Terms & Conditions
KLUELES.COM
GENERAL CONTRACTING CONDITIONS
- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, MI Vintage Label S.L.U (hereinafter also the “Provider”), with registered office at Pg San Juan 86 bajos 08013 Barcelona, Spain Customer Service e-mail: info@klueles.com, being the owner of the website https://klueles.com/, exposes the contractual document that will govern the contracting of products through the website reviewed. And on the other hand, the “User – Client” (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
- Has read, understood and agreed with this text.
- Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
- To assume all the obligations set forth herein.
- You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, info@klueles.com
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
MI Vintage Label S.L.U. is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards. MI vintage Label S.L.U is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of MI Vintage Label S.L.U for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website http://www.klueles.com, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web. MI Vintage Label S.L.U is a company specialized in the remote sale of products from Vintage clothing MI Vintage Label S.L.U sells its products over the Internet through its website and / or by phone. MI Vintage Label S.L.U does not own any the physical store for the sale of products.
- OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of http://www.klueles.com is active throughout Spain, Europe, Australia, Asia, South America, North America, the Middle East and Africa.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web http://www.klueles.com is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website http://www.klueles.com or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Contracting Conditions: MI vintage Label S.L.U reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
- INFORMATION PROVIDED ON THE WEB http://www.klueles.com
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event, and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of http://www.klueles.com are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in English and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.
3.3 Availability of the product(s): There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
- a) choice of an alternative product, with similar characteristics of the product to be replaced;
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.4 Right of Cancellation: MI vintage Label S.L.U reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of http://www.klueles.com. In the event that this lack of quality is detected, the Customer Service of MI vintage Label S.L.U will suggest a replacement product and, if the replacement product is not of the client’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Nineteen PM (7:00 PM/ 19:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Barcelona. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected, MI Vintage Label S.L.U reserves the right to cancel the transaction for security reasons.
- PURCHASE PROCEDURE:
In order to have access to the products offered by the Provider, the User must register through the website by creating a User account. To do this, the User must freely and voluntarily provide the required personal data, which will be processed in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Spanish Organic Law 15/1999 of December 13 (LOPD) on the protection of personal data and Royal Decree 1720/2007, of development of the LOPD, which are further detailed in the Legal Notice and Privacy Policy of this website.
The User will select a username and password, committing to make a diligent use of both of them, as well as to not make them available to third parties. Additionally, the User must notify the Provider in the event of loss or theft of such username and password, as well as of the possible access by an unauthorized third party , in order to proceed to the immediate blocking of such data.
When choosing a username, the User will not be able to choose words that have the purpose of confusing others by identifying the latter as an integral member of the Provider, as well as expressions that are abusive, injurious and in general contrary to the law or to the demands of morality and good manners.
Once the User account has been created, please note that in accordance with the provisions set forth by Article 27 of Law 34/2002 for the Information Society and Electronic Commerce Services, the contracting procedure will be conducted through the following steps:
- The product is chosen by clicking on it, and it will be automatically added in the “Shopping Cart”.
- If there are more products to be added, the option “Continue Shopping” must be selected. If a product was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the products. Once all the products have been chosen, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
- Once the product (s) has/have been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
- The User will be requested to register in order to make the purchase (this registration is free), in which a data collection form must be completed (whereas you will also have to accept the Privacy Policy and the Legal Notice (and link both of them)). Once the form has been completed, you will receive an e-mail confirming registration to the indicated e-mail address. If you are already registered, you can access your data by clicking on the User button directed for Users that are already registered.
Please check the Spam and Spam controls in your e-mail Inbox and always verify that the contact information you provide is correct.
- Once registered, an observations screen will appear, where you will be able to indicate the delivery time; a check box that must be marked as a form of acceptance of these General Contracting Conditions and the Privacy Policy.
- To finish the process, you must click on the Finish button.
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website http://www.klueles.com.
MI vintage Label S.L.U will provide Customer Service in a FREE manner, through our contact email info@klueles.com. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
MI vintage Label S.L.U puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.
- SHIPPING:
We want to ensure that your experience when shopping on the Site is as seamless and hassle-free as possible. We use the Spanish post mail national services to ship orders. You can contact us at any time on info@klueles.com if you have any questions regarding the status of your order or if you have general questions about our shipping costs, options and timings.
- PRICES AND VALIDITY PERIOD OF THE OFFERS:
All prices displayed in the http://www.klueles.com/ store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the products may vary in real time. In any case, such situations will always be previously communicated to the Users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.
- PAYMENT METHODS:
Below we detail the available payment systems:
Unless otherwise stated on the Site we accept all cards and paypal cards for payment.
At the checkout page on the Site, you will be asked to complete certain payment information (including credit/debit card details) and your credit or debit card will be debited with the cost of the goods you have ordered plus any applicable delivery fees (together your Payment).
Once received by us, we will hold your Payment to your order until either (a) the Supplier has accepted your order, in which case we will release your Payment to Kluelesl; The order will be shipped within 48 hours of receiving the payment. Orders will not be shipped on Saturdays, Sundays and Public Holidays.
By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
7.1 Payment by credit or debit card and paypal: The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. Visa, MasterCard and American Express are accepted. We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.
The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.4 PayPal or other platform: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be formally completed and an email with the summary of your purchase will be sent to you. By pressing the “Back to the Web” button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and does not assume any responsibility for them.
- DELIVERY OF ORDERS:
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
MI Vintage Label S.L.U will put all the means at your disposal so that your order is delivered within the time period that is shown on our website, on the date of issuance of the order confirmation.
8.2 Terms of delivery: These terms correspond to those established in the file of each product
8.3 Shipping confirmation: At the time of delivery of the order to our carrier, we will send a shipping confirmation to the email address that you have provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through the website of our carrier.
8.4 Damage to delivery: Products are delivered in secure packaging. If at the time of delivery, the recipient detects, in a visible and clear form, without the need to maneuver the shipping package or those packaging natural to the product, that the product has defects attributed by damage caused by the carrier company, or if in the same manner, there is an error in the merchandise received, the User must detail this fact in the receipt that is provided and signaled by and of the carrier and immediately contact our Customer Service line or email info@klueles.com. Such notifications must be executed within 24 hours after receipt, by which you will be able to be able to prompt the return of the affected product or products and proceed to their replacement by another in optimal conditions or, alternatively, to reimburse the price paid for it, as you indicate in that email.
If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition. Likewise, if a damage is detected in the product once the package is opened, and the packaging is in perfect condition, the client has 24 hours from reception to contact our customer Service or email info@klueles.com. After 24 hours of delivery, no claims will be accepted for damage to the product.
- RIGHT OF WITHDRAWAL:
Our products are selected vintage pieces sourced with care from Los Angeles. Each piece is unique and irreplaceable so we hope you value being the owner of the items you purchase. Please note that since the products are vintage, there is the occasional wear and tear inherent in products that have more than 20 years of life. Regardless, we do our best to select vintage in a good condition as well as we go to great lengths to recover and repair damaged vintage.
If you are not happy with your purchase for any reason, you can return it and we will refund you with the amount you paid for that item. Please email on info@klueles.com for details and to let us know when you have shipped your return order. Items must be unused and returned in their original packaging and with their tags still attached. Please allow up to 15 days from receipt of your returned goods for your refund to be processed. Shipping charges will not be refunded. None of these terms affect your statutory rights. We cannot accept returns on final sale items. Returns must be made within 14 working days of delivery.
9.1 Right of withdrawal: The User has 15 calendar days to return the product, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). If you are not satisfied with the product or any of the products of your order, the User may exercise his right of withdrawal by filling in the form attached to these conditions, indicating the order number (to obtain a refund of the amount of the product/s within the maximum period of fourteen (15) calendar days following receipt of the order) together with your contact information. Unless the return is made for reasons of defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us through the mail info@klueles.com or by postal mail, always within the period of 15 calendar days upon receiving of the order. After this period, you can only request the return or exchange of the products for technical reasons that are subject to the guarantee of said product (s).
You must return the product with all the elements with which it was delivered, without any damage or wear marks of any kind, nor showing an inappropriate use of the good or that is different from the nature of the same, to the address that we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in its value. The Client will be responsible for the packaging and protection of the products that are sent as well as the expenses derived from its shipping.
As long as the products are returned within the said period of 15 calendar days, without any damage, wear and/or defects, and in compliance with the requirements established in this section, and always including the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
– Return number provided
– Order number
– Date of purchase and exercise of withdrawal
Information of interest (optional):
– Reasons for the return
– Information that you believe is necessary or of interest to process the return
9.2 Return of a defective product: the User must inform MI vintage Label S.L.U of the lack of conformity with the product within two weeks of being aware of it. In the event that the product is defective in origin, due to a manufacturing fault, you must send an email to info@klueles.com with the order number and explaining the reasons for the return. Our Customer Service will contact you via email or phone call indicating how to proceed to resend the defective product and provide you with a return number.
The product (s) of the order must be returned to the address that we will provide, including all the elements with which it was delivered in perfect condition, without damage or marks that show an inappropriate use of the good or different to the nature of the product.
Once the defective product is received, in compliance with these requirements and verifying that the product (s) have a manufacturing fault, we will contact you to arrange the repair, replacement, price reduction, or termination of the contract. In any of the above cases, the related expenses will be borne by MI Vintage Label S.L.U.
9.3 Return of non-defective product: When the product has no defect and its return has been motivated by ignorance or misuse, MI vintage Label S.L.U will contact you to indicate the steps to follow for the recovery of the product.
The shipping costs derived from the return of a product that does not present any defect or defect attributed to the User, shall be borne by the User and MI Vintage Label S.L.U will not proceed to such shipment until having received the advanced payment of the resulting shipping costs. If the verification performed by MI Vintage Label S.L.U indicates that the product subject of return is damaged due to misuse or poor protection during shipment, it may result in the cancellation of the guarantee or cause a decrease in the value of the product.
9.4 Return by mistake in the order by MI Vintage Label S.L.U: When the product does not correspond to the placed order, due to an error that is attributable to the company, the User must communicate the company about this circumstance by mail as soon as possible; MI vintage Label S.L.U will bear the cost of collecting the product(s) sent by mistake as well as those of the delivery of the order that was originally placed.
9.5 Verification of Returns: The verification and examination of the products to be returned will be borne by MI Vintage Label S.L.U, who, once in their facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may result in the cancellation of the guarantee or cause a decrease in the value of the product.
In case the product is missing any of its elements, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal can not be applied in the following cases:
- If the product is not presented in perfect condition.
- If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, the use of seals and adhesive tapes applied directly on it is therefore forbidden.
- For products that are opened, without being able to prove that it has not been used.
- For software applications that are directly downloaded through the portal.
- For personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
- REIMBURSEMENTS:
10.1 Reimbursement of the shipping costs: If you request the refund of the return shipping costs, you must send the products by standard mail (standard letter). The shipping company or transportation method contracted are exclusively liable for such shipping. Any additional expenses derived from the contracting of fast delivery services will be borne by the Customer.
10.2 Reimbursement for returns: In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. MI Vintage Label S.L.U will not refund the amount or make any return of merchandise until verification has been performed (for the reception, state of packaging and accessories of the product subject of the return) or for any changes in our warehouse.
10.3 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the reimbursement, you must provide us with the following information:
– return number
– invoice number and order
– IBAN + 20 digits of your bank account.
10.4 MI Vintage Label S.L.U declines the reimbursement of the amounts if:
– the products are used or deteriorated, or their use has exceeded their nature.
– the products are missing any element.
- APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:
11.1 Guarantee:
If you are not happy with your purchase for any reason, you can return it and we will refund you with the amount you paid for that item. Please email on info@klueles.com for details and to let us know when you have shipped your return order. Items must be unused and returned in their original packaging and with their tags still attached. Please allow up to 15 days from receipt of your returned goods for your refund to be processed. Shipping charges will not be refunded. None of these terms affect your statutory rights. We cannot accept returns on final sale items. Returns must be made within 14 working days of delivery.
- Unless proven otherwise, it will be understood that the products are in accordance with the contract, as long as they meet all the requirements that are expressed below, except when due to the circumstances of the case, some of them are not applicable to them:
- a) They are in conformity to the description made by MI Vintage Label S.L.U.
- b) They are suitable for the uses to which products of the same type are ordinarily destined.
- c) They are suitable for any special use required by the client when he has notified MI Vintage Label S.L.U at the time of signing the contract, provided that he has admitted that the product is suitable for this use.
- d) They present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by MI vintage Label S.L.U.
- e) MI Vintage Label S.L.U describes the details, technical characteristics, and photographs of the products.
- Liabilities shall not apply in the event that the User knows or has not been able to ignore the lack of conformity at the time of conclusion of the contract or that it has originated from the materials provided by said User.
11.2 Defective products: For cases relating to a defective product, MI Vintage Label S.L.U must proceed with there placement, price reduction, or termination of the contract (as applicable). Such procedures will be free of charge for the User. MI vintage Label S.L.U is liable for the lack of conformity that is manifested within a period of two years from delivery, provided that the User informs MI Vintage Label S.L.U of the lack of conformity within two months of having knowledge of it.
11.3 Cases of cancellation of the guarantee: The guarantee is not covered for the following cases:
– Deterioration created by improper use of the product, inappropriate use, failure to comply with the instructions for use with regard to its usage and maintenance, or related to an improper installation,
– Use of the product outside the family and private setting, for example in intensive professional use, or
- ONLINE DISPUTE RESOLUTION
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/
- NULL AND VOID CLAUSES:
If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
- APPLICABLE LAW AND JURISDICTION:
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 pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of Barcelona (Spain).
- COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: MI vintage Label S.L.U
NIF B66748740
Address: Pg. San Juan 86 08013 Barcelona, Spain
Email: info@klueles.com
Data of the good / benefit to be abandoned:
Order / invoice number: ______________________________________________
Order date / invoice: ___________________________________________
Date of receipt of the product / service: ___________________________
Product / service description: __________________________________
_______________________________________________________________
_______________________________________________________________
Consumer / user data:
First name: __________________________________________
Tax Identity Code/ID: ______________________________________________
Home: _________________________________________
Population: _________________________________________
Phone: __________________________________________
Email: __________________________________
Right of withdrawal:
In accordance with article 68 of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, I inform you that I am withdrawing from the contract of sale of the good /service described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been completed.
Date of the request:
Signature of the consumer / user: