SALE TERMS IN DESIGUAL.com

1. Purpose

The present sale terms (hereinafter, "Sale Terms") regulate the agreement between the company NTS W USA LLC., domiciled at 141 W 36th St, 19th Floor, 10018 New York ("Desigual") and the customer ("Customer") formalised through the website www.desigual.com (the "Website") for purchasing the products from Desigual via the Website.

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2. Contracting Procedure

2.1. Eligibility to Purchase

In order to place an order through the Website, the Customer must be 18 years or older and be the final consumer. Minors are expressly excluded.

If the Customer is not registered as Amig@ Desigual and places an order, the Customer will be automatically registered as such in Desigual' system. The rights and benefits arising from being registered as Amig@ Desigual are indicated under the section "Amig@ Desigual" at Desigual.com

2.2. How to Place an Order

Placing an order through Desigual Website consists of the following steps:

  1. Choose the products that you like and add them to "Your Bag".
  2. Proceed to checkout
  3. Enter the delivery and billing information.
  4. Select a method of payment and click on "Pay now". By activating the "Pay now" button on the order form, the Customer fully and without reservation accepts all the Sale Terms as per the Website at the moment of contracting.
  5. Make the payment.
  6. If the payment is authorised, the Customer will receive confirmation of receipt of the order. With the exception of the circumstances described in Sections 2.3 and 2.4 below, this confirmation constitutes acceptance by Desigual of the Customer's order and creates a binding agreement between Customer and Desigual.

We recommend that the Customer print and/or save a copy of the Sale Terms when planning the order.

A copy of the confirmation of receipt will be sent to the Customer' e-mail address. It is recommended to print or download the copy for possible future consultation.

Desigual may change the Sale Terms at any time, without prior notice to the Customer. However, Desigual will announce such changes on the Website. Also, once the Customer has received confirmation of receipt from Desigual of his/her order, the Sale Terms applicable to that order will not be changed.

2.3. Availability of Products

Filling an order through the Web Site is subject to the availability of the garments. We attempt to guarantee stock of all garments on sale.

If the product ordered is not available or there is no stock of it, the Customer will be informed by e-mail and refunded the amount paid within 30 days of the payment.

Our Right to Cancel or Not Accept an Order

Desigual reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:

  • There was a technical or pricing error on the Website at the time the order was placed. Please try again later
  • The ordered product is not available.
  • The billing information given was incorrect or unverifiable.
  • Security systems indicate that the order is abnormal or may be fraudulent.
  • There is a reason to believe that the Customer is under 18 years of age.
  • Desigual has been unable, after 3 attempts, to deliver the order at the address provided.

If an order is cancelled for any of the above reasons, Desigual will refund (if applicable) the value of the order. Delivery expenses are never refunded, except in certain circumstances.

2.5. Verification of Data

Prior to processing an order placed by the Customer, Desigual may verify the Customer' data. This may involve verification of the address and solvency of the Customer, and whether fraud is involved. With respect to possible fraud, Desigual may use partially automatic verification of all purchases in order to filter out those considered abnormal or suspicious and those suspected of fraud. Orders suspected of fraud will be investigated, and the Customer may be reported to the appropriate authorities, which may prosecute.

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3. Price and Payment

3.1. Prices and Currency

The prices and offers presented on the Website does not include any applicable taxes and delivery fee, that will appear once the Check Out has been done and are valid only for orders placed on-line through the Web Site. These prices and offers may not coincide with those available in other Desigual shops throughout the world.

Prices are given in US Dollars. Should the Customer change the delivery country while browsing the Website, prices may as of that moment be expressed in a different currency.

Desigual informs that changing the delivery country may have an impact on the price due to the exchange rate or the prices specific for that country.

3.2. Method of Payment

To pay for the order the Customer may use the following credit or debit cards: Visa, MasterCard, Discover, American Express, or PayPal. The charge will be made upon confirmation of the order.

3.3. Changes in Price

The prices shown on the Website are subject to change. Desigual reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from Desigual, the price payable in respect of that order will not be changed.

Desigual informs that despite careful updates of the Website the prices shown may be erroneous. Any prices shown in error will be amended as soon as possible and shall not be binding on Desigual.

3.4. Sales Tax

Customers will be charged any applicable Federal, State and/or Local sales tax.

Thus, any purchase made through the Website will be subject to VAT. The VAT will be at the legal rate in effect in the Member State where the goods of a given order are to be delivered.

Customers outside VAT territories: according to Desigual® VAT policy, customers in these areas purchasing from the Website will be charged VAT when placing an order.

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4. Transport and Delivery

4.1. Delivery: Where and When

The deliveries are made from Monday through Friday. No deliveries are made on weekends or local holidays. The orders can be delivered only to private residences or offices in

USA – Hawai and Alaska

Deliveries are made during business hours. Thus, to facilitate delivery, the Customers are asked to use their work address or any other address where there might be someone to receive the package.

4.2. Lead Time

Orders are usually delivered within 3 to 10 business days. The delivery schedule is usually met, and although Desigual cannot guarantee punctuality, all orders are delivered within 30 days from the date of confirmation of receipt of the order, at the latest. Once an order is shipped, the Customer receives an e-mail notification about the expected delivery date.

4.3. Verification on Receipt

The Customer must verify the state of the packaging upon delivery. If the package is damaged, the Customer must not accept the delivery. The amount of the purchase and the delivery expenses will be refunded to the Customer once the warehouse has processed the return of the products. Desigual informs that the delivery must be verified within a reasonable time after receipt. In case no notice of rejection of the products is received within 30 days of delivery, Desigual will consider the Customer to have accepted the delivery. This does not affect the Customer' right to return or exchange any order as set out in Section 6 below.

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5. Delivery Expenses

Delivery expenses apply to each order. The exact expenses for each delivery depend on the State where it will be delivered. In no event will orders be sent to areas that require the payment of customs duties.

Delivery charges for Desigual items are as follows:

USA – Hawai and Alaska      $8.50
USA - others States      $8.50
Spain     
     9,95 €
    
Austria      9,95 €
Belgium      9,95 €
Italy      9,95 €

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6. Returns, Exchanges, and Cancellations

6.1. Return of Non-conforming Products

The Customer has the right to return defective products or non-conforming products. The Customer has 2 months from the moment of detecting product non-conformity to inform Desigual about the defect or lack of conformity and to return the product to Desigual.

If the Customer returns a product because it is defective or non-conforming and the return is approved, Desigual will refund the value of the product and the delivery expenses, as well as the direct costs involved in the return, within thirty (30) days of Desigual' receipt of the returned product.

The above is without prejudice to the Customer's rights as a consumer under mandatory consumer law.

6.2. Return of Products for Any Reason (Right of Withdrawal)

If the Customer is not satisfied for any reason with the products purchased, he/she will have 30 calendar days from the delivery date to return the product with no need for an explanation of any kind. The Customer may return the purchased product, provided that:

  • The product has not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the product).
  • The product is complete (two elements forming a pair must be returned together).

The product must be returned and the Customer must assume the expenses of this return. The products are to be returned with their original packaging and labelling, together with the applicable Returns Note. Upon satisfactory inspection of the returned goods, Desigual will refund the price of the product within thirty (30) days of receiving the order cancellation and product return notification from the Customer. The delivery expenses are never refunded (except in case of incorrect or defective items); the customer will also have to pay for the return expenses.

6.3. Product Exchange

At the moment, products cannot be exchanged. To obtain a product in another color or size, the Customer must return the original item and place a new order through the Desigual Website.

6.4. Return of Gifts

To return a product received as a gift, the Customer is asked to contact the purchaser and ask him/her to follow the return procedure. The refund will be made in the original payment method.

6.5. Information on Refunds

The refund will be made in the same manner as the original payment.

Desigual will not make the refund until receiving the returned product and verifying the condition of the product in the warehouse; once the condition of the returned product has been verified, the Customer will be refunded the relevant amount within thirty (30) days of receipt of the returned product at Desigual.

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7. Conditions Applicable to Promotional Codes (Discounts)

7.1. Promotional codes allow a single discount on the purchase of a single product or a discount on an order for more than one product for the time indicated by the promotional code.

7.2. Promotional codes are personal and may not be transferred. They may only be used for purchases on the Website. The Customer may not sell, exchange, or assign the promotional code. The promotional code may not be uploaded or disclosed through websites or other media making public offers, gifts, sales, or exchanges. Promotional codes may not be used for commercial purposes.

7.3. Only one promotional code can be used per product and per order. Promotional codes may not be combined with any other special offer or promotion.

7.4. Promotional codes may not be exchanged for money.

7.5. Desigual is under no obligation to reissue or refund promotional codes. However, if Desigual decides at its own discretion to reissue or refund promotional codes, the Customer' promotional code would be needed to do so. Thus the Customer is asked to always keep a copy of the promotional code, without which it cannot be reissued or refunded if lost.

7.6. Desigual reserves the right to void a promotional code immediately if it suspects that it is being used in violation of any of the above conditions or in any other improper manner or if it has reasonable grounds for voiding it.

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8. Validity of Offers (“Sales in Promotion”)

8 The promotional offers shown on the Website to increase the sales of certain products are valid only while they appear on the Website, unless otherwise specified thereon.

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9. Liability

9.1. These Sale Terms set out the full extent of Desigual´s obligations and liabilities in respect of the supply of the products. There are no warranties, conditions or other terms that are binding on Desigual except as expressly stated in the Sale Terms.

9.2. Subject to clause 9.4, the maximum aggregate liability of either party to the other on all claims of any kind under or related to these Sale Terms, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID TO DESIGUAL FOR THE PRODUCT IN QUESTION.

9.3. Subject to clause 9.4, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES.

9.4. Nothing in these Sale Terms shall limit or exclude Desigual' liability for (i) death or personal injury caused by Desigual' negligence, (ii) fraud, (iii) any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.

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10. Protection of Personal Data

10 The Customers are informed that their personal data will be included in files under the ownership of Desigual for commercial purposes, customer relation management advertising and commercial prospecting, including the sending (through post, e-mail, or other electronic means) of commercial messages concerning products, services, offers, promotions, and news concerning the Desigual group.

For objectives directly related to the processing of personal data, the Customer' personal data may be transmitted to other companies in the Desigual group, which may be located outside the European Economic Area (EEA), including countries that do not have a comparable level of data protection. Desigual, and any third party to whom Desigual transmits personal data, will put in place and maintain technical and organisational security measures which are appropriate and sufficient to prevent any processing of personal data in breach of: (a) these Sale Terms or applicable data protection laws; and (b) any accidental loss, destruction, or damage of personal data.

The Customer may exercise the rights of access, rectification or objection to the use of his/her personal data by a written request sent to Desigual, Passeig Mare Nostrum, 15, 08039 Barcelona (Spain), or by e-mail to info@desigual.com. The Customer guarantees the truthfulness and accuracy of the personal data provided to Desigual.

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11. Applicable Legislation

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12. Competent Jurisdiction

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13. Contact with Desigual

For any question or incident with respect to an order, the Customer may contact Desigual:

  • by calling 1-855-3745-872, from Monday to Saturday (except bank holidays) between 9 am and 9pm (EST)
  • Through the "Contact us" section of the Website
  • By e-mail, addressing a message to info@desigual.com

For more detailed information on returns, please consult the Desigual Help section and follow the instructions carefully.

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