Terms of sale and use
This document (together with the documents referred to on it) tells you:
Terms on which we sell and supply any products (the “products”) listed on our website and
Those Terms will come into effect on July 1st
. 2013 for the current users. For those new users the Terms will come into effect at the moment of the acceptance. Those Terms have been established by LINEROS, S.L. registered in Barcelona (Spain) VAT number ESB61139143, Girona, 55 – 08009 BARCELONA (Spain) – email firstname.lastname@example.org
Information about us
The Website is a site operated under the name of BANDARRA by LINEROS, S.L. (the "Company") which is registered in Barcelona (Spain), c/Girona, 55, 08009 Barcelona (Spain) in Registro Mercantil de Barcelona, tomo 29.105, Folio 138, Hoja B149455, inscripción 3ª.
Information about products and services
The description of the products and the services offered on the website are based on the information and internal documentation from the Company, as well as from third parties, suppliers and collaborators.
The pictures, graphical representations or iconographic and videos related to the products and services as well as the trade names, brands or other logos of any kind in our website aim to provide as much information as possible to the user.
Privacy – your data and visits to our website
Use of the website and its services
gives the condition of a user.
BANDARRA does not guarantee the availability, access and continuity of www.bandarra.es
operations and its services.
The user acknowledges and accepts that the use of contents and/or services offered in www.bandarra.es
is under their exclusive risk and responsibility.
It is prohibited the use of the services from our website to children under 14 years old; as well the need of the parents prior consultation for minors 14 to 18 years old before providing any data and in no case can collect information concerning other family members without the their consent.
The user commits to use this website and all its content and services in accordance with the law, morality public order and the present terms and conditions.
CONTENT AND USE OF SERVICE
The user agrees:
VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
Making only legal enquiries and orders.
Not making any false order or any illicit or criminal activity that may attempt against the rights of third parties, and/or infringe the regulation of the intellectual or industrial property, or any other applicable law (if we could reasonably consider that an order has been placed in this way, we are authorized to cancel it and inform about it to the relevant authorities.
Not transmitting, introducing, diffusing or making available to third parties any kind of information (data, contents, messages, drawings, sound and image files, photographs, software, etc…) that may be against the law, morality, public order or this Terms.
Not introducing or diffusing any content or publicity that may be racist, xenophobic, pornographic, apology for terrorism or attempt against the human rights
Not diffusing, transmitting or making available for third parties any kind of information or content that may attempt against the fundamental rights and liberties recognized on the constitution and international treaty;
Not diffusing, transmitting or making available for third parties any kind of information or content that may constitute illicit or unfair publicity ;
Not sending any kind of unauthorized or not required publicity, any kind of advertising material, junk mail or spam, chain letter, pyramidal structures, or any other soliciting form, expect in those areas (as commercial spaces) exclusively designed for it.
Not introducing or diffusing and false, ambiguous or non-exact information or content in the way that may lead to an error for the users.
No supplanting other users by using their passwords and usernames in www.bandarra.es
Not diffusing, transmitting or making available for third parties any kind of information or content that may violate the secret of communication or the laws of personal data
Not including in our website contents that may promote any kind of discrimination either sexual, racist, religious or that may violate the fundamental rights and liberties recognized by the Spanish Law, that induce or incite illegal acts or lead to wrong conclusions by being inexact, for omission o similar; that contain false or expired information; that infringe legal or regulatory rules on the confidentiality of communications, intellectual property, the right to honor and personal privacy, or incorporate violent or degrading messages or products.
The user agrees not to intentionally introduce or defund on the net any data program, virus, trojans, worms, logic bombs and or any material or software that may be considered damaging for the computer systems from the access supplier, the supplier itself or third users on the internet. As well, the user will not try to obtain non-authorized access to the website, to the server in which this website is located or any computer, server o database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
The failure to fulfill this clause could entail the commission of offenses defined by the applicable regulations. We will inform of any non-fulfillment of the legislations to the competent authorities and will cooperate with the competent authorities to discover the identity of the individual or organization attacker. As well, the failure to fulfill this clause will remove the right and authorization to use the services offered by BANDARRA as well as their partners or companies related to it.
BANDARRA will not be responsible, indirectly or subsidiarily and within the established limits of the current legal system, for any loss or damage resulting to the user due to unavailability, access failures due to an attack through a denial-of-service, virus or any other damaging or harmful software that may affect the computer, the computer equipment, data or any other material as a conscience of the use of this website or from the download of any content from it or to any redirected website.
We ask you to use the reporting system to communicate any problems or offensive content so that we can maintain the proper functioning of the website.
The user commits not to defund, transmit or make available to third parties any type of information, element or content that may violate the rights of the intellectual or industrial property, patents and trademarks or copyright that apply to the holders of www.bandarra.es
or third parties.
The user recognizes and permits that all the elements in www.bandarra.es
and all the services provided through the website, the structure, selection, order and presentation of its content, as well as all the copyright, patents and trademarks or rights of the intellectual property for the materials or contents correspond, at any time, to us or who authorizes us or grants us the license for its use. It is forbidden the use of texts, images, ads or any other element included in the website for its later inclusion totally or partially in any websites unrelated to us. The use of this material by any user will only be done in the way we expressly authorize or by who authorizes or grants us the license. This will not prevent the use of the content as necessary for hiring any of the services offered.
To provide us your truthful data (email, postal address and or any other contact details). As well, give us permission to use this information to contact you
CONCLUSION OF THE CONTRACT
Before register as a user, you should read and accept the following information about Private Policy:
BANDARRA reserves the right to refuse or remove any information or content that we consider inappropriate or that violates the norms of publications, also to restrict temporarily or permanently the use or access to the website or to deny the register of a user.
AVAILABILITY OF THE PRODUCTS AND/OR SERVICES
The information contained in this contract does not constitute an offer to sell but an invitation to contract. No contract will exist between you and us regarding any product until your order has been duly accepted by us. If you order is not accepted and there is any amount already charged to your account this will be paid back in its totality.
To make an order, you will have to follow the online buying procedure, accept its conditions and authorize its payment.
BANDARRA will send an email with the subject “Order Confirmation” to the user/contracting party within 24 hours from the reception of the order. This email will be composed by an acknowledgment of receipt and confirmation of purchase. This formalization will be understood as a pre-acceptance of the contract which one will be completely formalized at the moment of we receive the payment.
The proof of purchase of any product or service will be available and be displayed in “my account” area in “my order”.
Even so, BANDARRA, reserves the right to unilaterally cancel the contract provided that such action does not affect or cause any damage to the user beyond the fact of not receiving the product and/or service contracted.
REFUSAL TO PROCESS AN ORDER
BANDARRA operates through the website in all the European Union. Thus, BANDARRA only dispatches both their products and/or services in this territory.
The orders are subject to the products availability. In this sense, if there is any difficulty in supplying the products for any majeure force or any incidence attributable to BANDARRA, or there are no more products in stock after the purchase is done, BANDARRA reserves the right to inform the user/buyer of any other products of the same quality and value, even with more value from which ones you could chose or make a partial or total cancellation of the order. In this case, BANDARRA will return the amount that would had been paid.
*Some countries are excluded from this service.
PRICE AND APPLICABLE TAXES
BANDARRA reserves the right to remove any product from the website at any moment and to remove or modify any material or content from it. If there is any exceptional circumstance that force us to refuse processing an order after being sent the confirmation, BANDARRA reserves the right to do it at any time as long as this action does not affect or cause any damage to the user, besides the fact of not receiving the product or service contracted.
BANDARRA will not be responsible to your or any third party for removing any product form the website regardless of the product had been sold or not, remove or modify any material or content of the website, or refusing to process an order once it has been confirmed.
The price of each product will be stipulated at any time in our website, unless any evident error. If we find out any error on a price of a product purchased, we would inform you as soon as the error is detected and we will ask you to confirm again the order with the correct price or cancel it. If we could not get in contact with you, the
order will be cancelled and we will send the money back.
We are not obliged to deliver any product at a lower incorrect price, even if we had already confirmed the order, if the error is obvious and unequivocal and could have been recognized by you as an incorrect price.
The prices of the products and services offered through our website will be the same for all the European Union countries (EU countries).
Those prices will include the VAT and any other applicable tax. However, those prices do not include any transport costs, which will be added later on, at the total amount of the order. Those transport costs will have to be accepted by the user when confirming the order and proceeding with the payment.
BANDARRA reserves the right to modify the prices of the products and services offered on the website as well as in any other sales channel at any time. The products and services will be invoiced at the current price when registering the order. Orders already registered and confirmed won’t be affected.
VAT (VALUE-ADDED TAX) AND OTHER APPLICABLE TAXES
In accordance to the provisions of article 68 of the law 37/1992 from December 28th, of Value-added Tax (VAT), the delivery of goods shall mean located in the Spanish territory of application of VAT if delivery address is in the Spanish territory.
Orders delivered to the Canary Islands, Ceuta and Melilla will be exempt from VAT in application of the provisions of the article 21 of the law 37/1992, notwithstanding the application of any other tax or custom duties pursuant to the regulations in force in each of these territories. However, the retail price will not undergo in any modification.
The prices of the products and services offered through the website will be the same for all the European Union countries (EU countries). Those prices will include the VAT corresponding to its category and any other applicable taxes.
TAXES. INVOICEN AND COMPANY
ORDER ENLARGMENT, CANCELATION OR MODIFICATION
In the case that the user wants/needs an invoice, it has to ask for it by selecting the appropriate box when introducing the order. For the application and further preparations of the invoice it is necessary to have specified in “Mya Account: personal data” all the data needed such as name of the company, VAT code, postal address, phone and email. Although some data are not compulsory for private individuals, they are for companies.
The payment of the price and shipping costs for the products and services purchased through the website is done at the time of processing the payment through the payment gateway provided at the website.
When the payment is properly done, within the next 24 hours after having done the payment, the user will receive an email as a confirmation of purchase and acknowledgment of payment.
The proof of purchase that corresponds to the order of products and/or services will be available and seen on “my account: my order” section on the website.
The payment will be done with a credit or debit card Visa, MasterCard, Visa Electron and or any other similar card, or by bank transfer (wire transfer). There may be some cards excluded from the service. The issuer of the card used to make de payment must form any EU country bank or any branch office from any foreign entity stablished in the EU territory.
In case the user detects any improper or fraudulent charge to the credit card used when purchasing on www.bandarra.es
, the user has to inform BANDARRA through the contact form on the website, as soon as possible in order to be able to take the actions considered appropriate for the situation.
Our system has the highest commercially available security measures in the sector. In addition, the process of payment works on a secure server using the protocol SSL (Secure Socket Layer). The secure server establishes a connection so that the information is transmitted encrypted using algorithms of 128 bits to ensure that this information is only intelligible by the user’s computer and the website. Thereby, using the protocol SSL guarantees that the user is submitting their data to BANDARRA center server and the data is transmitted encrypted, avoiding any possible access or manipulation by third parties.
BANDARRA expresses that will not have access either storage of any sensible data related to the terms of payment used by the buyer. Only the payment processing company will have access to this data in order to proceed and handle the payments and its reception.
In order to offer the maximum guarantee during the purchase process, handling and shipment of the products, BANDARRA reserves the right to verify by phone or email any non-sensible payment details given by the user.
In the case the user refuses giving this details, BANDARRA reserves the right to cancel the order unilaterally.
The user may cancel, modify or enlarge the confirmed orders by BANDARRA whenever circumstances permit it. In case of the order is already shipped, it will not be possible to modify, cancel or enlarge it. The user will have to contact BANDARRA through the contact form on the website.
CHANGES AND RETURN POLICY
In case that the user wants to cancel the order, even on the mentioned circumstances, it will have to return the order at their own expenses, as indicated below. BANDARRA only will accept those returns in which the products have not been opened or suffered any damage, that the goods are as they were shipped and have the instructions, accessories and documents and whenever is possible its original packaging and labeling, otherwise the return will not be accepted and no refund will be made.
The cost of the modification or enlargement of any order will be specified in each particular case.
Legal right to desist a purchase
According to the legislation, the user will have a period of 14 working days from the delivery of the products or service contracting to, at any time, exercise the right to cancel all or part of the purchase in accordance with the applicable law.
In that case, the total or partial amount of the products will be reimbursed, although the user will take care of the shipment costs (already paid) as well as the costs of the returning the product when this is not made through any free way.
Once this period has ended, BANDARRA will not accept any returns for orders cancelled any product or service.
The user shall not be entitled to cancel or desist any order in those cases where the legislation is applied especially by way of information without limitation, in case of products made under the user’s specifications, personalized o similar cases.
After having examined the returned product, we will inform if the user has the right to receive the refund. This refund will be done as soon as possible, in any case, within 30 days from the date in which the user informed about its intention to desist. The refund will be processed using the same method of payment used when purchasing.
The partial return of an order will result in a partial refund.
Return of defective products
The user is entitled to reimbursement of the price for defective products or products delivered where you believe that, at the time of delivery, the product does not meet the terms of the contract. The user shall contact BANDARRA immediately through the contact form on its website indicating the details referred to the product itself and the purchase order (code, units, price, color, size, …..) as well as the damage it suffers.
The return of the products to BANDARRA will be done as it is established on the previous paragraph. We will examine the goods returned and inform via email, within a reasonable time, if the refund or replacement of the products proceeds.
The refund or replacement of the products will be done as soon as possible; in any case, BANDARRA will take care of the costs of the return and replacement as long as the return and/or replacement is to be done to the same place it had been delivered to the user.
The amounts paid for the products returned due to a fault or defect, when it really exists, will be fully refunded, including the shipment costs. The reimbursement will be done using the same method of payment used when purchasing.
This excludes the rights recognized by law.
BANDARRA commits to deliver the product in perfect conditions at the direction indicated by the contracting user. This direction shall be into the territory that BANDARRA operates and offer its services. With the aim to optimize the delivering process, the address given by the user/buyer shall be an address where the goods can be delivered during business hours.
In case the user is not at the address at the time of delivery, the transport will leave a message/notice informing how to proceed in order to agree a new delivery. This notice could also be sent via email or by a telephone call. If, after 7 working days form the first notice the buyer has not contacted the transport in order to fix a delivery date/address the goods will be returned to the warehouse and the buyer shall bear the cost of the transport of delivering and returning the goods as well as any possible extra cost.
BANDARRA is not responsible for the error or damages caused at the delivery place in which the circumstances where shipment data provided by the user does not match the desired delivery place.
BANDARRA can deliver one order in different times and dates.
At the time of delivery, and for the safety of our customers, it is imperative that the buyer shows any ID to the transport carrier, sing the delivery note and requests a copy of it. If the buyer/receiver of the order refuses to identify itself, the delivery may be postponed or cancelled.
BANDARRA will inform the user/buyer about the delivery times in each territory.
BANDARRA or the transport company hired will not make deliveries on Saturdays, Sundays or bank holidays.
The delivery of the orders are done twice or three times a week, maximum after 3 days of having received the confirmation email.
The delivery times and prices vary depending on the geographical zone where the goods have to be sent and the service contracted. Anyway, and for all shipments, we try to deliver the goods, at first delivery, within fifteen (15) working days from the departure of the warehouse.
In case that no delivery time is mentioned, it will be considered as delivery time fifteen (15) working days from the departure of the warehouse.
However, some delays may occur due to major force, or other like customized products, special products, unexpected circumstances or delivery zone.
The shipment will be considered done at the moment the goods have been delivered to the user at the time and place indicated by it, or if the customer agreed any other delivery conditions with the carrier.
Delivery comments or remarks
The order will not be delivered to any other one than the user/buyer unless express written authorization is mentioned on the order (comments). In this case BANDARRA not will be responsible of the product delivered to the user or third authorized party.
The comments or remarks made on the order are understood as indications or recommendations from the buyer, but in any case will replace the conditions established on the contract. In case that, for example, new delivery times are specified, neither BANDARRA nor the carrier will be obliged to fulfill this requirements, comments or remarks.
IMPOSSIBILITY OF DELIVERING
If after the third attempt to deliver the goods it has not been possible, the products will be returned to the warehouse and the buyer will take care of the shipment costs. After the first attempt, if it’s not possible to make the delivery, the carrier will contact the buyer by telephone and we will send an email informing about the failure of the delivery. In this emails we will inform about the possibility to collect the order in any other collection point. If you will not be able to attend the delivery, please contact us in order to arrange another date/time for delivering the goods. Please see the point Delivery Comments or Remarks.
In any case, the buyer will have seven (7) days to collect the order from the date since, following the conditions established on these Conditions, it’s informed that its order has been sent.
If after the period mentioned in this Conditions the buyer had not collected the order or non-other date had been agreed for the collection we will consider the contract cancelled. Because of this decision, we will proceed to make a reimbursement from the amount paid less the shipment of delivering, return and arrangement costs that may have been caused that have to be at the buyer expenses.
TRANSFER OF RISK AND PROPERTY OF THE PRODUCTS
The products have a legal guarantee for lack of conformity for a period of two (2) years from the date of delivery and in accordance to what is established on the applicable legislation. The user must inform BANDARRA of the lack of conformity within two (2) months from the knowledge of it.
The guarantee offered corresponds to what is established in the Real Decreto Legislativo 1/20007 from November 16th
, in which it is approved the revised text of the Organic Law for the Protection of Consumers and Users. The duration and manner of exercising these guarantees is clearly detailed in the description of the products.
The guarantee does not include damage caused by negligence, hits, use or misuse, nor perishable materials or products subject to wear caused by normal use or consumer goods. The products modified or repaired by the user or any other person not authorized by the manufacturer or the supplier are excluded from the guarantee.
To be able to use the guarantee, it is imperative to keep the receipt or the proof of purchase of the products.
In the event that the manufacturer grants additional trade guarantees, for their exercise, it will be required to keep the corresponding certificate of guarantee.
BANDARRA does not guarantee the use, by the users of the website and its contents or services according to the law, moral, public order neither this Terms and Conditions of use. Additionally, does not guarantee the truthfulness and accuracy, thoroughness and/or authenticity of the data given by users or third parties. Thereby, BANDARRA will not be responsible, indirect or subsidiary, for the damages of any kind originated by the use of services and contents of the website by users or that may be derived by the lack of veracity, accuracy and or authenticity of the data and information given by users or third parties, or identity theft of another by a user in any kind of activity through the website.
BANDARRA shall not be liable for any failure or delay in fulfilling any of our obligations under a contract that is caused by events outside our reasonable control (Majeure force causes). The Majeure Force will include any act, event, lack of exercise, omission or accident beyond our reasonable control will include any act or commitment.
BANDARRA is not responsible for delays, wrong publication nor lack of publication arising from events or circumstances beyond its control, including by way of information but not limited, governmental action, fire, flood, insurrection, earthquake, technical failure, riot, explosion, embargo, legal or illegal strike, shortage of staff or material, transportation interruption of any kind, delayed work or other circumstance beyond the control of BANDARRA.
In case BANDARRA does not provide the service on the scheduled date, or the service is not fulfilled following the agreed terms either for technical reasons or any other type or cause them maximum liability is limited to compliance with that agreement later in a similar position.
Therefore, BANDARRA will not be responsible directly or indirectly for any damage of any nature arising from the use of services and contents of www.bandarra.es
WAIVER AND SEVERABILITY
The lack of requirement from our side of strict compliance by you of any of the obligations assumed by you under a contract or these conditions or lack of exercise by us of the rights or actions that cannot lie under the contract or conditions will not waiver or limitation in relation to those rights or actions not relieve you from compliance with such duties.
No waiver by us of any right or particular activities shall include a renouncing of other rights or actions under the contract or conditions.
No waiver by us of any of the present conditions or rights and actions arising from the contract will come into effect unless expressly stated to be a waiver and formalized and communicated to you in a written way.
The present Term of Use and the contract that documents the purchase by the user of the products or services are the only will of BANDARRA and the user with relation to the subject and supersedes and replaces any other agreements or verbal contract or in writing, that the parties may have agreed in anteriority.
You and We recognize having consented to the conclusion of the contract without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in negotiations by the two of us before this agreement, except that which is explicitly mentioned in these documents.
Neither you nor us shall have action against any untrue statement made by the other party, verbal or written prior to the date of the contract (unless such untrue statement had been made fraudulently) and the only action that the other party will have will be due to the failure to comply the contract in accordance with these conditions.
CONTARCTING THIRD PARTIES THROUGH BANDARRA
You acknowledge and agree that any contractual or extra contractual relationship, if any, executed with third parties contacted through BANDARRA, as well as any participation in competitions, promotions, purchases of goods or contracting services, are understood that they are made solely between the user and the third party. Consequently, the user accepts that BANDARRA does not have any responsibility for damages of any kind incurred as a result of their negotiations, conversations and / or contractual or extra contractual relations with third natural person or legal person contacted through www.bandarra.es
GENERAL INFORMATION, LAW AND JURISDICTION
The present agreement is regulated by the laws of Spain and subject to the jurisdiction of the courts of Barcelona (Spain). Such jurisdiction shall not be competent if you hire as a consumer, if the applicable consumer law establishes a separate jurisdiction for certain issues.
Failure to enforce any particular provision, does not waive the right to do so in the future.
If a court strikes down any of these conditions, the other conditions will remain. We can automatically assign this agreement in our sole discretion in accordance with the provisions relating to the prior notice.
Such amendments shall come into effect at the time the user uses the web site or, where applicable, fifteen (15) days elapsed since the publication of this update.
No other modification of this agreement shall take effect unless it is drafted in writing and signed by the user and us.
COMMENTS, QUESTIONS AND SUGGESTIONS
You can send your comments, questions and suggestions through the contact form on the website. The parties submit, at its election, to resolve conflicts and renounce any other jurisdiction to the courts of the users residence