GENERAL CONTRACTING CONDITIONS
- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, Onlineology S.L. (hereinafter also the “Provider”), with registered office at Pg San Juan 86 bajos 08013 Barcelona, Spain Customer Service e-mail: email@example.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 makes a purchase on the on the website, 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, firstname.lastname@example.org
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.
Onlineology S.L. 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. Onlineology S.L. 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 Onlineology S.L. 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. Onlineology S.L. is a company specialised in the remote sale of luxury and designer second hand bags and accessories, certified with Entrupy Onlineology S.L. sells its products over the Internet through its website and instagram account @klueles_. Onlineology S.L. 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. The product’s authenticity is certified with the technology Entrupy.
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: Onlineology S.L. 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.
All information provided to us is by the respective sellers of the products. We do not take any responsibility for errors in the information or the photos supplied. If a customer is concerned about the accuracy of information displayed on the website we can supply them with most up to date information possible.
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 can contact klueles.com customer service to advise on this discrepancy.
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 Appeal: Onlineology S.L. reserves the right for this action (right of appeal), which is an action a customer can take if they are not satisfied with the quality of the product sold on http://www.klueles.com. The quality and authenticity of all products sold on the website is guaranteed by our third party partner Entrupy (which in turn serves as a financial guarantee for each product we sell). In the event that a lack of quality is detected, the Customer Service of Onlineology S.L. will suggest evaluate the request. If a customer decides to take the product for evaluation to a third party authentication service not partnering with Onlineology S.L. it will be at their expense. If the result of the third party authentication service does not coincide with the Entrupy result provided by Onlineology S.L. the customer will need to make a claim directly to Entrupy, as variation of results of authentication services is beyond the scope of our expertise and judgement. We do not take responsibility for discrepant results as we already provide a reliable third party authentication service for all of the products sold on klueles.com.
If the product differs in quality from what is advertised on the website and what has been communicated to the customer the customer has a right to request an exchange or a refund within 14 days of receiving the order.
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, Onlineology S.L. reserves the right to cancel the transaction for security reasons.
- PURCHASE PROCEDURE:
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).
Please check the Spam and Spam controls in your e-mail Inbox to make sure that you have received your order.
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.
Onlineology S.L. will provide Customer Service in a FREE manner, through our contact email email@example.com. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
We want to ensure that your experience when shopping on the Site is as seamless and hassle-free as possible. We use TNT to ship most of our international orders. You can contact us at any time on firstname.lastname@example.org 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 visa and master card payments and paypal for payment.
We also accept bank transfers on request. Please email email@example.com to request payment via a bank transfer.
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 Seller has accepted your order and shipped us the product, in which case we will release your Payment to Klueles; As soon as we receive the order from the seller the order will be authenticated within 48 hours and shipped in 96 hours to you. 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: 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 and MasterCard 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: 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.
Onlineology S.L. 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 firstname.lastname@example.org. 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 email@example.com. After 24 hours of delivery, no claims will be accepted for damage to the product.
8.5. Missing elements:
If there are any missing elements in your order- like a missing part of the product you have 24 hours upon receipt to contact customer service and notify them of the missing item. We will then ship them on our expense. If you contact us once the 24 hrs elapse we can send the missing items on your expense.
- RIGHT OF WITHDRAWAL:
Our products are preloved designer bags and accessories. We rely on our sellers to provide accurate information and photos on the website. We also authenticate each and every bag using the Entrupy third party authentication service, therefore there will be a certificate issued for each bag we sell unless we explicitly contact you and let you know that no certificate will be issued for that particular bag. We are not liable in the occasion where a seller sends us an incomplete package with missing elements. Our job as a business is to check the quality of the product, make sure it complies with the description and use Entrupy to guarantee the authenticity of the product supplies. For products that do not completely comply with the description because elements are missing you can contact customer service to notify is and we will communicate your complaint to the seller and facilitate their reply.
If you wish to return the product you can do so if the product is damaged or if it has qualitative differences in comparison to the product advertised on the website i.e. the color is different, or the product is in much worse condition than specified or we made a mistake and delivered you the wrong product. Remember that these are preloved products and they may not be perfect to their entirety. You can also request a refund if the item you ordered arrives without an Entrupy certificate.
We do not approve refund requests from clients that have decided to use external third party authentication services. If the reason for your refund is discrepancy in result from Authenticity tests you can contact us so we can provide you with the customer service number of Entrupy and request that the guarantee associated with your bag is effectuated.
When you decide to shop from klueles.com you choose us because you trust the quality control and the quality control of our Third- party authenticator Entrupy.
That being said, of course we are always happy to answer all of our questions and will evaluate each refund request with care and dedication to provide our customers the best shopping experience possible.
9.1 Right of withdrawal: If a refund is approved (as per our Terms of Agreement) the User has 14 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 (14) calendar days following receipt of the order) together with your contact information. Unless the return is made for plausible reasons mentioned in the terms of agreement the provider reserves the right to waive the right of withdrawal.
Once we approve the return we will provide you with a return number and instructions for the return procedure. You must send it to us through the mail firstname.lastname@example.org or by postal mail, always within the period of 14 calendar days upon receiving of the order. After this period you will not be able to request a refund.
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 14 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 by mistake in the order by Onlineology S.L.: 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; Onlineology S.L. 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.
9.3 Verification of Returns: The verification and examination of the products to be returned will be borne by Onlineology S.L. 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.
9.4 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.
10.1 Reimbursement of the shipping costs: In the case that a refund is accepted Onlineology S.L. will cover the shipping costs.
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. Onlineology S.L. 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 the product. 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 Onlineology S.L. 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.
- You have used a third party service to authenticate the product and it gives a result different than the one provided by the Entrupy certificate
- APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:
We do quality and authenticity inspection for every product we receive, therefore the product we deliver to you will come with an Entrupy certificate of authenticity and money guarantee. Onlineology S.L. will not be held liable for any defects that are beyond the scope of their own expertise.
- 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 above, except when due to the circumstances of the case, some of them are not applicable to them:
- a) 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 Onlineology S.L. 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 Onlineology and the certificate of authenticity provided by Entrupy
- e) Onlineology S.L. to the best of their knowledge checks the description of the details, technical characteristics, and photographs of the products which are in turn provided by the sellers.
- 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.
11.3 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
- 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: Onlineology S.L.
Address: Pg. San Juan 86 08013 Barcelona, Spain
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: ______________________________________________
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: