Terms and Conditions
TERMS AND CONDITIONS
1. THE PARTS
Between the client and / or user, who acts directly, if it is a natural person or through a person duly authorized to act on behalf and representation, in the case of being a legal person, and on the other hand DANIELLA BATLLE, national brand belonging SOUL BRANDS SAS, a commercial company duly constituted under Colombian law, which has a website www.daniellabatlle.com, enters into this agreement in accordance with the terms and conditions of use that are an integral part of this contract.
SOUL BRANDS SAS, in any case it will presume in good faith that it is contracting directly with the client or with its legal representative duly authorized to carry out this type of operations and no responsibility should SOUL BRANDS SAS assume for personal impersonation that any client and / or user performs .
FIRST PARAGRAPH: To make any purchase, it is essential to register, identify and present yourself as a user on the website, activities that are carried out through an email account and a client's secret key, which is personal, non-transferable and exclusive exclusionary responsibility of the client.
SECOND PARAGRAPH: It is the client's responsibility for any use made of the key provided which may not be transferred or disclosed to third parties for any reason. Likewise, the client must adopt all the necessary security measures to avoid misuse or knowledge of this by third parties. It is recommended to change the password periodically.
THIRD PARAGRAPH: In case of loss, forgetfulness or exposure to third parties of the key, you must refer to the authentication section of the site where there is a link remember password, where following the instructions, the client can recover his password, through your email or change the password. If for any reason you cannot solve the problem, you must write to e-mail: [email protected].
2. THE ACTIVITY
SOUL BRANDS SAS, will make available to customers the colors in which they can purchase the products. These will be displayed in the most real way possible, however it should be borne in mind that with each computer, the color chosen may vary, so the company is not responsible for this fact if the customer requests change for Error in color selection.
3. ACCEPTANCE OF THE TERMS
4. THE PROVISIONS
In the event that one or more of the provisions contained in these Terms and Conditions are considered void, illegal or ineffective in any aspect, the validity, legality, enforceability or effectiveness of the rest of the provisions contained herein shall not be affected or nullified by said provisions circumstance.
5. REVISION OF THE TERMS
6. INDUSTRIAL PROPERTY
All brands, brands, logos, names and any other distinctive signs, as well as utility models and / or industrial designs and other elements of industrial or intellectual property inserted, used and / or displayed on this Site are the exclusive property of SOUL BRANDS SAS Nothing on www.daniellabatlle.com may be developed as a concession or grant to any title of authorizations, licenses or any other right to use or dispose of any form of Industrial Property, without the written permission of SOUL BRANDS SAS or the owner of the rights of it. Any unauthorized use will constitute a violation of these Terms and Conditions and the current national and international regulations on Industrial Property.
All computer, graphic, advertising, photographic, multimedia, audiovisual and / or design material, as well as all content, texts and databases made available on this Site are the exclusive property of SOUL BRANDS SAS All Contents On the website they are protected by the Copyright rules and by all national and international standards that apply to them. Except as expressly provided in these Terms and Conditions, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the Contents, in any way or by any means, including, but not limited to, is prohibited. electronic, mechanical, photocopying, recording or any other means, without the prior written permission of SOUL BRANDS SAS Under no circumstances do these Terms and Conditions confer rights, licenses and / or authorizations to perform the acts described above. Any unauthorized use of the Contents will constitute a violation of these Terms and Conditions and the current rules on copyright, the user is only granted a license and a personal, non-transferable and non-exclusive right to display www.daniellabatlle.com on screen of a computer computer or PDA device under its control, and to copy the Contents of property of SOUL BRANDS SAS only and exclusively for non-commercial personal use, with the condition that the user does not modify the Contents in any way and that it retains all copyright and other property legends contained therein. The user is bound by these Terms and Conditions not to modify the software of the Site in any way.
The distinctive displayed on this page, is owned by SOUL BRANDS SAS Under no circumstances may it be considered that the use is allowed or a license is granted whatever its character, on trademarks, trade names, teachings or slogans. Therefore, it is expressly forbidden to use them, under penalty of being incurred in the civil and criminal responsibilities that may arise.
8. TRAINING AND PERFECTION
The contract of sale of SOUL BRANDS SAS products is only perfected when the customer, in response to the invitation to offer made by SOUL BRANDS SAS, presents the purchase offer by selecting the product and makes the payment according to the payment methods offered in the page.
In no case, SOUL BRANDS SAS will be obliged under any circumstances to accept a purchase offer.
SINGLE PARAGRAPH: If the purchase that is intended to be made exceeds a quantity of twenty (20) products, SOUL BRANDS SAS reserves the right to send this purchase offer to the company's business channel as it is considered an institutional sale, with in order to avoid improper marketing of products.
9. TERM FOR ACCEPTANCE OF THE OFFER
SOUL BRANDS SAS, may accept the offer immediately after payment has been made, which may be accepted in whole or in part.
FIRST PARAGRAPH: The acceptance of the offer will be made by email addressed to the address provided by the customer through the expression "thank you very much for your purchase" or similar.
Our client must take into account that the mere registration, the provision of the personal key to our client or the transfer of the information or transaction does not mean acceptance of any offer.
SECOND PARAGRAPH: In the event that SOUL BRANDS SAS for any reason does not accept the offer made in whole or in part, it will proceed to return the total or partial money as appropriate, to an account owned by the offeror in an amount identical to the amount entered in our accounts, without any interest, compensation or other items.
THIRD PARAGRAPH: For the refund of the money, the payment method will be observed as follows: For payments by debit card, savings or checking account, or cash the refund will be made within eight (8) business days . But if the payment was made by credit card, the return order will be made in thirty (30) business days, without SOUL BRANDS SAS being responsible for the delays that the financial institution may have.
The total value of the purchase will be composed of the following items borne by the customer: value of the product, taxes and transport costs if applicable.
FIRST PARAGRAPH: SOUL BRANDS SAS undertakes to constantly review and update the prices mentioned on the website and, in turn, our client and / or user must be alert in case of any fluctuation in them.
SECOND PARAGRAPH: SOUL BRANDS SAS will inform or publish the transport and shipping rate that the goods will have which will be generated depending on the costs, items and policies of the transport company, which are autonumus independent and outside SOUL BRANDS SAS Within the cost the freight must take into account the place of the Colombian territory to which the products purchased must be sent, the size and weight thereof.
THIRD PARAGRAPH: The prices of the garments and accessories offered through this website www.daniellabatlle.com may be different from the prices that have the same garments and accessories in the physical stores of SOUL BRANDS SAS located inside or outside the Colombian territory.
11. PAYMENT CONDITIONS
Payment will be made solely and exclusively by the following means:
● Credit cards
○ Master Card
○ American Express
● Debit cards
PARAGRAPH: Before the acceptance by us of any purchase offer, the customer must choose the payment terms and conditions of the corresponding price, according to the means of payment that are already specifically established on this Site. Even if SOUL BRANDS SAS makes available to the customer a secure connection system for all the realization of all the purchase offers, in no case will it be responsible for the failures in the communications of the banking or credit institutions, nor for the damages caused to users on the occasion of an action or omission of said entities.
12. RIGHT OF WITHDRAWAL
The consumer must return the product to SOUL BRANDS SAS by the same means and under the same conditions in which it was received. The transport costs and the others that the return of the good entails will be covered by the consumer. The maximum term to exercise the right of withdrawal will be five (5) business days from the delivery of the good or the conclusion of the contract in case of the provision of services.
The following cases are excluded from the following case and according to the corporate purpose of SOUL BRANDS SAS:
● In contracts for the supply of goods or services whose price is subject to fluctuations in financial market coefficients that the producer cannot control
● In contracts for the supply of goods made according to consumer specifications or clearly customized
● In contracts for the acquisition of personal property
SOUL BRANDS SAS must return in money to the consumer all the sums paid without proceeding to make discounts or withholdings for any reason. In any case, the return of the money to the consumer may not exceed thirty (30) calendar days from the moment he exercised the right.
13. PAYMENT REVERSION
The law provides that in the sales made through electronic commerce mechanisms, such as the Internet, and a credit card, debit card or any other electronic payment instrument has been used to make the payment, the participants of the payment process must reverse the payments that the consumer requests when it is subject to fraud, or corresponds to an unsolicited operation, or the product purchased is not received, or the product delivered does not correspond to what was requested or is defective.
In order for the payment to be reversed, within five (5) business days following the date on which the consumer received notice of the fraudulent or unsolicited operation or that he should have received the product or received it defective or not corresponding to the requested, the consumer must file a complaint with SOUL BRANDS SAS and return the product, when appropriate, and notify the issuer of the electronic payment instrument used to make the purchase, which, together with the other participants in the process payment, will proceed to reverse the transaction to the buyer.
14. PRODUCT REMISSION
The shipment of the products will be made only within the Colombian territory, through certified mail, within 3 to 5 business days, counted from the acceptance of the offer, as long as there is no fortuitous event or force majeure , among which is, for example, acts of man or nature, such as strikes, strikes, revolutions, sedition rebellion, assault, attacks, fluid cuts, landslides, earthquakes, avalanches, overflows, bridge falls, between others.
FIRST PARAGRAPH: The place of dispatch will be to the address indicated by the client in the offer that he develops in the format intended for that purpose, which may be the same place of the buyer's room or another designated by him. It is understood that any person who is at the address where the delivery must be made, is duly authorized by the customer to receive his order, so SOUL BRANDS SAS is exempt from any responsibility at the time of delivery, as long as The same is done at the registered address at the time of purchase on the website.
SECOND PARAGRAPH: The transport company will have the obligation to make a maximum of two (2) attempts to deliver the purchased products. In case the delivery attempts are unsuccessful, the goods will be returned to the factory and the consigned monies will be returned, except for the value of the shipment, without any interest, compensation or additional amount and regardless of the cause or origin That may have the return. It is also considered unsuccessful delivery if the recipient of the product is under fourteen (14) years old and is not accompanied by a parent, guardian or guardian who signs with the recipient the receipt of the product.
The invoice will be sent together with the product purchased to the address mentioned by the customer.
16. PROPERTY TRANSMISSION
The transfer of the property is done as soon as SOUL BRANDS SAS places the good or the product in the hands of the transport company, to be sent to the client or to the person he designates.
FIRST PARAGRAPH: Notwithstanding the foregoing, the customer or consignee of the good or product, must refrain from receiving it immediately, in the event that the packaging or packaging of the product, presents damage, ruptures, openings or other similar, leaving the proper annotation or proof of that fact.
17. PACKAGING OF PRODUCTS
Our client accepts that the products are packed and presented in a plastic bag and / or cardboard box that meets the necessary conditions for the proper conservation of the product.
18. PRODUCT CHANGES AND GUARANTEES
To make effective the guarantee or exchange of any of the products marketed by our website, the ‘Shipping, exchange, return and guarantee policies’ apply, which are an integral part of this document and can be consulted here.
SINGLE PARAGRAPH: Any sale made must be considered as a firm sale, therefore the return of the product or the money that is not supported by law or in order of competent authority will not be accepted, said return of money in any case will carry out without any interest, premiums or additional sums, and also all shipping costs that would have arisen if there is no legal prohibition.
SOUL BRANDS SAS reserves the right to publish or refrain from publishing any of the comments made by the users of our website to the products. In this same sense, at any time a comment may be removed from the mentioned web page.
SINGLE PARAGRAPH: Any comment that is published must be made in a cordial, respectful and related language with the object on which it is commented.
20. LIMITED LIABILITY
Without prejudice to what is determined in the mandatory norms of the applicable Colombian Legislation, SOUL BRANDS SAS does not assume any responsibility, including any responsibility for any damage or loss, including but not limited to loss of information or utilities, existence of viruses, results of use or the inability to use the material on this Site, lost business opportunities, or any other damage, even if the user has advised us about the possibility of such damages, or for any third party claims, except as expressly stipulated herein . Under the terms indicated here, SOUL BRANDS SAS assumes no responsibility for the information provided on the page, including but not limited to products and / or services, notes of interest, opinions, practical advice and resolution of concerns. SOUL BRANDS SAS does not assume any responsibility for the impossibility of, or for problems in, the use of the Site or any of the pages that comprise it, including but not limited to events such as problems in the server or in the connection, interruptions in Your communication, technical problems. In the event that the use of the material on this Site results in the need to service, repair or correct equipment or information, the user assumes any cost derived from it.
FIRST PARAGRAPH: The responsibility of SOUL BRANDS SAS will be limited in an amount identical to the value of the product purchased, or failing that, to the value of the product requested by the customer.
21. ORIGIN OF THE FUNDS
The client solemnly declares and maintains that:
a. The resources with which I make the purchase, come from operation, trade, profession activity or lawful business.
b. The monies with which I made the purchase were NOT obtained by virtue of any type of conduct that is enshrined in Colombian law as a constitutive offense of criminal offense.
c. I have never allowed third parties to use my accounts or my credit or debit cards to consign or manage monies that do not know their origin or come from conduct contrary to law and especially criminal law.
d. I release SOUL BRANDS SAS from any responsibility for the erroneous, false, inaccurate information that had been provided in this document or for the violation thereof, in such a way that I will be solely responsible for it.