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". They apply to and bind all users of the website site, users who are visiting this site, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current website shall be subject to 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 - 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 us (or with Stamarin d.o.o. in case of deliveries to Croatia). 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 3 - Disclosed Agent / Croatia Sales Only
"Qubzee Ltd." is an authorized online re-seller of Croatian made "Borboleta" fashion jewellery through our www.borboleta.co website, with the special exception of territory of Croatia (where goods ordered are to be delivered to any address in the country of Croatia).
Online sales on www.borboleta.co in the country of Croatia only, are subject to contractual relationship between "Qubzee Ltd.", Malta and "Stamarin d.o.o.", Croatia, where "Qubzee Ltd." is an agent intermediary of "Stamarin d.o.o." (owner of the goods). Qubzee Ltd. is authorized to conclude sales contracts in the name and for the account of "Stamarin d.o.o.". These "Terms of Service" are confirmed by "Stamarin d.o.o." and they do apply to sales to Croatian territory with all exceptions clearly stated.
When you place an order on www.borboleta.co from the territory of Croatia (meaning goods you ordered are delivered to address in the country of Croatia), you placed an order with "Stamarin d.o.o." through us. Here is important information about "Stamarin d.o.o.":
Vlaska 8, 10 000 Zagreb, Croatia
Croatia company register number (MBS): 080891921
Croatia VAT number: HR34632029611
SECTION 4 - Returns / Withdrawal
SECTION 5 - Products / Goods
On this website, we sell "Borboleta" fashion jewellery. Please check each item for product description.
SECTION 6 - 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 Malta VAT rate except for the sales to customers on the territory of Croatia in which case the applicable VAT rate is the Croatia VAT rate due to the fact that the goods sold to Croatian territory are legally owned by "Stamarin d.o.o." and delivered to you from Croatia. Regardless of different VAT rate in Croatia, our tax inclusive selling prices are the same for Croatia as all other EU countries.
No tax is included on our non EU sales, posted prices are tax exclusive and it is your obligation to report and pay taxes in your country where such taxes are due.
The prices stated on www.borboleta.co at the time of your order apply.
SECTION 7 - 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 8A - Shipping and Delivery
Your package will be shipped with EMS, depending on the final destination and unless otherwise agreed. We are liable for transport risks.
Unless otherwise stated on our Website, goods will be ready for dispatch on the day following your order.
EU up to 30 g 5 eur, Non-EU 8 eur.
EU up to 100 g 9 eur, Non-EU 15 eur
EU up to 250 g 12 eur, Non-EU 19 eur
EU up to 500 g 18 eur, Non-EU 25 eur
EU up to 1000g 25 eur, Non-EU 35 eur
SECTION 8B - Delivery to EU destinations
Estimated delivery will be made within 6-8 days to the shipment address specified by customer, depending on the shipment method 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. We are obliged to deliver goods within 30 days.
SECTION 8C - Deliveries to non-EU destinations
Estimated delivery will be made within 6-10 days to the shipment address specified by customer, depending on the shipment method 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. We are obliged to deliver goods within 30 days.
SECTION 8D - 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 9 - 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 11 - 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.