General Terms & Conditions for Sale of Products
on By-Luma.com Website.
[V3. Sep 2019]
Casa Luzmila, SLU (hereinafter also the “Provider”), with registered office at Carrer Aragó, 143 3º 1ª, 08015 Barcelona, (Barcelona), NIF B-66.971.144, Customer Service phone number +34 658 699 709, and e-mail email@example.com
Scope of application
1. The general terms and conditions set out herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories products (hereinafter "Products") on the by-luma.com website (hereinafter: "Website") providing delivery to the following countries: Austria, Belgium, Bulgaria, France, Germany, Greece, Luxembourg, Netherlands, Portugal, United Kingdom and Spain (hereinafter: "Customer").
2. Any changes to the T&C shall be published on the website and the new T&C conditions shall only apply to orders made as from the day of their publication.
3. By accepting sending an order through the Website, the Customer declares:
a. that the Customer has read, understood and accepted in full and without reservations the T&C.
b. to be a consumer and want to purchase Products exclusively for personal use and not to resell them in the context of any trade or business activity, of any kind;
c. to authorise the Provider to safeguard, process, use and transfer to third parties and/or abroad the (personal) data contained in the order for the purpose of performing it.
d. to be of legal age and has the required legal capacity to contract.
e. that the Products may not fully conform to the particulars, specifications and/or photographs found on the Website
4. The Provider will do its best to ensure that the information contained on the Website is accurate and updated. It cannot however offer guarantees about such information.
5. The presentation of the Products on the Website is an invitation to tender.
6. An order can be made through the Website by selecting any image of the Products presented thereon and in any case by following the steps and instructions specified on the Website. In order to make any changes and/or corrections to the order, the Customer shall follow the instructions contained on the Website.
7. The Provider may impose maximum limits on total order value or quantity per customer or per order.
8. The order shall be sent by clicking on the button ’Buy now’ – ‘Check out’ or any other similar button and it may be archived in the database of the Provider for the period of time provided for by current legislation.
9. The order will be considered as a contractual purchase proposal.
10. Upon receipt of the order the Provider will send the Customer an e-mail containing the order number and information about the ordered products, the price of each product, delivery expenses where applicable, the address for shipment and payment method and an indicative time schedules for delivery.
11. Such e-mail will not constitute acceptance of the Customer's purchase proposal, and serves only as confirmation of having received the order.
12. Upon receipt of the order made by the Customer, the Provider will verify the availability of the ordered products and the accuracy of the information provided by the Customer.
13. The Customer's order may be refused in the event of an error in the information provided by the Customer, if the products are out of stock, if insufficient solvency warranties are found, if the order does not meet the normal consumer needs (a requirement which applies both to the number of products purchased in the context of a single order and to the number of orders pertaining to the said product, even if each order comprises a quantity of products corresponding to normal consumer needs), or due to cases of force majeure.
14. If the order or a part of it cannot be accepted, the Provider will inform the Customer within 10 days following receipt of the order this will be followed with the immediate release of the amount reserved for payment of the items that will not be delivered.
15. The sale contract between the Provider and the Customer is to be considered as having been entered into when the Provider sends the written confirmation of the shipment to the Customer’s email address set out in the purchase order.
16. The Provider will consider any request for cancellation of the order received by the Provider before the shipment of the Products to the Customer.
17. In the event that a particular Product to be found in the order of the Customer is no longer available, the Provider shall not have any obligation to supply the Product in question, but it shall be exclusively bound to inform the Customer promptly of that circumstance.
18. If only a part of the Products mentioned in the order were available, the Provider shall have the right to send only the available Products; in such case the Customer will be charged only the amount related to the Products it will receive.
19. The prices of the Products shall be those published on the Website and mentioned in the invoice, in the currency stated when being purchased.
20. Unless otherwise expressly indicated on the relevant Product, prices on the Website will only include Value Added Tax, if applicable; but do not include any other taxes or any transportation, shipping, handling charges or any other fees or charges not expressly indicated.
21. The payment shall be authorised by the Customer at the time when the purchase order is made, by credit card or in any other manner mentioned in the relevant section of the Website.
22. The Provider only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by the issuing bank.
23. No order can be taken into account and nor processed until the payment has been authorized by the Customer’s bank or saving bank.
24. In the case of PayPal payment, the Customer may be required to enter the details relating to access in the proper space on the PayPal page to which the Customer may be automatically redirected. The Customer may be required to complete the payment in the manner indicated by the service administrator.
25. During the purchase, the Provider and/or the Website may save an acknowledgement code associated with the Customer’s PayPal account, which authorises exclusive use tied to future purchases, or the replacement of goods which have already been purchased, in order to avoid making again necessary the entering of their PayPal access data.
26. The delivery of orders will be made at the delivery address designated by the Customer in the order.
27. The Provider will endeavour to ship Products ordered and available within 4-8 working days (in the location where the Products are located).
28. Products are delivered within 30 (thirty) days of order confirmation by the Provider, without prejudice that the delivery times may vary according to the country of destination. In case the delivery is delayed for reasons not attributable to the Provider, the Customer will be informed, as far as possible, of the new delivery date.
29. The Products correctly bought and shipped by the Provider shall be delivered by the designated shipping Company between 9:00 am to 18:00pm on working days in the destination city. No deliveries may be made on weekends or national or local holidays.
30. The delivery will be considered completed once the carrier has made the package containing the Products available to the Customer and the latter, or the delegate of the latter, has signed the delivery receipt.
31. The Provider reserves the right to refuse, suspend or cancel, in its own discretion, the delivery or the fulfilment of any of the obligations arising from the sales contract, in the event of alleged fraud, default or breach by the Customer of obligations assumed with regard to the Provider relating to previous orders and/or sales contracts.
32. Should the ordered Products be required to cross customs (according to the country of destination), any customs charge related to the release of the goods shall be borne by the Customer.
33. If the Customer has ordered several Products in the same order, the Products may have different availability dates and/or storage locations and therefore different delivery dates.
34. The Provider does not assume any responsibility
i. where the delivery of the product does not occur if the Customer has provided data that is false, inaccurate, or incomplete.
ii. where the delivery cannot be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
Damage to Products During Shipment
35. If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition.
36. If at the time of delivery of the package a damage
a. that makes the Product not suitable for use by the Customer,
b. caused by the carrier company or caused during the shipping journey, is detected by the recipient the Customer MUST inform the Provider of such incident within 48 hours of receipt of the package by emailing firstname.lastname@example.org and request authorisation to return the Product.
37. The Customer may be required by the Provider or the shipping company to provide evidence such as photos or otherwise of the damaged packaging and/or damaged Product(s).
38. Upon receipt of the authorisation to return the damaged Product(s) the Customer must return the Product(s) within a maximum period of 14 days from the receipt of that authorisation.
39. The Provider at its sole discretion may reimburse the Customer for the price of the Product or replace it with another Product at similar value, provided at all times that the following has been complied with:
a. The Provider has received the damaged Product together with the original packaging at its address communicated to the Customer in the authorisation and within 14 days from the date of the authorisation;
b. The product is returned in its original packaging with the tag identifying the Product is still attached to the Product intact and unremoved, as fixed on the Product at the time of quality control prior to shipment;
c. The Product has not been used, worn out, damaged, changed or manipulated in any from from its orignal condition- other than caused by the damage mentioned.
If the above conditions are not met, the Provider shall have the right not agree to return the Product. In such a case the Customer shall not have the right to be reimbursed and shall only have the right to pick up the Product or request its shipment at its own cost and risk.
40. Once the Product is received by the Provider, the sales contract shall be deemed cancelled for all legal intents and purposes, and all relative obligations, rights or claims shall lapse.
41. As soon as the The Provider has verified that the conditions for the refund have been fulfilled, the Provider shall send the Customer an e-mail confirming the acceptance of the returned item and start the refund procedure. If there is a reimbursement of an amount, then the Customer shall receive that amount within the following thirty (30) days, irrespective of the method of payment adopted by the Customer. The reimbursement of the amounts paid by the Customer shall always be made exclusively to the Customer who made the original payment.
Returns and Exchange
42. The Customer is entitled to return or exchange the Products purchased on the Website without being obliged to give reasons within fourteen (14) calendar days starting from the day of receipt by the Customer of the relevant Product(s) or by the deadline laid down by applicable mandatory rules in the country of delivery of the goods, if this is longer.
43. The expenses related to the shipment of a returned product shall be assumed by the Customer.
44. If the conditions in paragraph 44 below are met, the Provider shall reimburse the price of the Product as well as any applicable taxes;
In any event, the Provider shall not reimburse any transportation or shipping fees of the original Product being exchanged or returned.
45. Conditions for Return
a. The Product returned must
i. be returned in its original packaging and in perfect condition with any accessories or instruction manuals, which are considered to be integral parts of the item; and
ii. arrive at the following address within 14 days from the date of the receipt of the Product by the Customer or recipient:
Casa Luzmila SLU (ByLuma), Carrer Aragó, 143 3º 1ª Barcelona 08015, Spain;
iii. not have been used, consumed, or damaged;
iv. the Product identification tag must still be attached to it;
If the above conditions are not met, the Provider shall have the right to:
1. not agree to return the Product and/or
2. deduct an amount from the value of the Product to be returned equal to the damage in the Product as determined by the Provider,
46. Once the Product is received by the Provider, the sales contract shall be deemed cancelled for all legal intents and purposes, and all relative obligations, rights or claims shall lapse.
47. As soon as The Provider has verified that the Conditions for the refund have been fulfilled, the Provider shall send the Customer an e-mail confirming the acceptance of the returned item and start the refund procedure. If there is a reimbursement of an amount, then the Customer shall receive that amount within the following thirty (30) days, irrespective of the method of payment adopted by the Customer. The reimbursement of the amounts paid by the Customer shall always be made exclusively to the Customer who made the original payment.
Warranty and limitation of liability
48. The Provider warranty is limited to any manifest manufacturing defects in the Products, excluding, without limitation any implied warranties as to the quality and to the suitability for the Customer’s purpose, for a period of 2 years from the delivery of the Products.
49. The Warranty and the rights arising under it is subject to the following conditions:
a. that the Customer has informed the Provider of the defect within 30 days from the Customer becoming aware fo such defect.
b. Before sending back the defective Products to the Provider, the Customer must make a request authorisation to proceed with the return by e-mailing email@example.com
c. The Customer has, within 14 days from receiving the authorisation, sent the defective Product to the address specified by the Provider in the email authorising the return of the defective Product
d. The defective Products are received by the Provider.
50. The warranty for defects in manufacturing does not cover:
a. Deterioration created by adaptations, adjustments, or modifications made to a Product from its original condition,
b. Expenses related to maintenance, repair, or replacement of parts due to normal wear and tear,
c. Breakdowns and deterioration of accessories,
d. Deterioration created by improper use of the product, or failure to comply with the instructions for use with regard to its usage and maintenance and other care instructions,
e. Damage caused by accidents, lightning, floods, fires, or any other cause that is outside the control of the manufacturer,
f. Products that have already been repaired by a provider unrelated to the Provider
51. Where the warranty is applicable, the Provider may choose between:
a. Replacing the product with another product or reimbursement of the amount paid for the defective Products.
b. If the Provider wishes to replace the product with another one as indicated in the preceding sub-paragraph, the Product will be replaced by another from the same category, size and colour product that is of equal value determined by the Provider in its sole discretion.
52. The replacement of the Product will terminate the original sales contract including any warranty and a new contract in respect of the new Product given to the Customer instead will arise with a new warranty.
53. Once the Product has been received and its defective nature has been verified, the Provider will send the Customer an e-mail confirming the acceptance of the return and whether it shall replace the defective Product or reimburse its price.
54. If the Provider chooses to reimburse the price, it shall start the refund procedure in favour of the Customer of the price. The Customer shall receive that amount within the following thirty (30) days, irrespective of the method of payment adopted by the Customer. The reimbursement of the amounts paid by the Customer shall always be made exclusively to the Customer who made the original payment.
55. In the event that the above conditions have not yet been complied with, or if the defect reported by the Customer is not found, the Customer shall not be entitled to reimbursement of the amount paid to the Provider nor any replacement of the Product. However, the Customer shall only have the right to request recovery of the relevant defective Products at the warehouse of the Provider, at the Customer’s own risk and expense. If the Customer does not request having back the returned Products within thirty (30) days from the notification by the Provider, the Provider shall be entitled to retain them together with the amount received in connection with the transaction.
56. Without prejudice to the foregoing warranty, the Provider excludes any and all liability (contractual or non-contractual) with regard to the Customer, within the limits of applicable mandatory rules.
57. The total maximum limit of liability of the Provider under any circumstances shall not exceed the Purchase Price of the relevant Product.
58. The Provider is not responsible for any and all consequences that may result from improper use of the Products that are sold on the web
59. In the event that one or more of these T&C were to be found void, voidable, unlawful or ineffective, this will not result in total ineffectiveness of the T&C. The provision in question will be replaced by a similar valid provision which takes due account of the intention and content thereof, in compliance with and in accordance with current regulations.
ONLINE DISPUTE RESOLUTION
60. In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
APPLICABLE LAW AND JURISDICTION
61. These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts of the city of Barcelona (Spain).