TERMS OF SERVICE
SECTION 1 - General
Welcome to www.borboleta.co. By continuing to browse and use this website, you agree to be bound by the following "Terms of Service" outlined below, so please read them carefully when accessing or using our website and prior to your order as we reserve the right to update, change or replace any part of these "Terms of Service" at any time. It is your responsibility to check this page for changes prior to your order.
This website ("www.borboleta.co") is operated by "Qubzee Ltd". Throughout these "Terms of Service", the terms “we”, “us” and “our” refer to "Qubzee Ltd", and the terms "you" and "customer" refer to you.
We are "Qubzee Ltd." and we are the owner and operator of this website. We are a company registered in Malta and here is the basic info about us that you need to know:
Abacus Business Centre, Level 1,
Dun Karm Street, B'Kara Bypass,
Birkirkara BKR 9037, Malta.
Malta company registration number: C64832
Malta VAT number: MT21815407
By visiting our website, any part of our website and/ or purchasing goods, you engage in our “Service” and agree to be bound by these "Terms of Service".
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our goods and services to you.
SECTION 2 - Services
The Services we offer allow you to search through www.borboleta.co and purchase products from "Stamarin Trgovina d.o.o.", in furgher text "Stamarin". We are an authorized agent of "Stamarin" for distance sales (online sales), with authority to conclude contract for the purchase/sale of the product with you, in the name and on behalf of "Stamarin" and receive payments for every purchase. However, the contract for the purchase of the products is between you and "Stamarin".
Our "Wholesale" activity and our "Wholesale Online Ordering Site" (link to Wholesale on www.borboleta.co) are subject to different contractual relatioship with "Stamarin d.o.o." and are governed by different "Terms of Service". Those sales are out of the scope of these "Terms of Service".
In order to use the Services you must be over 18 years of age.
SECTION 3 - Contracts
All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the "Terms of Service" set out below, as applicable at the time the order is placed. We do not accept any diverging "Terms of Service" from the customer except where specifically agreed in writing. Every order constitutes the customer’s acceptance of our general conditions that form an integral part of the agreement to the exclusion of all other general or special conditions of the customer, unless expressly otherwise agreed.
The language available for contracts is English language.
By submitting the order form provided on our Website to us you shall be placing a binding offer for a purchase contract with with "Stamarin" through us. You submit an offer by entering all required information during the ordering process and posting the order form to us. Before you submit your offer you will be able to review the details input by you and correct any mistakes you previously made.
On receipt of your order we will send you an e-mail confirmation (order confirmation), acknowledging receipt of your order and showing the details of your order. Such order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
We will provide you with the confirmation of the contract concluded, upon payment is processed, by e-mail, within a reasonable time after the conclusion of the contract, and at the latest at the time of the delivery.
A purchase contract will become effective only after we have accepted the offer, after processing payment and at the time of dispatching the goods ordered. The goods will be dispatched only after the full amount has been credited to our account.
Your order constitutes your binding offer for purchase contract.
Contract becomes effective at the time of goods dispatch/shippment.
Our product shippment constitutes our acceptance of the contract.
Qubzee Ltd. has the right to refuse any offer without stating a reason.
SECTION 4 - Disclosed Agent Acting in the Name and on Behalf of
Online sales to non-VAT registered customers (distance sales) on www.borboleta.co, are subject to contractual relationship between "Qubzee Ltd." - Malta and "Stamarin" - Croatia, where "Qubzee Ltd." is an agent intermediary of "Stamarin" (the owner of the "Borboleta" brand and the owner of the goods). Qubzee Ltd. is authorized to conclude sales contracts and in the name and for the account of "Stamarin". These "Terms of Service" are confirmed by "Stamarin", and they do apply to all sales to non-VAT registered customers.
When you place an order and conclude contract with "Qubzee Ltd." on www.borboleta.co, you placed an order and concluded contract with "Stamarin" through us.
Here is important information about "Stamarin":
Stamarin Trgovina d.o.o.
Vlaska 8, 10 000 Zagreb, Croatia
Croatia company register number (MBS): 080891921
Croatia VAT number: HR34632029611
SECTION 5 - Returns
SECTION 6 - Products / Goods
On this website, we sell "Borboleta" fashion jewellery. Please check each item for product description.
SECTION 7 - Prices and VAT
All prices on this website are stated in EUR (Euro), and when sold within EU - inclusive of VAT and any administrative costs unless otherwise specified. The posted selling price for each item exclude shipping/delivery costs that are added to final price prior to your order. The applicable VAT rate for EU sales is the Croatia VAT rate due to the fact that the place of supply is Croatia. Goods are delivered to you from Croatia. Regardless of different tax rates worlwide, our selling prices are the same for all countries, VAT inclusive for EU and ex lusibe on our non EU sales. It is your obligation to report and pay taxes and customs fees in your country where such taxes and fees are due.
The prices stated on www.borboleta.co at the time of your order apply.
SECTION 8 - Payment
You can use a credit card, debit card and PayPal, or a wire transfer to pay for your purchase at www.borboleta.co.
Your payment will be processed and at the same time contract effective prior to goods are shipped to you.
The goods offered are presented on this website in the form of photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
If you have ordered several items at the same time, the products may be delivered at different times. Shipping charges will be incurred only once in any such case.
SECTION 9 - Shipping and Delivery
Europe (excluding Malta and Croatia) - 6 Eur per order
(same rate applies for single and multiple item orders)
Malta, Croatia - No Charge
(same applies for single and multiple item orders)
Rest of the World - 6 Eur per order
(same rate applies for single and multiple item orders)
SECTION 10 - Delivery to European destinations
Estimated delivery time is 3-7 working days to the shipment address specified by the customer, depending on the shipment method (if applicable) and place of delivery chosen. The goods will be dispatched only after the full purchase price has been credited to our account.
SECTION 11 - Deliveries to non-European destinations
Estimated delivery will be made within 6-14 working days to the shipment address specified by the customer, depending on the shipment method (if applicable) and place of delivery chosen. We will notify customer about any dellays. The goods will be dispatched only after the full purchase price has been credited to our account.
SECTION 12 - Passing of Risk
The risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier acquires the physical possession of the goods.
SECTION 13 - Existence of legal guarantee - conformity for goods
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions to the extent of law applicable.
You must notify us in writting (juidicial act or registered mail) of any lack of conformity within 2 months from when detected. "Legal guarantee" applies for 2 years after sale.
SECTION 15 - Applicable Law and Forum
The customer and the vendor expressly agree that any and all disagreements, differences of opinion and disputes will be referred to the courts with jurisdiction in the place where the vendor has its registered office.
All contracts will be governed by the laws of Malta.