GENERAL TERMS AND CONDITIONS

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This contractual document shall govern the purchasing and delivery of products and services through the website www.bbchou.eu, property of GENEVIEVE COLOMBO, hereinafter the PROVIDER.

 

Accepting this document implies that the USER:

 

• Has read and understood the above.

• Is a person with sufficient capacity to enter into contract.

• Assumes all obligations set forth herein.

 

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

 

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

 

Identity of the contracting parties

 

On one part, the supplier of the goods or services contracted by the USER, GENEVIEVE COL OMBO, whose registered address is at Calle de la Via Lactea, 165 - 08818 Olivella (Barcelona), TIN X2627876B and telephone number for customer/USER service +34601986535.

 

And on the other part, the USER, registered on the website by means of a username and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

 

Purpose of the contract

 

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

 

The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.

 

Contracting procedure

 

The USER, in order to access the products offered by the PROVIDER, must register through the website. Therefore, the USER must freely and voluntarily provide the personal data that will be required, such as NAME, SURNAME, SHIPPING ADDRESS, CONTACT PHONE NUMBER, EMAIL ADDRESS, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

 

in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E- Commerce (LSSICE), the following steps will be followed during the contracting procedure:

 

1. General contracting clauses.

2. Shipment of orders.

3. Right of withdrawal.

4. Claims.

5. Force majeure.

6. Competency.

7. General information of the offer.

8. Price and period of validity of the offer.

9. Shipping costs.

10. Payment method, expenses and discounts.

11. Purchase process.

12. Applicable warranties.

13. Guarantees and returns.

14. Applicable law and jurisdiction.

 

01. GENERAL CONTRACTING CLAUSES

 

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

 

02. SHIPMENT OF ORDERS

 

The PROVIDER will not ship any order until it has been verified that payment has been made.

 

Shipment of goods will usually be made using EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination indicated by the USER.

 

Delivery dates or times are approximate, and delays do not constitute a fundamental breach.

 

In the event that the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, the customer will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.

 

The delivery time is usually between 2 days and 2 months in Europe and 2 to 4 months, depending on the DELIVERY country and payment method chosen. This period is providing that the goods have been confirmed as available and the full payment of the order has been verified.

 

The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

 

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

 

It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.

 

03. RIGHT OF WITHDRAWAL

 

Withdrawal form: application_withdrawal_form.pdf

 

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the contract of sale if it were a provision of a service, to exercise the right of withdrawal, regulated in 102 del Real Decreto Legislativo 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the LENDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for the exercise will end twelve months after the date of expiry of the initial withdrawal period in accordance with Article 105 del RDL 1/2007​.

 

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 del RDL 1/2007, and which are listed here​​

 

The PROVIDER must be informed of any return, with the request for a return number (RMA) through the RMA form provided for this purpose, or by emailing info@bbchou.eu, indicating the invoice number or order number.

 

Once the USER has received the RMA number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at GENEVIEVE COLOMBO, Calle de la Via Lactea, 165 - 08818 Olivella (Barcelona).

 

04. COMPLAINTS

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Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

 

Postal address: GENEVIEVE COLOMBO, Calle de la Via Lactea, 165 - 08818 Olivella (Barcelona)

Telephone: +34601986535

Email: info@bbchou.eu

 

Online Dispute Resolution (ODR)

 

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the conflict.

 

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

05. FORCE MAJEURE

 

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until a fter the end of the case of force majeure.

 

06. COMPETENCY

 

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

 

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

 

The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.

 

 

07. GENERAL INFORMATION OF THE OFFER

 

All sales and deliveries made by the PROVIDER are subject to these General Terms and Conditions.

 

No modification, alteration or agreement contrary to the Commercial Proposal of GENEVIEVE COLOMBO or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

 

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

 

08. PRICE AND PERIOD OF VALIDITY OF THE OFFER

 

The prices indicated for each product include Value Added Tax (21% VAT). These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product purchased.

 

The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.

 

Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

 

Once the order has been placed, prices will be maintained regardless of whether the products are available.

 

Any payment made to the PROVIDER entails the issuance of an invoice or payment document required in the name of the registered USER or of the business name that he has informed at the time of placing the order. This invoice or payment document will be sent to the email address provided by the USER.

 

For any information about the order, the USER may contact the PROVIDER’s customer service by calling +34601986535 or by emailing info@bbchou.eu.

 

09. SHIPPING COSTS

 

The prices do not include shipping or communication expenses, installation or additional services, unless expressly agreed otherwise in writing.

 

Shipping costs will be calculated WHEN saving the basket or budget, since they are calculated by the weight of the products and the delivery address (free for Iberian Peninsula, except Balearic and Canary Islands). For other countries or zones must ask budget.

 

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

 

The PROVIDER accepts the following payment methods for orders:

 

BANK TRANSFER:

By deposit in cash or bank transfer in favor of the PROVIDER in the account number that will be communicated when selecting this payment method.

The USER has a term of 48 h. to make the transfer from the date of the order. After this period, the order will be canceled if the payment has not been received.

 

PAYPAL:

The payment of the order will be authorized through PayPal, but no money will be withdrawn until PayPal verifies that it is correct. For this, it will be essential to have a PayPal account.

 

SEQURA:

Shipment of products and payment of these up to 7 days after shipment. In this way we eliminate any mistrust of our store. It is not necessary to enter credit card information. After this period, you will pay your purchase by bank transfer, deposit into the account of collaborating entities (La Caixa, Banc de Sabadell, Banco de Santander or BBVA) or Credit Card. Service available for shipments in Spain up to 400 € subject to SEQURA approval.

 

 

BIZUM:

The Bizum Code is a four-digit PIN that can be used in all purchases, and is obtained from your bank's app. If you still do not have your Bizum Code, check on the Bizum website how to obtain it through your bank.

The payment process with Bizum is as follows:

1. Enter your mobile phone number and your Bizum Code.

2. You will receive by SMS a unique password, valid exclusively for the purchase you are making, and with it you will confirm the payment.

3. You will receive the payment confirmation immediate.

 

STRIPE PLATFORM PAYMENT SYSTEM:

You can make the payment immediately through the secure payment gateway STRIPE of our website. If it is necessary to make any return or cancellation of the order, the amount will be refunded through the same payment card or by transfer. Both personal and bank data will be protected with complete confidentiality and all security measures established by the Organic Law on Data Protection and Guarantee of Digital Rights 3/2018 of December 5.

 

11. PURCHASE PROCESS Basket (budgetsimulation)

Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.

 

Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.

 

Follow the steps below to correctly place an order from the basket:

 

1. Product selection and add to shopping cart

2. Finish purchase

3. Choose invoice option (upon request)

4. Add personal data (Name, surname, delivery address, contact phone number, email)

5. Choose payment method.

6. Confirm order

7. Receipt of order confirmation

 

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department.

 

Orders (purchase requests)

 

An email confirming the order status and shipment date will be sent within 48 hours of it being placed, if placed on a working day.

 

12. APPLICABLE WARRANTIES

 

All products offered on the website are completely original, unless otherwise stated in their description. They all have a two- year warranty period in accordance with the criteria and conditions described in the Spanish Royal Legislative Decree 1/2007 of 16 November, approving the revision of the General Law for the defence of consumers and users and other complementary laws.

 

13. GUARANTEES AND REFUNDS

 

The guarantees will comply with the provisions of the Title referred to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, which you can access by clicking here.

 

 

14. APPLICABLE LAW AND JURISDICTION

 

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.

 

In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to Olivella (Spain).