The sale of articles through this website is carried out under the name UNDERMONKEYS by UNDERMONKEYS S.L. ., Spanish company with address at Calle Bonavista 21, Puerta 5 08960 Sant Just Desvern (Barcelona), Spain, and CIF B04981189 with telephone +34 624 406 424 and email firstname.lastname@example.org.
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
By using this website and placing orders through it, you agree to:
i. Make use of this website only to make legally valid inquiries or orders.
ii. Do not 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.
The articles offered through this website are only available to individuals, for shipment to mainland Spain, the Balearic Islands, as well as to all the countries of the European Union. If you want to order from another country through this website, please contact us at email@example.com and we can see the delivery conditions.
6. HOW TO PLACE AN ORDER
To start the purchase process, the Buyer must identify himself in the Service (as a user or as a guest). Once accessed with your identifier, you can select the products you are interested in, adding them to the shopping cart.
After the selection of the products and other options offered, the Buyer will be directed to the confirmation page, where he will be able to view all the concepts that make up his order, so that he can identify any errors and, where appropriate, proceed to correct them.
If the order is correct and the Buyer does not need to correct any concept thereof, he / she may complete the purchase process by confirming the order and accepting these Particular Conditions, which constitute the contract between the Buyer and the Entity.
Once the purchase process is completed, the Buyer will receive the order confirmation via email and the amount of the purchase will be charged in the chosen payment method. An order number will be assigned, which must be indicated in any subsequent communication that the Buyer may make in relation to said order.
The payment of the products will be made in any of the means that, at all times, are made available to the Buyers.
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or at the email address mentioned above, to correct the error. Notification is supported
– by email: firstname.lastname@example.org
– by phone: +34 624 406 424
– by whatsapp: +34 624 406 424
8. AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
The Entity reserves the right to decide, at any time, which products are offered to Buyers through the Service, being able to modify and update the catalog at any time and without the need for prior notice.
Before placing the order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the products / s listed in each Shipment Confirmation. The shipping time established in normal circumstances will be that established in the purchase process from receipt of payment (from 5 to 30 days depending on the destination of the products). In any case, it will be delivered no later than 30 calendar days from the date of the Order Confirmation.
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 proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
Keep in mind, in any case, that we will not process shipments, nor do we make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to drop it off. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to get it sent again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that after 15 days since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, except for delivery costs, without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please, bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs that we will deduct from the amount of the return.
11. PRE-SALE OF ARTICLES
In the case of making a purchase of pre-sale items, they will be delivered to the address selected by you within the terms indicated on our website. Keep in mind that some of these items are subject to longer delivery times, which will be those shown on the website and, in any case, will be delivered within a maximum period of 30 days from the date of the Order Confirmation. In the case of mixed orders made up of products corresponding to the usual purchase process and pre-sale products (“Mixed Orders”), the items will have been ordered by you in the same order but may be delivered separately and at different times. Once the pre-sale products have been prepared, we will contact you to inform you that they are being shipped (“Shipment Confirmation”). You have the right to withdraw from the contract within 14 calendar days without justification. In the case of Mixed Orders, the withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquires material possession of the last of the goods. If you make a pre-sale purchase of a product, all the provisions contained in these Conditions will also apply to you.
12. TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this would take place at a later time.
13. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Buying – Shipping Guide. Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. You can use Visa, Mastercard, American Express, PayPal, Apple Pay and Android Pay cards as a means of payment. By clicking on “Authorize Payment” you are confirming that the credit card is yours. Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
14. BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
15. VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
16. RETURN POLICY
16.1 Legal right to cancel the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, the Buyer must notify UNDERMONKEYS S.L. your decision to withdraw from the purchase through an unequivocal statement (for example, a letter sent by post or email), sent through any of these means:
• C / Esports 5, 08960 Sant Just Desvern. Contact telephone number +34 624 406 424.
In the above declaration, the Buyer must provide the order number and specify with respect to which product or products he exercises his right of withdrawal. The Buyer may use the withdrawal form below, although its use is not mandatory.
Return and Withdrawal Form
For the attention of UNDERMONKEYS S.L., with address at C / Esports 5, 08960 Sant Just Desvern with telephone number +34 624 406 424 and email address email@example.com.
Mr. / Mrs. [name and surname], with ID [complete] and address for these purposes in [complete], hereby I come to inform you of my willingness to withdraw from the purchase contract whose details are listed below:
▪ Order number [complete]
▪ Date received: [complete]
▪ Product / s whose purchase I wish to cancel: [complete]
In [city], on [day] of [month] of [year]
To meet the withdrawal period, it is sufficient that the communication, by the Buyer, regarding the exercise of this right is sent before the corresponding period expires.
Consequences of withdrawal
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs, up to the initial shipping address without any undue delay and, in any case, no later than 14 calendar days from the date in which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. Notwithstanding the foregoing, we may retain the refund until we have received the goods that must be kept in their original state of conservation and quality.
You must proceed to the return through a messenger / courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired. The return can be arranged on your own or by contacting us to schedule a collection. In any case, you will be responsible for the direct costs of returning the product (directly paid by you if the courier manages it on your own or deducted from the amount of the return if we manage it for you).
You will only be responsible for the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
16.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized for consumers and users and mentioned in clause 16.1 above, we grant you a period of 30 days from the Shipping Confirmation to make product returns (except for those mentioned in clause 16.3 below, with respect to which the right of withdrawal is excluded).
In the event that you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, only the price paid for such products will be reimbursed. You will be responsible for the direct costs of returning the product when you do not make the return through a courier / courier organized by us. You may exercise your right of withdrawal in accordance with the provisions of clause 16.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within 30 days. from the Shipping Confirmation.
16.3 Common provisions and exceptions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
– Personalized items
– Music CDs / DVDs without their original packaging
– Goods sealed for health or hygiene reasons that have been unsealed after delivery.
As stipulated above, for safety and hygiene reasons we do not accept the return of underwear, specifically we do not accept the return of Slips, Boxers and Briefs/Panties. Other products on our website may be subject to special return and / or withdrawal conditions (in accordance with the provisions of clause 16.4 below).
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made for products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents and / or labels that accompany it. You can make returns through a messenger / Courier that we will send to your home.
Returns via courier / courier:
You must contact us through our return request so that we can arrange the collection at your home address. You must deliver the merchandise in the same package that you received it, following the instructions that you will find in the “RETURNS” section on this website. If you have made a purchase as a guest, you can request returns by messenger / courier, by calling +34 624 406 424. You will be responsible for the return costs. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses we may incur. After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same payment method that you used to pay for the purchase. You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact channels or by calling +34 624 406 424. Keep in mind that, having delivered the order, in case of exercising the legal or contractual right to Withdrawal, when you are the one who organizes the transport of the same, without therefore said service having been offered by us, we will not be able to assume the risk of the return package when it refers to causes not attributable to UNDERMONKEYS. Likewise, remember that you will be responsible for the content of the return package when you use any of the return options offered by UNDERMONKEYS. In the event that there is an error in the content of the return package not attributable to UNDERMONKEYS, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention. In any case, the rights and actions recognized by current legislation remain safe.
16.4 Special Conditions
Some of our items, due to their special characteristics, have to meet the following conditions in order to be returned:
– Swimwear: must include the hygiene sticker.
– Underwear: underwear items cannot be exchanged or returned except for socks, tights, tops, bodysuits and undershirts that retain the original packaging.
– Pajamas: they can be changed or returned as long as they are in the same purchase conditions. Items that include a bag must be returned with it.
– Accessories: they will have to be returned with their original bag or cardboard intact.
– Packs: items that are part of a pack cannot be returned separately.
16.5 Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you should contact us immediately through our contact channels providing the product data as well as the damage suffered, or by calling the number +34 624 406 424 where we will tell you how to proceed
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by current legislation remain safe.
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product. It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. In this sense, if any of the products does not comply with the contract, you must inform us by following the procedure detailed in section 16.5 above and through any of the means of communication provided for this purpose. The products we sell, especially handicrafts, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in sales, texture, knots and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
18. LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
(i) loss of income or sales:
(ii) loss of business;
(i) (iii) loss of profits or loss of contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this web page 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 web page unless it is established expressly otherwise in it.
19. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and accept that all the contents shown in the Web Space and especially, copyrights, designs, texts, images, logos, icons, buttons, software, trade names, registered trademarks, or any other signs susceptible of industrial use and / or Commercial are subject to Intellectual Property rights. Therefore, all industrial and intellectual property rights, over the contents and / or any other elements inserted in the page, are the exclusive property of the company and / or third parties, who have the exclusive right to use them in economic traffic.
Therefore, you agree not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify said content, keeping the company harmless from any claim arising from breach of such obligations. In no case does access to the Web Space imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. These General Conditions of Use of the Web Space do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Space and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as rights of author by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Web Space, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Web Space or, in any case, it has the corresponding authorization for the use of said elements. The content provided in the Web Space may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or medium, unless prior authorization is obtained, in writing, from the aforementioned Entity. .
Likewise, it is forbidden to suppress, evade and / or manipulate “copyright” as well as technical protection devices, or any information mechanisms that the contents may contain. The User of this Web Space undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the company the exercise of whatever means or legal actions correspond to it in defense of its legitimate intellectual and industrial property rights.
You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to gain unauthorized access to this website, to the server where said page is hosted or to 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 infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
21. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
22. WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law
The notifications that you send us must be sent by phone +34 624 406 424 or through WhatsApp. In accordance with the provisions of clause 22 above and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same moment in which they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
25. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control (“Force Majeure”). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
a) Strikes, lockouts or other protest measures.
b) Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
d) Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
e) Impossibility of using public or private telecommunications systems.
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations. No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing.
27. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
28. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned. in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
29. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the modifications made, we recommend that you do not use our website.
30. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
31. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling +34 624 406 424 or through our contact channels. Likewise, you can send your complaints and claims through our contact channels or by email firstname.lastname@example.org, which will be attended to by our customer service in the shortest possible time and, in any case, within the term legally established. Likewise, they will be registered with an identifying code that we will make known to you and will allow you to track them. If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address email@example.com in order to request an out-of-court dispute resolution. In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. on consumer affairs accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Please note that the email firstname.lastname@example.org is enabled in order to allow easy and direct access to the identifying data of UNDERMONKEYS SL. as a marketing company of the goods, as well as with the purpose that you can file the complaints or claims that you deem appropriate. To send comments, suggestions, queries or any other question other than the above, you can access our usual contact channels, that is: the telephone number +34 624 406 424, the website or WhatsApp. For more information, please consult the “Contact” section of the website.
Last updated: 05/08/2021