Terms and conditions

  • Preliminary information

These Purchase Conditions govern the contracting by Users of the products offered on the Website https://verbenas.com/ (hereinafter, the “Website”) owned by FUN VERBENAS, S.L (hereinafter, “VERBENAS”), with Tax ID (NIF) B54400155 and professional address at Calle Manuel de Falla n.º 13, Parque Empresarial 03203, Elche, Alicante, Spain, whose professional activity consists of the sale of men's and women's footwear.
For the purposes of these Purchase Conditions, Consumer and/or User shall mean any individual who, outside the scope of their commercial or business activity, trade or profession, accesses the Website with the intention of purchasing the products sold through the Website (hereinafter, the “User”)
For any question and/or complaint, you may contact the following email address: hello@verbenas.com

  • Acceptance of the Purchase Conditions

The purchase of any of the Products on the Website requires acceptance as a User, without reservations of any kind, of each and every one of these General Purchase Conditions, as well as of the Particular Conditions which, where applicable, govern the purchase.
By accepting the Purchase Conditions, the User undertakes to act at all times in accordance with the provisions set out in the clauses of this legal text. These are the only Purchase Conditions applicable to the use of the Website (without prejudice to the fact that particular conditions may exist for certain Products) and they replace any other Conditions.
By accepting these Purchase Conditions, the User declares that they are over 18 years of age and have the legal capacity to enter into contracts and purchase the Products on the Website.

  • Purpose

This Website has been developed by VERBENAS in order to allow consumers to purchase men's and women's footwear (hereinafter, the “Products”).
The User may consult the manufacturing materials of each product in its description, duly provided on the Website.

  • Operation of the Website and Obligations of Users

The purchase process requires Users to bear the following in mind:


Product purchase procedure
In order to purchase the Products made available to Users, the Website offers Users the possibility of creating an account through an online form, which must be completed with the information requested in it.
VERBENAS will provide personal passwords to any User who registers as such on the Website. These passwords will be used to access a User account from which the Products can be purchased.
Users must use their User account responsibly and properly maintain the confidentiality of the username and/or passwords that allow them to access their account in order to prevent its use by unauthorised third parties.
Accordingly, Users must immediately notify VERBENAS by email at: hello@verbenas.com of any improper use of their username and/or password, due to circumstances such as theft, loss or unauthorised access to them, so that VERBENAS can cancel, block and/or disable them as soon as it becomes aware of the improper use of their User Account.
Alternatively, Users may purchase the Products without registering on the Website by completing the form that appears when processing the purchase order, leaving the “Password” field blank.


Processing of purchase orders
To place an order through the VERBENAS Website, the User must follow these steps:

  1. Choose the product(s) they want and add them to “My cart”.
  2. Proceed to checkout.
  3. Enter the delivery and payment information.
  4. Choose the payment method and click the “Submit Order” button; in doing so, they fully and unreservedly accept all the Conditions of Sale that appear on the Website at the time of contracting.
  5. Click “Pay now”.
  6. Make the payment.

Once the purchase has been made and as soon as possible, if the payment is authorised, VERBENAS will send the User and/or Buyer an email confirming receipt of the order. This confirmation of receipt of the order constitutes acceptance by VERBENAS of the order placed and represents a binding contract between the User and VERBENAS.
VERBENAS informs you that the order confirmation and the proof of purchase will not be valid as an invoice, which will be delivered electronically at the time of purchase of the Product.


Conduct of Users on the Website

Users undertake to make lawful, diligent, honest and proper use of any information or content they access through the Website, all in accordance with the principles of good faith and respecting at all times the legislation in force and the Purchase Conditions.
In particular, but without limitation, any person visiting the Website, as well as Users, must not:

  1. Provide information that is not true, accurate, complete and/or up to date, nor provide the Website with identifying information of another user or impersonate any person or identity.

  2. Use the Website for fraudulent purposes, or purposes related to criminal offences or unlawful activities of any kind.

  3. Maliciously or intentionally cause damage or harm that may impair or alter the Website, nor maliciously or intentionally introduce or spread computer viruses that may cause unauthorised alterations to the content or systems that make up the Website.

  4. Download, send or otherwise distribute content or applications that may violate any legislation in force or that infringe any right of any party.

  5. Use the tools that VERBENAS makes available to Users for purposes other than purely informative ones.

  6. Use the Website to send, use or reuse material containing illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that constitutes a violation of copyright, trademarks or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of “spam” and, in general, any kind of unnecessary nuisance or inconvenience.

  7. Reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided without our express written permission.

  8. Actively promote or encourage third parties to carry out any of the above practices or contribute to them.

    VERBENAS reserves the right to investigate and report conduct that constitutes an infringement of the legislation in force to the competent authorities, as well as to cooperate with them in the investigation of such actions.
    VERBENAS reserves the right to deny any attempt to access the Website or to cancel the provision of Services in cases where the Website is used improperly.

    • Availability of Products

    If, once the User's order has been received, VERBENAS detects that a Product is not available, it will inform the User, who may choose another product of the same amount or a full or partial refund of the payment made, depending on the Product purchased and its availability.
    If the User chooses a refund, the amount previously paid will be refunded through the payment method selected by the User without undue delay. The User will be notified by email once the refund has been processed.
    Users are informed that if, once VERBENAS has contacted the User and/or Customer to inform them of the unavailability of Products already purchased, they do not reply to VERBENAS within TWO (2) business days, VERBENAS will contact them again in a final attempt and, if they still do not reply, the amount of the payment made will be refunded.

    • Prices and payment methods for Products

      Prices

      Access to the contents of the Website is completely free of charge and does not require prior registration. That being so, the User will only have to pay for the purchase of the Products. The purchase prices in force at the time the order is placed are those shown on the Website; they will be indicated in Euros (€) and will include VAT (Value Added Tax) on all shipments within Spain and Europe.
      Details of the shipping costs and applicable taxes will be shown separately in the shopping cart and will appear in the purchase order summary before it is processed.
      The prices and promotions offered by VERBENAS are only valid for distance orders placed through the site https://verbenas.com/.
      The User is informed that the shipping costs will be as follows:

      • Spain: free.
      • Portugal: free.
      • Balearic Islands: if the purchase amount is less than 100 Euros, the shipping costs will be 4.95 Euros. If the amount is higher, shipping will be free.
      • Europe: if the purchase amount is less than 100 Euros, the shipping costs will be 6.95 Euros. If the amount is higher, shipping will be free.

      * The VERBENAS Newsletter subscription discount cannot be combined with any other discount or offer.


      Payment method
      VERBENAS only accepts payments made by credit or debit card:

      • Shopify payments, Bizum or PayPal.

      The charge will be made after the order has been confirmed.
      Payments are subject to checks and authorisations by the entities issuing the payment method (card issuers and/or payment account issuers), which are unrelated to VERBENAS; if such entity does not authorise the payment, the purchase procedure initiated cannot continue, the order will be automatically cancelled and the sale of the requested Product will be deemed not to have taken place.
      Likewise, the Website has a secure payment platform to which the User will be redirected to make the payment.

      • Delivery times, place of delivery and lost parcels

        Shipping and delivery of Products
        The Products will be delivered to the place indicated by the User in the Purchase Order form within 2 to 4 working days for orders in Spain and within 72-96 hours for the other locations to which VERBENAS ships, from the moment the order leaves the VERBENAS warehouse.
        Notwithstanding the above, the delivery time for Products may vary on dates with a high volume of sales (namely, Christmas, special promotions, Black Friday, etc.) and exceed the ordinary delivery time. Likewise, this delivery time will be extended in cases where there is an incident with the delivery, such as an incorrect shipping address, absence of the recipient, etc.
        VERBENAS informs you that it works with the transport company GLS. VERBENAS will try to ensure that the User receives their order as soon as possible, but cannot guarantee the punctuality of the transport company once the parcel has been handed over.
        The preparation of orders and the time until they leave the VERBENAS warehouse may vary depending on the day on which the User and/or Customer places the order. The User is informed that orders placed on public holidays (national, regional or local) or at the weekend will be processed on the next business day.
        VERBENAS currently only ships to mainland Spain and the Balearic Islands, and to other European countries (Finland, Hungary, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Spain, Estonia, France, Germany, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovenia, Sweden) that is, VERBENAS does not currently ship to the Canary Islands, Ceuta or Melilla.
        To arrange any preference or circumstance related to shipping that has not been specified in the Purchase Order, or to find out the status of the shipment, the User must
        contact VERBENAS at the following address: hello@verbenas.com
        Likewise, if delivery takes place at a time when the User is not at the delivery address, VERBENAS or the shipping company will contact the User to arrange a new delivery date.


        Absence of the User and/or Customer at Delivery
        If delivery takes place at a time when the User is not at the delivery address, VERBENAS informs that only one delivery attempt will be made.
        It will be the recipient's responsibility to collect it from the parcel shop closest to their home and/or delivery address, or they may choose to collect the order directly from the local office of the Logistics Provider. The User will receive an email to choose one of these two options.
        After SEVEN (7) calendar days, if the order has not been collected by the User, it will be returned. If there is no contact email, the same process described above will be followed, but the User will not be notified and will have to check the tracking link. If the order is returned to our premises for reasons not attributable to VERBENAS, the User must bear the associated costs. More information can be found in our Returns Policy, described in Clause 8 of these Conditions.


        Incorrect shipment
        If the User receives a Product different from the one purchased, the User must process the return of the Product received in accordance with clause 8.1 of these General Purchase Conditions, indicating that it is an incorrect shipment. VERBENAS will contact the User as soon as possible to indicate the steps to follow and resolve this situation as quickly as possible.


        Changes to the delivery address
        The User is informed that, once the order is on its way, they may make changes to the delivery address, provided that the shipment is not out for delivery.
        If the User needs to modify the order before it is shipped or if there is any error, they can send an email to hello@verbenas.com

        • Exchanges, returns and right of withdrawal

          Right of withdrawal
          Users will have a period of fourteen (14) calendar days to make exchanges or returns from receipt of the product, or even before receiving it, in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers (hereinafter, LDGCU) and Users and other complementary laws. Once this period has ended, declarations of withdrawal from product purchases will not be accepted.
          To exercise their right of withdrawal, the User must notify VERBENAS of their intention to return the product by sending an email to the following address hello@verbenas.com Once the User has notified their intention to return a product, they must send it together with the purchase receipt and the original packaging within fourteen (14) calendar days.
          To meet the withdrawal deadline, it is sufficient for the communication regarding the exercise of this right to be sent before the corresponding period expires. However, the refund is subject to the correct receipt of the product being returned.
          Once the corresponding communication from the User exercising their right of withdrawal has been received, VERBENAS will carry out the appropriate procedures to process the request.


          Consequences of withdrawal

          In the event of withdrawal, VERBENAS will refund all payments received from the User without undue delay from the date on which VERBENAS has been able to verify that the Product meets the requirements to be subject to the right of withdrawal, for which it will have 3 business days. VERBENAS will make the refund using the same payment method used by the User for the initial transaction and within a maximum period of 14 days.
          Partial returns of an order will give rise to a refund of the proportional part of the price paid by the User for that order.
          However, the User is informed that they will have to bear the shipping costs of the product being returned.


          Returns

          To request the return of an item, the User must indicate it in the following form The User may return an item within a maximum period of 30 calendar days from the date of receipt of the order. If this period is exceeded, unfortunately, the return cannot be processed.
          VERBENAS informs you that the costs associated with returns are as follows:

          • Returns in Spain: 4.95 Euros.
          • Returns for the other countries we ship to within the European Union: 6.95 Euros.

          VERBENAS reserves the right to refuse returns notified or sent outside the established period, or items that are not in the same condition in which they were received by the customer.
          The refund will be made within 1 to 15 working days from receipt at our warehouses. The refund will always be made using the same payment method used for the purchase and to the same bank account. During sales periods and holidays, this refund period may be longer.
          To return a product, the User must follow these steps:

          1. Send an email with the subject VERBENAS RETURN to hello@verbenas.com. The User must provide the order reference (a code made up of 9 letters) and the first name and surname of the person who placed the order.

          2. VERBENAS will reply to the User providing the necessary instructions together with the return label.
          3. Once VERBENAS receives the product, it will inspect the goods to check that everything is in perfect condition and will then refund the corresponding amount.

          The User may return the purchased product, provided that:

          • The Product has not been washed or used in any way (except for reasonable wear resulting from checking and trying on the product)
          • The Product is complete (two items forming a pair must be returned together)
          • The Product is still sealed with the original labels.

          Given the popularity/supply limitations of some VERBENAS Products, VERBENAS may have to limit the number of products available for purchase. VERBENAS reserves the right to modify the quantities available for purchase at any time, even after the order has been placed.


          Return of defective products

          If the User receives a defective product, they must contact VERBENAS as soon as possible, reporting the defect or flaw so that it can be checked.
          The User must send an email to hello@verbenas.com with the subject DEFECTIVE PRODUCT, including in the body of the message their first name and surname and the order number, together with a photograph of the product in poor condition.
          VERBENAS will contact the User as soon as possible to arrange the return of the Product.
          Once VERBENAS has checked the condition of the Product, the full amount of the payment made will be refunded, including shipping costs.


          Exchange of products
          VERBENAS does not carry out product or size exchanges. To do so, the User must return the unwanted product and place a new order.


          Refund

          All refunds will be made using the same payment method used for the purchase. VERBENAS will not make any refund until it has received the Product and verified its condition at the warehouse.
          Once these conditions have been verified, the User will receive, where applicable, a refund of the corresponding amount within fourteen (14) days of its receipt.

          • Exclusion of liability

          By means of this provision, the User is informed that VERBENAS has implemented sufficient security measures to comply with legally required standards and with the level of diligence required of a professional of its characteristics. That being so, VERBENAS makes its best efforts to prevent the presence of errors, interruptions, viruses or harmful components on the Website.
          However, insofar as VERBENAS does not control all the factors on which the occurrence of these circumstances may depend, it cannot guarantee that they will not, exceptionally and in isolated cases, affect browsing on the Website, in which case VERBENAS undertakes to act diligently and resolve the problem as soon as possible once it becomes aware of it.

          • Protection of personal data

          VERBENAS guarantees the security and confidentiality of the personal data provided by Users, in compliance with Regulation 2016/679 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 (hereinafter, “GDPR”) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD”)
          In this regard, Users are informed that, with regard to privacy and the protection of their personal data, they may exercise the following rights:

          1. Access their personal data;
          2. Request the rectification of any inaccurate data;
          3. Request the erasure of their data;
          4. Request the restriction of processing of their data;
          5. Object to the processing of their data;
          6. Exercise their right to be forgotten; and
          7. Request the portability of their data. Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.

            The User may exercise all these rights at the email address hello@verbenas.com stating the reason for their request.
            Notwithstanding the above, for full details of the processing of personal data carried out by VERBENAS, the User can find the privacy policy at the following link: https://verbenas.com/p/politica-de-privacidad

            • Modifications

            The information on this Website is that in force on the date of its last update. VERBENAS reserves the right to update, modify or delete the information on this Website, as well as these Purchase Conditions, in order to adapt them to any changes in the legislation in force and/or in the operation of the Website.

            • Severability clause

            All clauses or provisions of these conditions of use must be interpreted independently and autonomously, and the remaining stipulations shall not be affected if one of them has been declared null and void by a final court judgment or arbitration award. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the conditions of use.

            • Jurisdiction and applicable venue

            In the event of a dispute, the parties submit to the Courts and Tribunals of the place of residence of the User-Consumer.

            • Out-of-court dispute resolution

            Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the Platform informs that, in the event of a dispute, Users resident in the European Union may use the “Online Dispute Resolution Platform” developed by the European Commission in order to try to resolve out of court any dispute arising from the contractual relationship between the parties.
            If you wish to access the “Online Dispute Resolution Platform”, you can do so via the following link: http://ec.europa.eu/consumers/odr/.