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CONDICIONES DE USO Y VENTA

Actualizado el 20.04.2016

Object and generalities

The present General Terms of Use and Sale (from now on the "Terms of Use and Sale") regulate the terms of use and sale of the website www.brasilchic.net (from now on the "Website"), ownership of Don Arturo Import-Export, Ltd. (from now on "DAIE") and the terms of purchasing products and contracting of services offered through the Website (from now on "Products" and "Services", respectively).

Brasilchic is a Products and Services online commercialization Website offered by Don Arturo Import-Export, Ltd., a society of Spanish nationality established in St. Turquesa, number 12, 47012, Valladolid - Spain. Don Arturo Import-Export, Ltd. is registered in the Mercantile Registry of León, Volume 1244, Sheet 6, Page LE-21855, VAT number B-24643462.

By these Terms of Use and Sale, the user accepts becoming partner of the Brasilchic Club and his/her data will form part of the "web users" file of the mentioned society, and this file will be treated according to the terms included in the Privacy and Cookies section.

DAIE gives information about Products and Services, owned by Brasilchic or by its partner companies, and offers the possibility of their acquisition and hiring through the Website. People who want to surf the Website, as well as acquire or hire Products or Services, must have the condition of "Partner", which is obtained completing the registration form, accepting the present Terms of Use and Sale, Privacy and Cookies and following the subsequent steps provided by DAIE via email.

These Terms of Use and Sale are the only terms applicable to the Website and the purchase of Products or Services through the Website, and replace any other terms or conditions, excepting previous written agreements between DAIE and the Partner. Consequently, the Partner or user (that is to say, the natural or legal persons that do not have the condition of Partner, from now on "Users") who enters the Website and/or purchase Products and Services through the Website accept to obey the Terms of Use and Sale, exactly how they are written at the time when he/she enters the Website.

Every Partner or User who enters the Website must be 16 years or older, with enough legal capacity to conclude contracts.

The terms written in capital letters that are not specifically defined by these Terms of Use and Sale will have the meaning given by Brasilchic on the Website.

Information about Products and Services

The descriptions of the Products and Services (as they are defined later) offered on the Website are developed taking into account the information and documents provided by DAIE's suppliers and collaborators.

The photographs, graphic and iconographic representations and videos regarding the Products and Services, as well as the commercial names, brands or any kind of distinctive signs included on the Website, have as their object to provide the Partner with the greatest possible amount of information.

In the case that, because of force majeure or other events that are DAIE's responsibility, the Product or Services is not available after completing the purchase, DAIE will email the Partner to inform him/her about the total or partial cancellation of his/her order. In the case of a total cancellation, the total price of the order will be refunded; in the case of a partial cancellation, only the price of the unavailable Products or Services will be refunded. If a Product is not delivered in the cases of orders that include packs of Products or complementary Products, the Partner will be able to return the other delivered Products without any cost. 

The products sold by DAIE are mainly handcrafted, so a minimum difference between units may exist. DAIE's clients benefit from the trust offered by expert craftsmen that make our items using premium quality materials. DAIE is not responsible for defects or imperfections due to a wrong use or manipulation of the material, or for the wear produced by its normal use. The decreases in their functionality, due to the limitations during their conception, are also excluded from DAIE's responsibility. 

In this respect, the Partner must accept the particular conditions of the Product (including, without limitation, the observance of any established terms, conditions, rates and reserves) before its purchase. These Terms of Use and Sale can be modified by the corresponding particular conditions of sale of the Product. In the case of conflict or contradiction, the particular conditions of sale will prevail over the present Terms of Use and Sale.

Consequently, the Partner will have to read carefully the particular conditions of sale, whose are understood as accepted when the Partner purchase the Product, in addition to the Terms of Use and Sale.

Prices of the Products

All the prices presented on the list of our Products www.brasilchic.net include VAT, for the countries where it is applicable, and are valid unless transcription errors or computer problems. However, these prices do not include the shipping costs of the Products. These costs are detailed during the payment process and have to be accepted by the Partner when he/she confirms the order. The Products will be invoiced at the effective price at the moment when the order is confirmed.

Regarding the Value-Added Tax, as a general rule, the tax rate of 21 % will be applied in all the European Union territory where this tax is applicable. All the companies established in countries from the European Union which have an intra-community VAT number will be exempt from this tax, with the only exception of Spain. No VAT will be charged for any other country; however, each country's customs systems will charge their corresponding tax burdens, which will have to be paid by the recipient of the goods.

Due to their special tax systems, the geographical territories of the Canary Islands, Ceuta and Melilla are considered non-EU territories. Therefore, the purchases done by inhabitants of these territories are exempt from paying VAT (customs charges and import duties are not included neither in the price of the item nor the shipping, and will have to be paid by the recipient of the goods). 

The dollar and other foreign currencies prices shown by the Website www.brasilchic.net are illustrative and the result of applying the daily exchange rate between dollars and euros, this is the reason why the prices may fluctuate. 

The prices displayed at www.brasilchic.com can be reviewed and modified at any time if the conditions require it. 

Purchase of Products and confirmation of orders

The purchase of Products by the Partner on the Website is done following the procedure established by the orders section.

Brasilchic will send an acknowledgement and confirmation of the purchase email to the Partner in a period of twenty-four (24) hours after the Partner's confirmation of the order. The order of Products and, subsequently, the contract, will be understood as confirmed and improved at the time when DAIE receives they payment.

Prices of the Products

The payment of the price and the shipping costs of the Products purchased on the Website is done at the time when Brasilchic sends an acknowledgement and confirmation of the purchase email.

The proof of purchase regarding the order or Products will be available at the section "My purchase: History and detail of my Orders". The Partner will be able to download the invoice of the order from this section as well. The Partner will have to pay by Visa, Mastercard, American Express, Visa Electron and other similar credit or debit cards, by PayPal or by bank transfer.

The Partner will be responsible for notifying Brasilchic, via email, of any incorrect or fraudulent charge on the card used to buy on the Website in the shortest possible time, so DAIE can manage the problem.

DAIE assures the greatest safety measures comercially available in the sector. In addition, the payment process works on a secure server using an SSL (Secure Socket Layer) protocol. The secure server establishes a connection in a way that makes the information to be transmitted encoded, through 128 bit algorithms, that guarantees that the only computers that understand it are the Partner's and the Website's ones. Thank to this, using the SSL protocol assures:

(i) That the Partner is giving his/her data to DAIE's server and no other.

(ii) That data are encoded during their transmission between the Partner and DAIE's server, preventing their possible reading or handling by third parties.

Additionally, DAIE states that it does not have access or collects sensitive data regarding the payment method used by the Partner. Only the corresponding entity that processes the payment has access to these data to manage payments. Once the buying process has finished, an electronic document in which the contract is formalised is created. The Partner can print this document, and it is stored at the section "My Account: History and detail of my Orders".

For its part, DAIE, safeguarding the safety of its Partners and their transactions through the Website, informs its Partners that it has implemented a policy to detect possible fraudulent operations, so DAIE reserves the right to ask for information, confirmations and/or additional documents to the Partners, even after completing one or more purchases through the Website, by phone call or email to the number or account given by the Partner, for the purpose of confirming that the Partner has effectively made and authorised the mentioned purchase(s), and/or that its delivery or return has been correctly done and, this way, authorise definitely the corresponding transaction(s), about which DAIE will be able to request, including, but not limited to, different verifications about the Partner's identity, or:

(a) A written confirmation and consent, signed by the Partner that is responsible for the respective purchase(s);

(b) A copy of the current official identification with a photograph of the Partner to confirm his/her identity.

DAIE is responsible to keep this information and documents under the highest safety measures available, respecting the terms of the valid Personal Data Protection Act.

If the Partner does not respond favourably or does not provides DAIE with the requested documents and information in a period of 48 hours from the phone call or the delivery of the email, the transaction(s) that are detailed in the mentioned communication and the corresponding order(s) can be automatically cancelled, without the necessity of a reminder or responsibility for DAIE, for purposes of Partner's safety, and DAIE will proceed to the automatic refund of the amount(s) paid by the Partner for the mentioned purchase(s).

The purpose of this procedure is to assure the safety of Brasilchic's Partners, and thus, the Partner, by accepting these Terms of Use and Sale, accepts to be subject to the procedure of detection of possible fraudulent operations previously mentioned, without any responsibility for DAIE, and authorises DAIE to, once the Partner gives it the information and additional documents previously mentioned, use them for future transactions made by the Partner him/herself.

Cancelling and adding Products to orders

In order to cancel an order or add new Products to an order, the Partner must follow the steps available at the section "My account: History and detail of my Orders". Cancellation or addition requests will not be accepted via email. DAIE reserves the right to cancel orders in the cases and according to the terms and conditions detailed in the section "Payment of Products" of the present Terms of Use and Sale.

Intellectual and industrial property

"Brasilchic" is a trademark, registered at the Spanish Patent and Trademark Office with the number M3501168, at the Trademark Registration Office of the European Union and at the National Patent and Trademark Institute (INPI Brazil), so any use of this trademark or any similar identifying sign that can lead to misunderstandings, or ownership by third parties without a previous written authorisation by Don Arturo Import-Export, Ltd., is expressly prohibited.

The websites www.brasilchic.net, www.brasilchic.es, www.brasilchic.com.es, www.brasilchic.com.br and www.brasilchic.eu are domains registered by Don Arturo Import-Export, Ltd. These domains and the brand "Brasilchic" cannot be used, unless previous express written authorisation by DAIE, regarding other Products or Services that are not ownership of Don Arturo Import-Export, Ltd., preventing misunderstandings between our clients or discredit for Don Arturo Import-Export, Ltd.

DAIE holds all the rights on the content, design and source code of the Website and, specially, including but not limited to, on the photographs, pictures, texts, logos, designs, brands, commercial names and data included on the Website.

In addition, and notwithstanding the foregoing, the content of this Website has the consideration of computer programme, and therefore all the laws from Spain and the European Union that are valid on this subject are applicable.

Total or partial reproduction of this Website and all its contents, even using a hyperlink, is expressly prohibited without previous written authorisation by DAIE.

The copy, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action implying an infraction of the Spanish and/or international valid laws about intellectual and/or industrial property is also prohibited, as well as the use of the web contents without express written authorisation by DAIE.

DAIE informs that it does not gives license or express or implicit authorisation over the intellectual and/or industrial property rights, or any other right or property direct or indirectly related to the contents included on the Website.

DAIE's responsibility

Without prejudice to the applicable law, DAIE's responsibility regarding the Products acquired through the Website will be limited to the acquisition price of the mentioned Products.

DAIE is not responsible for any derived responsibility, including but not limited to:

a) For the use that the Partners or Users may do of the materials from the Website or linked websites, both prohibited and permitted, against the intellectual and/or industrial property rights of contents of the web or third parties.

b) For the eventual damages caused to the Partners or Users as a consequence of a usual or unusual functioning of the search tools, of the organisation or localisation of the contents and/or access to the Website and, generally speaking, of the errors or problems derived from the development or instrumentation of the technical elements provided by the Website or a programme.

c) For the contents of those sites that the Partners or Users may enter from links included on the Website, authorised or not.

d) For acts or omissions by third parties, regardless of the possible contractual link between DAIE and these third parties.

e) For the access of minors to the contents of the Website, being responsibility of their parents or legal guardians the adequate control over the activity of their children or minors, or the installation of control of the Internet tools, with the purpose of preventing them from entering adult/mature content, as well as from sending personal data without previous authorisation given by their parents or legal guardians.

f) For the errors or delays entering the Website, when the Partner enters his/her data in the Order Form, the slowness or impossibility of receiving the confirmation of the order or any anomaly that may happen when these incidents are due to problems related to the Internet, fortuitous events or force majeure, and any other unpredictable eventuality not regarding DAIE's good faith.

g) For errors or incidents that may occur during the communications, erasure or incomplete transmissions, so the constant effectiveness of the Website is not guaranteed.

h) For errors or damages against the Website because of an inefficient and bad faith use by the Partner or User.

i) For the lack of effectiveness or problems with the email address given by the Partner for the delivery of the confirmation of order.

DAIE commits itself to solve any eventual problem and to offer all the necessary support to the User, in order to achieve a fast, satisfactory solution of the events that may happen on the Website.

Additionally, DAIE has the right to make, during well defined periods of time, promotional campaigns destined to promote the registration of new members at its service. DAIE reserves the right, always meeting the applicable law, of modifying the conditions of application of the promotions, extending them after due communication, or proceeding to the exclusion of any participant in the promotion if it detects any anomaly, abuse or unethical behaviour at their participation (for instance, massive purchases, commercial activities, fraudulent activityes, among others).

Partial nullity

In case that any Clause of these Terms of Use and Sale is declared void, all the other Clauses will still be valid and interpreted taking into account the choice of the parties and the purpose of the mentioned Terms of Use and Sale.

Non-exercise by DAIE of any right derived from these Terms of Use and Sale will not be interpreted as a waiver of that right, unless express written waiver by DAIE, or prescription of the action that corresponds each case.

Modification of the Terms of Use and Sale

DAIE reserves the right of modifying, at any time and without notice, the presentation and configuration of the Website, as well as of the Terms of Use and Sale and Privacy Policy. These Terms of Use and Sale will be always available at a visible place, freely accessible for Partners and Users, for any search they may need to make. Partners and Users will have to read these Terms of Use and Sale carefully every time they enter the Website. In any case, the acceptance of the Terms of Use and Sale that are applicable at each time will be a previous, unavoidable step to the purchasing of any Product or Service available on the Website, so the modifications that DAIE may make will not be applied if they have not been previously accepted by the Partner.

Communications between DAIE and the Partner

All the communications between DAIE and the Partner regarding these Terms of Use and Sale or the acquisition of Products and Services through the Website will be written, through the section "Contact us", and in accordance with the communication procedures established by these Terms of Use and Sale for each particular case. 

Additionally to the section, DAIE also puts at the disposal of the Partner the contact email admin@brasilchic.net.

For the rest of assumptions that are not expressly regulated by these Terms of Use and Sale, the communications that the Partner wants to send to DAIE will addressed to the address that DAIE indicates in the Clause 1, and will be written and by a system that allows to confirm the content and the receipt of the corresponding communication by DAIE.

Integrity of the Terms of Use and Sale

The present Terms of Use and Sale, and the contract documenting the Partner's acquisition of the Products or Services, constitute the only and express will of DAIE and the Partner regarding their object, and voids and replaces any other verbal or written agreement or contract previously signed by the parties. Any modification of these Terms of Use and Sale or the contract documenting the acquisition of Products or Services will have to be written, by mutual agreement between DAIE and the Partner.

Transfer of rights and obligations

Both DAIE and the Partner will be free to transfer and/or transmit, at any time and in accordance with the applicable law, the rights and obligations regarding these Terms of Use and Sale, or the acquisition of Products and/or Services through the Website. The party that has transferred his/her rights is obliged to notify it to the other party, providing the identity of the person/entity to whom the mentioned rights and obligations were transferred. The mentioned notification will have to be written and by means that assure its receipt.

Applicable law and jurisdiction

The present Terms of Use and Sale are governed by Spanish legislation.

In case of controversy or disagreement derived from the purchase of Products and/or Services through the Website, and/or the present Terms of Use and Sale, and for the resolution of any conflict, the parties agree to obey, at their free choice, and waiving any other jurisdiction to which they may have right, the courts and tribunals from the city where the Partner or User has his/her home address.