Preamble
We are pleased to welcome you to our website www.mykimonobysaga.com (hereinafter "the website").
The brand My Kimono by SAGA (hereinafter "the seller") is a website whose headquarters are located at Calle Islas Azores, s/n, V511 in 29679 Benahavis, Malaga, (Spain) and whose VAT number is ESY1849390C.
Article 1 - Purpose and contract
1.1 The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of products offered by the seller to the consumer ("the customer").
1.2 These conditions concern only individuals who are not merchants.
1.3 The sale on the website is reserved to the major customers, or to the minor customers having a parental authorization.
Article 2 - Acceptance of the general conditions of sale
Any order placed by the customer on the website of the seller supposes the consultation and the preliminary acceptance of these general conditions of sale. By clicking on the checkbox "I accept the Terms and Conditions of Sale" during the ordering process, the customer certifies that he/she is fully aware of them and accepts them.
Article 3 – Prices
3.1 All prices of products are indicated in euros including all taxes. Shipping costs are added to the price of the products.
3.2 The seller reserves the right to modify its prices at any time without notice. The products will be invoiced based on the rates in force at the time of the recording of the orders.
3.3 The products remain the property of the seller until the complete collection of the payment of the order by the seller. This amount is to be paid in full and in a single payment.
Article 4 - Order and availability of products
4.1 Any order implies acceptance of the prices, the general conditions of sale and the description of the products available for sale.
4.2 The seller undertakes to honor orders placed on the website only within the limits of available stocks of products.
4.3 In the absence of availability of one or more products ordered, the seller undertakes to inform the customer as soon as possible by e-mail. The customer will be able to choose freely between waiting for their availability or asking for a refund, which will be carried out within two weeks by bank transfer to the bank account defined by the customer.
Article 5 : Payment and security
5.1 When making a purchase on the website, the customer chooses the method of payment from the different payment methods offered.
5.2 After placing an order, the customer will immediately receive a confirmation email with an overview of the order and the total amount, including shipping costs.
5.3 Payment of purchases is made according to the customer's choice through the seller's banking partner, Stripe, using various types of credit cards: Visa, MasterCard, American Express, ..
The payment is then made on the Stripe website, which means that no banking information of the customer passes through the website of the seller.
The customer can pay online with confidence by entering the number, expiration date and security code found on the back of his credit card in the spaces provided. The order will be confirmed by the seller as soon as Stripe confirms receipt of payment from the customer.
The customer's credit card details are encrypted using SSL (Secure Socket Layer) and are never transmitted unencrypted over the network. The payment is made directly to the bank. The seller has no access to these details and does not keep them on its servers. At the discretion of the customer, it is nevertheless possible for him/her to use the same card for a future order, if he/she ticks the "Keep my details" box.
5.4 The seller reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully paid a previous order or with whom a payment dispute is being administered. In this case, any amount received will be refunded in full within two weeks, by bank transfer to the account provided by the customer.
In case of fraud or suspicion of fraud, the seller reserves the right to cancel any order with prior notice to the customer, without compensation.
Article 6 - Delivery and deadlines
6.1 The seller shall deliver the items through the supplier chosen by the customer from among those proposed at the time of placing the order, within the operational, commercial and other limits of the selected supplier (including, but not limited to, the countries served).
6.2 For non-personalized items, the seller will ship the order within 1-3 business days after receipt of payment. If the items are personalized, the delivery time is 5 to 7 working days after reception of the payment.
6.3 The order is delivered to the delivery address specified by the customer at the time of ordering.
6.4 If technical defects occur, it is a case of force majeure, and the order will be re-proposed for delivery as soon as possible. The seller will keep the customer informed by phone or e-mail. In the event of a temporary stock shortage of an item, the seller will inform the customer within two working days. In all cases, if the delay is greater than 15 days, a refund is offered, by bank transfer within two weeks to the bank account defined by the customer.
6.5 If the customer provides an incorrect delivery address (including but not limited to an address that is not the one desired, an address not served by the chosen shipper,...), he/she is solely responsible for any additional delivery costs incurred.
6.6 The article must be delivered to the customer within 30 days of the order. If this deadline is not met, the customer can immediately cancel the purchase by sending an email to info@mykimonobysaga.com, unless the parties have agreed on a different delivery time. Any payment received by the seller will be refunded within 14 days of the notification, by bank transfer to the bank account provided by the customer.
6.7 By choosing a shipping provider, the customer agrees with the general conditions and operational limits of that provider, as defined on the provider's website.
6.8 Any customs charges are the responsibility of the customer, regardless of any other consideration, including but not limited to refusal of the package.
Article 7 - Delivery risk
During the transit of the items between the warehouses and the delivery address, the seller assumes the risks incurred in case of damage, theft or loss of the products. This risk is borne by the customer upon receipt of the products. The seller does not bear any risk at the time of return of the items.
Article 8 - Retraction period
8.1 The customer has the right to cancel his order within 14 days after receipt of the order, without having to give any reason. The seller will then refund the amount of the purchase within 14 days of receipt of the returned items, provided that they are not damaged, worn, washed or clearly used or modified and that they are supplied with the complete packaging (box, silk paper and thank you card) and the original labels.
8.2 Personalized items will not be returned or exchanged under any circumstances.
8.3 The cost of returning/exchanging the items concerned is at the customer's expense.
8.4 The refund is made by bank transfer to the bank account defined by the customer, within two weeks of receipt of the returned order by the seller.
Article 9 - Terms of return
9.1 The customer has the right to return an article not on sale, not personalized and in good condition within 14 days following the reception of the order. The customer shall send his/her package by tracked shipping to the seller at his headquarters:
My Kimono by SAGA Homewear
The View Marbella
Calle Islas Azores, s/n, V511
29679 Benahavis
Malaga, Spain
9.2 The customer must download the return form on the website, print it, fill it out and put it in the return package so that it is valid and well identified. The customer will then send the package back through the carrier of his choice, taking care of the return shipping costs.
9.3 The customer is responsible for the good provision of the return of his articles until the reception by the seller. Any item (including the packaging box) that is damaged, incomplete or customized cannot be refunded, returned or exchanged.
9.4 The seller will make every effort to compensate the customer, as long as the customer has returned the items in compliance with all the conditions stated above (package tracking, proof of return, weight of the returned package, appropriate protection,...).
Article 10 - Intellectual property
10.1 All the texts, images, videos, comments, works, and illustrations reproduced on the website are reserved under the copyright as well as under the intellectual property, for the whole world. Any total or partial reproduction of the website is strictly forbidden without prior agreement.
10.2 All rights are reserved. It is not permitted to copy and/or distribute the information on the website without prior written permission, in any form whatsoever. Visitors and/or users of the website may not derive any rights from the information provided. The texts or graphic elements of this website may not be reproduced and/or made public, in whole or in part, in any way.
10.3 Any delivered item may not be modified in any way, unless the nature of the delivered items requires it, or it has been agreed otherwise in writing.
Article 11 – Liability
11.1 The seller has, for all stages of access to the website, the ordering process, delivery, or customer service, only an obligation of means. Its responsibility cannot be engaged for all the inconveniences or damage related to the use of the Internet network, such as an interruption of the service, an external intrusion or the presence of computer viruses, or of any fact qualified as force majeure, in accordance with the jurisprudence.
11.2 The liability of the seller for direct or indirect damages is always limited to an amount equal to the purchase price of the defective product.
11.3 The seller shall not be liable for any use by the customer that is not within the scope of a prudent and reasonable person.
11.4 The limitations of liability for direct and/or indirect damages included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the seller.
11.5 The images and videos offered by the seller are for illustrative purposes only, and can in no way be regarded as contractual.
Article 12 - Modification of the general conditions of sale
The seller reserves the right to adapt or modify at any time the present general conditions of sale. In case of modification, the general sales conditions in force on the day of the order will be applied to each order. These general conditions are recorded and available online at the URL provided at the time of the order, which includes the date of modification of these general conditions of sale in the form https://www.mykimonobysaga.com/terms-YYMMDD.
Article 13 - Information on the products
The seller makes every effort to ensure the accuracy of the information presented on the website. Nevertheless, the seller and its suppliers are not responsible for the consequences, incidents and damages resulting from electronic transmissions or the accuracy of the information transmitted, even if the seller was aware of the possibility of such damages. The names and brands of products and manufacturers are used only for identification purposes.
Article 14 - Force majeure
Neither party can be considered to have failed in its contractual obligations, insofar as their execution is delayed or prevented by a fortuitous case of force majeure. Is considered as force majeure any fact, legal act or circumstance external to the parties, independent of their will, unforeseeable, unavoidable, and which cannot be prevented by the latter. The party affected by such circumstances shall notify the other party within ten working days following the date on which it became aware of them.
Article 15 - Miscellaneous
15.1 Any deviation from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations regarding previously or subsequently concluded legal relationships.
15.2 The electronic interactions between the seller and the customer shall be deemed to be evidence of the inquiries and/or orders made by the customer. The customer and the seller therefore agree that electronic communications may be used as evidence.
15.3 If any provision of the General Terms and Conditions is declared void or invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect.
15.4 The seller's general terms and conditions of sale shall prevail over the customer's terms and conditions of purchase, if any.
Article 16 - Applicable law
The present general conditions are subject to Spanish law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the customer must first contact the seller to obtain an amicable solution. In the absence of an amicable solution, the legal proceedings must be held before the Commercial Court of Marbella.
Article 17 - Customer Service
For any information or question, the seller provides the customer with a "Customer Service", reachable by e-mail from Monday to Friday from 10:00 to 18:00, through the contact form available on the website.
Article 18 - RGPD
18.1 All data provided by the customer (name, first name, e-mail, postal address, telephone numbers) are only intended to be processed in the context of his order placed with the seller, its delivery and access to its online portal space. This data is kept for a maximum of 10 years, for tax and evidentiary purposes.
18.2 If the Customer subscribes to the seller's electronic newsletter, and only in this context, the customer agrees to receive e-mail communications on the seller's activities at various intervals, from which the customer can unsubscribe with one click through a link included in each e-mail.
18.3 The customer's data will not be passed on to third parties without the customer's express consent.
18.4 All subcontractors of the seller are also subject to the GDPR and the seller shall ensure, to the best of its ability, that they comply with the GDPR.
18.5 Customer data is confidential and therefore only stored in computerized form on computers and telephones with encrypted storage space and secure access.
18.6 Access to the database is monitored. Only the seller has access to it, as well as its service provider, who is bound by the RGPD.
18.7 In case of complaint, request for consultation, withdrawal, rectification or deletion of data or their access, the seller provides the customer with the e-mail address of its Data Protection Officer:dpo@mykimonobysaga.com