Terms & Conditions
This page states the Terms and Conditions under which you use www.devaya.com.es . Please note that any use of this website means that you agree to the following Terms and Conditions. We reserve the right to change the terms and conditions without notice.
In these Terms:
"Website" means Our website at www.devaya.com.es
"Goods" means the goods, which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order, which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means DEvaya,
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
About this Website
This Website is operated by Squarespace and DEvaya, a company registered in Spain.
This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English, Spanish or French.
Our Rights in the Website
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material)
are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information, which you upload to Our Website as We decide and We may also disclose that information to a third party.
We have taken great care in compiling this Website but we will not be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information, which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information, which We provide, is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent, which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
How you must use this Website
Submissions or comments, which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information, which You submit, should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information, which You provide, is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.You must not corrupt the Website, flood it with information causing it to malfunction or use any features, which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Under the Spanish Law of data protection, we ask you to consent to us storing and processing data about you. All personal information you provide to us or that we obtain when you register to buy or visit our web site will be considered by DEvaya acting as data controller. The information will be used for the purpose of purchases to fulfill our commitment to you, perform any credit checks, and alert you to deals in your personal areas of interest and also for marketing purposes. To this end, we also need to be able to transfer this information to our partners. DEvaya will however never allow third parties to use your personal data for marketing purposes. You have the right to request access to the personal information held about you. If they are inaccurate, incomplete or irrelevant you have the right to request that information is corrected or deleted. In light of the information DEvaya now provided you agree, by registering, to DEvaya may store and process personal information about you, and that these data may be transferred to other companies based in Europe and abroad in accordance with what is stated above, or what is otherwise subject to the Spanish law of data protection or similar legislation in each country.
Our Agreement for the Sale of Goods and the Ordering Process
The Website displays Goods, which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order, which You place, will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
Our Rights in the Goods
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
All the information you provide to DEvaya.com.es including your email address, delivery address and credit card details are strictly private and confidential. DEvaya.com.es uses a secure socket layer (ssl) protocol to protect your information against any leakage or misuse. Credit card transactions are processed via Paypal. In the unfortunate event that your information has been leaked or misused, DEvaya cannot be held liable for any losses incurred to you. The prices of our products do not incl. duties and taxes of your country.
Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.
The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery :
1 - Choosing your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Cart".
2 - Reviewing Your Cart
You can review the products, which You have added to Your Cart. You can change the contents of Your cart by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking on "-" button subtract to remove and viewing the basket total value. You can also enter any promotional code, which You may have. Entering a valid promotional code and clicking 'Redeem' will update the basket total. You can then continue shopping and adding to Your cart if You wish or if You don't want to buy anything else, go straight to the next step.
3 - Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on "Continue" or by hovering over the basket icon in the top right hand corner of the page and then clicking "Checkout".
4 - Customer registration
You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, you have the option to pay with PayPal at this stage by clicking on the PayPal link.
5 - Completing the Address Details
If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your delivery address. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. All customers will have the option of selecting the same address as Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
6 - Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click "Order Now".
7 - Placing Your Order
By clicking on "Order Now", You are confirming that You have read, understood and accepted these Terms. At this point Your details will be submitted to Us.
8 - Order Confirmation
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.
We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
- We are unable to obtain authorised payment or the payment process is incomplete; or
- We identify a product or pricing error on the Website; or
- You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
- We suspect that Your Order is related to fraudulent activity; or
- You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
- Goods are unavailable or out of stock.
We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods, which can be included in an Order. If the total value of Goods in Your bag exceeds the limit, which We may choose from time to time, then We will contact You.
When you complete a purchase you will be sent an automatic order confirmation to the e-mail address that you provided during registration. If there hasn’t been any confirmation after a few minutes, make sure that the email has not ended up in the spam folder. You should also be able to see your order under "my account" when you are logged in. That is also where your order status will be updated when we have shipped your order, and that is also where your order will be searchable. Note that this email is automated generated, would there be something missing in your order we will contact you in a separate e-mail.
You are a registered member until further notice. You can by contacting us, cancel your membership. In that case we will delete all information that is not deemed necessary to save. It is of course free of charge to be a member of DEvaya.
Price and Payment
Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in euros. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.
We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
We must receive payment for the Goods in full before they are despatched.
We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
Cancel, return and exchange
We won’t accept returns if the product has been wear, use, dirty, without original box, or without original tags.
Please check our « return » section at the bottom of our frontpage.
You have a legal right to cancel the contract (subject to certain exceptions set out below) within 10 days of the day after You receive the Goods. This is the “Cancellation Period”.
You can cancel by sending Us the cancellation form provided or by letting Us know in any other way by post or e-mail. You should keep evidence of having given notice of cancellation, such as an e-mail receipt. You must return the Goods to Us (at your own risk and cost) within 10 days.
Phone : +34 910 223 190
Adress : Calle San Pedro nº6, esc.ext. 4.4; Madrid, Spain
The Goods must be returned unused with the original packaging.
If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
We will ordinarily refund the full purchase price paid within 2 days of receiving the returned Goods.
We won’t accept returns if the product has been wear, use, dirty, without original box, or without original tags. All products must be in perfect resalable conditions.
We will not to refund or exchange items that appear to have been worn, washed, or are not in original condition.
If you simply want to exchange the Goods You have ordered, you can do so within 10 days of the day after You receive the Goods.
We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us.
Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
If You wish to return Goods, you may either:
1 return the Goods to Us in an unused, clean, with original box and tags, to the returns address
2 if you have paid using a credit or debit card you can return the Goods in a perfect condition (unused, clean, with original box and tags ) with the despatch or delivery note as proof of purchase.
We will aim to process Your refund or replace the Goods within 2 days of You returning the Goods to Us. If you have paid using a credit or debit card and if You choose to return Goods to one of Our stores, any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
We will not be responsible for Goods which are lost or damaged in the post.
We need to see your item in order to determine whether there is a complaint or not. Please note that we do not replace shipping costs that you have paid for.
In case of a refund, you get the money back in the same manner as you paid. Would you have paid COD, we need your bank account details in order to send you your money.
Remember that we are not refunding any shipping or handling charges.
Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligenge or any liability for fraudulent misrepresentation or fraudo r liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be ilegal for us to exclude. Your statutory rights are not affected.
To the extent that we are liable to you in respect of breach of contract, for negligence or for any other liability in relation to the goods or this contracto r otherwise, our total liability to you will be limited to three times the price of the goods which are the subject of the liability, paid by you to us.
Some of the items, which We offer for sale, are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
We disclaims any liability for any losses or damages, as far as this is allowed by the laws of spain. If other than spanish laws are applicable, DEvaya.com.es’s liability for negligence shall be limited to the total value of the transaction.
We aim to deliver the Goods within the indicative timescales shown on Our Website (Section: Shipping ). References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance, which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time.
If Goods are out of stock then We will let you know by e-mail If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
Ownership of the Goods will only pass to You upon despatch of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details set out at Clause 8.3, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs, which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. You should not use any Goods, which You receive in error and intend to return.
Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method, which We use, may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see. If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. The may include leaving the Goods with a neighbour or in a safe place in or around Your property.
As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
MRW and DHL will attempt to deliver your order two times. If it says that they had tried to deliver to you without success - please contact your local office to help them to set up the delivery. For non-received packets so we charge a fee of 40 Euro.
This should of course not happen - but if we were to send you wrong item - or that the package gets stuck somewhere along the way between us and you we will do our utmost to resolve the situation as quickly and smoothly as possible. However, we reserve the right that during weekends or holidays we cannot fix any errors that lies with one of our partners.
Reservation and force majeur
We reserve the right to typos on DEvaya.com.es and we cannot guarantee that all pictures accurately reflect the true appearance. Due to that different computers have different color settings, monitors, etc. so it may look different in reality. Sneakersnstuff.com also reserves the right to cancel an order with products where the price has been set to low by typos in our data base.
We also make reservations to errors beyond our control, such as force majeure.
Use the contact form located on our website if you want to email us. You will receive a reply via your email. We aim to respond within 24 hours on weekdays.
We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
If either We or You do not at any time act on any rights, which we have under this Contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right, which we have, it will not affect any other rights, which either of us has.
This Contract is subject to Spanish law and both We and You agree that any dispute arising under or connected to it will be decided by the Spanish courts.
We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, which We have accepted, the Contract will remain subject to the version of the Terms, which were in place at the time at which You placed Your Order.
Nothing in these Terms seeks to exclude or limit any rights available under applicable law, which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
1 on the day on which it is left if You deliver the notice by hand; or
2 on the day on which it was posted if You post the notice as shown on proof of postage; or
3 on the day on which it is sent correctly if by fax or email
and in each case it should be sent to the address set out at Clause 8.3.
A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above.
We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact:
Calle San Pedro 6, 28014 Madrid, Spain
Email : firstname.lastname@example.org
Phone : +34 628529503
Calle de San Pedro 6,
Ph: +34 628529503
You can reach us at +34 628529503
Phone hours are Tuesday-Friday, between 10:00 am and 20:00 pm.