1 OBJECT AND SCOPE OF APPLICATION
These General Conditions of Use (hereinafter, Conditions) are intended to regulate access to the contents and services of the website owned by Luxury Fashion Iberia S.L. with an address at C / Avenida de Aragón 2, Valencia- Spain – with CIF B-84949449, (hereinafter, Certale), located at the URL www.certale.com.
Luxury Fashion Iberia S.L. is registered in the Mercantile Registry of Valencia, Volume 10,380, Book 0, Folio 201, Page 178564, Inscription 1.
The fact of accessing, browsing or using the services and contents of the website implies that the User has read, is aware and accepts these Conditions without reservation.
In this sense, the person who uses, navigates, or accesses any of the content and services offered on the website will be considered as User.
Certale reserves the right to modify the presentation, configuration, content of the website and any of its services, as well as the conditions required for access, use and / or provision of services offered. The access and use of the contents and services after the entry into force of their modifications or changes in the Conditions imply the acceptance of them.
2.DESCRIPTION OF SERVICES
Certale is exclusively dedicated to produce certificates of authenticity for second-hand bags, clothing, accessories, jewellery and watches.
Certale is committed to apply anti-counterfeiting procedures for the benefit of consumers and rights holders of each of the brands it certifies.
Certale in no case will be responsible for the final result of the certificate issued, especially when an item could be a replica or forgery.
The User undertakes to exonerate Certale and its directors, administrators, workers, representatives and suppliers from all claims, liabilities, claims for damages, expenses and costs, including the fees of legal professionals and advisers, incurred by Certale within the framework or by virtue of any claim made by a third party regarding a violation of intellectual and / or industrial property rights.
All certificates include an individual certificate number for each item along with a photograph and description of it.
CERTIFICATES OF BAGS / CLOTHING AND ACCESSORIES
1-Expert´s opinion: A meticulous analysis of the photographs sent by the User will be carried out in order to issue an opinion that is as close to reality as possible. In order to perform this service, it is necessary to have photographs with good quality and taken with natural light. In this case, the certificate will be sent exclusively by email and in no case it is binding.
2-CA Basic / CA High Standing: All certificates are prepared by a team of experts in the sector whose objective is to verify if the item received corresponds to the item from the manufacturer’s collection. The certificate will be sent together with the analyzed article by registered mail together with the article and by email. High-end certificates will be considered those in which their current market value is greater than € 3,000.
Jewellery certification is carried out by gemologists who have state-of-the-art research and measurement equipment to issue a rigorous and truthful gemological certificate of a piece of fine jewellery.
1-CA Basic: Document that verifies the composition of the jewellery piece by an expert gemologist. The certificate is issued from the analysis of the whole piece of jewell already assembled and not on the parts separately.
1-CA Expertise: It includes a document prepared by an expert gemologist in which the authenticity of the precious stones contained in a piece of high jewellery is certified, as well as the general description of the piece, type of stones that compose it, size, weight and colour. The certificate is made from a piece where the gems are already set on a setting, therefore, it is made from the already assembled piece and not from the pieces separately.
3-Watches: The certification of watches is very delicate and can only be done by a professional in this matter. The User accepts and is aware that it is necessary to be able to open the box for the expert to make an accurate judgment.
3.HOW TO ACQUIRE A CERTIFICATE
1-The User must select the certificate that best suits his-her needs and complete the purchase process where he-she will be asked for the main characteristics of the item that is going to be sent, personal data, and the address and collection time slot. The next step will be to finalize the purchase and make the payment for which the User must accept the terms and conditions.
2-You will be redirected to the payment gateway and you must enter the card details. The User may make payment with Visa, Visa Electron or Mastercard, Maestro and American Express cards.
The cards will be subject to checks and authorizations by the card issuing entity. If the issuing entity does not authorize the payment, Certale will not be responsible in any case for the impossibility of the formalization of the order and the subsequent cancellation.
3-Once the payment is finished, the User will receive an email with the purchase confirmation of his certificate.
4-The transport company designated by Certale will carry out the collection on the date and time indicated in the purchase form. No pick-ups will be made on Saturdays, Sundays, or holidays.
5-Once the article is received, it will proceed to its analysis to make the corresponding certificate and report. Delivery times vary depending on the type of certificate chosen. See delivery times in point 6.
6-The item will be sent together with the certificate by mail to the same collection address.
The prices of the certificates are indicated in Euros and include VAT, collection transport costs and delivery transport costs. Prices can change at any time, but will not affect orders for which a purchase confirmation has already been sent.
Expert´s opinion: For certificates in which an expert opinion is made, the certificate will be sent exclusively by email.
|BAGS||EXPERT´S OPINION||24,50 €|
|CA BASIC||42,50 €|
|CA HIGH STANDING||87,50 €|
|CLOTHES AND ACCESSORIES||CA BASIC||42,50 €|
|JEWELS||CA BASIC||80,50 €|
|CA EXPERTISE||115,50 €|
5 VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, it will be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at all times.
The times for preparing the certificates of authenticity may vary depending on the certificate chosen. The times indicated in the table are estimated in working days.
Certale undertakes not to exceed the maximum period of ten working days in the preparation of a certificate. It will be understood as working days from Monday to Friday except holidays.
|BAGS||EXPERT´S OPINION||3 DAYS|
|CA BASIC||4 DAYS|
|CA HIGH STANDING||4 DAYS|
|CLOTHES AND ACCESSORIES||CA BASIC||4 DAYS|
|JEWELS||CA BASIC||4 DAYS|
|CA EXPERTISE||7/10 DAYS|
Once the analysis has been carried out and the certificate has been issued, the delivery times of the item to the User range between 24 and 72 working hours.
In order to file any claim, it is necessary for the User to send an email within 24 hours of delivery and to do not remove the inviolable label that is attached to the article.
No deliveries are made on Saturdays, Sundays and holidays. For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been delivered at the time of signing the receipt of the order at the agreed delivery address.
7.IMPOSSIBILITY OF RETURNING ITEMS TO THEIR OWNERS
In some cases, it may happen that Certale is in possession of articles and cannot return them to their owners because there is no possibility of contacting them. In such circumstances, Certale will send an email message to the owner of the item. In the absence of a response, the articles in question will be kept at the disposal of their owners, for a period of (3) months from the moment the message is sent by email by Certale. If a User wishes to recover an item, they must request it by email after a bank transfer of 15 euros (taxes included), for unavoidable management expenses (expenses associated with the transport of collection, delivery and storage). Upon receipt of payment, Certale will proceed to return the requested item to the User.
In the event that Certale does not receive any claim within the aforementioned period of (3) months, ownership of the unclaimed item will pass to Certale, which may destroy it or donate it for charitable purposes if its state allows it.
8.RESPONSIBILITIES AND GUARANTEES
Certale does not guarantee or is responsible for:
1-The continuity of the contents of the website.
2-The absence of errors in said content or products.
3-The absence of viruses and / or other harmful components on the website or on the server that supplies it.
4-The invulnerability of the website and / or the impregnability of the security measures adopted in it.
5-The lack of usefulness or performance of the contents and products of the website.
6-Damages or losses caused, to himself or to a third party, by any person who violates these Conditions, rules and instructions that Certales establishes on the website or through the violation of its security systems.
However, Certale declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the website and prevent the existence and transmission of viruses and other harmful components to Users.
If the User becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could imply an infringement of intellectual and / or industrial property rights, he/she must immediately notify Certale so that it can proceed to the adoption of the Measures.
9.INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This website is governed by national and international legislation on intellectual and industrial property.
In no case it will be understood that the User’s access and navigation to the website or the use, acquisition and / or contracting of products or services offered through it, implies a waiver, transmission, license or total or partial transfer of said rights by Certale.
Certale is the owner or has obtained the corresponding license on the rights of exploitation of intellectual and industrial property of Certale, as well as the rights and / or licenses of intellectual, industrial and image property on the contents and products available through it.
It is not allowed to suppress, evade or manipulate the copyright notice and any other information identifying the rights of Certale.
Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents and products, included in www.certale.com for public or commercial purposes, if you do not have the express written authorization of Certale.
10.USING THE WEBSITE
By using this website and / or placing orders through it, the User agrees to:
- Make use of this website only to make legally valid inquiries or orders.
- Do not place any false or fraudulent order. If we reasonably consider that an order of this nature has been made, Certale will be authorized to cancel it and inform the relevant authorities.
- Provide the email address, postal address and / or other contact information truthfully and accurately. Likewise, the User consents to Certale to make use of said information to be able to get in touch.
- If all the necessary information is not available, Certale will not be able to fulfill the order.
- By placing an order through this website, the User declares to be over 18 years of age and have the legal capacity to enter into contracts.
11.LICENSE ON COMMUNICATIONS
In the event that the User sends information of any kind to Certale through the website, through the channels provided for this purpose on the page itself, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
The User acknowledges assuming responsibility and will hold Certale harmless for any communication provided personally or on his behalf, the accuracy, legality, originality and ownership of the same reaching said responsibility without any restriction.
12.LINKS TO OTHER WEB PAGES
In the event that, from the web page, the User could find links to other web pages through different buttons, links, banners, etc., these would be managed by third parties. Certale does not have the faculty or the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links can be established from the website.
Consequently, Certale will not be able to assume any type of responsibility for any aspect related to the web page to which a link could be established from it, specifically, by way of example and not limited to, its operation, access, data, information , files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
In this sense, if the Users had effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify Certale so that the access link to it may be disabled.
The establishment of any type of link from the website to another external website will not imply that there is any kind of relationship, collaboration or dependency between Certale and the person responsible for the external website.
Links on other websites to the website:
If any User, entity, site or web page wishes to establish some type of link to the web page, they must abide by the following stipulations:
The link may only be directed to the Main Page or Home of the website, unless expressly authorized in writing by Certale.
The link must be absolute and complete, that is, it must take the User, by means of a click, to the URL of the Website itself and must completely cover the entire screen of the Main Page of the Website. In no case, unless Certale expressly authorizes it in writing, the website that makes the link may reproduce, in any way, the website, include it as part of its website or within one of its “frames” or create a “browser” on any of the pages of your page or website.
In the web page that establishes the link, it cannot be declared in any way that Certale has authorized such a link, unless it has done so expressly and in writing. If the entity that makes the link from its page or website to the website owned by Certale correctly, it will want to include on its website the brand, name, trade name, label, logo, slogan or any other type of identifying element owned by Certale and / or the website must have prior written authorization.
The Certale does not authorize the establishment of a link to the website from those websites that contain materials, information or illicit, illegal, degrading, obscene content, and in general, that contravene morality, public order or generally accepted social norms .
Certale does not have the faculty or human and technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the website owned by Certale. In this sense, Certale does not assume any type of responsibility for any aspect related to the web page that establishes that link, specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
13.CAUSES OF FORCE MAJEURE
Certale in no case will be responsible for any breach or delay in the fulfillment of any of the obligations assumed under a Contract, the cause of which is due to events that are beyond a reasonable control that is considered to be a cause of Force Majeure.
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond reasonable control and among others, the following:
-Strikes, lockouts or other industrial action.
-Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
-Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
-Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
-Inability to use public or private telecommunication systems.
-Acts, decrees, legislation, regulations or restrictions of any government or public authority.
-Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
The obligations derived from the Contracts shall be understood to be suspended during the period in which the Force Majeure Event continues, and there will be an extension of the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. Certale undertakes to use all reasonable means to end the Force Majeure Event or to find a solution that allows compliance with the obligations despite the Force Majeure Event.
14.DURATION AND MODIFICATION
Certale reserves the right to modify the Conditions at any time, without prior notice and without having the obligation to justify its decision or assume any type of responsibility for it. The modified Conditions will be published on the website and must be accepted by each User, who, for this, must check the box provided for this purpose at the time of purchase. The User is recommended to consult its content each time he accesses in order to know possible changes or updates.
The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of these Conditions.
In the event that any provision or provisions of these Conditions were considered null or void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or Failure to apply will not affect the other provisions of the Conditions.
The non-exercise or execution by Certale of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless by acknowledgment and written agreement.
These Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the User’s address.