General conditions of sale

Any online purchase made on the website www.guapaguapa.com is subject to prior acknowledgement and acceptance of these general terms and conditions of sale (the “General Terms and Conditions of Sale”).

Company name EMO XXI
Headquarters Calle Cervantes 10
Postal code 46183
City of L'Eliana – Valencia
Country Spain

Tel.: 01 87 64 72 83
Email: contact@GuapaGuapa.com
NIF: B56699234

These General Terms and Conditions of Sale constitute a contract between the buyer, (“the Buyer”) and Guapa Guapa (“the Seller” or “Guapa Guapa”). They define the conditions governing the purchase of goods (“the Goods”) by the Buyer from the Seller.

1. General provisions

The Buyer must accept these General Conditions of Sale as presented to him and comply with them. These General Conditions of Sale apply to the exclusion of all other conditions including any conditions that the Buyer may wish to apply under any purchase order, order confirmation, printed matter, correspondence or other documents of the Buyer or its representative which will be deemed null and/or void.

The General Terms and Conditions are binding on Customers, who acknowledge, by checking a box provided for this purpose, having read and accepted them before placing an order. Validation of the order by Customers, under the conditions described in Chapter 3 below, constitutes unconditional acceptance of the General Terms and Conditions in force on the day of the order. The Seller reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Terms and Conditions, the applicable General Terms and Conditions are those in force on the date of the order. In any event, a Customer may read the General Terms and Conditions in force by clicking on the “General Terms and Conditions” link.

2. Creating an account on GuapaGuapa.com

The creation of an account is done freely and free of charge on the GuapaGuapa.com website in the "Account" module of the website, present on each page. The information obtained will allow, in particular, the Buyer to be able to place an order on the site, to benefit in preview of VIP offers, invitations to private sales, advantages and advice. To log in, simply enter your email address and we will send you a login code.

3. Order

When the Buyer navigates through the GuapaGuapa.com site, he selects the product or products of his choice. In order to validate his order, it is necessary that the Buyer identifies himself on the site by indicating an e-mail address (see section «2) Creation of an account on GuapaGuapa.com»), a delivery address, its delivery method and its payment method. For each product selected, a summary page is automatically displayed with the price corresponding to each of its purchases, the total amount of its purchases and the savings made. The Customer must check the accuracy of his selection before confirming the order. In case of error, he is able to modify his order.

At the end of the ordering process, the Buyer is invited to click on the "Order" button. By clicking on this button, the customer is asked to accept these General Terms and Conditions. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract. An email acknowledging receipt of the order and its payment is sent by the Seller to the Buyer as soon as possible.

Any modification of the order by the Customer after confirmation of the order is subject to acceptance by the Seller.

The Seller reserves the right to refuse any order from a Customer for legitimate reasons, and in particular if the quantities ordered for the same Product are abnormally high for buyers with the status of consumers.

If the Products ordered are unavailable for delivery, the Seller shall immediately inform the Buyer and may offer a product of equivalent quality and price.

In the event of disagreement, the Buyer will be fully reimbursed no later than thirty (30) days from payment of the sums paid.

4. Returns Withdrawal

From the receipt of the Goods, the Buyer has a withdrawal period of fourteen (14) clear days to return the Products delivered, for the purpose of exchange, without having to justify himself or pay a penalty, and by taking charge of the return costs, to the following address:

EMO XXI

Calle Cervantes 10

46183 L'Eliana
SPAIN

To return the Goods, the Buyer must first contact the Seller's customer service by logging onto the site and clicking on the "Contact us" section.

Goods must be returned in their original packaging and in perfect condition. Goods that are worn, damaged, soiled, washed or incomplete will not be accepted.

The return package must specify the order number as well as the purchase invoice or a copy in the event of a partial return.

In case of exchange:

Only the size reason can allow the Buyer to proceed with an exchange. The exchange only concerns bras for obvious reasons of hygiene. Within the limit of available stocks, Guapa Guapa will proceed with the exchange. The first return for reason of change of size is offered.

If the amount of the Merchandise(s) chosen as a replacement has a value greater than the amount of the returned product(s), the Buyer must pay the price difference in accordance with these General Terms and Conditions.

If the amount of the Merchandise(s) chosen as a replacement has a value lower than the amount of the returned product(s), the price difference will be refunded by the Seller in accordance with these General Terms and Conditions, except in the case of a gift order.

The transport costs incurred by the return of the Goods shall be borne by the Buyer. These costs shall only be reimbursed if this return is justified by the non-conformity of the Goods delivered (see article 10.2 below).

5. Price

The sales prices, in accordance with article L.113-13 of the Consumer Code, are indicated in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.

The total amount owed by the Buyer is indicated on the order confirmation page. It includes delivery costs, depending on the option chosen under the conditions described in Article 8 below “Delivery”.

The sale price is the one in effect on the day of the order. The Seller reserves the right to modify its prices at any time while guaranteeing the Buyer the application of the price in effect on the day of the order. The price is payable in cash and in full on the day the Buyer places the order. The order will only be shipped after verification of the payment method and receipt of the debit authorization from the bank card. Prices are set in the European currency, the Euro.

6. Payment

In order to ensure payment security, the website uses the bank's secure payment service via SHOPIFY PAYMENTS and also offers the PAYPAL, APPLE PAY and GOOGLE PAY payment methods. Confidential data (the 16-digit bank card number, the expiry date and the visual cryptogram) are directly transmitted encrypted to the payment platforms concerned without passing through the physical media of the EMO XXI server. Payment will be made online on the website by bank card (Visa, Eurocard/Mastercard). Cards issued by banks domiciled outside France must be international bank cards. When the order is validated, the payment request is routed in real time to the secure telepayment manager. The latter sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.

The processing and shipping of the order only takes place after verification of the payment method and receipt of the authorization to debit the bank card.

7. Property

The property in the Goods shall not pass to the Buyer until the Seller has received in full all sums due in respect of the Goods. Until the property in the Goods passes to the Buyer, the Buyer undertakes: (a) to hold the Goods for the Seller; (b) to keep (at its own expense) the Seller's Goods separate from other products, so that they can be readily identified; (c) not to destroy, alter or obscure any markings on the Goods which would enable them to be identified; (d) to obtain, in the name and on behalf of the Seller and to its satisfaction, comprehensive insurance for the Goods, for the full price thereof; and (e) not to create any pledge, charge or other security interest in the Goods. The Buyer shall provide the Seller, upon its request, with certificates of insurance.

In the event that an action is brought by a third party concerning the Goods, including in the event of seizure, the Buyer must contest this action and immediately inform the Seller to enable it to protect and assert its rights, until the date of transfer of ownership of the Goods to the Buyer.

9. Liability

The Seller cannot be held liable in the event of non-performance or poor performance of the sales contract due either to the actions of the Buyer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.

10. Personal data

EMO XXI asks the Buyer for this information when he places an order on the GuapaGuapa.com store or registers for the mailing list. In both cases, EMO XXI asks for his name, e-mail address, telephone number, postal address, customer number. He will be notified in advance if EMO XXI / Guapa Guapa asks him for other information. As for the mailing list, he has the possibility to unsubscribe at any time by going to the page where he registered.

EMO XXI / Guapa Guapa only uses personal information in specific cases. The information that the Buyer provides to EMO XXI / Guapa Guapa will be kept confidential and used for the purpose of staying in touch with him.

The Buyer may opt out of receiving offers from EMO XXI / Guapa Guapa at any time by checking the corresponding box. EMO XXI / Guapa Guapa will inform him/her about its various products and other products that may be of interest to him/her. EMO XXI / Guapa Guapa will not provide his/her personal information to any third party organization without his/her consent.

In application of law n°78-17 of January 6, 1978, amended by law n°2004-801 of August 6, 2004, it is recalled that the collection of personal data, their use for the purpose of processing orders and creating customer files, and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned. The processing of personal data, which is kept by EMO XXI / Guapa Guapa under the conditions described above, that is to say for the sole purposes of proper administration of orders and commercial relations, has been declared to the CNIL. The Buyer has at any time, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, and opposition to personal data concerning him.

The Buyer may exercise these rights by contacting Guapa Guapa customer service in writing.

11. Guarantees

11.1 Legal guarantees

All Goods supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L.211-4 to L.211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

REPRODUCTION OF ARTICLES L.211-4, L.211-5 and L.211-12 OF THE CONSUMER CODE

Article L.211-4: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.

Article L.211-5: to comply with the contract, the goods must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

Present the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.211-12: the action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

REPRODUCTION OF ARTICLES 1641 AND 1648 PARAGRAPH 1 OF THE CIVIL CODE

Article 1641: the seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648, paragraph 1: the action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

11.2 Customer Service

Claims made under the guarantees must be sent by email to contact@GuapaGuapa.com or to this address:

EMO XXI

Calle Cervantes 10

46183 L'Eliana

SPAIN

Products covered by the warranty must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service. The Buyer will be reimbursed for the return shipping costs no later than thirty (30) days after receipt of the Product by EMO XXI / Guapa Guapa.

12. Intellectual property

This site is the property of EMO XXI / Guapa Guapa which maintains and operates it. This site and all its components/elements, such as, in particular, its graphic architecture, its tree structure and, in general, the text, graphics, selection and arrangement of sections and all software compilations, underlying source code, software (including applets) are the property of EMO XXI / Guapa Guapa and/or its technical service providers.

In accordance with the laws in force, the Buyer is prohibited, under penalty of prosecution, from reproducing in whole or in part the models that he has purchased or that he has seen.

He is also prohibited from transmitting to third parties information allowing the total or partial reproduction of these models, in which case he would be guilty of complicity in the crime of counterfeiting.

The Buyer undertakes to inform the Seller in writing, without delay, of any act of counterfeiting relating to the goods and/or models and/or brands of the Seller by third parties.

Photos and diagrams representing the products cannot be reproduced.

All names, logos, brands and titles used on this site are registered trademarks or registered names of their owners.

13. Applicable law and disputes

These General Conditions of Sale are subject to Spanish law. Any dispute arising from the validity, interpretation or execution of these General Conditions of Sale will be submitted to the competent courts of the place of the Seller's registered office.