1 Previous information
These Terms and Conditions of Use (hereinafter, the “ Terms and Conditions ”) will regulate the purchase and sale of the Products that VISTACHIC SL (hereinafter, “ CHARLY THERAPY ” ) markets through its website https://charlytherapypro .com/ (hereinafter, the “ Website ”).
CHARLY THERAPY data is as follows:
· Company name : VISTACHIC SL
· Address : Calle Zamora 46, 6-3, 08005 Barcelona, Barcelona.
· NIF number : B- 66.575.275
· Contact email : info@charlytherapypro.com
2 Acceptance of the 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 to the fact 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 “ PRO Users ” of the Website any person registered or using it. Any person may register or use the Website as long as they accept the Terms and Conditions together with all other policies and principles governing the Platform and detailed below.
The Services provided on this Website are governed by: (i) these Terms and Conditions; (ii) Specific Conditions that may be published on the Website (iii) current and applicable laws, sector regulations and general criteria and practices.
3 Acceptance of the Specific Conditions
Access to certain content and use of the services may be subject to certain particular conditions, which, depending on the case, will replace, complete and/or modify these Terms and Conditions and, in the event of contradiction, the terms of the conditions will prevail. particulars about the General Conditions.
Before using, and/or requesting said specific services offered through the CHARLY THERAPY Website, PRO Users must carefully read the particular conditions created, if applicable, for this purpose by CHARLY THERAPY. The use, reservation and/or request of said specific services implies acceptance of the particular conditions that govern them in the version published by CHARLY THERAPY at the time such use, reservation and/or contracting occurs through the Site. Web.
4 Object
This Website, created and maintained by CHARLY THERAPY, has as its main objective the marketing and sale of sunglasses and screen glasses, 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 PRO Users with unique, competitively priced sunglasses and shades. (hereinafter, the “ Products ”).
At the time of choosing the CHARLY THERAPY Products, the PRO User must choose the corresponding Product that is available on the Website. The purpose of these general conditions is to regulate the sale of these Products to PRO Users.
5 User Support
The CHARLY THERAPY Website offers the PRO User the possibility of contacting the User Service service for any questions or issues that may arise in relation to the content in these Terms and Conditions.
To this end, CHARLY THERAPY offers its PRO Users a contact form on its website, facilitating direct and efficient communication to resolve doubts, problems or any other issue related to its Products or services. This method ensures personalized attention and complies with current legal regulations, protecting the personal information of PRO Users and complying with privacy and electronic commerce laws.
6 PRO User Account
The Website offers PRO Users the possibility of creating an account through an online form that must be completed with the required data.
In this sense, the PRO User will be responsible for the use of their PRO User account.
PRO Users must indicate their data in an exact, truthful, current and complete manner, as requested in the registration area of the Website. Among other aspects, the User must indicate their contact information in the registration request form (name, surname, tax information, order delivery address, contact telephone number, email, etc.).
In this sense, in relation to the account that the PRO User creates on the Website, the User will have full responsibility for its management and use.
Consequently, the PRO User is responsible for the adequate custody and confidentiality of the User name and/or passwords that allow access to their account, and undertakes not to transfer their use to third parties, whether temporary or permanent, or to allow access to third parties.
By virtue of the above, the PRO User must immediately notify CHARLY THERAPY via email info@charlytherapy.com of any improper use of their contact information (User name and/or password, etc.), due to circumstances such as theft, loss or unauthorized access to them, so that CHARLY THERAPY can proceed to cancel or block them and/or disable them as soon as they become aware of the improper use of their PRO User account. .
As long as such facts are not communicated, CHARLY THERAPY will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties.
7 Use of the Website
PRO Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website and all of this under the principles of good faith and respecting at all times current legislation and these Terms. and Conditions.
CHARLY THERAPY reserves the right to terminate those PRO Users who are misusing their account, carrying out fraudulent acts or that harm or may harm CHARLY THERAPY .
In the event that CHARLY THERAPY detects any anomaly or there are justified reasons that a PRO User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, CHARLY THERAPY reserves the right to terminate said User. PRO, including all those PRO Users who have benefited directly or indirectly from this type of actions, and may also exercise all legal actions that may apply. In this sense, CHARLY THERAPY declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or malicious action that seeks to alter the general conditions of use of the account by PRO Users.
CHARLY THERAPY reserves the right not to grant an account when it has reasonable and well-founded grounds to believe that a PRO User has violated these Terms and Conditions.
8 Orders, conditions of sale and warranty
CHARLY THERAPY offers its services in any territory in the world.
PRO Users must register by completing the mandatory form and will wait for activation by the Website to be able to place their first order.
The minimum purchase in that first order must be 420 euros excluding taxes. Starting with the first order, the minimum purchase will be 200 euros excluding taxes.
Under no circumstances will CHARLY THERAPY intentionally offer more units for sale than it has available. In the event that the Product is not available after the order has been placed, the PRO User will be informed, offering them the possibility of delaying delivery or replacing the Product with a similar one.
To make use of the guarantee, PRO Users must notify CHARLY THERAPY of any defect of conformity within six months from the date of the order that contained the defective item . The notification must be made through your PRO account following the processes enabled for this, providing as proof a photograph and a detailed description of the defect.
After verification of the defect and confirmation of acceptance of said defect by the Website, a discount code will be generated in the PRO user's account, which will be automatically deducted in the PRO user's next order.
The exclusions of this warranty include defects resulting from improper, incorrect or abusive use by the PRO User, normal wear and tear, aging of the Product, negligence, accidents, alterations by the PRO User or third parties, failure to follow the instructions for use, or tampering by unauthorized third parties. In particular, scratches on the lenses or defects related to the installation of lenses 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 adequate defense of consumer rights.
8.1 Order transit days
Estimated transit time for orders varies depending on the PRO User's location and product availability. Orders are processed and shipped, at most, within two business days of receiving payment. Customers will receive a shipping confirmation email once their order has shipped. From that point on, 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
· Other countries: 5-7 business days
PRO 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 issues, and holidays. In such cases, the delivery estimate will be updated in the tracking as soon as possible.
9 Prices and payment method
All prices of the Products indicated through the Website are expressed in euros and include VAT or any other indirect tax equivalent or that replaces it, and other taxes that may apply.
Regarding the payment method, the PRO User may pay the amount corresponding to their order using the payment methods accepted on the Website.
Once payment has been made, CHARLY THERAPY will send an email to the PRO User, confirming the details of the purchase made. Said email will assign a purchase reference code, as well as the corresponding invoice or receipt once the order has been formalized, that is, after acceptance of these Terms and Conditions and the corresponding payment.
PRO Users are guaranteed that the payment process is carried out with absolute security, in accordance with the security protocols and services required by applicable national and European regulations.
The PRO User must notify CHARLY THERAPY of any improper or fraudulent charge on the card used for purchases, by sending an email to the following email address: info@charlytherapy.com , in the shortest period of time possible. so that CHARLY THERAPY can take the appropriate steps in relation to the specific matter.
Shipping costs
CHARLY THERAPY offers free shipping on all orders over 300 euros (tax excluded) for shipments within the territory of the European Union. This shipping policy at no additional cost extends to all countries that make up the EU. For shipments less than 300 euros, the transportation cost is 14 euros.
Any shipment outside the European Union will be the responsibility of the PRO user, either by their own means, or with our transport (it will be quoted and added to the order amount).
Customs charges and tariffs
The expenses corresponding to tariffs and customs fees that may be generated when sending the Product to countries outside the European Union will be assumed by the PRO user in any case.
These charges, which may vary depending on the merchandise, its value and the destination country, will be the sole responsibility of the PRO User and will not be included in the original price of the Product or the estimated shipping cost.
It is important to keep in mind that customs duties and fees are established and collected by the customs authorities of each country and may be subject to change without prior notice. Therefore, it is recommended that the PRO User inform themselves about the customs regulations in force in the destination country before making an international purchase, to avoid possible surprises or inconveniences.
Likewise, in the event of a rejection or return of the merchandise by the customs authorities, the shipping costs and any other associated costs will be assumed by the PRO User.
10 Information about CHARLY THERAPY Products and Services
The data included on the Website in the descriptions of the Products have a purely informative function.
CHARLY THERAPY undertakes to take all measures at its disposal to correct, as soon as possible, any errors or omissions that occur after being informed of them.
11 Responsibility
CHARLY THERAPY does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from 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:
- Loss, damage, retention or delay in 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 operation of the Website, such as, for example, errors or delays in accessing the Website by the PRO User when entering their data in the order form, slowness or impossibility of reception by of the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of CHARLY THERAPY;
- Of the lack of usefulness of the Website or the contents for any service;
- From the content of other websites to which links or links inserted on the CHARLY THERAPY Website may be directed;
- The existence of viruses, malicious or harmful programs on the Website; and
- Of the illicit, negligent, fraudulent use, contrary to these Terms and Conditions or 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 from third parties.
In any case, CHARLY THERAPY is committed to solving any problems that may arise and offering all the necessary support to the PRO User to reach a quick and satisfactory solution to the incident.
12 Intellectual property
All rights over the content, design and source code of this Website and, in particular, but not limited to, all rights over photographs, images, texts, logos, designs, brands, trade names, data contained in the Website. included on the Website and any other intellectual and industrial property rights are the property of CHARLY THERAPY, or of third parties that have expressly authorized CHARLY THERAPY. for their use on your Website.
For this reason and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter , as well as As in Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, reproduction, transmission, adaptation, translation, distribution, public communication, including the method of making it available , is expressly prohibited. , of all or part of the contents of the Website, on any medium and by any technical means, unless express authorization is granted in writing by CHARLY THERAPY .
CHARLY THERAPY does not grant any license or authorization of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and in no case will it be understood that access and navigation by PRO Users implies a total or partial waiver, transmission, license or assignment of said rights by CHARLY THERAPY.
Any use of these contents not previously authorized by CHARLY THERAPY will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.
13 Data Protection
CHARLY THERAPY respects the privacy of its PRO Users and will ensure that personal data is processed in accordance with current legislation.
PRO Users have the right to access, rectify, and cancel their personal data and/or information, including their email address, as well as to oppose its processing and to be informed of the transfers carried out, all of this in accordance with the provisions of the applicable regulations.
CHARLY THERAPY 's privacy policy , visit the following link: https://www.charlytherapypro.com/es/content/20-politica-de-privacidad
14 Modifications
The information that appears on this Website is current on the date of its last update. CHARLY THERAPY reserves the right to update, modify or delete the information on this Website, as well as these Terms and Conditions, the privacy policy or any other information.
The entry into force of the modifications to the terms and conditions will occur from the moment of their publication on this Website.
15 Nullity and effectiveness of the clauses
All clauses or provisions of these conditions of use must be interpreted independently and autonomously, with the rest of the stipulations not being affected in the event that one of them has been declared void by a court ruling or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the Terms and Conditions.
16 Language
CHARLY THERAPY may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version will prevail in case of conflict with other translations.
17 Right to exclude
CHARLY 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 that of a third party, to those Users who fail to comply with these Terms and Conditions.
18 Extrajudicial Conflict Resolution
For the resolution of any discrepancy, issue or claim derived directly or indirectly from the interpretation or execution of these Terms and Conditions , the parties renounce the jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of the city of address of the User User.
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 the event of a dispute, Users who are residents of the European Union may go to the “Online Dispute Resolution Platform” that has been 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 PRO User can access the “Online Conflict Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/