General conditions


This website is operated by Isabela Marbella. Throughout the site, the terms "we," "us," "our," and "operator" refer to Isabela Marbella. Isabela Marbella offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing our site and/or purchasing anything from us, you accept our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, vendors, and/or contributors of content. Please read these Terms of Service carefully before visiting or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your permission to allow all minor members of your household to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature.
Any violation or breach of any of the Terms will result in immediate termination of your Services. We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information), may be transmitted unencrypted and involve (a) transmissions over different networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfers over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these conditions, the following definitions shall apply:

  • Grace period : the period within which the consumer may exercise his right of withdrawal;
  • Consumer : a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day : February 1, 2024
  • Duration of the operation : distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
  • Durable medium : any medium that enables the consumer or business to store information addressed to him or her personally in a manner that allows future reference and unaltered reproduction of the stored information.
  • Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Entrepreneur : the natural or legal person who offers products and/or services to consumers remotely;
  • Distance contract : an agreement under which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more distance communication techniques;
  • Distance communication technique : means that can be used to conclude an agreement without the consumer and the business having to meet in the same room at the same time.
  • General contracting conditions : these General Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE EMPLOYER


Trade name: Isabela Marbella
Customer Service Email: soporte@isabela-marbella.es

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer. Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the general terms and conditions are available for consultation at the entrepreneur's premises before the conclusion of the distance contract and will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the provisions of the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data medium. If this is not reasonably possible, an indication will be given before the distance contract is concluded where the general terms and conditions can be consulted electronically and, upon request, they will be sent to the consumer electronically or by other means free of charge. In the event that product- or service-specific terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him. If one or more provisions of these general terms and conditions are at any time completely or partially void or destroyed, then the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced by mutual agreement immediately with a provision that most closely matches the scope of the original. Situations not provided for in these general terms and conditions must be evaluated "in the spirit" of these terms and conditions. Doubts concerning the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these terms and conditions.


ARTICLE 4 - EU AND OTHER INTERNATIONAL CUSTOMERS

International customers, including those from the European Union (EU), are subject to paying import duties and taxes upon arrival. These charges are not included in the item price and must be paid by the customer. Import duties can vary widely but are generally based on the price and type of item, the weight and dimensions of the package, the country of origin, and the taxes, duties, and fees of the destination country. You will typically receive an import invoice from DHL. In our experience, customs clearance is usually fairly straightforward. Always check with the relevant customs authorities or government agencies for the most accurate and up-to-date information, as these rules may change. If you need detailed information regarding these charges, please let us know.

ARTICLE 5 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The entrepreneur has the right to modify and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to adequately evaluate the offer. If the entrepreneur uses images, these are a faithful reflection of the products and/or services offered. Obvious or obvious errors in the offer do not bind the entrepreneur. All images and data specifications in the offer are indicative and cannot be grounds for compensation or the dissolution of the agreement. The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Each offer contains the necessary information to ensure that the consumer is clearly aware of the rights and obligations that come with accepting the offer. This applies in particular to:

  • The price excludes customs clearance fees and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special regulations for postal and courier services regarding imports. These regulations apply if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (along with any applicable customs clearance fees) from the recipient of the goods;
  • Any shipping costs;
  • The manner in which the agreement will be concluded and what actions are necessary for it;
  • Whether or not the right of withdrawal applies;
  • The form of payment, delivery and execution of the agreement;
  • The period of acceptance of the offer, or the period in which the entrepreneur guarantees the price;
  • The amount of the distance communication fee if the costs of using the distance communication technique are calculated on a basis other than the regular basic fee for the communication technique used;
  • Whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
  • The manner in which the consumer, before the conclusion of the agreement, can check the data he has provided in the context of the agreement and, if desired, restore them;
  • The languages ​​other than English in which the contract may be concluded;
  • The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of a duration transaction.
  • Optional: available sizes, colors, type of materials.

ARTICLE 6 - THE AGREEMENT

The agreement, without prejudice to paragraph 4, is concluded upon the consumer's acceptance of the offer and compliance with the conditions stipulated therein. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures. The trader may—within the legal framework—inquire whether the consumer is able to meet his or her payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has reasonable grounds for not entering into the agreement, he has the right to refuse an order or request or to set special conditions for execution, stating the reasons. Together with the product or service, the entrepreneur will send the consumer the following information, in writing or in a form that can be stored by the consumer in an accessible manner on a durable data medium:

  1. the address of the trader's office to which the consumer may contact to lodge complaints;
  2. the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
  3. information on existing warranties and after-sales service;
  4. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
  5. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a transaction of duration, the provision of the preceding paragraph only applies to the first delivery. Every agreement is concluded subject to the condition precedent of sufficient availability of the corresponding products.


ARTICLE 7 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons for a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to Isabela Marbella . During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to Isabela Marbella with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with reasonable and clear instructions provided by Isabela Marbella . If the consumer wishes to exercise their right of withdrawal, they are obliged to inform Isabela Marbella within 14 days of receiving the product. The consumer must notify this in writing or by email. Once the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example by providing proof of shipment. If the customer has not indicated that they wish to exercise their right of withdrawal after the expiration of the deadlines mentioned in sections 2 and 3 or has not returned the product to Isabela Marbella , the purchase is complete.

ARTICLE 8 - EXPENSES IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer. If the consumer has paid an amount, Isabela Marbella will refund that amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to Isabela Marbella or conclusive evidence of the full return can be presented.

ARTICLE 9 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

Isabela Marbella may exclude the consumer's right of withdrawal for the products described in sections 2 and 3. The exclusion of the right of withdrawal only applies if Isabela Marbella has clearly indicated this in the offer, at least prior to the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products:

  1. that have been created by Isabela Marbella according to the consumer's specifications;
  2. that are clearly of a personal nature;
  3. that cannot be returned due to their nature;
  4. that they spoil or age quickly;
  5. whose price is subject to financial market fluctuations over which Isabela Marbella has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer programs whose seal has been broken by the consumer;
  8. hygiene products whose seal has been broken by the consumer.

For services, exclusion is only possible in the case of:

  1. accommodation, transportation, catering or leisure activities on specific dates;
  2. delivery initiated with the express consent of the consumer before the cooling-off period has expired;
  3. services related to betting and lotteries.

ARTICLE 10 - THE PRICE

Isabela Marbella reserves the right to modify the prices of the products and/or services offered during the validity period indicated in the offer, even as a result of changes in VAT rates. Contrary to the previous paragraph, Isabela Marbella may offer products or services whose prices are linked to fluctuations in the financial market and on which Isabela Marbella has no influence, with variable prices. This link to fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer. Price increases within 3 months of the contract conclusion are only permitted if they arise from regulations or legal provisions. Price increases from 3 months after the contract conclusion are only permitted if Isabela Marbella has stipulated it and:

  1. are the result of legal norms or provisions; or
  2. The consumer is entitled to terminate the contract on the day the price increase takes effect.

The place of delivery pursuant to Section 5(1) of the Turnover Tax Act 1968 is the country where transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT or customs clearance fees. Therefore, Isabela Marbella does not charge any VAT. All prices are subject to printing errors. No liability is accepted for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, Isabela Marbella is not obligated to deliver the product at the incorrect price.

ARTICLE 11 - CONFORMITY AND WARRANTY

Isabela Marbella guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements for robustness and/or usability, and the legal provisions and/or government regulations in force on the date the contract was concluded. If so agreed, Isabela Marbella also guarantees that the product is suitable for use other than its normal use. A guarantee provided by Isabela Marbella , the manufacturer, or the importer does not affect the statutory rights and claims that the consumer may assert against Isabela Marbella under the agreement. Any defects or incorrectly delivered products must be reported to Isabela Marbella in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. Isabela Marbella 's warranty period corresponds to the manufacturer's warranty period. However, Isabela Marbella is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or treated in a careless manner or contrary to Isabela Marbella 's instructions and/or on the packaging;
  • The unsuitability is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

ARTICLE 12 - DELIVERY AND EXECUTION

Isabela Marbella will take the greatest possible care in receiving and executing product orders. The place of delivery will be the address that the consumer has communicated to Isabela Marbella . Subject to the provisions of article 4 of these general conditions, Isabela Marbella will execute accepted orders promptly and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation. In the event of termination pursuant to the preceding paragraph, Isabela Marbella will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution. If delivery of an ordered product is impossible, Isabela Marbella will endeavor to provide a replacement item. At the latest at the time of delivery, the delivery of a replacement item will be clearly and understandably communicated. Replacement items cannot be excluded from the right of withdrawal. The costs of any return shipments will be borne by Isabela Marbella . The risk of damage and/or loss of the products rests with Isabela Marbella until the time of delivery to the consumer or a previously designated representative and made known to Isabela Marbella


ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, comes into effect. In the case of a contract for the provision of a service, this period shall begin once the consumer has received confirmation of the contract. The consumer has the obligation to immediately inform Isabela Marbella of any inaccuracy in the payment data provided or declared. In case of non-payment by the consumer, Isabela Marbella will be entitled, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.

ARTICLE 14 - CLAIMS PROCEDURE

Isabela Marbella has a sufficiently publicized complaints procedure and will process the complaint in accordance with this procedure. Complaints regarding the execution of the contract must be submitted to Isabela Marbella in a complete and clearly described manner within a reasonable period of time after the consumer has detected the defects. Claims submitted to Isabela Marbella will respond within 14 days of receipt. If a claim requires a foreseeable longer processing time, Isabela Marbella will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.

ARTICLE 15 - LITIGATION

Contracts between Isabela Marbella and the consumer to whom these general terms and conditions refer are governed exclusively by Dutch law, even if the consumer resides abroad.

ARTICLE 16 - PERSONAL DATA

Isabela Marbella will only process buyer data in accordance with its privacy policy. For more information, please refer to the privacy policy published on the website. Isabela Marbella .

ARTICLE 17 - USE OF THE WEBSITE

It is prohibited to use the website of Isabela Marbella in any way that could interfere with its use by other users, jeopardize the operation of the website, and/or affect the information or software available on the website.

ARTICLE 18 - INTELLECTUAL PROPERTY RIGHTS

The user expressly acknowledges that all intellectual property rights in the materials, information, images and other content of the website are the property of Isabela Marbella , its subsidiaries or its licensors. It is prohibited to use, copy or disclose the contents of this website without the express written consent of Isabela Marbella , except and only to the extent permitted by mandatory law.

ARTICLE 19 - INFORMATION ON THE WEBSITE

Although the website has been prepared with the greatest possible care, information published on the website may be incomplete, incorrect, or outdated. Isabela Marbella is not responsible for the consequences of activities carried out on the website. If you have any questions about the accuracy of the data, or if you notice any inaccuracies, please contact us. Isabela Marbella .

ARTICLE 20 - CHANGES IN THE GENERAL CONDITIONS

Isabela Marbella reserves the right to modify these general conditions. The version published on the website at the time the order is placed will apply.