Publisher
The website www.yhimura.com is published by Luz María Velázquez Tenorio, registered under the Special Regime for Self-Employed or Self-Employed Workers, duly organized and existing under the laws of Spain, whose Intracommunity Tax Identification Number is ES46844820F and whose registered office is located at C/ Rafalafena 39, Piso 1 – Local 3, 12003 Castellón, Spain.

E-mail: hello@yhimura.com

TERMS & CONDITIONS

1. Identification of the vendor

Luz María Velázquez Tenorio, registered under the Special Regime for Self-Employed or Self-Employed Workers, duly organized and existing under the laws of Spain, whose Intracommunity Tax Identification Number is ES46844820F and whose registered office is located at C/ Rafalafena 39, Piso 1 – Local 3, 12003 Castellón, Spain.

2. Scope and acceptance of the General Terms and Conditions of Sale (GTCS)

The purchase of products offered on the website www.yhimura.com (hereafter the “Website”) is subject to these General Terms and Conditions of online Sale. YHIMURA products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that she/he is acting as end consumer and that she/he has no intention of reselling the Products for commercial purpose.

YHIMURA may update these GTCS at any time. The applicable GTCS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer. Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable GTCS on the date of placing her/his order. Said GTCS can be viewed at the time she/he is asked to confirm that she/he accepts them. To substantiate this acceptance, the Customer must check the box “I have read and hereby accept the General Terms and Conditions of Sale of the www.yhimura.com website”.

3. Terms of the order

Any order placed on the Website shall imply express acceptance of the GTCS and acceptance of the prices and Products available for sale on the Website.

3.1. Order process

The Customer who wants to place an order must comply with the following procedure:

1. Product choice: the Customer must select the Product that she/he would like to order.
2. Checking of the contents of the Customer’s selection: the Customer checks the content of her/his basket whilst having the opportunity to delete the Products she/he has selected.
3. Identification: the Customer must complete the identification form made available to her/him and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery).
4. Checking of the Customer’s order: the Customer checks the content of her/his order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms her/his method of delivery and payment. The Customer must confirm her/his acceptance of these GTCS by checking the corresponding box. The validation of the order is only possible after having checked this box.
5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of her/his order, namely:
* Her/his delivery and invoicing addresses.
* The number of her/his order.
* The date of the order.
* The list of Products ordered and their amounts.

The Customer is advised to keep and print this document, which is official proof of her/his order. The order is then
registered and processed by YHIMURA, which checks the availability of the Product/s ordered. Any order placed implies
acceptance of the prices and descriptions of the Products available for sale.

3.2. Confirmation of shipping of the Order

The Customer receives an e-mail summarising the content of her/his order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent. The contract shall only cover the Products specified in the order.

3.3. Tracking of the order

The Customer is provided with a carrier tracking number when her/his order has been confirmed. If the Customer wants to obtain information concerning the progress of the order, she/he may log onto the website of the carrier chosen by YHIMURA, and follow the transport of her/his parcel live.

4. Product availability

The Product offers and prices of YHIMURA are valid while they are visible on the Website, and subject to stock availability. In the event the Product is found unavailable after placing the order, YHIMURA shall inform the Customer, as soon as possible, by e-mail about this fact. In such a case YHIMURA may offer the Customer:

1. A Product with similar characteristics to the one initially ordered, provided that these are in accordance with the Customer’s needs.
2. To wait for the arrival of the Product and to send the Product once it is back in stock.
3. To cancel the order refunding the amount paid for it within 14 calendar days.

For out-of-stock Products with the PRE-ORDER option:

A Pre-Order is the reservation of a Product that is not yet in stock or available for shipping. The advantage of buying Pre-Order Products is that the Customer can guarantee the Product she/he wants without the risk of it being sold out as soon as it is online. Orders can be very high on certain Products and can often sell out before they physically arrive in the warehouse.

The Pre-Order option will appear when the Product to be ordered is not available in stock at the time of purchase. If a Pre-Order is purchased, this means that the Customer will have purchased a Product that will enter the production phase and it will be available as soon as possible to be shipped directly to the address provided.

The date indicated on each Product with the Pre-Order option is indicative and corresponds to the arrival of the Product at the warehouse, and not to the specific date of shipping of that Product. All Products will be shipped with prior notice, from that date onwards, once the orders have been processed, prepared and shipped in strict order of purchase.

If a Pre-Order is placed, it will be treated as a normal order and payment for the purchase will be made at the time of purchase.

IMPORTANT: Orders containing Pre-Order Products cannot be shipped until their distribution date. This means that, if these Products are included in an order with common Products, they will not be confirmed and shipped until the Pre-Order Product becomes available. If the Customer wants to receive the common Products before the Pre-Order Products, the Customer must place separate orders.

If, after placing an order, the Customer decides that she/he no longer wants it, she/he should contact Customer Service by e-mail at hello@yhimura.com as soon as possible to cancel the shipping before it leaves the warehouse. Once the order has left YHIMURA’s premises it cannot be cancelled.

In exceptional cases, errors or modifications may occur, notably in the case of simultaneous orders of the same Product by several Customers.

YHIMURA shall not be liable in case of shortage of stock or unavailability of Products for orders not yet accepted by YHIMURA.

YHIMURA reserves the right to change at any time and without prior notice the Products offered on the Website.

To ensure a better quality of service and availability of its Products to all of its online Customers, YHIMURA reserves the right to limit the quantity of Products that can be purchased by a given Customer.

Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, YHIMURA cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.

YHIMURA reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if YHIMURA reasonably considers that this Customer has infringed these GTCS or that she/he has been engaged in a fraudulent activity, or for any other legitimate reason.

5. Price

The prices applicable to each Product will be those published on the Website on the date on which the Customer places the Order. Although YHIMURA tries to ensure that all prices listed on the Website are correct, errors may occur. In the event that YHIMURA discovers an error in the price of any of the Products ordered by a Customer, she/he will be informed by e-mail as soon as possible, and she/he will be given the option to re-confirm the order at the correct price or cancel it. If YHIMURA fails to contact the Customer, the order will be considered cancelled and the Customer will be refunded.

YHIMURA shall not be obliged to supply the Customer with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could reasonably have been recognised by the Customer as the incorrect price.

YHIMURA reserves the right to change at any time and without prior notice the prices of the Products offered on the Website. However, any changes will not affect the Products for which YHIMURA has already sent the Shipping Confirmation.

The prices of the Products are expressed in Euros, including taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, YHIMURA shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products to a third country outside the European Union).

The Products are invoiced on the basis of the tariffs displayed on the Website at the time when the order is placed, subject to availability of the Products ordered at this time.

All orders are payable in Euros and must be settled immediately upon placing the order.

* Payment terms and conditions

By credit card (Visa and MasterCard). The payment is made on the secure website of YHIMURA approved banking and credit institution. This means that no banking information regarding the Customer transits via the www.yhimura.com Website. Therefore, payment by credit card is completely secure (SSL). The order will be then recorded and validated on acceptance of the payment by the banking service.

Payments will also be accepted through other platforms such as PayPal or via bank transfer. In this latter case, YHIMURA will not proceed to the confirmation, and subsequent preparation and shipping of the order, until the income of the total amount of the order is displayed in the bank account of YHIMURA.

6. Reservation of ownership

The ordered Products remain the property of YHIMURA until receipt of full payment of the price by YHIMURA. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time they are delivered to the address indicated at the time of the order.

7. Terms and conditions of delivery

YHIMURA cannot be held responsible for any action and/or costs and/or taxes (which fall under the responsibility of the Customer) and/or delays due to customs over which it has no control.

All “in stock” Products that are sold will be prepared for shipping within 7 working days. Exceeding this period shall not give rise to any cancellation of the order, reduction of the price paid by the Customer, or any damages.

If any order reaches a certain volume, YHIMURA can send it to the Customer in several deliveries and/or several packages. If the order contains more than one Product, the shipping will be made once all the garments are ready.

Process and delivery time:

1. Spain (Mainland and Balearic Islands), Portugal (Mainland) and Andorra: Parcels to these destinations are shipped via Correos Express service. Delivery via this service takes 1-2 working days.
2. Spain (Canary Islands, Ceuta and Melilla) and Gibraltar: Parcels to these destinations are shipped via Correos Express service. Delivery via this service takes 1-2 working days. The Customer is further informed that, the delivery time indicated above can be delayed to 3-6 working days due to the retention of the Products in Customs. YHIMURA cannot be held responsible for the time that the Customs Department takes to process and release the Products.
3. Portugal (Madeira and Azores): Parcels to these destinations are shipped via Correos Express service. Delivery via this service takes 4-10 working days.
4. EU zone: Parcels to EU destinations are shipped via Correos Internacional service. Delivery via this service takes 3-6 working days.
5. NON EU zone: Parcels to Non EU destinations are shipped via Correos Internacional service. Delivery via this service takes 3-8 working days. The Customer is further informed that, the delivery time indicated above can be delayed due to the retention of the Products in Customs. YHIMURA cannot be held responsible for the time that the Customs Department takes to process and release the Products.

All delivery times indicated above are always approximate and, although YHIMURA tries to adjust to them as much as possible, there may be cases in which these are not met rigorously. Delivery times may be affected in times of high volume of sales such as Black Friday, Christmas, sales, summer holidays… as well as national bank holidays, adverse weather conditions or external causes to the brand directly related to the courier service.

YHIMURA does not guarantee, therefore, delivery on time in these cases and cannot be held responsible for any incidents caused by courier companies, if any. If for any extraordinary cause (other than those mentioned above) this is not possible, the Customer will be notified by e-mail and an estimated delivery date will be provided to her/him.

The Customer must check the compliance of the Products delivered at the time of delivery and before the signature of the carrier’s delivery note. She/he must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged box, damaged Product, etc.). This verification is deemed achieved as soon as the Customer, or a person of her/his choice, has signed the delivery note. No claim regarding the condition of the parcel/s will be admissible thereafter.

In the event of incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, YHIMURA cannot be held liable for the complete, final completion of this delivery. If this lack of information leads to a second presentation to the recipient, YHIMURA shall be entitled to request that the Customer pay the corresponding fees for this second delivery.

In the same way, YHIMURA cannot be held responsible for those orders collected by third parties who differ from the recipient (neighbours, caretakers, third persons of the family nucleus, flatmates, etc.) who accept the responsibility and pick up the parcel and who identify themselves and sign the delivery.

The Customer is subject to the general terms and conditions of delivery of the carrier that, in some cases, if she/he does not submit to them can impact the quality of the delivery.

Accordingly, in the event of absence of the recipient, according to the general terms and conditions of the carrier the Product may be, if the parcel is shipped by:

1. Correos Express service, presented again and/or left at an agreed drop-off point of the carrier where it can be collected by the recipient within 7 working days and/or returned to YHIMURA.
2. Correos International service, left at a nearby drop-off point of the carrier. The courier will notify the recipient, in writing, the selected drop-off point where she/he can collect the shipping within 7 working days. If after notification of collection of the parcel that time expires the parcel will be returned to YHIMURA.

That said, YHIMURA cannot be held responsible, in any case, for any theft, loss or damage of the Products in connection with their delivery and, more generally, the final quality of the delivery.

In the event that it is impossible to deliver and if the Product must be returned to YHIMURA by the carrier, YHIMURA will not make any new delivery.

Any claim regarded the delivery of Products must be submitted within 7 calendar days following receipt of the Product/s in the same conditions as mentioned above. If it is decided that the Product/s must be returned to YHIMURA, it must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact Customer Service beforehand via e-mail at hello@yhimura.com to obtain a return number and/or a return label as well as any information related to the shipping. No parcel shall be accepted without a return number. The Product must be returned to YHIMURA -Customer Service-.

8.- Right of withdrawal

The Customer has 14 days from the day of delivery of the Product purchased on the Website to inform Customer Service of her/his desire to return the Product.

For any return, the Customer must contact the Customer Service beforehand via e-mail at hello@yhimura.com to inform it of her/his decision to use her/his right of withdrawal, adding the reason. Any parcel returned after the prescribed time frame shall be refused and returned to the sender. No parcel returned as a cash on delivery shipping shall be accepted, whatever the reason. The costs, as well as any taxes or customs duties and risks pertaining to the return of Products are borne by the sender. In order for the Customer Service to accept the exchange and/or reimbursement, the Product must be returned in full condition, in its original packaging, undamaged, with its label intact and attached in its original place, not worn, accompanied by all of its accessories, and a copy of the purchase invoice. The Customer shall not have to pay penalties, with the exception of return costs. Returns of Products that have been used or that show signs of tampering or intentional damage will not be accepted.

YHIMURA cannot held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.

On receipt of the Product returned by the Customer, the Customer Service shall send a confirmation of receipt of the Product by e-mail.

In the event the Customer makes a valid use of this right by the Customer, YHIMURA will reimburse the Customer the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potencial customs duties and all costs arising from the shipping), within a maximum period of 14 days by bank transfer to the account used with the credit card bearing the Customer’s name.

9. Product Returns and Exchanges costs

In the event YHIMURA accepts the exchange or the return of the Product, the Customer Service will provide via e-mail instructions on how to proceed with the return of the Product, as well as any information related to the shipping.

YHIMURA cannot be held responsible for the costs, as well as any taxes or customs duties and risks pertaining to the return or exchange of Products. The costs generated by the return or exchange are borne by the Customer and will be deducted from the amount to be reimbursed.

We recommend the Customer to inquire about the return taxes and duties in force in her/his country. Knowledge of these aspects is essential in order for the Customer to fully understand the costs associated with returning Products.

Each country has its own tax regulations and policies regarding returns. These may include sales taxes, return fees, customs duties or other charges that may apply when returning a Product.

By learning about country-specific return taxes and duties, the Customer will be able to make more informed decisions when making purchases and returns. This may include assessing the costs involved and considering whether a return is economically viable in certain circumstances.

We recommend the Customer to consult directly with the country’s tax authorities or a qualified tax advisor for accurate and up-to-date information on the refund rates and taxes that apply in that location.

10. Statutory warranties

The Products sold by YHIMURA are subject to the conditions of statutory warranties.

YHIMURA will refuse any complaint for Products that have been used contrary to their intended use.

Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address hello@yhimura.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the Customer Service at the following address: YHIMURA C/ Rafalafena 39, Piso 1 – Local 3, 12003 Castellón, Spain.

10.1. Statutory warranty of conformity

YHIMURA shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. YHIMURA is also liable for conformity defects resulting from packaging, assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.

10.2. Statutory warranty against hidden defects

YHIMURA shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that she/he would not have acquired it or would have paid a lower price if she/he had been aware of them. These guarantees shall apply provided that the Customer makes the request in a period of 12 months following the delivery of the Product (for the statutory warranty of conformity) or the discovery of the defect (for the statutory warranty of hidden defects).

Conformity defects that appear within a period of 12 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

In the event of an actual non-conformity in a Product sold by YHIMURA, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for YHIMURA. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to her/him, unless the conformity defect is minor.

In the event of an actual hidden defect on a Product sold by YHIMURA, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to her/him.

In any event, it shall be up to the Customer to prove that she/he fulfils the conditions of the guarantee properly

The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.

In the case of lack of conformity and/or hidden defects admitted by YHIMURA, should the Customer choose to return the Product, she/he shall ship it to the following address: YHIMURA C/ Rafalafena 39, Piso 1 – Local 3, 12003 Castellón, Spain. The Customer must obtain beforehand a return number as well as any precision relating to shipping from the Customer Service to be contacted via e-mail at hello@yhimura.com. No parcel shall be accepted without a return number.

11. After-sales service

Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the Customer Service via e-mail at hello@yhimura.com.

12. Limitation of liability

In no event may YHIMURA be held liable for any damage which does not result from a failure by YHIMURA to honor one its obligations.

13. Personal data

When the Customer registers on the www.yhimura.com Website, YHIMURA collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer her/him accessible services in the reserved access areas of YHIMURA. The filling in of personal information concerning the Customer is essential for the processing and delivery of her/his orders.

The order process on the www.yhimura.com Website requires the creation of a Customer account in which her/his information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for YHIMURA exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the Regulation (EU) 2016/679, general regulation on data protection.

In this respect YHIMURA notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding obligations of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of YHIMURA.

The Customer shall at all times have a right of access, amendment, rectification and deletion of her/his data. To exercise this right she/he may present a request to YHIMURA by e-mail to the address hello@yhimura.com or by letter to the following address: YHIMURA, C / Rafalafena 39, Piso 1 – Local 3, 12003 Castellón, Spain. Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.) can also be used by YHIMURA and/or its partners for marketing purposes like sending of newsletters or requests.

The Website uses cookies in order to best satisfy and customize the Customer’s requirements. The purpose of the cookie is to indicate that you have visited the Website. For more information on how and why YHIMURA uses cookies, the Customer can visit its Cookies Policy.

14. Intellectual property

All documents, information, texts, graphs, images, photographs or any other content published on the www.yhimura.com Website are the exclusive property of YHIMURA. Consequently they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the person responsible for the publication.

YHIMURA is the owner of all the intellectual property (with the exception of author’s moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed. The Customer acknowledges without reservation the intellectual property rights of YHIMURA and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, reproduce, transform, sell, distribute, communicate publicly, make available to the public, extract, reuse, resend, license or market in any manner howsoever, directly or through a third party, for its benefit of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights pertaining to the Products and trademarks belonging to YHIMURA.

Authorisation for the use of any content of the Website may be requested at the e-mail address hello@yhimura.com. The provisions of the preceding paragraphs shall not in any case the assumption of responsibility by YHIMURA on the content, nor may generate right to compensation for users or third parties.

15. Industrial property

May not be used Trademarks, trade names, names, logos, slogans or any type of distinctive sign displayed on the Website and belonging to YHIMURA, and specifically, the word “YHIMURA”, without prior written permission of YHIMURA. Authorisation for the use of any distinctive sign belonging to YHIMURA may be requested at the e-mail address hello@yhimura.com.

16. Overwhelming force

Means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case. In the situation where YHIMURA is prevented or delayed by an overwhelming force case in honoring its commitments, YHIMURA undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the overwhelming force, the reasonably foreseeable period of delay or preventin. YHIMURA will then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of overwhelming force, YHIMURA may exercise its discretionary right to terminate the order or part thereof, without being held liable, except however that YHIMURA shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of overwhelming force to release her/him even temporarily from an obligation to pay a sum of money.

17. Governing law – Disputes

These GTCS, as well as the use of the Website, shall be governed and interpreted in accordance with Spanish law. The language of this contract is Spanish. In the event of a dispute the Spanish courts shall have sole jurisdiction. However, in accordance with Regulation CE 593/2008 of the 17 June 2008, these GTCS do not prevent the application of a more favorable mandatory non-livable provisions to the Customer, and as may applicable based on the Customer’s normal place of residence. In the event of a dispute arising in connection with the performance and/or interpretation of these GTCS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure, i.e. the European Online Dispute Resolution of the European Commission.

18. Modification of the General Terms and Conditions of Sale (GTCS)

YHIMURA has the right to review and change at any time these GTCS. The Customer will be subject to them at the time of acceptance, unless by law or decision of government agencies YHIMURA must make changes retroactively, in which case any changes will also affect orders that the Customer had previously requested.