Welcome to Clara Barcelo, please read the general terms and conditions (from now on, the "terms and conditions") described hereunder. This will apply for the navigation on the internet site www.clarabarcelo.com (from now on, the "website" when refering to the internet site) and the services offered in it.
Clara Barcelo reserves the right to edit either totally or partially, even not publish, the opinion text in case it's content is illegal, obscene, abusive, defamatory, injurious or does not follow the good customs (the present enumeration is merely exemplary). Clara Barcelo will not be responsible for the use of that personal information published by the user in this section of the site.
Clara Barcelo will be able to demand without previous notice that users register previously to be able to send a comment.
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Acceptance and awareness of the terms and conditions
The present terms and conditions are of obligatory and binding character. They apply to every purchase and activity performed via the website. The use of the site implies the awareness and acceptance of them. If you do not agree with the terms and conditions, you must abstain from using the website and/or the services offered by it. By website "user" it is infered not only registered users but also visitors.
To allow users a faster familiarization with these terms and conditions, they will also be able to consult all other instructions to operate on the website, like for example, the help site which is also a part of these terms and conditions.
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Modification of the terms and conditions
The terms and conditions may be replaced or suffer modifications at any moment by the exclusive criteria of Clara Barcelo, and it will not be required that users give their consent. For on course transactions having taken place before said modifications, in force conditions will be replaced on its concretion, unless they benefit the user.
Clara Barcelo will alert users about these changes by putting up a notice at the website for a reasonable amount of time. Without prejudice to the statement before, users are responsible for reading these terms and conditions every time they enter the website to check if they suffered any modifications
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Service interruption – responsibility exclusion
Clara Barcelo reserves the right to interrupt, suspend or modify at any time the services offered in the present website, whether permanently or temporarily. User conformity will not be required, neither will previous notice of any kind.
Likewhise, Clara Barcelo does not guarantee the permanent access or use of the website, since it may be interrupted because of technical reasons external to Clara Barcelo.
Nevertheless the previously stated, if the suspention or interruption mentioned was not due to force majeur or a fortuitous case, Clara Barcelo undertakes fulfilling services pending at the time of suspention or interruption.
Clara Barcelo does not guarantee that the website is free of viruses, worms or any other element that may damage or alter the normal functioning of a computer. It is exclusively the users responsibility and obligation to have the right tools to detect, disinfect and/or prevent any type of element and/or possible damage of this kind.
Clara Barcelo is not responsible for any damage that may be produced on the users or a third party's devices as a consequence of the navigation of the present website.
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Registration
The users can navigate the website freely.
To make a purchase, there are two modalities:
- Visit user: registration will not be required to make a purchase, but it will be obligatory to fill all the fields of the form with truthful and valid data, in an exact and precise manner, to ensure the correct functioning of the system. Making a purchase as a visit user does not allow ex-post to access the history of purchased articles. Every time the user wants to make a purchase as a visit, they will have to re-enter each required data (even though they entered it in a previous purchase).
- Registered user: this type of user will have to fill a registration form and indicate their username and password, with which he will be able to access his personal account. In case the user forgets this information, Clara Barcelo has a service to recover them. For this, the corresponding option has to be clicked and the e-mail which was entered for registration must be provided. Once this is done, the system will confidentialy send an email to that account containing the username and personal password. As much as Clara Barcelo undertakes maintaining the confidentiality of the provided data by the registered users, the users undertake to maintaining the confidentiality of their name and access code. In accordance with the previous paragraph, the users are responsible for the use of their password and they must have in mind that if other people have or might in the future have access to the email account provided in the registration, they will also be able to request the password and username. It is exclusively the users obligation to take the corresponding measures to prevent this from happening. The user undertakes inmediately and reliably notifying Clara Barcelo about any unauthorized use of their user account, and to maintain them unharmed in caso this causes any harm to the firm or to a third party. The registration of users is done by entering the website and is cost free. It is mandatory to fill every field of the form with valid and truthful data, in an exact and precise manner. For the correct functioning of the system, it is necessary that the user maintain their data up to date. Clara Barcelo can procede to verify the identity of the user and/or the data provided by him. Clara Barcelo does not take responsibility for the veracity o certainty of the data providad by the users. Likewhise, Clara Barcelo reserves the right to suspend temporarily or permanently the users in case of non-compliance of the terms and conditions, and to reject applications.
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Capacity
To use the website's services it is required to have the legal capacity to contract. People lacking this capacity, minors, people who have been suspended or disabled will not be able to access the services. The parents, tutors or persons responsible of minors or unfit people who use this website will be responsible for such use, including any charge, billing or damage derived from it.
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Privacy policy for personal data submitted by the user.
To be able to use the site efficiently and safely, users are required to provide certain data, amongst it, their name and surname, address, email account, document; without which it would be impossible to provide our services. Because of this, it is required that these are truthful and precise. The data collected from the corresponding forms will be incorporated into Clara Barcelo's general clients' base.
The personal information provided by users will be treated with confidentiality and Clara Barcelo will make it's best effort to protect their privacy, in accordance with the law 25.326. For this, the secure socket layer (SSL) system will be used. This system encrypts the submitted data and prevents it's unauthorized use, guaranteeing it's safe operation. Nevertheless, the user must take into account that the internet is not an inexpugnable medium in terms of it's security.
When data and numbers regarding credit cards are submitted, they are encrypted, making sure that they remain confidential and can not be seen by other people.
Visitors have the right to access, rectifiy, block or suppress the personal data they have submitted to the site personally or by a third party. It is made clear that this rights can only be exercised on information that can be considered personal data in the terms of the Law Nº25.326.
To exercise any of this rights, the Visitor has to send an email to [email protected] detailing their name and surname, document, their request and the reasons they are exercising their right. Having done that and if their request is valid, Clara Barcelo will communicate the Visitor if the request is being fulfilled or if it was denied. Clara Barcelo will have 10 business days from the moment they receive the request to send an answer in case of access request, and 5 business days if the Visitor requested the rectification, update or suppression of their data.
Likewhise, users can petition to cancel their request and to have their account eliminated from the data base.
Clara Barcelo guarantees it's users that it will use the data within the guidelines established by the law 25.326 of personal data protection.
In case the data is requested by the legal, administrative or judicial corresponding mediums, Clara Barcelo will be forced to reveal the data to the soliciting authority. As far as the legislation and procedure rules allow, Clara Barcelo will inform users about this requirements.
When registering to our website and being part of the general clients' base, users agree to Clara Barcelo contacting them via mail, by phone or electronically to send them information that the firm considers, by it's exclusive criteria, that might interest the user, including publicity and información on offers and promotions. In case the users do not want to be contacted for these reasons, they can mafiest it reliably to Clara Barcelo, who will procede to interrupt this type of communication in the shortest amount of time possible.
The holder of the personal data has the faculty to exercise their right of access to such data without cost in intervals not inferior to six months, unless a legitimate interest is accredited according to what is established in the article 14, item 3 of the law nº 25.326. The national drection of personal data protection, control body of the law nº 25.326, has the atribute to attend the complaints and claims that interfere with relation to the non-fulfillment of the rules on personal data protection.
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Veracity of submitted information
In case the information or data submitted by the user is not truthful, the user will be responsible for the damages that this may cause.
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Suggestions and comments
Every suggestion and comment the user makes can be taken into account, implemented or adapted by Clara Barcelo without this generating any right for such user.
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Cookies
The website can use a tracking system via "cookies", so that the access to the information, when going from page to page, is done faster. It also helps to identify users in some cases, whitout needing to ask for an access code over and over again.
These cookies are small files that the visited page sends and are stored in the computer's hard drive, using a small amount of space.
Users are let known that using that browser's options they can limit or restrict the storage of these cookies according to their will, although it is unadvisable to totally restrict it.
The system will be able to collect information regarding the user's preference and interests. If this happens, the information will be used exclusively for statistical purposes to better the services provided by the website. Clara Barcelo will apply, to the best of their ability, information dissociation procedures so that users can not be identified by their data.
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Offered products availability and price
Every purchase hangs on availability. Clara Barcelo does not only operate vía the internet. For this reason, it may occur that, although the purchase order may go through on the website, the product is not in stock due to the daily movement in our stores.
Likewhise, the price of the products we offer on the webiste may not coincide with the price of the different Clara Barcelo stores.
Information regarding products and precio can be changed without previous notice.
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Users options in the face of unavailable or delayed products
In accordance with the last point, in case the product/s select are no longer available or are delayed, Clara Barcelo will get in touch with the user and will provide him with the following options to choose from:
- Continue to wait for the shipment of the product (in case of delay)
- Cancelling the purchase and returning the money via the payment method used
- Opting for an alternative product offered by Clara Barcelo for the particular case
- Cancelling the purchase and emitting a purchase order for the same amount.
When the users opts to cancel the purchase, the money will be returned via the payment method used for the purchase. In case the users opts for an alternative product offered by Clara Barcelo, it will have to have equal or superior characteristics. In no case will the user be asked to pay supplementary money or pay for the difference, unless the alternative product offered by Clara Barcelo and chosen by the user has superior and costly characteristics compared to the one originally ordered.
Important: for the situations described in this section, the user will have ten days to choose one of the options mentioned. In case the user gives no answer, Clara Barcelo can presume the users chose cancelling the purchase and will procede to return the amount paid, via the original payment method.
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Returning of the sum paid
In the cases mentioned on the last point in which the user opted for the return of the paid amount, he must take into account that the process may take a few days, due to terms and administrative reasons.
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Promotions validity
In case offers or promotions take place, this will be valid for the purchases made from the starting date of said offers, until their conclution. The terms and conditions of such offers will be communicated via the website and will always be subject to the existance of stock of the offered products.
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Agregated value tax (IVA)
All prices on the website include IVA, unless stated otherwise.
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Products guarantee
The guarantee of products adquired through Clara Barcelo covers fabrication or quality defects only when the products were used for their intended purpose. Clara Barcelo does not cover product defects due to improper use or abuso of the product, the user being, in this case, the only one repsonsible. Once the term established on the second paragraph of point 16 of these terms and conditions.
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Repentance right. Returning of products
The user will have the right to return the products acquired on the website during a 30 (thirty) consecutive days term, counted from the delivery, without any responsibility. For this, the user will have to reliably notify Clara Barcelo, during the established term, and provide the acquired products. The products must be in the same condition in which they were received, not having been used, and with the original packaging. Clara Barcelo will return to the user all payments received, discounting the corresponding cost.
Likewise, if the product/s had a fabrication defect, had suffered damage or deterioration during transit, or were wrongfully dispatched, the user will have to get in touch with the costumer support within the term establish in the last paragraph, so that Clara Barcelo proceeds, depending on the case, to re-dispatch the purchase or to withdraw the order. In this case, all the costs from the returning of the product will be paid by Clara Barcelo
The products must not be used and must be in the same conditions in which they were received, with their original packaging and labels. For example, and just as an ilustration, if the product is in a ("blister pack") plastic wrapping, this must be opened tidily and carefully, since if it is not, it is not possible to make the return.
To know more about this subject, consult the Help page.
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Currency
All prices on the website are expressed according to the currency selected by the user.
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Payment methods
Payments can be done through PayPal. Clara Barcelo can provide other options to facilitate the purchasing.
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Payment via credit card
The payment processing will be done through PayPal's service. Clara Barcelo is not responsible for possible interruptions of the service provided by PayPal or for PayPal's handling of the information. All information entered by the user will be protected by the SSL system (check point 6).
The purchase confirmation with a credit card will depend on the authorization of the card issuing company.
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Product shipment. Delivery time
The deliveries will be made to the address indicated by the user. The validity of said address is exclusively the user's responsibility. No deliveries will be done to mail boxes or post offices.
Delivery times depend on the availability of the product, the shipment time and the payment approval. The indicated days are only estimations and assume the authorization of the payment was processed.
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Shipping costs
The user will be clearly informed of the shipping costs before making the purchase. This costs are calculated based on the monetary amount on the shopping cart and on the delivery address.
Clara Barcelo is always working to improve the quality and the shipping cost for their clients. For this reason, said costs and shipping policies can be changed without previous notice.
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Shipping schedules
The users can not choose the time or the day in which the adquired product/s will be delivered, therefore it is recommended to select a shipping address where there's always an adult to receive said delivery.
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Shipping address
The address in which the product is delivered will be the one indicated by the user. It may not coincide with their domicile. It is the user's responsibility to fill and carefully check the information regarding the shipment, so that the delivery is done effectively and punctually. As indicated in point 20, no deliveries will be done to mail boxes.
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Consulting the state of delivery
As part of the purchasing process, Clara Barcelo will send the client and automated mail indicated the tracking number, once the product is dispatched. This way, the client can track the shipping whenever they desire, through the logistic provider's website or the tracking link attached to Clara Barcelo's mail. In case of misplacement or any other mishap regarding the tracking number, the client can contact costumer support and request is once again, by indicating the order number.
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Purchase order cancelation
Without prejudice to the established on point 16, the user can cancel an order, as long as it has not yet been dispatched. For this, they will have to contact Clara Barcelo by sending an e-mail to [email protected].
If the entire order is canceled, the money will be returned via the payment method used by the user, or it can be used as credit to make another purchase. The user recognises that in this case, Clara Barcelo will have to make another delivery, and for that reason the user will be charged the costs caused by the modification.
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Using the "review a product" service
If you choose to "review a product", Clara Barcelo may require your name and email in case it is necesary to contact you afterwards. Through this funcionality, Clara Barcelo will not publish your email, although your name will be visible.
Clara Barcelo reserves the right to edit either totally or partially, even not publish, the opinion text in case it's content is illegal, obscene, abusive, defamatory, injurious or does not follow the good customs (the present enumeration is merely exemplary).
Clara Barcelo can without previous notice ask the users to register to be able to review a product.
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Using the "send a comment" service
If you choose to "send a comment", Clara Barcelo may require your name and email in case it is necesary to contact you afterwards. Through this funcionality, Clara Barcelo will not publish your email, although your name will be visible.
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Prohibitions
Users are strictly prohibited from:
- Sending files or any type of information which content is illegal, obscene, abusive, defamatory, injurious or does not follow the good customs (the present enumeration is merely exemplary);
- Sending files that contain a virus or any other characteristic capable of damaging the functioning of a computer, the website or the system;
- Using the webiste to violate any type of in force norm;
- Provide false data when registering or making a purchase, or at any other time in which any kind of information or personal data is required;
- Using programs, software or manual or automatic devices to monitor or copy the information or any type of content from the website without previous consent from Clara Barcelo.
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Statements
Clara Barcelo is not responsible for the veracity of the information provided to the website by a third party. It is also not responsible if it is reproduced or communicated directly by the users of the website without verification from Clara Barcelo. If any user is affected by the information alluded on the previous paragraph, they will have to communicate it to Clara Barcelo, via mail or post card, so that they proceed to suppress the information.
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All rights reserved. Intellectual property
All rights from the present website are reserved and correspond to Clara Barcelo.
The contect of the present website, including although not limited to the text, logos, pictures, images, graphs, and all the design in general, as well as it's data base and software, is property of Clara Barcelo or has the right to use it in virtue of the granted use licences and is protected by the in force national and international legislation on intellectual property.
If the user considers that in the website the intellectual property rights of third parties are violated in any way, they have to notify Clara Barcelo in the manner established on the present terms & conditions, accompanied by all the information and documentation necessary to back up said consideration.
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Business name and address
The company's business name is SE VE S.A., and the address is JUNCAL 1213 CP: 1062, Ciudad Autónoma de Buenos Aires, Argentina. CUIT N° 30-71521462-4.
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Notifications
All notifications and/or communications required because of the use of the website under this terms & conditions, must be done in writing: (i) to the user: via email, to their assigned email account, or via document paper, to the address specified during registration; (ii) to Clara Barcelo: to the email account [email protected], or to the legal address mentioned on the previous point.
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Advertisements and links
When the user "clicks" on advertisements or third party links and enters on other websites that do not belong to Clara Barcelo, they will be held to said sites terms & conditions. The user has to carefully read its access and use policies.
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Jurisdiction y applicable law
The present terms & conditions are governed without exception and on all it's points by the laws of the República Argentina and will be interpreted based on them.
In case of any difference, disagreement or conflict derived from the interpretation, validity, reach and/or application of the present general terms and conditions, the users will communicate with Clara Barcelo realiably, conveying their claim, so that the parties attemp to reach an agreement.
In case it is not possible to reach a solution, and to guarantee the consumers full access to justice, the users can choose and submit their claim to one of the following options and instances:
- National consumption arbitrage system of the Ministry of Economics and Production of The Nation. The procedures realted to this system are free of charge, and it is not necessary to have legal sponsorship. Likewhise, the equilibrium between parties and the transparency of the process is guaranteed, and the issued reports by said tribunal have res juridicata authority and are irrevocable (for more information about this system enter http://www.produccion.gob.ar/sistema-nacional-de-arbitraje-del-consumo/)
- City of Buenos Aires's Government General Directive of Defense and Protection of the Consumer (for more information about this system enter http://www.buenosaires.gov.ar)
- Ordinary Tribunals of the Capital Federal with competence in the matter. Once one of the choices is selected, the other alternatives are excluded. In the case any of the previous choices were burdensome or economically unviable to domestic users overseas, the parties, by the user's request, will determine a mutually convenient mechanism by common agreement to solve their differences.
