- IDENTIFICATION OF THE WEBSITE MANAGER:
This website www.ladybelty.com (hereinafter, “Website”) is operated by:
|LADY BELTY S.L.U|
|REGISTERED OFFICE:||Parque Tecnológico y Logístico de Valladares, Calle C, Nave A1, 36314, Vigo, Pontevedra|
|Company Tax Code||B36655843|
|CONTACT:||TELEPHONE:||(+34) 986 213 167|
|FAX:||(+34) 986 214 670|
|COMPANIES REGISTER:||Volume: 618 Book: 0
Folio: 212 Sect.: 8
This document establishes the terms and conditions governing purchases made through the Website owned by Lady Belty S.L.U. (hereinafter, “THE COMPANY”), of the products and services offered therein (hereinafter, the “General Conditions of Sale” or “GCS”).
- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
In placing an order through the Website, you hereby declare that you are 18 years of age or older and have the legal capacity to enter into binding contracts. If you are placing an order on behalf of a legal entity, you declare you have sufficient powers to represent said legal person and accept these GCS.
Likewise, by submitting the order, after marking the boxes enabled in the purchase form, you are accepting and committing to these terms and conditions, wholly and unreservedly. These GCS substitute any other prior conditions in any other document.
Thus, we ask you to please read these GCS carefully before submitting an order through the Website.
The purchase shall be considered to be made at the registered offices of THE COMPANY, indicated in the previous section.
THE COMPANY reserves the right to revise and modify these GCS at any time and with no prior warning. However, said changes will not have any effect on orders sent out prior to the corresponding modification.
- PERSONAL DATA:
- CORRECTION OF ERRORS IN THE ENTERED DATA:
If you need to correct the information or personal data provided during the purchase process that is related to the shipment of the products you have purchased, you can contact our Customer Service to indicate the changes.
- PURCHASE PROCESS:
The purchase process can be carried out in Spanish or Portuguese, you can choose the language in which you would like to carry out the purchase by marking the right one at the top right of the web page. The purchase process consists of several steps that are summarised below:
- Start of the purchase process.
The first step will be to choose any product and model from among all those offered on the website. Once you have made your decision, the products you have chosen will be added to the cart.
- Placing the Order:
Once you have done this and made the payment, you will be informed of all the order details (including an order number or reference). Please note that the Order or Reference No. is provided for reference purposes only and in no way constitutes confirmation from the COMPANY of its acceptance of the order.
Placing an order means making an offer to purchase the selected products in your shopping cart in accordance with these terms and conditions. THE COMPANY reserves the right to accept said offer at its sole discretion, being able to accept it in full or in part, and if THE COMPANY were to not accept it for any reason, it will attempt to contact you by email, phone or post and will reimburse any amount you may have paid.
- Order Confirmation:
In the event that THE COMPANY accepts your order and after having verified the availability of the requested product, as well as the payment made, it will notify you by sending an order confirmation (the “Order Confirmation”). Said Order Confirmation will be sent by email and will be effective from the date it is sent.
- Shipping and delivery of the order:
Once the Order Confirmation has been received, THE COMPANY will send you the product or products purchased through the Website, to the postal address provided on the order form, where said address may not correspond to a PO box or public places, such as the public road, squares, stations, airports or the like.
All orders are subject to the availability of the products. If difficulties were to arise in providing said products or if there were no more items in stock, we will reimburse you for any amount you have may paid.
Additionally, the items offered through this Website are available for shipment to Peninsular Spain, the Balearic Islands and Portugal. No shipments are made to Ceuta, Melilla and the Canary Islands.
The delivery will be made within the period indicated for each shipping zone after the order is confirmed, to the postal address that you have included in the order information, except in cases of force majeure. The dispatch note will be sent together with the Product or Products. Keep in mind that the products from an order may be partially shipped in the order of their availability.
The delivery times for the products will be as follows:
|Shipping Zone||Delivery Time||Shipping Costs|
|Peninsular Spain||5 working days||€6|
|Spain - Balearic Islands||5 to 7 working days||€7|
If for any reason we do not expect to be able to meet the delivery date, we will contact you to inform you of this situation and we will offer you alternatives, setting a new delivery date if necessary.
If, after two delivery attempts by the courier service, it is not possible to deliver your order, you will be informed of this situation by email and said order will be returned to our facilities where it will wait for the notification to be sent to another place of delivery. If you have not claimed your order after a period of 30 calendar days, then the amount paid will be refunded except the shipping costs incurred. Returning an order to our facilities and/or reshipping it to another place of delivery may give rise to new shipping costs, which you shall be responsible for.
You will be solely responsible for any and all risks regarding products from the time of delivery. Notwithstanding the foregoing, and despite delivery being completed, you will not acquire full ownership of the products until THE COMPANY receives payment in full of all amounts due for said products, including shipping costs when applicable.
- PRICE, PAYMENT METHODS AND BILLING:
All prices are in EUROS. The prices will be those published on the Website at the time you placed the order. However, in the event that any of the products purchased were to display such a clearly incorrect price that even the buyer may realise that the price is wrong, THE COMPANY may cancel the order and will contact you to inform you of such situation. You will also be offered alternatives that may result in the replacement of one or more products in your order and/or a refund or payment of the difference in the amount.
All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the shipping destination, the costs and taxes related to shipping and handling are excluded, which will be listed separate and then added to the final price, where appropriate.
Prices may change at any time, although said changes will not affect any orders already placed for which we have already sent you an Order Confirmation.
- Payment Methods:
THE COMPANY, through the Website, accepts the following payment methods:
|Credit card:||You can pay using Visa, MasterCard or 4B credit or debit cards.
You credit card details are sent directly to the corresponding payment gateway to be authorised by your bank.
Nobody in THE COMPANY can gain access to your credit card details, neither during payment nor later on.
In your bank statement, you will receive a charge from THE COMPANY. If your bank authorises payment with your card, we will proceed to process your order. If your payment method is rejected by the issuing entity or by the payment gateway, your order cannot be processed.
You can contact us to request a paper invoice at any time, in which case we will issue and send the invoice in this format to the address that you indicate.
- LEGAL GUARANTEE:
As a consumer, you have the right to be protected for a period of time against existing defects or lack of conformity with the products:
This mandatory guarantee involves a series of rights that you can exercise:
|Repair||Replacement||Price reduction||Contract cancellation|
- Repair and replacement:
If the product is defective or does not conform to the one you purchased, you can choose between repair or replacement, as long as one of these two options is not objectively impossible or disproportionate.
|Repair||It will be free, as well as the costs associated with it, especially shipping costs, costs related to labour and materials.|
|It will be carried out within a reasonable time frame and without any significant inconvenience, taking into account the nature of the products and their purpose.|
|Once the product has been delivered for repair, the guarantee period is suspended until we return it repaired.|
|Once we have delivered the repaired product to you, during the next 6 months we will be liable for any defects in the repair that may arise, if applicable.|
|In addition, if the repaired product is still not in accordance with the one originally purchased, you can choose to receive: a replacement (unless said replacement is disproportionate); a price reduction; or cancellation of the contract (both are explained later on).|
|When you deliver the product to us for repair, we will give you a receipt with the delivery date and the defect. When we deliver the repaired product to you, we will give you another receipt with the delivery date and the repair carried out.|
|Replacement||You will not be able to choose a replacement in the case of non-expendable products (not replaceable because they are unique), nor in the case of second-hand products.|
|It will be free, as well as the costs associated with it, especially shipping costs, costs related to labour and materials.|
|It will be carried out within a reasonable time frame and without any significant inconvenience, taking into account the nature of the products and their purpose.|
|From the moment you request the replacement, the guarantee period is suspended until we deliver the new product. The new product does not have a new guarantee period, rather it continues with the initial one.|
|If the new product is still not in accordance with the one originally purchased, you can choose: to have it repaired (unless said repair is disproportionate); a price reduction; or the cancellation of the contract (both are explained later on).|
|When you deliver the product to us to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new product to you, we will give you another receipt with the delivery date.|
- Price reduction and cancellation of the contract:
|Price reduction||You will be able to exercise this right when you cannot choose to repair or replace the product, and for those cases in which these actions have not been carried out within a reasonable time frame and without significant inconvenience.|
|It will be proportional to the difference between the value of the non-defective or conforming product and the value of the defective or non-conforming product purchased.|
|Contract cancellation||You will not be able to exercise this right if the lack of conformity is of little importance.|
|For all other cases, you will be able to exercise this right when you cannot choose to repair or replace the product, and for those cases in which these actions have not been carried out within a reasonable time frame and without significant inconvenience.|
|How long do I have these rights for?||New products||2 years from the date that appears on the invoice or purchase receipt, or on the dispatch note if the date is later.|
|How do I exercise them?||You should contact us through the following email firstname.lastname@example.org or by calling us at (+34) 986 213 167 where we will tell you how to proceed.|
|Keep in mind that:||You must inform us of the defect or lack of conformity within 2 months from when you become aware of it, since you will be responsible for the damages we suffer as a result of the delay in your communication. However, you retain the rights mentioned above.|
|The product is understood to not be defective or to be in accordance with the one purchased, provided that:||It fits the description made by THE COMPANY and possesses the qualities that have been indicated on this Website.|
|It is fit for the purpose for which goods of the same description would ordinarily be used.|
|And, it shows the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the product and taking into account any public statements on the specific characteristics of the products that we could have made about them.|
- LEGAL RIGHT OF WITHDRAWAL:
In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007”), if you are considered a consumer according to the definition in the aforementioned decree, you shall have the right to withdraw from the sale at any time within a period of 14 calendar days from the date of receipt of the products to which the sale pertains without any need to justify your decision and without being penalised in any way, except when the sale refers to specific products and/or services, including but not limited to:
|i)||The supply of goods made according to the consumer’s and user’s specifications or that are clearly personalised;|
|ii)||The supply of goods that may deteriorate or expire quickly;|
|iii)||And the supply of sealed goods that may not be returned for reasons associated with health and/or hygiene reasons or that have been opened after delivery.|
|How do I exercise my right?||You must notify your decision to withdraw from the sale contract through an unequivocal statement sent by email to the address email@example.com or by post to the address: PTL de Valladares, Calle C, Nave A1, 36314, Vigo, Pontevedra, which must contain your contact information, the order number, delivery date and a photocopy of your ID card/passport. For this purpose, you can use this model of a withdrawal form.|
|THE COMPANY will contact you to coordinate picking up the items subject to withdrawal and will send a courier service to collect the products, where appropriate. Unless otherwise indicated, you can return the products by shipping them to the following address: PTL de Valladares, Calle C, Nave A1, 36314, Vigo, Pontevedra, with all shipping costs being your responsibility.|
In order to comply with the withdrawal deadline, the notification of your decision must be sent within the established time period. In any case, if you wish, we would appreciate it if, for quality reasons, you could indicate to us the reason for the withdrawal, for informational purposes only.
If case of withdrawal in accordance with the provisions of this Clause, once the package has been received at the warehouses of THE COMPANY and it has been verified that the returned products are in perfect condition, THE COMPANY will return any payments received for the purchase in question (including shipping costs that you may have paid corresponding to the cheapest shipping option offered) within a period of 5 working days and no later than 14 days from the date THE COMPANY receives the aforementioned notification. However, the costs of returning the products shall be your responsibility.
THE COMPANY may process said reimbursement using the same payment method that you had used for the initial purchase transaction, unless another payment method is expressly agreed on. Notwithstanding the foregoing, THE COMPANY may withhold reimbursement until the items in question have been received or until proof of return of said goods has been provided, depending on which condition is met first.
The items must be in perfect condition and with their corresponding tags. Items must be returned in their original packaging to ensure they are duly protected in transit.
No reimbursements will be given if the product has been used beyond simply opening the outer packaging, if the product is not in the same conditions as when it was delivered or has suffered any damages, or if it is returned without the original packaging, instructions and any other documents it came with.
In the case of defective products or those that do not correspond to the order you had placed, the return shipping costs shall be borne by THE COMPANY, which will order its courier service to pick up the defective or incorrect product.
- CUSTOMER SERVICE:
In any case, for any incident or claim, you can contact us through the following channels:
|Telephone customer service (Monday to Friday from 8:00 am to 4:30 pm, except local or national holidays)||(+34) 986 213 167|
|Fax||(+34) 986 214 670|
|Postal address||Lady Belty S.L.U, PTL de Valladares, Calle C, Nave A1, 36314, Vigo, Pontevedra|
As a consumer, you can request complaint forms at THE COMPANY’s registered office.
- COMPANY LIABILITY:
THE COMPANY shall not be held liable for (i) any losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, revenue, benefits, contracts, data or unnecessary expenses incurred) (iii) those indirect or consequential losses that were not reasonably foreseeable by both parties at the time the product purchase contract was formalised.
Nothing in these conditions limits or excludes our liability in the event of falsehood, death, personal injury attributable to our negligence or intent.
Likewise, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Please note that this has no effect on your legal rights as a consumer in the terms of Royal Decree 1/2007, nor on the right to return the product in accordance with Clause 8.
- WRITTEN COMMUNICATIONS:
Applicable regulations require that part of the information or communications we send you be in writing. By using this Website, you accept that the majority of said communications with THE COMPANY shall be electronic. For contractual purposes, you consent to use this electronic means of communication and recognise that all contracts, notifications, information and other communications that THE COMPANY may send you electronically comply with all legal requirements for written communications. This condition does not affect your rights as recognised by law.
Any notifications you send to THE COMPANY should preferably be sent by email to firstname.lastname@example.org. In accordance with the provisions of Clause 10 above, and unless otherwise stipulated, THE COMPANY may send you communications either by email or to the postal address provided by you when placing an order.
Notifications will be considered to have been received and correctly transmitted 24 hours after being sent by email, or 3 days after the postmark on any letter. As proof of notification, the following shall suffice: in the case of letters, that the address provided was correct, that the letter had proper postage and was duly handed over to the post office or placed in a post box, and, in the case of an email, that it was sent to the address you provided in placing your order.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS:
For purchases made through this Website, these GCS are binding for you and for THE COMPANY, as well as any respective successors, assignees or trustees.
You may not transfer, assign, encumber or in any other way reallocate your contractual position or any of your rights or obligations derived from it in your favour or for you, without express written consent from THE COMPANY.
- ONLINE DISPUTE RESOLUTION PLATFORM:
In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Conflict Resolution Platform,, which they can access from the following link:
A direct access has been established in the footer of the website to allow consumers to easily access said platform.
If any of these GCS were to be declared null and void by a final decision by a competent authority, the rest of the terms and conditions shall remain in force, without being affected by said declaration of nullity, and the null or voided clause shall be replaced by another similar one in the most appropriate manner.
- FORCE MAJEURE:
Neither you nor THE COMPANY shall be held responsible for breach of these GCS as a result of causes of force majeure beyond your control. Causes of force majeure shall be considered to include any act, event, lack of exercise, omission or accident beyond reasonable control, including but not limited to: strikes, shutdowns or other protest measures, natural disasters, civil unrest, terrorist attack or threat, inability to use trains, ships, planes, motor transport or other means of transport, among others.
Obligations shall be suspended for the duration of the causes of force majeure, and we will have an extension on the period in which said obligations must be fulfilled equal to the period of time in which the causes of force majeure lasted.
- APPLICABLE LAW AND JURISDICTION:
The contract for the purchase of products through this Website shall be governed by Spanish law. Any issues that may arise with regard to this Website or said contract shall be subject to the non-exclusive jurisdiction of the Courts of Spain.
Notwithstanding the foregoing, if you are purchasing products as a consumer under the terms of Royal Decree 1/2007, nothing in this clause shall affect the rights that are established in said legislation.