These general sales conditions (hereinafter also "GSC") regulate the purchases of clothing products and accessories branded EL PETIT BALLET (the "Products") made by any individual qualifying as a consumer (the "Client") - that is, a natural person who signs a contract to meet the needs of everyday life outside commercial, business, professional or trade activity (as provided for in Royal Legislative Decree 1/2007, of November 16, by the that the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved) - on the e-commerce website elpetitballet.shop. The seller reserves the right not to respond to orders from subjects not covered by the legal definition of "consumer".
The Client is informed that:
- Orders can only be made by people of legal age and who are not in legal incapacity conditions.
- The language in which the Contract is celebrated is Spanish. In case of conflict between the versions of the General Conditions prepared in a language different from that held by the user, the meaning and interpretation of the General Conditions in the user's language will prevail.
ARTICLE 1 - Object and conclusion of the contract
With these general conditions of sale, EL PETIT BALLET SHOP sells to the Customer, who purchases from a distance, the Products offered for sale on the site elpetitballet.shop (the "Site").The contract is concluded exclusively through the Internet, through the Client's access to the website elpetitballet.shop with the sending of a purchase order according to the procedure provided by the site itself and its acceptance by EL PETIT BALLET SHOP . The purchase order sent by the Customer through the Site is equivalent to a request for the conclusion of a contract and is governed by the present general terms and conditions of sale, which the Customer himself is obliged to accept fully and without reservation. To this end, before proceeding with the order, the Client undertakes to read these GTC and the pre-contractual information provided on the page.The sales contract comes into force with the shipment, by EL PETIT BALLET SHOP to the Customer, of an email confirming the order. The email contains the customer's data, the order number, the purchase price of the merchandise purchased, the shipping costs and the delivery address to which the merchandise will be sent.The Client undertakes to verify the accuracy of the personal data contained therein and to notify EL PETIT BALLET SHOP without delay of any correction.In the confirmation email of the order, the Customer will also receive the link to download and save a copy of these General Conditions of Sale, according to the provisions of art. 98 Royal Legislative Decree 1/2007, of November 16.
ARTICLE 2 - Pre-contractual information for the consumer - art. 60 of the Royal Legislative Decree 1/2007
The CLIENT, before the conclusion of the purchase contract, will know the characteristics of the products that are illustrated in the individual product sheets at the time of the choice by the CLIENT. Before the conclusion of the purchase contract and before sending the order, the Client will also be informed about:-identification of the seller; -the total price of the goods, including taxes, with the details of the shipping costs and any other costs; -Payment Methods; -the term in which EL PETIT BALLET SHOP undertakes to deliver the goods that will normally be between 3 and 30 days (depending on stock availability); - the conditions, terms and procedures to exercise the right of withdrawal (Article 6 of these conditions), as well as the withdrawal form based on Annex B of Royal Legislative Decree 1/2007, of November 16; - existence of a legal guarantee of conformity for the acquired goods; - After-sales service conditions and anticipated commercial guarantees.
ARTICLE 3 - Availability of products
The availability of the products cannot be precisely determined since, due to the simultaneous presence on the Site of several users, the Products could be sold to other Customers before confirming the order.When the products subject to the order are not available for reasons beyond the control of EL PETIT BALLET SHOP, the order will be automatically corrected by eliminating the unavailable product.The Client accessing the Site may have access to the Products that can be purchased in the Country where the Site is located. The products purchased may be delivered exclusively in the territory of the country where the site is located.
ARTICLE 4 - PricesAll the sale prices of the products indicated on the Site are expressed in EUROS and include all taxes payable by the consumer.The shipping costs are not included in the price of the Products, but they are indicated and calculated at the moment of the conclusion of the purchase process and before making the payment.The Client can use for the purchase the promotional coupons offered by EL PETIT BALLET SHOP as part of promotional campaigns. Such coupons can be used exclusively according to the methods indicated in the coupons themselves, they cannot be used retroactively and / or transferred to third parties. It is not possible to cumulatively use several promotional coupons for the same order. If for any reason, even due to the cancellation or return of the Customer, the total value of the order must be less than the value of the coupon, EL PETIT BALLET SHOP reserves the right to charge the original price of the goods that remain in possession of the Client. Promotional coupons will not be refunded if the buyer decides to return the goods in whole or in part.
ARTICLE 5 - Forms of payment
EL PETIT BALLET SHOP accepts different payment methods, including, for example, credit card, debit card, PayPal and bank transfer.If you pay by credit card, debit card and PayPal, the actual debit of the order amount will only take place when the order is complete and ready for shipment.Payments can also be made using promotional coupons.The communications related to the payment and the data communicated by the Client at the moment in which this is done, are carried out in special protected lines. The security of payment by Credit Card is guaranteed through the encrypted transmission protocol of the TLS (Transport Layer Security) data.For every order placed on the Site, at the time of payment, EL PETIT BALLET SHOP will issue a receipt for the merchandise sent. This document is available and is printable after the completion of the order, in the "My orders" section.
ARTICLE 6 - Right of withdrawal
In accordance with the legislation in force, the Customer has the right to desist from his purchase without any penalty and without giving any reason, within 14 days from the date of receipt of the products.The Client wishing to exercise the right of withdrawal must communicate it by means of an explicit declaration, which can be transmitted either through the means indicated in the return instructions contained in the package received with the merchandise, or by entering the "My Orders "from the page" Personal area "on the site elpetitballet.shop, with the creation of a digitalized return request. In any case, the exercise of the right of withdrawal will not be subject to any formality, sufficing that it be accredited in any way admitted by law as established by the law of consumers and users.In case of exercising the right of withdrawal, the Customer must return the goods within 14 days from the day on which he communicated to the seller his intention to terminate the contract in accordance with art. 108 of the Royal Legislative Decree 1/2007.The goods must be returned to EL PETIT BALLET SHOP by the means that the Client considers appropriate to the address: The Petit Ballet Shop. Gurrea, 80. 08202 Sabadell (Spain)It is the responsibility of the Client to correctly follow the return instructions indicated on the Site (on the next Returns page) for the return.The products must be returned intact, in their original packaging, complete in all its parts (including price tag, packaging material and any documentation and accessories) and with its accompanying tax documents.Without prejudice to the power to verify compliance with the foregoing, EL PETIT BALLET SHOP will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days.The Client is responsible for the reduction of the value of the goods resulting from a handling other than strictly necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, scratches, removal of labels, removal of pendants, deformations, etc.), without any of its parts and accessories (including intact labels) and attached to the product), without the instructions / notes / manuals attached, without original packaging or packaging and without the warranty certificate, where applicable, the Customer will respond to the decrease in the value of the merchandise, and will be entitled to reimbursement of the product. an amount equal to the residual value of the Product.As provided in art. 107.3 of Royal Legislative Decree 1/2007, EL PETIT BALLET SHOP may suspend the reimbursement until the receipt of the goods or until the Client has presented proof of the return of the goods to the seller, according to which condition is fulfilled first. EL PETIT BALLET SHOP will make the reimbursement using the same payment method chosen by the Client during the purchase.
ARTICLE 7 - Legal guarantee of conformity – Usage procedure
In accordance with the effects of European Directive 44/99 / EC and Royal Legislative Decree 1/2007, the Seller guarantees to the Consumer that the Products will be free of defects in design and materials and conform to the descriptions published in the Website for a period of two (2) years from the date of delivery of the Products to the Customer.Upon arrival of the merchandise, the Consumer shall have the responsibility to review the Products in the shortest time possible and to report any defect and lack of conformity within a maximum period of two (2) months from the detection, transmitting to the Service of Customer Service of EL PETIT BALLET SHOP, by means of the corresponding form duly completed, with a precise indication of the defect and / or the lack of conformity identified, as well as the related documentation indicated on the return form itself (at least one photograph of the Product, the confirmation of the order transmitted by the Seller and the receipt). Failure of that period of two months shall not entail loss of the right to sanitation appropriate, responsible consumers and users, however, damages actually incurred by the delay in communication, as legally established in the Law of consumers and users.Upon receipt of the module and related documentation, EL PETIT BALLET SHOP will evaluate the defects and non-conformities reported by the consumer and, after performing the quality controls to verify the actual non-conformity of the Product, will authorize the return of the Products giving the consumer a response through an email to the address provided by him during the registration process on the Site. The authorization to return the products does not constitute in any way the recognition of defects or the lack of conformity, the existence of which will be established later after the restitution. If, as a result of this verification, the Products are not covered by the guarantee, they will be placed again at the disposal of the Customer.The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the authorization communication to the return, within thirty (30) days following the notification of the defect or lack thereof. conformity, to the following address: El Petit Ballet Shop. C / Gurrea 80. 08202 Sabadell (Spain).The application of any guarantee in case of use or washing of the Product that does not comply with the specifications of the Product or with the instructions / warnings in this respect provided in the illustrative reference documentation or on the labels, is excluded.In order to benefit from warranty assistance, the Customer must keep and present his purchase receipt.
ARTICLE 8 - Forms of delivery
EL PETIT BALLET SHOP will accept only orders that will be delivered in States indicated on the Site. The Products will be delivered by courier service to the address specified by the Customer at the time of the order within a maximum period of 30 days from the date on which the Customer receives the e-mail confirmation of the order sent.
ARTICLE 9 - Responsibility
EL PETIT BALLET SHOP assumes no responsibility for inefficiencies attributable to force majeure or fortuitous events, even when they depend on malfunction or dysfunction of the Internet network, and that this would imply that it was unable to complete the delivery within the time stipulated by the present CGV. In any case, this will not affect or harm in any way the rights of the consumer according to the Law.Both in the case of exercising the right of withdrawal and in the event of exercising the right of guarantee of conformity, if the merchandise can not be accepted by the seller, and that it does not comply with the requirements legally required to exercise such rights provided for in Articles 6 and 7 above, it would be the responsibility and obligation of the Client to recover within 30 days, at his expense, the goods placed at his disposal.
ARTICLE 10 - Viruses, piracy and other computer attacks
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this web page, to the server in which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the authorities.competent and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.
ARTICLE 11 - Links from our website
In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
ARTICLE 12 - Industrial and intellectual property
You acknowledge and consent that all copyright, registered trademark and other rights of industrial and intellectual property over the materials or content provided as part of the web page correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.
ARTICLE 13 - Final clauses
The Products are sold with the characteristics described in the Site and according to the GSC published on the Site at the moment in which the Customer sends the order, excluding any other condition or term.PETIT BALLET SHOP reserves the right to modify these General Conditions of Sale at any time, at its own discretion, without prior notice to users of the Site. All changes will be effective as of the date of publication on the Website and will apply only to sales made after that date of change.Prices, Products on sale on the Site and their characteristics, are subject to change without prior notice. Before sending the purchase order, the Consumer is always informed about the final sale price.These General Sales Conditions consist of all the clauses that comprise them. If one or more provisions of these General Conditions of Sale were declared invalid by the law, regulations or following a decision of a court or body with competent jurisdiction, the other provisions shall remain in force. full force and effect.
ARTICLE 14 - Applicable law and jurisdiction
These General Conditions of Sale are subject to the law of the country from which the user connects. Notwithstanding the provisions of these general conditions of sale, the rights granted to consumers by imperative provisions of the law applicable in the State of the latter that will prevail will not be affected by these general conditions of sale. Any dispute that does not find a friendly solution will be submitted to the jurisdiction of the competent court of the country from which the user connects. As a consumer, in addition, the Client may also submit the matter to the courts of the Member State of the European Union of his residence or domicile.In this sense, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial dispute resolution with us in terms of consumption accessible through the Internet addresshttp://ec.europa.eu/consumers/odr/