General Conditions of Sale made by Bubu Toys through its Internet sales platform, https://bubutoys.eu.
1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE
This document contains the general conditions of sale of Bubu Toys hereinafter Bubu Toys, through https://bubutoys.eu/ (hereinafter Website) with the following data: – URL: https://bubutoys.eu/ – Address: Torrent de l’Olla 110 08012 Barcelona (BARCELONA) – CIF or NIF: 26903844P – Telephone: 628379700 – Email: [email protected] Registered in Register… This document establishes the terms and conditions governing the purchase through the Website owned by Bubu Toys (hereinafter, THE COMPANY), of the products and services offered therein (hereinafter, the General Conditions of Sale or GCS).
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. In the event of placing an order on behalf of a legal entity, you declare that you have sufficient capacity to represent said legal entity and to accept these GCS. Likewise, from the moment you place the order, after ticking the boxes provided on the purchase form, you accept and undertake to comply with these General Terms and Conditions of Sale. The present GCS replace any other previous conditions reflected in any other document. Consequently, please read these GCS carefully before placing an order through the Website. The purchase shall be deemed to have been made at the registered office of THE COMPANY, indicated in the previous section. THE COMPANY has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes shall have no effect on orders processed and shipped prior to the corresponding modification.
3. PERSONAL DATA
4. CORRECTION OF ERRORS IN ENTERING DATA
The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile in the My Account section at any time and provided that you have chosen to register on the Website. In the event that payment has already been made or you have chosen to make the purchase without registration and it is necessary to modify any information, please contact our Customer Service.
5. PURCHASE PROCESS
6. PRICE, METHODS OF PAYMENT AND INVOICING
a. Price: All prices are in EUROS. The prices will be those published on the Website at the time you place your order. The prices in force will be those prevailing when an order is accepted. If in the communication of prices these are reported with VAT included, the price is that of a unit with its corresponding rounding, which may cause that in an order of several units the final amount is not exactly equal to multiplying the amount by the unit price including VAT due to rounding differences. An example is illustrated for clarity. Example of rounding differences: Price 21% VAT included: 5,00€ (4,13 base + 21% VAT = 4,13 + 0,8673 = 4,9973 -> ROUNDING 5,00€) Quantity 10 Units. Taxable Base 4,13 x 10 = 41,30; VAT 41,30 x 21% = 8,673 -> Rounded 8,67 Total Invoice 41,30 + 8,67 = 49,97€ -> DISTINCT FROM 50,00 (10 x 5). All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the shipping territory, costs and taxes related to shipping and order processing are excluded, which, if applicable, will be informed and added to the final price. Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
b. Methods of Payment: THE COMPANY accepts the following methods of payment through the Website: Credit/Debit Card: You can pay using Visa, MasterCard, debit or credit cards, as well as any card that is supported by the payment platform. Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank. The website is SSL (Secure Sockets Layer) certified, a global security standard that ensures that the sending of data between the sender and receiver system is encrypted. No one at THE COMPANY can have access to your credit card details, neither during the payment nor afterwards. Bank Transfer: The payment of your order by Bank Transfer is easy and secure. If you choose this option, you must make the payment of the amount of the products within 20 days, once we receive the payment the products will be sent to you. If the transfer is not received within the indicated period, the order will be cancelled. Remember to indicate the order number in the subject of the bank transfer. The absence of this reference may cause delays. The order can only be reserved when we receive confirmation of receipt of payment from our bank. PayPal: PayPal allows any business or individual consumer with an email address to send and receive payments securely. Under the Pay with PayPal option, you will be able to access the secure PayPal website. Once there, if you already have a PayPal account, you will be able to authorise the payment. If you do not yet have a PayPal account, you can register for free, including your debit or credit card, and you will be able to make payments for your orders. The use of PayPal as an online payment method is secure.
c. Invoicing: In the event that you purchase downloadable software online we will send you the invoice via email, therefore you expressly authorise THE COMPANY to issue the invoice in electronic format, it will be sent to the email address you have indicated, when registering on our website or, during the purchase procedure and it will be sent in Spanish. However, you may inform us at any time of your wish to receive a paper invoice, in which case we will issue and send the invoice in this format. The electronic invoice will be stored on our servers for 5 years from the time it was sent to you by e-mail. In this way you will be able to request it, for example in case of loss, through our customer service. In the event that you purchase products that cannot be downloaded online, the invoice will be sent to you in paper format together with the products.
7. LEGAL WARRANTY
As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products: This compulsory guarantee implies a series of rights that you can exercise: – Repair and replacement: If the product is defective or does not conform to the one you bought, you can choose between repair or replacement, as long as one of these two options is not objectively impossible or disproportionate. Repair: It will be free of charge, as well as the cost related to it, especially shipping costs, costs related to labour and materials. It will be carried out within a reasonable time and without major inconvenience, taking into account the nature of the products and their purpose. Once the product is delivered for repair, the warranty period is suspended until we return the repaired product to you. Once we have delivered the repaired product to you, for the next 6 months we will be liable for any defects that may arise during the repair. In addition, if the repaired product is still not in conformity with the one originally purchased, you can choose: replacement (unless it is disproportionate), price reduction or termination of the contract (both explained below). When you deliver the product to us for repair, we will provide you with a receipt showing the date of delivery and the defect. When we deliver the repaired product to you, we will give you another receipt with the date of delivery and the repair carried out. Replacement You will not be able to choose replacement in the case of non-fungible products (non-replaceable because they are unique), nor in the case of second-hand products. It will be free of charge, as well as the cost related to it, especially shipping costs, costs related to labour and materials. It will be carried out within a reasonable time and without major inconvenience, taking into account the nature of the products and their purpose. From the moment you request the replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty period, but continues with the initial one. If the new product is still not in conformity with the one originally purchased, you can choose: repair (unless it is disproportionate), price reduction or termination of the contract (both explained below). When you deliver the product to us for replacement, we will provide you with a receipt showing the date of delivery and the defect. When we deliver the new product to you, we will give you another receipt with the delivery date. – Price reduction and termination of the contract: Price reduction: You may exercise this right when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. It will be proportional to the difference between the value of the non-defective or non-compliant product and the value of the defective or non-compliant product. Termination of the contract: You will not be able to exercise this right if the lack of conformity is minor. For the rest of the cases, you can exercise this right when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. For how long do I have these rights? New products: 2 years from the date that appears on the invoice or purchase receipt, or on the delivery note if it is of a later date. How do I exercise them? You should contact us via the following email [email protected] or by calling 628379700 where we will tell you how to proceed. Please note that: You must inform us of the defect or lack of conformity within 2 months of becoming aware of it, as you will be liable for any damages caused by the delay in your communication. However, you retain the rights mentioned above. It is understood that the product is not defective or is in conformity with the one purchased, provided that: It conforms to the description made by THE COMPANY and possesses the qualities that have been indicated on this Website. It is suitable for the uses for which products of the same type are normally intended. And, it presents the quality and performance usual for a product of the same type that are reasonably to be expected taking into account the nature of the product and, where appropriate, any public statements on the specific characteristics of the products that we may have made.
8. LEGAL RIGHT OF WITHDRAWAL
In accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, Royal Decree 1/2007), if you have the status of consumer, as that term is defined in the aforementioned regulation, you have the right to withdraw from the sale within 14 calendar days from receipt of the products object of the sale without having to justify your decision and without penalty of any kind. The aforementioned law mentions in its article 103 exceptions to the exercise of this right, which may affect products with the following characteristics: The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery The supply of digital content that is not provided on a material medium when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal. E.g. online download software Accordingly, if you purchase a computer program or software from our shop, you may only exercise your right of withdrawal and return the product if the product is sealed in the condition in which it was delivered. In addition, for programs/software that are available for download online, you expressly agree that the performance begins before the end of the withdrawal period, thereby forfeiting this right. For all other products not included in these exceptions, you may exercise your right of withdrawal as follows: How do I exercise my right of withdrawal? You must notify your decision to withdraw from the purchase contract by means of an unequivocal statement sent by e-mail to [email protected] or by post to Torrent de l’Olla 110 08012 Barcelona (BARCELONA), stating your contact details, the order reference, delivery date and a photocopy of your ID/ID card. THE COMPANY will contact you to coordinate the return of the items subject to withdrawal. In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the aforementioned right is sent before the corresponding period expires. In the event of withdrawal in accordance with this Clause, THE COMPANY will refund all payments received in relation to the purchase subject to withdrawal, including the delivery costs that you may have paid corresponding to the cheapest delivery option offered, no later than 14 days following the day on which THE COMPANY receives the aforementioned communication. However, the costs of returning the products shall be borne by you. THE COMPANY may make such reimbursement using the same means of payment that you would have used for the initial purchase transaction unless another means of payment is expressly agreed. Notwithstanding the foregoing, THE COMPANY may withhold reimbursement until it has received the purchased goods or until you have provided proof of return of the goods, whichever is the earliest. Goods must be returned in packaging that ensures that the goods are properly protected in transit.
9. CUSTOMER SERVICE
In any case, for any incident or complaint you can send an email to [email protected] or call 628379700. As a consumer you can request complaint forms at the registered office of THE COMPANY.
10. LIABILITY OF THE COMPANY
THE COMPANY shall not be liable for (i) losses which are not attributable to any breach by it, (ii) business losses (including loss of profits, revenue, profits, contracts, data or unnecessary expenses incurred) (iii) indirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was entered into. Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct. In addition, our liability in respect of any product purchased on our website shall be strictly limited to the purchase price of that product. Please note that this has no effect on your statutory rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return goods in accordance with clause 8.
11. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send you must be in writing. By using this Website, you agree that most of such communications with THE COMPANY will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that THE COMPANY sends to you electronically comply with the legal requirement that they be in writing. This condition shall not affect your statutory rights.
The notifications you send to THE COMPANY should preferably be sent via our e-mail address [email protected]. In accordance with the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send communications to you either by e-mail or to the postal address provided by you when placing an order. Notifications shall be deemed to have been received and properly made 24 hours after an e-mail has been sent, or 3 days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an email, that the email was sent to the email address you specified when placing the order.
13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
In the event of a purchase through this Website, these T&Cs are binding on both you and THE COMPANY, as well as their respective successors, assigns and successors in title. You may not convey, assign, encumber or otherwise transfer your contractual position or any of your rights or obligations hereunder to or for yourself without the prior written consent of THE COMPANY.
14. ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution in Consumer Matters amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which they can access from the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN Through this link, users of the Website that can access the European Online Dispute Resolution Platform. In the event that you have had a problem with a purchase or the provision of an online service, you may use this means to submit any complaint in relation to this purchase or provision of services, as well as to opt for an out-of-court settlement of the dispute that has arisen. A direct access has been established in the footer of the website to allow easy access by consumers to this platform.
15. PARTIAL VOIDANCE
If any of these T&Cs are declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity, and the null or unenforceable clause shall be replaced by another that can be assimilated to the previous one in the most appropriate way possible.
16. FORCE MAJEURE
Neither you nor THE COMPANY shall be liable for any breach of these T&Cs as a result of force majeure beyond your control. Force majeure shall mean any act, event, failure to exercise, omission or accident beyond reasonable control, and in particular and without limitation, the following: strikes, lockouts or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, inability to use trains, ships, aircraft, motor transport or other means of transport, among others. Obligations shall be deemed to be suspended for the period during which the force majeure continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the force majeure.
17. APPLICABLE LAW AND JURISDICTION
The contract for the purchase of products through this Website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Website or this contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, with the corresponding court or tribunal having jurisdiction in accordance with current legislation. Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause shall affect your rights as a consumer under current legislation.