YM UNIT, S.L. with Spanish Tax Identification Number (“CIF”) B10716843 and corporate address at Calvet, nº 47, ground floor, door 2nd of Barcelona (08021) and registered in the Commercial Register of Barcelona on May 24th of 2022, in volume 46505, sheet 217, Page B- 522234 (hereinafter «SUKNJA») provides its Customers with a platform that allows its customers to buy products from professional sellers (the “Marketplace”).
The Marketplace is hosted at the SUKNJA’s physical shop located at Calvet Street, 47, Barcelona (08021).
1.- TERMS AND CONDITIONS APPLICATION
The aim of these Purchase Conditions (henceforth, the “Purchase Conditions”) is to define the conditions of use of the Marketplace intermediation service and sale, which allows the Customer to purchase Products from Sellers, both through the web platform and physically in the SUKNJA shop.
The Purchase Conditions shall apply exclusively between SUKNJA and the Customer purchasing on the Website or physically.
Any purchase of a product by the Customer shall automatically entail the application of the Purchase Conditions.
2.- SUKNJA'S CONDITIONS
By purchasing whether on the Website or in the physical shop, the Customer purchases directly to SUKNJA.
SUKNJA does not act on behalf of the Sellers nor the Customers and, consequently, assumes no liability about the obligations incumbent on them or the actions that may be taken by them.
3.- WEB ACCESS AND PURCHASE OF PRODUCTS
Through the Website, Users are offered the possibility to purchase products. At the same time, this purchase can also take place in the physical shop.
Within the Marketplace, the Sellers have a Shop in which their Products are described and illustrated directly by them. SUKNJA may also sell Products directly.
For each Product offered for sale by the Vendor, the Client may be informed of its essential characteristics in a description sheet, its price, delivery time, return conditions and the identity of the Seller. In case that Vendor would be SUKNJA, the Client would be informed by the same information.
Before purchasing the Product, the Customer must carefully read, consult and review the description, information and characteristics of the Product, the applicable conditions of sale, delivery and return and consent to them in order to purchase the Product.
If an invoice is needed it shall be requested to customer service.
By visiting the physical shop, any customer can make a purchase and can obtain a receipt for that acquisition.
SUKNJA reserves the right to remove Products from the Marketplace and the physical shop, given the case that, by application of the law or the terms and conditions of third parties, including but not limited to banks, the Products were not suitable for sale or there were restrictions or limitations, applicable to SUKNJA or in general, to the sale of such Products.
The terms and conditions of each Vendor shall only bind the Customer and the Vendor (under no circumstances shall they apply to SUKNJA). If any contradiction occurs, these Purchase Conditions shall prevail.
These conditions will apply when the Purchase is formalized with SUKNJA.
4.- PRODUCTS PAYMENTS
The purchase of Products from the Sellers is payable, both in the physical shop and on the website.
On the website the purchase can be made in currencies; EUR.
Only payments in EUR shall be accepted in the physical shop.
If you pay by debit card or PayPal, SUKNJA will make the payment when your order is made through the website. If you pay in the shop, you can only pay by cash or card and the product will be delivered at that time.
There is also the possibility to acquire a pre order or a product itself which is available on the web in the shop. The purchase conditions that will be applied are the ones that can be found on the web.
Payments by VISA, MASTERCARD, and PAYPAL are permitted.
For your security, security checks are carried out on all payments realised at the time of purchase.
The selling price is shown in Euros. VAT is included to those purchases made in the UE. If the purchase is made from a non-European country, VAT will not be included; other taxes such as duties will be held by the purchaser.
The price of the Products may be changed at any time. Notwithstanding the foregoing, the Products will be charged to the Customer at the price announced at the time the Customer executes the purchase.
SUKNJA shall not be held liable if, due to an unintentional error, a Product is published with a retail price manifestly lower than that offered on the market at the time of sale, in such a way that the existence of this error is evident. SUKNJA shall also not be liable in the case of sales whose final price is manifestly erroneous due to technical errors.
The sale price does not include the shipping costs of the Products either import duties.
5.- PROCESSING OF ORDERS ON THE WEBSITE
To place an order on the Website the Customer must:
Add the chosen Products to the shopping bag.
Select the chosen delivery method and delivery address.
Expressly accept these General Terms and Conditions.
Select the payment method from the offered ones and pay for the order.
Once the order has been placed, SUKNJA shall immediately confirm the registration of the order and its transmission to the Seller by sending an e-mail to the Customer, in its condition of technical supplier.
After placing an order, you will receive an email from us containing all the details of your order. This email can be used as a receipt in case you need to make any claim.
You will receive an email with the tracking information once your order has been shipped. Please note that the brand will aim to dispatch it within 4-5 business days.
Delivery normally takes 4-5 business days from dispatch, depending on your location. Our Customer Service team will be sure to keep you posted with any updates.
If you order from multiple designers, please bear in mind that your items will arrive separately. Our aim is to ensure your order is delivered within the specified time, however, we can not take responsibility for any delays due to customs clearance.
In the event of partial or total unavailability of the Products of the order, the Customer will receive, as appropriate:
An email of partial confirmation of their order or,
An e-mail of cancellation of the order.
An e-mail offering similar products that the client may be interested in.
If the Seller is unable to fulfil totally or partially the order, the Seller shall cancel the order, in whole or in part, as appropriate, and shall not charge (or shall make a partial charge, as appropriate) to the Customer.
Once the order has been placed, the Customer won’t have the possibility to cancel or modify it.
The Seller is the only responsible for guaranteeing the availability of the offered Products. In case the purchase has to be cancelled and/or the Products cannot be delivered to the Customer, the Seller shall be solely liable to the Customer, although SUKNJA will try, as far as possible, to find a solution acceptable to the parties and will secure any rights that the Customer may have by law.
In the event that there is no product in stock due to lack of updating of the same, SUKNJA will inform the Customer, who may decide if he wants to cancel the purchase or go ahead with it, accepting the delay in delivery.
SUKNJA reserves the right to cancel any order (even if it has been previously accepted), and shall not be liable for any damages and/or costs, in the following cases:
When there has been an unintentional error on the online shop; for example, a payment or stock error;
When there is reason to believe that the Customer is under legal age or that the credit card used does not comply with the requirements described in these Purchase Conditions.
When the payment information provided by the Customer is incorrect or unverifiable.
If any of these cases are identified, SUKNJA will duly notify you by e-mail, so that the problem can be solved before any action is taken.
6.- PRODUCTS DELIVERY
Each Seller has its own delivery times. If you place an order with multiple brands, the items will be shipped separately. It is possible that one of the items may arrive earlier than others. In such cases, a single shipment will be paid.
The acquired products will be shipped to the address given by the Customer at the time of the order placement.
7.- SHIPPING COST AND DELIVERY TIME
Shipping costs will vary depending on the shipping destination of the order. Please find below the flat shipping rates shown by geographic area:
EU countries €5-36
The United States €30
SUKNJA commits to deliver the Product in perfect condition to the address indicated by the Customer which, in any case, must be within the aforementioned Territories. To optimise the delivery process, the address indicated by the Customer must be an address to which delivery can be made during habitual working hours.
SUKNJA orders are delivered from Monday to Friday and exceptionally on Saturdays. You can always track your order with the tracking information sent by our customer service team.
Delivery times: standard delivery service for all countries is 4 to 5 working days.
Please note that our shipping times should be used as a guide and are calculated from the time of shipment. SUKNJA always aims to minimise delays, but we cannot be held responsible for delays in customs clearance. If you have any questions, please complete this form.
The Costumer will find the information about the expected delivery on the product sheet and may vary depending on the brand and/or collection.
Our orders are mainly delivered by GLS.
Shipping costs are determined in lump sums based on the delivery method selected by the Customer at the time of placing the order.
Shipping costs shall be deemed to be accepted by the Customer at the time of purchase.
SUKNJA shall not be liable in the event of delay in the delivery carried by a Seller.
In the event of late delivery by the Seller and according to the provisions of Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users, SUKNJA will contact the Seller of the Products and will manage the customer's claim.
The risk of the Products (including, but not limited to, loss, damage or theft) shall pass to the Customer as soon as the Products have been made available to the Customer at the place of delivery.
8.- DUTIES AND TAXES
Customs Duties: will depend on the product, price and country of shipment (applicable to all countries if there is not free circulation of goods).
VAT (taxes): will always be included in the final Price.
VAT is included to those purchases made in the UE. If the purchase is made from a non-European country, VAT will not be included; other taxes such as duties will be held by the purchaser.
International orders will be shipped DDU (Delivery Duty Unpaid) and might incur custom duties upon delivery. This charge is normally determined by your local customs authority and this expense will be covered by you. These payments must be made in order for your order to be released from customs. Please consult your local customs office for more information.
If you are ordering from within your own customs zone or country, import duties will not be applicable.
Please note, duty is applied as a flat-rate percentage of the total item value for all products. If you think that you have been overcharged for duty please contact our Customer Service team here form and we will be happy to investigate the situation and refund any difference if appropriate.
9.- PRE-ORDER ITEMS – SHIPPING INFORMATION
The item will be sent during the time indicated on the description of the product.
10.- RIGHT OF WITHDRAWAL AND RETURN COSTS
We allow you to cancel or modify an item before your order has been dispatched.
To that end, Customer Service must be contacted requesting here the cancellation of the order and the full price will be refunded.
For in-season items, we allow you to cancel or modify your order before your order has been shipped. Please contact our Customer Service team requesting the cancellation or modification of your order here and we either refund you the full price or proceed accordingly with the order modification.
For pre-order items, you may cancel or modify your order within 24h of placing it. Any delays, production changes, or cancellations will be communicated to the customer as soon as it is confirmed by the designer.
To modify the personal shipping address, phone number, recipient name, etc. you can contact our Customer Service team here and complete the form.
Given the situation that the order has already been shipped, no cancellation or modifications can be made, however, SUKNJA offers a Free Return service only in the EU.
SUKNJA will manage the returns with each seller. The Seller must comply with the provisions of Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users. Therefore, the Client may exercise their right of withdrawal during a period of fourteen (14) calendar days from the reception of the Product or from the conclusion of the contract if the object of the contract is a provision of services.
The right of withdrawal cannot be exercised in the physical shop without the original purchase receipt.
Likewise, products purchased on the website cannot be returned to the physical shop, nor can products purchased in the physical shop be returned through the website. However, if the purchase is made in the UE the returns can be made either on the web and the physical shop.
According to Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users, the right of withdrawal cannot be exercised for certain purchases, such as products that come sealed and are not suitable for return for health protection reasons and that have already been unsealed.
The Vendor is solely responsible for ensuring the correct exercise of the Customer's right of withdrawal, although SUKNJA will try, as far as possible, to find a solution acceptable for both of the parties and will ensure any rights that the Customer may have by legal provision.
This withdrawal right shall be exercised through SUKNJA with the Seller, in accordance with these General Conditions.
The refund, if applicable, of the price of the Products shall be made by SUKNJA. The shipping costs of the order shall not be refunded.
Once the Product has been received and authorised the refund, the refund will be made in the same payment method used with the initial purchase, within three (3) to seven (7) working days.
Both SUKNJA and the Seller will check the suitability of the returned Product in their warehouse, reserving the right not to make the refund in the event of detecting that the Product purchased and the one returned do not match or that the return has not been made in accordance with these General Conditions.
Notwithstanding the provisions of the previous paragraph, those Products that do not comply with the quality standards or contain defects or anomalies that may affect their correct use by the Customer may be returned to the Seller, who will assume the responsibility for them under the legislation applicable to consumers.
11.- PRODUCTS WARRANTY
The Seller is responsible for delivering the Products in accordance with the contract of sale and must offer to the Customers the legal guarantee on the Products under the terms established by the Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users, together with the guarantee for hidden defects provided by the Civil Code.
This right relating to legal guarantees shall be exercised exclusively against the Seller. The Customer may contact SUKNJA who will pass on the exercise of the guarantee claim to the Seller.
Furthermore, in accordance with Royal Legislative Decree 1/2007 of 16th November, approving the revised text of the General Law for the Defence of Consumers and Users, some Products may give rise to a commercial guarantee that must be granted by the Seller.
In addition, SUKNJA invites Customers to consult the Seller's guarantee instructions which are generally provided with the Products and the exact terms of the commercial warranties. In all cases, SUKNJA cannot be held liable if the manufacturer refuses to apply its warranty.
In the situation of a problem with a Product, the Customer must keep the purchase receipt and contact with SUKNJA.
We must recall that the commercial guarantee does not deprive the Customer of the provisions relating to legal warranties as indicated in the previous clause.
The guarantee does not cover defects caused by negligence, knocks, improper use or handling, unsuitable voltage, electrical accidents, installation and/or use non-compliant with the instructions of use or not carried out by the authorised technical service when applicable, or perishable materials or Products, subject to wear and tear due to normal use or because they are consumable.
Products modified by the Customer are excluded from the warranty.
The Customer shall not be entitled to exercise the warranty:
If the proof of purchase of the Product is lacking. In order to make use of the guarantee, it is essential to keep the proof of purchase of the Products.
If the identification number is manipulated or repaired, as well as the guaranteed Product without the knowledge and authorisation of the technical service or the company issuing the guarantee.
If any of the details of the Product warranty or the proof of purchase of the Products are modified, altered, or replaced.
If the manufacturer grants commercial warranties in addition to the legal warranty, the preservation of the corresponding warranty certificate shall be required for its exercise.
In the event of a non-conforming Product, SUKNJA cannot guarantee that it will be able to replace that Product, as its business model does not provide for the long-term availability of stock. However, if the requirements of the consumer law in force are met, SUKNJA will refund the Customer, partially or totally, the price of the non-conforming Product, according to the conditions of the Product and as agreed with the Customer.
SUKNJA recalls that the conclusion of the contract of sale of the Products, the delivery of the Products, as well as any doubt and/or claim shall be governed exclusively by these Purchase Conditions.
SUKNJA does not provide express or implied warranties, including, without limitation, warranties relating to the quality and compatibility of the Services for a specific use, and the non-violation of the rules of use of the Services by its Customers.
In any case, SUKNJA may not be held liable in case of use of the Service by a Customer who does not comply with these conditions.
14.- CUSTOMER SERVICE
The Seller will have a Customer Service department through which it will respond to all requests and queries from Customers who have purchased or contracted Products through the Marketplace platform or in the physical shop. The Seller's Customer Service will be responsible for managing incidents and complaints from Customers.
15.- MODIFICATION OF THE TERMS AND CODITIONS
16.- NULLITY OF CLAUSES
Given the situation that any clause of these Purchase Conditions is declared null and void, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of those Conditions.
17.- APPLICABLE LAW AND JURISDICTION
These Purchase Conditions are governed by Spanish law.
If any dispute or disagreement arises between the Customer and SUKNJA from these General Terms and Conditions, the parties agree to submit, at their discretion, and waiving any other jurisdiction to which they may be entitled, to the courts and tribunals of the city corresponding to the domicile of the consumer. In the case of a non-consumer Client, the Parties agree to submit to the courts and tribunals of Barcelona.
from these Purchase Conditions and for the resolution of any disputes, SUKNJA and the Customer or consumer User agree to submit, at their free choice, and waiving any other jurisdiction or venue to which they may be entitled, to the courts and tribunals of the city corresponding to the address of the Customer or consumer User. In the case of a non-consumer Client, the Parties agree to submit to the courts and tribunals of Barcelona.