Terms of service

Before entering into a contract with Conexionborn, S.L. (hereinafter, "Born Living Yoga" or the "Seller") please read these General Terms and Conditions that apply to the services offered by the Seller.
The buyer (hereinafter referred to as the "User" or "Buyer") may only agree to purchase our products after reading and accepting these Terms and Conditions. By accepting the Terms and Conditions, the User is bound by these clauses, which, together with our Legal Notice, Privacy Policy and Cookie Policy, govern the business relationship and access to the website https://bornlivingyoga.com/ (hereinafter the "Website").
These Terms and Conditions constitute the entire agreement between the Buyer and Born Living Yoga, please read them carefully.
Born Living Yoga reserves the right to modify or change these Terms and Conditions at any time. In the event of a substantial modification, or where required by applicable law, Users who have an existing relationship will be notified.

I. IDENTIFICATION
Owner: Conexionborn, S.L.
Registered office: Calle Carreteros 3, Nave 5- Polígono Industrial, Boadilla del Monte, 28660, Madrid.
Tax identification number (C.I.F.): B-87840195
Email: hello@bornlivingyoga.com
Telephone: +34 91 805 64 02
Registration details: MADRID Commercial Registry Volume 36099, Folio 137, Section 8, Sheet M 648601.

II. PURPOSE OF THE TERMS AND CONDITIONS
These Terms and Conditions are intended to govern the business relationship between the Buyer and Born Living Yoga. Specifically, these clauses are established as the regulatory bases that will be applicable once the User proceeds to make a purchase of any of the products offered on the Website.

III. ACCESS TO THE SERVICE
The Buyer may proceed with the purchase of the products offered on the Website by means of prior registration or by providing their details before making the purchase.
III.I. By registering and logging in to the Website
In order to register as a User, you must be over eighteen (18) years of age and have provided all the information required and classified as obligatory.
In addition, the User accepts that the password and the User account are personal and non-transferable.
The User will select their password in accordance with the rules of robustness and complexity that are established from time to time by Born Living Yoga. The password created by the User shall be valid for an unlimited period of time, subject only to the length of time the User's account remains active.
Without prejudice to the foregoing, the User may change their password at any time, using the tools made available to them by Born Living Yoga through the User area.
The User undertakes to use their password responsibly, to keep it secret, and not to reveal it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered Users, and undertake not to cede their use to third parties, either temporarily or permanently, nor to allow third parties access to their account. The User shall be responsible for the lawful use of their account, and shall be liable for any damage caused by a third party accessing the account by means of the User’s access credentials.
It is therefore the User’s obligation to immediately notify Born Living Yoga of any event that allows the improper use of the identifiers and/or passwords (such as theft, loss, or unauthorised access) in order to ensure they are immediately cancelled. Until such facts are communicated, Born Living Yoga shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorised third parties.
III.II. At the time of purchase
The Buyer will be able to enter the invoicing and delivery details at the time of purchase. The data entered by the Buyer must be true. Born Living Yoga will be free of liability in cases where the Buyer, either voluntarily or involuntarily, enters false or inaccurate data.
III.III. Duration
Access as a registered user of the Platform will begin once the data required for registration has been entered and after acceptance of these Terms and Conditions. Access as a user shall remain valid until the User's request for cancellation.

IV. PRICES
The sales prices in the product details are shown with VAT. In all cases prices are in Euros and do not include delivery costs.
The prices shown on the Website correspond to the list price with annual validity. Some products may be subject to price variations due to cost fluctuations in the market.
Born Living Yoga reserves the right to change the price of each product, without prior notice.
The products will be invoiced at the price which is the rate in force at the time of the order, except for promotions and/or campaigns.

V. DELIVERIES
Born Living Yoga mainly delivers to addresses in Spain and other EU member states.
The order delivery time varies depending on the location of the Buyer. We therefore recommend that you contact us via our contact email address to provide you with more information.
Delays in delivery entitle the customer to cancel the order placed with the corresponding immediate refund of the amount paid by the customer.
In no case shall delays in delivery entitle the customer to compensation of any kind.
Born Living Yoga reminds the User of the legal obligation of the recipient to check the goods at the time of receipt.
In case of visible defects, never sign the goods as being satisfactory, but make an immediate complaint to the carrier by means of a written statement on the carrier's delivery note.
If the goods have been damaged during transport to the point of being unusable, the recipient is not obliged to accept them.
If there are visible signs of transport damage, hidden damage inside the package or preparation errors, the customer must contact Born Living Yoga within 2 working days of receipt via our contact form. Claims made at a later date will not be valid.

VI. DELIVERY COSTS
The Buyer will be informed of the delivery costs once the products have been selected prior to the formalisation of the purchase. The delivery cost varies according to the location of the Buyer.
If the above limits are exceeded, the customer will be informed of the total cost of the delivery and the delivery time before the shipment is made.


VII. PRODUCT GUARANTEE
If a product is defective, the Buyer shall inform Born Living Yoga of the non-conformity within two months of becoming aware of it. In addition to this information, Born Living Yoga will provide the Consumer with information on the existence and conditions of after-sales services and commercial guarantees, if any.
Born Living Yoga will assess each case in detail to determine the causes that have led to the damage of the products purchased by the Buyer, in order to provide a response as soon as possible.

VIII. RETURNS
Returns for any reason must be processed through the means of contact established at the beginning of this document. In order to proceed with the return, the purchase order and the Buyer's identification data will be required.
There are several return situations:
i) Due to transport incidents, defective goods:
If you notice transport damage when you receive the order, or the products are defective, or there are preparation errors, you should inform us within a maximum of 2 working days from receipt of the order. Never sign the goods as being satisfactory, but make an immediate complaint to the carrier by means of a written statement on the carrier's delivery note if visible transport damage is observed (see previous section). In this case, it is very useful to take a photograph of the package received damaged in transit and attach it as evidence.

Born Living Yoga will be responsible for raising the replacement order and arranging collection, informing the customer of the estimated date of both procedures.

ii) Due to a change of opinion of the Customer (satisfaction guarantee):
The customer has 14 calendar days from receipt of the order to request the total or partial return of products, provided that they are in perfect condition, unused, in their original packaging, with all their accessories. If the original packaging is not kept in perfect condition suitable for resale, the product may depreciate in value.
Returned products must be packed as originally packaged and then over-packed before being handed to the carrier.
The delivery costs arising from the return shall be borne by the Buyer.

Once the goods have been received and checked to ensure that they are unused and in perfect condition, the refund will be arranged, minus the transport and handling costs (if any), by means of a negative invoice.

Born Living Yoga reserves the right to pay a reduced refund if the material does not arrive in perfect condition or with all its accessories or parts.

IX. PAYMENT
Payment is understood to be in cash and will be made via Paypal, Stripe or Shopify Payments. Once the payment has been validated, Born Living Yoga will proceed to ship the products purchased by the Buyer.

X. SUSPENSION AND CANCELLATION
Any User who, having been registered as such, ceases to comply with all or some of the conditions set out in section III above, shall immediately lose the status of User, as will anyone who:
● Generates or facilitates the generation of artificial traffic to the linked websites, including by running, displaying or clicking on banners themselves or by commanding or encouraging others to do so;
● Uses incentivised traffic, email marketing, keyword marketing or search engine advertising without the prior express permission of Born Living Yoga;
● Modifies the advertising content without the prior express permission of Born Living Yoga;
● Alters in any way the actual campaign efficiency or effectiveness data and/or delivers altered data to Born Living Yoga;
● Breaches the terms set out in these Terms and Conditions.
The User may voluntarily request their registration to be removed at any time, losing such status after TEN (10) calendar days from the date on which the request was actually received by Born Living Yoga. The User will make the cancellation request by sending an e-mail to hello@bornlivingyoga.com.
Born Living Yoga reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of content and/or use of services of the Website, with prior notice, to Users who contravene any of the provisions detailed in these Terms and Conditions, without the possibility of the User being able to claim any compensation for this. The suspension will become effective TEN (10) calendar days after Born Living Yoga has sent the appropriate notification.

XI. INTELLECTUAL PROPERTY
The contents, domain name, trademarks, distinctive signs and logos involved in or related to the service of these Terms and Conditions, except for elements published by authorisation, are the property of their respective owners.
None of the elements under the ownership of Born Living Yoga or its collaborators may be the object of total or partial reproduction, distribution, transformation, exploitation or commercialisation by the user or third parties without the express authorisation of the owner. The contents, trademarks or logos owned by third parties belong to their respective owners, who shall be responsible for their ownership or in the event of any dispute that may arise.

XII. CONFIDENTIALITY AND DATA PROTECTION
Both the Users and Born Living Yoga, are obliged to maintain the secrecy of all information, principal or accessory, exchanged to carry out the service of these Terms and Conditions, both during the term of the same and once it has ended.
Both the Users and Born Living Yoga declare that they are aware of and comply with the applicable Spanish and European legislation on data protection. In the event that compliance with of these Terms and Conditions requires the processing of personal data, this will be done in accordance with such regulations.
The natural persons acting in this document on behalf of the Users accept that their respective data provided in the implementation of these Terms and Conditions (including the corresponding form) will be processed by Born Living Yoga for the purpose of managing the present contractual relationship, being able to exercise their rights of access to their personal data, their rectification or deletion, or to oppose the processing, as well as, where appropriate, the right to data portability by requesting it in writing at the addresses indicated at the beginning of these Terms and Conditions, and, if applicable, to file a complaint with the Spanish Data Protection Agency. The period of conservation of said data will be that necessary to maintain the commercial relationship and, once this has ended, the time necessary for the pertinent legal actions.

XIII. LIMITATION OF LIABILITY
Because Born Living Yoga cannot ensure the validity and veracity of the information provided by its Users, it disclaims liability for any false information, and for any liability arising from the distribution and misuse of the same.



XIV. CONTENTS
In the event that Born Living Yoga provides Users with certain documentation with content, the reliability of that content is not guaranteed, nor can it be considered under any circumstances as legal or any other kind of advice or counsel.
The language of interpretation of these General Terms and Conditions shall be Spanish (Spain).

XV. GENERAL
The headings of the various clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these Terms and Conditions. Born Living Yoga may also modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which they appear or through any type of communication addressed to the Users.
The term of validity of these Terms and Conditions coincides with the time of their display, until they are totally or partially modified, at which time the modified Terms and Conditions will come into force.
At any time and without prior notice, Born Living Yoga may terminate, suspend or interrupt access to the contents of the Website, without the possibility of the User being able to claim any compensation whatsoever. After such termination, the terms of use of the content set out in these Terms and Conditions shall continue to apply.
In the event that any provision of these Terms and Conditions is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity shall not affect the remaining provisions.
The failure of Born Living Yoga to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Born Living Yoga.
These Terms and Conditions will be stored in electronic form by Born Living Yoga and will be permanently available to the User.

XVI. JURISDICTION AND APPLICABLE LAW
All disputes arising from the interpretation or application of these Terms and Conditions shall be settled in accordance with Spanish legislation and before the Courts and Tribunals of Madrid (Spain).

XVII. COMPLAINTS HANDLING SYSTEM
If you wish to make a complaint about the use of our services, you can send an email to hello@bornlivingyoga.com. We will always undertake to seek an amicable solution to any dispute.

XVIII. UNIQUE IDENTIFICATION NUMBERS IN THE FRENCH REGISTER OF PRODUCERS:
In accordance with the provisions of the Environmental Code, CONEXIONBORN SL has joined several environmental organisations in order to meet its obligations and, as such, has a unique identifier (hereinafter "UID") for each sector covered by the relevant extended producer responsibility obligations. These UIDs are as follows - UID for the "textile, footwear" sector: FR250101_11EBWE - UID for the “household packaging” sector: FR250034_01RQGI - UID for "sports accessories": FR250034_13YNEW.
Last modified: 11 June 2020