TERMS AND CONDITIONS

Effective Date: May 1, 2020.

1. Introduction and Overview

Welcome to the website of La Gitanilla Flamenca.

The use of this site is governed by the Terms and Conditions (“Terms”) set out below for online trading between Iveta Buzgóová e.v. (“Owner, Company)”) owner of the label La Gitanilla Flamenca (“we”, “our”, or “us”) and the user of this website (“you/your”).

By visiting our website at www.lagitanillaflamenca.com (“Website”) and/or purchasing our goods from our webshop and/or using our services, you accept these Terms including our Shipping & Delivery Policy and Returns & Refunds Policy and additional policies referenced herein (collectively, “Additional Terms”). You expressly agree that you use our website at your sole risk.

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy.

Company’s name: Iveta Buzgóová e.v.
Company’s registered seat: 2364 Ócsa, Kertész utca 19, Hungary
Registration number at the Budapest Court of Registration: 52597901
Tax number: 69031630-1-33
Representative: Ms Iveta Buzgoova

Email address: info@lagitanillaflamenca.com

2. General Provisions

The following Terms and Conditions set forth a legally binding agreement between you and Iveta Buzgóová e.v. (La Gitanilla Flamenca) and govern your interaction with and sale of merchandise via our website and any other online service location that posts a link to these Terms and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). All information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms are in effect from 1st May 2020 and shall be effective until withdrawal. We reserve the right, at our sole discretion, to update, modify or replace any part of the Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please read the Terms and check back often. If you do not agree to any change to the Terms then you must immediately stop using our website and/or webshop. If you continue to use our website and/or webshop, you are deemed to accept the modified Terms. Any changes made after you have placed an order will not affect such order unless we are required to make such change by law.

You should keep a copy of these Terms and Conditions for future reference. If certain parts of our Terms and Conditions are unclear, or if you have any questions, please contact us via info@lagitanillaflamenca.com before you place any order on our website.

The governing law of these Terms is the Hungarian law.

The language of these Terms and that of the contractual relation between you and Iveta Buzgóová e.v. (La Gitanilla Flamenca) is the English language. Each customer order establishes a unique contractual relation between you and Iveta Buzgóová e.v. (La Gitanilla Flamenca).

3. Website’s Information and Access

Please note that purchases can only be made on the Website, as we do not receive orders made via phone, emails, or faxes.

The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by owner or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control. The Owner is not liable for any damage incurred by an unavailability of the Website.

The Owner does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, the Owner may be obliged to partially or totally suspend access to the Websites temporarily and without notice. By accepting these Terms, users accept any such technical interruptions.

The Owner reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.

4. Registration

To place an order on www.lagitanillaflamenca.com  you will need to register an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately by changing your details under the “My Account” section of the website. The account password you provide should be unique and kept secure, and you must notify us immediately of any suspected or actual unauthorised use of your account or breach of security.

We recommend that you read the Privacy Policy which also applies in the event that users access to lagitanillaflamenca.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes lagitanillaflamenca.com collects and uses your personal data.

5. Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password on www.lagitanillaflamenca.com. It is your sole responsibility to (a) careful, prudent use of your password; (b) secure use of account (c) promptly inform us of any need to deactivate a password. You grant lagitanillaflamenca.com and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website. If you are under 18, you may use lagitanillaflamenca.com only with involvement of a parent or guardian. lagitanillaflamenca.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. Order Procedure

After registration you can enter our online store and begin shopping. You can choose the products to be purchased and put the products into your basket.

For each product offered for sale on the Website, a name, description and a picture of the product concerned will be displayed on the Website, together with the unitary price and sizes available. The images are used only as an example of the product, a slight difference can exist between the photo and the product itself. La Gitanilla Flamenca cannot, therefore, be held responsible for any graphic misrepresentation of the product on the Website.

You can check the content of your basket by clicking on the “Basket” icon. It is possible to delete the product by clicking on the “Remove” icon. Items in your basket are not reserved and may be purchased by other customers. It will not be possible to save the shopping basket to proceed to the purchase on a later stage. If the purchase procedure is not completed, all items included in your current shopping basket will be deleted and you will need to start a new purchase procedure.

You may purchase one or multiple items in the same order and purchase procedure.

In a case when you have a discount code, you can enter that code into the “Coupon code” field and click on the “Apply Coupon” button. Then the purchase price will be reduced. Important: make sure that you actually added the discount to your order as we are unable to apply discounts once an order is finalised.

By clicking on the “Proceed to Checkout” button, you can start the payment procedure. First you should give your first and last name, billing/shipping address, telephone number and email address.

As next you can enter your billing address, which can differ from the shipping address. During checkout, the shipping fee will be calculated automatically on the basis of the shipping address according to our Shipping & Delivery Policy.

On the “Order Info” page you can review your order including shipping fee.

You can choose between several payment methods. You can pay with your credit card using Paylike payment gateway or your Barion, or PayPal account. All transactions are secure and encrypted. Credit card information is never stored by La Gitanilla Flamenca.

By clicking on “Place Order” button you can pay the purchase price of the product according to the chosen payment method. When placing your order, the purchase price, the shipping fee and all other applicable fees (if any) will be indicated that you have to pay to receive the products.

7. Order Confirmations and Acceptance

After placing an order and successfully completing the checkout process, you will be redirected to an order confirmation page and La Gitanilla Flamenca sends you an order confirmation email without delay, but not later than within 48 (forty-eight) hours from the time of the order. Usually, this message is shown in the webshop window after the payment method was successfully completed, with the wording “Your order is confirmed”. Such email contents your order’s summary.

La Gitanilla Flamenca is not liable for late confirmation if the confirmation delay is due to a false or incorrect email address provided by you during the registration process, or your email account is not able to accept messages because your inbox is full. This confirmation email is not an acceptance of your order, it is only a confirmation that La Gitanilla Flamenca has received your order.

Unless you cancel your order, acceptance of your order and completion of the contract between you and lagitanillaflamenca.com will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Hungary and the language of the contract is English.

Orders received from countries other than those selected for shipping or to addresses to which the Shipping Partner cannot ship cannot be accepted.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards.

8. Products and Availability

We produce unique and limited numbers of garments. It might happen that from a model we have only one size, one piece. All products may be available exclusively online through our Website. All physical products or merchandise purchased from the Service are made pursuant to a shipment contract.

La Gitanilla Flamenca does not guarantee the availability of the items offered on the Website, as they are subject to stock limits. La Gitanilla Flamenca invites you to check the availability of items offered on the Website at the time of purchase.

In the event of temporary unavailability of the products you ordered, La Gitanilla Flamenca will inform you within 48 hours by email. If the product/s is/are not available, no amount will be deducted from the payment method used during the purchase. If the purchase amount has already been charged, a refund will be issued within 30 days.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

9. Prices and Payment

Prices of the products available for sale on the Website are in Euros and US Dollars and include value added tax (VAT) in accordance with Hungarian tax rules, but do not include shipping fees. Shipping fees are displayed separately also in Euros / Dollars at the Checkout.

If you are a customer whose credit/debit card is not denominated in the same currency as your purchase, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. We are not responsible for possible exchange fees in these cases.

Charges on your bank statement will appear as “LaGitanillaFlamenca”.

While we will make all the possible efforts to ensure that all prices displayed on the Website are accurate and up-to-date, we may not exclude that errors may occur (e.g. an incorrectly low purchase price is indicated caused by an eventual system malfunction). If an error in the price of the products you ordered is identified after La Gitanilla Flamenca sent you the Acknowledgement Receipt but before the Order Confirmation, La Gitanilla Flamenca will contact you and ask you if you want to re-confirm the order at the correct price or to cancel it. If La Gitanilla Flamenca is not able to contact you, it will cancel the order.

If the issuer of your payment card refuses to authorise the payment to La Gitanilla Flamenca, we shall not be liable for any delay or non-delivery.

The total amount to be paid includes all costs on the basis of your order and the confirmation email. The invoice shall be sent to you in the parcel alongside your purchased item(s).

La Gitanilla Flamenca accepts the following types of payments: credit cards Visa, Visa Electron, MasterCard, Maestro debit cards (via Paylike), Barion, PayPal and any other methods which may be clearly indicated in the webshop from time to time.

All credit/debit card transactions on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure, lagitanillaflamenca.com uses Secure Socket Layer (SSL) technology.

10. Insurance, Shipping and Delivery

La Gitanilla Flamenca insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Please note that we aim to dispatch all orders within 24 hours after your order and payment has been accepted. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

Shipping costs shall be borne by you and will be itemised on the Order Form and related invoice.

All purchases will be delivered between Monday and Friday, excluding Saturdays, Sundays and local or national holidays, from the day after the Order Confirmation is sent to you, and in any event within 10 (ten) working days of the Order Confirmation, on the basis of the indicated availability. In any case, La Gitanilla Flamenca will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier. La Gitanilla Flamenca is not responsible for any delays caused by destination customs clearance processes.

The products will be dispatched to the address provided when the Order Form was completed. For security reasons, La Gitanilla Flamenca will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.

For specific product shipping and delivery procedures see our Shipping & Delivery Policy. Please read these sections carefully. The information provided in these sections forms an integral part of these Terms and Conditions and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

In the event of problems or if you do not receive the products within 10 (ten) working days of receipt of the Order Confirmation, please contact La Gitanilla Flamenca using the email address indicated in the “Contact Us” section of the Website. La Gitanilla Flamenca reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by you of the Order Confirmation.

All products come with an identification tag that contains an identification number, which constitutes an integral part of the product itself; La Gitanilla Flamenca recommends that you do not remove the tag and related identification number from the purchased products until you have verified that the products conform to the products you ordered or until you decide not to exercise your right of withdrawal under article 11 below.

11. Right of Withdrawal

If, for any reason you are not satisfied with your Order you can announce your right of withdrawal within 14 (fourteen) days of receiving your original order without reasoning. You announce such right in an expressed statement sent to our email address info@lagitanillaflamenca.com within the above fourteen (14) day deadline. Read more about our Returns & Refunds Policy.

You shall send back the item to us without delay, but within the initial fourteen (14) days upon delivery.

A refund will be issued to the purchaser of the product, provided that products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached, and complete with all parts and accessories. In case the right of return is exercised for all the Products included in the same purchase order, all products must be returned to us contemporaneously with the same shipment. The products must be returned using their original packaging.

The deadlines above shall be regarded as being complied with if you send your statement or the item before the fourteen (14) days has expired. As La Gitanilla Flamenca receives the returned item, a quality control procedure shall take place in order to determine the appropriateness of the returned item.

La Gitanilla Flamenca reserves the right to reject the return of any products that do not meet the requirements specified in the Returns & Refunds Policy.

The amounts paid at the time of purchase will be refunded as soon as possible and in any case within thirty (30) days of the date on which La Gitanilla Flamenca first became aware of the exercise of the right of withdrawal by the Consumer, activating the refund procedure, and provided that the conditions described in Returns & Refunds Policy have been met.

If you use the couriers indicated by La Gitanilla Flamenca to return the products within the EU, shipping will be free of charge. If you use a different courier, they will be responsible for the return and La Gitanilla Flamenca will not be liable for any loss of the product, incorrect shipping or addressing or delayed delivery, and you will assume all risks associated with shipping. In this case you will be responsible for return shipping costs. Shipping costs are non-refundable unless the item is defective. We recommend you obtain a proof of postage and use a suggested and trackable shipping service or purchase shipping insurance.

We shall refund the price paid for the returned item once it is received by us. We shall not refund such shipping fee, which was chosen by you and was not in line with our usual shipping method. The refund shall be made in the same way as the original method of your payment was made.

If the recipient of the products indicated in the Order Form is not the person who made payment for the amounts owed for the purchase of the products, the refund will be issued by La Gitanilla Flamenca to the person who made the payment.

You will receive a written notification via email that we have received your returned item. Any item returned exceeding the fourteen (14) day deadline will not be eligible for a refund and will be shipped back to the sender.

You are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalised to you (made to measure item).

The right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity.

12. Liability for Products

Please note, that La Gitanilla Flamenca is not liable for damages resulted from natural amortisation, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the product description.

12.1 Liability for defective items (in Hungarian: kellékszavatosság)

In case of defective performance (in Hungarian: hibás teljesítés) you are entitled to make a claim for defective items against us on the basis of the Hungarian Civil Code.

Upon your request you are entitled to make the following claims:
If an item is defective due to a manufacturing fault, we will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired it by yourself or a third party and we pay for the repair, or to a full refund (purchase price incl. the shipping fee).

You are entitled to modify your chosen claim, but you are responsible for the costs imposed by this modification, except it was caused by us.

You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest.

Within the first six (6) months from delivery you shall inform us about the defect and confirm that the item was provided by us. Within such six (6) month deadline there is no other condition to make your claim on the basis of the liability for defective items.

After the expiry of the above six (6) month period, however, you are required to prove that the defect discovered by you has already existed at the date of delivery.

After the expiry of a two (2) year period following the date of delivery, you are not entitled to make any claims on the basis of the liability for defective items.

12.2 Liability for defective products (in Hungarian: termékszavatosság)

If you are a private person purchaser, you shall also have a right to make a claim against La Gitanilla Flamenca for defective products as described in this clause 12.2. Please note, however, that under Hungarian law you need to choose between your rights described in clause 12.1 and clause 12.2, i.e. making a claim against La Gitanilla Flamenca because of defective items (in Hungarian: kellékszavatosság) or defective products (in Hungarian: termékszavatosság). You are not entitled to make a claim against La Gitanilla Flamenca on the basis of both clauses.

If a product is defective, you are entitled only to choose to have it repaired by us or require us to exchange the product. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, you are required to prove the defect of the product. The product is deemed to be defective only if (a) it does not meet the quality requirements applicable by law to the particular product, or (b) it does not have the characteristics set out in the description of the product delivered by us.

You are entitled to make your claim against us within a two (2) year period following the date of delivery.

13. Customer Complaint Handling

La Gitanilla Flamenca shall seek to achieve a friendly settlement of any complaint you may have through negotiation or any other peaceful means.

Your complaint can be sent to our address. La Gitanilla Flamenca shall answer every written complaint in writing within thirty (30) days from receipt. In case La Gitanilla Flamenca does not accept your complaint, it shall give a reasoning thereof.

The protocol in respect of your complaint shall be retained by La Gitanilla Flamenca for three (3) years.

The contact where you can turn to with your complaint is as follows:

Iveta Buzgoova e.v.
2364 Ócsa, Kertész utca 19, Hungary
Telephone number: +36-70-201-4226
Email address: info@lagitanillaflamenca.com

You can turn with your complaint also to the Hungarian Consumer Protection Authority as follows:

Budapest Főváros Kormányhivatala, V. Kerületi Hivatal, Fogyasztóvédelmi Főosztály
Address: 1051 Budapest, Sas u.19. III. em. Hungary
Telephone number: +36 1 450-2598
E-mail: fogyved_kmf_budapest@bfkh.gov.hu

You can turn with your complaint also to the Hungarian Conciliation Body as follows:

Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: +36-1-488-2131
E-mail: bekelteto.testulet@bkik.hu

The Hungarian Conciliation Bodies are listed at the following link:
https://www.fogyasztovedelem.kormany.hu/#/hova_fordulhatok

14. Indemnification

You agree to indemnify, defend and hold harmless La Gitanilla Flamenca and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Intellectual Property Rights

All content included on lagitanillaflamenca.com, such as works, images, pictures, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of lagitanillaflamenca.com and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of lagitanillaflamenca.com as the case may be.

Lagitanillaflamenca.com shall have the exclusive right to authorise or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Lagitanillaflamenca.com shall have the right, at any time, to claim the authorship of any Content posted on this Website and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by lagitanillaflamenca.com shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

16. Data protection

For data protection, please see our Privacy Policy.

17. Technical requirements

Our website is designed and run by WordPress (https://wordpress.com/), our webshop is based on the WooCommerce webshop engine (https://woocommerce.com/).

Hosting service provider: EZIT Kft.

Registered seat:  H-1132 Budapest, Victor Hugo u. 18-22.

In order to be able to use our website and our webshop you will need to have at least the following software.

The list of supported browsers includes: Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge, Opera, Apple Safari for iOS, Google Chrome for Android.

We kindly ask you to use an appropriate virus scanner and virus killer software.

We cannot guarantee that the website will operate continuously without any interruptions and errors due to the connection to the Internet. We have adopted adequate technical and organisational security measures to protect goods and services on our website, integrity of data, and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our website, and to avoid unauthorised or unlawful access to such data and information.

18. Miscellaneous

If La Gitanilla Flamenca does not exercise any of its right derived from these Terms or other policies or legal provisions, such non-exercise shall not be deemed as a waiver of such right.

Any waiver shall be made in writing. When La Gitanilla Flamenca shall not insist strictly on a significant provision of these Terms this shall not imply that La Gitanilla Flamenca renounces its insistence on the strict compliance of such provision.

La Gitanilla Flamenca does not make any particular promises in connection with the goods and services, besides the expressed terms and conditions in these Terms. La Gitanilla Flamenca does not undertake any responsibility for the goods’ and services’ content, functioning, reliability, availability and ability to meet your needs. La Gitanilla Flamenca provides the services on the basis of the principle “as is.”

La Gitanilla Flamenca excludes all forms of warranty to the extent permitted by law. The maximum amounts La Gitanilla Flamenca pays for commitments relating to claims that are based on warranties including implied warranties under these Terms is the amount you have paid for the services. La Gitanilla Flamenca is not responsible in any case for reasonably unforeseeable losses and damages.

If any provision of these Terms becomes invalid, unlawful or unenforceable, the other provisions of these Terms shall remain in effect.

We will be happy to give you more information in relation to our goods and services, the operation of our website, and the order and shipping procedure of our products. Please feel free to contact us at any time.

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