Terms and conditions

Welcome to the website www.deluashop.com (hereinafter, DELUA SHOP). The access to DELUA SHOP and its use, as well as the purchase of products, implies the reading, knowledge and acceptance of these General Conditions of Use (hereinafter, Conditions of Use).

1. COMMERCIAL POLICY

DELUA SHOP offers products for sale exclusively to users over 18 years of age and empowered with sufficient legal capacity to be bound by these Terms of Use. Likewise, the user expressly and without exception accepts that access and use of the website, its services and contents is made under its sole and exclusive responsibility. If you are not a final consumer, we invite you to abstain from carrying out commercial transactions at www.deluashop.com.

DELUA SHOP reserves the right not to respond to requests made by users that do not comply with the provisions of the previous point.

These Terms of Use exclusively regulate the offer, the acceptance of purchase orders and the sending of products to the users of www.deluashop.com.

DELUA SHOP reserves the right to modify, at any time, the configuration of this website, as well as the conditions of the service and its content, and the right to eliminate, limit or suspend it temporarily or permanently, or prevent access to the same, trying to inform the user of these changes, whenever circumstances allow, by posting them on the website.

The intellectual property rights over this website are owned by DELUA SHOP. The exclusive exercise of reproduction, distribution, public communication and transformation belong to this company.

2. TYPES OF USERS AND HOW TO PLACE AN ORDER

On the website you will find information about the products and services offered and about the possibility of hiring them. In order to process orders correctly, the user must provide the personal data requested for that purpose and must adhere to these Terms of Use in the version published at the time of accessing the website. DELUA SHOP guarantees the adoption of the necessary measures for the treatment of personal data in accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data. The personal data you provide us, as well as your email address will be included in a files “Clients”, property of DELUA SHOP, whose purposes are to manage the data referred to customers, and the management of data referred to activities and commercial campaigns (e-mailing, web, mail, sms, signage, etc.), respectively.

You can exercise your rights of Access, Rectification, Cancellation and Opposition by writing to DELUA SHOP by email at info@deluashop.com (indicating in the subject “LOPD”). Navigation through the website does not require the user’s condition, but the visitor must comply with the Terms of Use of the web page specified here.

Access to the website is subject to prior reading and acceptance by any user of the terms, conditions and policies contained in the Legal Information section of this website.
As indicated before, proceeding to purchase the products by transmitting the order form, the user will be asked to read carefully and expressly accept these Terms of Use.

To order one or more products at www.deluashop.com, the user must follow the steps indicated in the purchase process, filling in the requested information, confirming the purchase of the products added to the cart and making the payment of the order. When confirming the purchase of the products, the user will have all the information related to the order in process (including the cost associated with the transport of the order to the indicated address) and all the corresponding contractual data.

The user who purchases products on the website, agrees to pay at the time that confirms the purchase. Thus, the order will not be processed until the moment when DELUA SHOP receives the payment agreement. Once the order has been formalized, the user will receive by email a confirmation that the order has been made, detailing the products purchased and their prices, the shipping costs, the payment method, the shipping address and the other contractual data of the transaction.

Orders will be archived in the DELUA SHOP database for a period of time that will not exceed the limits established by current legislation.

DELUA SHOP may refrain from processing orders sent by users who do not present sufficient solvency guarantees, who prove to be incomplete or incorrect, those whose confirmation of payment is not received within 48 hours, and also if the products selected are not available. In such cases, DELUA SHOP will inform the user by e-mail that the Order has not been processed correctly, specifying the reasons for this, and, if applicable, refund the amount that has been anticipated for the products not available.

3. PRODUCTS AND PRICES

Only products of the brand DELUA SHOP are on sale at www.deluashop.com

DELUA SHOP reserves the right to decide, at any time, the products offered through www.deluashop.com. In particular, DELUA SHOP may, at any time, add or remove products from the online store.

The essential characteristics of the products are presented in www.deluashop.com within each product file. Despite the care put by DELUA SHOP in its faithful reproduction, the images and colors of the products offered for sale at www.deluashop.com could, however, not faithfully reflect the reality, due to the specific characteristics of the browser, internet or screen used by the user.

The prices of the products for sale in www.deluashop.com always appear in euros with the corresponding VAT (21%) included. To these prices will be added the relevant shipping costs, for those cases in which it applies. The shipping rates will be communicated to the user when the order is placed, and must be accepted by the user when confirming the purchase.

The prices of the products may be subject to updates. The prices that DELUA SHOP will apply to each order will be those in force at the moment in which the user confirms the purchase of the products added to the “Order”, independently of the day in which the delivery is made. DELUA SHOP recommends making sure of the final sale price before confirming the order.

4. PAYMENT METHOD

The user who purchases products on the website agrees to pay at the time that confirms the purchase.

Payment of the price of the products and the respective shipping costs may be made by debit and credit cards (VISA, MASTERCARD, MAESTRO) and PayPal. DELUA SHOP is committed to using the most effective and secure methods of current technology to transmit the data and payments of each transaction.

If the user makes the payment by credit card, the bank details will be transmitted through a secure protocol to PayPal or other responsible for providing the respective remote electronic payment services, without any third party can in any case have access to them. The data will never be used by DELUA SHOP other than in order to complete the procedures related to the purchase, to issue the corresponding reimbursements in case of possible returns and to prevent and inform the police forces in case of any fraud at www.deluashop.com by the buyer.

The purchase price of the products and the shipping costs will be debited to the user’s current account at the time of order confirmation.

Within a maximum period of 48 hours from receipt of the payment confirmation, DELUA SHOP will send the user, via email, a confirmation of the purchase, including the order number. This confirmation is not valid as an invoice, only as proof of purchase.

The invoice corresponding to the purchase will only be sent to the customer if he explicitly requests it. Credit card fraud is a crime, and DELUA SHOP will take legal action against anyone who makes a fraudulent transaction in our store.

5. SHIPPING AND DELIVERY

DELUA SHOP is committed to deliver the products in perfect condition at the address indicated by the user in the order form, within normal business hours.

DELUA SHOP will not be responsible for errors caused in the delivery when the shipping address entered by the user in the order form does not conform to reality or has been omitted.

The maximum term established for deliveries is thirty (30) days, established by default in the Law. However, the usual delivery time is 2-7 business days, from the date of the order.

These deadlines are means, and therefore an estimate. Therefore, they may vary due to logistical reasons or force majeure. In cases of delays in delivery, DELUA SHOP will inform its customers as soon as it becomes aware of it.

Each delivery is considered carried out from the moment in which the transport company makes the product available to the user, which is materialized through the control system used by the transport company.

If at the time of delivery the user is absent, the carrier will leave a voucher indicating how to proceed to arrange a new delivery.

If, after 7 business days from the date of delivery of the order, delivery has not been arranged, the user must contact DELUA SHOP. In case the user does not do so, after 10 business days from the departure to distribution of the order, it will be returned to the warehouse of DELUA SHOP and the user must take charge of the shipping and return costs to origin of the goods, as well as the possible associated management costs.

If the delivery could not be made due to loss of the package, our carrier will initiate an investigation. In such cases, DELUA SHOP will contact the user to decide whether to cancel the order and pay the amount paid (cost of products and shipping costs), or if you would like us to send a new order, without additional cost.

At the time of delivery, the user must check the good condition of the package before the transport company that, on behalf of DELUA SHOP, makes the delivery of the product, indicating on the delivery note any anomaly that could be detected on the packaging . If afterwards, once the product has been reviewed, the user should detect any incident such as blow, breakage or any damage caused by the shipment, this must be notified by e-mail to DELUA SHOP in the shortest possible time (maximum 7 working days), to be able to process the return.

6. WARRANTY

The Users benefit from the guarantee offered by DELUA SHOP, in accordance with Law 7/1996, of January 15, on the Regulation of Retail Trade.

Defects or damage due to improper use or handling of articles or wear caused by normal use thereof are not included in this warranty, nor are the defects, or the incorrect use of the washing instructions, that come in each garment.

7. CHANGES AND RETURNS. RIGHT OF WITHDRAWAL

The User will have a period of fifteen (15) calendar days to change or return the order, counting from the delivery date thereof. The User should return the acquired products in perfect condition, unwashed, unused and with all original packaging to C/Jazmín 13, P.C. 29679, Benahavís (Málaga). Exercised by the User the right of return, DELUA SHOP will return the amounts received by credit, without any retention and in a period not exceeding thirty days. Notwithstanding the above, the right of withdrawal and / or resolution is excluded in those cases in which, due to the very nature of the articles object of acquisition, it is impossible to carry it out.

It will be possible to make a change of product, if there is stock, within the Peninsula.

Returning delivery costs will be paid by the client, unless item purchased was defective upon arrival.

In order for the change or return to be accepted, the unwanted product must be in the same condition in which it was delivered, and it must retain its original labeling and packaging.

If the requirements of the previous point have been respected, DELUA SHOP will send the user an e-mail confirming the acceptance of the return, and will proceed to the payment of the amount of the returned products, less the cost of returning them. The costs of sending the order will only be reimbursed in the case of defective or incorrect products.

8. CUSTOMER SERVICE

For any clarification, incident or claim, the user can contact the Customer Service of DELUA SHOP by sending an email to info@deluashop.com.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the elements and contents of www.deluashop.com and of each of the products, such as images, photographs, texts, music, sounds, videos, documents, logos and any other material, in any format, published on www.deluashop.com (including menus, web pages, graphics, colors, schemes, tools, characters, website design, diagrams, structure, selection, ordering and presentation of content, methods, processes, functions and computer programs) are protected by copyright and other rights on intellectual and industrial property of DELUA SHOP. Similarly, the website is considered of computer program and, as such, is also protected by legislation on intellectual and industrial property rights. Access to the website or obtaining the user status does not imply a granting of licenses or authorizations on the aforementioned industrial and intellectual property rights.

The user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, allow access to the public through any form of public communication, or perform any other action prohibited by law in the matter of intellectual and industrial property on none of the elements referred to in the previous paragraph, except with the express consent of DELUA SHOP. The user must use the materials, elements, contents and information accessed through the use of www.deluashop.com solely for their own needs, forcing themselves not to directly or indirectly commercially exploit said elements.

10. NOTICE ABOUT THE CONTENTS

DELUA SHOP has adopted all measures at its disposal to prevent the publication on www.deluashop.com of contents that describe or represent scenes or situations of physical or psychological violence, or such, according to the sensitivity of the DELUA SHOP users can be considered harmful to civic convictions, human rights or the dignity of people in any of their forms and expressions.

DELUA SHOP has also adopted all the necessary precautions in order to assure its users that the contents www.deluashop.com are taken care of and do not contain incorrect information or that it is not updated with respect to the date of its publication on the website (and, as far as possible, later).

Although DELUA SHOP tries to do everything possible to guarantee continuous access to the website itself, the dynamic nature of the Internet and its contents may not allow www.deluashop.com to operate without interruptions or discontinuities due to the need to perform the updates of the website. DELUA SHOP can not guarantee its users that the website operates with continuity and without interruptions, errors or malfunctions due to the Internet connection. In case of any problem noticed during the use of www.deluashop.com please contact our Customer Service by sending an email to info@deluashop.com and we will try to solve the problem as soon as possible.

The users are fully responsible for their conduct, when accessing the information on the website, while they are browsing it, as well as after they have accessed it. Therefore, users are solely responsible to DELUA SHOP and third parties for:

  • the consequences that may derive from the use, for purposes or effects that are unlawful or contrary to this document, of any content of the website, whether or not developed by DELUA SHOP, published or not under its name in an official manner;
  • as well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the website or its services or prevent normal enjoyment by other users.

DELUA SHOP reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the website to users who misuse of the contents and / or breach any of the conditions that appear in this document.

DELUA SHOP informs that it does not guarantee:

  • that access to the web and / or the link websites be uninterrupted or error-free.
  • Despite having taken all the necessary measures, DELUA SHOP cannot ensure that the content or software to which users access through the web or the link website does not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in electronic documents and files stored in your computer system or cause other types of damage.
  • The use of the information or content of this website or web links that users can make for their personal purposes.

11. LINKS WITH OTHER WEBSITES

The online store www.deluashop.com may contain hyperlinks (known as “links”) with other websites that may have no connection with DELUA SHOP.

The purpose of these links is to help the user during their searches and navigation, as well as to speed up the hypertext connection to other websites. The activation of the links does not imply any recommendation or suggestion of DELUA SHOP regarding access to these websites or navigation through its pages, nor any guarantee about its contents, its services or the goods that they supply and sell to Internet Users.

DELUA SHOP does not control said websites or their contents, nor does it carry out operations to monitor them. DELUA SHOP can not be held responsible for the contents of these websites or the rules they adopt with respect to the user’s privacy or the processing of their personal data while browsing them.

These Terms of Use and the privacy policy do not apply to websites managed by third parties other than DELUA SHOP.

12. PRIVACY

We kindly ask all users to read carefully the privacy policy that is applied even in case of accessing and browsing www.deluashop.com, even without purchasing any product.

13. MODIFICATION AND UPDATING OF CONDITIONS

DELUA SHOP reserves the right to modify these Conditions of Use at any time, without prior notice to the user, who in any case, is solely responsible for reviewing them as a prerequisite and indispensable to the acquisition of any product available on www.deluashop.com. In any case, the Conditions of Use that were exposed on the web at the time the user acquires the corresponding products will be considered valid and applicable.

In the event that any clause of these Terms of Use is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions. DELUA SHOP may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by DELUA SHOP legal prescription of the action that corresponds in each case.

14. APPLICABLE LAW AND CONFLICT RESOLUTION

These Terms of Use are governed by Spanish law, as provided in Law 7/1998, of April 13, on General Conditions of Contract, in Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and in other complementary laws, such as Royal Decree 1906/1999, of December 17, 1999, by which the Telephone or Electronic Contracting is regulated with general conditions, the Organic Law 15/1999 , of December 13, Protection of Data of a Personal Nature, Law 7/1996, of January 15 of Retail Trade Regulation and Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce.

To resolve any controversy or conflict arising from these Conditions of Use, DELUA SHOP is subject to the criteria for determining competence established in the applicable legislation on consumers and users.