TERMS AND CONDITIONS
- Purchase conditions
- Conditions of use and access
- General contracting clauses
- Conditions of the purchase or acquisition process
- Payment and cancellation conditions for defaults
- Purchase and booking process
- Cancellation conditions, in certain casesprocedure and withdrawal
- Applicable legislation and jurisdiction. Claims
- Closing of General Conditions
TERMS AND CONDITIONS
This document (as well as any other document mentioned or referenced here) regulates the conditions governing using, accessing and browsing the website www.ynsitu.com, property of Language Republic S.L. (here in after Ynsitu) and purchasing, acquiring or consulting products and / or services made through it. Every time you use www.ynsitu.com or send us an email, a text message (SMS) or any other communication from your computer or mobile device, you will be communicating electronically with us.
We will contact you electronically by different means, such as email, text messages (SMS), notifications within applications, or by posting messages or email communications on the website or through any other Ynsitu service, such as our Customer Service. For the purposes of this contract, you accept all contracts, notices and other notifications and communications that we send you by electronic means and that replace and satisfy any requirement in writing, unless any applicable legislation requires a different form of communication.
Any individual or legal entity who purchases products or services on the web www.ynsitu.com property of Ynsitu, hereinafter referred to globally as customers, accepts these general purchase and refund conditions established in the purchasing and contracting process.
CONDITIONS OF USE AND ACCESS
The entire content hosted or made available through any service of www.ynsitu.com is the exclusive property of Ynsitu, and it is protected by the laws of Spain and international laws on intellectual property rights, copyright and databases rights
Systematic extraction or reuse of any part of the content of any Ynsitu Services is not permitted without our express written consent.
The reproduction, duplication, copying, sale, resale or exploitation of any type of Ynsitu’s Services or of any part of them for commercial purposes, without our prior written consent is totally prohibited.
GENERAL CONTRACTING CLAUSES
Conditions and scope of liability. All Customers of any product or service contracted through www.ynsitu.com or any other Ynsitu portal accept and are informed that the responsibility of Ynsitu affects only and exclusively that derived from:
- Data and information processing
- Processing of received payments
- Processing of refunds in those cases where they have been acknowledged and the customer has the power to receive them
- Intermediation between the contracting customer and the suppliers until the payment is completed and the contracted products and services are accepted.
- Monitoring compliance with payments in those cases in which financing has not been contracted
- Cancellation of the program and the contracted services, in those cases in which the customer has not complied with the stipulated payments and within the agreed terms during the purchase process for the contracting or provision of any product or service through ynsitu.com. Advice and information, for all those customers who have doubts regarding the products or services offered through Ynsitu, regarding contracting and payment.
- Intermediation between service providers and specific programs and customers who want to acquire them, through the www.ynsitu.com platform, as well as other offers or promotions that the providers want to advertise and reach potential customers
Ynsitu allows external vendors to offer and sell their products on www.ynsitu.com. The page detailing these products will contain the corresponding information if they are offered by external vendors. Although Ynsitu facilitates transactions through www.ynsitu.com as a Marketplace platform, it is neither the buyer nor the seller of the products offered by external sellers.
Ynsitu simply provides a space where buyers and sellers can operate and transact. Therefore, the corresponding contract generated once the purchase of any product sold by an external seller has been made, concerns solely and exclusively the buyer and seller of said product. Ynsitu forms no part of that contract, assumes no responsibility related to it, nor acts as a representative of the vendor. The seller is responsible for the sale of their products, as well as offering assistance as regards any buyer’s claims, or regarding any matter related to said contract between the buyer and seller.
We are not responsible for examining or rating, nor in any way guaranteeing, the offers that third-party sellers publish on www.ynsitu.com. However, Ynsitu in the event of incorrect or untrue information, will request the person responsible for it to rectify it and, in case of repetition, reserves the right to prevent this third party from continuing to offer its products or services on www.ynsitu.com.
Ynsitu will not be responsible for (i) any losses that were not attributable to any default on their part, (ii) business losses (including loss of earnings, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the customer had started using the Services of www.ynsitu.com. Neither will we be responsible for any delay or non-compliance with our obligations derived from these conditions if such delay or non-compliance is attributable to circumstances beyond our reasonable control. This provision does not affect the right of the customer to receive the product or the provision of the corresponding service within the agreed term or to receive the appropriate refund, in the event that it is not possible to supply such products or services within a reasonable time for any reason beyond our control of service intermediation.
The liability in the provision of goods and services is exclusive to the suppliers, who must comply with the details of the existing contract between them and their customers and all the information derived from the provision of products and services related to the purchase process and the service contracted by the customer or buyer.
In the case of a breach of purchase details regarding the goods or services by the suppliers, the latter will be responsible for reimbursing the total amounts to any customer who has contracted their services and any legal dispute must be carried out between the customers and the suppliers of the services and products offered.
For the purposes of these Conditions, it will be understood that the delivery has taken place of the products or services contracted at the moment in which the Customer receives written confirmation of it by the electronic means previously stated.
Ynsitu will not be responsible to the customers in any case for any breach or delay in the fulfilment of any of the obligations assumed by the providers of services or products. However, Ynsitu undertakes through reasonable means to try and mediate between suppliers and customers to find the best possible solution to each case.
In the event that service or product providers cannot fulfil their obligations due to force majeure, they must inform both the customer and Ynsitu.
CONDITIONS OF THE PURCHASE OR ACQUISITION PROCESS
Duly registered Customers may purchase, contract and reserve on the Website through the established means and forms. Ynsitu’s online purchase and / or acquisition procedure must be adhered to, during which several products and / or services can be selected and added to the customer’s personal area, or final purchase space and, finally, the booking is completed by clicking finalize your purchase and the pay button or the accept button to complete your booking. Likewise, the Customer must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified
The customer will then receive an email confirming that Ynsitu has received your purchase request. You will also be informed by email when your reservation is being managed. Where appropriate, this information may also be made available to the customer through their customer area.
Once the purchase procedure has concluded, the Customer expressly consents that Ynsitu provides their personal data to the selected suppliers so that they can generate an invoice that will be sent electronically.
Unless expressly stated otherwise, Ynsitu is not the supplier of the products and services sold or that could be marketed at www.ynsitu.com
Booking confirmation for products or services through www.ynsitu.com will come into effect once the customer receives confirmation of it and when the total amount of the invoice is paid, all the contracted goods and services will have been delivered and will be valid.
The taxes applicable to each product or service offered by the different suppliers and included in the price will be those that apply in the country where the service is provided or the contracted product is delivered.
PAYMENT AND CANCELLATION CONDITIONS FOR DEFAULTS
All customers of any product or service contracted through www.ynsitu.com are bound to make the payment in full for the contracted services or products, without any possibility of delay or extension, at the latest one month before the scheduled start date of the contracted services. In the case of products or services purchased less than one month in advance of the expected starting date of the service, the customer will pay the total at the time of booking.
Customers acquiring any product or service offered through www.ynsitu.com accept and are informed that failure to comply with any of the payments, within the deadlines and expiry dates established in the purchase and contracting process, will lead to the automatic cancellation and to the termination of the contract and of any relationship established between the parties, notwithstanding, costs may be passedon to the customer of all the damages and expenses incurred while the contract remained in force and all the derivatives of the cancellation due to non-payment.
When using www.ynsitu.com or when making and / or requesting the acquisition of a product and / or service through this website, the customer agrees to be bound by these Conditions and by all the aforementioned, so, if you do not agree with all of this, you should not use this Website.
Likewise, you are informed that these Conditions may be modified. The Customer is responsible for consulting them each time they access, browse and / or use www.ynsitu.com since those in force at the time of purchase of products and / or services requested will be applicable.
For any questions the customer may have in relation to the Conditions you can contact the owner using the contact information provided above or, where appropriate, using the contact form.
All purchase orders received by or through the www.ynsitu.com are subject to product availability and / or services offered by their providers.
The prices displayed on www.ynsitu.com are the final prices and include taxes, unless expressly stated otherwise.
In no case will Ynsitu add additional supplements to the price of a product or service automatically, only those that the Customer has selected and chosen voluntarily and freely.
The prices of the products or services offered atwww.ynsitu.com may change daily due to fluctuations in exchange rates when displayed in a currency other than the provider’s own.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Ynsitu will not be responsible for any delay or lack of delivery and may not formalize a contract with the Customer.
Purchase or acquisition orders in which the Customer selects a bank transfer as the means of payment will be processed as long as the amount thereof has been transferred within a maximum period of 4 business days. The Customer must ensure that they enter the exact amount correctly on the purchase order, as well as the account number and transfer reference.
In the event of error, or default in payments, Ynsitu will not be able to validate the order, which will be cancelled, due to a lack of proof of payment.
PURCHASE AND BOOKING PROCESS
To use or contract some of the Services and products offered atYnsitu, you may need to be registered with an account at www.ynsitu.com and have a valid payment methodassociated to that account.
When you use the Ynsitu Services you are responsible for maintaining the confidentiality of your account data and password, as well as restricting access to your computer and devices. To the extent permitted by the applicable law, you accept and are obliged to take responsibility for all the activities carried out from your account or using your password.
You must take all the necessary measures in order to ensure and safeguard the confidentiality of your password, and you must inform us immediately. If you have reason to believe that your password has been disclosed to a third party, or if it has been used in an unauthorized manner or is likely to be. It is your responsibility to check that the information you provide us is correct and complete, and you are also obliged to inform us immediately when any variation in the information you have provided occurs. You can access your information and update it through the My Account section of the website.
We reserve the right to deny access to the service, to cancel any accounts and to delete or modify any content in the event that the customer breaches the applicable legislation, these Contract Conditions or any other applicable terms and conditions or policies.
All customers contracting services or products, through www.ynsitu.com accept that rejecting any payments carried out must comply with the cancellation conditions. If these are fully met, Ynsitu undertakes to reimburse the total amount of the contracted services within a maximum period of 15 days.
All customers who have contracted the cancellation insurance (according to the conditions agreed therein) through www.ynsitu.com, may receive reimbursement of services and products, if they comply with and meet the conditions required in the policy and under its contracting, acceptance and cancellation conditions.
Customers may purchase products or services at www.ynsitu.com using partial payments, generally 20%, having to pay the remaining amount in the interval prior to the 30 days prior to the start of the service or product delivery.
At 30 days or less until the scheduled date for the provision of the service or delivery of the contracted products, customers will be requested and required to pay the full amount thereof.
If the customer observes or notices any deficiency in the products or services contracted or offered through www.ynsitu.com, they must inform Ynsitu.
CANCELLATION CONDITIONS, IN CERTAIN CASES PROCEDURE AND WITHDRAWAL
All customers obtaining products and services through www.ynsitu.com will have the right to cancel their reservation free of charge and recover the amounts paid except those which are non-refundable, provided that such withdrawal is communicated in writing at least 31 days in advance of the expected date of provision of services or delivery of products. At the date of writing these general conditions, the only non-refundable services in the event of withdrawal by the customer are travel cancellation insurance and flight arrangement fees.
Any customers that have not been admitted by the final service suppliers or providers or that their place has been denied due to lack of availability, will have the right to cancel the contracted services and products and receive 100% of the amounts paid.
In the event that a supplier of products or services offers more favourable cancellation conditions for the customer than those described herein, the most advantageous ones will be applied.
In the event that the customer wishes to cancel their purchase of products or services, they should notify Ynsitu from the customer’s personal area and to the email [email protected] The Customer acknowledges that they are aware of the existence of exceptions to the right of withdrawal, as included in article. 103 Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Customers and other complementary laws.
In this same sense, as regards the provision of a service that could be contracted by a Customer on this Website, the Law establishes that the right of withdrawal will not apply to customers when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and customer and with the recognition on their part of being aware that, once the contract has been fully executed by Ynsitu, the right of withdrawal will have been lost.
The right of withdrawal does not apply to Products or services that cannot be returned due to their specifications or that have been clearly personalized and offered exclusively based on those characteristics.
APPLICABLE LEGISLATION AND JURISDICTION. CLAIMS
Access, browsing and / or use of this Website and product purchase contracts through Ynsitu are governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, browsing and / or use of the Website, or with the interpretation and execution of these Conditions, will be submitted to the exclusive jurisdiction of the Spanish courts and tribunals, with express resignation of jurisdiction, irrespective of the origin of the customer.
The Customer can send Ynsitu their complaints, claims or any other comment they wish to make through the means established for it.
CLOSING OF GENERAL CONDITIONS
If any of these Conditions were declared invalid and without effect by firm resolution issued by the competent authority or court, the rest of the clauses will remain in force, without being affected by said declaration of invalidity.
The relationship that Ynsitu has with service and product providers is established by different terms and conditions that make up the commercial relationship (B2B) with each one of them.