TERMS AND CONDITIONS OF USE OF "CHARLY THERAPY"
Previous informationThe present Terms and Conditions of Use (hereinafter, the "Terms and Conditions") will regulate the purchase and sale of the Products that VISTACHIC S.L. (hereinafter, "CHARLY THERAPY") commercializes through its website https://charlytherapy.com/ (hereinafter, the "Website").
CHARLY THERAPY's details are as follows:
- Company name: VISTACHIC S.L.
- Address: Calle Zamora 46, 6-3, 08005 Barcelona, Barcelona.
- N.I.F. Number: B- 66.575.275
- Contact email address: hola@charlytherapy.com
Acceptance of Terms and Conditions and access to the Website.By using the services of the Website, the User accepts these Terms and Conditions, which define the rights and obligations of the CHARLY THERAPY Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice that for certain services there may be particular conditions) and to the contracting of orders through the Website and they replace any other conditions.
We call "Users" of the Website any person who registers with or uses the Website. Any person may register or use the Website provided that they agree to the Terms and Conditions together with all other policies and principles governing the Platform as set out below.
The Services provided on this Website are governed by: (i) these Terms and Conditions; (ii) Special Conditions that may be published on the Website; (iii) applicable laws, industry regulations and general standards and practices.
Acceptance of the Special ConditionsThe access to certain contents and the use of the services may be subject to certain conditions, which, depending on the case, will replace, complete and/or modify the present Terms and Conditions and, in case of contradiction, the terms of the conditions will prevail over the General Conditions.
Before using and/or requesting such specific services offered through the CHARLY THERAPY Website, the Users must carefully read the conditions created, if any, for this purpose by CHARLY THERAPY. The use, reservation and/or request of these specific services implies the acceptance of the conditions that regulate them in the version published by CHARLY THERAPY at the time of the use, reservation and/or contracting through the Web Site.
PurposeThe present Website, created and maintained by CHARLY THERAPY, has as its main objective the marketing and sale of sunglasses and sunglasses for the screen, products that are characterized by their vintage style and economic accessibility. CHARLY THERAPY is committed to offering products that not only follow current fashion trends, but also reinterpret iconic designs to provide Users with unique and competitively priced sunglasses and screen glasses (hereinafter referred to as the "Products").
When choosing CHARLY THERAPY's Products, the User must choose the corresponding Product available on the Website. The purpose of these general conditions is to regulate the sale of these Products to Users.
User Service
CHARLY THERAPY's Website offers the User the possibility of contacting the User Care service for any doubt or question that may arise in relation to the content of the present Terms and Conditions.
For this purpose, CHARLY THERAPY offers its Users a contact form on its website, facilitating a direct and efficient communication to solve doubts, problems or any other question related to its Products or services. This method ensures personalized attention and complies with the legal regulations in force, protecting the personal information of the Users and complying with privacy and e-commerce laws.
User AccountThe Website offers Users the possibility of creating an account through an online form that must be completed with the required data.
In this regard, the User shall be responsible for the use of his/her User account.
Users must provide accurate, truthful, current and complete information as requested in the registration area of the Website. Among other aspects, the User must indicate in the registration application form their contact details (name, surname, Product delivery address, telephone number, e-mail address, payment method, etc.).
In this regard, in relation to the account that the User creates on the Website, the User shall be fully responsible for its management and use.
Consequently, the User is responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to his/her account and undertakes not to cede their use to third parties, either temporarily or permanently, nor to allow access to them to third parties.
By virtue of the above, the User must immediately notify CHARLY THERAPY through the e-mail hola@charlytherapy.com of any improper use of his/her contact details (Username and/or password, etc.), due to circumstances such as theft, loss or unauthorized access to them, so that CHARLY THERAPY can proceed to their cancellation or blocking and/or disabling as soon as the improper use of his/her user account becomes known to CHARLY THERAPY.
If such facts are not communicated, CHARLY THERAPY will be exempt from any responsibility that may arise from the improper use of the Usernames or passwords by unauthorized third parties.
Use of the WebsiteUsers undertake to make a lawful, diligent, honest and correct use of any information or contents they have access to through the Website, all of this under the principles of good faith and respecting at all times the current legislation and the present Terms and Conditions.
CHARLY THERAPY reserves the right to unsubscribe those Users who are misusing their account, carrying out fraudulent acts or who damage or could damage CHARLY THERAPY.
In case CHARLY THERAPY detects any anomaly or there are well-founded reasons that a User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, CHARLY THERAPY reserves the right to terminate such User, including all those Users who have benefited directly or indirectly from this type of actions, and may also exercise all the legal actions that may correspond. In this sense, CHARLY THERAPY declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent action that intends to alter the general conditions of the use of the account by the Users.
CHARLY THERAPY reserves the right not to grant an account when it has reasonable grounds to believe that a User has violated these Terms and Conditions.
Orders, terms of sale and warranty
CHARLY THERAPY offers its services in any territory of the world.
In order to make a purchase, Users must complete the purchase form on the Website or through the User account to make the purchase.
In no case will CHARLY THERAPY intentionally offer for sale more units than it has available. In the event that the Product is not available after the order has been placed, the User will be informed and offered the possibility of delaying the delivery or replacing the Product with a similar one, or failing that, refunding the amount paid.
The legal guarantee provided by CHARLY THERAPY, in compliance with the Spanish Consumers and Users Law, covers all the Products sold through our website www.charlytherapy.com. This guarantee, responsibility of the seller, extends for a period of two years from the reception of the Product and covers manufacturing defects and hidden defects detected during this period. To make use of the warranty, Users must notify CHARLY THERAPY of any conformity defect within two months of its discovery by sending an email to hola@charlytherapy.com with evidence such as photographs, a detailed description of the defect, the purchase order and any other relevant documentation.
Exclusions from this warranty include defects resulting from improper, incorrect or abusive use by the User, normal wear and tear, ageing of the Product, negligence, accidents, alterations by the User or third parties, non-compliance with the instructions for use, or tampering by unauthorized third parties. Scratches on the glass or defects related to the fitting of glass by third parties are not covered. This clause has been designed to be in full compliance with the consumer protection regulations in force in Spain, guaranteeing an adequate defense of the consumer's rights.
Order transit times
The estimated transit time for orders varies depending on the User's location and product availability. Orders are processed and shipped within two business days of receipt of payment. Customers will receive a shipping confirmation email once their order has been shipped. From that point, transit time is calculated in business days and varies depending on the customer's location:
- Spain: 1-3 business days
- European Union, United Kingdom, United States and Canada: 2-5 business days
- All other countries: 5-7 business days
Users can track their order using the tracking number provided in the shipping confirmation email. Transit times may be affected by circumstances beyond our control, such as natural disasters, strikes, customs problems and public holidays. In such cases, we will update the delivery estimate in the tracking as soon as possible.
Prices and method of paymentAll prices of the Products indicated on the Website are expressed in the local currency of the territory and include VAT or any other indirect tax equivalent or replacing it, and any other taxes that may apply.
Regarding the payment method, the User will be able to pay the amount corresponding to his/her order through the means of payment accepted on the Website.
Once the payment has been made, CHARLY THERAPY will send an e-mail to the User, confirming the details of the purchase made. Said e-mail will assign a reference code of the purchase, as well as the corresponding invoice or receipt once the order has been formalized, that is, after the acceptance of these Terms and Conditions and the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the security protocols and services required by the applicable national and European regulations.
The User must notify CHARLY THERAPY of any undue or fraudulent charge on the card used for the purchases, by sending an e-mail to the following e-mail address: hola@charlytherapy.com, as soon as possible so that CHARLY THERAPY can take the necessary steps in relation to the specific matter.
Shipping costs
CHARLY THERAPY offers free shipping on all orders, applicable to a wide range of European destinations. This free shipping policy is extended to all countries worldwide. This benefit allows Users to enjoy a more convenient and affordable shopping experience, without worrying about extra shipping charges for their Products. In addition, by including VAT, CHARLY THERAPY ensures total price transparency for its Users.
Customs and duty charges
The costs corresponding to customs duties and taxes that may be generated in the shipment of the Product to countries outside the European Union will be assumed by the User in any case.
These charges, which may vary depending on the goods, their value and the country of destination, shall be the sole responsibility of the User and shall not be included in the original price of the Product or in the estimated shipping cost.
It is important to note that customs duties and fees are set and charged by the customs authorities of each country and may be subject to change without notice. Therefore, it is recommended that the User be informed about the customs regulations in force in the country of destination before making an international purchase, in order to avoid possible surprises or inconveniences.
Likewise, in the event of a rejection or return of the goods by the customs authorities, the shipping costs and any other associated costs will be assumed by the User.
Order RetrievalProcedure for Retrieving Orders in the Absence of the Recipient
If you are not at home at the time of delivery of your order, the carrier will deposit the package at the nearest collection point. You will have 14 days to collect your order. To do so, you will need to present your ID card and the tracking number of your order.
If you do not collect the package within the 14-day period, the transport company will automatically return the package to our offices. It is important to pay attention to the deadlines in order to avoid the return of the order and to manage its collection in a timely manner.
Management of Orders Not Picked Up at the Collection Point
If you do not pick up your order at the collection point within the established deadline, the package will be automatically returned to CHARLY THERAPY's offices in Barcelona. To manage any incident related to the uncollected order, it is necessary that you contact us by sending an email to hola@charlytherapy.com. Remember to include your order number in the subject of the email for a quick and efficient identification of your case.
If the request is made within the period of the right of withdrawal, which is 15 days from the date of delivery at home or at the collection point, you may request a refund of the value of the Products purchased. However, it is important to note that the cost of returning the package to the sender will be deducted from the amount to be refunded.
Information on CHARLY THERAPY's Products and ServicesThe information included on the Website in the descriptions of the Products is for information purposes only.
CHARLY THERAPY undertakes to take all possible measures to correct as soon as possible any errors or omissions that may occur after having been informed of them.
Exchanges, returns and the right of withdrawalReturns due to manufacturing defects.
All the Products offered through the website will be completely original, unless otherwise stated in their description.
The User will have the option to return any Product that is defective or does not comply with the description provided by CHARLY THERAPY, without incurring any charges, for a period of three (3) years from the date of receipt of the Product. If the defect becomes apparent after two (2) years from the delivery of the Product after purchase, the User must prove to the manufacturer or seller that the fault, defect or non-conformity already existed when the Product was delivered.
The User must notify CHARLY THERAPY through the contact channel provided for this purpose, specifying the defective Product(s), attaching photographs and other evidence that demonstrate the defects or lack of conformity of the Product(s), as well as a detailed description of the defects observed, the purchase order and any other additional documentation that allows identifying the purchase made by the User.
Once CHARLY THERAPY has received the User's communication and has analyzed the incident through its Quality Department, the User will be informed as soon as possible whether or not to return the Product, based objectively on the nature of the Product or the alleged lack of conformity or defect. If the return is authorized, CHARLY THERAPY will tell the User how to send the defective Product to its warehouses, whose address is: Calle Zamora 46, 6-3, 08005 Barcelona, Barcelona.
The costs corresponding to customs duties and taxes that may be generated in the return of the Product will be assumed by the User in any case.
CHARLY THERAPY will not be responsible for the Products that are returned without having followed the process detailed above.
Each Product to be returned must be in its original condition or, in case the defect appears after a normal and daily use, in the best possible condition. It must be returned with all its labels, packaging and, if applicable, original documentation and accessories. If the User does not follow this procedure, CHARLY THERAPY and, specifically, its Quality Department, will have to objectively evaluate the problem and determine whether the Product is defective, taking into account its nature and the alleged non-conformity or defect.
If the Product does not comply with the contract, the User has the option to request its repair or replacement, unless one of these options is objectively impossible or disproportionate. Once the User informs CHARLY THERAPY of his choice, both parties must comply with it. If the User opts for repair and, after the repair has been completed and the Product has been delivered, the Product still does not comply with the contract, the User can demand the replacement of the Product, unless this option is disproportionate, in which case he/she can choose between a price reduction or the termination of the contract.
CHARLY THERAPY informs its Users that, given the type of Products it offers, it is generally not feasible to repair them, as this would be disproportionate. However, in specific cases in which the nature of the Product and the defect allow it, the User will be informed and will be offered the option to choose between repair or replacement.
In this regard, the User may choose to replace the defective Product with one with the same characteristics, without incurring additional costs. If it is not feasible to replace it with an identical one, the User will be offered the alternative of choosing a similar model.
The delivery of the Product with the same characteristics or the new model selected by the User will be made within three (3) to five (5) working days from the date on which CHARLY THERAPY confirms to the User the replacement of the defective Product or the delivery of the new model.
If the repair of the Product is not feasible and the replacement does not comply with the contract, the User has the option to terminate the contract.
On the other hand, CHARLY THERAPY informs its Users that the time needed to process refunds depends on the payment method used during the purchase:
- If the User has paid by credit/debit card, CHARLY THERAPY will refund the amount paid within fourteen (14) calendar days of the User's decision to rescind the contract.
- If the User has paid by PayPal, CHARLY THERAPY will refund the amount paid within twenty-four (24) to forty-eight (48) business hours of the User's decision to terminate the contract.
Withdrawal, Exchanges or Returns.
In the event that the User is not satisfied with the Product received in his order, the User, in accordance with the General Law for the defense of Consumers and Users, shall have a period of 14 calendar days from receipt of the order to return it, exercising his right of withdrawal, without penalty and without the need to indicate the reasons.
When returning the Product, the User shall bear the direct cost of returning the order.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation.
ResponsibilityCHARLY THERAPY does not grant any guarantee and is not responsible, in any case, for damages of any nature that may derive from the access or use of the contents or the Website. Among others, and by way of example and not limitation, CHARLY THERAPY is not responsible for the following circumstances:
- The loss, damage, retention or delay in the delivery of the order due to fortuitous causes, force majeure or acts attributable to the User;
- The lack of availability, maintenance and effective functioning of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website, such as, for example, errors or delays in the access to the Website by the User when entering his/her data in the order form, the slowness or impossibility for the recipients to receive the confirmation of the order or any anomaly that may arise and that is beyond CHARLY THERAPY's good faith;
- The lack of usefulness of the website or its contents for any service;
- The content of other websites to which links or links inserted in the CHARLY THERAPY website may be directed;
- The existence of viruses, malicious or harmful programs on the website; and
- The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or to good faith, of the Website or its contents, by the Users, including any infringement of the intellectual and/or industrial property rights of CHARLY THERAPY or third parties.
In any case, CHARLY THERAPY commits itself to solve the problems that may arise and to offer all the necessary support to the User in order to reach a quick and satisfactory solution to the incident.
Intellectual PropertyAll rights over the content, design and source code of this Website and, especially, but not limited to, all rights over the photographs, images, texts, logos, designs, brands, commercial names, data included on the Website and any other intellectual and industrial property rights are owned by CHARLY THERAPY, or by third parties who have expressly authorized CHARLY THERAPY to use them in its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject, as well as Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the website, in any support and by any technical means, unless expressly authorized in writing by CHARLY THERAPY.
CHARLY THERAPY does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a total or partial renunciation, transmission, license or cession of these rights by CHARLY THERAPY.
Any use of these contents not previously authorized by CHARLY THERAPY will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established responsibilities.
Data Protection
CHARLY THERAPY respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.
Users have the right to access, rectify, and cancel their personal data and/or information, including their e-mail address, as well as to oppose the processing of the same and to be informed of the transfers carried out, all in accordance with the provisions of the applicable regulations.
If you wish to obtain more information about CHARLY THERAPY's privacy policy, please visit the following link: https://charlytherapy.com/pages/privacidad
ModificationsThe information on this Website is current as of the date it was last updated. CHARLY THERAPY reserves the right to update, modify or delete the information on this Web Site, as well as these Terms and Conditions, the privacy policy or any other information.
The entry into force of the modifications of the terms and conditions will take place from the moment of their publication on this Website.
Nullity and effectiveness of the clauses
All clauses or terms of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by one or more other clauses that preserve the intended effects of the Terms and Conditions.
LanguageCHARLY THERAPY can translate the present Terms and Conditions or any other policy that may be published on the Platform. The English version will prevail in case of conflict with other translations.
Right of exclusionCHARLY THERAPY reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those Users who do not comply with the present Terms and Conditions.
Extrajudicial Resolution of Disputes
For the resolution of any discrepancy, question or claim arising directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive any jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of the city of the User's domicile.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes, CHARLY THERAPY informs you that, in case of dispute, Users residing in the European Union may use the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by CHARLY THERAPY.
The User can access the "Online Platform for Dispute Resolution" through the following link: http://ec.europa.eu/consumers/odr/
