Terms of service
1 - INTRODUCTION
This document (together with the documents referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products on this website (the "Terms").
Please read the Terms carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms, so if you do not agree to all of the Terms, you should not use this website.
These Terms may change from time to time. It is your responsibility to read them periodically, as the conditions in force at the time you use the website or enter into the Contract (as defined below) will be the ones applicable to you.
2 - OUR DETAILS
This website is operated by Young Wild Hunters SL, a limited company with registered office at Calle Cercis 48, Madrid, 28023, Spain and VAT number B88099098.
3 - YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
4 - USE OF OUR WEBSITE
By making use of this website and/or placing orders through the same you agree to:
1.- To make use of this website only to make legally valid inquiries or orders.
2.- Not to place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3.- To provide us with your e-mail address, postal address and/or other contact details in a truthful and accurate manner. You also agree that we may use such information to contact you if necessary (see our Privacy Statement).
If you do not provide us with all the information we need, 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 - CONCLUSION OF THE CONTRACT
The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure and confirm payment. You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed via an email from us confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Shipping Confirmation. Only those products listed on the Shipping Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any product that may have been ordered until we confirm the shipment of the product to you in a Shipping Confirmation.
6 - PRODUCT AVAILABILITY
All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
7 - REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.
8 - DELIVERY
Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will endeavor to ship the order consisting of the product(s) listed in each Shipping Confirmation within the delivery time specified or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" shall be deemed to have taken place at the agreed delivery address and on the date agreed with the carrier, communicated via SMS and/or e-mail.
9 - IMPOSSIBILITY OF DELIVERY
For home deliveries: if after two attempts we are unable to deliver your order, we will tell you where your order is and how to pick it up. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day or directly with the carrier. You will have a maximum period of 15 days, from the date of Confirmation of Shipment, to arrange delivery of your order to the address indicated at the time of purchase. If after this period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products minus the relevant shipping and handling costs as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract to be terminated.
10 - TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks of the products shall be borne by you from the time of their delivery.
You will acquire ownership of the products when we receive full payment of all sums due in respect of the products, including delivery charges, or at the time of delivery (as defined in clause 9 above), if this takes place at a later time.
11 - PRICE AND PAYMENT
The price of each product will be the one stipulated at any given time on our website, except in case of obvious error. Although we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be fully reimbursed for any amounts paid.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.
The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due when selecting the shipping location.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make payment.
You will be able to pay with Visa and Mastercard.
By authorizing payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.
12 - RETURN/EXCHANGE POLICY
The limited warranty is set forth below and is given by the manufacturer with respect to the Young Wild Hunters brand. The manufacturer warrants this product to be free from defects in material or workmanship as follows:
Young Wild Hunters S.L. Product Limited Warranty.
Young Wild Wild Hunters S.L warrants that, for a period of one (1) year from the original date of purchase, the WildScreen will be free from defects in materials and workmanship under normal use. In the event of a defect in the Product, please contact Young Wild Hunters S.L. Customer Service (Young Wild Hunters S.L.com/help) for assistance. Under this warranty, Young Wild Hunters S.L.'s sole obligation shall be, at its sole discretion, to repair or replace the WildScreen. This warranty does not apply to products damaged by misuse, accident or normal wear and tear. Damage caused by the use of non-Young Wild Hunters S.L. brand batteries, power cords or accessories or battery charging or recharging devices is also not covered by this or any other warranty. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY. YOUNG WILD HUNTERS S.L. DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL YOUNG WILD HUNTERS S.L. BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR ANY QUANTIFIABLE, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED OR ARISEN OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WILDSCREEN OR OTHER WILDSCREEN-RELATED PRODUCT, EVEN IF YOUNG WILD HUNTERS S.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOUNG WILD HUNTERS S.L.'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE WILDSCREEN OR WILDSCREEN RELATED PRODUCT. Some jurisdictions do not allow restrictions on how long an implied warranty lasts, or the exclusion or restriction of incidental or consequential damages, so the above restrictions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.
European Union Consumers:
Young Wild Hunters S.L grants, for a period of two (2) years from the date of original purchase of the WildScreen or WildScreen part or accessory and absolutely free of charge, a limited manufacturer's warranty to the end consumer. This will not limit any consumer rights you may have under consumer law; instead, it grants you additional rights. The terms and conditions below govern this warranty. Young Wild Hunters S.L. warrants, for a period of two (2) years from the date of original purchase, that your Young Wild Hunters S.L. product will be free from defects in materials and workmanship under normal use provided it is used in accordance with the instructions in the relevant Young Wild Hunters S.L. user manual (Young Wild Hunters S.L.com/support). In the event that your product is defective, please contact Young Wild Hunters S.L. Customer Service (Young Wild Hunters S.L.com/support) for assistance and be prepared to present the original purchase receipt. Under this warranty, Young Wild Hunters S.L.'s sole obligation shall be, at its sole discretion, to repair or replace the defective product. This warranty does not apply to Young Wild Hunters S.L. products that are damaged by misuse, accident, or normal wear and tear. This warranty also does not apply to Young Wild Hunters S.L products that are damaged as a result of repair work not performed by Young Wild Hunters S.L or an authorized Young Wild Hunters S.L representative.
The benefits afforded by Young Wild Hunters S.L's limited warranty are deemed to be in addition to the other rights and remedies available to you. Our goods include warranties that cannot be excluded under the Australian Consumer Protection Act (Australian Consumer Law). You are entitled to a replacement or refund in the event of a major failure, as well as compensation for damages. You are also entitled to have the product repaired or replaced if the quality offered is not acceptable and even if the failure is not serious.
12.1 - LEGAL RIGHT TO CANCEL THE PURCHASE
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract at any time within 14 calendar days from the date of delivery of your order.
In this case, you will be refunded the price paid for such products. You will be responsible for the direct costs of returning the product when you do not return the product by any of the free methods mentioned in this Agreement.
You may prove the exercise of the right of withdrawal in any manner permitted by law, being considered in any case validly exercised that right by returning the products.
This provision does not affect other rights recognized to the consumer by the legislation in force.
12.2 - COMMON PROVISIONS
Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same condition in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents and product packaging. In any case, you must return with the product to be returned the "Shipping Confirmation Email" that you have received with the payment of your product. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so you should be careful with the products while they are in your possession.
Returns can be made using one of the following methods:
Returns via courier: You must contact us so that we can arrange the collection at your home, the cost will be XX euros in Peninsula, XX€ to Balearic Islands and if you want collection in the Canary Islands, Ceuta or Melilla write to firstname.lastname@example.org. You must deliver the goods in the same package in which you received them.
In case you do not want us to pick up the products, you will be responsible for the shipment you make. Please note that if you choose to return the items to us freight collect we will be entitled to charge you for any costs we may incur.
After examining the item we will let you know if you are entitled to a refund. The return will be made as soon as possible and, in any case, within 30 days from the date of receipt of the item(s) in our warehouse. The refund will always be made in the same payment method you used to pay for the purchase.
If you have any questions, please contact us at email@example.com .
12.3 - RETURNS IN CANARY ISLANDS, BALEARIC ISLANDS, CEUTA AND MELILLA and INTERNATIONAL
If you wish to exchange or return a product that has been delivered in the Canary Islands, Balearic Islands, Ceuta, Melilla or outside Spain, you must contact us by email at firstname.lastname@example.org to arrange with us, or one of our representatives, the collection of the product by a courier or make the return at your own cost.
12.4 - RETURNS OF DEFECTIVE PRODUCTS
In cases where you consider that at the time of delivery the product does not conform to the Contract, you should contact us immediately at email@example.com indicating the details of the product and the damage it suffers.
We will proceed to carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, if the product is to be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.
The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including delivery costs incurred to deliver the item. The refund will be made by the same means of payment that was used to pay for the purchase.
The rights recognized by the legislation in force remain unaffected.
13 - LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
In the event of death or personal injury caused by our negligence.
In case of fraud or fraudulent misrepresentation.
In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their source:
1.- Loss of income or sales.
Loss of business.
3.- Loss of profits or loss of contracts.
Loss of anticipated savings.
Loss of data.
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 the information transmitted or obtained through this website unless otherwise expressly stated herein.
All product descriptions, information and materials contained in this website are provided as a body of certainty and without express or implied warranties about them.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded for consumers and users.
The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.
14 - INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark, design of clothing models and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who granted us license for use. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order data or Contact data.
15 - VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging programs or material. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized 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 damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.
16 - LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, such links are provided for informational purposes only and we have no control over the content of such websites or materials. We therefore accept no liability for any loss or damage arising from their use.
17 - WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you 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 legal requirements to be in writing. This condition will not affect your statutory rights.
18 - VERBAL COMMUNICATIONS (by telephone or in person)
It may be the case that the information or communications that we provide you are given verbally (by telephone or in person). As a general rule, this information will always be backed up and will be related to the information provided on this website and in these Conditions, and we will try to leave a written record of verbal communications whenever possible.
In the event that a purported exchange is not transcribed, it shall be deemed to be human error and shall not give rise to any future claims or damages to the extent legally permissible. This condition shall not affect your statutory rights.
19 - NOTICES
Notices from you to us should be sent by email to firstname.lastname@example.org . In accordance with the provisions of the above clauses and unless otherwise stipulated, we may send communications to you either by e-mail or to the telephone number you provided when placing an order.
It will be understood that the notifications have been received and have been correctly made when it can be proved that the e-mail address as well as the telephone number correspond to the data specified by the receiver.
20 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assigns and successors in title.
You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without obtaining our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under a Contract to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your statutory rights as a consumer, if any, or void, reduce or otherwise limit any express or implied warranties that we may have granted to you.
21 - EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
It shall be understood that our obligations under the Contracts shall be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for such time as may be necessary for us to do so. 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 under the Contract notwithstanding the Force Majeure Event.
22 - WAIVER
The failure by us to require strict performance by you of any of your obligations under a Contract or these Conditions or the failure by us to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms.
No waiver by us of any of these Terms or any rights or remedies under the Agreement shall be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the Notice section above.
23 - PARTIAL NULLITY
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.
24 - ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.
You and we acknowledge that we have consented to enter into the Contract without relying on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the 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.
25 - OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to revise and modify these Terms at any time.
You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental agency decision to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
26 - APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
Any dispute arising out of or in connection with this Agreement - including any question relating to its existence, validity, termination, interpretation or performance - shall be submitted for resolution, after having attempted direct negotiation as described in clause 23, if applicable, to mediation. The contracting parties shall choose the mediator or mediators by mutual agreement. In the absence of agreement, the mediation shall be administered by the Signum Notarial Foundation for Alternative Dispute Resolution, which shall choose the mediator or mediators in accordance with its Regulations. The mediation may be terminated at the request of any of the parties and in any case may not extend for more than 45 days from its commencement, unless unanimously agreed by the parties.
If the mediation is unsuccessful in whole or in part, for the resolution of the remaining dispute the parties expressly submit to the jurisdiction of the courts of the Villa de Madrid.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
27 - COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact email (email@example.com).