in writing by the same parties. The User and YOUSFIS S.L. acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
The information or personal data that the User provides to YOUSFIS S.L. in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true.
16. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation. Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between YOUSFIS S.L. and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
17. COMPLAINTS AND CLAIMS
The User can send YOUSFIS S.L. his complaints, claims or any other comment you wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, YOUSFIS S.L. has official complaint forms available to consumers and users, which they can request from YOUSFIS S.L. at any time, using the contact information provided at the beginning of these Conditions (General Information). Likewise, if the conclusion of this purchase contract between YOUSFIS S.L. and the User will emanate a dispute, the User as a consumer can request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matter. You can access this method through the website: http://ec.europa.eu/consumers/odr/