GENERAL TERMS AND CONDITIONS OF SALE
PURPOSE AND GENERAL
Through its website www.elegantiaclub.com, ELEGANTIA CLUB provides information about its products and offers the possibility of their acquisition. Due to the content and purpose of the Website, people who want to benefit from their services must have the status of "Customer", which acquires by completing the registration form and following the steps that ELEGANTIA CLUB subsequently communicates through email. The Customer assumes adherence to the Conditions of Use of the version published at the time the website is accessed.
In any case, there are pages of the Website accessible to individuals or legal entities that do not register or start a product purchase (hereinafter, "Users"). In this sense, Users accessing these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, to the extent that they may be applicable.
ELEGANTIA CLUB wants to inform its Clients and Users that it is addressed exclusively to a public over 16 years and that the territory in which it accepts and distributes orders is understood by Spanish Peninsula, Baleares, Europe and the United States (hereinafter, the "Territory ").
ELEGANTIA CLUB makes shipments of orders to the Canary Islands, Ceuta and Melilla applying the corresponding shipping rate. If a user is interested in receiving an item outside the territory of the Peninsula and Balearic Islands you should contact ELEGANTIA CLUB through the form or sending an email to [email protected], we would study your request and inform you about it.
CONTACT: For any type of doubt, query or suggestion, you can send us your comments by email to: [email protected]
The descriptions of the products displayed on the Website are made based on the information provided by the suppliers of ELEGANTIA CLUB. However, the information given about each product, as well as the photographs or videos related to them and the trade names, trademarks or distinctive signs of any kind contained in the web page of ELEGANTIA CLUB, are exposed in www.elegantiaclub.com just as a guidance.
All the prices of the products that are indicated through the web page include the VAT and the other taxes that could correspond. However, these prices do not include the costs of shipping the products, which are detailed separately and must be accepted by the Customer.
ELEGANTIA CLUB tells the Customer that the number of available units is kept up to date with stock in store and availability by our suppliers. In no case will ELEGANTIA CLUB will intentionally sell more units than it has or the supplier has reserved.
ELEGANTIA CLUB will do everything possible to please all its Customers in the demand for the products. However, occasionally, and because of causes that are difficult to control by human factors or problems in computer systems, it is possible that the quantity finally served by the supplier differs from the order made by ELEGANTIA CLUB to satisfy customers' orders.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not entitle the cancellation of the entire order.If following this cancellation the customer wants to return the delivered product must follow what has been estipulated in the section Return.
The Customer agrees to pay at the time of placing the order.
The initial price that appears on the website for each of the products offered will be added the rates corresponding to the relevant shipping costs. In any case, said tariffs will be communicated to the Client before the purchase.The ticket or proof of purchase that corresponds to the purchase order will be available and can be viewed at www.elegantiaclub.com in the section "My account", "Orders".
The Customer must pay the amount corresponding to his order by payment through credit or debit card (Visa, Mastercard, Visa Electron and / or other similar cards), transfer or deposit into the designated bank account. The card with which the payment is made must have a legal bank or savings bank as the issuing financial institution.
The payment with card is made through BrainTree(Owned by PayPal) with its security protocols.The Client shall notify ELEGANTIA CLUB of any undue or fraudulent charge on the card used for the purchases, by email or telephone, in the shortest possible time for ELEGANTIA CLUB to make the appropriate arrangements.
ELEGANTIA CLUB has the highest commercially available security measures in the sector. In addition, the payment process works on a secure server using the Secure Socket Layer (SSL) protocol. The Payment System is managed by the local bank, using the encryption methods.
ELEGANTIA CLUB DOES NOT HAVE ACCESS OF ANY FORM OF YOUR PAYMENT OR CARD DATA.
The secure server establishes a connection so that the information is transmitted encrypted by encryption algorithms, which ensure that it is only intelligible for the Client's computer and the Website's.
This way, when using the protocol SSL is guaranteed:
1. That the Client is communicating his data directly with the bank and not to any other that tries to impersonate it.
2. That between the Client and the bank's server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
FORMALIZATION OF ORDERS
Once the order is formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, ELEGANTIA CLUB will always send an email to the CLIENT confirming the details of the purchase made.
CANCELLATION OF ORDERS
ELEGANTIA CLUB will accept cancellations of orders when they are requested before the shipment of the same. To cancel, you must request it using the "Customer Service" form or by sending an e-mail to [email protected]
DEADLINES, DELIVERY AND LOST PARCELS.
I. Delivery of the product
ELEGANTIA CLUB is committed to deliver the product in perfect condition at the address indicated by the Customer in the order form, and that in any case must be included within the Territory. In order to optimize the delivery, we will ask the Customer to indicate an address in which the order can be delivered within normal working hours.
ELEGANTIA CLUB will be responsible for the errors caused in the delivery when the delivery address entered by the Customer in the order form is not realistic or omitted.Customer ELEGANTIA informs that it is possible that the same order is divided into several deliveries.
II. Delivery term
Shipments will be made through a courier company. The order made by you will be delivered within a maximum period of 10 working days from the time we have confirmed the order, unless otherwise specified either in the product sheet or during the purchase process. Although the usual delivery time of ELEGANTIA CLUB usually ranges from 3 to 6 days, from the completion of the order. These deadlines are average, and therefore an estimate.
For this reason, they may vary for logistical reasons. In cases of delays in deliveries, ELEGANTIA CLUB will inform its clients as soon as it has knowledge of them. Each delivery is considered made from the moment in which ELEGANTIA CLUB puts the product at the disposal of the Client, which materializes through the control system used by the transport company. In the case of delays in the delivery of orders attributable to ELEGANTIA CLUB, the Customer may cancel his order in accordance with the procedure described in Section "11. Refund". Delays in delivery shall not be considered to be cases in which the order has been made available to the Customer by the transport company within the agreed time limit and could not be delivered for cause attributable to the Customer. Shipping costs can be found in the shipping section of our website.
Once the order leaves our warehouse, an e-mail will be sent notifying you that your order has been accepted and is being shipped. For security reasons, ELEGANTIA CLUB will not send any orders to post offices or military bases, nor will it accept anyorder when it is not possible to identify the recipient of the order and his or her address.
III. Delivery Data, Unrealized Deliveries and Missing
If at the moment of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. ELEGANTIA CLUB, as part of the courier service, carries outa series of follow-up actions aimed at ensuring that delivery takes place.If after 10 business days the delivery did not happen, the Customer must contact ELEGANTIA.
In the event that the Customer does not do so, after 10 business days from delivery to delivery of the order will be returned to our warehouse and the Customer shall bear the costs of shipping and returnto origin of the goods, as well as the associated management costs.If the reason for which the delivery was not possible is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range from one to three weeks.
IV. Diligence in delivery
The Client must verify the good condition of the package before the carrier who, on account of ELEGANTIA, make the delivery of the requested product, indicating in the delivery note any anomaly that could detect in the packaging. If, after a review of the product, the Customer detects any incidents such as blows, breaks, indications of having been opened or any defect caused by the product by the consignment, the latter undertakes to communicate it to ELEGANTIA CLUB via email in the shortest possible time Possible, within 24 hours of delivery. As of that moment no incidents will be attended by that type (only warranty parts).
Return procedureAll products purchased at ELEGANTIA CLUB may be returned and refunded, provided that the Customer notifies ELEGANTIA CLUB of its intention to return the purchased product (s) within a maximum period of up to 14 working days from the date of delivery and that the rest of the conditions established in this section are fulfilled.
ELEGANTIA CLUB will only accept returns that meet the following requirements:
1. The product must be in the same state in which it was delivered and must retain its original packaging and labeling.
2. The shipment must be made using the same box in which it has been received to protect the product. For the case that can not be done with the box with which it was delivered, the Customer must return it in a protective box in order for the product to arrive at the store of ELEGANTIA CLUB with the maximum possible guarantees.
3. A copy of the delivery note must be included in the package, where the returned products are alsomarked and the reason for the return.With the objective of facilitating to the Customers the process of return and to be able to make a correct follow-up of the same, ELEGANTIA CLUB establishes as unique procedure of return the one established by ELEGANTIA. If the reason for the return is attributable to ELEGANTIA CLUB (the product is defective, it is not the one that you ordered, etc.), the amount of the refund will be refunded. If the reason is different (the products were served correctly but not to your liking), the cost of the return costs will be borne by the customer.
To proceed with a return, the following steps must be followed:
1. Inform before 7 calendar days from receipt that the product wants to be returned. The informationcan be made via email to [email protected] or through the customer service form.
2. ELEGANTIA CLUB will inform the customer of the address to which the product should be sent.
3. The customer must send it through a courier company of his choice. The return must be paid by the customer.
4. Report ELEGANTIA CLUB the used courier, date and time of return.
II. CUSTOMER REFUNDS
The return of the products will result in a refund equal to the cost of the returned products minus thecost of the return service. Only in the event that the delivered product is defective or incorrect, ELEGANTIA CLUB will also reimburse the Customer for the corresponding shipping costs. Returns and partial cancellations will give rise to partial refunds. ELEGANTIA CLUB will manage the return order under the same system that was used for the payment within 3 days from the confirmation of arrival to the store of the returned order. The application of the refund on the account or card of the Client will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
GUARANTEE OF THE PRODUCTS ACQUIRED
ELEGANTIA CLUB acts as distributor of manufacturers that guarantee that the products that are presented for sale in www.elegantiaclub.com work correctly and have no defects or hidden defects that could make them dangerous or unsuitable for normal use.The contractual warranty offered is the one usually granted by the manufacturer. Once the Customer has received the product will have the instructions provided by the manufacturer in its box, sufficient for the correct use of the product and all information about the warranty.ELEGANTIA CLUB will not be obliged to collect the damaged product and the Customer must contact the Manufacturer's After Sales Service. In this sense, ELEGANTIA CLUB will carry out theactions aimed at providing the Customers who so request the contact details of said service and will provide sufficient information for the presentation of the relevant claims.
The warranty will lose its validity in case of defects or deterioration caused by external factors, accidents, wear and use not in accordance with the instructions of the Manufacturer. Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the guarantee. The warranty shall not be applicable to apparent defects and defects of conformity of the product, for which any claim shall be made by the Customer in question within 7 days after delivery of the products. The warranty will not cover products damaged by improper use.
INTELLECTUAL AND INDUSTRIAL PROPERTY
ELEGANTIA CLUB has all the rights regarding the content, design and source code of this web page and, in particular, without limitation, on photographs, images, texts, logos, designs, trademarks, trade names and data that are included on the Web. Clients and Users are warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property. Likewise, and without prejudice to the foregoing, the content of this website is also considered as a computer program, and therefore, it is also applicable to all Spanish and European Community legislation in force in the matter.
It is expressly forbidden the total or partial reproduction of this Web, or any of its contents, without the express and written permission of ELEGANTIA CLUB. Likewise, it is totally prohibited to copy, reproduce, adapt, modify, distribute, commercialize, publicly communicate and / or act in violation of current Spanish and / or international intellectual property and / or industrial property regulations, as well as the use of the contents of the Web, if not with the express prior written authorization of ELEGANTIA.
ELEGANTIA CLUB informs that it does not grant any implied license or authorization on intellectual property rights and / or industrial property rights or on any other right or property related, directly or indirectly, with the contents included in the Web.
The use of the contents of the web domain for informational and service purposes is only authorized, provided that the source is cited or referred to, and the user is solely responsible for the misuse of the same. ACCESS AND STAY ON THE WEB. OUR CONTENTS Clients and Users are fully responsible for their conduct, when accessing the information of the Web, while browsing in the same, as well as after having accessed. As a consequence of the above, Clients and Users are solely responsible to ELEGANTIA CLUB and third parties of: The consequences that may result from a use, for purposes or effects that are unlawful or contrary tothis document, from any content on the Web, whether or not made by ELEGANTIA CLUB, published or not officially published. As well as the consequences that may result from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent the normal Enjoy by other Users.
ELEGANTIA CLUB reserves the right to update the contents when it deems it convenient, as well as to eliminate, limit or prevent access to them, temporarily or definitively, as well as deny access tothe Web to Customers and Users that does an evil use of the contents and / or breach any of the conditions that appear in this document. ELEGANTIA CLUB informs that it does not guarantee:
1. That the access to the Web and / or the link Web is uninterrupted or error-free.
2. That the content or software to which the Clients and Users access through the Web or the link Web sites does not contain any errors, computer viruses or other elements in the contents that may cause alterations in your system or in electronic documents And files stored on your computer system or cause another type of damage.
3. The use of the information or content of this Web or link Websites that Customers and Users could perform for their personal purposes.The information contained in this website must be considered by the Customers and Users as informative and guiding, both in relation to its purpose and its effects, which is why:ELEGANTIA CLUB does not guarantee the accuracy of the information contained in this website and therefore do not assume any responsibility for the possible damages or discomforts for the Users that could be derived some inaccuracy present on the Web.
ELEGANTIA CLUB does not assume any responsibility derived, by way of enunciation but not limiting for:
1. The use that the Clients or Users may make of the materials of this website or linking sites, whether prohibited or permitted, in violation of the intellectual property rights and / or industrial content of the Web or third parties.
2. The possible damages to Customers or Users caused by normal or abnormal operation of the search tools, the organization or location of the contents and / or access to the Web and, in general, of the errors or problems that are generated in the development or implementation of technical elements that the Web or a program provides to the User.
3. The contents of those pages to which the Clients or Users can access from links included in the Web, whether authorized or not.
4.The acts or omissions of third parties, regardless of whether these third parties could be linked to ELEGANTIA CLUB by contractual means.
5. The access of minors to the contents included in the Web, being the responsibility of their parentsor guardians to exercise an adequate control over the activity of the children or children under their charge or to install some of the tools of control of the use of Internet in order to avoid (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
6. From communications or dialogues in the course of debates, forums, chats and virtual communities that are organized through or around the web and / or link websites, nor will it respondto any damages and prejudices That suffer the Customers or Users particular and / or collective as a result of said communications and / or dialogues.
ELEGANTIA CLUB will not be responsible in any case when they occur:
1. Errors or delays in accessing the Website by the Customer when entering their data in the order form, slow or impossible to receive by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency outside the good faith of ELEGANTIA CLUB.
2. Falls or incidents that could occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operating.
3. Of the errors or damages produced to the website by an inefficient and bad use of the service by the Customer.
4. The non-operation or problems in the email address provided by the Client for sending the order confirmation.
5. In any case, ELEGANTIA CLUB is committed to solve the problems that may arise and to offer all necessary support to the Client to arrive at a fast and satisfactory solution of the incidence.
6. Likewise, ELEGANTIA CLUB is entitled to carry out, during defined temporary intervals, promotional campaigns to promote the registration of new members in its service. ELEGANTIA CLUB reserves the right to modify the conditions of application of the promotions, extend them communicating it properly, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
The data of the Clients will be used for the sending by email of the sales made by ELEGANTIA CLUB and for the delivery of the purchases. By the mere visit to the Web, the Users do not provide any personal information nor is obliged to provide it.
ELEGANTIA CLUB undertakes to keep the maximum reservation and confidentiality on the information provided to it and to use it only for the indicated purposes. ELEGANTIA CLUB presumes that the data has been entered by its owner or bya person authorized by it, as well as that it is correct and accurate. It is up to the Customers to update their own data. At any time, the Client will have the right to access, rectify, cancel and oppose all personal data included in the different registration forms.
To modify or update your personal data, the Customer must access www.elegantiaclub.com, under the "My Account" section.
To cancel your account write an email from the e-mail of your account to [email protected] with the subject "Cancel account". Therefore, the Client is responsible for the accuracy of the data and ELEGANTIA CLUB will not be responsible for its inaccuracy of the personal data of the Customers.
In accordance with current legislation on data protection, ELEGANTIA CLUB has adopted the appropriate levels of security for the data provided by Customers and, in addition, has installed all means and measures at its disposal to prevent loss, misuse, alteration, unauthorized access and extraction thereof.
MODIFICATION OF CONDITIONS OF USE
APPLICABLE LAW AND ARBITRATION