Last Update: December 27th of 2016

1.- Ownership

This site is owned and operated by CURVY FASHION S.L., a Spanish mercantile society located at St/ Francisco Silvela, number 35, 4D, 28028 Madrid, Spain.

NIF: B87607321

Email: info@musacurvy.com

CURVY FASHION S.L. (from now on “MUSACURVY”) is registered at the Business Register of Madrid, volume 34.828, page 152, as a first inscription on paper sheet M-626425.

2.- Acceptance

This online shop (from now on “Service”) is available for any user for its own use. The Service is subject to the following terms and conditions: these Terms of Use and Sale, (from now on “TUS”), our Privacy Policy and Cookie Policy.

When you use the Service, you accept these TUS as well as the rest of our terms and conditions.

This way, you state that you won’t use the Service for an illegal purpose.

On the other hand, we inform you that for legal reasons we store the electronic documents where your purchases are formalized as an agreement. You will be able to access those documents at any moment, from your profile or by sending an email to info@musacurvy.com.

3.- Service Description

Through the Service, MUSACURVY allows you to purchase multiples products offered through our online shop.

The contract between you and MUSACURVY will be concluded in Spanish and English.

The shopping process will be as it follows:
  •     Once you have selected a product, it will be added to the shopping basket.
  •     Once you are happy with your selection, you will have to fill out the form with your personal data (either as a “Guest” or “Registered User”): personal data, address, payment system, shipping method and the acceptance of our terms and conditions.
  •     Then you will get a summary of the products selected, as well as your personal data, address, payment system, shipping method and the option to confirm the purchase.
  •     The document concluding your purchase will be stored on your profile. In any case, you will be able to ask for it sending us an email to info@musacurvy.com.

During the purchasing process, you will be able to change the selected products, its quantity, your personal data, as well as the selected payment and delivery methods. To do so, you will have to go back or click on the “Edit” option before definitively finishing the purchase.

Once you have accepted the purchase, you will receive confirmation of it through email within 24 hours at most. The email will confirm the product that you purchased, its price, corresponding taxes, shipping costs, payment method, delivery address, estimated time of arrival and applicable terms and conditions.

4.- External Links

You could be send to other websites through links.

However, MUSACURVY does not have control over those sites or its content. In fact, those sites are subject to its own terms and conditions. Therefore, MUSACURVY does not take responsibility for the quality, veracity or accuracy of those sites.

5.- Age

In relation to the use of the online shop, you state that you are an adult with full legal capacity to use this site according to its terms and conditions and be entailed by this agreement, that you accept entirely.

You state that all the information provided to access the Service, before and after its use, it’s complete, accurate and reliable.

6.- Intellectual and Industrial Property

The content and the information of this site (among other, data, text, sound, pictures or code), as well as the infrastructure used to provide the content and information, is owned by MUSACURVY.

In addition, the modification, reproduction, duplication, copy, distribution, sale, resale and other exploitation forms for commercial purposes of the Service are forbidden.  

For any other use of the content of the site, the prior and written consent from MUSACURVY will be required.

7.- User Content

You can contribute to the Service through different ways, such as by sending an email, writing a review, sharing a picture of you through the “Love Yourself” option or sending suggestions (from now on “Content”).

We can use your Content on different ways, such as: showing it on the site, editing it for clarity, translating it to other languages, fixing grammatical errors, creating derivative works, promoting it or distributing it.  

Therefore, when you send us your Content you are giving MUSACURVY a license to use it non-exclusively, worldwide, free of charge, until the Content is deleted and with the option to transfer it and sublicense it. 

That means that the Content is yours and will alway be, but MUSACURVY, thanks to that license, may: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, as well as creating derivative works and to show and display it around the world, through any known media channel and for any purpose; and b) can use the name of the sender related to that Content.

If MUSACURVY provides opinion areas or forums, the TUS of the Service will be applicable too. In addition, you will be the responsible for its use at your own risk. MUSACURVY won’t edit or control the messages published or distributed through the Service. In the same way, MUSACURVY won’t assume any responsibilities or obligations for those messages.

However, MUSACURVY reserves the right to delete the messages, opinions and content from the users. In those areas of opinion or forums, you won’t be able to publish any false, illegal, deceitful, offensive, libelous, pornographic, indecent or intimidating content.

On the other hand, you state that the Content is not confidential, that you are the owner of the it or that you have gathered all the required authorizations for its use, specially in the “Love Yourself” feature. 

Finally, through your use of the Service you could be exposed to offensive, inaccurate or inappropriate third party content. MUSACURVY does not subscribe that content and neither can corroborate its accuracy. Therefore, your use the Service at your own risk.  

8.- Product delivery and availability

The products purchased through MUSACURVY will be delivered within 30 calendar days at most. In any case, the confirmation email after your purchase will include the concrete delivery period.

If the the product that you ordered is not available, we will notify you and provide, without extra cost, a product of equal or superior quality. You will also have the option to cancel your order, getting back any payment done within 30 days since the purchase.  

The delivery date will depend on the availability of the selected product/s and the destination. The delivery period can also change according to the specific circumstances of every package. Specially, when facing extraordinary incidents on the courier service or trouble for delivering the shipment.

In any case, you should remember that your product will be delivered during the week with the exception of the weekend and holidays (according to the destination country). Besides, your delivery will always be done during office hours.

9.- Price and taxes

The prices of the products offered through MUSACURVY are established in euros (€). Those prices include the corresponding Value-Added Tax (from now on “VAT”) at the moment of the purchase.  

In any case, the purchase could be exempted or not from VAT according to your country of residence or in what capacity are you acting. Therefore, the final price of your purchase could be modified in relation to the one shown initially.

If your purchase is exempted from VAT, you will have the option to point that out in the corresponding field during the shopping process or by sending an email, with your VAT/NIF number, to info@musacurvy.com.

10.- Shipping costs

The shipping costs will be established during the purchasing process and the confirmation email.

When the destination of a shipment is a country outside the European Union, MUSACURVY won’t assume any cost related to taxes and/or customs duties established by the country.



11.- Payment

The products can be paid with :

Credit or debit card from Visa or MasterCard. In those cases, the price will be charged the moment the product is purchased.

In this sense, the owners of the credit and debit cards are informed that MUSACURVY is the one responsible for the transactions through the online shop. These transactions will be done on a secure page, using SSL technology to guarantee the security of the data transmitted. 

12.- Refunds and returns

 From the reception of your product, you will have 15 calendar days to return it.

You can cancel your order at any moment and without extra cost. But only if your order is not already in the hands of the courier service for its shipment. In that case, you will have to wait for its reception and exercise your right to return it.  

If you want to exercise your right to return a product, you must notify us about it at: St/ Francisco Silvela, number 35, 4D, 28028 Madrid, Spain. You can also do it through email at: info@musacurvy.com.

In any case, we need your express consent to return the product and withdraw from the contract. You will have to return the product with the corresponding delivery note or the bill issued by MUSACURVY.

Although it is not compulsory, you can use the form for returns that we provide.

If you exercise your right to return the product, we will return you all the payments received in no more than 14 calendar days from the date of notification. We will refund the money through the same payment system used by you for the purchase, unless you say otherwise.  

You will be able to return any product bought in MUSACURVY provided that the product keeps the original seal or packaging, as well as the manuals, accessories and any promotional gifts included. In addition, always taking into account the list of exceptions for exercising your right established by applicable law.  

You will only respond by the decrease in value of the product, if it derives from a manipulation of it that is inappropriate to its nature, features or proper functioning.

On the other hand, if by mistake you receive a different product to the one ordered, without extra cost for you, first we will collect the wrong package and then we will send you the correct one.  

Finally, if you receive a broken, damaged or in poor condition product, MUSACURVY will collect it from your home address, replacing it by one in good condition and without extra cost.

13.- Validity of the offer

The products offered through MUSACURVY, as well as its prices, will be available for its purchase until its online catalogue is updated.

In any case, MUSACURVY reserves the right to update the Service with the corresponding modifications, having the option to analyze products and services according to the market.

The prices shown on the online shop are subject to change. MUSACURVY reserves the right to update the prices without prior notice. However, once your order has been received, the prices won’t be affected by any possible change.

We inform you that despite the updates that we do on the prices of the Service, these could contain mistakes. We will correct them as soon as possible, but they won’t bind the Service.  

14.- Warranty

The products are covered by a legal warranty of two years in relation to any nonconformity according to Spanish law.

For this reason, as a consumer you have the right to demand against the seller, and in some cases against the manufacturer, in relation to any nonconformity that could arise during the delivery of the product (taking into account the corresponding periods and conditions).

If the nonconformity of the product reveals during the first six months, it is understood that the fault was already there when the product was delivered. Nevertheless, that could be opposed and the presumption being considered incompatible to the nature of the product or the kind of nonconformity.  

If the nonconformity reveals after the first six months, you must prove that the fault was there from the beginining if you want to be covered by the legal warranty.

You must report any possible fault and nonconformity within two months since its discovery.  

In case of a nonconformity fault, we will proceed, without extra charge, to the reestablishment of the product through its reparation, substitution or price decrease, according to the applicable law.

You must remember that the warranty assistance requires the previous presentation of the receipt.

In any case, all the rights provided by law to you as a consumer of the Service are guaranteed.

15.- Security

As has been established before, all the shopping process, as well as the transmission of your personal and payment data, is done through a secure page, using SSL technology to guarantee the security of the data transmitted.  

16.- Changes and nullity

We can update the terms and conditions of the Service in the future.

We will inform you about these changes by sending you a notification to the provided email address and/or through a notice about it in our website.

If any clause included in these TUS could be declared, totally or partially, invalid or ineffective, that nullity or inefficiency will only affect that clause or the part established as invalid. On everything else, these TUS will persist.  

17.- Complaints and actions derived from the contract

This contract is regulated by Spanish law.

With the purpose to simplify any complaint through civil proceedings and to reduce costs, we do not exclude the possibility to be subjected to an equity arbitrage with the Chamber of Commerce and Industry.  

In this sense, and according to the applicable law, MUSACURVY informs you of the existence of the European platform for online dispute resolution. This platform makes easier the extrajudicial resolution of disputes for online contracts between consumers and Internet service providers. The platform can be accessed through this website: http://ec.europa.eu/odr

In any case, the contracts done through MUSACURVY will be presumably celebrated on the purchaser address.  

18.- Language of the terms and conditions

The terms and conditions of the Service are in Spanish and English, to make easier its understanding. However, in case of any contradiction between one version and the other, the Spanish version will take precedence.  

19.- Contact

For any question or request, you can contact us at:

Address: St/ Francisco Silvela, number 35, 4D, 28028 Madrid, Spain

Email: info@musacurvy.com