GENERAL CONDITIONS OF PURCHASE
These General Conditions of Purchase regulate the use of the tiendapoete.com website (hereinafter, “The Website”) of which Boutique Poete, SL (hereinafter, Poete) is the owner. Boutique Poete, SL is a public limited company with registered office at Albarracín nº 50 de Madrid, Spain, and holder of Tax Identification No. (NIF) B84389105, and registered in the Mercantile Register of Madrid, M-383842, Book 21572, Sheet 96, Sec 8. Use by the customer of the services of the online store presupposes, in any case, adherence to the General Conditions of Purchase in the version published at the time of the purchase order. Therefore, it is advisable for the customer to read these General Conditions before proceeding with a purchase.
1. SCOPE OF THE CONTRACT.
These General Conditions of Purchase apply to the sale of all Poète items through their website in the following countries ( See Countries). Poète hereby informs users that their website is directed exclusively to customers of 18 years of age or over. Poète reserves the right to cancel a customer’s account if they detect fraudulent, speculative, or bad faith actions while using this service.
2. PURCHASE LIMIT.
For security reasons, purchases that exceed €1,500 or comprise of more than 25 items per order cannot be made.
The applicable prices are those indicated on the website on the date of the order. Prices are detailed for each item and include VAT (Value Added Tax), as appropriate. Shipping costs are detailed to the customer at the time of placing the order. The prices on this website are shown in euros.
Payment will be made at the end of the purchase process and will be an indispensable condition for its completion. In no case will payment be made at a later stage. Deferred payment methods are not allowed, including cash on delivery, transfers, or in-store payment at the time of collecting the order. Accepted payment methods: Purchases can be paid with Visa®, Mastercard® credit cards, 4B o 4B Maestro, Aplázame and PayPal System. In any case, the payment method is chosen during the purchase process on the corresponding screen.
Customers must notify Poète of any improper or fraudulent charges to the card used for purchases, through e-mail or by telephone, as soon as possible so that they can make the necessary arrangements. Providers or issuers of payment methods may adopt anti-fraud measures that involve rejecting certain types of operations. Poète is not responsible for the implementation of these types of security policies.
The delivery period will be a maximum of 30 calendar days from the purchase date. Order delivery will be carried out at the address indicated by the customer in accordance with the following options:
5.1 Home delivery: The customer must pay the shipping cost:
b) EUROPE: €16.
The address indicated by the customer may be a private address, a workplace or any other address indicated. There is no need for the billing address to match the shipping address. Our transport provider will send you an e-mail or SMS (if you have provided a contact phone number with your order) indicating the delivery date and offer you the possibility of changing such date. On the planned delivery date, our transport provider will send you an e-mail or SMS (if you have provided a contact phone number with your order) informing you of the approximate time slot for delivery.
5.2 Store pickup: The customer can pick up their order at Poete stores. You must select "Store Pickup" during the purchase process. A list will be displayed showing all the stores available for this type of collection. The client shall not pay transportation costs for orders with store pickup. Poete will send an email, once the order has been delivered to the selected store, so that you can pick it up. The client will have a maximum period of 15 days, from when his order is available, to pick it up. In the event that said period has elapsed, the order has not been delivered to the customer, for reasons not attributable to our Company, we will understand that it decides to withdraw from the contract and we will consider it resolved.
Consequently, we will refund the payments made (including the shipping costs of the initial delivery) without undue delay and, in any case, within 14 calendar days from the date on which we consider the contract to be terminated. The return will be made by the same means of payment with which it was paid.
5.3 Problems with delivery: In the event that the delivery cannot be completed because the recipient is absent, the transport agency will leave a note and try to contact the recipient by telephone. After two failed attempts, the customer must contact the transport agency to proceed with the delivery.
6. EXCHANGES, RETURNS AND WITHDRAWAL.
There are different processes for exchanges, returns and withdrawal. Below is a description of each process, including the costs and terms and conditions.
a. Exchange: this is a replacement for the same product in another size and/or colour.
b. Return: in case of fault or defect.
C. Withdrawal: decided by the customer.
6.1 DUE TO THE SPECIAL CHARACTERISTICS OF CERTAIN PRODUCTS, THE FOLLOWING MUST BE TAKEN INTO ACCOUNT:
* For reasons of health and hygiene protection, changes, returns or withdrawals of necklaces and earrings are not allowed, when their wrapping, packaging or seal that protects the product has been opened, with the exception of those that are defective or with defects.
• All products that are going to be exchanged or returned must have their original packaging, except for those that are defective.
In the case of return or withdrawal, you will only be responsible for the decrease in value of the goods resulting from handling other than that which was required to establish the nature, characteristics, and operation of the goods.
6.2 CONDITIONS, COSTS, REFUND AND PROCESS.
Conditions (Exchanges and withdrawal): You have 14 calendar days from receipt of the product/s to exchange the product or withdraw from the contract without justification.
Conditions (Returns): Poète will be responsible for any non-conformity that may arise within the period established in legal regulations.
Cost (Exchanges, returns and withdrawal ): The cost of the exchange, return and withdrawal is assumed by the customer, except in cases of defective product, in this case this cost will be assumed by Poète.
Refund: Poète will refund, where appropriate, the corresponding amount including the shipping costs of the initial delivery, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which they were informed of the return. The refund will be made by the same means of payment with which it was paid. However, we may withhold the refund until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first.
Process: - In physical store: present the original ticket you received with your order and the product or, send the product to Boutique Poete, SL, c / Albarracín nº 50, 28037 Madrid, by certified mail, or by the courier service you want, including completed, the document attached to the shipment (Form of changes, return and withdrawal), downloadable here.
7. PRODUCT AVAILABILITY.
If there are incidents regarding supply or if there are no products in stock, the customer will be informed immediately and the price of the product or products without stock will be refunded. Poète will refund the corresponding amount without undue delay and, in any case, before 14 calendar days have elapsed. The refund will be made by the same means of payment with which it was paid. The stock availability data in physical stores listed on our website is indicative and may vary.
8. GUARANTEE OF PURCHASED PRODUCTS.
The guarantee offered is that established in Royal Legislative Decree 1/2007, of 16 November which approves the consolidated text of the General Law for the Defence of Consumers and Users.
9. CUSTOMER SERVICE.
For any doubts, suggestions, questions, or complaints about the online store, you can refer to the Customer Service via any of the following means:
- Telephone 919 770 212
E-mail: [email protected] or post to the following address: Boutique Poete, SL, c/ Albarracín nº 50, 28037 Madrid. We also have official Complaint Forms available to consumers and users which can be submitted to the postal and email addresses stated above or any of our stores. You can request them by calling 919 770 212 or here: Download official forms.
The Poète Customer Service will process and respond to your complaint as soon as possible, and in any case within a maximum of one month. Should your request not be dealt with satisfactorily, you may seek ordinary jurisdiction or process your complaint via the http://ec.europa.eu/odr website, which will provide a sole point of access for an out-of-course settlement free of charge.
10. MODIFICATION OF THE GENERAL CONDITIONS OF PURCHASE.
Poète reserves the right to modify these General Conditions of Purchase at any time. No modification will affect orders that are already being processed.
11. FORCE MAJEURE.
Compliance by Poète of all or part of their obligations will be suspended in the event of unforeseen circumstances or force majeure that prevent or delay compliance. Such unforeseen circumstances or force majeure include, but are not limited to war, riots, insurrection, social unrest, strikes of any nature and supply problems not attributable to Poète. Poète will inform the customer of such unforeseen circumstances or force majeure within seven days of their occurrence. In the event that such suspension is extended beyond a period of fifteen days, the customer will have the possibility of cancelling the current order and will subsequently receive a refund under the conditions provided in point 6 of these General Conditions of Purchase.
12. APPLICABLE LAW AND JURISDICTION.
These General Conditions of Purchase are subject to Spanish law. The foregoing notwithstanding, consumers not resident in Spain also benefit from the protection guaranteed by the mandatory provisions of the law of the country where they have their habitual residence. The parties submit, by choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the customer’s place of residence.