•  CASA CAPRICHOS USER AGREEMENT

 

CASA CAPRICHOS is a trade name owned by Boryana Chervilova.

www.casacaprichos.com is an internet domain owned by Boryana Chervilova.

By using the web site www.CasaCaprichos.com, or by establishing an account with CASA CAPRICHOS and using the CASA CAPRICHOS service, you accept, without reservation or condition of any kind, the following terms and conditions which constitute the CASA CAPRICHOS User Agreement, as well as any restrictions on use that may be imposed from time to time.

 

1.- GENERAL

 

Although CASA CAPRICHOS is commonly known as an online marketplace, it is not a traditional retailer.

Instead, CASA CAPRICHOS acts as a place to match buyers and sellers.  

CASA CAPRICHOS does not participate in the actual transaction between buyers and sellers and does not transfer the legal ownership of the items from the sellers to the buyers. As a result CASA CAPRICHOS has no control over the items advertised or the ability of sellers to sell items or the ability of buyers to pay for items.

 

CASA CAPRICHOS is an online marketplace that supports the best local brands,small and independent brands by providing them with an online space to sell jewelry, personal accessories and home decor items and products.

 

2.- DEFINITION OF INFORMATION

 

Your “information” is defined and conceptualized as any information that you provide to CASA CAPRICHOS or other users either in the registration, the listing process (which includes photographs and descriptions) as well as any area of public

message areas, (including forums, comment areas or through any email function).

 

You are solely responsible for your information. CASA CAPRICHOS acts as a passive conduit for your online distribution and publication of your information.

 

3.- DISPUTE RESOLUTION

 

In the event that a dispute arises between you and CASA CAPRICHOS, the user must send an email to info@casacaprichos.com and we will work quickly to find a solution.

In the event that the dispute originates with a store or Boutique, the user will have to proceed by contacting directly that Boutique, through their profile, and not CASA CAPRICHOS.

 

We recommend that you report the Boutique to a mediation or arbitration entity or make respective legal claims for the defence of your interests and rights. The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 

4.- CONDITIONS OF USE

 

The user of this page:

  •  Acknowledges and agrees that you must be 18 years of age or older to use this site or to establish an account
  • Acknowledges and agrees that you are solely responsible for keeping your password secure and private.
  • Agrees not to use CASA CAPRICHOS for any illegal or unauthorized purpose.
  • Agrees to comply with all local laws regarding online conduct.
  • Agrees that you are solely responsible for your conduct and for any data, text, information, screen names, graphics, photos,
  • profiles,audio and video clips, or links or any other content that you submit or post or display on the website.
  • Agrees not to modify, adapt or hack CASA CAPRICHOS, nor to modify another website to falsely imply that it is associated with
  • CASA CAPRICHOS
  • Agrees not to impersonate a member of CASA CAPRICHOS.
  • Agrees not to transmit viruses or any code of a destructive nature.
  • Agrees and acknowledges that the web site is a site and as such is not responsible for the content published on the site send an email to info@casacaprichos.com and we will work quickly to find a solution.
 

In addition, the user accepts that the personal data provided by them or that may be provided to CASA CAPRICHOS in the future, may be processed in a personal data file, in accordance with the personal data policy and the Spanish law.

 

The user accepts the Spanish legislation as applicable to these conditions and submits to the Spanish Courts and Tribunals for the resolution of any litigation that may arise.

 

 

 

5.- CONDITIONS OF USE II

 

  •  CASA CAPRICHOS reserves the right to modify or cancel any service, for any reason or at any time, with or without prior notice.
 
  • CASA CAPRICHOS reserves the right to modify this CASA CAPRICHOS user agreement at any time, alter the present general terms and conditions or introduce new terms of use. If the alterations constitute a material change to the terms of use, to be determined at CASA CAPRICHOS’ sole discretion, CASA CAPRICHOS will notify you by email in accordance with the preference you have expressed in your account.
 
  • CASA CAPRICHOS reserves the right to refuse service to anyone for any reason at any time.
 
  • CASA CAPRICHOS may remove content (example not limited to: articles, article descriptions , chat text, stand text and information posted in the forums) that CASA CAPRICHOS determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or otherwise in violation of any party’s intellectual property, CASA CAPRICHOS’ terms of use, CASA CAPRICHOS’ privacy policy or any other policy documents and Community guidelines posted on CASA CAPRICHOS. However, CASA CAPRICHOS is under no obligation to.
 
  • The service allows you to publish images hosted by CASA CAPRICHOS, on external websites. This use is accepted, however the pages of other websites that show images hosted in CASA CAPRICHOS, must provide a link to CASA CAPRICHOS, from each photo to its photo page in CASA CAPRICHOS.

 

  • CASA CAPRICHOS will inform the users and visitors of the page of the obligation or not to provide each and every one of the personal data requested in the access and registration forms and/or contents offered in the web page. The warning will be made at the time of collection, through visual warnings, such as floating windows, placement of asterisks or symbols next to the requested data or similar means to those mentioned above. In any case, the refusal to provide the requested personal data, the delivery of inaccurate data or incomplete data could cause the inadequate, inefficient, defective or non-provision of the services and/or contents offered to the users and visitors.
 
  • CASA CAPRICHOS may offer links to other web pages as a complement to its offer of information and services. However, it cannot be held responsible for the information, products or services that may be found in Internet addresses owned by third parties.
 
  • CASA CAPRICHOS, will cancel your account, without prior notice, if your account is used to host graphic elements of web page designs, forum avatars, badges and other non-photographic elements.
  •  Only the administrator of CASA CAPRICHOS will be able to delete a profile (store or buyer user), for which a request from the users must be previously made to the e-mail address info@casacaprichos.com. The deletion of the profile will entail the deletion of the private images stored in the system.
 
  • By uploading images and article description content to CASA CAPRICHOS, you grant permission for other CASA CAPRICHOS users to view them and you grant CASA CAPRICHOS to display the images and content on the CASA CAPRICHOS website, on its various social network profiles, in the form of promotional content on other web portals, and in CASA CAPRICHOS emails, in addition to authorizing the storage of the images, article description, profile and other content.
 
  •  All CASA CAPRICHOS graphics, logos, designs, page headers, button icons and service names are registered or unregistered trademarks. CASA CAPRICHOS trademarks or the CASA CAPRICHOS name may not be used, including as part of trademarks and/or as part of domain names in connection with any product or service, in any manner that is likely to cause confusion.

 

6.- MEMBERSHIP

 

CASA CAPRICHOS services are not available to minors, nor to CASA CAPRICHOS members who have been temporarily or indefinitely suspended. It is also forbidden to sell, or transfer by any means, your account or user id.

 

7.- PURCHASES AND OBLIGATIONS OF THE BUYER

 

Any natural person of legal age and/or any legal entity can buy at CASA CAPRICHOS, once registered.

 

The products purchased in different stores will also be sent from different places, with different commercial conditions, both in terms of price, delivery time and returns.

 

A buyer is obliged to complete the transaction of the purchase of an article in CASA CAPRICHOS, in any virtual store, within 3 days.

 

Buyers’ regret is not a valid reason to request a refund from the seller. The buyer will not be able to cancel an order he/she has placed. In any case, there is the option of the right to reimbursement.

 

8.- PURCHASE OBLIGATIONS AND GUIDELINES OF THE SELLER

 

Any natural person of legal age, or legal entity, Spanish or foreign, can use the CASA CAPRICHOS platform to sell their products or services related to home decoration, jewelry and personal accessories. Those interested must register and open their online store. They will have to set up their shipping rates and their Paypal account for collections and payments.

 

As a prerequisite to join our platform, the seller must have a portfolio of at least 6 products that show a cohesive style. The photographs of the products must have been taken using natural light and avoiding the use of mannequins.

 

Each boutique will have a unique showcase that is completely editable by the seller, thus allowing him to create his own brand area within CASA CAPRICHOS, as well as to direct customers from the showcases to his social channels to promote themselves in social networks.

 

To change the name of the boutique, it will be necessary to contact CASA CAPRICHOS through the email address info@casacaprichos.com.

 

To close the boutique, it will be necessary to send an email to info@casacaprichos.com. The closing of the boutique will not be possible as long as there are open orders, that is to say, orders pending to be fulfilled, which must be executed within a maximum period of 20 working days. Once the boutique is closed, it will be removed from the website, it will not appear in the listings and its items will no longer be for sale. Closing the boutique will not prevent you from continuing to be billed if there are still outstanding invoices.

 

Boutiques will have two additional ways to promote themselves, such as the opportunity to be featured in our press releases, on the website and on our social channels, as well as promotion on our social media channels, as well as promotion through key categories and landing pages to drive traffic directly to your store.

 

The seller undertakes to always keep its product listings up to date, as well as to maintain a sufficient level of stock to cover all orders that may reasonably occur.

 

The seller agrees to maintain the prices of products or services offered on CasaCaprichos in line with the prices offered on other competing websites, ensuring consistency and fairness in competition.

 

 

The website administrator reserves the right of admission in order to avoid the denaturation of the marketplace. Once opened, the store becomes a member of the marketplace and will be able to post products for sale, as well as advertise courses and workshops, in the general calendar.

 

Each of the products must undergo a filter of approval by the Administrator before publication.

 

Once all the registration requirements have been duly completed, any seller will be able to start selling its products in CASA CAPRICHOS, without any initial installment or start-up fee.

 

The responsibility for the product and its delivery will be solely and exclusively of the seller, and CASA CAPRICHOS will be excluded from any responsibility that may arise from such concepts.

 

The seller is free to unsubscribe from the platform at any time, for which he must previously communicate his will to the administrator through the address info@casacaprichos.com, and the respective profile will be deleted. The administrator will have the exclusive power to delete profiles. This will also delete the private images stored in the system.

 

Sellers acting in a professional manner must clearly indicate them and expressly comply with the provisions of:

 

  1. Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary and concordant laws.

 

  1. Organic Law 3/201899 on Data Protection, EU Regulation 2016/679 of 27 April, as well as its implementing regulations and other complementary regulations.

 

Changes in the rates and credits policy and the rates of our services become effective after CASA CAPRICHOS notifies you with at least 14 days notice, by publishing the changes in CASA CAPRICHOS.

 

However, CASA CAPRICHOS, may choose to temporarily change the CASA CAPRICHOS rate policy and CASA CAPRICHOS service rates for promotional events (e.g. free posting days) and such changes become effective when CASA CAPRICHOS posts the temporary promotional event on CASA CAPRICHOS.

 

CASA CAPRICHOS may, at its sole discretion, change some or all of the CASA CAPRICHOS services at any time.

 

In the event that CASA CAPRICHOS introduces a new service, the rates for this service become effective at the launch of this newly offered service.

 

CASA CAPRICHOS will not be responsible for the failures that may occur in communications, including the deletion, incomplete transmission or delays in the transmission, nor does it commit itself that the transmission network will be operative at all times. Neither will CASA CAPRICHOS be responsible in case a third party, breaches the security measures established by CASA CAPRICHOS, has access to any messages, places computer viruses or produces any other type of damage in the computer system that may have repercussions on the users.

 

CASA CAPRICHOS has adopted a Personal Data Protection Policy, but cannot guarantee the absolute invulnerability of its security systems, nor can it guarantee the absolute security or inviolability of such data in its transmission through the network. While CASA CAPRICHOS makes and will make every effort to do so, it cannot guarantee the legality, reliability and usefulness of the contents and services, as well as their truthfulness or accuracy.

 

You are responsible for paying all fees associated with the use of the CASA CAPRICHOS service and all applicable taxes.

 

All sales are binding. If you, as the seller, receive a purchase request (order), you are immediately obligated to complete the transaction with the buyer, unless there is an exceptional circumstance such as the buyer not complying with the terms of the advertisement (as a method of payment) or the buyer’s identity cannot be authenticated.

 

Without limitation of any other remedy, CASA CAPRICHOS, without prior notice, may prevent the infringer’s access, suspend or terminate the account, if CASA CAPRICHOS suspects, in its sole discretion, that there has been a violation of any of CASA CAPRICHOS’s policies, as set forth in this agreement, the privacy policy or any other policy document or guideline or if you have engaged in fraudulent or inappropriate activities in connection with CASA CAPRICHOS. 

 

CASA CAPRICHOS may alert the competent authorities or take legal action for compensation for the damage caused.

 

If CASA CAPRICHOS cancels a listing on your account, closes your account or if payment of your seller fees cannot be completed for any reason, you remain obligated to pay all unpaid fees, plus penalties and interest, if applicable.

 

Failure to pay a single invoice entitles CASA CAPRICHOS to remove your selling privileges, suspend or terminate your account. In that case you will continue to be obliged to pay the outstanding invoice, plus any applicable interest, as well as fines or court costs if they occur.

 

If the Seller’s account is not paid in full and becomes overdue, CASA CAPRICHOS reserves the right to attempt to collect the overdue fees by charging the Seller’s registered card.

 

Your activities, resulting from your information or any item listed, shall not:

 

  • Be false, inaccurate or misleading, or use false identities or impersonate the identities of other persons.
 
  • Violate the law or public order. The use of services will always be in accordance with these general conditions.
 
  •  Be fraudulent or involve the sale of illegal, counterfeit, stolen items or items that violate the Terms of Use in any way.
 
  • Infringe the copyrights, patents, trademarks, trade secrets or other intellectual property rights or rights of publicity or privacy of any third party.
 
  •  Violate any law, statute, ordinance or regulation, including those governing export control, consumer protection, unfair competition, anti-discrimination or misleading advertising. CASA CAPRICHOS does not allow the listings of items that have been identified and declared to be dangerous to consumers and therefore subject to a recall.
 
  •  Be defamatory, commercially defamatory, threatening or harassing.
 
  • Incite violence or hatred, including insults or any action against the rights of minors and children. It is also expressly forbidden to copy material protected by copyright, sending unsolicited emails (SPAM mail) and the collection of personal data or other information or software from our systems; and in general any type of activity that is against the law, knowing that CASA CAPRICHOS is governed by Spanish law.

 
  • Be obscene or contain pornography of any kind.
 
  •  Contain viruses, Trojan viruses, worms, time bombs or other software programming routines of any kind, which may damage, interfere with, intercept or expropriate any system, data or personal information.
 
  • Link directly or indirectly to or include descriptions of goods or services that:
  • Are prohibited under this Agreement, the privacy policy or other policy documents and community guidelines posted on CASA CAPRICHOS.
  • Are identical to other items you have for sale but are priced lower.
 
  • Are simultaneously listed for sale on a website other than CASA CAPRICHOS.
 
  • You are not entitled to link to or include.
 
  • Have prices that are considered excessive on items necessary for the health and welfare of the general population, in times of emergency or other market disruptions that cause shortages of some products.

 

You agree that you are solely responsible for your behavior and for any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you upload, post or display on the web.

 

CASA CAPRICHOS may contain bot opt-out headers. Much of the information on CASA CAPRICHOS is updated in real time and is either the property of CASA CAPRICHOS or is licensed to CASA CAPRICHOS by CASA CAPRICHOS users or third parties. You agree that you will not use any bot or other automated system or technology to access CASA CAPRICHOS, without our prior express written permission.

 

You further agree that you will not take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large upload on our infrastructure.

 

9.- PRICES

 

The prices of the products indicated in the CASA CAPRICHOS web site include VAT. They do not include shipping, which in any case will be added separately, depending on the origin, destination and weight, with the exception of the articles that are picked up at the store, which will not be charged any shipping costs.

 

 

 

10.- FEES AND INVOICES.

 

Once all the registration requirements have been duly completed, any seller will be able to start selling their products in CASA CAPRICHOS, without any initial set up or start up fees.

You are responsible for paying all fees associated with the use of the CASA CAPRICHOS service and all applicable taxes.

 

Changes to the fee and credit policy and fees for our services become effective after CASA CAPRICHOS provides you with at least 14 days notice by publishing the changes on CASA CAPRICHOS.

 

However, CASA CAPRICHOS, may choose to temporarily change the CASA CAPRICHOS rate policy and CASA CAPRICHOS service rates for promotional events (e.g. free posting days), and those changes become effective when CASA CAPRICHOS posts the temporary promotional event on CASA CAPRICHOS.

 

CASA CAPRICHOS may, at its sole discretion, change some or all of the CASA CAPRICHOS services at any time.

 

In case CASA CAPRICHOS introduces a new service, the fees for this service become effective at the launch of the service.

 

If a seller owes any amount of money in fees, at the beginning of the month an invoice will be sent by email, specifying the owed amount. Payment of the outstanding amount must be fully paid within 30 days of the date of the invoice.

 

CASA CAPRICHOS will charge a 30% commission for each of the sales made through our page.

 

The seller needs to send a monthly invoice, which will detail all the purchases that were made during that period in its boutique.

 

In order to fulfil the payments payable to CASA CAPRICHOS, the seller must make use of the store’s PayPal account, requesting a monthly payment in the “withdrawal” section, and the payments will be credited accordingly. The invoice corresponding to the previous month may be sent later, after the 14 days of the devolution timeframe has concluded.

 

If said payment should fail, the seller has the obligation to communicate with PayPal to solve the problem as soon as it may be possible, so that the payment of the invoice can be completed promptly.

 

The responsibility for the product, as well as its shipment, delivery, after-sales service and returns, will be solely and exclusively of the seller, CASA CAPRICHOS will be excluded from any liability that may arise from such matters.

 

11.- SHIPMENT OF THE PRODUCTS

 

The maximum delivery time of the articles will be 20 working days.

 

Orders must be shipped within 2 working days after the payment is confirmed by the buyer.

 

When the article or articles have been created or manufactured in a personalized form and custom- ordered, they must be shipped within 5 working days. This period may be extended provided that the buyer is aware of this and has given consent.

 

12.- CANCELLATIONS, RETURNS OF ORDERS AND REFUNDS

 

Buyer’s regret is not a valid reason for requesting a refund from the Seller. The buyer may not cancel an placed order, but retains the right to a refund.

 

Once the item has been shipped, the buyer will only be able to cancel the placed order, and obtain a full refund of the paid amount, by returning the item directly to the store or Boutique in question, not to CASA CAPRICHOS. It must be returned in the same conditions in which it was sent. The objects must be unused and in their original condition except for the buyer’s right to inspect and test the object or product, being the sole responsibility of the client to return the correct and proper packaging of the product so that it can be received by the Boutique without damage or impairment of any kind.

 

If this is the case, the buyer must inform the particular online store or Boutique in writing of their willingness to return the item within 14 working days of receiving the item.

 

No refund will be accepted for products sent by mistake to the address of CASA CAPRICHOS.

 

The Boutique will have to provide the customers with instructions on how they can return their item, in order to obtain the refund.

 

The cost of returning the item will be at the buyer’s expense, unless the item received is incorrect or defective, in which case the Boutique will have to assume the cost of the item’s return through direct payment to the buyer through PayPal.

 

If the buyer receives a defective product, the buyer must contact the specific store or Boutique within 7 days after receipt.

 

Defective products must be returned in their original packaging.

 

If the product is found to be defective, the return shipping costs will be refunded.

 

13.- RESPONSIBILITY FOR THE PURCHASE AND SALE

 

Each virtual store within CASA CAPRICHOS platform is responsible for its own commercial transactions and will establish its own conditions that in no case, however, may contradict the norms, guidelines and criteria established by the platform.

 

14.- PROMOTION OF THE BOUTIQUE

 

The seller may obtain, upon payment of the relevant price, the advertisement of the boutique on the most popular pages of the site. In order to carry out this special promotion, an inquiry must be sent to info@casacaprichos.com. The cost of the promotion will be included in the monthly invoice. Once the offer has been confirmed, it cannot be modified or cancelled.

 

15.- MAINTENANCE OF THE PLATFORM

 

Maintenance of the CASA CAPRICHOS platform may block access to it. The maintenance measures will be carried out preventing inconvenience to the members as much as it may be possible. The periodic or planned maintenance works will be carried out at low traffic hours and in case of prolonged duration, sufficient advanced notice will be given.  Additionally, unannounced maintenance work may be carried out, for example, if unforeseeable malfunctions require it. A specific operational availability of the CASA CAPRICHOS platform is not guaranteed.

 

16.- PRIVACY AND DATA PROTECTION

 

In compliance with the Data Protection Law, we inform you that the personal data provided by you in any of the forms included in this website, are included in computer files owned and under the responsibility of Boryana Chervilova with NIF Y6793711P and address at Calle Andrea Doria 31, 08003 Barcelona, Spain  and will be processed by automated methods for the sole purpose of enabling the proper management of our business relationships and / or allow the fulfillment of the services developed on this website.

 

The files have been registered with the Spanish Data Protection Agency (AGPD) in compliance with the legal obligations established in the EU Regulation 2016/79 of the 27th of April and in the Organic Law on Data Protection , in the Organic Law 3/2018 of the 5th of December and in the complementary and concurrent legislation.

 

At any time you can exercise your right of access, rectification, cancellation and opposition, by writing to Boryana Chervilova at the addressCalle Andrea Doria 31, 08003 Barcelona, Spain or by email to the address info@casacaprichos.com

 

17.- EXPRESSED CONSENT

 

Boryana Chervilova is responsible for the processing of the personal data of the interested party and informs that the data is stored in accordance with the provisions of EU Regulation 2016/679 of the 27th of April and the Organic Law 3/2018 of the 5th of December (LOPDGDD), therefore the following information on the processing of the data is provided.

 

1.- Purposes and Legitimacy of the treatment: to maintain a professional relationship and dispatching communication of products or services.

 

2. Criteria for the storage of data: they will be kept for no longer than necessary to maintain the purpose of the processing or as long as there are legal requirements that determined their storage, so that when they are no longer necessary for this purpose, they will be deleted with appropriate security measures to ensure the confidentiality and anonymity of the data or the total destruction of the aforementioned.

3. Disclosure of data: data will not be disclosed to third parties, unless legally required to do so.

  

4.- Rights of the interested party:

 

  1. Right to withdraw consent at any time.

     

  1. Right of access, correct, modify, transfer and delete their data and to limit or oppose the processing of their data.

  1. Right to file a complaint with the competent supervisory authority (www.aepd.es) if you consider that the processing of data does not comply with current regulations.a

    In addition, the user accepts that the personal data provided by them or that may be provided to CASA CAPRICHOS in the future, may be processed in a personal data file, in accordance with the personal data policy and the Spanish law.

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Questions about the Terms of Service should be sent to us at info@casacaprichos.com.