Terms of service
When contracting with Conexionborn, S.L. (hereinafter, "Born Living Yoga" or the "Seller") it is essential to read these General Terms and Conditions that apply to the services offered by the Seller.
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 when required by applicable law, Users who have a current relationship will be notified.
Owner: Conexionborn, S.L.
Registered Address: Calle Carreteros 3, Nave 5- Polígono Industrial, Boadilla del Monte, 28660, Madrid.
Telephone: +34 91 805 64 02
Registration data: Commercial Registry of MADRID T 36099, F 137, S 8, H M 648601.
II. PURPOSE OF THE TERMS AND CONDITIONS
The purpose of these Terms and Conditions is to regulate the commercial relationship between the Purchaser and Born Living Yoga. Specifically, the present clauses are established as the regulatory bases that will be applicable once the User proceeds to make the purchase of any of the products offered on the Web Site.
III. ACCESS TO THE SERVICE
The Buyer may proceed with the purchase of the products offered on the Website through a previous registration or by providing his/her data prior to the purchase.
III.I. Through registration and access to the Website
It is a requirement to register as a User to be over eighteen (18) years of age and to have provided all the required and mandatory data.
Likewise, the User assumes that the password and the User account are personal and non-transferable.
The User will provide the 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 will be valid for an unlimited period of time, subject only to the time that the User's account remains active.
Notwithstanding the foregoing, the User may modify his/her password at any time, through the tools made available to him/her by Born Living Yoga through the User area.
The User agrees to make diligent use of his/her password and to keep it secret, and may not transmit it to any third party. Consequently, the Users will be responsible for the proper custody and confidentiality of any identifiers and/or passwords that they have selected as registered Users, and agree not to cede their use to third parties, whether temporary or permanent, nor allow third parties access to their account. The User shall be responsible for the lawful use of his/her account, and shall be liable for any damage caused by a third party who accesses his/her account using his/her access credentials.
By virtue of the foregoing, it is the obligation of the User to immediately notify Born Living Yoga of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. As long as such events are not communicated, Born Living Yoga will be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorized third parties.
III.II. At the time of purchase
The Buyer will be able to enter the billing and shipping information once he/she proceeds with the purchase. The data entered by the Buyer must be true, being Born Living Yoga free of liability in cases where the Buyer, either voluntarily or involuntarily, enter data that do not correspond to reality.
Access as a registered user of the Platform will begin once the data required for registration have been entered and after acceptance of these Terms and Conditions. Access as a user will remain valid until the User's request for cancellation.
The sales prices in the product file are shown with VAT. In all cases the prices are expressed in Euros and do not include transport costs.
The prices shown on the Web Site correspond to an assigned rate with annual validity. Some products may be subject to price variations depending on cost fluctuations in the market.
Born Living Yoga reserves the right to vary the price assigned to each product, without prior notice.
The products will be invoiced, as a general rule, at the price of the rate in force at the time of the order, except for promotions and/or campaigns.
Born Living Yoga ships mainly to addresses located in Spain and other member states of the European Union.
The delivery time of the orders varies depending on the location of the Buyer. For this reason we recommend that you contact us through our contact email to provide you with more information.
Delays in delivery will entitle the cancellation of the order placed and the corresponding immediate refund of the amount paid by the customer.
In no case will delays in delivery give the right to the payment of 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 delivery.
In case of visible defects, never sign the merchandise as conforming, but rather make an immediate complaint to the carrier by means of a written reservation on the carrier's delivery note.
If the goods have been damaged during transport to the point of being unusable, the consignee is not obliged to accept them.
In case of 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 delivery via our form. Claims made after this time will not be valid.
VI. SHIPPING COSTS
The Buyer will be able to know the shipping costs once the products have been selected prior to the formalization of the purchase. The amount of the same ones varies according to the location of the Buyer.
If the above limits are exceeded, the customer will be informed of the total cost of shipping and delivery time, prior to shipment.
VII. PRODUCT WARRANTY
In the case of a defective product, the Buyer must inform Born Living Yoga of the lack of 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 evaluate each case in detail in order to determine the causes that have led to the defects in the products purchased by the Buyer with the objective of providing a response as soon as possible.
Returns for any reason must be processed through any of the means of contact established at the beginning of this document. In order to proceed with the return, it will be necessary to have the purchase order and the Buyer's identification data.
There are several return situations:
i) Originated by transport incidence, defective merchandise:
If once received the order the client observes damages derived from the transport, or the products are defective, or there are errors of preparation, it will be advisable to communicate it to us in the maximum term of 2 working days from the reception of the order. Never sign the goods as conforming but make an immediate complaint to the carrier by means of a written reservation on the carrier's delivery note if visible damage caused by the transport is observed (see previous section). In the latter case, it is very effective to take a photograph of the package received damaged by the transport and attach it as proof.
Born Living Yoga will be in charge of placing the replacement order and organizing the pick-up, informing the client of the estimated date of both steps.
ii) Originating from a change of opinion of the Client (satisfaction guarantee):
The customer has 14 calendar days from receipt of the order to request the total or partial return of its products, provided they are kept in perfect condition, unused, inside their original packaging, with all its accessories. If the original packaging is not kept in perfect condition for resale, the product may be subject to depreciation.
Returned products must be packed as originally packed and over-packed before being delivered to the carrier.
The amount of the transport costs derived from the return shall be borne by the Buyer.
Once the merchandise has been received and verified that it is unused and in perfect condition, the amount will be refunded minus the transport and handling costs (if any), by means of a negative invoice.
Born Living Yoga reserves the right to pay a lower amount in case the material does not arrive in perfect condition or with all its accessories or complements.
Payment is understood to be in cash and will be made through Paypal, Stripe or Shopify Payments. Once the payment is validated, Born Living Yoga will proceed to ship the products purchased by the Buyer.
X. SUSPENSION AND CANCELLATION
The condition of User will be immediately lost if the User, having been registered as such, ceases to comply with all or some of the aforementioned conditions in section III, as well as the one who:
- Generates or facilitates the generation of artificial traffic to the linked websites, including the execution, visualization or clicking of banners by himself or under his order or incitement;
- Uses incentivized traffic, e-mail marketing, keyword marketing or search engine advertising without Born Living Yoga's express prior authorization;
- Modify the advertising content without the prior express authorization of Born Living Yoga;
- Alter in any way the real data of efficiency or effectiveness of the campaigns and/or deliver them altered to Born Living Yoga;
- Breaches the terms established in these Terms and Conditions.
The user may request his/her voluntary unsubscription at any time, losing such condition after TEN (10) calendar days from the date on which said request was effectively received by Born Living Yoga. The User will make the cancellation request by sending an e-mail to email@example.com .
For its part, 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 the content and/or use of the services of the Web Site, with prior notification, to the Users who contravene any of the provisions detailed in these Terms and Conditions, without the possibility of the User being able to demand any compensation for this cause. The suspension will become effective TEN (10) calendar days after Born Living Yoga has sent the appropriate notification.
XI. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, domain name, trademarks, distinctive signs and logos that intervene or are related to the service of the present Terms and Conditions, except for elements published by means of authorization, 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 commercialization by the user or third parties without the express authorization of the owner. The contents, brands or logos that are not owned by the Users belong to their respective owners, who are responsible for their ownership or in case of any controversy that may arise.
XII. SECRECY AND PROTECTION OF DATA
Both the Users and Born Living Yoga are obligated to maintain the secrecy of all the information, principal or accessory, exchanged to carry out the service of the present Terms and Conditions, both during the validity of the same as well as 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 these Terms and Conditions requires the processing of personal data, this will be done in accordance with said legislation.
The natural persons acting in this document on behalf of the Users accept that their respective data provided in the development 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, if applicable, the right to data portability by requesting it in writing to the addresses indicated at the beginning of these Terms and Conditions and, if necessary, to file a complaint with the Spanish Data Protection Agency. The period of conservation of such data will be the necessary to maintain the commercial relationship and once this is finished, the time necessary for the relevant legal actions.
XIII. LIMITATION OF LIABILITY
Due to the fact that Born Living Yoga cannot assure the validity and veracity of the information provided by its Users, it rejects the responsibility for any false information, as well as the responsibility derived from the distribution and misuse of the same.
In the event that Born Living Yoga provides the Users with certain documentation with content, the reliability of the same is not guaranteed, nor can it be considered under any circumstances as legal advice or counsel or of any other nature.
The language of interpretation of these General Conditions of Contract shall be Spanish (Spain).
The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of the present Terms and Conditions. Likewise, Born Living Yoga may modify the conditions stipulated herein, totally or partially, publishing any change in the same form in which they appear or through any type of communication directed to the Users.
The temporary validity of these Terms and Conditions coincides, therefore, with the time of their publication, until they are totally or partially modified, at which time the modified Terms and Conditions will become effective.
Born Living Yoga may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Web Site, without the possibility for the user to demand any compensation whatsoever. After such termination, the specifications for use of the contents set forth in these Terms and Conditions shall remain in effect.
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.
The present Terms and Conditions will be kept in electronic format by Born Living Yoga and will be permanently available to the User.
XVI. JURISDICTION AND APPLICABLE LAW
All litigious questions 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
To file complaints in the use of our services, you can contact us by email at the following address: firstname.lastname@example.org, pledging to seek at all times an amicable solution to the conflict.
Last modification: June 11, 2020