Terms of service
General terms and conditions of SMPM GROUP S.L. for purchases on outletdejavu.com
1. Scope, definitions
1.1 For all orders placed by a consumer or an entrepreneur (hereinafter “customer” or “you”/”your”) via the International online shop (www.outletdejavu.com, hereinafter referred to as "online shop") operated by SMPM GROUP S.L. (hereinafter “provider” or “we”) the following General Terms and Conditions ("General Conditions of Purchase") exclusively apply as the applicable and valid version at the time of the order. Deviating general terms and conditions of the customer are not recognized unless we expressly agree thereto in writing.
1.2 The customer is a consumer to the extent that goods and services ordered cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership who, when concluding the contract/placing the order, is exercising its commercial or independent professional activity or within such capacity.
1.3 We offer second-hand goods in our online shop.
2. Entering into agreement
2.1 The presentation of the products in the online shop is not a legally binding offer, but qualifies as a non-binding online catalog. The customer can select products from the supplier's product range and uses the “Buy” or “Add to cart” button to place these in a so-called “shopping cart”. With the button "order with obligation to pay" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view his personal data at any time. By submitting his order, the customer declares that he/she agrees to the validity and applicability of these general terms and conditions to the relevant purchase.
2.2 Upon completion of the order, payment is made with the payment method selected by the customer (as specified in Clause 6) by which the purchase is concluded. Immediately afterwards, the provider sends the customer a confirmation of the order receipt together with an acceptance / payment confirmation by automated e-mail. The contract text (consisting of the purchase order, general terms and conditions of purchase and the order confirmation) is sent to the customer. The contract text is stored by the provider in compliance with data protection regulations.
2.3 The contact is in Spanish.
3.1 Delivery times specified by us are estimates and calculated as per the moment of order confirmation, provided that the purchase price has been paid in advance. Unless a specific delivery period is agreed upon by parties, the regular delivery period is 2 to 11 working days. SMPM GROUP S.L cannot be held responsible for delayed delivery or failure to perform, if the delay or failure is not due to our fault.
4. Retention of Title
4.1 Ownership of the goods does not transfer to the customer until full payment has been made by you. Pledging, assignment, disposal, transfer or redesign without our consent is not permitted prior to the transfer of ownership.
5. Prices and shipping costs
5.1 All prices presented in our online shop include VAT, but do not include shipping costs.
5.2 The corresponding shipping costs are presented to the customer when the order is made and are to be borne by the customer, unless the customer makes use of his right of withdrawal (as specified in Clause 9). We also provide information about shipping goods and costs thereof via our FAQ.
5.3 The goods are dispatched by post.
5.4 In the case of a cancellation (as specified in Clause 10), the customer has to bear any costs incurred during the return. The same applies in the case of exercising the voluntary right of return in accordance with Clause 11.
6. Payment processing and payment
6.1 The payment methods available for the online shop are processed by the payment service provider Shopify International Limited, organized under the laws of Ireland, with offices at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32
6.2 The customer's payment data are not stored by the provider, but only by the payment service provider Shopify International Limited. Additional information regarding the storage of payment data and data processing can be found in Shopify International Limited data protection declaration, available at: https://www.shopify.com/legal/terms-payments-es
7. Customer account
7.1 You have the option to open a customer account and order future orders after entering your username and password without having to enter your address data again. The required data must be provided truthfully and updated immediately in the event of any changes so that a smooth delivery is guaranteed.
7.2 Customers are obliged to keep their access data secret. Customers shall not pass their access data on, nor share or enable any third party access and are obliged to take necessary measures to ensure confidentiality, as well as to notify the provider by email to firstname.lastname@example.org in the event of misuse or loss of the access data or any suspicion thereof.
8. Promotion vouchers and conditions
8.1 Promotional vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns, with a certain validity period.
8.2 A promotional voucher cannot be transferred to a third party.
8.3 Promotional vouchers can only be used during their respective validity period in the online shop and only before an order has been completed. Subsequent crediting is not possible. Each promotional voucher can only be used once and promotional vouchers cannot be combined with other vouchers unless expressly agreed by us otherwise. The value of a promotional voucher is neither paid out in cash nor interest is accrued therein.
8.4 Promotional vouchers can be linked to a minimum order value. In case of a promotional voucher that was issued with a certain value, the price of the order must in any case be at least equal to the value stated on the promotional voucher.
8.5 A promotional voucher will not be reimbursed if the customer returns the goods (entirely of partially) that were paid for with the promotion voucher, unless the right of withdrawal or his right of return apply according to Clause 9 or 11. If, in the event of a cancellation or a return of goods, the total value of the order is less than the value of the promotional voucher, or the promotional voucher is linked to a minimum order value and that minimum order value is no longer reached, the price of the goods that the customer keeps shall be deemed equal to the value of the promotional voucher. We can recalculate the original price of the goods that the customer keeps.
9. Right of withdrawal
9.1 When concluding a transaction on distance, consumers generally have a right of withdrawal, which we inform you about on our website and order page. In addition, any information regarding the right of withdrawal is made available to the customer on the receipt and order confirmation
10. Voluntary return policy
10.1 For all purchases in our online shop, in addition to the right of withdrawal (as specified in Clause 9), the customer has a voluntary right of return for a total of 30 days from receiving the goods. With this right of return, the customer can withdraw the goods within 30 days by sending the goods back – even after the 14-day cancellation period has expired. The 30 days period commences from the day the customer or a third party (not being the carrier of the package) has taken possession of the goods. Dispatch of the goods by the consumer should occur within the 30 days period.
10.2 For exercising the voluntary right of return it is required that the goods have only been worn to try them on, as in a shop, and that we receive the goods back fully and in the same condition as when these were purchased (with label). If these requirements are not met, the provider can refuse to take back the goods.
10.3 Before returning the goods, the customer must initiate the return process via his customer account under "Refund policy". Costs for returning the goods are borne by the customer. He has the option of buying a return label through his customer account. If the customer does not want to buy a return label from the supplier, he must send the returned goods to the following address: SMPM GROUP S.L. Carrer de Sant Pere, 56, 43004, Tarragona, Spain.
10.4 A refund will be made according to the payment method chosen by the customer upon ordering (unless parties expressly agreed otherwise in writing). If the customer buys a return label from the provider, the purchase price of the label will be deducted from the amount that will be refunded. Refunds will be made within 14 days of the goods arriving at the supplier's warehouse.
11. Transport damages
11.1 If goods are delivered with obvious transport damages, please report such errors to the deliverer immediately and please contact us as soon as possible.
11.2 Customer’s warranty rights will not be affected in case the customer fails to file a complaint or does not contact us. However, by timely notifying, you help us to assert our own claims against the carrier or the transport insurer.
12. Warranty, guarantee
12.1 Guarantees are only given by the provider if this was expressly stated in the order confirmation.
13.1 Any liability claims from customers are excluded with the exception of claims resulting from a breach of essential contractual obligations (essential obligations) to the extent caused by an intentional or gross negligent breach of duties by us or our legal representatives or agents. Essential contractual obligations are those obligations which are necessary to execute the contract.
13.2 The limitations included in Clause 14.2 also apply to provider’s legal representatives or agents, also if claims are asserted directly towards them.
14. Final provisions
14.1 The laws of Spain apply to the contractual relationship between the provider and the customer, and we hereby exclude UN sales law (CISG).
14.2 The European Commission provides a platform for online dispute resolution on its website, https://ec.europa.eu/consumers/odr/. We are not obliged to resolve disputes with customers on this ODR platform.
14.4 If the customer is a business, a legal entity or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the customer and the provider is the provider's registered office.
14.5 Each of the clauses of this contract are severable. If any such Clause is held to be or becomes invalid or unenforceable under the law of any jurisdiction, the customer and the provider shall use all reasonable efforts to replace it with a valid and enforceable substitute Clause, the effect of which is as close to its intended effect as possible.