Terms and conditions

The website: https://www.smilevistealamoda.com is owned by BLAKE MODA S.A.S, with RUC:1793110932001

1. THE PARTIES

Between the customer and/or user, who acts on their own behalf if a natural person, or through a person duly authorized to act in their name and on their behalf if a legal entity, and, on the other side, SMILE viste a la Moda, which belongs to BLAKE MODA S.A.S, duly registered under Ecuadorian law, which has the website: https://www.smilevistealamoda.com; the parties enter into this contract in accordance with the terms and conditions of use, which form an integral part of this contract.

BLAKE MODA S.A.S assumes no responsibility for any impersonation committed by any customer and/or user; BLAKE MODA S.A.S will in all cases presume in good faith that it is contracting directly with the customer or, in the case of legal entities, with the legal representative or attorney-in-fact duly authorized to carry out this type of transaction.

2. CONDITIONS OF USE

Access to and use of the website smilevistealamoda.com (hereinafter, the Website) grants the visitor of the Website the status of User and implies the User's full acceptance, without reservation, of these conditions of use. If you do not accept them, we ask that you do not use the Website.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website and its contents, including the designs, texts, graphics, logos, icons and buttons, as well as the software, trade names, trademarks, works, illustrations, photographs or industrial designs and any other signs capable of industrial and commercial use, are the property of and owned by BLAKE MODA S.A.S and are protected by national and international intellectual and industrial property law. Under no circumstances shall it be understood that BLAKE MODA S.A.S grants any license or makes any waiver, transfer, or total or partial assignment of said rights, nor is any right or expectation of right conferred, in particular of alteration, transformation, exploitation, reproduction, distribution or public communication of said contents, without the prior express written authorization of BLAKE MODA S.A.S. The User may only use the Website and its contents for personal and private use. Any other use is prohibited and will require the User to obtain the prior express written authorization of BLAKE MODA S.A.S.

4. OBLIGATIONS OF USERS

In general, Users must always act in accordance with the law, good morals and the requirements of good faith, exercising due diligence and refraining from using the Website in any way that may prevent, damage or impair the normal operation of the Website, or the property or rights of BLAKE MODA S.A.S., its suppliers, other users or, in general, any third party.

Specifically, and without this implying any restriction on the preceding paragraph, while using the Website the User is obligated to:

• Provide truthful information in the data requested in the registration or order form, and keep it up to date.
• Not introduce, store or disseminate through the Website any program, data, virus, code or any other electronic or physical device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of BLAKE MODA S.A.S, of any other user, of the suppliers of BLAKE MODA S.A.S or, in general, of any third party.
• Not carry out advertising or commercial exploitation activities through the Website, and not use its contents and information to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties.
• Not use false identities or impersonate others when using the Website or any of its services, including, where applicable, using passwords or access codes of third parties, or in any other way.
• Not destroy, alter, use for their own purposes, disable or damage the data, information, programs or electronic documents of BLAKE MODA S.A.S, our suppliers or third parties.
• Not introduce, store or disseminate through the Website any content that infringes intellectual or industrial property rights or trade secrets of third parties, nor, in general, any content which, in accordance with the law, they do not have the right to make available to third parties.
• To make any purchase, it is an essential requirement to register, identify yourself and present yourself as a customer and/or user on the website. Activities will be carried out through an email account and a secret password of the customer, which is personal, non-transferable and the sole and exclusive responsibility of the customer.
• The customer is responsible for any use made of the password provided, which may not be transferred or disclosed to third parties for any reason. Likewise, the customer must adopt all necessary security measures to prevent its misuse or its becoming known to third parties. It is recommended to change the password periodically.
• In case of loss, forgetting or exposure of the password to third parties, the customer must go to the "site authentication" section, where there is a "remember password" link; by following the instructions there, the customer can recover the password by entering their personal information.

5. PROTECTION OF PERSONAL DATA

By registering at https://www.smilevistealamoda.com, you authorize BLAKE MODA S.A.S to include the personal data provided in the customer database owned by BLAKE MODA S.A.S and to use and process it for customer management purposes and for advertising and commercial prospecting purposes, including sending (via WhatsApp, email or other electronic means) commercial communications about products, services, offers, promotions and news from SMILE viste a la Moda, in compliance with the Organic Law on the Protection of Personal Data.

The User guarantees the truthfulness and accuracy of the personal data provided to BLAKE MODA S.A.S.

6. COOKIES

Our Website stores information on the IP addresses of computers and uses cookies. Cookies are small text files containing information that websites send to the User's computer while the User is browsing them.

Cookies help us improve our Website and provide a better, more personalized browsing experience. Specifically, they allow us to:

• Store information about your preferences and customize our Website according to your particular interests.
• Remember the products you have previously selected and added to Your Shopping Cart
• Speed up your searches.
• Recognize the computer when the User returns to our Website.
• Collect data derived from the traffic and interaction of Users on our Website to identify trends and for statistical purposes.

The User may refuse to accept cookies by enabling the browser setting that allows cookies to be rejected. However, if you disable cookies, you will not have access to many of the features of our Website and some of the services may stop working properly.

7. VIDEO SURVEILLANCE AND RECORDING OF FITTINGS AT THE BOUTIQUE

Our boutique in Quito has video surveillance cameras, without audio, for the safety of customers, staff, garments and facilities. When you enter the boutique, your image is recorded. There are no cameras in dressing rooms, fitting rooms or restrooms.

The recordings are for the internal use of BLAKE MODA S.A.S.: they are not published or shared with third parties, except when a competent authority requires them in accordance with the law. If a disagreement arises about your purchase, we may send you the video clip in which you appear to clear it up. We send it only to you, and we cover the images of other people.

When you try on a garment for an adjustment or alteration, we record the agreed work with an alteration code and send you the details by email, with the work to be done, the instructions and the photos, so that you can confirm it before we start. If you authorize us, we also record the fitting on video and audio and include it in those details. Recording is optional: if you do not accept, the alteration is carried out anyway and the written details remain as a record of what was agreed.

The details of this processing, the retention period and how to exercise your rights are in our Privacy Policy.

8. CONTACTING SMILE VISTE A LA MODA

For any question or issue with the use of the Website, you can contact us:

Through the Contact section of the Website.
By email, sending your message to [email protected]