FLORENCIA DAVALOS TERMS & CONDITIONS

  1. INTRODUCTION

Welcome to the FLORENCIA DAVALOS.COM website. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE , YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION (IF APPLICABLE) DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND ECUADOR CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and FLORENCIA DAVALOS corporation with its principal address at OSWALDO GUAYASAMIN AND SIENA E5-25, 106 BLOCK E (hereinafter collectively, “us,” “our,” “we,” “FLORENCIA DAVALOS,” or the “Vendor”) on the other hand, in relation to your use of the Website, the goods/services offered and sold through this Website, and any orders you place through the Website (collectively, the “FLORENCIA DAVALOS Services”). Before you place an order, please carefully read these Terms and our Privacy Policy.

If you have any questions about the Terms or the Privacy Policy, you may contact us via mail [email protected]

  1. USE OF OUR WEBSITE

You agree that:

  1. You may only use the Website to make legitimate inquiries or orders.
  2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  3. You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).
  4. If you do not give us all of the information that we need, we may not be able to complete your order.
  5. By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

 

  1. SERVICE AVAILABILITY

Products offered through the Website are only available nationally in Ecuador that has a delivery point.

  1. HOW PURCHASE CONTRACTS ARE FORMED

No contract (“Contract”) in respect of the purchase of a product offered on the Site  shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Authorize Payment” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched or, if you selected the Pick-up In Store option (where available), by sending you an email and/or text message (if you so authorize at the time of purchase) that the product is available for in-store pickup at the store you designated during the checkout process (collectively, the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing the Order.

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

  1. AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. 

  1. REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.

  1. CANCELLATIONS

If you are contracting as a consumer, you may withdraw from the Contract at any time within 4 hours of the confirmation of dispatch of your order. In this case you will be refunded the price paid for such products in accordance with our Returns Policy (see Clause 13).

Your right to withdraw from the Contract will only apply to those products which are returned in the same condition as you received them. You must also include all instructions, documents and packaging for the goods. No refund will be made if the product has been used or damaged, so you must be careful with the product(s) while they are in your possession.

You do not have the right to withdraw from the Contract for the supply of Personalized Goods.

Please treat the product(s) with reasonable care while in your possession and keep, if possible, the original boxes and packaging in case of return.

Further details of this statutory right and an explanation of how to exercise it are set out in clause 13 of these Terms and a summary of this right will be provided to you on receipt of the Shipping Confirmation.

This provision does not affect the consumer’s rights under the law.

  1. DELIVERY

Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 5 business days of the date of the Shipment Confirmation.

Reasons for delay could include:

  1. Customization of products;
  2. Specialized products;
  3. Unforeseen circumstances; or
  4. Delivery area.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, “delivery” or the product(s) will be deemed to have been “delivered” at the time of signing for receipt at the agreed delivery address.

  1. UNABLE TO DELIVER

If it is impossible for us to make the delivery after two attempts, we will try to find a safe place to leave the package. We will leave you a note explaining where your package is and how to pick it up. If you are not going to be at the delivery place at the agreed time, please contact us to agree on another day for delivery.

  1. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 8 above), whichever event occurs later in time.

  1. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website  are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. Prices may change at any time.

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

will affect orders for which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make payment. To do this:

  1. Click on the “Shopping Basket” button at the top of the page.
  2. Click on the “View Basket” button.
  3. Click on the “Checkout” button.
  4. Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice should be sent.
  5. Enter your credit card details.
  6. Click on “Authorize Payment”.

Payment may be made by Visa, MasterCard, American Express card and any other card accepted at the store. Any legally permissible validation of checks and authorization of your card will apply. You may also be given the option to pay for your order at the till in which case, your payment can be made by and any of the means of payment available in that store.

By clicking on “Authorize Payment” you are confirming that the credit card is yours.

We use “Paymentez” to ensure that the payment has been made safely.

Credit cards are subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we are not responsible for any delay or non-delivery and cannot enter into any Agreement with you.

  1. VALUE ADDED TAX

In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT).

 

  1. RETURNS AND EXCHANGE POLICY

General policy: if you wish to cancel the Contract within the period specified in clause 7 above, you may return the goods to us at our FLORENCIA DAVALOS store or by delivering them to a courier at your own expense. You must deliver the goods in the same package in which you received them. You must contact us through our e-mail [email protected] so that we can arrange the return. You will be responsible for the cost of returning the goods to us. Please note that if you choose to return the goods to us carriage forward we will be entitled to charge you for any costs we may incur.

If you have any questions, you can contact us by email or by calling 0983893757.

Please return the item using or including its original packaging in addition to any accompanying instructions, documentation and wrapping.

After examining the item we will inform you if you are entitled to a refund. The refund will be made as soon as possible and in any case within 24 hours from the date you notified us of your intention to withdraw. The refund will be made by transfer.

Products that are not in the same condition as received, or that have been used beyond the mere opening of the product, will not be exchanged or returned.

Changes can only be made for the same article in different sizes.

Returns of defective products

 

In cases where you consider that at the time of delivery the product does not comply with the Contract, you must send the product purchased within 24 hours and proceed to contact us immediately via our email [email protected]  providing the details of the product and the damage it suffers, or by calling the number 0983893757 where we will tell you how to proceed.

To return the article you must send these addresses:

– By mail: Francisco De Orellana y Gonzales suarez 0E602 Urbanizacion la Hacienda Tumbaco.

– Store delivery: Oswaldo Guayasamin y Siena E5-25, Local 106 Block E.

The return or replacement of the item will be made as soon as possible. Within 24 hours after the delivery date we will send an email confirming that the return or replacement of the non-conforming item is appropriate, once the product has been inspected. We will carefully examine the returned product and inform you by e-mail within a reasonable time whether a return or replacement is appropriate (if any).

Any sums paid for products that are returned because of a defect or fault, where this exists, will be fully refunded to you. The refund will be made by transfer.

The rights recognised by the legislation in force are not affected.

  1. LIABILITY AND DISCLAIMERS

Our liability in respect of any Product purchased from our website shall be strictly limited to the purchase price of that product. Nothing in these Terms of Purchase shall exclude or limit in any way our liability:

  1. In the event of death or personal injury caused by our negligence;
  2. In the event of fraud or fraudulent misrepresentation; or
  3. In any matter where it is illegal or wrongful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for consequential loss or damage arising as a result of any loss or damage in any way whatsoever, whether caused by tort (including negligence), breach of contract or otherwise, even if it could have been foreseen, including but not limited to the following:

  1. loss of income or sales;
  2. loss of business;
  3. loss of profit or loss of contract
  4. loss of anticipated savings;
  5. loss of data; and
  6. loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated herein.

All product descriptions, information and materials contained on this website are provided “as is” and without warranties, express, implied or otherwise.

To the extent permitted by law, we exclude all warranties and disclaim those warranties that cannot be legitimately excluded vis-à-vis consumers.

The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trade mark and other intellectual property rights in the materials or content provided as part of the Website belong at all times to us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or contact details.

  1. WRITTEN COMMUNICATIONS

 

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contracts, notices, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.

 

  1. NOTIFICATIONS

 

The notifications that you send us should be sent preferably through our e-mail [email protected] .

It will be understood that the notifications have been received and have been correctly made at the same time that they are posted on our website, 24 hours after an email has been sent. To prove that the notification has been made, it will be sufficient to prove, that it had the correct address, the same one that was sent to the email address specified by the recipient.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement between you and us is binding on both you and us, as well as on our respective successors, assigns and assignees.

You may not transfer, assign, encumber or otherwise dispose of a Contract or any of the rights or obligations arising under it to you or for you without our prior written consent.

We may transfer, assign, encumber, sub-contract or otherwise transfer a Contract or any of the rights or obligations arising under it to us or for us at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, liens or other transfers will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties we may give you.

  1. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to perform, omission or accident which is beyond our reasonable control and shall include in particular (without limitation) the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat thereof, war (whether declared or not) or threat or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
  4. Impossibility of the use of ships, aircraft, motor transport or other means of transport, public or private.
  5. Impossibility of using public or private telecommunications systems.
  6. Acts, decrees, legislation, regulations or restrictions of other governments.
  7. Strike, failure or accident of maritime or river transport, postal or any other type of transport.

Our obligation to perform under any Contract shall be deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.

  1. RESIGNATION

If, during the term of a Contract, we fail to insist on strict performance of any of our obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or bring under the Contract or these Terms, that will not constitute a waiver of such rights or remedies and will not relieve you from fulfilling such obligations.

Any waiver by us of a claim for performance shall not constitute a waiver by us of a claim for subsequent performance.

No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notice section above.

  1. SEVERABILITY

If any of these Conditions or any provision of a Contract is deemed invalid, illegal or unenforceable to any extent by the competent authority, it shall be severed from the remaining conditions and provisions which shall remain valid to the extent permitted by law.

  1. INTEFRITY OF THE CONTRACT

These Terms and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of the Contract and supersede any prior agreements, arrangements or promises made between you and us either orally or in writing.

You and we acknowledge that we have agreed to enter into this Agreement without relying on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations between us prior to this Agreement, except as expressly referred to in these Terms.

Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Terms.

  1. OUR RIGHT TO MODIFY THESE TERMS

We have the right to review and modify these Terms at any time.

You will be subject to the policies and Conditions in effect at the time you place each order, unless we are required by law or government agency decision to make changes to those policies, Conditions or Privacy Statement, in which case any changes will also affect orders you have previously placed.

  1. APPLICABLE LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Ecuadorian law.

Any dispute arising from or relating to such contracts shall be subject to the non-exclusive jurisdiction of the Ecuadorian courts.

If you are contracting as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.

  1. QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.