TERMS AND CONDITIONS POLICY:
DENIM RETAIL GROUP, S.A. de C.V.
LAST UPDATED: May 23, 2022
Company name:DENIM RETAIL GROUP, S.A. de C.V.
Trade name: BONAGE
NIT:0614-241018-104-6
Address: Paseo General Escalón, C.C. Galerías, local P13-002, first floor.
Email: servicio.cliente@bonage.com
Phone number: +503 7607 5824
TERMS AND CONDITIONS
This is the Internet Site of the store with the trade name BONAGE, owned by the legal entity, DENIM RETAIL GROUP, S.A. de C.V. (hereinafter, "BONAGE"). These Terms and Conditions correspond to the domain of the website sv.bonage.com (hereinafter the Site).
In accordance with the Electronic Signature Law and the Electronic Commerce Law, which defines and regulates electronic documents and electronic signatures and certification of electronic signatures and adopts other provisions for the development of electronic commerce, and other applicable legislation, BONAGE extends these Terms and Conditions. Together, the Terms and Conditions, the Privacy Policy, and any other policy or document displayed on the Site, are binding for natural or legal persons who use the Site or in any way enter into commercial transactions with BONAGE through electronic means.
The User (hereinafter User or Users, as applicable) accepts without reservation or limitation, each and every one of the terms and conditions of use of this website and the services offered and regulated, according to the Terms and Conditions of the BONAGE internet Site.
For any claim or clarification, the user may contact us through our social networks, in person at any Bonage store, by email, and at the phone number indicated at the beginning of this document.
ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions regulate access to content and services for Users. The User is responsible and declares to have the legal capacity to enter the Site and not to have any impediment according to the laws of the Republic of El Salvador or other applicable jurisdictions to consult information, make purchases, contract, authorize the use of electronic payment methods, and any other service provided by the Site.
The act of accessing, browsing, or using the services and content of the Site implies that the User has read, is aware of, and accepts without reservation the Terms and Conditions, the Privacy Policy, and any other document or policy that regulates the use of the Site or the services offered therein.
The User agrees to use the Site in accordance with the Law and the provisions of the Terms and Conditions and the Privacy Policy published on the Site and undertakes to use the Site for a lawful purpose.
Acts performed on the Site by minors or those who do not have legal capacity will be the responsibility of their parents, guardians, curators, or caregivers, and will be considered performed by the latter in exercise of the legal representation they hold.
PRIVACY POLICY
Notwithstanding any other provision to the contrary contained in these Terms and Conditions, the use by BONAGE of any personally identifiable information or personal data that Users provide through the Site shall be governed by our Privacy Policy. For more information about BONAGE's protection of your personal information, please see our Privacy Policy page.
SITE USAGE
On the Site, Users may make inquiries and e-commerce transactions, such as, but not limited to, the purchase of merchandise permitted by law and made available to the User. To complete purchase transactions, the User must enter personal information that adequately identifies them. By entering this information, the User accepts the Terms and Conditions, Privacy Policy, and any other policy found on the Site.
The User acknowledges that BONAGE takes all security measures within its reach to protect the information collected on the Site, but that such measures cannot fully guarantee its protection, as they are subject to possible attacks and/or unauthorized access by third parties ("hackers").
The User must regularly review the Site's Terms and Conditions, as BONAGE reserves the right to modify and update them at any time without prior notice.
BONAGE reserves the right to modify the presentation, configuration, and content of the Site and any of its services, as well as the conditions required for access, use, and/or provision of offered services. Accessing and using the content and services after the modifications or changes to the conditions come into effect implies acceptance of them.
SITE CONTENT
The User acknowledges BONAGE's full and absolute discretion to pre-select, reject, remove and/or modify any content on the Site, including, but not limited to, comments, posts, opinions, etc., submitted by Users or clients. The User certifies and confirms that the information provided is correct, legitimate, and that they have the rights for its registration, dissemination and/or publication on the Site.
BONAGE shall not be liable to the User or to any third party for damages, infringements, crimes, misdemeanors or any other type of unlawful acts that may be committed, whether it be intellectual property rights, honor and reputation of persons, their personal data, credit data, consumer rights, or any other right that could be violated as a consequence of the misuse of the Site by Users.
The User accepts that BONAGE, at its sole discretion, may access, store, monitor, manage, delete and modify their account information and all content found on the Site. The User accepts that BONAGE may cancel, delete or block their registration on the Site without justification or prior notice and that this will not entitle the User to claim any compensation.
Should the User find links to other websites through different buttons, links, banners, etc., from the Site, these would be managed by third parties. The Site may contain links or connections to other websites due to the very nature of this Site without implying any responsibility for BONAGE. Among the Sites that may be interconnected, but not limited to these, are the Sites of FACEBOOK, PINTEREST, TWITTER or other similar ones. In such cases, the User must know and accept the terms, policies and conditions of use of said Sites. Should they accept and access these Sites, the User is solely responsible for the use of the content of their information on said Sites.
BONAGE acknowledges that FACEBOOK, PINTEREST and TWITTER, as well as other social media Sites, are registered trademarks of their true owners and that their use or mere naming in this document does not imply an improper use of them, according to the general guidelines, and the terms and conditions of FACEBOOK and TWITTER or other similar ones.
PURCHASE CONDITIONS
By using the Site, Users accept that the acquisition of goods, enjoyment of promotions, discounts, activities, and any commercial activity carried out through the Site or through digital media owned by BONAGE, will be subject to BONAGE's delivery, exchange, and return policies, and in general, to BONAGE's terms as stated on the Site.
PAYMENT METHOD
Customers can pay directly from our website using a Credit Card (VISA, Mastercard, or AMEX). Your card will be charged at the time of order confirmation. We also accept bank transfers. Instructions for each payment method are found on the payment page, where the steps to follow are explained in detail. Once payment is made by bank transfer, the proof of payment must be attached in the indicated box or sent to servicio.cliente@bonage.com. If proof of payment is not sent within the next 12 hours, the purchase process will not proceed, and the order will be canceled.
RESPONSIBILITIES AND GUARANTEES
BONAGE declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Site and prevent the existence and transmission of viruses and other harmful components to Users. However, BONAGE cannot guarantee the reliability, usefulness, or truthfulness of the services or information provided through the Site. Consequently, BONAGE does not guarantee or assume responsibility for: (i) the continuity of the Site's content; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Site or on the server that provides it; (iv) the invulnerability of the Site and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the Site's content and products; (vi) the damages or losses caused, to itself or to a third party, by any person who infringes the conditions, rules, and instructions that BONAGE establishes on the Site or through the violation of its security systems.
If the User becomes aware of the existence of any illicit, illegal, or law-violating content or content that may constitute an infringement of intellectual and/or industrial property rights, they must immediately notify BONAGE so that BONAGE can take appropriate measures.
LICENSE ON COMMUNICATIONS
In the event that the User sends information of any kind to BONAGE through the Site, through the channels provided for that purpose on the Page itself, the User declares, guarantees, and accepts that they have the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third-party right, that such information is not confidential, and that such information is not harmful to third parties.
The User acknowledges assuming responsibility and will indemnify BONAGE for any communication they provide personally or on their behalf, with such responsibility extending, without any restriction, and declaring knowledge and ensuring the accuracy, legality, originality, and ownership of the same.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This Site is governed by national and international intellectual and industrial property legislation. In no case shall it be understood that the User's access and navigation on the Site or the use, acquisition, and/or contracting of products or services offered through it, implies a total or partial waiver, transmission, license, or assignment of such rights by BONAGE.
BONAGE owns or has obtained the corresponding license for the exploitation rights of BONAGE's intellectual and industrial property. as well as the rights and/or licenses of intellectual, industrial, and image property over the contents and products available through it.
It is not permitted to delete, evade, or manipulate the copyright notice and any other identification data of BONAGE's rights.
Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make secondary or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way all or part of the content and products included in the Site for public or commercial purposes, without the express written authorization of BONAGE.
DURATION AND MODIFICATION
BONAGE may modify the Terms and Conditions stipulated herein, totally or partially, by publishing any change in the same way as these Terms and Conditions appear, through any type of communication addressed to Users, without such communication being personal.
The temporary validity of these Terms and Conditions coincides, therefore, with the time of their exposure, until they are modified totally or partially, at which point the modified Terms and Conditions will become effective.
Regardless of what may be stipulated in the Terms and Conditions established, BONAGE may terminate, suspend, or interrupt, at any time without prior notice, access to the contents of the page, without the User being able to demand any compensation. After such termination, the prohibitions on the use of the content set forth above in these Terms and Conditions will remain in force.
INDEMNIFICATION
The User agrees to indemnify and hold harmless and free from damages BONAGE, its shareholders, parent companies, subsidiaries, affiliated companies, directors, officers, executives, managers, employees from and against any and all actions or judgments of liability, claims, complaints, penalties, interest, costs, expenses, fines, fees, initiated by third parties due to or originating from any of their actions on the Site.
SERVICE PROVISION RESTRICTIONS
Users undertake at all times during the use of the Site and the services that BONAGE offers through it, to avoid conduct that violates the law; likewise, they will be liable for any damages suffered by BONAGE in the event that such conduct harms it. BONAGE reserves the right to stop providing services to any User who attempts or - in BONAGE's judgment - appears to attempt against:
The safeguarding of public order and public safety.
The protection of public health or of natural persons who are consumers or Users, even when acting as investors.
Respect for human dignity and the principle of non-discrimination on grounds of race, sex, religion, opinion, nationality, or any other personal or social circumstance.
Due process, in any judicial and administrative jurisdiction.
The protection of youth and childhood.
Current consumer protection legislation.
The violation of any legal provision.
GENERAL PROVISIONS
The headings of the different clauses are for informational purposes only and will not affect, qualify, or broaden the interpretation of the Terms and Conditions.
In the event that any provision or provisions of these Terms and Conditions were to be considered null or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or unenforceability will not affect the other provisions of the Terms and Conditions.
The non-exercise or enforcement by BONAGE will not constitute a waiver thereof, unless acknowledged and agreed to in writing by BONAGE.
APPLICABLE LAW AND COMPETENT COURTS
These Terms and Conditions, as well as the relationship between the User and BONAGE, are governed by the laws of El Salvador. Both the User and BONAGE agree that any dispute or controversy arising from, or related to the use of the Site, as well as its interpretation, application, execution, and termination, including, but not limited to, the Privacy Policy and the Terms and Conditions of the Site, shall be resolved through Arbitration, after an attempt at Conciliation, by the Conciliation and Arbitration Center of El Salvador, in accordance with its rules of procedure.
The User acknowledges that the use of the Site and its services or content is prohibited in all jurisdictions that do not recognize the effectiveness of these Terms and Conditions. The use of the Site by the User will not establish a consumer relationship between said User and BONAGE.
SECURITY
For the security of our customers, when the payment method is a debit card, credit card, or any digital means, the transaction must be carried out by the cardholder of the payment method. If it is found that the procedure has not been followed as indicated, Bonage reserves the right to deny the transaction.
DELIVERY AND DISPATCH POLICY
A complete section has been developed that details the method, times, and all dispatch and delivery conditions. Please refer to the section titled: "Shipping Policies".
EXCHANGE AND RETURN POLICY
A complete section has been developed that details the method, times, and all exchange and return conditions. Please refer to the section titled: "Exchange and Return Policies".
DISCLOSURE TO THE CONSUMER
The consumer is hereby informed that the transaction must be carried out solely and exclusively by the debit or credit cardholder.
The consumer is recognized the right to **payment reversal** provided that: a) They exercise their right of withdrawal; b) The acquired product has not been received; c) The object of the contract does not correspond to what was requested, or turns out to be defective; and d) There are errors in the collection of transactions due to failures in third-party payment systems. The period to apply for payment reversal will be 15 days from the date the consumer filed their claim.
RIGHT OF WITHDRAWAL
If the customer receives the product but no longer wishes to use it, they can exercise their Right of Withdrawal without any penalty, within 8 business days from the date they receive it, provided that the following is met:
The product has not been used.
The product is intact, in good condition, and without any repair or adjustment.
Return the original packaging, labels, protective elements, box, and other elements related to the product.
Notify us in writing of the request to exercise your Right of Withdrawal via telephone, email, or the address established at the beginning of this document.
Present the original purchase receipt.