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1. GENERAL INFORMATION
Alaif Concept is property of Estilo de Vida Blue Zone GGR LTD and incorporated in accordance with the laws of the Republic of Costa Rica, Legal ID No. 3-102-886610, with address at: Santa Ana, San José, Costa Rica, telephone: (506) 8822-7373, email: gloriana@alaifconcept.com .
This document (as well as any other document mentioned in its text) regulates the conditions governing the use of this Website and the purchase or acquisition of garments on it (hereinafter the general conditions of sale). The general conditions of sale govern exclusively the contractual relations between the client (hereinafter the User) and Estilo de Vida Blue Zone GGR LTD (hereinafter the seller). For the purposes of these general conditions of sale, it is understood that the activity that Estilo de Vida Blue Zone GGR LTD carries out through the Website includes the sale of its garments to Costa Rica and other countries.
Before accessing, browsing and/or using this website, the User must have read these general conditions of sale, as well as any other document mentioned in its text, including the cookie policy and the privacy and data protection policy of Alaif Concept. By using this Website or by making and/or requesting the purchase of a product through it, the user agrees to be bound by these general conditions of sale and any document indicated in its text; if the user does not agree with the above, the user must not access, browse and/or use this Website. Likewise, the User is informed that Alaif Concept reserves the right to modify these general conditions of sale at any time and without prior notice. The modifications published on the Website are valid and applicable to all subsequent orders. The user is responsible for consulting the general conditions of sale each time he or she accesses, browses and/or uses the Website, and those that are in force at the time the purchase of garments is requested will be applicable. In case of doubts regarding these general conditions of sale, the user may contact the seller by phone or email indicated above.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter the user), and implies acceptance of the general conditions of sale, as well as their modifications by Alaif Concept without prejudice to the application of the legal regulations of the Republic of Costa Rica. The user accepts the general conditions of sale and assumes responsibility for the correct use of the Website, which extends to the following obligations:
- Use the Website only to make inquiries and purchases of the seller's clothing.
- Do not make purchases that could be considered fraudulent or legally invalid. Otherwise, the purchase may be cancelled and the relevant judicial and/or administrative authorities will be informed.
- Provide your information truthfully and completely, including full name, identification document, email, postal address or others.
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website, always in accordance with the applicable legislation of the Republic of Costa Rica, and therefore there is no guarantee that the legislation of other countries will be complied with, either totally or partially. The seller assumes no responsibility that may arise from access to the Website, in the event that the user does not have legal capacity in the terms indicated.
3. PURCHASE OR ACQUISITION PROCESS
The user can purchase on the Website by following the following purchasing procedure:
(i) Creation of a customer account or identification if you are already registered;
(ii) Select one (or several) items and add them to the basket;
(iii) Select the size of the garment (XS, S, M, L, XL), it being your responsibility to review the “size chart” and verify which one corresponds to your measurements according to the type of garment;
(iv) Confirmation or validation of the contents of the basket;
(v) Choice of delivery and billing address;
(vi) Choice of delivery method, in the case of sales in Costa Rica (in other countries DHL Express will be used);
(vii) Confirmation of the order and the payment method with the amount to be paid; and
(viii) Approval of the order, by clicking on “Confirm Order”.
The User must fill in the fields and/or check the information requested at each step, and is authorized to modify the purchase data during the process, provided that this is done before making the payment. It is also the User's responsibility to review the "size chart" as indicated above and verify their measurements to choose the correct size for the garment. The website www.alaifconcept.com reserves the right to accept or reject the User's order, for which it must send an email to the User within a period of no more than 48 hours. The seller is not responsible for the User's choice of an incorrect size, except for the right of withdrawal which will be indicated later.
Completing the purchase order on the Website and confirming the order with its payment as indicated in the previous paragraph by the user implies his/her acceptance of these general conditions of sale and of the specific conditions of the contract thus concluded.
The Website provides the User with an offer of garments, which may be modified at any time until the User completes the purchase process. Likewise, as previously indicated, the contract will only be considered complete in the event of confirmation of the order by the seller via email sent to the User.
4. AVAILABILITY
Productos Orgánicos de Centroamérica SA will not be liable for breach of contract if the dispatch of orders is delayed, impeded or hindered by force majeure or fortuitous events, such as strikes, riots, lockouts, official acts, fires, power failures, lightning, earthquakes, floods, catastrophes or other events. In such cases of impossibility of dispatch of the garments, the seller undertakes to contact the User and refund any amount that may have been charged for the purchase.
5. PRICES
The prices listed on the Website are final, in dollars, the currency of the United States of America, and include the respective taxes payable in Costa Rica, when the order is dispatched by the seller. The costs of packaging, transport, and import into the country of destination are included in the price.
Items are billed at the price indicated in the order confirmation. Under no circumstances will the Website automatically add additional costs to the price of a product without prior confirmation from the User.
Prices may change at any time, but any changes will not affect orders or purchases with order confirmation received by the user. The price list on the Website may be modified unilaterally without prior notice to the User.
6. PAYMENT METHODS
Order payments must be made by credit/debit card (except American Express) or by Paypal account . The total amount of the order (including the cost of the product(s), packaging, transport, insurance and import duties, as applicable) will be charged by the Website at the time of order validation. Once the order has been confirmed by the seller, it will be considered a firm sale and payment will be processed, except for the right of withdrawal which will be indicated later. The sums paid cannot be considered as advance payment or deposit. Clicking on “Confirm Order” implies confirmation by the user that the payment method used is his/her own.
Acceptance or refusal to pay is automatically carried out by the bank issuing the credit/debit card or by Paypal and the user will be notified directly by the Website. In the event of rejection, the User will be redirected to his/her basket to make a new payment attempt. In the event of payment acceptance, the customer will receive confirmation of his/her order by email as indicated above. If the entity does not authorize payment, the seller will not be responsible for the delay or lack of delivery and will not be able to formalize any contract with the User.
Blue Zone Lifestyle GGR LTD uses the necessary means to maintain the confidentiality and security of the payment data transmitted by the user during transactions through the Website.
7. TRANSPORT AND DELIVERY
Orders are shipped in Costa Rica through Correos de Costa Rica. In the case of sales abroad, the DHL Express service will be used. Except in cases of unforeseen circumstances or force majeure, items with order and payment confirmation will be shipped within two to three business days, understood as the period for depositing it at the Costa Rican Post Office or delivering it to the courier company. If for any reason the seller is unable to ship the order, the user will be contacted to inform him of this circumstance and, in such case, the user may choose to continue with the purchase or cancel the order with a full refund of the amount paid.
Delivery time will depend on the courier company and the destination, and the seller is not responsible in case of delay due to circumstances inherent to the transport service and beyond its control. The order is deemed to be delivered to the user at the time of dispatch at the Costa Rica Post Office or delivery to the courier company, in accordance with article 474 of the Commercial Code of Costa Rica. All risks and costs of transporting the products are the responsibility of the user. The seller assumes no responsibility once the order has been dispatched and will not proceed with any replacement or reshipment of the product, nor with the refund of the sums paid for the shipped items, except in cases of damaged product or right of withdrawal that will be indicated.
In any case, for the purposes of claims for lack of quantity or defect in quality, or for not conforming to the samples or catalogues advertised on the Website, or for any reason attributable to the seller, the user may raise them within the time periods stipulated in the Commercial Code of Costa Rica, the terms being counted from the day on which the User or a third party designated by the User acquires material possession of the garments, which will be accredited by the signature of receipt of the order at the delivery address indicated by the User. Any mistreatment, deterioration or damage to the product after receipt will be the responsibility of the user.
Therefore, the User must review the order upon receipt of the product(s). In the case of mistreatment, deterioration or damage to the order, the user will have five days to make any claim after receiving the package, considering as the date of receipt the one indicated in the tracking system of Correos de Costa Rica shipments or the courier company, as the case may be. If the defects are hidden, the user must report them in writing to the seller within ten days of delivery, in accordance with article 450 of the Commercial Code of the Republic of Costa Rica.
If it is impossible to deliver the order due to the user's absence at the delivery address indicated by him/her, whether the place is closed, the address is imprecise or non-existent, or for any other reason attributable to the user, the order cannot be delivered, the practices of Correos de Costa Rica or the courier company will apply, as the case may be. In the event of the order being returned to the seller, the user must inform the Website of the new address or delivery method within a maximum period of 48 hours, after receiving notification of receipt of the product by email.
In any case, the user must assume the costs of transport and export, both for the return to the seller and for the shipment to the new address. If a new address or delivery method is not indicated, or if the new transport and/or export cost is not assumed, the seller may consider the contract fulfilled, without any obligation to keep the products for a longer period than that resulting from the applicable legislation.
8. RIGHT OF WITHDRAWAL
In accordance with article 40 of the Law on the Promotion of Competition and Effective Consumer Protection No. 7472 and its amendments, the user, protected by the right of withdrawal, may terminate the contract, without any liability, within a period of eight days from receipt of the product(s), either because the size is incorrect or for any other reason. This termination period will expire 8 days after the day on which the user or a third party indicated by the User acquires material possession of the garments, which will be accredited by the signature of receipt of the order at the delivery address indicated by the User. If the User has already received the purchased garments, they must return them unused and in the same condition in which they were delivered.
To exercise this right of withdrawal, the user must notify the seller of his decision through the contact spaces enabled on the Website or through the email gloriana@alaifconcept.com. Before returning the product, the user must notify the seller for approval, and provide the tracking number. The user, regardless of the means chosen to communicate his decision, must expressly express his intention to exercise the right of withdrawal and withdraw from the purchase contract.
The exercise of the right of withdrawal by the user may be credited for future purchases. In such case, the amount paid for the product(s) and other costs will be credited, provided that the exercise of the right of withdrawal was prior to the dispatch of the order. Otherwise, if the product was dispatched, only the value of the product(s) will be credited for future purchases. The cost of returning the garments must be assumed by the user. In the event of requesting the exchange of the garment for another size and/or fabric, the new order will be subject to availability under the terms indicated above in clause 4 and the user must also assume the cost of packaging, transport, insurance and import duties of the new order.
The User is aware of the exceptions to the right of withdrawal stipulated in the Regulations of the Law on the Promotion of Competition and Effective Consumer Protection No. 7472. In any case, no exchange will be made if the product has been used, if the garments are not in the same condition as when they were delivered, if they are dirty or if they have suffered any damage after delivery. Likewise, the garments must be returned using or including all their original packaging and accessories, as well as a copy of the purchase invoice. Garments returned in this condition (used, dirty, damaged, without original packaging and other cases described in this paragraph) will remain at the disposal of the seller and the user must pay for them.
The return of the garments will be at the user's expense, risk and expense. Shipments with the clause "shipping paid by the recipient" or cash on delivery or payment by the recipient will be rejected by the seller. The product must be sent by courier service, directly to the address of the headquarters of Estilo de Vida Blue Zone GGR LTD, which will be provided at the time the return is approved.
9. WARRANTY
Pursuant to Article 43 of the Law on the Promotion of Competition and Effective Consumer Protection indicated above, the seller guarantees compliance with the quality standards and other requirements demanded by the applicable legislation regarding the materials used in its clothing. Estilo de Vida Blue Zone GGR LTD guarantees against manufacturing defects in its clothing and/or in the fabrics and materials used in them for the period indicated in said legislation. The user will have fifteen days to make any claim for damage or deterioration of the garment after receiving the order, considering as the date of receipt the one indicated in the tracking system of Correos de Costa Rica shipments or the courier company, as the case may be. The exercise of the warranty right will be subject to the same conditions indicated in the previous clause.
10. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
The Seller acknowledges that the User's information is confidential and undertakes not to disclose it to any third party without obtaining the User's prior written consent, in accordance with the provisions of the Undisclosed Information Act No. 7975 and the Protection of Individuals from the Processing of Personal Data Act No. 8968, except when necessary to comply with the law or a valid order from a competent authority. By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
The names, trademarks, trade names, images and texts on the Website are the exclusive property of Estilo de Vida Blue Zone GGR LTD. Any partial or total reproduction of the Website without the prior written consent of the seller is prohibited.
11. APPLICABLE LEGISLATION AND INTERPRETATION
The contract shall be governed and interpreted in accordance with the laws of the Republic of Costa Rica. These general conditions of sale and any document or information expressly referred to therein, such as price lists or others, constitute the sole and complete agreement between the user and the seller related to its subject matter, and shall not be modified by customs and practices, or by any prior agreement or promise agreed verbally or in writing by the same parties.
The titles used as headings in each clause of these general conditions of sale are incorporated to facilitate their reading and should not be considered as part of the text to interpret its content. The reference to dollars shall be understood as the currency of the United States of America. Unless otherwise provided, any reference to days shall be understood as calendar days, including non-working days and holidays. The invalidity or ineffectiveness of one or more of its provisions, declared by a competent authority, will not affect the validity or effectiveness of the remaining clauses. The failure by one of the parties to exercise any right derived from these conditions will not imply a waiver to exercise said right or any other right in the future.
12. COMPLAINTS AND CONFLICT RESOLUTION
The User may communicate their complaints, claims or comments to Estilo de Vida Blue Zone GGR LTD, through the contact details provided at the beginning of these general conditions of sale.
In the event of non-compliance or any difference, conflict or dispute that may arise from these general conditions of sale and the sales contract signed between the parties, its execution, non-compliance, liquidation, interpretation or validity, the parties expressly waive ordinary jurisdiction and agree to resolve the conflict through arbitration in accordance with the Law on Alternative Conflict Resolution and Promotion of Social Peace and the regulations of the International Center for Conciliation and Arbitration of the Costa Rican-North American Chamber of Commerce "CICA" of Costa Rica, to whose rules the Parties submit voluntarily and unconditionally.
Last modified: July 2024.