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1. Purchase at Lavina Peswani

By purchasing any product from www.lavinapeswani.com (hereinafter, the Website), you agree on these Terms of Purchase and enter into an agreement with R. KARAMCHAND, S.L. (hereinafter, Lavina Peswani), with ID number (NIF) B35365444 and address at 10-C Ataitana del Río, postal code 35628, Pájara (Las Palmas de Gran Canaria), Spain.

Additionally, by agreeing on these Terms of Purchase, you represent that you are at least of legal age in your State of nationality or residence.

2. Agreement between Lavina Peswani and the purchaser

These Terms of Purchase regulate the conditions under which you, as purchaser, may acquire the products offered through the website. Upon acceptance of the payment, you agree on these Terms of Purchase and the agreement between us is formalised.

3. Prices

The prices for the different products are displayed on our Website and shown on your screen during the contracting process, except in cases of manifest error. We make our best efforts to ensure that all prices displayed on our Website are accurate.

All the prices on our Website include VAT and will be showed in Euro. Nevertheless, the shipping costs are not included in the prices and they will vary depending on the country of delivery. The shipping costs will be added to the total amount due during the purchasing process. Please see clause 8 for the shipping costs depending on the deliver country.
Prices are subject to changes at any time without prior notice at our sole discretion. Such changes will not affect orders already placed.

4. Accuracy of products

We have made our best efforts to display on our Website the colours and images of our products as accurately as possible. However, we cannot guarantee that every colour will be shown accurately on your computer screen.

All descriptions of products are subject to changes at any time without prior notice at our sole discretion. We do not guarantee that the quality of every product, service, piece of information, or other item that you purchase or obtain on the Website will meet your expectations.

5. Availability of products

We reserve the right to discontinue any product at any time. We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise such right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

We cannot guarantee that all items displayed on this Website are in stock at the time of your order. Should any item be unavailable, we will contact you shortly by email and offer you a substitute item of equal or higher quality. Should you not wish to order the substitute item we will refund any consideration that you may have paid.

Certain products offered on our Website are produced upon order and we will make our best efforts to ship them within thirty (30) days. However we do not guarantee that such deadline is met and delivery may take longer. We are committed to communicating any delays as soon as possible via email.

6. Purchase process and payment

Should you be interested in purchasing any product from Lavina Peswani, you must access the Website. Once you have selected the item or items you are interested in and added them to you shopping card, two alternative options are available:

a) You may place your order by registering as a user on the Website. Should you be a registered user, a record of all the orders placed by you is available in your private area.
b) You may place your order as a guest, without registering on the website. We will only request that you provide the necessary shipping and billing information to process your order.

Please check the shipping conditions that apply to your country.
A summary of your order will be showed at the final stage of the purchasing process and, to proceed to your purchase and enter the payment method, you must tick the checkbox “I agree on the Terms of Purchase” and click on “proceed to the payment”.
Regarding the methods of payment, the following options are available:
a) PayPal
b) Stripe
c) TPV virtual.
Upon completion of the purchasing process, you will receive a confirmation email. Please, should you not receive such email, contact Lavina Peswani.

7. Accuracy of billing and account information

You agree to provide updated, complete and accurate billing and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Shipping

We use Correos as our main delivery service.
Please note that you will have to bear any potential taxes and duties and any potential foreign bank charges, customs duties and sale tax on imports.
The cost and time of delivery depend on the country of shipping:

NATIONAL:

1: Cost: 12 Euro
2: 2-3 Days working days
3: All of Spain (Including Canary Island)

ZONE A:

1. Cost: 20 Euro
2. Delivery time: 3-10 working days
3. Countries: Germany, Austria, Belgium, Denmark, France, Gibraltar, Greece, the Bailiwick of Guernsey, Ireland, Italy, the Bailiwick of Jersey, the Isle of Man, the Azores Islands, the Malvinas Islands, Luxembourg, Madeira, Monaco, Norway, the Netherlands, Portugal, the United Kingdom, San Marino, Sweden, Switzerland and the Vatican City.

ZONE B:

1. Cost: 30 Euro
2. Delivery time: 3-10 working days
3. Countries: Greenland, the Faroe Islands, Algeria, Morocco, Tunisia, Turkey, Albania, Algeria, Russia, Bosnia-Herzegovina, Iceland, Belarus, Macedonia, Morocco, Serbia, Tunisia, Turkey and Ukraine.

ZONE C:

1. Cost: 30 Euro
2. Delivery time: 3-10 working days
3. Countries: North America, Central America and South America.

ZONE D:

1. Cost: 30 Euro
2. Delivery time: 3-10 working days
3. Countries: Libya, Sudan and Egypt, Asia, Middle East, and Oceania (including New Zealand and Australia).

ZONE E

1. Cost: 30 Euro
2. Delivery time: 3-10 working days
3. Countries: Rest of Africa.

We will endeavour to deliver your order in the estimated date specified above depending on the country of shipping. Should we fail to deliver your order before or on the estimated date, we will deliver your order within a maximum deadline of thirty (30) days. Should your order not be delivered in compliance with these Term of Purchase, you may cancel the agreement and we will refund any consideration paid for the items using the same payment means that you used for your purchase.
Should our delivery service inform us that your order has been unable to be delivered for reasons not attributable to us, we will assume that you wish to cancel this agreement. We will refund the payment received except for the delivery charges without undue delay.

9. Returns and right of withdrawal

You will be able to return the items purchased or to exercise your right of withdraw from your order within fourteen (14) natural days since the last item of your order has been delivered, without stating any reason. Please, note that YOU MUST COVER THE RETURN COSTS AND THAT THESE ARE NOT REFUNDABLE.
We will be happy to accept the returned goods as long as they are unworn and in perfect conditions. After examining the items, we will inform you of whether you have the right to reimbursement of the consideration satisfied. You must return the items LAVINA PESWANI
C/ San Vicente de Ferrer, 46, bajo derecha (entrada por c/ Santa Lucia enfrente del n.10)
MADRID, 28004, SPAIN.

Please, ensure all returned goods are well packaged including the additional cotton bag to avoid any damage during transit. We highly recommend that all return packages are sent with a trackable or insured service, in so far as we are not responsible for items that are damaged or lost in the return transit. Please remember to keep proof of postage until you receive a confirmation from Lavina Peswani that the items have been returned.

In order to meet the withdrawal deadline, it would suffice that you send to Lavina Peswani a notification of your decision of exercise you right to withdrawal before the deadline of fourteen (14) days is elapsed.

We will refund all payments received from you without undue delay and no later than fourteen (14) days upon reception of the returned items and verification that they are in good condition. We will use the same method of payment that you used for your purchase.

10. Data protection

The information or personal details that you provide to us will be processed pursuant to the Privacy Policy (accessible for users by clicking here). By using this website you are consenting to the processing of the information that you have provided to us and you confirm that such information is accurate and true.

11. Obligations of Lavina Peswani

1. Lavina Peswani will make its best efforts to provide the purchaser with the item or items purchased through this Website.
2. Lavina Peswani will fulfil these Terms of Purchase and any other applicable terms or regulations.

12. Obligations of the Purchaser

1. The purchaser will pay for all the items included in their order, the shipping costs, the return costs, if applicable, and any other charges that may arise depending on the country of delivery.
2. The Purchaser will fulfil these Terms of Purchase, the Terms of Service of this Website and any other applicable terms or regulations.

13. Transfer of rights

This agreement is binding you and Lavina Peswani and its respective successors. Therefore, you cannot transfer, assign, charge or otherwise dispose of the rights and obligations arising out of this contact without Lavina Peswani’s prior written consent.

14. Warranties

Should you be an European Union consumer, we offer you guarantees on the products purchased on the Website according to the Law on the Defence of Consumers and Users (recast), approved by Royal Decree 1/2007, of 16 November. We may be held accountable for lack of conformity of the products for a period of two (2) years. There is not lack of conformity when the products conform to the description shown on the Website, the products purchased are suitable for the ordinary use and feature the reasonable quality to be expected from a product of the same type. Should you consider that there is lack of conformity, please inform us by sending an email at info@lavinapeswani.com.

15. Limitation of liability

Unless otherwise expressly provided in these Terms of Purchase, our liability in relation to any product purchased on our website will be strictly limited to the purchasing price of the said product.
In no case will Lavina Peswani be liable for any injury, loss, claim, direct or indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from these Terms of Purchase.

In certain States or jurisdictions the exclusion or limitation of liability for consequential or incidental damages is not allowed. In such States or jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

16. Indemnification

Users agree to indemnify and hold harmless Lavina Peswani from and against any loss, liability, claim, damage and expense whatsoever (including, without limitation, any expenses whatsoever reasonably incurred as a result of research and preparation for or defence against any litigation commenced or threatened or any claim whatsoever) as a consequence of a breach of these Terms of Purchase or any other applicable regulation.

17. Severability

These Terms of Purchase constitute an agreement between you and Lavina Peswani. Should any provision or provisions of the Terms of Purchase be deemed invalid, illegal or unenforceable for any reason by any competent authority to any extent, such provision or provisions will to that extent be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable law.

18. Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. Should you have failed to comply with any term or provision of these Terms of Purchase, we also may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to, and including, the date of termination.

19. Waiver

No failure by any party to insist upon the strict performance of any provision or provisions of these Terms of Purchase or to exercise any right or remedy consequent upon a breach thereof will constitute waiver of such rights or remedies and will not relieve you from compliance with such obligations.

These Terms of Purchase constitute an entire agreement and understanding between you and Lavina Peswani and govern your purchase on the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Lavina Peswani (including, but not limited to, any prior versions of the Terms of Purchase).

20. Notifications

All the notifications regarding these Terms of Purchase, queries or suggestions must be emailed at info@lavinapeswani.com.

21. Law and jurisdiction

The use of the Website will be governed by Spanish law. Any dispute arising from, or related to the purchase on the Website shall be subject to the jurisdiction of Las Palmas de Gran Canaria courts. Should you be contracting as a consumer, nothing in this provision will affect your statutory rights in such capacity.

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