Terms & Conditions
The delivery of any of the products offered by YÉKRAK (hereinafter the “Products”) over the Website www.yekrak.com requires the previous purchasing of these Products in accordance with the requisites set forth in these General Terms and Conditions that shall expressly regulate the conducting of relations between DIGITAL MEG. and those third parties (hereinafter the “Customer”) that purchase the products offered through the Shop.
DIGITAL MEG. hereby informs you that the procedure to purchase goods is that which is described in these General Terms and Conditions, along with any other specific process indicated on screen when browsing. Accordingly, the Customer declares to have knowledge of and to accept the aforementioned procedure as necessary to access the products and services offered over the portal.
1. PORTAL OWNERSHIP
DIGITAL MEG (hereinafter “YÉKRAK”), the registered of which is at: 149 Avenue du Maine, 75014 Paris (FRANCE), is the owner of the portal www.yekrak.com (hereinafter “yekrak.com” or “Website”) and makes it available to internet customers to provide them with information on YÉKRAK products and promotions as well as enabling the purchase of the products over the website.
2. PURPOSE AND SCOPE OF APPLICATION
These are the terms and conditions that regulate the purchasing of products on-line through yekrak.com and the responsibilities arising thereof.
3. FORMALITIES INVOLDED IN THE PRODUCT PURCHASE PRODECURE
Before purchasing any of the products on sale over yekrak.com, the Customer must carefully read these Terms and Conditions.
The products on sale in the shop, in addition to their characteristics and price, will come up on screen. Moreover, Customers will be informed of the shipping price to their homes, where appropriate. Shipping costs will come up on screen when making the purchase.
Customers must select the Products they want to purchase and add them to their shopping cart to purchase them at the shop. To this end, before closing the purchase customers must check the characteristics of the product indicated in the website after the personalisation that the customer has chosen, its price, the applicable taxes and the corresponding shipping costs, to assess whether or not it meets customer needs.
Customers wishing to purchase products through the shop must be over 18. If not, they will need express authorisation to make the purchase from the holder of the bank account to be used in the purchase transaction. When making the purchase, Customers declare and assure they are in possession of, and can demonstrate, the requisite authorisation if so required.
The Customer will receive the Purchase Terms and Conditions on screen and must accept them to continue with the purchasing procedure. Acceptance by the Customer of these terms and conditions does not imply automatic acceptance by YÉKRAK of the order, rather it shall be understood as accepted when YÉKRAK sends an e-mail acknowledging receipt of the request or order at the Customer’s e-mail address given in the registration form.
Payment of the price of the products purchased and the corresponding shipping costs must be made by credit or debit card, bank transfer or PayPal, or in accordance with any other means of payment that may be enabled at the on-line shop at any given time.
A screen will come up with the amount and the purchase reference to proceed with payment and the Customer will be asked to provide the information requested on screen, which will always include the following: a) Card number; b) Expiry date; c) CVV (three-digit security code that is printed at the back of the card).
To ensure Customer security, YÉKRAK hereby informs Customers that it has contracted the Paypal and Stripe (secure on-line payment platform) POS service as its e-payment system.
4. RETURN AND REFUND POLICY
The YÉKRAK products have a guarantee of twenty-four (24) months from the reception of the product by the Client. The guarantee covers only manufacturing defects (printing or binding errors, missing pages of the book, etc.) that occur during the period of validity of the guarantee.
In the case that the Client detects any of these manufacturing defects, the Client can contact YÉKRAK, indicating the defects of the product and sending us graphic documents where the defects can be appreciated. Once the defects have been evaluated by YÉKRAK, and whenever they are manufacturing defects, YÉKRAK will communicate to the Client the way to proceed in order to solve the problems. Said solution shall consist of the sending by YÉKRAK of a new product to the Client. The shipping costs that would be incurred to return a defective product to the Client within the guarantee will be paid by YÉKRAK.
5. ORDER CANCELLATION
In the case that the product suffers any type of deterioration not caused by a manufacturing defect (such as damage due to blows or the action of climate or nature on the book – water, heat/fire/sun, …-, breakage due to inappropriate use of the product by the Client, breakage due to use of the book as deterioration of the binding, etc.), the replacement of the Product will not be covered by the guarantee, and YÉKRAK will not be responsible for the state of the Product.
The Client will not have the right of withdrawal with respect to the Products (that is to say, he will not be able to return them without alleging any cause within 14 days of receiving them), since these goods are clearly personalized and made according to the Client’s specifications (personalization of the story according to the Client’s indications in the story configuration tool).
5. DELIVERY AND ACCEPTANCE
The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be 1st class postage.
If you have ordered more than one Product, We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.
We will endeavour to process your Order and manufacture your Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.
When you receive the Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition. If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights. You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to 2 times and then the delivery will be returned back to Us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee.
If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price
5. YÉKRAK OBLIGATIONS
YÉKRAK undertakes to meet the following obligations:
• To provide Customers with the requisite information at yekrak.com on the products available for purchase.
• To send Customers a receipt acknowledging the receipt by YÉKRAK of the request or order made to the address the particular Customer indicates in the contract form.
• After making the purchase, YÉKRAK undertakes to deliver the goods acquired by Customers, as soon as possible and always within legal limits, at the address they indicated in the order form, or at the designed pick-up point if out at the time of delivery. If the product is definitively returned on account of continued Customer absence or failure of the Customer to pick up the product, the latter shall be returned to YÉKRAK. Should the Customer subsequently wish for it to be re-shipped, the Customer will have to pay shipping costs again.
• All deliveries are subject to stock availability and confirmation of the payment transaction.
• All our products are packaged securely and properly to avoid deterioration during shipping. Nevertheless, if they become deteriorated or get damaged during shipping, YÉKRAK shall be liable for replacing the product at no further charge for the Customer.
• To refund the cost to Customers for goods with production defects (once duly confirmed by YÉKRAK that the defect in question is duly caused by an ex-works defect and not due to Customer misuse). When Customers exercise their right under the guarantee, YÉKRAK shall pay for any shipping costs involved in the process.
• To act with reasonable care and professionalism with respect to the services and goods it offers.
Customers shall be liable for:
• All those acts that contravene that which is set forth in these general terms and conditions, the law, public morals, generally accepted good practices and public order.
• Any act that is conducted differently to the manner indicated by YÉKRAK in its instructions on how to use the Website and purchase the products thereon.
• The truth, accuracy and current validity of the data provided in the forms YÉKRAK makes available for completion on the Website.
• Any direct or special and consequential damages caused the Customer by any third party if the Customer loses, discloses, mislays, or in any way makes a third party privy to the Customer personal data required to purchase the product.
YÉKRAK shall not be liable for:
• Damages caused by the improper conservation or misuse of the product that may be caused by the Customer or a third party for reasons for which YÉKRAK is not accountable.
• Whatever the case, any liability that the Customer may claim of the YÉKRAK shall be restricted to the price of the product purchased by the Customer.
7. GUARANTEE EXCLUSION AND LIABILITY
• YÉKRAK reserves the right to delete any content that might harm its image, cause it commercial damage and might commit outrage against the dignity of the members of the community or other affected persons.
• YÉKRAK accepts no liability for damages of any kind that may be caused by any lack of availability and/or technical continuity of Website functioning. Whatever the case, YÉKRAK shall take all the actions required to restore its services in the event of technical problems.
• YÉKRAK shall put all the means at its disposal to protect the data housed on its servers. If any natural or legal person accesses these data lawfully or unlawfully and makes undue use of this information, that which is provided for in current legislation shall apply.
• YÉKRAK shall not be liable for any damages that may arise from the content, information, publicity, opinions, ideas and images provided by Customers or third parties that contravene the law, public morals, good faith and public order, or the infringe on industrial or intellectual property rights or contain flaws, defects or computer viruses or similar software routine.
• Whatever the case, YÉKRAK accepts no liability for content and information unrelated to the website that YÉKRAK does not manage. YÉKRAK is not aware of any content housed on the website that contravenes the law, public morals, good faith or public order or that infringes on industrial or intellectual property rights or contains flaws, defects or computer viruses or similar software routine.
• YÉKRAK accepts no liability for damages that may be caused by the knowledge unauthorised third parties have of users’ personal data, or for the use made of the Website by means of these data.
• YÉKRAK can sell advertising space (banners, sponsorships, collaborations, etc.) on the Website. If the companies advertising on the Website collect the personal data of users (by means of a link or through a specific registration process for this purpose), the said companies shall be liable for observing data protection regulations.
• YÉKRAK accepts no liability for any failure to make good discounts and promotions advertised by companies, brands, institutions and other entities whether profit or non-profit making that may decide to advertise on the Website. Those companies and entities shall be responsible for making good the aforementioned promotions and discounts. Moreover, YÉKRAK accepts no liability for any damages arising for Customers from the failure to make good on these promotions and discounts.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
All product and website content shown, and particularly, designs, drawings, texts, graphics, logos, icons, buttons, software, commercial names, trademarks and any other signs that may be covered by intellectual or industrial rights are subject to the intellectual and industrial property held by YÉKRAK, or third parties with whom it has reached an agreement with respect to products and website use.
Under no circumstances must Customer access, browsing or use of the Website be understood as involving a relinquishment, transfer, licence or total or partial granting of the aforementioned rights by YÉKRAK. The Customer has the right to use website content and/or services in a strictly domestic setting.
All references to commercial or registered names and trademarks, or other distinctive signs, whether owned by YÉKRAK or by third companies, in which case their use has been granted to us, implicitly involves the prohibition to use the same without the consent of YÉKRAK or of their legitimate owners. Unless otherwise expressly stated, at no time does access to, browsing or use of the Website and/or of the content thereof grant the Customer any right over the distinctive signs included thereon.
All intellectual and industrial property rights over website content and/or services are reserved and, particularly, it is strictly prohibited to modify, copy, reproduce, publicly disclose, transform or distribute by any means or in any way, either all or part of website content for public or commercial purposes unless prior, express authorisation has been obtained in writing from YÉKRAK or, where appropriate, the holder of the corresponding rights. Moreover, and for security reasons, it is not permitted to use frames or devices that may alter or vary website design, original configuration and content.
None of the content hosted on the Website can be downloaded, reproduced or used on any other device or in any other place other than the Website unless YÉKRAK has enabled the means to do so.
9. LINKS TO OTHER WEBSITES
In the event that the user comes across links to other websites on our Website by means of various buttons, links, banners, etc., those websites would be managed by third parties. YÉKRAK has neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the website. Consequently, YÉKRAK cannot accept any type of liability for any matter that is related to a website to which a link could be established from its website, specifically as regards, albeit not restricted to, its operation, access, data, information, files, quality and the reliability of its products and services, its links and/or, generally speaking, its content.
Accordingly, if users come to have material knowledge of the illegality of the activities conducted through any of these third-party websites, they must immediately notify YÉKRAK so that it can proceed to disable the access link to the same.
The establishment of any kind of link from the YÉKRAK Website to another website shall not imply any type of relationship, cooperation or dependency between YÉKRAK and the party responsible for the unrelated website.
If any user, entity or website wishes to establish any kind of link to the YÉKRAK Website, the following stipulations must be observed:
• The link may only be directed to the website home page, unless otherwise expressly authorised in writing by YÉKRAK.
• The link must be absolute and clear, i.e. it must take the user to the website’s address: http-s://www.yekrak.com with one click and must show the complete home page screen. Unless expressly authorised in writing by YÉKRAK, under no circumstance may a website that establishes a link reproduce the website in any way, include it as part of that website or include it within one of the other website’ s frames or create a browser on any of that website’s pages.
• The page where the link is established may not make any statement to the effect that YÉKRAK has authorised such a link unless YÉKRAK has done so expressly in writing. If the entity that correctly makes the link from its page to the Website wishes to include the trademark, name, commercial name, sign, logo, slogan or any other type of YÉKRAK identifying element and/or of its website, it must have previously obtained YÉKRAK’s express authorisation in writing.
• YÉKRAK does not authorise the establishment of a link to its website from those websites that may contain illicit, illegal, degrading or obscene materials, information or content or, in general, any content that may be contrary to public morality, public order or generally accepted social standards.
• YÉKRAK has neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites that may have links established to its Website. YÉKRAK accepts no liability for any matter that is related to a website from which a link is established to its website, specifically as regards, albeit not restricted to, its operation, access, data, information, files, quality and the reliability of its products and services, its links and/or, generally speaking, its content.
10. TERM AND MODIFICATION
These General Terms and Conditions shall remain valid throughout their publication period, or until they are modified wholly or in part, in which case YÉKRAK is obliged to announce the changes made to them.
Acceptance of customer orders shall be regulated by the Terms and Conditions published at that time on the Website.
11. APPLICABLE LAW AND JURISDICTION
This contract shall be governed by Spanish Law, which shall apply to that which is not set forth in this contract concerning interpretation, validity and performance.
In the event of any disagreement or claim arising between the parties with respect to compliance with, or the contents of these Terms and Conditions, the parties shall negotiate in good faith to try and resolve their disagreement or claim within a maximum period of one month to be calculated as of the date either formally notifies the other of the discrepancy that has arisen or the claim made.
Notwithstanding, in the event that the disagreement or claim is not resolved within the aforementioned maximum term and only in cases in which the regulation provides for the possibilities of the parties subjecting themselves to a jurisdiction, YÉKRAK and the Customer hereby expressly waive their right to any jurisdiction that may correspond to them and agree to subject themselves to the decision on the matter put before the Courts and Tribunals of the City of Paris.