Updated: July 26, 2017
General Terms and Conditions of Contract
- a. That you have read and understood what is stated here;
- b. which is an elderly person with sufficient capacity to contract;
- c. assumes all obligations set forth herein. The use of this website attributes the condition of user of the Website (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. The User must read carefully these terms and conditions each time you access the Web Site, since it and the General Conditions are subject to change.
The Website Owner reserves the right to make, at any time and without notice, any changes or updates to its content and services; of these General Terms and generally, those elements which make up the design and configuration of Website.
1. Overview of the websiteIn compliance with the provisions of Article 10 of Law 34/2002, of July 11, services of the information society and electronic commerce, then the general information on the Website is provided:
- Holder: Intersales Commerce, S.L. (hereinafter, "Bluenty").
- Registered address: Artenasía, 18, local 8 - 41927 Mairena del Aljarafe, Spain.
- VAT Number: ESB90171281
- E-mail: email@example.com
2.1. Website Access
Access to the Website is free, except for the cost of connection through the telecommunications network provided by the service provider contracted by the user.
2.2. Registration need
In general, for access to services and contents of the Web Site, User Registration is not required. However, the use of certain services and content may be subject to prior registration.
The data entered by the user must be accurate, current and truthful at all times. The Registered User shall be responsible at all times for protection of its password, thus assuming any damages arising from its misuse, as well as its handover, disclosure or loss thereof. For these purposes, access to restricted areas and / or use of content and services conducted under the password of a Registered User are deemed made by such Registered User, who shall answer in every case of such access and use.
2.3. Rules for using the Website
The User agrees to use the Website and all of its contents and services as provided by law, morality, public order and the hereby General Conditions. Also undertakes to make appropriate use of services and/or contents of the Website and not to use it for illegal or criminal purposes, which infringe the rights of others and/or violate the regulations on intellectual property, or any other applicable legal standards.
The User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User undertakes:
- Do not enter or disseminate content or propaganda of a racist, xenophobic, pornographic, terrorism or violate human rights.
- Not to introduce or spread in the network data programs (viruses and harmful software) susceptible to cause damage to computer systems provider, its suppliers or third Users of the Internet.
- No broadcast, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized by the Constitution and international treaties.
- No broadcast, transmit or make available to third parties any information or content element that constitutes unlawful or unfair advertising.
- Not transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial areas) that have been designed exclusively for it.
- Not introduce or spread any false, ambiguous or inaccurate so as to mislead the recipients of information.
- Do not impersonate other users using their registry keys to different services and / or contents of the Website.
- No broadcast, transmit or make available to third parties any information or content element that involves a violation of the rights of intellectual property, patent, trademark or copyright that corresponds to the holders of the Website or third parties.
- No broadcast, transmit or make available to third parties any information or content element that involves a violation of the secrecy of communications and data protection legislation.
The User agrees to indemnify Bluenty to any possible claim, fine, penalty or penalties that may come forced to endure as a result of breach by User of any of the usage rules outlined above, furthermore reserves the right to request Bluenty compensation for damages and losses as appropriate.
User access to the Website does not imply Bluenty obligation to ensure the absence of viruses, worms or other harmful computer element. Corresponds to the User, in any case, the availability of adequate tools to detect and eliminate malicious software.
Bluenty is not responsible for any damages caused to the software and hardware of the users or third parties during the use of services offered on the Website.
Bluenty not responsible for any damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that produce the suspension, cancellation or interruption of the Website service while providing the same or, in the previous.
2.5. Contents and services linked through the Web Site
The service access to the Website includes technical linking devices, directories and even search tools that allow the user to access other pages and online portals (henceforth "Linked Sites"). In these cases, Bluenty only be liable for the contents and services supplied on the Linked Sites to the extent it is fully aware of the illegality and has not deactivated the link with due diligence. In the event that the User considering a Linked Site unlawful or inappropriate content, it may inform Bluenty without, in any case, the notice will entail obligation to remove the link.
In any case the existence of Linked Websites correspond to formal agreements with the managers or owners thereof, or the recommendation, promotion or identification of Bluenty with demonstrations, contents or services.
Bluenty do not know the contents and services of the Linked Sites and therefore is not liable for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services of the Linked Sites, nor for any other damage not directly attributable to Bluenty.
In cases where the user can access or is redirected to Linked Sites that allow the contracting of services and/or products, the user knows and accepts that Bluenty acts as a mere intermediary providing such access, so you will not be responsible or indirectly or a subsidiary, for damages of any kind arising from the free use and/or contracting for such services and third party products, as well as the lack of legality, reliability, usability, reliability, accuracy, completeness and timeliness thereof . With character and in no way limiting, Bluenty not be liable for any damages of any kind arising from defective performance or breach of contractual commitments acquired by third parties; performing acts of unfair competition and illegal advertising; inadequacy and failure to meet expectations of those services and third party products and vices and defects of any kind that may occur in them.
2.6. Intellectual property
All contents of the Website, this includes, without limitation, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design and source code are intellectual property of Bluenty or third parties, without being transferred to the User any exploitation rights recognized by current legislation on intellectual property on them.
The trademarks, trade names or logos are owned by Bluenty or third parties may not be construed that access to the Website confers any rights over them.
By accepting these General Conditions, the User grants to Bluenty, free and exclusive, all operating rights on articles, comments and opinions (hereinafter, "Content") that the User publishes or authorizes the publication on the Website. Such transfers shall be deemed given to the worldwide scope, without limitation, and the maximum duration period provided in Royal Legislative Decree 1/1996 of April 12, approving the revised text of the Intellectual Property Law approved, regulating, clarifying and harmonizing the applicable statutory provisions on the subject. Bluenty may exploit the rights of reproduction, transformation, distribution and publication of the Content, in the broadest sense recognized by the Act.
Users, who claims to have all the intellectual property rights on articles, comments and opinions mentioned above, and undertakes any claim or liability, including compensation for damages, any third party may exercise against Bluenty considering infringed its rights for any actions arising from obligations which the User contracts directly or indirectly with these Conditions.
Also, the User agrees to indemnify Bluenty before any damage he or a third party may suffer as a result of the formalization of the transfer of rights provided under this clause.
3. Terms and Conditions
3.1. Images and product availability
The images illustrating the products were supplied by our suppliers and has paid special attention to suppress any error, however to meet any tell so we can correct it as soon as possible for the benefit of all usuarios.Igualmente, is well advised in the case of purchase a product on this page, to ensure that the product name is the one you want.
Bluenty not guarantee full availability at the time of purchase regardless of receipt of order confirmation email. For it lacks the product purchased during the order; will be made, provided that the user does not want a new add or change the product, a refund of the amount of product is not available to the user order.
3.2. Purchase procedure
The procedure to purchase products via the Web Site, is as follows:
- 1. Start the process by pressing the "Add to Cart" button next to each product.
- 2. Select the product units to be acquired. At the cart page, the User can enter your shipping address to estimate the cost of shipping and taxes. Then must press the button "Place Order".
- 3. In the event that provided a discount coupon or gift, the user must include it in the cart on the link in the space provided for the introduction of the coupon ("Promotional Code"). In the event that the coupon can not enter into said space and ordering occurs without discount, the User can not claim after confirmation of the order of applying the discount.
- 4. Select whether the user is a new web customer or an existing customer, and in the first case, if you want to order while creating an account or not.
- 5. Select any of the shipping methods that will appear available for the delivery address.
- 6. Select one of the forms of payment that appear available: Payment by credit / VISA, VISA Electron, Maestro or Mastercard, PayPal, Trustly or bank transfer debit.
- 7. Finally, press the "Confirm Order" button. The user will receive confirmation of acceptance of your order by a message on screen and by email to an account previously provided.
3.3. Prices and Payment methods
All prices published on the Website, unless expressly stated otherwise, are inclusive of VAT. The User must pay for purchases by bank transfer, PayPal, credit card or debit VISA, VISA Electron, Maestro or Mastercard.
To pay by bank transfer, the user must make a transfer with the details that appear in the order confirmation email. In it appears the account number to do the transfer, the reference amount and must attach to streamline the process of final acceptance of your order. The order will be processed once the full amount thereof and within days of delivery customer statement run from receipt into account the full amount received. The order made by bank transfer is valid for 48 hours. Any payment made after that time may be subject to change product availability or price.
Bluenty reserves the right to request a copy by fax or email of the card used in the purchase and User identification (ID card, passport, ...) to confirm the accuracy of the information provided.
3.4. Delivery of orders, cancellations and refunds
Products purchased by the User will be sent via courier service used by Bluenty in each case. Once an order is shipped, the User will receive in the email address indicated a report with the name of the courier used and tracking number if possible.
Delivery of orders will be held at the delivery address freely designated by the user in the order form. Bluenty not accept any liability if the product delivery will not be realized as a result of inaccurate or false information provided by the user for this purpose, and in the event that the delivery can not be made through no fault of the company shipments allocated for this purpose, as is the absence of the recipient. The order will be delivered as soon as possible and, in any case, always within thirty (30) calendar days from the date of order confirmation.
Shipping days, always calculated based on working days, differ by province and/or country, giving orders on weekdays (except holidays). These days are always clearly indicated on our website and during the process. For any order placed after 12 pm (CET time) will have to add an extra day to working days Delivery announced.
Orders can be canceled without charge until the shipment is effective. If we receive notice of cancellation once the package is already submitted will be considered a return. Returns may take up to 15 days after receiving the product. Shipping costs are borne by the customer. The amount of the product will be returned in full, provided that the product has been previously returned and received by Bluenty in perfect condition. This implies:
- That the product has not been used or have any evidence that says so.
- That all accessories originally provided are included, under the same conditions, without being open, unsealed or used.
- The packaging of the product is the same, in the same conditions in which they were sent, including the stickers with serial numbers and references.
- In the case of glasses, obviously the product does not have scratches in lenses or in frame, and include the original sticker on the lenses.
Excluded from this case those returns arising from Bluenty error or defect of the product. In this case, Bluenty agrees to exchange the defective product with the same wherever there is availability. Will also be responsible for the return shipping charges. In the event that we could not make change the amount will be refunded. To enforce a return please contact us by phone at +34 902 070 675 or by email to firstname.lastname@example.org 24 hours from the delivery, we will not entertain any claim for damages of the product after 24 hours of receipt.
3.5. Specific Information regarding the purchase of contact lenses
When ordering please pay special attention to the following information, as we only deliver contact lenses under the following conditions:
- The contact lens specification transmitted in your order is valid and corresponds to the most recent fitting carried out by a registered optician or ophthalmic medical practitioner and is no more than one year old. Optimal use of contact lenses is assured if the wearer is familiar with the care and handling of contact lenses and regularly takes part in the necessary opthalmological examinations, in order to prevent any damage to his or her eyes.
- We explicitly request that contact lens wearers should have their eyes examined at least every six months. If the wearer has changed their brand, he or she should have the fit checked carefully by an ophthalmologist or a contact lens specialist. Regarding risks and side effects, please consult an ophthalmologist or contact lens specialist and make sure you read the information enclosed in the package.
- The respective manufacturer is exclusively responsible for the compatibility of the delivered products. Merchandise is delivered in the manufacturer’s original, unopened factory packaging. We accept no liability for incorrect use or improper handling. The stated shelf-life of contact lenses is based on the average amount of time that they would be worn. In order to prevent your eyesight from deteriorating further, we suggest that the recommended wearing period must not be exceeded. Should you develop any form of ocular irritation, please remove the contact lenses immediately and contact an ophthalmologist or eye specialist.
3.6. Specific information about buying prescription glasses
Before ordering your their prescription glasses you should consider::
- When buying prescription glasses, the customer confirms that they have been prescribed by an optician or ophthalmologist in advance, and that visits for eye examination at least once a year. Bluenty is not responsible for damage to health that may be caused by use of prescription glasses.
- Being a customized product, Bluenty can not accept returns of prescription glasses custom built for the customer. Where appropriate, Bluenty can check the correct definition of the lenses that have graduated and faithful adaptation as specified by the customer on his request. If there are any problems in manufacturing process of the lenses, Bluenty agrees to request the manufacturer for replacement thereof during its warranty period.
- The customer should be aware that Bluenty manufactures prescription glasses personalized for each request it receives, and the process use experience qualified optician optometrist staff. However the adequacy of the lenses to the customer is responsible for the latter, as Bluenty process the data provided by him in the order. Bluenty can not offer refund or reimbursement of products that has developed as requested in the request.
4. Null and void clauses
If any provision of these Terms be declared totally or partially invalid or unenforceable, such invalidity or unenforceability will only affect that provision or part thereof that is invalid or ineffectual and the General Conditions in everything else and considering all or part provision not included.
5. Applicable law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Spain. Bluenty and the User agree to submit any dispute that may arise from access and/or use of the Website, to the Courts of Sevilla, Spain, expressly waiving any other jurisdiction that may apply if they are different.