Terms of Service

Introduction

This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website (www.the-are.com) and your purchase of products from this website (the "Terms").

Please read these Terms, our Cookie Policy and our Privacy Policy (collectively, the "Privacy 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 Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.

If you have any questions regarding the Terms and Conditions or the Privacy Policy, please contact us at contact@the-are.com.

The purpose of the website is to offer and advertise the sale of all kinds of fashion.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or customer expressly declares to know, understand and accept the conditions of use and these general conditions of contract. Likewise, you declare that you are of legal age and have the legal capacity to access the website www.the-are.com and contracting through it.

Our data

The General Conditions of Contract regulate the relationship of distance selling between Youandi Infinite S.L. (hereinafter THE-ARE) and the user or customer, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

Your data and your visits to this website

The information or personal data you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data provided by you are truthful and correspond to reality.

Use of our website

By using this website and placing orders through it you agree to:

1. To make use of this website only to make legally valid inquiries or orders.
2. Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this 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 represent that you are over 18 years of age and have the legal capacity to enter into a contract.

How to place an order

To place an order, you must follow the online checkout procedure and click on "Finalize Order". You will then receive a confirmation e-mail acknowledging receipt of your order (the "Order Confirmation") with the details of your order. We will also inform you by e-mail when your order is being shipped to you (the "Shipping Confirmation").

Product Availability

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will contact you and give you the option to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.

Technical means to correct errors

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service through our channels, as well as exercise the right of rectification provided in our Privacy Policy through the same email.

This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this web page offers the details of all the articles that you have added to your basket during the purchase process, so that, before making the payment, you will be able to modify the data of your order.

If you detect an error in your order after the completion of the checkout process, you should immediately contact our customer service department at the above telephone number or email address to correct the error.

Shipping and delivery

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will ship the order consisting of the product/s listed in each Shipping Confirmation within the period indicated on the website in the Shopping Guide menu (Shipping) according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

Regarding the virtual gift card, we will send it to your email in a maximum of 24 hours. As a general rule, it will be sent in less than 1 hour.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver to your home on Saturdays or Sundays.

For the purposes of these Conditions, "delivery" or "delivery" of the order shall be deemed to have occurred 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.

The virtual gift card shall be deemed to be delivered in accordance with the terms and conditions of the Gift Card Terms of Use and, in any event, on the date the gift card is sent to the e-mail address indicated by you.

*For shipments outside the European Union, we are not responsible for the payment of customs duties, tariffs, or any other taxes. These must be paid by the final customer. If the order is returned to us for not having been accepted, we will deduct the charge from the return of the package.

For more information click here.

Impossibility of delivery

If it is impossible for us to make the delivery, the courier will try to reach you by phone. If he is unsuccessful, he will leave a notice in a visible place (front door, mailbox, etc.) with a contact telephone number for you to request a redelivery. The second delivery will be made on the date agreed upon by telephone. In the event that delivery cannot be made during this second attempt, the package will be deposited at the agency until a new delivery date is agreed upon.

In the event that 15 days after your order is available for delivery, and the order has not been delivered for reasons not attributable to us, the courier service will return the package to us. As a consequence of the re-shipment of the package, the customer will have to pay again the amount of the shipping costs for us to resend the package to his address.

This clause does not apply to the virtual gift card, the delivery of which shall be governed by the provisions of the Gift Card Terms of Use and the provisions of clause 8 above.

Transfer of risk and ownership

The risks of the products shall be borne by you from the time of delivery. You will acquire ownership of the goods when we receive payment in full of all amounts due in respect of the goods, including delivery charges, or at the time of delivery (as defined in clause 8 above), whichever is the later.

Price of payment

The prices on the website include VAT (where applicable), but exclude shipping costs, which will be added to the total amount due as set out in our Buying Guide - Shipping.

Prices may change at any time, but any changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order. A detailed description of the purchase process is available in the Purchase Guide. In addition, if you are a registered user, you have a detail of all the orders placed in the section My Account.

You can use Visa, Mastercard, American Express, Affinity Card and PayPal as payment methods. You can also pay all or part of the price of your purchase with a gift card. *We do not accept prepaid cards. Additionally, you will be able to pay the price of your order by cash on delivery in exceptional cases, you must contact us for this type of payment.

To minimize the risk of unauthorized access, your credit card information will be encrypted.

By clicking on "Finish the order" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.

Purchase as a guest

This web page also allows the purchase through the functionality of purchase as a guest. In this mode of purchase, you will only be asked for the essential data to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.

Value added tax and invoicing

In accordance with the provisions of Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spain (peninsula). The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

If it is delivered in the Canary Islands, the price, although it appears with 21% VAT, will be considered without VAT. This is an error of our CMS that does not take into account that there may be different VATs in the same country. In case you need an invoice for the Canary Islands, we will make it correctly.

You expressly authorize us to issue the invoice in electronic format. However, you may at any time indicate your wish to receive a paper invoice, in which case, we will issue and send the invoice in this format. However, if you are unable to pick it up in person and we have to send it to you, you will have to pay the carrier's costs.

Return policy

Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in the event that the goods making up your order are delivered separately. To exercise the right of withdrawal, you must notify THE-ARE, at the address: C / Alaun 9, 50197 Plataforma Logística, Zaragoza, Spain, or by writing to the email contact@the-are.com your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You may use the model withdrawal form attached as an Annex to these Conditions, although its use is not mandatory. In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund to you all payments received from you, excluding shipping costs without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. It being understood that the time elapsed since receipt of the order may not exceed 14 calendar days.

You must return or deliver the products directly to us at any of THE-ARE stores in Spain or deliver the products by postal return THE-ARE, C / Alaun 9, 50197 Plataforma Logística, Zaragoza, Spain, without undue delay and, in any case, no later than 14 calendar days from the date you receive the order. The deadline shall be deemed to have been met if you return the goods before the deadline has expired.

Unless you return the goods in a THE-ARE store in Spain, you must bear the direct cost of returning the goods. Always, whether in stores or online, you must send, along with the products, a printout of the PDF indicated in the conditions of exchanges and returns for us to know what order it is. Without this sheet, we will not be able to make the return.

Contractual right of withdrawal.

In addition to the right of withdrawal legally recognized to consumers and users and mentioned in the previous clause, we grant you a period of 14 days from the date of delivery of the products to make changes or returns of products (except those mentioned in clause 14.3 below, for which the right of withdrawal is excluded). Within these 14 days we must receive the goods in our stores or warehouses. The return of the Gift Card is governed by the Gift Card Terms of Use.

In case you exchange or return the goods within the contractual period of the right of withdrawal, but after the statutory period has expired, you will be reimbursed only the price paid for such goods. You will bear the direct costs of returning the product when you do not make the return in one of THE-ARE stores in Spain. In that case, remember that you must send, along with the products, a printed copy of the PDF indicated in the conditions of exchanges and returns for us to know what order it is. Without this sheet, we will not be able to make the return.

You may exercise your right of withdrawal in accordance with the provisions of clause 14.1 above, but if you inform us of your intention to withdraw from the contract after the legal withdrawal period, you must in any case deliver the goods to us within 14 calendar days from the date of delivery of the products.

Common provisions

You shall not be entitled to withdraw from the contract the subject matter of which is the supply of any of the following products:

* Personalized items.

* Any type of accessory such as handbags, capes, belts, headbands, earrings or other jewelry for reasons of hygiene.

* Goods sealed for hygienic reasons which have been unsealed after delivery.

Your right to withdraw from the contract shall apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the product/s while they are in your possession. Please return the item(s) using or including all original packaging, instructions and other accompanying documents. You can make returns in our THE-ARE store in Spain or by post.

• Returns in THE-ARE store in Valencia and Barcelona:

You can return the products in our THE-ARE store in Valencia. In this case, you must come and deliver with the item a printed copy of the PDF indicated in the conditions of changes and returns. And you must also present the electronic ticket showing it digitally through the screen of your mobile device or taking it printed to the store.

• Return and postal exchange:

You will be able to deliver the products through postal return assuming the costs yourself. You must leave the item in the same package in which you received it and follow the instructions in the "Returns and Exchanges"sectionin the menu below the website or in the email itself. If you have made a purchase as a guest, you may request to return the products by contacting us through any of our Customer Service channels.

In case you send it on your own, please remember that you must send, together with the products, a printed copy of the PDF indicated in the conditions of exchanges and returns. Please note that if you decide to return the items to us freight collect, we will not accept the package.

After examining the item we will let you know if you are entitled to a refund. The refund will be made as soon as possible and will be reflected in your account within 14 days. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. The refund will always be made to the same means of payment that you used to pay for the purchase, except when a gift voucher is presented for the return. In the latter case, the reimbursement will be made by credit card or credit voucher.

You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our email contact@the-are.com.

Returns of orders with the option 'Store Pickup' in Valencia or Madrid, if after 5 days after your order is available for collection (you will have received the email "Confirmation of arrival order to store"), the order has not been collected for reasons not attributable to us, will begin to count the withdrawal period of 14 calendar days for exchange or refund. In case of withdrawal on your part, with return of the package in store, we will refund all payments received from you and proceed to make such refund using the same means of payment used for the initial transaction.

Returns of defective products

In cases where you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately through our email contact@the-are.com providing product data as well as the damage suffered, where we will tell you how to proceed. The product can be returned to our stores in Valencia and Madrid in Spain, by post or by sending it to the address indicated above. We will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time if the refund or replacement of the product (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including delivery charges incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase, except when a gift voucher is presented for the return. In the latter case, the refund will be made by a card or a THE-ARE credit ticket. In any case, the rights recognized by the legislation in force remain unaffected.

LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of such product. However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their source:

* loss of income or sales;

* loss of business;

* loss of profits or loss of contracts; * loss of anticipated savings

* loss of anticipated savings;

* loss of data; and

* 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 warrant the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.

Warranties

If you contract as a consumer and user, we offer warranties on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.

It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are ordinarily intended and (iii) they present the usual quality and performance of a product of the same type that are reasonably expected.

In this regard, if any of the products are not in conformity with the contract, you must notify us by following the procedure detailed in section 14.4 above and through any of the means of communication provided for this purpose.

The products we sell, especially handicraft products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation 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 must be accepted as part of the individual appearance of the product.

Industrial and Intellectual Property

You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the materials or contents provided as part of the website belong at all times to us or to those who have licensed us to use them. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or Contact Us information.

Restriction on Resale and External Rental of THE-ARE Products

This agreement provides that the recipient of THE-ARE branded products (hereinafter referred to as "the Recipient") acknowledges and agrees that the products purchased under this agreement shall not be resold or rented through any portal or e-commerce platform not directly operated by THE-ARE.

THE-ARE reserves the right to maintain exclusivity in the distribution and sale of its products. Therefore, the Recipient agrees not to make THE-ARE products available for purchase or rental on any portal external to THE-ARE.

In case the Recipient breaches this restriction and proceeds to resell or rent THE-ARE products on portals or e-commerce not authorized by THE-ARE, it will be considered a serious breach of the terms of this contract. THE-ARE reserves the right to take appropriate legal action, which may include actions for damages, as well as the prohibition of future purchases of THE-ARE products by the Recipient.

Both parties agree that this restriction is essential to maintain the exclusivity and image of THE-ARE brand. This point of the contract seeks to ensure that THE-ARE products are purchased and enjoyed through official and authorized channels, preserving the quality and value of the brand.

Viruses, hacking and other computer attacks

You shall not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging software or material. You will 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 could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

Links from our website

In the event that our website contains links to other websites and materials of third parties, such links are provided for information purposes only and we have no control over the content of such websites or materials. We therefore accept no liability for any loss or damage arising from their use.

Written communications

Applicable law requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.

Notices

The notifications that you send us should preferably be sent through our email contact@the-are.com and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you when placing an order. Notifications will be deemed to have been received and properly made at the same time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

Assignment of rights and obligations

The contract is binding on both you and us, as well as our respective successors, assigns and successors in title. You may not convey, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without obtaining our prior written consent. We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law, nor will they void, reduce or otherwise limit any warranties, whether express or implied, that we may have given to you.

Events beyond our control

We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
5. Impossibility of using public or private telecommunications systems.
6. 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 have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.

Waiver

The failure by us to require strict performance by you of any of your obligations under a contract or these Terms or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or these Terms shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any agreement or the Terms. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notice section above.

Partial Invalidity

If any of these Terms or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.

Entire Agreement

These Terms and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally 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 us prior thereto, except as expressly mentioned in these Terms. Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

Our right to modify these conditions

We reserve the right to change these Terms and Conditions. We will keep you informed of material changes to these Terms and Conditions. These will not be retroactive and, subject to possible exceptions on a case-by-case basis, will apply after 30 days from the date of their publication in the relevant notice.

If you do not agree with the changes, we recommend that you do not use our website.

Applicable law and jurisdiction

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

Comments, suggestions, complaints and claims

We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims via our email address contact@the-are.com, telephone number, postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our email contact@the-are.com. Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address contact@the-are.com in order to request an out-of-court settlement of disputes.

In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/ .

Model withdrawal form

(this form is to be completed and sent only if you wish to withdraw from the contract)

To the attention of Youandi Infinite S.L. acting under the trade name THE-ARE, C/ La Safor 5, 46940 Manises, Valencia, Spain. Email: contact@the-are.com

I hereby inform you that I withdraw from my contract of sale of the following good:

Ordered on/received on (*).

Consumer's name:

Consumer's address:

Consumer's signature (only if this form is submitted on paper)

Date

(*) Cross out what does not apply