Terms & Conditions
PALOMA BARCELÓ USA is a trading name of PALOMA BARCELÓ USA CORP., a company incorporated in U.S.A. with registered address at 29 East 19th. Street 5th. floor, 10003-New York.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify PALOMA BARCELÓ USA immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the PALOMA BARCELÓ USA terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to , whose applications are acceptable to PALOMA BARCELÓ USA and who have authorized PALOMA BARCELÓ USA to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, PALOMA BARCELÓ USA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where PALOMA BARCELÓ USA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
PALOMA BARCELÓ USA offers products for sale that are in stock and available for dispatch from our distribution center.
PALOMA BARCELÓ USA will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars (USD $ ).
Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page.
All the transactions or order shall be on a DDU basis, which means that the delivery shall be completed when the products are delivered to the address designated by you, and the all relevant import taxes and duties shall be at your obligation.
Product prices displayed on palomabarcelo.us do not include taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly by brokerage or an import broker, and payment of these is necessary to release your order from customs on arrival. If you apply for a return or an exchange, such cost may not be recovered.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and PALOMA BARCELÓ USA will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in New York, U.S.A. and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of PALOMA BARCELÓ USA.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to palomabarcelo.us Payment will be debited and cleared from your account upon dispatch of your order by PALOMA BARCELÓ USA. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to PALOMA BARCELÓ USA, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. We use a secure payment system to ensure that all purchases are as safe as possible. Data transfers are protected by up to 256-bit SSL encryption, and bank transactions are conducted directly between customers and their financial institution. This ensures that no one outside our payment gateway system can access customer card details.
Our server also encrypts all personal data to guarantee the confidentiality and security of your transaction.
For card payments, depending on the type of card and country of issue, PALOMA BARCELÓ USA.com uses the 3D Secure payment system, which incorporates additional security measures to prevent unauthorized use of your credit card.
We reserve the right to withhold any order for security reasons. In such cases, we will notify any affected customers. We also reserve the right to cancel an order if we are unable to verify the shipping and billing information, or if we believe that the customer has placed an order with the intention of reselling the merchandise.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including PALOMA BARCELÓ USA Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by PALOMA BARCELÓ USA and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. PALOMA BARCELÓ USA tries to ensure that the information on this site is accurate and complete. PALOMA BARCELÓ USA does not promise that PALOMA BARCELÓ USA's Content is accurate or error-free. PALOMA BARCELÓ USA does not promise that the functional aspects of the Site or PALOMA BARCELÓ USA's Content will be error free or that this Site, PALOMA BARCELÓ USA Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on PALOMA BARCELÓ USA Blog, Youtube Channel & Social Media are the personal opinions of the authors and do not reflect the views of PALOMA BARCELÓ USA. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to PALOMA BARCELÓ USA a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but PALOMA BARCELÓ USA does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org . PALOMA BARCELÓ USA reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than PALOMA BARCELÓ USA, including advertisers. PALOMA BARCELÓ USA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
Nothing in this Agreement is intended to affect your rights under the law.
If PALOMA BARCELÓ USA fail to comply with the Terms & Conditions, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms & Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and PALOMA BARCELÓ USA knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us PALOMA BARCELÓ USA harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms & Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and PALOMA BARCELÓ USA as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of PALOMA BARCELÓ USA, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms & Conditions.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the laws of New York (U.S.A).
This version has been effective since 01.01.2020