BEBASCLOSET S.L. TERMS AND CONDITIONS OF SALE
The confirmation of each order through payment directly implies that THE CLIENT accepts and declares to know all the clauses of this contract and especially the obligations and rights highlighted in bold.
2.- OUR DATA
The sale of items through this website is carried out under the name BEBAS by BEBASCLOSET SL, with CIF B86076262 and address at C / Almirante 9, Madrid 28004.
GENERAL CONDITIONS OF SALE
3.- ORDER – SALE.
The client acknowledges to have placed an order after viewing and selecting the online collection catalogue and that the garments and accessories that comprise it.
Likewise, in the case of sample sales (or Sample Sale), they acknowledge being aware of the state of the garment or garments that they acquire and that they are fully aware that they belong to the seller’s sample book, and therefore have been previously used for purposes of marketing or dissemination, and confirms having been duly informed of the possible damages and conditions in said garment (s).Once the order is confirmed, the supplier agrees to ship it within the term defined in the product sheet and detailed in the order, unless both parties agree on another date. Notwithstanding the foregoing and except in cases of force majeure or, for any other cause that does not depend on the will of BEBAS, if the delivery of the order / s agreed by the parties, will be delayed more than 30 calendar days to be counted from the last day of the expected delivery date, the Customer may request the cancellation and refund of the order without this implying the payment of any compensation for this concept.
We do not sell products to minors. The products we sell must be purchased by adults. Minors under 18 years of age may only use the BEBAS Services under the supervision of a parent or guardian.
The payment methods accepted in our online store are: Visa, MasterCard, JCB and PayPal. The security of the merchant is 3D Secure that enables safe purchases to be made on the Internet and authenticates the buyer as the legitimate holder of the card they are using.
All operations that involve the transmission of personal or banking data are carried out using a secure environment. BEBAS uses a server based on the standard security technology SSL (Secure Socked Layer). All the information that you transmit to us travels encrypted through the network. Likewise, the data about your credit card are not registered in any database but go directly to the Bank’s POS (Point of Sale Terminal).
When paying with a VISA or MASTERCARD, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD card , offering, in this way, more guarantees about the security of the transaction.
Important: Credit card fraud is a crime, and BEBAS will take all needed action against anyone who carries out a fraudulent transaction in our online store.
The merchandise will be supplied properly packed. The buyer will be responsible for the shipping costs and customs fees or any other type of tax or fee that corresponds. In sample sale products, if the customer is interested in making a change of certain garments from an order already supplied, for another product from the same catalogue, it will be the customer’s responsibility to organise and pay for all shipments (both purchase and return).
If the customer does not accept the merchandise at the time of delivery, the Supplier will make it available to the customer for collection or pick up at its Madrid offices for a period of 90 days.
5.- CHANGES AND MODIFICATIONS OF THE ORDER
BE BEBAS collection and BEBAS collection, since they are Goods made to order, according to the user’s specifications and clearly personalized, changes or refunds are not possible.
In the Sample Sale category, the client may request the exchange for another model during the SEVEN (7) days following receipt of the order for another model of the same price or higher by paying the difference. This change may be requested only once. If said request is not made within the indicated period, the order will be considered firm and final for all purposes. The right to request this change will apply exclusively to those products that are returned in the same conditions in which the customer received them. No change will be made if the product has been used beyond the mere opening of it, or if products are not in the same condition in which they were delivered or that have suffered any damage, so customer must be careful with the / the product / s while they are in customer´s possession. The customer must return the item within seven days of receipt, using and including all its original packaging and accompanying documents. The client assumes the responsibility and cost of the necessary shipments. The seller therefore recommends the customer to make such returns by trusted courier and additionally to contract an insurance that covers the total value of the merchandise in case of theft, loss or damage during transportation. The seller will in no case assume the risk of said shipments.
All returns and exchanges are monitored by our Customer service department, so that repeated returns made by the same user may make it possible that in future orders from said customers, they are not accepted. If this happens to you, we will contact you in advance. Once the return or exchange is received at our facilities and inspected by our qualified staff, we will notify you via email if your return is accepted or denied. If it is accepted, we will refund the amount of your purchase according to the payment method you chose.
Money refunds can take 7-10 business days to appear in your bank account. If your order has a promotional gift, and you return the item, you must also proceed to return the gift. Otherwise, the price of said gift would be reduced by the amount of its return.
To make a shipment for an exchange or return, you must contact a public or private courier service such as Express Mail, Ups, DHL, Fedex., In that office they will ask you for the package measurements and the return address, you must indicate the following delivery address:
C/ Almirante 9, 1º izda
28004 Madrid, SPAIN
Keep in mind that the costs incurred for the return and the amount thereof, are due by the customer. If your return is from outside the EU, remember to add 3 copies of the commercial invoice received to your return.
6.- AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of products or raw materials. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
The sale is in cash through bank card, PayPal or wire transfer and will only be considered made once the customer has paid 100% of the price of the merchandise.
The prices on the website for deliveries in Spain include VAT. Prices exclude shipping costs, which will be added to the total amount due at the time of confirming and making the payment of the order.
8.- VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories. You expressly authorise us to issue the invoice electronically, although you can indicate at any time your desire to receive a paper invoice, in which case, we will issue and forward the invoice in that format.
9.- STATUS OF THE GARMENTS IN THE CASE OF SAMPLE SALE
The client accepts that he knows the state of the garment (s) being acquired, and is aware of possible damages that it may have and being informed that they are garments belonging to the seller’s sample book, and therefore have been previously used for marketing purposes or dissemination, and confirms having been duly informed of the possible damages and conditions in which said garment (s) is found
10.- RETURNS OF DEFECTIVE PRODUCTS
The products we sell and especially those with embroidery are handmade products, therefore small variations in texture, knots, color or positioning will not be considered defects or defects. We only select the highest quality products, but natural characteristics are unavoidable and are an inherent part of the uniqueness in each of our products.
Remember to try our products with great care, without jewellery or other elements that can damage the fabrics and without lotions or creams that can stain them.
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels providing the product data as well as the damage suffered. The product can be sent to our address in Madrid C / Almirante 9 1º izda. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement or correction of the same is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate. The amounts paid for those products that are returned due to a defect, when confirmed, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.
Returns are not permitted for the products in the BE BEBAS and BEBAS collections since they are goods made according to the user’s specifications, clearly personalised and made to order.
In the case of sample sale dresses, the client accepts that they know the status of the garment (s) that they acquire, being aware of the possible damages they may have and being informed that they are garments belonging to the seller’s sample collection as It is detailed in point 1.
If the purchase was made at the seller’s establishment, and since it is a second-hand product, the consumer will not be able to demand a refund of the amount thereof.
If the purchase was made remotely (by phone or through the Internet) the customer can exercise the right of cancellation for a maximum period of fourteen calendar days.
12.- FORCE MAJEURE
We will not be responsible for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond our reasonable control (“Force Majeure”). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following: a. Strikes, lockouts or other industrial action. b. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. d. Impossibility of using trains, boats, air planes, motor transport or other means of transport, public or private. and. Inability to use public or private telecommunication systems. F. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfil said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfil our obligations despite the Force Majeure Event.
13.- LIABILITY AND DISCLAIMER OF LIABILITY
Our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin: (i) loss of income or sales: (ii) loss of business; (iii) lost profits or loss of contracts; (iv) loss of anticipated savings; (v) loss of data; and (vi) loss of management time or office hours.
14.- PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
15.- COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us verbally or written. You and We acknowledge having consented to the conclusion of the contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
16.- OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the modifications made, we recommend that you do not use our website
17.- DATA PROTECTION. LEGISLATION AND JURISDICTION.
In accordance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, regarding natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and current Spanish regulations, you are informed that your data is incorporated into a mixed file (automated and manual support) called CUSTOMERS AND / OR SUPPLIERS of private ownership, with the commercial BEBAS CLOSET, SL being responsible for the treatment with CIF B86076262, and address at C/ Almirante nº9, 1º izda., 28004.- Madrid.
Your personal data will be kept for the duration of the purpose for which they were collected, or, where appropriate, the legal time established for each of the legal obligations arising from the treatments for which you have consented.
The CUSTOMERS are informed that according to the RGPD they have the right to obtain information on the data owned by the CUSTOMER, USER AND / OR SUPPLIER that treats the RESPONSIBLE type of data, responsible for the file, purpose, conservation period, etc., as well as the rights of access, rectification, cancellation and opposition to treatment, limitation of treatment, portability of data, the right to be forgotten and the right to withdraw the consent given.
All these rights may be exercised by sending postal mail to the address Calle Almirante nº 9, 1º izda., 28004.- Madrid or email to firstname.lastname@example.org, they must attach a photocopy of the Identity card or Passport indicating which right they wish to exercise, the responsible party having an obligation to be recorded as soon as possible.
Likewise, if they are not satisfied with the response they receive, they may contact the Spanish Agency for the Protection of Personal Data to assert their rights.
18.- APPLICABLE LEGISLATION AND JURISDICTION
This order and the subsequent sale, if applicable, will be governed by Spanish Legislation, the parties submitting, renouncing their own jurisdiction, to the Courts of Madrid.