Terms and conditions

 

  • Background information

These Purchase Conditions regulate the contracting by Users of the products available on the Website https://verbenas.es/ (hereinafter, the " Website ") owned by FUN VERBENAS, SL (hereinafter, " VERBENAS "), with NIF B54400155 and professional address at Calle Manuel de Falla No. 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 be understood as any individual who, outside of his/her commercial, business, trade or professional activity, accesses the Website with the intention of acquiring the products marketed through the Website (hereinafter, the " User ").
For any questions and/or complaints you can contact the following email address: hello@verbenas.com

 

  • Acceptance of the Conditions of Purchase

The acquisition of any of the Products on the Website requires the acceptance as a User, without reservations of any kind, of each and every one of these General Conditions of Purchase, as well as the Specific Conditions that, where applicable, govern the acquisition.
By accepting the Purchase Conditions, the User undertakes to act at all times in accordance with the provisions set forth 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 for certain Products there may be specific conditions) and they replace any other Conditions.
By accepting these Purchase Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and acquire the Products presented on the Website. 

 

  • Object

This Website has been developed by VERBENAS with the purpose of allowing the consumer to purchase men's and women's footwear (hereinafter, the " Products ").
The User may consult the manufacturing materials of each product through its description duly implemented on the Website.

 

  • Operation of the Website and Obligations of Users

The purchasing process for Users will imply that they take into account the following:


Product acquisition procedure
In order to proceed with the acquisition of the Products made available to Users, the Website offers Users the possibility of creating an account through an online form that must be completed with the data required therein.
VERBENAS will provide the use of personal passwords to the User who registers as such on the Website. These passwords will be used to access a User account from which the Products may be purchased.
Users must use their User account responsibly and appropriately maintain the confidentiality of the User name and/or passwords that allow access to their account to prevent their use by unauthorized third parties.
Pursuant to the foregoing, Users must immediately notify VERBENAS via email: hello @verbenas.com of any improper use of their User name and/or password, due to circumstances such as theft, loss or unauthorized access to them, so that VERBENAS can proceed to cancel or block and/or disable them as soon as it becomes aware of the improper use of its User Account.
Alternatively, Users may purchase the Products without having to register on the Website, by completing the form that appears when processing the purchase order, without filling in the “Password” section.


Purchase order processing
To place an order through the VERBENAS Website, the User must follow these steps:

  1. Choose the product(s) you want and add them to “My Cart”.
  2. Checkout.
  3. Enter delivery and payment information.
  4. By choosing the payment method and clicking the “Submit Order” button, you 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 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 VERBENAS' acceptance of the order placed and constitutes a binding contract between the User and VERBENAS.
VERBENAS informs you that the order confirmation and proof of purchase will not be valid as an invoice, and will be delivered by electronic means at the time of purchase of the Product.


User Conduct on the Website

Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website, and all of this under the principles of good faith and respecting at all times the current legislation and the Conditions of Purchase.
In particular, but without limitation, any person visiting the Website, as well as Users, shall not:

 

  1. Communicating data that is not true, accurate, complete and/or up-to-date, or providing the Website with identifying data of another user or impersonating any person or identity.

  2. Using the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.

  3. Neither maliciously nor intentionally cause damage or harm that may undermine or alter the Website, nor will you maliciously or intentionally introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.

  4.  

    Download, send or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.

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

  6. Use the Website to send, use or reuse material or information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening 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 type of unnecessary annoyance or inconvenience.

  7. Reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us.

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

    VERBENAS reserves the right to investigate and report any conduct that constitutes a violation of current legislation to the competent authorities, as well as to collaborate with them in the investigation of such actions.
    VERBENAS reserves the right to deny any attempt to access the Website or cancel the provision of Services in cases where incorrect use of the Website occurs.

     

    • Product Availability

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

     

    • Prices and payment methods for the Products
      Prices

      Access to the contents of the Website is completely free and does not require prior registration. Therefore, the User will only have to pay for the acquisition of the Products. The purchase prices in effect at the time the order is placed are those that appear on the Website and will be indicated in Euros (€) and will include VAT (Value Added Tax) on all shipments in Spain and Europe.
      The details of the shipping costs and applicable taxes will be included separately in the shopping cart and will appear in the purchase order summary before it is processed.
      The prices and promotions presented in VERBENAS are valid only for orders placed remotely through the site https://verbenas.es/
      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.


      Method of payment
      VERBENAS only accepts payments made by credit or debit cards:

      • Shopify payments, Bizum or PayPal.

      The charge will be made after confirmation of the order.
      They are subject to checks and authorizations by the entities issuing the payment method (card issuers and/or payment account issuers) other than VERBENAS, but if said entity does not authorize the payment, the purchase procedure initiated cannot continue, the order will be automatically cancelled, and the purchase of the requested Product will be deemed not to have been made.
      Furthermore, the Website has a secure payment platform to which the User will be redirected to make the payment.
       

      • Delivery times, place of delivery and losses

        Shipping and delivery of products
        The delivery of the Products will be made to the place indicated by the User in the Purchase Order form within a period of between 2 and 4 working days for orders in Spain and between 72-96 hours for the rest of the locations to which VERBENAS makes deliveries, from the time the order leaves the VERBENAS warehouse.
        Notwithstanding the above, the delivery time for Products may vary on dates with a high volume of sales (i.e. Christmas dates, special promotions, Black Friday, etc.) and may be extended to the ordinary delivery time. Likewise, this delivery time will be extended in those cases where there is an incident in the delivery, such as incorrect shipping addresses, 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 his order as soon as possible, but cannot guarantee the punctuality of the transport company once the package has been delivered.
        The preparation of orders and the time elapsed until they leave the VERBENAS warehouse may vary depending on the day on which the User and/or Client places the order. The User is informed that placing an order on a public holiday (national, regional or local) or on a weekend means that the order will be processed on the following business day.
        Currently VERBENAS only ships to mainland Spain and the Balearic Islands, and other European countries ( Finland, Hungary, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Spain, Estonia, France, Germany, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Sweden) , that is, currently VERBENAS does not ship to the Canary Islands, Ceuta and Melilla.
        To agree on any preference or circumstance related to the shipment that has not been specified in the Purchase Order or to know the status of the shipment, the User must
        Contact VERBENAS at the following address: hello@verbenas.com
        Likewise, in the event that delivery is made at a time when the User is not at the delivery address, VERBENAS or the company carrying out the shipment will contact the User to arrange a new delivery date.


        Absence of the User and/or Client at Delivery
        In the event that delivery is made 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 a parcel shop closest to their home and/or delivery address, or they may choose to collect the order directly from the Logistics Provider's local office. The User will receive an email to choose between 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 informed and will have to check the tracking link. If the order is returned to our facilities for reasons not attributable to VERBENAS, the User must be responsible for the associated costs. You can consult more information in our Returns Policy, described in Clause 8 of these Conditions.


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


        Changes in the delivery address
        The User is informed that, once the order is on its way, he/she may make changes to the delivery address, provided that the shipment is not in delivery.
        If the User needs to modify the order before it is sent or there is an 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 changes or returns from receipt of the product, or even before receipt of the same, in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense 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 along with the purchase receipt and the original packaging within a period of fourteen (14) calendar days.
          To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the withdrawal deadline expires. However, the refund of the money is subject to correct receipt of the returned product.
          Once the corresponding communication has been received from the User to exercise his/her right of withdrawal, VERBENAS will proceed to carry out the appropriate procedures to process said request.


          Consequences of withdrawal

          In the event of withdrawal, VERBENAS will return 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 proceed to make said 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 result in a refund of the proportional part of the price paid by the User for said order.
          However, the User is informed that he/she will have to bear the shipping costs of the product being returned.


          Returns

          To request a return of an item, the User must indicate this 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 the return are as follows:

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

           

          VERBENAS reserves the right to reject returns that are notified or sent outside the established deadline, or items that are not in the same condition as when they were received by the customer.
          Refunds will be made within 1 to 15 working days from receipt at our warehouses. Refunds will always be made using the same payment method used for the purchase and into the same bank account. During sales and holiday periods, this refund period may be extended.
          To proceed with the return of a product, the User must follow the following steps:

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

          2. VERBENAS will respond to the User providing the necessary instructions along with the return label.
          3. Once VERBENAS receives the product, it will proceed to inspect the merchandise to verify that everything is in perfect condition and 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 reasonable wear and tear resulting from checking and testing the product)
          • The Product is complete (two items that form a pair must be returned together)
          • The Product remains sealed with the original labels.

          Due to the popularity/supply limitations of some of 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 placing an order.


          Return of defective products

          If the User receives a defective product, he/she must contact VERBENAS as soon as possible, informing them of the defect or fault so that it can be checked.
          The User must send an email to the address hello@verbenas.com with the subject DEFECTIVE PRODUCT, including in the body of the message their name and surname and the order number along with a photograph of the damaged product.
          VERBENAS will contact the User as soon as possible to manage the return of the Product.
          Once VERBENAS verifies the status of the Product, the total amount of the payment made will be refunded, including shipping costs.


          Product change
          VERBENAS does not carry out product or size exchanges. To do so, the User must return the product they do not want and place another order.


          Refund

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

           

          • Disclaimer

          Through this provision, the User is informed that VERBENAS has implemented sufficient security measures to comply with the legally required standards and with the level of diligence required of a professional of his characteristics. This being the case, VERBENAS invests its best efforts in avoiding the presence of errors, interruptions, viruses or harmful components on the Website.
          However, to the extent that VERBENAS does not control all the factors on which the occurrence of these circumstances may depend, it cannot guarantee that, in an exceptional and isolated manner, they may affect navigation on the Website, in which case VERBENAS undertakes to act diligently and resolve the problem as soon as possible after becoming aware of it.

           

          • Protection of personal data

          VERBENAS guarantees the security and confidentiality of the personal data that Users provide in compliance with the provisions of Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter, " RGPD ") and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter, " LOPDGDD ").
          In this regard, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights: 

          1. Access your personal data; 
          2. Request rectification of any inaccurate data; 
          3. Request the deletion of your data; 
          4. Request that the processing of your data be restricted ; 
          5. Or to process your data; 
          6. Exercise your right to be forgotten ; and
          7. Request the portability of your data. Users will also have the right not to be subject to decisions based solely on automated data processing. 

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

             

            • Modifications

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

             

            • Safeguard clause

            All clauses or provisions of these terms of use must be interpreted independently and autonomously, and the rest of the provisions will not be affected if one of them has been declared void by a final court ruling or arbitration decision. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the terms of use.

             

            • Jurisdiction and applicable law

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

             

            • Extrajudicial resolution of disputes

            Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online disputes in consumer matters, the Platform informs that, in the event of a dispute, the User residing in the European Union may go to the “ Online Conflict Resolution Platform ” developed by the European Commission, in order to attempt to extrajudicially resolve any dispute arising from the contractual relationship between the parties.
            If you wish to access the “Online Dispute Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/ .