Terms of Service

DENIM RETAIL GROUP, S.A. de C.V.

LAST UPDATED: May 23, 2022

 

A. TERMS AND CONDITIONS

This is the Internet Site of the store whose trade name is 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 electronic signature certification 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 individuals or legal entities 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 claims or clarifications, the user may contact us through our social networks, in person at any Bonage store, by email, and by phone number indicated at the beginning of this document.

 

1. ACCEPTANCE OF TERMS AND CONDITIONS
   
   

These Terms and Conditions aim to regulate access to content and services for Users. The User is responsible and declares to have legal capacity to enter the Site and to have no 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 unreservedly accepts 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 their legal representation.

 

2. PRIVACY POLICY
   
   

Notwithstanding any other provision to the contrary contained in these Terms and Conditions, BONAGE's use of any personally identifiable information or personal data that Users provide through the Site will be governed by our Privacy Policy. For more information about BONAGE's protection of your personal information, please refer to our Privacy Policy page.

 

3. USE OF THE SITE
   
   

On the Site, Users may make inquiries and perform e-commerce transactions, such as and without limitation, the purchase of merchandise permitted by law and made available to the User. To perform purchase transactions, the User must enter personal information that allows for proper identification. 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, content of the Site, and any of its services, as well as the conditions required for their access, use, and/or provision of offered services. Access and use of the content and services after the effective date of their modifications or changes in conditions imply acceptance thereof.

 

4. SITE CONTENT
   
   

The User acknowledges BONAGE's full and absolute discretion to preselect, 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, contraventions, or any other type of unlawful acts that may be committed, whether it concerns intellectual property rights, honor and reputation of individuals, their personal data, credit data, consumer rights, or any other right that may be violated as a result of the misuse of the Site by Users.

The User agrees that BONAGE, at its own discretion, may access, retain, monitor, manage, delete, and modify their account information and all content on the Site. The User agrees that BONAGE may cancel, delete, or block their registration on the Site without justification or prior notice, and that this will not give the User the right to claim any compensation.

If the User finds links to other web pages 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. If the User accepts and accesses these Sites, the User is solely responsible for the use of the content of their information on said Sites.

BONAGE recognizes that FACEBOOK, PINTEREST and TWITTER, as well as other social media Sites, are registered trademarks of their true owners and that the use or mere naming of them in this document does not imply their improper use, in accordance with the general guidelines, and the terms and conditions of FACEBOOK and TWITTER or other similar ones.

 

5. PURCHASING 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 means owned by BONAGE, will be subject to BONAGE's delivery, exchange, and return policies and, in general, in accordance with said terms as stated on the Site.

 

6. PAYMENT METHOD

The customer can pay directly from our website by 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 receipt must be attached in the indicated box or sent to servicio.cliente@bonage.com. If the receipt is not sent within the next 12 hours, the purchase process will not proceed and the order will be cancelled.

 

7. RESPONSIBILITIES AND WARRANTIES
   
   

BONAGE declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation 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 veracity of the services or information provided through the Site. Consequently, BONAGE does not guarantee or take responsibility for: (i) the continuity of the content of the Site; (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 content and products of the Site; (vi) the damages or harm caused, to itself or to a third party, by any person who violates the conditions, rules, and instructions established by BONAGE on the Site or through the violation of its security systems.

 

If the User becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify BONAGE so that it can proceed to adopt the appropriate measures.

 

8. LICENSE FOR COMMUNICATIONS
   
   

In the event that the User sends information of any kind to BONAGE through the Site, using the channels provided for this purpose on the Page itself, the User declares, guarantees, and accepts that they have the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party right, that said information is not confidential, and that said information is not harmful to third parties.

The User acknowledges assuming responsibility and will indemnify BONAGE for any communication provided personally or on their behalf, with said responsibility extending, without any restriction, to declaring knowledge and ensuring the accuracy, legality, originality, and ownership thereof.

 

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
   
   

This Site is governed by national and international legislation on intellectual and industrial property. In no case shall it be understood that the User's access and navigation to the Site or the use, acquisition and/or contracting of products or services offered through it, implies a waiver, transmission, license or total or partial assignment of such rights by BONAGE.

BONAGE is the owner or has obtained the corresponding license over the exploitation rights of BONAGE's intellectual and industrial property, as well as the intellectual, industrial and image property rights and/or licenses over the content and products available through it.

It is not permitted to suppress, circumvent or manipulate the copyright notice ("Copyright") and any other identification data of BONAGE's rights.

Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents and products included in the Site for public or commercial purposes, unless BONAGE's express written authorization is obtained.

 

10. 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 said communication being personal.

The temporary validity of these Terms and Conditions therefore coincides with the time of their exposure, until they are totally or partially modified, at which point the modified Terms and Conditions will become effective.

Regardless of what may be stipulated in the Terms and Conditions that are 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 said termination, the prohibitions on the use of the content set forth above in these Terms and Conditions will remain in force.

 

11. INDEMNIFICATION
    
    

The User agrees to indemnify and hold harmless BONAGE, its shareholders, controlling companies, controlled companies, related companies, directors, officers, executives, managers, and 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 its actions on the Site.

 

12. RESTRICTIONS ON THE PROVISION OF SERVICES
    
    

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 responsible for damages suffered by BONAGE in the event that such conduct harms it. BONAGE reserves the right to stop providing services to any User who acts or - in BONAGE's judgment - appears to act against:

1. The safeguarding of public order and public security.
2. The protection of public health or of individuals who are consumers or Users, even when acting as investors.
3. 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.
4. Due process, in any judicial and administrative jurisdiction.
5. The protection of youth and childhood.
6. Current consumer protection legislation.
7. The violation of any legal provision.

 

13. GENERAL PROVISIONS
    
    

The headings of the different clauses are for informational purposes only, and shall not affect, qualify or expand 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 shall not affect the other provisions of the Terms and Conditions.

The non-exercise or non-enforcement by BONAGE shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by it.

 

14. 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, must be resolved through Arbitration, after an attempt at Conciliation, by the Conciliation and Arbitration Center of El Salvador, in accordance with its procedural rules.

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 User's use of the Site will not establish a consumer-type relationship between said User and BONAGE.

 

15. SECURITY

For the security of our customers, when the payment method is by debit card, credit card, or any digital means, the transaction must be carried out by the cardholder. Should it be verified that this has not been done, Bonage reserves the right to deny the transaction.

 

16. DELIVERY AND SHIPPING POLICY

A complete section has been developed detailing the manner, times, and all shipping and delivery conditions. Please refer to the section titled: "Shipping Policies".

 

17. EXCHANGE AND RETURN POLICY

A complete section has been developed detailing the manner, times, and all conditions for exchanges and returns. Please refer to the section titled: "Exchange and Return Policies".

 

18. INFORMING THE CONSUMER
1. It is hereby made known to the consumer that the transaction must be carried out solely and exclusively by the holder of the debit or credit card.
2. 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 term to apply the payment reversal will be 15 days from the date the consumer filed their claim.

 

19. RIGHT OF WITHDRAWAL

If the customer receives the product but no longer wishes to use it, they may exercise their Right of Withdrawal without any penalty, within 8 business days from the date they receive it, provided that the following is met:

1. The product must not have been used.
2. The product must be intact, in good condition, and without any repairs or adjustments.
3. Return the original packaging, labels, protective elements, box, and other items related to the product.
4. Notify us in writing of the request to exercise your Right of Withdrawal through the phone, email, or address established at the beginning of this document.
5. Present the original purchase receipt 

    

If payment was made by credit/debit card, the payment will be reimbursed to your card immediately. However, the time it takes for the transaction to be reflected will depend on each bank's policies. Sometimes the process can take around 15 business days to become effective.

 

 

 

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