Terms and conditions

1. A) GENERAL CONDITIONS

 

1. SCOPE AND PURPOSE

The purpose of these clauses is to regulate the electronic sales service for items offered by BOUTIQUE SOL on the Internet from its Website (http://www.sol.moda) -hereinafter referred to as The Portal-.

The stipulations that make up these General Conditions are binding on LA BOUTIQUE SOL and the Users of the Portal who make an online purchase and form an integral and inseparable part of the electronic sales contract, which takes effect from the moment the order is placed by the customer.

The territorial scope of BOUTIQUE SOL's electronic sales service is limited to Spanish territory (including the Balearic and Canary Islands) and the Principality of Andorra. Orders requesting the shipment of items outside Spain and Andorra are not accepted.  

To fully guarantee the rights of consumers and users of BOUTIQUE SOL's online shopping service, these General Conditions are established in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other Complementary Laws, Law 7/98, of April 13, on General Contracting Conditions, Law 7/1996, of January 15, on Retail Trade Organization reformed by Law 47/2002, of December 19, Civil Code, Directive 2000/31/CE of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on information society services and electronic commerce and the regulations that develop them.

 

LA BOUTIQUE SOL, through its owner, will at all times ensure compliance with the current legal system, and will be entitled to interrupt, at its sole discretion, the online sales service or when it deems necessary to exclude a Registered Client from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in case of observing any conduct that, in the opinion of LA BOUTIQUE SOL, is contrary to these General Conditions, to the General Contracting Conditions that apply to this Website, to the Law, to the rules established by BOUTIQUE SOL or its collaborators, or that may disturb the proper functioning, image, credibility and/or prestige of LA BOUTIQUE SOL, its owner, or its collaborators.

 

2. IDENTIFICATION OF THE ONLINE CV OFFERER

In accordance with the provisions of article 10 of Law 34/2002 of July 11, LA BOUTIQUE SOL, through its Website and these General Conditions, allows permanent, easy, direct and free electronic access to the following information about the business and portal owner:

Ø  Owner of BOUTIQUE SOL and the Website: Ms. Isabel Marin Marin 

Ø  Registered Office of BOUTIQUE SOL: Passeig Compte d’Egara no. 7 - 08221 Terrassa (BARCELONA)

Ø  Tax ID: CIF Nº 34.742.049-C

Ø  Tel: +34 93 783 14 50

Ø  Email contact address:  contacto@sol.moda

 

Communications from BOUTIQUE SOL to registered users/customers will be made according to the data provided by them when registering on the portal. The User expressly accepts the use of email or the provided telephone number as a valid procedure for sending all communications related to the use of the Portal and/or the acquisition of items.

 

3. PURPOSE

These General Conditions regulate the provision of online purchasing services for articles offered by Ms. Isabel Marin Marin and the advertising directed to its users and/or clients, all through its SOL.MODA Portal, as well as the rights and obligations of the parties arising from the sales operations agreed between them.

 

BOUTIQUE SOL reserves the right to maintain, modify or interrupt access to the SOL.MODA Website, as well as the provision of the online purchasing service at any time and without prior notice, whether for technical reasons, security, control, maintenance, power supply failures or any other justified cause.

 

Consequently, Ms. Isabel Marin Marin does not guarantee the reliability, availability or continuity of her Portal, nor of the online purchasing Service, so its use by the registered Client/User of BOUTIQUE SOL is carried out at their own risk, and Ms. Isabel Marin Marin cannot be held responsible in this regard at any time.

 

4. EXCLUSIONS OF WARRANTIES AND LIABILITIES

 

Ms. Marin, owner of BOUTIQUE SOL, will not be responsible in case of interruptions of the online purchase service, delays, errors, malfunction of the same and, in general, other inconveniences that originate from causes beyond Ms. Marin's control, and/or due to intentional or negligent action by the registered Client/user of LA BOUTIQUE SOL and/or caused by unforeseen circumstances or force majeure.

 

Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all events occurring outside Ms. Marin's control such as: failure of third parties, operators or service companies, acts of Government, lack of access to third-party networks, acts or omissions of Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and hacker attacks or third parties specialized in the security or integrity of the computer system, provided that reasonable security measures have been adopted in accordance with the state of the art. In any case, whatever its cause, Ms. MARIN, owner of BOUTIQUE SOL, will not assume any responsibility, whether for direct or indirect damages, consequential damages and/or loss of profit.

 

Likewise, any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents of BOUTIQUE SOL's online purchasing service that may cause alteration in computer systems, as well as in documents or systems stored therein, is excluded.

 

Ms. Marin is not responsible for the use that the Registered Client of LA BOUTIQUE SOL makes of the Portal's online Services, or of their passwords, as well as any other material thereof, infringing intellectual or industrial property rights or any other third-party rights.

 

The registered Client of BOUTIQUE SOL undertakes to indemnify Ms. Marin for any damage, loss, sanction, expense (including, without limitation, attorney's fees) or civil, administrative or any other liability that Ms. Marin may suffer, in connection with or as a consequence of the breach or partial or defective compliance by them of the provisions of these General Online purchase Conditions or the applicable legislation.

Ms. Marin, as owner of BOUTIQUE SOL, will at all times ensure compliance with the current legal system, and will be entitled to interrupt, at her sole discretion, the online purchase Service or exclude the Registered Client from the Portal in case of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in case of observing any conduct that, in the opinion of Ms. Marin, Owner of BOUTIQUE SOL, is contrary to these General Conditions and/or the Law or may disturb the proper functioning of the online Service, image, credibility and/or prestige of Ms. Marin, BOUTIQUE SOL or her collaborators.

 

5. ADVERTISING AND PERSONALIZED OFFERS TO THE CUSTOMER 

 

The registered Client of BOUTIQUE SOL will receive only and exclusively those commercial communications via electronic means provided for in articles 21 and concordant articles of Law 34/2002 on Information Society Services and Electronic Commerce and in the GDPR (EU) 679/2018.

Any user browsing the Portal will have free access to the public information contained therein, although BOUTIQUE SOL reserves the right to restrict access to information, promotions and special offers to its registered customers.

The public information contained on the SOL.MODA website, referring both to the Boutique and to the brands, articles, logos of the wholesalers and manufacturers of the products and services offered for online purchase, are protected by legal provisions on intellectual and industrial property rights and, therefore, copying, transmitting, assigning, disposing of or using them by the customer is not authorized, unless with the express written consent of Ms. Isabel Marin Marin, the manufacturer of the article or the owner of the brands and/or logos.

 

6. OBLIGATIONS OF THE REGISTERED CUSTOMER

 

The Customer acknowledges and accepts that their use of BOUTIQUE SOL's Portal and/or its online shopping service will be at their own risk and/or responsibility.

Consequently, the registered Customer of BOUTIQUE SOL undertakes to use the online shopping service diligently, correctly and lawfully and, in particular, by way of example and not limitation, agrees to:  

1. a)Not to use the online shopping service in a manner, with purposes or effects contrary to the law, morality and generally accepted good customs or public order;

 

1. b)Only use the Portal for themselves and that the products purchased through the Portal will be for their own use or consumption or for the people on whose behalf they are legally authorized to act.

 

1. c)Not resell any products purchased through the Portal to other people.

 

1. d)Not reproduce or copy the articles and/or business initiatives of BOUTIQUE SOL.

 

1. e)Not to carry out any other act that may be considered a violation of any intellectual or industrial property rights belonging to Ms. Isabel Marin Marin, owner of BOUTIQUE SOL or third parties.
2. f)Not to introduce or disseminate any false, ambiguous or inaccurate information, data and/or content that may mislead the recipients thereof.
3. g)Not to impersonate other users/customers in the online shopping service and/or content of the Portal by using their registration keys.
4. h)Not to reproduce, alienate or dispose of the information published by GIROMAIL in all its contents without the express permission of the company itself.
5. i)Keep their personal keys with due diligence.
6. j)Faithfully use the online shopping service of the BOUTIQUE SOL Portal, refraining from manipulating the content of the portal, or interfering with its computer systems through viruses or other prohibited conduct under law.
7. k)Respect the purchase agreement once the order has been accepted, with the appropriate payment of the agreed price.

 

The registered Client of BOUTIQUE SOL will be liable for damages of any kind that Ms. Marin, owner of BOUTIQUE SOL, may suffer, on the occasion or as a consequence of the breach of any of the aforementioned obligations, as well as any others included in these General Online purchase Conditions and/or those imposed by Law in relation to the use of the Portal and the Online purchase service.

Ms. Marin, as owner of BOUTIQUE SOL, will at all times ensure compliance with the current legal system, and will be entitled to interrupt, at her sole discretion, the online purchase Service or exclude the Registered Client from the Portal in case of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in case of observing any conduct that, in the opinion of Ms. Marin, Owner of BOUTIQUE SOL, is contrary to these General Conditions and/or the Law or may disturb the proper functioning of the online Service, image, credibility and/or prestige of Ms. Marin, BOUTIQUE SOL or her collaborators.

 

1. B) PARTICULAR CONDITIONS.

PURCHASING PROCESS.

 

1. ARTICLE SELECTION

In the interactive online purchase process, the following steps will be followed according to the menu of options set out on the BOUTIQUE SOL Portal:

Ø  Information about the item offered to the customer: characteristics, description, photograph.

Ø  BOUTIQUE SOL informs that the data included in the information and photograph of the article have an informative function. BOUTIQUE SOL declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its reach to correct such errors or omissions as soon as possible after having been informed of them.

Ø  Information about the product price: the displayed information about the final price includes the acquisition price including VAT. Shipping costs are not included in the initial price determination, being broken down later and explicitly stated prior to order acceptance.

Ø  The final cost, therefore, will be communicated to the customer in the online purchase process before they formalize the acceptance of the order.

Ø  Possible discounts or promotional gifts will be freely directed by LA BOUTIQUE SOL to the customer groups designated at any time by LA BOUTIQUE SOL or depending on the item offered, according to the existing advertising at any time on the Website or Instagram.

Ø  The acquired item may undergo, due to manufacturer availability, non-substantial modifications in the components, characteristics or features of the lot that comprise it, as long as they do not imply a detriment to the advertised qualities and features.

Ø  LA BOUTIQUE SOL reserves the right to modify the price of the items offered through its Portal or Instagram at any time. To guarantee the customer the certainty and security of the price of the items they purchase, this will be the one in effect in the advertisement coinciding with the moment of placing the order.

 

2. PURCHASE PROCESS

As a first step to formalizing the purchase, the User must include the item they intend to purchase in the "shopping cart" by clicking on the "buy" box of the selected item(s) and indicating the quantity of items they wish to purchase.

Once the item(s) have been added to the "shopping cart", a window called "process order" will appear, showing the chosen product, quantity, selling price, taxes, discounts (if any), shipping costs and total price.

 

Next, the following steps must be followed to continue with the order processing:

 

1. Complete buyer's personal data: In this first section, the buyer will be able to create their account and identify themselves as a SOL BOUTIQUE buyer by providing the following data: Name, surname, email address and optionally their date of birth.

 

It is not mandatory to create an account to shop at SOL BOUTIQUE, but creating one will save you time on your next order by not having to re-enter your details.

 

You are also offered the option to subscribe to our newsletter if you wish, and you will be asked if you want to receive offers.

 

Before moving on to the next section on shipping and billing addresses, you must accept these general terms and conditions and the privacy policy. We advise you to read them carefully and in their entirety.

 

2. Shipping and billing addresses

In the section called Addresses, the buyer can choose the delivery address for the item/s selected, and will be asked if this address should also be used for the invoice.

1. Shipping method

In point 3 of the order processing, the buyer will be able to choose the delivery method from the following 2 options:

• Pick up at the store located in Terrassa, Passeig Compte d’Egara no. 7 08221, or
• Home delivery in 24/72h within Spain (free shipping for purchases over €120)
• Home delivery within the EU (free shipping for purchases over €150)

1. Payment

To finalize the purchase contract, acceptance of payment is required.

The only payment methods accepted by SOL BOUTIQUE from which the buyer must choose are:

• Payment by bank transfer to the designated SOL BOUTIQUE current account
• Payment by credit card. Accepted credit cards are those that will appear in the payment section.

Payment will be made at the time of order confirmation. To guarantee the security of the transaction, SOL BOUTIQUE uses an encrypted and secure payment gateway. The charge will be made online, i.e., in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the provided data is correct.

In case of payment denial by the bank, SOL BOUTIQUE may terminate the contractual relationship and suspend the execution of the order, notifying the user/customer. SOL BOUTIQUE reserves the right of ownership over the items requested by the user/customer until full payment for the order is confirmed.

 

3. PURCHASE CONFIRMATION. PURCHASE SUBJECT TO FINAL APPROVAL.

Upon making the purchase, the customer will receive an order confirmation with the terms of the acquisition within a maximum of 24 hours to the email address provided. This document will not be considered a purchase until receipt of payment is confirmed.

The user/buyer must verify the received confirmation and immediately notify in case of any error. Otherwise, the request will proceed as usual.

Users who have registered and have an account at SOL BOUTIQUE online can consult the purchase formalization document at any time in the "Log in" section of their account. The language used for the formalization of the contract will be Spanish.

Purchase subject to final approval: The commitment undertaken by SOL BOUTIQUE to sell and deliver the offered items is subject to the stock of the advertised item and its availability until supplies last, so SOL BOUTIQUE, in its commitment to quality and customer service, always tries to ensure that advertised items are available or to provide prior notice when an item is out of stock. However, should exceptional circumstances of interactive multiple orders occur or any other circumstances that lead to the depletion of the product, the order and the contract signed between the parties will be null and void under this termination clause, fully refunding the customer the amounts paid in case of prepayment, without any compensation being due to either party for breach of contract, direct damages or loss of profit.

 

4. CONTRACT EXECUTION. DELIVERY PERIOD. DELIVERY LOCATION.

The approximate delivery time for home deliveries is between 24/72 hours (working days), depending on supplier availability. Deliveries will only be made in the Peninsula, Balearic Islands, Canary Islands, and Andorra.

SOL BOUTIQUE applies rigorous quality control to all orders to ensure that your order is complete, accurate, and delivered within the appropriate timeframes.

 

Delivery times will be considered fulfilled when the transport company makes the product available to the customer or a person authorized by them, or when it attempts to deliver to the designated address and delivery cannot be made due to a cause attributable to the customer. The address will be determined by the customer during the purchase process. Subsequent modification of the delivery location requested by the customer may generate additional costs to the price, which will be borne by the buyer. Delivery times will also be considered fulfilled if the order is not delivered to the recipient due to force majeure or unforeseen circumstances by the scheduled date.

 

Orders that cannot be delivered within seven days of leaving SOL BOUTIQUE for reasons not attributable to SOL BOUTIQUE will be returned to SOL BOUTIQUE, and the buyer will be refunded the amounts paid for the cost of the items (shipping costs paid will not be refunded), without any claim for damages, present or future, direct or indirect, or under the modalities of consequential damages or loss of profit.

SOL BOUTIQUE accepts no responsibility for delivery delays caused by circumstances beyond its reasonable control and will be entitled to an extension for their execution; examples of these circumstances, but not limited to, include strikes, acts of terrorism, war, transport problems, supply or production, exchange rate fluctuations, government action, and natural disasters.

Upon delivery of the ordered items, the customer must sign the delivery note, confirming receipt of the delivery. The customer's confirmation on the delivery note implies a waiver of any type of claim or complaint regarding the ordered and received merchandise.

If you detect any damage or anomaly in the packaging, it is an essential condition for any eventual return to proceed:

Ø  That you have noted it in the observations section of the carrier's delivery document.

Ø  That you notify SOL BOUTIQUE within a maximum of 24 hours (by sending an email to contacto@sol.moda) so that we can assess and handle the incident.

 

If these conditions are not met, SOL BOUTIQUE will not assume any responsibility for said merchandise.

 

5. RIGHT OF WITHDRAWAL – RETURNS.

Customers who wish to cancel or expand orders before receiving the Products must first contact and agree with SOL BOUTIQUE at the email address contacto@sol.moda. In case of order expansions, shipping costs might increase, which will be specified for each particular case. In any other case, if the customer wishes to cancel an order, they must proceed with its return, as indicated below.

 

In application of Law 7/1996, of January 15, on Retail Trade Regulation, modified by Law 47/2002, of December 19, and articles 101 and 102 of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other Complementary Laws, the customer will have the right to revoke the requested order within a maximum period of fourteen (14) calendar days from receipt of the product, upon prior communication to SOL BOUTIQUE within that period, so that appropriate return channels (order number, and method and delivery address of the return shipment) are established, with a refund of the price paid for it.

 

The withdrawal communication must be sent to the email address contacto@sol.moda, indicating whether the return will be made personally by the customer at the SOL BOUTIQUE facilities or if the items should be picked up at the customer's home.

In the event of exercising this right of withdrawal, the shipping costs for the return will be borne by the customer, unless the return is made personally by the customer at the SOL BOUTIQUE facilities.

Once the 14 calendar day period has expired, SOL BOUTIQUE will not accept returns due to withdrawal from purchases of items.

   

Exclusions: The Customer will not have the right of withdrawal in the cases established in the applicable regulations and, in particular, by way of illustration and not limitation, in the following cases:

 

• For items used by the customer, or for products manipulated by the customer, or for items returned incomplete in their main or accessory elements.

 

• For merchandise or orders that, due to their special characteristics, can be considered custom-made to the customer's request, for products made according to the customer's specifications or clearly personalized.

 

• For hygiene reasons and because they are delivered without a sealed seal, returns of intimate apparel such as swimwear, underwear, masks, etc., are also not allowed.

 

• The return of sealed goods that are not suitable for return for health protection reasons and that have been unsealed after delivery is also not permitted.

 

In any case, the product must always be in the same condition in which it was received, with the original labeling intact.

Except in cases where the return takes place at the store's facilities, once the return is requested and accepted, SOL BOUTIQUE will schedule home pickup of the items and inform the customer by email of the date and time of pickup, upon prior payment by the customer of the collection and shipping costs of the returned items.

Price Refund: The Customer will be entitled to a refund of the price of the items, in case of exercising the right of withdrawal, provided that the returned items are in the same condition in which they were delivered, have intact labeling, including especially hanging tags for clothing, have not been used, washed, damaged, unsealed, or lost before reaching SOL BOUTIQUE facilities, and provided that the exclusions established in these Online contracting conditions are not met and the requirements established herein are met.

After receiving the returned items, SOL BOUTIQUE will verify their suitability and condition at its facilities, reserving the right not to issue a refund if it detects that the purchased item(s) and the returned item(s) do not match or that the return has not been made in accordance with these Online contracting conditions.

SOL BOUTIQUE will proceed with the refund of the price paid using the same payment method used by the Customer to purchase the items, once the condition of the returned items has been checked and the return costs have been deducted when the items have been collected from the customer's home. The order for the price refund will be processed within forty-eight (48) hours from the confirmation of arrival of the returned order and, in any case, within a period not exceeding 14 calendar days from when the Customer communicated their withdrawal by email to contacto@sol.moda.

The application of the price refund to the Customer's account or card will depend on the card and the issuing entity. The usual period for applying the price refund will be up to seven (7) calendar days for debit cards and up to 30 calendar days for credit cards.

Return of defective items: In accordance with applicable law, the Customer has the right to a refund of the price, shipping costs paid, and return transport costs for defective items or items delivered that do not correspond to the order placed by the Customer. In all other respects, what has already been stated for the return of items in this section on the right of withdrawal applies. For any questions about the return process, the Customer can contact SOL BOUTIQUE at contacto@sol.moda.

6. WARRANTY

All articles are guaranteed against manufacturing defects for a period of two (2) years from the date of delivery, as established by current regulations. The Customer must report the manufacturing defect within a maximum period of two (2) months from the date they became aware of it, by writing to contacto@sol.moda.

The guarantee offered by SOL BOUTIQUE corresponds to that established in Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.

The warranty cannot be invoked for any deficiencies caused by negligence, blows, improper use or handling, incorrect washing, drying, or ironing, nor for materials subject to normal wear and tear, or use not in accordance with the instructions for use or washing. Articles modified, repaired, integrated, or added by the Customer or by any other person not authorized by SOL BOUTIQUE are excluded from the warranty.

The warranty will not apply to apparent defects and conformity defects of the product, for which any claim must be made by the Customer within 7 days following the delivery of the items, under penalty of expiry. The warranty will not cover items damaged during transport.

For the Customer to exercise the warranty, it is essential to keep the proof of purchase of the Items. If the Customer lacks the proof of purchase, or if any of the data on the warranty of the Items provided or the proof of purchase are modified, altered, or replaced, the Customer will not have the right to exercise the warranty.

In the event that an Item is not compliant, SOL BOUTIQUE cannot guarantee its replacement. However, if the requirements indicated by consumer law are met, SOL BOUTIQUE will refund the Customer the full price of the non-compliant Item or a part of it, as appropriate in accordance with current legislation.

 

7. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.

These conditions shall be governed by Spanish law, which shall apply to matters not provided for in these online contracting conditions regarding interpretation, validity, and execution.

The parties expressly waive any jurisdiction that may correspond to them and expressly submit to the Courts of Terrassa for the resolution of any dispute that may arise in the interpretation or execution of these contractual conditions.