1. GENERAL AGREEMENT
SIA “Madam Bonbon”, registration Nr. 40003958005, legal address: K. Barona iela 14-9i, Rīga, Latvia, LV-1050 (hereinafter – “we”, “our” or similar designations) ensures the contents available on the website www.bonbonshoes.eu (hereinafter – “the Website”) is accurate and provides services in accordance with the terms and conditions outlined below, the delivery policy, the returns policy, other terms and conditions, as well as the operational policy, the description of which is posted on the Website, with regard to certain functionality, features or promotions as well as customer service, all of which are deemed to be part of and included within these terms and conditions (hereinafter collectively referred to as the Terms and Conditions). By authenticating to the SHOP section of the Website, you acknowledge that you have read, understood and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Where the consumer purchases shoes and accessories offered on the Website for sale (hereinafter – “Goods”), via the internet, such mutual agreement shall be deemed to be a distance agreement and is subject to provisions of the laws of the Republic of Latvia governing distance agreements, including but not limited to the Republic of Latvia Act “Consumer Rights Protection Act”, Republic of Latvia Cabinet of Ministers Regulation “Regulation Regarding Distance Agreements”.
The distance agreement for purchase of the Goods shall be deemed to be concluded as of the time of payment for the Goods.
2. PURPOSE OF THE WEBSITE
The Website is built to work efficiently as a platform for communication between us and the consumer, as an online sales platform for our products, and as an information source in all matters related to our company.
3. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website. We cannot guarantee that at any given moment the product-related information (description, colours, sizes, etc.) posted on the Website contains all the latest updates.
4. INTELLECTUAL PROPERTY
All information and content available on the Website, including but not limited to text and graphics, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the “Content”), is our property and is protected by laws of the Republic of Latvia and other international laws governing intellectual property protection, including laws governing copyrights and trademarks. Without written permission, the use of information and content available on the Website in any way, regardless of the purposes, is not allowed.
5. PRICING POLICY
Prices on www.bonbonshoes.eu are all in euro (EUR). Although we try to always keep our prices updated, we cannot guarantee that the prices displayed at the time you submit your order are the correct prices applicable to the products at that time. If we receive an order from you indicating a different price than that on the Website at that time, we will contact you and offer a chance to cancel your order. If we fail to contact you on short notice, your order will automatically be treated as cancelled and you will receive a full refund of any payments made with regard to that particular order.
All prices are subject to value added tax (VAT). Depending on the delivery destination, your order may be subject to additional shipping charges, which will be clearly indicated before you have to submit the payment and will be included in the total order cost.
The final price of the product, including taxes and duties, as well as delivery or postage costs, will be indicated before the conclusion of the distance contract.
If delivery or postage costs cannot be calculated in advance, we will inform you separately.
6. DELIVERY POLICY
All our deliveries are handled by partners with a proven track record of reliability and speed. We ask you to familiarise yourself with the order execution and delivery procedure here.
7. RETURNS POLICY AND THE RIGHT OF WITHDRAWAL
Returns of ordered and delivered orders are handled on a case-by-case basis following simple procedures. We ask you to review our Returns policy to make sure you are aware of the options you have for a product return and the conditions for a cancellation of the agreement.
8. USER RESPONSIBILITIES
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall always act in accordance with the law and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that such a violation may cause to us.
9. THIRD PARTY LINKS
We are not responsible for the content of any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Following links to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.
10. LIMITATION OF LIABILITY
You agree that, fully according to applicable law, we are not responsible or liable (whether in agreement, negligence or otherwise), under any circumstances, for any interruption or error occurring from your use of the Website.
You agree that, fully according to applicable law, we are not responsible or liable (whether in agreement, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, incorrect delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlinking to or from third party websites; (f) any inaccuracies or omissions in content, or; (g) events beyond our reasonable control.
We are not liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof (or inability to use the Website) regardless of the form of action, whether in agreement, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
11. COPYRIGHT COMPLAINTS
MADAM BONBON SIA. All Rights Reserved.
All contents of this Website, correspondence, as well as marketing materials used to promote the Website on third party resources are our own property. Reproduction or republishing of any part or all of contents is prohibited except for the following purposes:
a) License to copy for private use:
You are free to make copies or print parts of the Website contents for reasonable personal use.
b) License to copy or republish for limited use:
You are free to make copies of the material in print as well as digital for third party to use, only if you identify the Website as the source of the contents and materials, adding a top level URL (https://www.bonbonshoes.eu) to any of these copies which are republished. Also, you have to inform any third party that you share these copies with that in the event of republishing any such copies the source for all the materials should be indicated as the MADAM BONBON Website, with a top-level URL (https://www.bonbonshoes.eu).
You agree to indemnify, defend and protect us from any harm, losses, damages or costs, including attorney fees, resulting from any third-party claim, action or demand resulting from your breach of these Terms and Conditions, or any errors in any of your representations or warranties or your use of this Website.
We will try to resolve through mutual negotiations all disputes that in any way relate to your authorisation on the Website or arise in connection with the execution, explanation or termination of the distance agreement.
We will respond to any of your submissions in accordance with the procedures and deadlines set by normative legal acts and inform you about possible ways of fulfilling the claim or the resolution of the dispute.
If it is not possible to resolve the dispute through negotiations, then you can file a claim in the courts of the Republic of Latvia, which is our domicile, or, regardless of the domicile of SIA “Madam Bonbon”, in the court of the domicile of the consumer.
We can bring a claim against you as a consumer only in the courts of the Member State where you as a consumer have your domicile.
With these terms, we do not in any way limit your right to apply to the competent state authorities for the protection of your rights.
14. CONSENT TO RECEIVE NOTIFICATIONS BY EMAIL
By accepting these Terms and Conditions, you agree to receive notifications, agreements, order clarifications and other messages from us (hereinafter together referred to as “Notifications”) by e-mail or mail. You agree that notices sent by email or mail are subject to the Terms and Conditions applicable to such forms of written communication. If you do not agree to receive notifications from the Website, please stop using the Website and its services, as BONBON SHOES is unable to provide a full range of services to users who do not receive notifications from the Website.
Please note that the notifications referred to in this paragraph do not apply to optional marketing information that you may choose to receive from the Website at your own discretion, except in cases when we inform customers of a general promotion in our online store that applies to all items in the online store.
You agree that these Terms and Conditions represent the complete and up-to-date agreement between yourself and this Website, regarding your use of this Website and any of its contents.
We have the right to edit and update these terms at any time by posting these changes on the Website and indicating any such change by posting the date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. You agree that by continuing to use the Website after any such changes have been applied constitutes your agreement to all changes. We reserve the right to terminate or withdraw any rights granted by these Terms and Conditions. You are required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing all use of the Website.
No part of these terms should be interpreted as creating any kind of partnership or other form of joint venture between you and SIA “MADAM BONBON”. An occasion where we fail to enforce your performance according to these Terms and Conditions shall not affect our full right to require such performance at any time before or after. In the event where any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these Terms and Conditions invalid or inapplicable as a whole. In turn, these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as intended in the original Terms and Conditions.
16. FORCE MAJEURE
SIA “MADAM BONBON” shall not be held responsible for any delays, failures to fulfil obligations, or any other failures that occur due to circumstances and obstacles that are beyond our reasonable control, which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues, or hardware and software malfunction. In the event that any such force majeure occurs, we will try to eliminate the delays in the shortest time possible.
17. PREVAILING LANGUAGE