TERMS AND CONDITIONS
“This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all the laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited:
“Child pornography, violence / hate and extreme sexual violence”
Boudoir Boutique, with registered office in Calle las Violetas 4, Marbella (29660), Málaga, España, is the owner of this Website whose use is regulated by this document, with CIF number B01996503. To contact Boudoir Boutique, you can use the postal address indicated above, as well as the email address firstname.lastname@example.org
Due to the very nature of the Website, as well as its content and purpose, practically all the navigation that can be carried out by it must be done enjoying the condition of Client, which is acquired according to the procedures set out in the same. Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time that the Website is accessed. Boudoir Boutique reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, Boudoir Boutique recommends that the Client read the same carefully each time he accesses the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which Boudoir Boutique also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, by the terms and conditions contained in these General Conditions, to the extent that this may be applicable.
Finally, due to the nature of this Website, it is possible that changes to the content of these General Conditions may be modified or included. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that they will be applicable the corresponding conditions that are in force at the time of your access.
ACCESS AND SECURITY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, going on to be considered as Clients.
The Client’s identifier will consist of his email address and a password. To access the Customer’s own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
CORRECT USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, merely by way of enunciation and without limitation, undertakes to abstain from:
- Use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good practices or public order.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- Carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to Boudoir Boutique or to third parties.
- Use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to market or disclose in any way said information.
The Customer shall be liable for damages of any nature that Boudoir Boutique may suffer, on occasion or as a consequence of the breach of any of the obligations set forth above, as well as any other included in these General Conditions and / or those imposed by Law in relation to the use of the Website.
Boudoir Boutique will watch over the respect of the current legal system at all times, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the Client from the Website in case of presumed commission, complete or incomplete, of any of the offenses or offenses typified by the current Penal Code, or in case of observing any conduct that in the opinion of Boudoir Boutique is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the norms established by Boudoir Boutique or its collaborators or may disturb the good functioning, image, credibility and / or prestige of Boudoir Boutique or its collaborators.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Boudoir Boutique or third parties, whose rights in this respect it holds legitimately Boudoir Boutique, being therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
The infraction of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Those Clients who send comments, opinions or comments to the Website through the electronic mail service or by any other means, in the cases in which, due to the nature of the Services, this is possible, it is understood that they authorize Boudoir Boutique for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is granted free of charge.
Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following e-mail address: email@example.com
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Independently of the provisions of the General Contract Conditions relating to the contracting of goods included in this Website, Boudoir Boutique is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented “as is” and are accessible without guarantees of any kind.
Boudoir Boutique reserves the right to interrupt access to the Website, as well as the provision of any or all Services provided through it at any time and without prior notice, whether for technical reasons, of security, of control, of maintenance, by failures of electrical supply or any other justified cause.
Consequently, Boudoir Boutique does not guarantee the reliability, availability or continuity of its Website or Services, so that the use thereof by the Client is carried out at your own risk. , without, at any time, responsibilities can be demanded to Boudoir Boutique in this regard.
Boudoir Boutique will not be liable in case of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Boudoir Boutique, and / or due to fraudulent or culpable action of the Client and / or due to causes of unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, will be understood included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events that occurred outside the control of Boudoir Boutique, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Boudoir Boutique has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, Boudoir Boutique will not assume any responsibility for direct or indirect damages, consequential damages and / or lost profits.
Boudoir Boutique excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or those that have been accessed through the Website as well as the Services provided or offered by third parties or entities. Boudoir Boutique will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information provided in it. In this sense, Boudoir Boutique has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by an Authority Judicial or Administrative competent.
Similarly, Boudoir Boutique excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in the documents or systems stored in them.
Boudoir Boutique is not responsible for the use that the Client makes of the Services of the Website or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other right of third parties.
The Client undertakes to hold harmless Boudoir Boutique, for any damage, loss, sanction, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other kind of liability that may be suffered Boudoir Boutique that is related to the breach or partial or defective compliance of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations related to the protection of personal data collected in the present conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEB SITES
Boudoir Boutique does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to Third Party Services through connections, links or links of the linked sites or the accuracy or reliability thereof. The function of the links that appear in Boudoir Boutique is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal. Boudoir Boutique will not be in any case responsible for the result obtained through these links or the consequences that derive from the access by the Clients to them. These Third Party Services are provided by them, so Boudoir Boutique can not control and does not control the legality of the Services or their quality. As a result, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretive or litigious issues that may arise, Spanish law will apply and in case of dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to the jurisdiction of the Courts and Tribunals of the city. of Madrid.
STANDARD MODEL PURCHASE PROCESS. FORMS OF PAYMENT, ETC
ORDER AND PRICE MODALITIES
- Customers have the possibility to make all their orders from the website: boudoir.es
- Each client declares with full capacity to use credit cards and that they have sufficient funds to cover all costs resulting from the purchase of products through Boudoir Boutique.
- By clicking on the “Pay” button during the purchase process, the member declares to fully and unreservedly accept all of these General Conditions of Sale.
- The data registered by Boudoir Boutique constitute the proof of the transactions made between Boudoir Boutique and the members of your Private Community. Boudoir Boutique will confirm your order by sending an email.
- The contractual information is presented in Spanish and will be confirmed at the latest at the time of delivery.
- All taxes are included in the prices of our products, but do not include transport costs.
- The minimum purchase is € 10 (without considering shipping or other expenses).
- Boudoir Boutique reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the moment of the registration of the orders (subject to availability of the product) , except typographical error manifest.
- The products remain the property of the supplier until such time as the full payment of the price has occurred.
- Boudoir Boutique reserves the right to refuse an order from any member with whom it has a dispute.
Boudoir Boutique will do everything possible to please all its customers in the demand of the products. In case of unavailability of the product after the order has been placed, the client will be informed by email of the cancellation of the order. As a result of this demand, the speed of the return in the customer’s bank account will depend on the type of bank card and the conditions of each bank. These deadlines are again specified in the “Delivery” clause.
Payment by card
- The purchase regulations are made by bank card. The accepted bank cards are: Visa and MasterCard. The purchase price will be charged to the customer’s bank account, within 4 days from the date of the order and this will be considered effective after confirmation of their agreement with the bank payment centers.
- In the event that the POS (Point of Sale Terminal) informs of the denial of the card, the order will automatically be canceled, informing the customer of said cancellation online.
Cash on delivery
- Payment is made when you pick it up at Correos.
- The additional cost for this mode is 4€.
- The order will be picked up at the nearest post office.
- For returns of money will be made as follows as long as the amount does not exceed 6€, in which case a discount voucher for the next purchase will be made.
- A transfer will be made where the client indicates.
- Invoice number.
- Name of the person who enters it.
- Send proof of income to the email: firstname.lastname@example.org by sending the receipt in the subject.
- In this modality, the payment will be charged according to the customer’s contract with PayPal, in the same way, the returns where the company has to pay any amount will be made in the same way.
- This modality has no cost to the client.
For your security Boudoir Boutique you have trusted the payment system by credit card to a payment gateway.
The bank details entered are encrypted and transmitted securely to the bank’s servers and, subsequently, are verified with the issuing bank to avoid possible fraud and abuse.
This data entry procedure is guaranteed by SSL encryption technology (Secure Socker Layer) -128 bits, one of the most advanced and effective protection systems currently available, thanks to which no third party will have access via Internet to this information regarding the bank details entered by the customer.
Only the Bank and PayPal have access to the bank details linked to these means of payment, so that Boudoir Boutique does not know or record this information during the payment transaction.
The supplier will send the products to the distribution warehouse, from where the products will go, whose final destination will be the address that the buyer establishes. Each time an order is sent, the buyer will receive an email.
Transportation costs will be paid by the buyer.
The purchase order corresponding to the order will be available in Boudoir Boutique, once the payment is confirmed, which can be viewed through the link: “My Orders”, from the issuance of the email. This original purchase order includes delivery costs and VAT.
Boudoir Boutique will ask its clients to choose the place of delivery, specifying their address, office or center where they want the product delivered. The delivery time ranges between 24 and 72 business hours.
Boudoir Boutique will inform the customer of the order output of the distribution warehouse, by sending an email.
Each delivery is considered carried out from the provision of the product to the customer by the carrier, materialized by the control system used by the carrier. It is up to the recipient to check the order at the time of delivery and then make all reservations and claims that appear justified, including the possibility of rejecting the package, if it had been opened or if it has obvious signs of deterioration.
Reservations and complaints should be directed to Boudoir Boutique by email to the address that will be found on the Boudoir Boutique page.
All products sold may be returned for 14 days from the date of delivery, in accordance with the provisions of the Spanish Retail Trade Law.
Previously, the client must indicate his intention by email. Boudoir Boutique will answer by means of another email specifying the precise instructions for the return of the product.
The return costs will be borne by the customer.
The reimbursement to the customer’s account as a result of this return will be made within 7 days of receipt of the goods by Boudoir Boutique.
The return can not take place in any case if the products supplied were clearly subject to use.
The products must be returned properly protected, in their original packaging, in a perfect condition (not damaged or soiled by the customer) with all accessories, instructions and documentation. They will be sent to the place specified by Boudoir Boutique in the precise instructions for the return of the product sent by email.
In the event that the return was not accepted by the supplier because it is understood that the product whose return was intended to have been used, these products will remain in the distribution warehouse to be picked up by the customer, for a period not exceeding thirty days from your return.
Packages that do not contain any attached elements that identify the sender (order number, name, address, …) will not be returned either.
The expenses and risks linked to the return of the product will be borne by the sender, who must send them safely and with the necessary guarantees so that the returned merchandise arrives in perfect condition.
Through Boudoir Boutique you can make refunds of the purchased products for the amount of them. Once the returned products have been received, Boudoir Boutique will verify that they are in good condition and will proceed to the payment of the amount paid minus the shipping costs, regardless of the amount of the returned product.
Anyone who returns their product will receive an email informing them of the amount of their refund.
The guarantees and after-sales services will be governed by Royal Legislative Decree 1/2007 of November 16, which approves the text of the General Law for the Defense of Consumers and Users. According to this norm, the seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him of any lack of conformity. The consumer and user has the right to repair the product, its replacement, the price reduction or the termination of the contract.
RESPONSIBILITY, LITIGATION AND APPLICABLE LEGISLATION
Boudoir Boutique could not be considered responsible for the breach of the contract concluded in the event of stock-outs or unavailability of the product, force majeure, disturbance or total or partial strike, in particular, of postal services and means of transport and/or communications, flood or fire. In case of litigation, the member will be directed by priority to Boudoir Boutique to obtain a friendly solution.
The Courts of Madrid are the only competent ones. The present general sales conditions will be interpreted in Spanish and will be carried out in accordance with Spanish law. Any disagreement that may arise due to its validity, its interpretation or its execution shall be presented to the Courts of Madrid, to which expressly exclusive attribution of competence is made.
MODIFICATION OF GENERAL SALES CONDITIONS
Boudoir Boutique reserves the right to modify the general conditions of sale without prior notice, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located on their servers.
These changes must be accepted by the User each time a purchase is made through the Boudoir Boutique page.
The members of the “Private Community of Boudoir Boutique” who are not in agreement with the modifications of the general conditions, must notify it and, from the date on which the new version will come into effect, they should stop using the services Boudoir Boutique. In the event of any of the terms of the general conditions were illegal or unenforceable, will be null and void and applying what was agreed by the parties and failing that set out in the Spanish Civil Code.