Ushuaïa offers you an online purchasing service which allows you to purchase a selection of the items available at our stores from your computer. You can also benefit from promotions, gifts and exclusive offers.
We reserve the right to change these terms from time to time by changing them on the Sit although no such change will affect any order you have already placed with us. These terms were last updated on the aforementioned date.
If you have any queries regarding the same, please contact our Customer Services department, firstname.lastname@example.org .
For any type of doubt, query, suggestion or claim you can contact Ushuaïa through the following communication channels:
- By postal mail sending a letter to MERCHASTYLE S.L. located on JAUME 1 street (Can Raspall Zone), Postal Code 07817 San Jordi de ses Salines (Balearic Islands, Spain).
- By email: web.collection@Ushuaïastore.com
- Customer Service: (+34) 971 304 986. El horario es de lunes a viernes, de 9h a 17 h.
2.1. Availability of the service
Please make sure that you are over 18 before placing an order on the Website. By placing an order, you confirm to us that you are over 18 years of age.
The Products offered are distributed in the member states of the European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus (south), Czech Republic, Denmark, Estonia, Finland, France (metropolitan), Germany, Greece, Hungary, Ireland, Italy (except San Marino, Livigno, Campione, Vatican City, Italian waters of Lake Lugano), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (including the Canary Islands, Ceuta and Melilla), Sweden and the United Kingdom; as well as in Albania, Andorra, Aruba, Australia, Bahrain, Bosnia-Herzegovina, Channel Islands, China, Colombia, Costa Rica, Curaçao, French Guiana, Guadeloupe, Guatemala, Honduras, Hong Kong, India, Indonesia, Iceland, Japan, Jordan, Kazakhstan, Kuwait, Lebanon, Liechtenstein, Macao, Malaysia, Maldives, Martinique, Mexico, Monaco, Nicaragua, Norway, Oman, Panama, Philippines, Qatar, Russia, Salvador, Saudi Arabia, Serbia, Singapore, South Korea, Switzerland, Turkey, United Arab Emirates, United States and Uzbekistan.
Individuals resident outside these countries may only benefit from the online purchasing service of this Website if the delivery address of the order is located in one of the above countries or territories.
2.2. Product Information
- The items offered on this Website are a selection of products from the Women’s, Men’s, Children’s, Babies' and Violeta by Ushuaïa collections and meet the same quality requirements and guarantee as the products on sale at USHUAÏA Group stores.
- Each Product features the following details:
- Name of the article Photo of the article Description of the article Available sizes and colours* Composition Price (in the corresponding currency)
- Ushuaïa has made every effort to display the colours of the items as realistically as possible. However, the colour of the garments that appear on the screen may be subject to changes depending on the quality of your computer monitor. Therefore, Ushuaïa cannot guarantee that the colours that appear on your monitor are a true representation of the actual colours.
- Special offers, promotions or discounts will be valid until the indicated date or while stocks last. Separate terms and conditions for each offer, promotion or discount may apply.
- Similarly, Ushuaïa makes every effort to ensure that the information contained on its Website is complete, accurate and correct. In the event of any error, Ushuaïa will proceed to correct it as soon as possible.
2.3. Purchase procedure
- Purchases may be paid for using a credit or debit card (Visa, Visa Electron, MasterCard, Solo, Maestro and American Express), or via PayPal. Payment method other than the ones specified in the present conditions of sale will not be accepted. For payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the user is correct.
- After placing an order, you will receive an acknowledgment from us that we are preparing your order. If you do not receive this e-mail, this could be due to a temporary communications problem in the network or an error in the e-mail address entered. In both cases, Ushuaïa advises the user to contact Customer Services: email@example.com
- Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm payment" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been dispatched or, if you opt (where available) to collect, when it will be ready for collection (Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Confirmation.
- The Contract will relate only to the Product(s) which have been confirmed in the Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Confirmation.
2.4. Availability of products
All orders are subject to the products being available. If, at the time the order is issued, our warehouse detects that there are no stocks of any of the products included within it, Ushuaïa will make every effort to locate the item. If this is not possible, the user will be notified immediately. In addition, the amount charged for the unsent item will be refunded to the customer, using the same payment method used to purchase the item.
2.5. Right not to accept an order
Ushuaïa may refuse to accept any order or cancel any confirmed order on the following grounds:
- In the event of a technical and/or typing error in the prices or other details of products contained on the Website when the order was placed.
- Due to a lack of availability, as described in section 2.4.
- When the security systems indicate that the order may be fraudulent.
- When there are reasons to indicate that the user is a minor.
- If Ushuaïa was unable to deliver the order to the address provided.
Ushuaïa will fully reimburse any sums that have been paid where any of the grounds listed above arises..
PRICE AND PAYMENT
3.1. Payment and currency
- The prices of Products on the Website are quoted in GBP.
- Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due once you have selected your chosen different delivery method.
- Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
- The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced.
- Ushuaïaallows users the option to select the destination country before placing their order, so that they can see the prices with the corresponding taxes included. If the customer subsequently modifies the delivery address and the destination country, the prices displayed in the final summary of the order may vary.
3.2. Value Added Tax
- In accordance with the current legislation, the sales will be subject to VAT, applying the current rate of VAT in the Member State in which the goods are delivered.
- According to the legislation, when the purchaser is liable for VAT in an EU Member State, it may be possible to apply the “reverse charge” mechanism subject to fulfilment of the requirements established in the legislation.
The customer expressly consents to the issue of the invoice in electronic format. If the customer wishes to receive a paper invoice, they can request this at any time by contacting our Customer Service in our email firstname.lastname@example.org.
3.3. Payment methods
- Ushuaïa only accepts payment by credit or debit card or via PayPal.
- Payment by credit or debit card Ushuaïaaccepts payments for purchases made via its Website with the following credit or debit cards: Visa, Visa Electron, MasterCard, Solo, Maestro and American Express.
- For payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the user is correct.
- Payment via PayPal Ushuaïawill process the payment via the Paypal system.
3.4. Payment security
- In order to offer maximum security in the payment system, Ushuaïauses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity. For payment by Visa and MasterCard, Ushuaïa only accepts SET transactions (Secure Electronic Transactions) using the 3D Secure international protocol, which can be identified by the Verified by Visa and MasterCard SecureCode logos. The basic aim of the Secure Electronic Transactions initiative is to guarantee the security of Internet transactions. When you make payment through the secure payment gateway, the system will automatically check whether the credit card has been activated for Secure Electronic Transactions. Next, it will connect with the issuing bank of the card, which will request authorisation for the operation via a personal authentication code. The operation will only proceed if the issuing bank of the card confirms the authentication code. In all other cases, the transaction will be rejected.
- Ushuaïa reserves the right to check the personal details provided by customers and to take the appropriate steps (including the cancellation of the order) in order to ensure that goods are dispatched in accordance with the data that is stated on the order.
- You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
- From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
- The delivery cost is calculated according to the delivery method chosen and the items purchased. The exact transport cost will be calculated every time an item is added to the shopping basket, and will be displayed on the order summary page that appears before the customer confirms the order by pressing the ‘Confirm Payment’ button, and before the credit card or debit card details are entered. The transport company is DHL and UPS, that the depends of the price.
- In order to avoid any delivery problems (incorrect addresses, nobody at home, etc.), you must complete the applicable form correctly and it is advisable to leave a contact telephone number in the corresponding field. The delivery cost is calculated according to the delivery method chosen and the items purchased. The exact transport cost will be calculated every time an item is added to the shopping basket, and will be displayed on the order summary page that appears before the customer confirms the order by pressing the ‘Confirm Payment’ button, and before the credit card or debit card details are entered.
- Orders cannot be delivered to military bases or PO boxes.
ONLINE EXCHANGES AND/OR RETURNS POLICY
5.1. Consumer cancellation rights
Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to maximum 30 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection points offered by our courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party.
If you cancel within 14 days of receipt of your order,you will receive a refund of the price paid for the Product(s), but not reimburse you for the costs of delivery.
To cancel a Contract, you must clearly inform us, preferably:
- In writing (by post or email at the addresses set out below) or by telephone giving us your name, address and order reference;
- By email email@example.com
Post USHUAÏA Dpto.
Calle Jaume I. Nº1 C.P. 07817 San Jordi de ses Salines Baleares. (Spain)
Telephone 0034 971 304 986 Customer service
To return the Product(s), you should package the parcel securely making sure you include a fully completed address and then return it to us using one of the return options described below.
5.2. Exchange and/or returns conditions
- Ushuaïa cannot accept exchanges or returns of used or damaged items (except in the case of faulty Products). For reasons of hygiene, underwear and swimwear items are fitted with a safety seal to prevent them being tried on or worn. If you wish to return this type of item, the label and the safety seal must remain intact.
- It is not possible to change one model for another: it is only possible to exchange it for a different size. To exchange one item for another, you must follow the return procedure and make a new purchase.
- All returns of purchased items must be carefully packaged and include the change reason.
5.4. Free exchanges and/or returns with home collection service
- This service will only be available for cases in which damaged garments have been delivered, with tare or delivery error. The client must contact the Customer Service and communicate the problem. From this Department, a delivery note will be sent that must be attached with the garments to be returned and delivered to the carrier.
- Sometimes a photo will be requested to verify the truth of the error. Once the collection is made, the item will arrive at our facilities where the change will be make and a new garment will be sent.
- Once the Products are received, Ushuaïa will ensure they are in good condition and will refund the purchase amount via the same payment method used in the purchase.
- The refund period may vary between 3 and 12 working days from receipt of the return at the Ushuaïa ware houses. Once the condition of the returned items has been inspected, the customer will be notified by e-mail.
- We will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery.
- Refunds are made using the same method originally used by you to pay for your purchase.
5.8. Faulty Products
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.