information

Estas condiciones generales se aplican a todas las transacciones comerciales realizadas en nuestra tienda virtual, http://www.yaranga.es, en adelante El Vendedor. Para obtener más información sobre El Vendedor y nuestra Política de Privacidad, consulte el Aviso Legal que se encuentra al final de cada página de esta tienda. Por favor, lea atentamente estas Condiciones de Compra y nuestra Política de Privacidad antes de realizar su pedido. Si no está de acuerdo con todas las Condiciones de Compra y la Política de Privacidad, no debe realizar un pedido.

Identificación

El Vendedor es una unidad empresarial perteneciente a Yaranga C.B., con CIF/NIF E76547215, con domicilio en la calle La Hoya 10, Puerto de La Cruz, Tenerife 38400 Puerto de La Cruz. Cualquier comunicación puede dirigirse al domicilio social o al teléfono +34922384148 o a la dirección de correo electrónico yarangatenerife@gmail.com.

Actividad

El Vendedor se dedica a la venta a distancia, preferentemente por internet.

Contenido e información ofrecida en el sitio web

The Seller reserves the right to modify the commercial offer presented on the website (modifications on products, prices, promotions and other commercial and service conditions) at any time. The Seller makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event that at any time an error of this type were to occur, beyond the Seller’s control, it would be corrected immediately. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on said error, The Seller will inform the customer of said error and the customer will have the right to cancel the purchase without any cost on his part. The contents of the Seller’s website may, on occasion, display provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product the customer shall be entitled to cancel the purchase without any cost on his part. The Seller is not responsible either directly or indirectly for any of the information, contents, statements and expressions contained in the products marketed by the Seller. Such liability rests at all times with the manufacturers or distributors of such products. The customer understands that the Seller is a mere intermediary between him and such manufacturer or distributor.

Sistema de venta

Para realizar una compra, el usuario puede elegir entre varias formas de enviarnos su pedido:
– Internet through the “shopping cart”.
– Internet through the “off-line order”.
– By telephone to the customer service telephone number: +34922384148
– By letter to the above address or e-mail yarangatenerife@gmail.com.

Impuestos aplicables

The prices of the products displayed on the Seller’s website include the applicable Value Added Tax (VAT). Purchases to be delivered within the territory of any of the member states of the European Union will be subject to VAT. Purchases to be delivered in territories of non-European Union member states, or in the Canary Islands, Ceuta or Melilla will be exempt from VAT.

Método de pago

When placing the order, the customer may freely choose to pay for purchases by credit card [SPECIFY TYPES OF PAYMENT CARD]; cash on delivery (only in Spain and some countries of the European Union) or other similar means. In certain cases and in order to prevent possible fraud, the Seller reserves the right to ask a customer for a specific form of payment in the event that the identity of the buyer is not reliably accredited. The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls. Any contracting process or process that involves the introduction of personal data (health, ideology,…) will always be transmitted via secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.

Método de envío, costes y plazo de entrega

The customer will be able to select the shipping method among the possible ones for his shipping area. Please note that delivery times, quality of service, delivery point and cost will be different for each shipping method. The Seller sends the orders to its customers through different express transport companies of recognized national and international prestige. The delivery date at the customer’s address depends on the availability of the chosen product and the shipping area. The approximate delivery times are available in the section of our website “Shipping Costs”. Before confirming your order, the customer will be informed about the shipping costs and transport times, both indicative, that apply to your specific order. However, both may vary depending on the specific circumstances of each order. In particular:

Los plazos de transporte pueden verse alterados por incidencias extraordinarias del transportista y por dificultades en la entrega de la mercancía.
Los gastos de envío indicados en el sitio web al realizar el pedido son indicativos y se calculan sobre la base de un peso medio estadístico. El Vendedor se reserva el derecho de modificar los gastos de envío cuando el peso solicitado varíe en más/menos de un 10% con respecto al peso medio mencionado. En caso de variación del precio, el Vendedor comunicará por correo electrónico al cliente la variación y éste podrá optar por anular su pedido sin que se le cargue ningún coste.

Buyer’s rights and return policy

The Seller does not guarantee to its customers the availability or delivery time of the products offered on its website except for products where a specific warranty is expressly mentioned. The catalog shown is merely indicative as manufacturers or distributors do not communicate in advance stocks or guarantee delivery times. This situation prevents the Seller from being able to accurately inform its customers about the availability of the products as well as to guarantee a specific delivery time which, in any case, will depend on the time taken by the manufacturer or distributor to supply the product. The Seller guarantees its customers the possibility to cancel their order at any time and free of charge provided that the cancellation is communicated before the order has been made available to the carrier for shipment. The customer will have a period of fourteen days from receipt of the order to terminate the contract and return the purchased product. The customer shall communicate to the Seller within the stipulated period and by any means permitted by law, its desire to exercise the right to terminate the contract. The returned order must be delivered together with the delivery note and, if applicable, the invoice issued to the Seller, at the Buyer’s expense.

The customer may return any item purchased from the Seller as long as the products have not been opened or used and retain their original seal or packaging. In these cases, The Seller will refund the purchase price by crediting the credit card, by bank transfer to the account indicated by the customer or by crediting the customer’s personal account.If a product other than the one ordered by the customer is delivered by mistake of the Seller, it will be withdrawn and the correct product will be delivered at no additional charge to the buyer. The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the online dispute resolution platform. For any incident related to the return of items from our store you can contact our Customer Service Department via email: yarangatenerife@gmail.com or by phone +34922384148.

Obligaciones del cliente

El cliente de El Vendedor se compromete en todo momento a facilitar información veraz sobre los datos solicitados en los formularios de registro de usuario o de pedido, y a mantenerlos actualizados en todo momento. El cliente se compromete a aceptar todas las disposiciones y condiciones contenidas en las presentes Condiciones Generales de Contratación, entendiendo que reflejan el mejor servicio posible para el tipo de actividad desarrollada por El Vendedor. Asimismo, se compromete a mantener la confidencialidad y la máxima diligencia en sus claves de acceso a nuestra página web. El cliente se compromete a posibilitar la entrega del pedido solicitado facilitando una dirección de entrega en la que el pedido solicitado pueda ser entregado dentro del horario habitual de entrega (de lunes a viernes de 10:00 a 13:30 y de 16:00 a 18:00). En caso de incumplimiento de esta obligación por parte del cliente, el Vendedor no tendrá ninguna responsabilidad por el retraso o la imposibilidad de entrega del pedido solicitado por el cliente.

Legislación aplicable y jurisdicción competente

Las compras realizadas al Vendedor están sujetas a las leyes de España. En caso de cualquier conflicto o discrepancia, el fuero aplicable será el de los Juzgados o Tribunales del comprador.

Warranty Terms and Conditions of Contract and Delivery

1 Considerations GENERAL

Within the framework of this online offer, your contractual partner is the company Yaranga C.B. represented by the board of directors, consisting of Hegel Pérez Yánez and Alciades González Díaz with registered office at Calle La Hoya No. 10, Puerto de la Cruz 38400, Tenerife, Canary Islands, Spain, CIF E76547215, hereinafter referred to as “Yaranga”. All deliveries of Yaranga to the customer will take place on the basis of the following General Terms and Conditions of Contract and Delivery. All offers and agreements between Yaranga and the customer are based on these and are deemed to be accepted for the duration of the entire business relationship. Contrary or deviating terms and conditions of the buyer are only binding if Yaranga has accepted them in writing.

2 Responsibility for the online offer

(1) The electronic platform of the Yaranga website makes available the various products for sale and purchase, as well as the designs of drawings, paintings and handmade decorations, which are the exclusive property of Yaranga. (2) Yaranga is responsible for the articles and motifs offered in the “Yaranga Online Shop” and for the configuration of the shop as a whole. (3) All items are in perfect condition and are brand new, even if some are made from recycled material (under strict hygiene and safety control).

3 Conclusion of the contract

(1) The “offers” on the website constitute a non-binding request to the customer to place an order with Yaranga. (2) By initiating the purchase on the Yaranga website, a kind of order form is automatically made, duly filled out, the customer makes a binding offer to conclude a purchase contract. Before sending the order form, the customer has the possibility to check that the data he has entered is correct and, if necessary, to correct it. At the moment, the order process can be carried out in the following languages: German, English, French, Spanish, Italian and Portuguese. The order confirmation does not constitute acceptance of the offer, but serves only to inform the customer that Yaranga has received his order. The contract does not take effect until Yaranga sends the ordered product to the customer and confirms the shipment to the customer by a second email (shipment confirmation). The order details can also be viewed online at www.yaranga.es in the user profile under “Orders”. (3) The conclusion of the contract is subject to timely and complete self-supply. This reservation does not apply in case of last minute interruptions of the delivery or in case Yaranga is responsible for the non-delivery, in particular in case Yaranga fails to carry out timely and consistent position coverage. The customer will be informed immediately about the non-availability of the delivery. If the customer has already paid the consideration, it will be refunded.

4 Delivery / Dispatch

(1) Deliveries are mainly made within three weeks after receipt of the order confirmation by the customer. Delivery dates and delivery times are only binding if Yaranga has explicitly agreed to them in writing. (2) Delivery takes place within Spain as well as in all European countries, some American countries, and Australia. (3) The delivery will take place via a delivery service of Yaranga’s choice (only in Europe). The customer will pay a flat rate for postage which may vary according to the value of the order and the place to which it is to be sent, outside of Spain and Europe.  (4) If, in exceptional cases, delivery is not possible within (1) three weeks after the conclusion of the contract, Yaranga will inform the customer immediately in writing.

5 Prices

(1) For orders from outside the European Union (EU), all prices quoted are net prices. The delivery address is the decisive criterion. If value added tax is applicable according to the legal regulations in the country of receipt, this must be paid additionally upon receipt of the goods. In addition, import duties may apply, which must be paid additionally by the customer upon receipt of the goods. (3) For delivery of orders outside of Spain and the EU, the customer shall bear the shipping costs, which may vary depending on the value of the order and the place to which it is to be shipped. (4) The purchase price and shipping costs shall be payable immediately and without deduction.

6 Payment

(1) Payment will be made according to the customer’s choice of credit card, prepayment or other payment methods. Yaranga reserves the right to limit the choice of payment methods from which a customer can choose, depending on the value of the order, the destination of the shipment or other objective criteria. (2) In the event that the payment method chosen by the customer is not feasible despite the contractually stipulated performance by Yaranga due to incorrect information, the customer is obliged to compensate Yaranga or a third party commissioned by Yaranga for the additional costs incurred as a result. (3) Yaranga is entitled to use the services of third parties for the execution of the payment, which are worthy of its complete trust: a) If the customer is in default of payment, Yaranga is entitled to transfer its claims to a collection agency and to provide this third party with the personal data necessary for the execution of the payment. b) In the case of third party intervention in the execution of the payment, the payment will only be considered to have been made in the relationship with Yaranga when the amount in accordance with the contract has been made available to the third party in such a way that the third party can dispose of it without limitation.

7 Reservation of title

(1) The goods remain the property of Yaranga until the fulfilment of the demands made on them. Yaranga reserves the ownership of all delivery items until receipt of all payments from this business relationship. (2) The customer is obliged to treat the goods with care until the change of ownership has taken place and the goods belong to him.

8 Warranty

(1) Data, drawings, illustrations, technical data, descriptions of weights, dimensions and performance in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. Yaranga assumes no responsibility for the correctness of these data. With regard to the type and volume of the shipment, only the information in the order confirmation is valid. (2) In the event of a defect to be covered by the warranty, the customer is entitled within the framework of the statutory provisions to demand subsequent performance, to cancel the contract or to a reduction of the purchase price. (3) In the case of returns due to defects, Yaranga shall also bear the costs of postage or shipping. (4) According to the current state of technology, it cannot be guaranteed that data communication via the Internet is accessible and error-free at all times. Therefore Yaranga is not responsible for the permanent and uninterrupted accessibility of the online offer. (5) The period of limitation of warranty claims for the delivered goods is one (01) year from the time of receipt of the goods.

9 Limitation of liability

(1) The liability of Yaranga is otherwise governed by the legal regulations, unless otherwise stipulated in these General Terms and Conditions of Business and Delivery. Yaranga is only liable for damages to a limited extent in the case of intent and gross negligence, irrespective of the legal reason. In case of slight negligence and violation of a fundamental contractual obligation (cardinal obligation), Yaranga’s liability shall be limited to compensation for the foreseeable damage that typically occurs. Liability according to the Product Liability Act remains unaffected by the above provisions. (2) In the event that Yaranga’s liability under these General Terms and Conditions of Business and Delivery is excluded or limited, this also applies to the personal liability for damages of Yaranga’s employees, workers, employees, representatives and assistants.

10 Copyright of printed designs, release of liability

(1) Yaranga reserves the right that all its designs, models, drawings and prints are its exclusive property and do not belong to third parties. This guarantees the authenticity of its handcrafted pieces.

11 Technical and design changes

We explicitly reserve the right to make changes to the descriptions and data in our brochures, catalogues and other written and electronic documents with regard to material properties, colour, weight, dimensions, configuration or similar characteristics, provided that these are acceptable to the customer, in the performance of the contract. Acceptable grounds for change may result from normal business fluctuations and technical production processes. Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

GENERAL PROVISIONS

Article 1. Object of the law. The purpose of this Organic Law is:

(a) To adapt the Spanish legal system to 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 their personal data and on the free movement of such data, and to supplement its provisions. The fundamental right of natural persons to the protection of personal data, protected by Article 18.4 of the Constitution, shall be exercised in accordance with the provisions of Regulation (EU) 2016/679 and this Organic Law. b) To guarantee the digital rights of citizens in accordance with the mandate established in Article 18.4 of the Constitution.

Article 2. Scope of application of Titles I to IX and Articles 89 to 94.

(1) The provisions of Titles I to IX and Articles 89 to 94 of this Organic Law shall apply to any fully or partially automated processing of personal data, as well as to the non-automated processing of personal data contained or intended to be included in a filing system. (2) This Organic Law shall not apply: a) To processing operations excluded from the scope of application of the General Data Protection Regulation by Article 2(2) thereof, without prejudice to the provisions of paragraphs 3 and 4 of this Article. b) To processing operations on data relating to deceased persons, without prejudice to the provisions of Article 3. (c) Processing operations subject to the regulations on the protection of classified data. (3) Processing operations to which Regulation (EU) 2016/679 is not directly applicable because they affect activities not included in the scope of application of European Union Law shall be governed by the provisions of their specific legislation, if any, and supplementarily by the provisions of the aforesaid regulation and of this Organic Law. This situation includes, inter alia, processing operations carried out under the protection of the organic legislation on the general electoral system, processing operations carried out in the sphere of penitentiary institutions and processing operations derived from the Civil Registry, the Land and Mercantile Registers. (4) The processing of data carried out on the occasion of the processing by the judicial bodies of the processes for which they are competent, as well as that carried out within the management of the Judicial Office, shall be governed by the provisions of Regulation (EU) 2016/679 and this Organic Law, without prejudice to the provisions of Organic Law 6/1985, of 1 July, on the Judiciary, that are applicable thereto. To the files subject to the regulations on the protection of classified data.

Article 4. Accuracy of the data.

(1) Pursuant to Article5(1)(d) of Regulation (EU) 2016/679, the data shall be accurate and, if necessary, updated.

(2) For the purposes of Article 5(1)(d) of Regulation (EU) 2016/679, the controller shall not be held liable, provided that the controller has taken all reasonable steps to ensure that personal data are erased or rectified without delay, for inaccurate personal data, in relation to the purposes for which they are processed, where the inaccurate data:

(a) were obtained by the controller directly from the data subject. b) Were obtained by the data controller from a mediator or intermediary in the event that the rules applicable to the sector of activity to which the data controller belongs provide for the possibility of the intervention of an intermediary or mediator who collects the data subject’s data on his or her own behalf for transmission to the data controller.The mediator or intermediary shall assume the liabilities that may arise in the event of communication to the data controller of data that do not correspond to those provided by the data subject. c) Were subject to processing by the data controller due to having received them from another data controller by virtue of the exercise by the data subject of the right to portability pursuant to article 20 of Regulation (EU) 2016/679 and the provisions of this Organic Law. d) Were obtained from a public register by the data controller.

Article 5. Duty of confidentiality.

(1) Controllers and processors and all persons involved at any stage of the processing shall be subject to the duty of confidentiality referred to in Article 5(1)(f) of Regulation (EU) 2016/679. (2) The general obligation referred to in the previous paragraph shall be complementary to the duties of professional secrecy in accordance with the applicable rules. (3) The obligations set out in the preceding paragraphs shall continue to apply even if the relationship of the data subject with the controller or processor has ended. (4) In order for the user to have more detailed information on the Data Protection Act, the respective link is attached: https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673&b=4&tn=1&p=20181206#a2

12 Data protection

Yaranga will process personal data of the customer for a specific purpose and in accordance with legal provisions. For the fulfilment and execution of the contract, Yaranga will use the personal data provided for the purpose of ordering goods (e.g. name, e-mail address, postal address, payment details). Yaranga will treat these data confidentially and will not pass them on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to request and receive free of charge information about the personal data that Yaranga has stored about him/her. Furthermore, he has the right to have incorrect data corrected and to have his personal data blocked and deleted, provided that no legal data retention obligations object to this. At Yaranga C.B., we collect a certain amount of information from our customers and visitors to our website. We do this in order to manage our business effectively and to improve your experience with Yaranga.  We know that keeping your personal information private is very important and we try to do this as responsibly as possible and in accordance with the law. Keeping your privacy is our priority.

Important: Yaranga is not directed at or promoted to persons under the age of 18 and no one under the age of 18 should register for any of the events promoted by yaranga.com. Disclosing personal information is not a requirement for accessing the www.yaranga.es website, however, it is necessary for making online purchases, registering to receive information and when you want to send us a comment through this medium. In these cases you will find that some information is mandatory (without which you would not be able to complete the process) and some is optional. Apart from the information you personally disclose to us, we collect information from you when you browse our website. This is general information such as: your domain name, IP service provider, browser type and your IP address. This information is presented as an average of your daily web site usage, which does not contain any personal information about you. In addition, we use a browser feature called “cookies”. This feature assigns a specific identification to your computer, which is usually stored on your hard drive. We use the information collected while browsing our website and cookies to identify problems, evaluate the effectiveness of our website and analyze metrics. With this information, we can improve the quality of your experience on our website by recognizing and providing more of your preferred choices.

13 Place of Jurisdiction – Place of Performance – Determination of Applicable Law

(1) The place of performance for all deliveries is the place of business of Yaranga in Puerto de La Cruz, Tenerife, Canary Islands, Spain. (2) The contract according to the provisions of these General Terms and Conditions of Business and Delivery is only subject to the law of the Kingdom of Spain. The validity of the UN law of purchase and sale applicable to transnational business is excluded.

Privacy Policy for Yaranga C.B.

At Yaranga, accessible from https://yaranga.es/, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Yaranga and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Yaranga. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

• Provide, operate, and maintain our website
• Improve, personalize, and expand our website
• Understand and analyze how you use our website
• Develop new products, services, features, and functionality
• Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
• Send you emails
• Find and prevent fraud

Log Files

Yaranga follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, Yaranga uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. For more general information on cookies, please read “What Are Cookies”.

Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Yaranga. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Yaranga, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit. Note that Yaranga has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

Yaranga’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to: Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers. Request that a business delete any personal data about the consumer that a business has collected. Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure – You have the right to request that we erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. Yaranga does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.