LEGAL NOTICE AND PURCHASE CONDITIONS OF THE UTERQÜE WEBSITE
1. INTRODUCTION
This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website and purchase of products on it (hereinafter referred to as the "Conditions").
We urge you to read the Conditions carefully before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions, so if you do not agree with all of the Conditions, you must not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of use of the website or formalisation of the Contract (as defined further on) shall be those that apply.
2. OUR DETAILSThis website is operated under the name UTERQÜE by FASHION RETAIL ESPAÑA, S.A., a Spanish company located in Avda. de la Diputación s/n, Edificio Inditex, 15142 Arteixo (A Coruña), registered in the Mercantile Registry of A Coruña, in Volume 3,425, General Section, Page 49, Sheet C-47,731, entry 1, with Corporate Tax Number A70301981.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITEThe information or personal details that you provide us about yourself shall be processed in accordance with the Privacy Policy. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
4. USE OF OUR WEBSITEWhen you use this website and place orders through it, you agree to:
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
5. SERVICE AVAILABILITYThe articles offered on this website are available for their delivery in the Spanish territory only.
6. FORMALISATION OF THE CONTRACTThe information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to treat. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click "Authorise Payment". After doing so, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an e-mail in which we will confirm that the order is being sent (the “Delivery Confirmation”). The contract between us to buy a product (the “Contract”) shall be formalised only when we send you the Delivery Confirmation.
Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.
7. PRODUCT AVAILABILITYAll product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDERWe reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always make our best efforts to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for removing any product from this website, regardless of whether or not the product was sold, for removing or modifying any material or content from the website, or refusing to process an order once we have sent the Order Confirmation.
9. DELIVERYNotwithstanding clause 7 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the relevant Delivery Confirmation or, if no delivery date is specified, within 15 days from the date of the Delivery Confirmation.
Nonetheless, there may be delays for any of the following reasons:
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make deliveries on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" shall be understood to have taken place or the order "delivered" as soon as the receipt has been signed at the agreed delivery address.
10. IMPOSSIBILITY TO DELIVERIf after two attempts we have been unable to delivery your order, we will attempt to find a safe place to leave it. In addition, we will leave you a note indicating where your order is located and how to retrieve it. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day.
If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to annul the Contract and it will be terminated. If the contract is terminated we shall reimburse the sum paid for said products as soon as possible and, in all cases, within 30 days from the date the Contract is terminated. In these cases, we are authorised to retain the delivery costs derived from delivery and terminating the Contract.
11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTSThe product risks shall be your responsibility from the moment of delivery.
You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 9 above), if that were to take place at a later time.
12. PRICE AND PAYMENTThe price of each product will be as stipulated at any given moment on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The prices on the website include VAT, but exclude delivery fees, which are added to the total price as indicated in our Guide to Delivery Fees.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent a Delivery Confirmation.
Once you have made your purchases, all articles that you wish to buy will have been added to your basket and the next step will be to process the order and make payment. To do so:
You may pay using Visa, MasterCard, American Express, Affinity Card and PayPal. To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we will execute a pre-authorisation on your credit card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If your payment method is PayPal, the charge will be made when we confirm your order.
When you click "Authorise Payment", you are representing that the credit card is yours.
We use "AKAMAI" to ensure that the payment has been made in a secure way.
Credit cards are subject to verification and authorisation by the card issuing entity, but if the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalise any Contract with you.
13. VALUE ADDED TAXPursuant to article 68 of Law 37/1992, of 28 December, on Value Added Tax Act, the delivery location for the articles shall be considered to be within the territory in which Spanish VAT applies if the delivery address is in Spain, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be as legally established at any given moment based on the specific article in question.
For orders sent to the Canary Islands, Ceuta and Melilla, deliveries are VAT-exempt in application of article 21 of Law 37/1992, notwithstanding the application of the corresponding taxes and tariffs in accordance with the current legislation in each of those territories.
14. EXCHANGE/RETURN POLICY 14.1 Legal right to cancel the ContractIn accordance with the applicable regulations, if you are entering into a Contract as a consumer, you may cancel the Contract (except when the object of the same is any of the products for which the right to cancel is excluded in clause 14.3 below) at any time within a 7 working days cooling off period from the date the order was delivered.
In this case, the amount paid for said products shall be reimbursed. You will be responsible for the direct costs of returning the product when the return is not carried out by the free means mentioned in clause 14.3 below.
You may prove the exercising of the right to cancel by any means permitted by law. In any case, the right shall be validly exercised when you send the return form that we provide you with or by returning the products.
This provision does not affect any other consumer rights recognised by current legislation.
14.2 Right to withdraw from contractIn addition to the legally recognised right to cancel for consumers and users, mentioned in clause 14.1 above, we grant you a period of 30 calendar days from the date of the Delivery Confirmation of the products to return the products (except those mentioned in clause 14.3 below, excluded from the right to cancel).
In this case, the amount paid for said products shall be reimbursed. You will be responsible for the direct costs of returning the product when the return is not carried out by the free means mentioned in clause 14.3 below.
You must exercise your right to cancellation by sending the return form that we provide you with or by returning the products.
14.3 Common provisionsYou shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. Please return the products using or including their original packaging. You must also include all product instructions, documents and wrappings. In any case, you must send the product to be returned together with the completed receipt, which you will have received when the product was delivered. No refund shall be paid if the product has been used beyond simply opening it or if it has been damaged, so you must take care of the products while they are in your possession.
Exchanges may only be made for the same article in a different size or colour.
You will find a summary on exercising this cancellation right when you receive the Delivery Confirmation.
You may return the products at any UTERQÜE shop in Spain or by means of a courier that we will send to your home.
a) Returns at a UTERQÜE shopYou may return the products at any of our UTERQÜE shops in Spain. In this case, you must go to any of the shops and present the article together with the fully completed return document (hereinafter referred to as the “receipt”), which you will have received with the delivery of the product.
b) Returns by courier
You must contact us through our return request system so that we can organise the collection from your home. The goods must be delivered in the same package in which they were received, following the instructions that you will find in the “RETURNS” section on this website.
Neither of the two options shall be at any additional cost to you.
If you do not wish to return the products by means of any of the available free options, you will be responsible for the return cost. Please keep in mind that if you decide to return the articles to us postage due, we will be authorised to charge you for any costs that we incur.
After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 30 days from the date on which you notified us of your intention to cancel. The refund will always be paid using the same payment means you used to pay for your purchase.
If you have any questions, you may contact us on our contact form or by ringing 900 456 001.
14.4 Returns in the Canary Islands, Ceuta and MelillaIf you want to exchange or return a product that was delivered to the Canary Islands, Ceuta or Melilla, you may do so by going in person to any UTERQÜE shop, in accordance with this clause. If you are not able to do this, you must contact us by ringing 900 456 001 to arrange collection of the product with us or any of our representatives by courier or by return at your own expense.
14.5 Returns of defective productsIn cases in which you consider that, at the moment of delivery, the product is not as stipulated in the Contract, you must contact us immediately on our contact form , providing details of the product and the damage sustained, or by ringing us on 900 456 001, where we will indicate what you need to do.
You may return the product at any of our UTERQÜE shops in Spain or by handing it over to the courier that we will send to your home.
We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 30 days from the date on which we send you an email confirming the that refund or replacement of the product is going ahead.
The amounts paid for any products returned due to any damage or defect, where applicable, will be reimbursed in full, including delivery charges incurred as a result of sending the article to you. The refund shall be paid by the same payment means you used to pay from the purchase.
This clause does not affect your statutory rights.
15. LIABILITY AND DISCLAIMERUnless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied guarantees on the same.
To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favour of consumers and users.
The provisions in this clause shall not affect your legal rights as a consumer and user, nor your right to cancel the Contract.
16. INTELLECTUAL PROPERTYYou recognise and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorise it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKSYou must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause may be considered an infraction defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
18. LINKS FROM OUR WEBSITEIf our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
19. WRITTEN COMMUNICATIONSThe applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognised by law.
20. NOTIFICATIONSThe notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 19 above and unless otherwise stipulated, we may send you notifications either by e-mail or to the postal address you provided us when placing an order.
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box, and in the case of an email, that the notification was sent to the email address specified by the recipient.
21. TRANSFER OF RIGHTS AND OBLIGATIONSThe Contract is binding both for you and for us, as well as for our respective successors, transferees and heirs.
You may not transmit, assign, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same in your favour or for you, without having obtained our written consent in advance.
We may transmit, assign, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same in our favour or for us, at any time during the life of the Contract. To avoid any doubt, said transmissions, assignments, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
22. EVENTS BEYOND OUR CONTROLWe will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Situations of Force Majeure shall include any act, event, failure to exercise, omission or accident that is reasonably out of our control and shall include especially (without limitation) the following:
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
23. WAIVING RIGHTSThe lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
24. SEVERABILITYShould any of these Conditions or any provision of a Contract be declared null and void by final resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
25. ENTIRE AGREEMENTThese Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without relying on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.
26. OUR RIGHT TO MODIFY THESE CONDITIONSWe have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in force at the moment in which you use this website or place each order, except when by law or decision of governmental bodies we must make changes retroactively to said policies, Conditions or Privacy Statement, in which case the possible changes will also affect orders previously made by you.
27. APPLICABLE LEGISLATION AND JURISDICTIONThe use of our website and the product purchase contracts through said website shall be governed by Spanish law.
Any dispute that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.
28. COMMENTS AND SUGGESTIONSYour comments and suggestions are always welcome. Please send any comments and suggestions through our contact form .