Terms & Conditions
1. INTRODUCTION
Thank you for visiting our website. In order to ensure that you have the best experience on the site, we provide you with this document which sets out the terms and conditions governing your use of this website (www.verynoi.com) and your purchase of products from this website (the ‘Terms and Conditions’).
Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy (together, the ‘Privacy Policy’) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.
If you have any questions regarding the Terms and Conditions or the Privacy Policy you can contact us via our contact email address.
2. OUR DETAILS
The sale of articles through this website is carried out under the registered trademark Verynoi Studio Ceramics & More, owned by Rocío Arévalo Vargas and Pablo Martín Alonso de la Sierra Figueroa, with address at Calle Dos Hermanas 3 , Rota 11520 (Spain), with contact telephone +34 633 620 182 and email hola@verynoi.com.
3. YOUR DETAILS AND VISITS TO THIS WEBSITE
The information or personal data you provide will be treated in accordance with the provisions of the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all the information or data you provide us with are true and correspond to reality.
4. USE OF OUR WEBSITE
By making use of this website and placing orders through it you agree to:
1. To use this website only to make legally valid enquiries or orders.
2. Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
5. AVAILABILITY OF THE SERVICE
The items offered on this website can be shipped to all the countries listed in the drop-down menu when you fill in the shipping details.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on ‘Authorise payment’. You will then receive an e-mail acknowledging receipt of your order (the ‘Order Confirmation’). We will also inform you by email when your order is being shipped (the ‘Shipping Confirmation’).
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the ‘My Account’ section as well as exercise the right of rectification contemplated in our Privacy Policy through the email indicated.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website provides details of all the items you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after completion of the payment process, please contact us as soon as possible.
8. PRODUCT AVAILABILITY
All our products are made to order. Please consult the section ‘Shipping and returns’.
9. DELIVERY
Unless unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated by us according to the shipping method selected. Please see section ‘Shipping and Returns’.
10. TRANSFER OF RISK AND OWNERSHIP
The risks of the products shall be borne by you from the time of delivery. You shall acquire ownership of the products when we receive full payment of all amounts due in relation to the products, including shipping costs.
11. PRICE AND PAYMENT
Prices on the Website include VAT (where applicable) but exclude delivery charges, which will be added to the total amount due as set out at the end of our checkout process. Prices may change at any time, but any changes will not affect orders for which we have already sent an Order Confirmation. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step is to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the details of your order.
You can use Visa, Mastercard, American Express cards as payment methods. You may also use the Klarna instalment payment method for the products specified.
We inform you that Pablo Alonso de la Sierra Figueroa, with CIF 31258329H, address at Calle Dos Hermanas 3, 11520 Rota (Spain), telephone +34 633 620 182 and email hola@verynoi.com. will carry out on behalf of Verynoi Studio the collections and, where appropriate, refunds related to payments made through this website.
To minimise the risk of unauthorised access, your credit card details will be encrypted.
By clicking on ‘Authorise Payment’ you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or subscription card.
Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
12. PURCHASING AS A GUEST
This website allows you to purchase through the guest checkout functionality. In this mode of purchase, you will only be asked for the essential data to process your order.
13. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
You expressly authorise us to issue the invoice in electronic format. However, you may at any time indicate your wish to receive an invoice in paper format, in which case we will issue and send the invoice in this format. You may request this by contacting our customer service department by any of the means made available to you free of charge.
14. RETURNS POLICY
See shipping and returns section.
15. GUARANTEES
The products we sell may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in texture, glaze, shape and colour, shall not be considered defects or faults. On the opposite, they should be expected and appreciated. We only manufacture products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
16. LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their source:
1. loss of revenue or sales; 2. loss of business; 3. loss of profits or loss of contracts; 4. loss of anticipated savings; 5. loss of data; and 6. loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
17. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual and industrial property rights in the materials or content provided as part of the website belong at all times to us or to those who have licensed us to use them. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
18. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of any breach of this clause, you will immediately cease to be authorised to use this website. We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
19. LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from your use of them.
20. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you must be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.
21. NOTICES
Notices from you should preferably be sent to us via our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either by e-mail or to the postal address provided when placing an order.
Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent. We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.
23. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (‘Force Majeure Event’).
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, flood, earthquake, tidal wave, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, ships, aeroplanes, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
24. WAIVER
Our failure to require your strict performance of any of your obligations under a contract or these Terms or our failure to exercise any right or remedy which may be available to us under such contract or these Terms shall not constitute a waiver or limitation of such right or remedy or relieve you of any such obligation.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
25. PARTIAL INVALIDITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
26. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between us relating to the subject matter hereof and supersede any prior covenant, agreement or promise made between us orally or in writing. We both acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior thereto, except as expressly referred to in these Conditions.
Neither party shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
27. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions. Any amendments made will not be retroactive.
If you do not agree to any such changes, we advise you not to use our website.
28. GOVERNING LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through our website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under applicable law.
29. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome any comments, suggestions, complaints or claims you may have. Please send us such comments and suggestions, as well as any queries via our contact email address hola@verynoi.com.