TERMS OF USE OF MR. BOHO

 1.         GENERAL INFORMATION

These terms of use (the “Terms of Use”) govern access to and use of the website hosted under the domain name www.globefeel.com and under any of the subdomains thereof or its dependent webpages, as well as the content and services that the owner of the website makes available to its users.

In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site:

 

Globe Feel Company (from now on Globefeel) is a corporation with registered address in Spain. The email for any communications is globefeel@gmail.com

 

2.         OBJECT OF THE CONTRACT 

 

These Terms of Use constitute the entire agreement which regulates the conditions governing the purchase of products made available to the Users by Globefeel on the Website.

 

Access to the Website or its use by the User, as well as the purchase of any Product, necessarily implies, and without reservation, the knowledge and acceptance of these Terms of Use, and as such it is recommended that the User reads them carefully each time s/he wishes to buy a Product.

 

3.         PRODUCT PURCHASE

 

3.1     How to buy Products

 

In order to order Products, the user must follow the purchasing procedure set out on the Website, read and accept the Terms of Use and places the order. Then GLOBEFEEL will email the user to confirm that the Order has been accepted. The contract between the User and GLOBEFEEL will be formalized once GLOBEFEEL sends the user an Order Confirmation. Only those products listed in the Order will be covered by the contract.

 

3.2     Availability of Products

All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, GLOBEFEEL cannot provide the requested Product for any reason, it will contact the user as soon as possible in order to report this circumstance.  In this case, GLOBEFEEL may:

(i)      offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or

(ii)     offer the User to cancel the requested Order, refunding the amount paid within (14) business days.

 

3.3     Refusal to process an Order

 

Although GLOBEFEEL will always attempt to process all orders, there may be exceptional circumstances in which  GLOBEFEEL may be forced to refuse to process an order after having sent the order confirmation, and GLOBEFEEL reserves the right to do this at any time at its sole discretion. 

GLOBEFEEL reserves the right to withdraw any Product from the Website at any time and to remove or modify any materials or content, and shall not be liable to the user or to any third party as a result of withdrawing any product from the website, regardless of whether the product has been sold or not, or as a result of removing or modifying any materials or content on the Website.

  

3.5     Delivery of Products

 

Once the order confirmation is sent, the products will be delivered to the address specified by the user when making the order within approximately one to seven (1-7) working days from the day the order has been placed.

In the case of express shippings, the delivery time will be 1/3 working days.  

GLOBEFEEL assumes no liability where the product is not delivered due to the fact that the data provided by the user is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of user or the retention of the product by customs.

Delivery times are approximate, although GLOBEFEEL tries to meet them.

If for any reason the estimated date of delivery is not accomplished, GLOBEFEEL will notify the user and will offer the user an option to continue with the order, establishing new delivery date, or by returning the full price of the product to the user.

3.6      Delivery costs

Delivery costs include transport, insurance and customs at source. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties)are not included; the recipient will have to settle these in cash in order to receive the merchandise. The recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted. The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which GLOBEFEEL cannot be held responsible. Neither GLOBEFEEL accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control.  GLOBEFEEL does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order

 

3.7     Price and payment of the Products

 

The prices applicable to each product will be those published on the website on the date on which the order is placed by the user. Although GLOBEFEEL tries to ensure that all prices listed on the website are accurate, errors may occur. In the event that GLOBEFEEL discovers an error in the price of any of the products that a user has requested, it will inform the user as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If GLOBEFEEL fails to contact the user, the order will be considered cancelled and the user shall be fully refunded any amounts paid.

GLOBEFEEL shall not be required to provide the user with any product at an incorrect lower price (even if the order confirmation has been sent) if the pricing error is obvious and unmistakable and could be reasonably recognized by the user as an incorrect price.

The prices may change at any time. However, any changes will not affect the products with respect to which GLOBEFEEL has already sent an order confirmation.

 

Users may pay by credit card or Visa debit, Visa Electron, MasterCard, American Express or PayPal. To minimize the risk of unauthorized access, the user's credit card details will be coded. Both if the payment is made by credit or debit card or through PayPal, the charge will be made at the time when GLOBEFEEL sends the Order Confirmation to the User.

 

The VAT rate will be the legally applicable rate at each time depending on the particular product.

 

4.         RETURN AND EXCHANGE POLICY

 

4.1.        Right of withdrawal

Under applicable regulations, in the event that the user is contracting as a consumer, s/he may cancel the contract (except for the cases established by law) and freely return or change the delivered Products at any time within seven (7) calendar days from the date of delivery (the “Withdrawal Period”).

Once the returned product has been inspected to verify compliance with the requirements of section [3] below, and in the case that the user decides not to exchange the product, GLOBEFEEL shall refund the user the amount paid for Product, excluding shipping expenses which will be paid by the User.

 

 

Upon expiry of the Withdrawal Period, no Product exchanges or returns will be accepted. Product exchanges will only be accepted for defective products in accordance with the provisions of section [2]

 

4.2.        Return of defective Products

 

In the event that the user considers that the product does not conform to the product’s specifications, the User shall immediately contact GLOBEFEEL at the e-mail address globefeel@gmail.com with details of the product and the defect and specifying whether s/he chooses to return the product or to exchange it for an identical product.

 

The user may return the products at the place where they were delivered to a courier which will be sent by GLOBEFEEL or return the product using his or her own means, the product must be returned as it was delivered, inside it’s packaging and in a envelope with the return card.  Once the returned product has been inspected, GLOBEFEEL will send within a reasonable time, an email informing the user whether the product will be refunded or replaced. In that case, the Product will be refunded or exchanged as soon as possible and in any event within fourteen (14) days following the date on which the Refund or Exchange Decision was sent.

 

In the event of a refund or exchange of a product, GLOBEFEEL shall fully refund the price of the Product to the user, including shipping expenses.

 

4.3.         Common provisions for returns

The User shall comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of Products:

 

(i)        To arrange collection of the product, the user must first contact GLOBEFEEL by email at the following address: globefeel@gmail.com .

(ii)       The user may evidence his or her right of withdrawal in any manner permitted by law; such right shall in any case be deemed to have been validly exercised by returning the product;

(iii)     The product must be returned in the same condition in which it was received. GLOBEFEEL shall not refund any amount if the product has been damaged, so the user must be careful with the product while in his or her possession; and

(iv)     The refund will be made by using the same form of payment as used to pay for the product.

 

5.         USE OF THE WEBSITE AND INTELLECTUAL PROPERTY 

The users agree to use the website in accordance with the law, morality, generally accepted good customs and public policy. The users undertake to refrain from using the website for illegal purposes inconsistent with the provisions of these Terms of Use, or in any other way that may be harmful to the rights and interests of GLOBEFEEL or of third parties, or damage or harm the image or reputation of GLOBEFEEL or prevent the normal use of the products and services offered by GLOBEFEEL on the website.

 

All information contained on the website, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property.

 

These rights belong exclusively to GLOBEFEEL, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the website, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.

 

The users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Website without the prior written consent of GLOBEFEEL.

 

 The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Website belonging to GLOBEFEEL, and very specifically, the word “GLOBEFEEL” may not be used.

 

6.         LINKS TO THIRD PARTY WEBSITES 

 

The links contained in the website, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than GLOBEFEEL, are not the responsibility of GLOBEFEEL, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, GLOBEFEEL shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between GLOBEFEEL and the owner of the website to which the link is directed.

 

7.         DISCLAIMER 

 

GLOBEFEEL disclaims all liability for:

(i)        The functioning of the Website, including cases of force majeure and any other cases beyond GLOBEFEEL control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service.

(ii)       Any errors or security deficiencies that may arise from the use, by the users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction.

(iii)     For any direct or indirect damages that may be caused by the information transmitted or communicated on the website or in any electronic communications, including without limitation technical or human errors in the published data.

(iv)     Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this website or the use of this website or inability to use the website by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

 

The user will be liable for all damage and loss caused by wrongful or fraudulent acts as well as for the damage caused to GLOBEFEEL or its users as a direct or indirect consequence of a breach by the user of these Terms of Use. GLOBEFEEL reserves the right to take any actions to which it may be entitled before the relevant law enforcement agencies or courts.

 Although it uses its best efforts, GLOBEFEEL cannot guarantee the users access and continuous and uninterrupted use of the website.

 

8.     AMENDMENTS 

 

GLOBEFEEL has the right to review and amend these Terms of Use at any time. The user shall be subject to these Terms of Use from the time when accepted by him/her, unless any amendments are required with retroactive effects by operation of law or by decision of a governmental authority, in which case such amendments will apply to orders already placed by User.

 

9.     CONTACT AND WRITTEN COMMUNICATIONS 

 

Applicable law requires that some of the information and communications to be sent by GLOBEFEEL to the user must be in written. By accepting these Terms of Use, the user agrees that most communications with GLOBEFEEL will be electronic. GLOBEFEEL will contact the user by email or by notices published on the website. The user agrees to this electronic means of communication and acknowledges that any notice, information and other communications sent by GLOBEFEEL  by electronic means complies with the legal requirement of being in writing.

 

For any query or issue in connection with the orders, the User shall contact GLOBEFEEL by email at the following address: globefeel@gmail.com

 

10.     APPLICABLE LAW AND JURISDICTION 

The operation and use of the Website and these Terms of Use are governed by Spanish law. Insofar as permitted by law, GLOBEFEEL and the user, expressly waiving any other jurisdiction to which they may be entitled, hereby agree to submit to the jurisdiction of the courts of Seville (Spain).

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