CONDITIONS OF USE AND SALE
PURPOSE AND GENERAL CONDITIONS
The General Conditions of Use and Sale (hereinafter the “Conditions of Use and Sale”) govern the access, purchasing and shipping of products offered in the online store www.dartepilatessotogrande.com (hereinafter Online Shop), owned by Yovanka Grueso, domiciled in Centro comercial Mar y Sol – Local 5 Carretera de Arenillas 11310 Sotogrande, San Roque, Cádiz España, with CIF number 02659068S.
It means that access, purchasing of products or simply use of the shop by the user implies full and unreserved adherence to each and every one of the Conditions of Use and Sale which Yovanka Grueso has published at any given time and which the user can easily access online each time the user accesses the shop. By accepting these Conditions of Use and Sale, the user consents to become a User of Yovanka Grueso and their data will become part of the file “CLIENTS AND SUPPLIERS“ (or the name by which it is discharged) from the company, and treatment of such files shall be as provided in the Privacy and Cookies Policies.
Each order placed in the Online Shop is governed by the general conditions applicable to the order date.
All users accessing a shop must be older than 16 years with sufficient legal capacity to enter into contract.
Yovanka Grueso operates the online shop exclusively for the Spanish territory specified in the Iberian Peninsula, Balearic and Canary Islands (hereinafter the ”Territory”). Yovanka Grueso only allows shipments and distributes products within the Territory.
PRODUCTS AND SERVICES
Descriptions of Products and Services (as defined below) offered in the Online Shop are made based on information from own products of Yovanka Grueso.
Pictures, graphic or iconographic, and videos relating to the products and services performances, as well as trade names, trademarks or logos of any kind on the Online Store are designed to provide as much information as possible to the user.
In the temporary unavailability of the product, Yovanka Grueso reserves the right to provide customer information by email about substitute products of equal or higher quality and value. If the client does not wish to order such substitute products, the total amount of the order will be refunded, and in case of partial annulment, will be refunded only for the price of the products or services unavailable.
In case of a payment by Paypal, the amounts paid will reimbursed within thirty days, either in the Paypal account that has allowed the purchase or redeemed on the bank card of the Buyer.
EXECUTION OF ORDERS
The purchase of products by the user via the Online Shop will be realized following the procedure established in the “Order Form / Checkout / or whatever name has been assigned in the web page to that section”.
The information contained in these Conditions of Use and Sale and the details in the online shop does not constitute an offer to sell, but an invitation to contract. There will be no contract between the user and Yovanka Grueso in connection with any product until your order has been accepted by Yovanka Grueso. If your offer is not accepted and there have already been charges made on your account, the amount thereof shall be reimbursed in full.
They will be under contract only those products listed in the order confirmation and shipping. Yovanka Grueso is not obliged to supply any product that might have been asked for until sending it is confirmed in an order confirmation. The placing of an order implies acceptance of these Conditions of Use and Sale and prices of products and items available for sale in the Online Store.
To order, the buyer may:
- Be registered in the Online Store by filling out the appropriate information form, which will allow, on the one hand, making subsequent orders without having to fill out again before placing the order forms and, moreover, follow progress of all orders.
The order will be processed in several stages: User identification, billing and shipping information, Shipping type and payment, order confirmation and shipping of the order.
To order, the buyer must follow the procedure described above and click “Accept” on payment. Once the payment has been authorized, the buyer will receive an email acknowledging receipt of their order (the “Order Confirmation”). All orders are subject to acceptance by Yovanka Grueso from which the user will be informed by email of “Order Confirmation“. At all times the User who has placed an order may obtain information about tracking their order in the Online Store, in the section Consult your order, identifying with their email and password, if they are a registered user, or introducing into the boxes provided their email and order number.
Yovanka Grueso reserves the right to withdraw any products from the Online Store at any time to remove or edit any materials or content thereof. Yovanka Grueso reserves the right to refuse to process an order after having sent the Order Confirmation, at his/her own discretion. Yovanka Grueso is not made liable to the user or to any third party for the withdrawal of any product from the shop, regardless of whether the product has been sold or not, for the removal pr modification of any material or content in the Online Shop, or to waiver process an order once the Order Confirmation has been sent.
The prices of products offered through the Online Shop include IVA (Spanish VAT) and any other applicable taxes. However, these prices do not include the shipping costs of products. These are detailed in the payment process and must be accepted by the User at the time of application of the order.
On purchases made from or bound to the Canary Islands the VAT is automatically deducted on the products at the time of purchase.
Information on price comparisons and discounts on products listed in the Online Store purchasing process are calculated using information provided by the suppliers of Yovanka Grueso.
Information on price comparisons and discounts on products listed in the Online Store purchasing process are observed in the outlets.
Yovanka Grueso reserves the right to change prices at any time. Products will be invoiced at the price in effect at the time of the registration of the order.
PAYMENT OF PRODUCTS
Payment of the price and the shipping of products purchased through the Online Store will take place at the time of the email (requesting a read receipt) sent to the User byYovanka Grueso acknowledging and confirming the purchase made (Order Confirmation).
The receipt or invoice corresponding to the order of products available and can be displayed in the ”My account: Orders“. In this section the user can also download the order invoice as well as it being sent by email with the Order Confirmation.
The user must make the payment with either one of the following bank cards Visa, Visa Electron, Mastercard, American Express, or Euro 6000; or through the PayPal system. At the time of the order confirmation, the buyer shall provide the number of his bank card for payment, followed by the type of card in question (out of the list of acceptable types of cards accepted by the shop), its expiration date and the three digit security code appearing on the back of it. The bank card will be charged within two days following the order confirmation. This validation is equivalent to the signature and express acceptance of all operations performed in the Online Store. The card number provided by the Purchaser and the validation of the purchase will constitute proof of the integrity of the order and the enforceability of the sums due in execution of the order. The shop server is encrypted and all transmitted data is encrypted in order to prevent fraud. The bank card details and data that the user transmits are confidential and are transmitted in a secure environment (SSL protocol). Data from the bank cards are not kept in the servers of the Online Shop but in a bank. Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or non-delivery and we cannot enter into any contract.
Users who want to make the payment through their Paypal account must enter the email associated with their Paypal account and Paypal password at the time of validation of the order. Paypal encrypts all data that the user has sent at the time of creating the account. Thus, no data except for the email of the User shall be communicated to Yovanka Grueso. The financial and personal data will be automatically encrypted when sending sensitive information to the Paypal servers.
Yovanka Grueso remains the owner of the product until payment has been received in full. Yovanka Grueso reserves the right to refuse delivery or to confirm an order for a user who has not totally paid or partially paid a previous order or with whom there is a dispute in progress.
The User must notify Yovanka Grueso of any improper or fraudulent charge to the card used for purchases in the Online Store, in the shortest time possible, in order that Yovanka Grueso can arrange the measures which she deems appropriate.
DELIVERY OF ORDER
When ordering, the user must indicate the place where they want to receive their order. Orders are delivered to the address given by the user when ordering.
If at the time of delivery of the product in the address, the user is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, within ten (10) calendar days from the date of the notice, the user has not been in contact with the carrier to arrange a new delivery date, the product will be returned to Yovanka Grueso and the User shall cover costs of shipping and returns, as well as any associated administrative costs.
Yovanka Grueso will not be responsible for delivering a package to the wrong address, if this error results from the information provided by the user when ordering.
Without prejudice to the provisions of the second clause regarding the availability of products, and except in cases of forces beyond the control of Yovanka Grueso, orders are delivered to the user within the period specified in the relevant Order Confirmation or, if no delivery date is specified, within 15 days from the date of the Order Confirmation.
If for any reason Yovanka Grueso could not meet the deadline, she will inform the user of this fact and give the option to proceed with the purchase establishing a new delivery date or cancel the order with full refund the price paid.
LIABILITY OF YOVANKA GRUESO
Yovanka Grueso is not responsible for delays in the delivery of orders that have to do with events of force majeure and in particular in cases of full or partial strikes by transport services.
Yovanka Grueso is not responsible for any inconvenience or damages related to the use of the Internet that are totally alien to Yovanka Grueso.
The responsibility of Yovanka Grueso in connection with any product purchased in the Online Shop is strictly limited to the purchase price of that product.
Within the extent permitted by applicable law, without prejudice to where these established Conditions can be argued otherwise for certain cases, Yovanka Grueso will not accept any liability for loss product, regardless of its origin
All product descriptions, information and materials contained in the Online Store are supplied as a true body or work without express or implied warranties thereon. To the extent permitted by law, all warranties, except those that may not lawfully be excluded in front of consumers and users are excluded. The provision of this clause does not affect your statutory rights as a consumer and user, nor your right to cancel the contract.
CANCELLATION OF ORDERS
Users may cancel their order as long as it has not yet been sent. If the order has already left the warehouses of Centro comercial Mar y Sol – Local 5 Carretera de Arenillas 11310 Sotogrande, San Roque, Cádiz España, you cannot perform cancellation of the same, but you can return it once it has been received
Users may opt, once the order is received to change one or any of the products of the same, without waiting for the return and refund to be processed. If the new order is for a price lower than initial price, the credit card of the user will be credited by the difference between the amount of returned products and the quantity of products and articles under a new order, after deduction of the costs of the shipping of the new order.
RETURN OF ORDERS
The User shall have a maximum period of fifteen (15) days after delivery of the Product to cancel the purchase of the Product, in whole or in part, in accordance with applicable law. Once the fifteen (15) day period has completed, Yovanka Grueso will not accept returns for withdrawal of product purchases.
In the case of return of the entirety of the order by the user within seven (7) days following the delivery of the order, the user shall be entitled to full reimbursement of the order and the shipping costs of the delivery of the order, but not the cost of the return shipping. In the case of returning an order after seven (7) days, the user shall be entitled to full reimbursement of the order, but not the postage for the delivery and the return.
Returned orders must include the purchase invoice and will have to be in perfect condition and in its original packaging. No damaged products or products being returned without their original packaging shall be reimbursed. The delivery address will be: Centro comercial Mar y Sol – Local 5 Carretera de Arenillas 11310 Sotogrande, San Roque, Cádiz España.
The User shall not be entitled to withdraw in established cases provided in the legislation where applicable and, in particular, by way of example and not limitation, in the following cases:
- Products made according to user specifications or clearly personified.
The User shall be entitled to the reimbursement of the price, shipping costs and transport costs for the return of defective products or if the products delivered do not correspond to the order placed by the user in accordance with applicable law.
GUARANTEE OF THE PRODUCTS PURCHASED
Products have the legal guarantee for non-conformity thereof which becomes manifest within a period of two (2) years from the date of delivery and in accordance with the provisions of applicable regulations. The User must inform Yovanka Grueso of the lack of conformity within a period of two (2) months after they have knowledge of it.
The guarantee offered corresponds to that established in Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users. The duration and manner of exercise of such guarantees are clearly detailed in the description of the Products.
The guarantee does not include defects caused by neglect, falls, use or misuse, stress unsuitable, electrical accidents, installation and/or use not in accordance with the instructions or not made by the authorized service when appropriate, or materials or perishable products, subject to wear caused by normal use or consumables. Goods that have been modified or repaired by the user or any other person not authorized by the manufacturer or supplier are also excluded from the warranty. As for Computer Products, the warranty does not cover the removal of viruses, software recovery for this reason, or reinstalling the software caused by erasing it.
Among other cases, the user will not be entitled to exercise the guarantee of the products and, consequently, the warranty will not apply when:
- They modify, alter or replace some of the data provided Product warranty or proof of purchase of the Products.
- If the identification number is handled or repaired in the guaranteed Product without the knowledge and authorization of the technical service or the issuer of the guarantee of the product.
- If there is no proof of purchase of the Products.
To use the warranty, the user must be able to provide the proof of purchase of the Products.
The user must follow at all times, the prospectus of the brand and the instructions for proper use and installation of the product and all warranty information.
MODIFICATION OF THE CONDITIONS OF USE AND SALE
COMMUNICATIONS BETWEEN YOVANKA GRUESO AND THE USER
Most communications between Yovanka Grueso and the User relating to these Conditions of Use and Sale or purchase of the Products and Services through the Online Store, will be made by email through the following address firstname.lastname@example.org.
For contractual purposes, the User consents to this electronic means of communication and they acknowledge that all contracts, notices, information and other communications sent by Yovanka Grueso electronically comply with legal requirements to be in writing. This condition does not affect your statutory rights.
APPLICABLE LAW AND JURISDICTION
These Conditions of Use and Sale are governed by Spanish law.
In the case of dispute or disagreement arising from the purchase of products and/or services through the Web Site and/or these Conditions of Use and Sale and to resolve any disputes, the parties submit, at their free choice, and waiving any other jurisdiction to which they may be entitled to the Courts of Cadiz.
Yovanka Grueso is the owner or licensee of the exploitation rights of intellectual property and industrial property of the Web and the content available through it. Under no circumstances shall the fact of allowing Users access to the Web imply a waiver, license or total or partial transfer of such rights Yovanka Grueso.