Terms of Use
**TERMS OF USE**
Any individual, hereinafter referred to as "USER," who intends to use the services of BY VANITY, must accept this Terms of Use, as well as all other policies and principles that govern it. ACCEPTANCE OF THE TERMS OF USE IS ABSOLUTELY ESSENTIAL FOR THE USE OF THE PLATFORM AND ITS SERVICES.
The USER must read, make sure they have understood, and accept all the conditions established in the Terms of Use, as well as in any other documents incorporated therein by reference, before registering as a USER of BY VANITY.
**1. OBJECT**
1.1 The services subject to this Terms of Use consist of making available to USERS, directly or indirectly registered in its system, a set of stores, business establishments, sellers, and self-employed individuals previously registered, who will use the BY VANITY platform to offer goods, products, and services owned by the merchants to interested USERS.
1.2 The USER is responsible for filling in their personal data, ensuring that their registration does not cause any harm or embarrassment to third parties.
1.3 After browsing the Virtual Store, the USER may purchase goods, products, and services from the virtual establishments they find, subject to the terms and conditions specified herein, and payment of the remuneration established for each purchase, subject to the deadlines established in each operation defined by the respective seller.
1.4 The delivery time of the products and/or services will be as contracted with the virtual store selling the product, at the time of purchase.
1.5 The publication, acquisition, and delivery of the product or service will occur according to the following steps:
- a) Publication of the Offer by the VIRTUAL STORE: The offer will be published on the platform offered by BY VANITY and will remain available for the period stipulated by the contractor for the USER to make their choice.
- b) Amo-Ofertas does not guarantee the product or service and is not responsible for the delivery. BY VANITY is not responsible for any inaccuracies, lack, or depletion of the stock of the product chosen by the USER from the VIRTUAL STORE.
- c) Choice of product or service: The USER interested in purchasing a product or service may do so freely from the VIRTUAL STORE.
- d) Delivery of Offered Products and/or Services: The USER is aware, and hereby agrees, that any product and/or service offered by the VIRTUAL STORE on the platform is purchased directly from the VIRTUAL STORE, and that it is solely and entirely responsible for the delivery, quality, quantity, condition, existence, legitimacy, and integrity of the products and/or services offered. The USER acknowledges that Amo-Ofertas does not have possession or ownership of the products and/or services offered through the platform. By opting for a product and/or service through the platform, the USER declares to have adhered to the regulations and conditions of the offer from the VIRTUAL STORE and declares to be aware of the conditions of use, payment, receipt, and validity period of their choice.
**2. CAPACITY TO REGISTER ON THE WEBSITE**
2.1 BY VANITY services are available only to individuals who have the legal capacity to contract them. Individuals who do not have this capacity, including minors, or individuals who have been temporarily or permanently disabled from BY VANITY, cannot use them.
2.2 It is also not allowed for the same person to have more than one registration as a consumer user, except for consumers who also have a VIRTUAL STORE. If BY VANITY detects duplicate registrations through the data verification system, it will permanently disable all registrations.
**3. REGISTRATION**
3.1 Only the interested party who fills in all the registration fields will have their registration confirmed. The future USER must complete it with accurate, precise, and true information, and undertakes to update personal data whenever there is any change.
3.2 BY VANITY is not responsible for the correction of personal data entered by its USERS. USERS guarantee and are responsible, in any case, for the truthfulness, accuracy, and authenticity of the personal data registered.
3.3 BY VANITY reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that it deems pertinent in order to verify the personal data provided.
3.4 If BY VANITY decides to verify the accuracy of a USER's registration data and finds incorrect or untrue data among them, or if the USER refuses or fails to send the required documents, BY VANITY may block them from purchasing or choosing products or services, or temporarily suspend or permanently cancel the USER's registration, without prejudice to other measures it deems necessary and appropriate.
3.5 If any of the above sanctions are applied, any choices made will be automatically canceled, and the USER will not be entitled to any compensation or reimbursement for this reason.
3.6 The USER will access their account using their username and/or email and password and undertakes not to inform these data to third
parties, taking full responsibility for their use.
3.7 The USER undertakes to immediately notify BY VANITY, through a secure means, of any unauthorized use of their account, as well as unauthorized access by third parties. The USER will be solely responsible for the operations carried out in their account, since access to it will only be possible by entering the password, the knowledge of which is exclusive to the USER.
3.8 Under no circumstances will the assignment, sale, rental, or any other form of transfer of the account be allowed, under penalty of cancellation for violations of BY VANITY policies.
3.9 The USER expressly accepts that BY VANITY and/or any of its partners may send the USER informative email or SMS messages regarding specific communications related to the products and services made available or to be made available on the platform, as well as other commercial messages, such as offers from third parties affiliated with BY VANITY and platform news. If the USER no longer wishes to receive such messages, they must request the cancellation of their sending on the platform itself.
**4. PAYMENT**
4.1 Payments for purchases made by interested parties and contacts with USERS may be made through third-party companies, including the provision of a payment management service by a company responsible for payment management.
4.2 BY VANITY may not intervene in the results of the relationship between the USER and the company responsible for payment management since it manages its operations independently of BY VANITY, and it is up to the company to limit or expand the possibilities of intervention that BY VANITY can exercise over such relationship.
4.3 BY VANITY cannot guarantee in any way that the services provided by the company responsible for payment management will be error-free, uninterrupted, malfunction-free, delayed, or otherwise imperfect.
4.4 BY VANITY will not be responsible for the availability or non-availability of the services provided by the company responsible for payment management or for the impossibility of using the Service.
**5. MODIFICATIONS TO THE TERMS OF USE**
5.1 BY VANITY may change, at any time, this Terms of Use, aiming at its improvement and the improvement of the services provided. The new Terms of Use will come into effect upon its publication on the platform. Within 24 (twenty-four) hours from the publication of the modifications, the USER must communicate by email if they do not agree with the altered Terms of Use. In this case, the contractual relationship will cease to exist, provided there are no open accounts or debts in the name of the USER. If there is no manifestation within the stipulated period, it will be understood that the USER has tacitly accepted the new Terms of Use, and the contract will continue to bind the parties.
5.2 The changes will not apply to choices, commitments, and acquisitions already initiated at the time the changes are published. For these, the Terms of Use will apply with the previous wording.
**6. INFORMATION PRIVACY**
6.1 BY VANITY will take all possible measures to maintain the confidentiality and security described in this clause, but will not be liable for any damage that may result from the violation of these measures by third parties using public networks or the internet, subverting security systems to access USER information.
6.2 It is inherent in BY VANITY activity to connect and partner with partner companies for the perfect provision of services. Therefore, BY VANITY may, at its sole discretion and convenience, share information about USERS and visitors to its site with its partners.
6.3 In case of doubts about the protection of personal data, or to obtain more information about personal data and cases in which the confidentiality referred to in this clause may be breached, consult byvanitystore@byvanity.com
**7. USER OBLIGATIONS**
7.1 USERS interested in participating in the services offered and advertised by BY VANITY and its users must register, choose products and services, and make the corresponding payments.
7.2 After registering on the site, chosen VIRTUAL STORE, choosing and paying for the products and services purchased, USERS undertake to collaborate so that BY VANITY and the store achieve their goal.
7.4 BY VANITY is not responsible for the tax obligations that fall on the activities of the site USERS, as well as those of its Partners and Virtual Stores. As established by the relevant legislation in force, the consumer must demand an invoice from the Partner in their transactions.
**8. VIOLATION OF THE SYSTEM OR DATABASE**
8.1 It is not allowed to use any device, software, or other resource that may interfere with the activities and operations of BY VANITY, as well as the publication of offers, products or services, descriptions, accounts, or their databases. Any intrusion, attempt to, or activity that violates or contravenes the laws of intellectual property and/or the prohibitions stipulated in this Terms of Use, will make the responsible party liable to legal action, as well as the sanctions provided herein, and will also be responsible for compensation for any damages caused.
**9. SANCTIONS**
9.1 Without prejudice to other measures, BY VANITY may warn, suspend, or cancel, temporarily or definitively, a USER's account at any time, and initiate the legal actions applicable if: a) the USER fails to comply with any provision of this Terms of Use; b) fails to meet its USER duties; c) engages in fraudulent or intentional acts; d) if the USER's identity cannot be verified or any information provided by them is incorrect; e) if BY VANITY believes that the USER's ads or any action have caused any damage to third parties or to BY VANITY itself or have the potential to do so. In cases of disqualification of the USER's registration, all active Offer acquisitions will be automatically canceled. BY VANITY reserves the right to, at any time and at its sole discretion, request the submission of personal documentation.
**10. RESPONSIBILITIES**
10.1 BY VANITY is not the owner of the products and/or services offered by the Partner Virtual Stores, does not possess them, and does not make offers/sales on their behalf. Nor does it intervene in the delivery and/or use of products and/or services whose acquisition takes place through the platform.
10.2 BY VANITY is not responsible, upon their delivery and/or use, for the existence, quantity, quality, condition, integrity, or legitimacy of the products offered by Partners and acquired by USERS, as well as for the capacity of USERS to contract or for the truthfulness of the personal data they enter in their registrations.
10.3 BY VANITY will not be responsible for the effective fulfillment of the obligations assumed by the USERS. The USER and their contacts acknowledge and accept that by choosing and selecting the products and/or services of the Virtual Store, they do so at their own risk. Under no circumstances will BY VANITY be liable for loss of profit or for any other damages and/or losses that the USER may suffer due to acquisitions made through the platform.
10.4 BY VANITY recommends that every transaction be carried out with caution and common sense. USERS and their contacts should weigh the risks of purchasing products and services.
10.5 Given the impossibility of the integral and uninterrupted functioning of any telecommunications or computer system, 365 days a year, 24 hours a day, in this situation of fragility also including, due to its complexity, the provision of services subject to this Agreement, including due to the dependence on telecommunications services provided by third parties, BY VANITy does not guarantee, in any way, the provision of the service uninterruptedly and/or free from errors.
BY VANITy Team.