Terms And Conditions

1. GENERAL INFORMATION

Ownership of this website abbydelsolyoga.com (hereinafter, the Website) is held by: Abigail Davina Brain, with NIF: Y7713845G, whose contact details are:

Address: Calle Cruz 23, 29492 Jubrique, Málaga

Contact telephone: +34603639855

Contact email: [email protected]

This document (together with any other documents referred to herein) governs the conditions under which this Website (abbydelsolyoga.com) may be used, and the purchase or acquisition of products and/or services on it (hereinafter, the Terms).

For the purposes of these Terms, the activity carried out by Abby Delsol Yoga through the Website is understood to comprise:

DESCRIPTION OF THE PRODUCTS OR SERVICES THAT MAY BE PURCHASED OR CONTRACTED

In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Terms of Use, including the cookie policy and the privacy and data protection policy of Abby Delsol Yoga. By using this Website, or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and by everything mentioned above; if the User does not agree with any of this, they must not use this Website.

The User is likewise informed that these Terms may be amended. The User is responsible for reviewing them each time they access, browse and/or use the Website, as the version in force at the time the purchase of products and/or services is requested will apply.

For any questions the User may have regarding the Terms, they may contact the owner using the contact details provided above or, where applicable, the contact form.

2. THE USER

Accessing, browsing and using the Website confers the status of user (hereinafter referred to, indistinctly, individually as the User or jointly as the Users), and by beginning to browse the Website, the User accepts all the Terms established herein, as well as any subsequent amendments, without prejudice to the application of the relevant mandatory legal provisions as applicable.

The User assumes responsibility for correct use of the Website. This responsibility extends to:

Using this Website solely to make legally valid enquiries and purchases or acquisitions.

Not making any false or fraudulent purchase. If it can reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities informed.

Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see the Legal Notice and General Terms of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users resident in Spain. Abby Delsol Yoga does not guarantee that the Website complies with the legislation of other countries, whether in whole or in part. Abby Delsol Yoga disclaims any liability that may arise from such access, and likewise does not guarantee deliveries or the provision of services outside Spain.

The User may, at their discretion, enter into the contract of sale for the desired products and/or services with Abby Delsol Yoga in any of the languages in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of abbydelsolyoga.com, during which various products and/or services may be selected and added to the cart, basket or final purchase area and, finally, by clicking "PAY".

The User must also fill in and/or check the information requested at each step, although, during the purchase process, the purchase details may be amended before payment is made.

The User will then receive an email confirming that Abby Delsol Yoga has received their order or request for purchase and/or provision of the service, i.e. order confirmation. Likewise, where applicable, the User will be informed by email when their purchase is being dispatched. Where applicable, this information may also be made available to the User through their personal account on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice, which will be sent to the User by email and, where applicable, through their personal account on the Website. The User may, if they so wish, obtain a paper copy of their invoice by requesting it from Abby Delsol Yoga using the contact channels on the Website or the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale relating to the product and/or service in question, which are shown alongside its presentation or, where applicable, image on its page on the Website, indicating, by way of example but not exhaustively, and depending on the case: name, price, components, weight, quantity, colour, product details or characteristics, the manner in which the services will be carried out and/or the cost thereof; and acknowledges that placing a purchase or acquisition order constitutes full and complete acceptance of the particular conditions of sale applicable in each case.

Communications, purchase orders and payments made during transactions carried out on the Website may be archived and kept in Abby Delsol Yoga's computerised records in order to serve as evidence of the transactions, in all cases in compliance with reasonable security conditions and the applicable laws and regulations in force, and in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights afforded to Users under the Website's privacy policy.

Unless expressly stated otherwise, Abby Delsol Yoga is not the manufacturer of the products sold or that may come to be marketed on the Website. Although Abby Delsol Yoga makes every effort to ensure that the information shown on the Website is correct, the packaging and/or materials and/or components of the products may sometimes contain information that is additional to, or different from, that appearing on the Website. The User must therefore consider not only the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

The User is aware that Abby Delsol Yoga shows them, for their interest, a range of services that the owner does not provide to Users directly, but which will instead be contracted and provided by a third party other than Abby Delsol Yoga.

4. AVAILABILITY

All purchase orders received by Abby Delsol Yoga through the Website are subject to product availability and to no circumstance or event of force majeure (clause nine of these Terms) affecting the supply thereof and/or the provision of the services. Should difficulties arise regarding the supply of products, or should products be out of stock, Abby Delsol Yoga undertakes to contact the User and refund any amount that may have been paid. This will equally apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices shown on the Website are final prices, in Euros (€), and include taxes, unless legally required otherwise, particularly with regard to VAT, in which case this will be indicated and applied accordingly.

Delivery costs are included in the final prices of the products as shown on the Website. Accordingly, Abby Delsol Yoga carries out delivery and/or dispatch services through:

However, unless otherwise stated on a case-by-case basis, the prices of items on offer exclude any delivery costs that may be incurred, which will be added to the total amount due when the User arranges dispatch, at which point the User will be able to check the available delivery methods and costs and choose the one that best suits them.

Under no circumstances will the Website automatically add extra costs to the price of a product or service; only those costs that the User has voluntarily and freely selected and chosen will be added.

Prices may change at any time, but any such changes will not affect orders or purchases in respect of which the User has already completed the purchase request process on the Website, as indicated in paragraph one of clause three, having received an order confirmation.

The accepted methods of payment will be: Credit or debit card, PayPal, bank transfer, cash on delivery, credit or debit card and PayPal, credit or debit card and bank transfer, PayPal and bank transfer, credit or debit card, PayPal and bank transfer, credit or debit card, PayPal, bank transfer and cash on delivery.

Likewise, the User may pay all or part of the purchase price with a gift card and/or a prepaid card issued by Abby Delsol Yoga and/or Abigail Davina Brain.

Abby Delsol Yoga uses all available means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorisations by the issuing bank; if the bank does not authorise the payment, Abby Delsol Yoga will not be liable for any delay or failure of delivery, and will not be able to enter into a contract with the User.

Once Abby Delsol Yoga receives the User's purchase order through the Website, a pre-authorisation will be made on the relevant card to ensure there are sufficient funds to complete the transaction. The card will be charged when the dispatch confirmation and/or confirmation that the service is being duly provided is sent to the User, and, where applicable, at the place established.

If the method of payment is PayPal, a gift card or a prepaid card, the charge will be made at the time Abby Delsol Yoga sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In all cases, by clicking "PAY" the User confirms that the payment method used belongs to them, or, where applicable, that they are the legitimate holder of the gift card or prepaid card.

Purchase or acquisition orders for which the User selects bank transfer as the method of payment will be held for 5 calendar days from order confirmation, to allow sufficient time for the bank transfer to be recognised by the payment system used by Abby Delsol Yoga for the Website. Once the system receives the transfer, the order will be prepared and processed for dispatch.

When using this method of payment, the User must ensure that they enter the exact amount of the purchase order correctly, as well as the account number and transfer reference. In the event of an error, Abby Delsol Yoga will not be able to validate the order, which will be cancelled.

For cash-on-delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and proceed to PAY to place the purchase order. From that point, Abby Delsol Yoga reserves the right to contact the User in order to validate the purchase order with them. Following this, the order will be prepared and made ready for dispatch.

Payment will be made when the order is delivered by the courier. Payment shall be made in cash only. The User undertakes to give the courier the exact amount of the order, as the courier will not be able to provide change.

For refunds on orders paid by cash on delivery, Abby Delsol Yoga reserves the right to a period of 14 calendar days after the refund has been requested through the Website and the parcel has been returned to the courier. When requesting a refund, the User must provide their bank details in order to receive the transfer corresponding to the refund requested for the returned order. Refunds for orders paid by cash on delivery will be made by bank transfer only.

Abby Delsol Yoga reserves the right to suspend cash-on-delivery payment for those Users who have not met the necessary requirements on previous orders.

6. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is hereby informed that, should they detect that an error has been made when entering data necessary to process their purchase request on the Website, they may amend it by contacting Abby Delsol Yoga through the contact channels available on the Website, and, where applicable, through those set up to contact customer service, and/or using the contact details provided in clause one (General Information). This information may likewise be corrected by the User through their personal account on the Website.

In any event, before clicking "PAY", the User has access to the area, cart or basket where their purchase requests are recorded and may make amendments.

The User is likewise referred to the Legal Notice and General Terms of Use, and specifically the Privacy Policy, for further information on how to exercise their right of rectification as established under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

7. RETURNS

Where the User purchases products on or through the owner's Website, they are entitled to a number of rights, as set out and described below:

Right of Withdrawal

As a consumer, the User who makes a purchase on the Website is entitled to withdraw from that purchase within 14 calendar days without the need to provide justification.

This withdrawal period will expire 14 calendar days from the day the contract was entered into.

To exercise this right of withdrawal, the User must notify Abby Delsol Yoga of their decision. They may do so, where applicable, through the contact channels available on the Website.

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally state their intention to withdraw from the purchase contract.

To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the relevant period expires.

Abby Delsol Yoga will refund the User using the same payment method used for the original purchase transaction. This refund will not incur any additional cost to the User.

The same principle applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not be entitled to the Right of Withdrawal where the provision of the service has been fully performed, or has begun, with the express consent of the consumer and their acknowledgement that, once the contract has been fully performed by Abby Delsol Yoga, they will have lost their right of withdrawal.

8. LIMITATION OF LIABILITY

Save where otherwise provided by law, Abby Delsol Yoga will not accept any liability for the following losses, regardless of their origin:

any losses not attributable to any breach on its part;

business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or

any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products between the parties was entered into.

Abby Delsol Yoga also limits its liability in the following cases:

Abby Delsol Yoga applies all measures aimed at providing an accurate representation of the product on the Website; however, it is not liable for minor differences or inaccuracies that may exist owing to a lack of screen resolution, browser issues, or similar matters.

Abby Delsol Yoga will act with the utmost diligence in making the product the subject of a purchase order available to the company responsible for transporting it. However, it is not liable for any harm arising from a malfunction of transport, in particular due to causes such as strikes, roadblocks, and, in general, any other causes typical of the sector, resulting in delays, loss or theft of the product.

Technical failures which, due to accidental causes or otherwise, prevent the normal functioning of the service via the internet. Unavailability of the Website for maintenance or other reasons, preventing the service from being available. Abby Delsol Yoga uses all means available to it to carry out the process of purchasing, paying for and dispatching/delivering products; however, it is exempt from liability for causes not attributable to it, or for unforeseeable circumstances or force majeure.

Abby Delsol Yoga will not be liable for the misuse and/or wear of products used by the User. Likewise, Abby Delsol Yoga will not be liable for an incorrect return made by the User. It is the User's responsibility to return the correct product.

In general, Abby Delsol Yoga will not be liable for any failure or delay in fulfilling any of its obligations where this is due to events beyond its reasonable control, i.e. due to force majeure, which may include, by way of example but not exhaustively:

Strikes, lockouts or other industrial action.

Civil unrest, riot, invasion, terrorist threat or attack, war (declared or otherwise), or the threat or preparation of war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Impossibility of using trains, ships, aircraft, motor transport or other means of transport, whether public or private.

Impossibility of using public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Accordingly, obligations will be suspended for the period during which the force majeure event continues, and Abby Delsol Yoga will be granted an extension of time to fulfil them equal to the duration of the force majeure event. Abby Delsol Yoga will use all reasonable means to find a solution enabling it to fulfil its obligations despite the force majeure event.

9. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User agrees that most communications with Abby Delsol Yoga will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by Abby Delsol Yoga satisfy the legal requirement of being in writing. This condition will not affect the User's statutory rights.

The User may send notices and/or communicate with Abby Delsol Yoga using the contact details provided in these Terms and, where applicable, through the contact channels on the Website.

Likewise, unless otherwise stipulated, Abby Delsol Yoga may contact and/or notify the User at the email address or postal address provided.

10. WAIVER

No waiver by Abby Delsol Yoga of a specific right or legal action, nor any failure by Abby Delsol Yoga to require strict compliance by the User with any of their obligations, shall constitute a waiver of any other rights or actions arising from a contract or from the Terms, nor shall it release the User from complying with their obligations.

No waiver by Abby Delsol Yoga of any of these Terms, or of the rights or actions arising from a contract, shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

11. INVALIDITY

Should any of these Terms be declared null and void by a final ruling issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such a declaration of invalidity.

12. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement between the User and Abby Delsol Yoga in relation to the subject matter of the sale, and supersede any other prior agreement, arrangement or promise, whether made verbally or in writing, between the same parties.

The User and Abby Delsol Yoga acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, save for what is expressly stated in these Terms.

13. DATA PROTECTION

Information or personal data that the User provides to Abby Delsol Yoga during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data, and declares that all information or data provided is truthful.

14. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website, and contracts for the purchase of products through it, shall be governed by Spanish law.

Any dispute, issue or disagreement arising from or related to access to, browsing and/or use of the Website, or the interpretation and performance of these Terms, or the contracts of sale between Abby Delsol Yoga and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15. COMPLAINTS AND CLAIMS

The User may send Abby Delsol Yoga any complaints, claims or other comments they wish to make using the contact details provided at the beginning of these Terms (General Information).

In addition, Abby Delsol Yoga has official complaint forms available to consumers and users, which they may request from Abby Delsol Yoga at any time using the contact details provided at the beginning of these Terms (General Information).

Furthermore, should any dispute arise from the conclusion of this purchase contract between Abby Delsol Yoga and the User, the User, as a consumer, may seek an out-of-court settlement of the dispute in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: https://ec.europa.eu/consumers/odr/.