General Contract Conditions
General Contract Conditions
The following text has been originally written in Spanish, which is the binding version. In order to read the original version, contact us through our email address: firstname.lastname@example.org.
The thebodysuitofbarcelona.com website is owned by Núria Galí Revel (hereinafter, TBS) with address at C/Art 1, 08197 Sant Cugat del Vallès with NIF ES53865077C. The email of our Customer Service is
email@example.com, where you can go at any time and we will be at your disposal to assist you as soon as possible.
PURPOSE AND SCOPE OF APPLICATION
The General Conditions of Contract described below define the rights and obligations within the framework of its website and in commercial transactions between TBS and its users. Simply browsing this website, as well as using the e-commerce services offered, implies acceptance of each of the established conditions at all times.
INFORMATION PROVIDED ON OUR WEBSITE
At TBS we do everything we can to ensure that the products for sale in the online store are accurately and precisely described. Even so, the visual (images) or written information and data included in each product have a merely informative and indicative function, therefore TBS is not responsible in any case for the appearance of errors in said information. We reserve the right to modify the General Conditions of Contract. Any new version of the latter will be previously indicated. In the event that any of the terms of the General Conditions of Contract is declared illegal or not opposable by a judicial decision, the other provisions will remain in force.
REFERENCE TO THIRD-PARTY PAGES
TBS has no control over the content of said sites, and in any case, is not responsible for the veracity of said information and the use made of it. TBS will not exercise any control over said sites and contents. Likewise, it will not be responsible for the damages caused by the use of said links or the information in them, even when expressly informed about the possibility of damages. Links to third party sites do not imply your subscription to TBS's content. These links are only provided to inform the User about the existence of other sources of information or of commercial interest. If you find it necessary to remove any links to your site, please contact us by sending an email to firstname.lastname@example.org.
SECURITY MEASURES AND PROTECTION OF PERSONAL DATA
The website is protected with security systems and complies with all the legal measures established for the security of the systems and the data stored therein.
CONDITIONS AND PROCESS OF PLACING ORDERS
Customers can place their orders through the website. They must guarantee that they are the only ones responsible for having the necessary legal capacity to sign contracts related to the type of goods proposed on this website. Only fully trained people will be able to place orders on the web.
At the moment in which the client clicks on the "ADD TO CART" button and then on "CHECK OUT" when placing an order, they are fully and unreservedly accepting the entire content of these General Conditions of Contract and the user can print a copy of these.
In the event that the client, when placing an order, wishes to make any changes to it, TBS does not guarantee that a change or cancellation can be made. Once the order is placed, it is immediately processed in the system to ensure the fastest delivery. The client must contact us as soon as possible at email@example.com immediately in case the order needs to be modified so that the status of the order can be checked and modified if possible.
Once the shipment has been made, no changes or cancellations can be made until it is received by the customer. In case you do not receive the confirmation immediately after making the purchase, we recommend checking the spam box of your email and/or waiting 2 hours. If after 2 hours you have not received any notification from TBS, please contact us at firstname.lastname@example.org.
Generally, the process of handling and shipping the packages is carried out within 24/48 hours from the receipt of the purchase order. As soon as the package leaves our facilities, we contact our client by email informing them that their order is in transit. Orders received on Friday will be shipped the following Monday.
In the event that the order contains more than one product and one of them is out of stock or in preorder, it will not be shipped until the missing item is available again.
The data filed by TBS constitutes proof of all transactions made with customers. The contractual information is presented in Spanish.
AVAILABILITY OF PRODUCTS
In the event that the selected product is not available when the order has already been placed and before the end of the shipping process, the customer will be informed of this circumstance by e-mail of the partial shipment or the cancellation of your order.
If the account has already been charged at the time of giving the information regarding the unavailability of the product, a refund procedure will be carried out for the entire amount of the order or the part that corresponds to the product in question, together with the corresponding shipping costs, in the bank account indicated by him for this purpose and of the process of which the client will be informed by email.
In no case will any right be generated in favor of the client (compensation, discounts, etc.) for this reason.
In the event that there are no sizes in stock for a certain model and/or size, you can fill out the form with your email to contact you as soon as there is availability.
The prices of the products offered on the EU website are indicated with all taxes included. The established prices do not include participation in shipping costs. The participation in the preparation and shipping costs is also understood with all taxes included. TBS reserves the right to modify the prices at any time, however, the products will be billed based on the rates in force at the time the orders are registered.
The products will remain the property of TBS until full payment of the price takes place. TBS reserves the right to reject any order for reasons subject to law.
Payment for purchases is made by payment card or PayPal, which are linked to your user account. Without a user account, you can make the payment through Express checkout (Stripe or PayPal).
The download and printing of the purchase invoice will be facilitated as proof of payment for the product and it will be the sole responsibility of the customer to save and print proof if they wish to keep the bank details and those related to their transaction.
The possibility of using a gift card or discount code is foreseen.
PRODUCT DELIVERY CONDITIONS
TBS ships internationally through UPS. Shipping is free for orders over 150 or 220 euros, depending on the country.
The shipping rates for orders less than 150/220 euros are:
Spain: Free Shipping.
EU €10-15 / Express €20
USA, Canada, Japan, Hong Kong, Australia, Switzerland and Norway €29
Rest of the world €30-45
*At the moment, we don't ship to Puerto Rico.
*Our shipping service has been temporarily interrupted to Ukraine and Russia.
As of 1/1/2021 due to BREXIT, the UK may be required to pay customs charges for orders over £135. You can find out more about this here: https://www.gov.uk/goods-sent from-abroad
The client is responsible for the veracity of the data of the address provided. In the event that there is an error in the address -in whole or in part- and a second shipment is required, it will be responsible for the shipping costs that a second delivery may cause.
Once your order has been processed and you have received your tracking number, your package should be delivered within 48h-72h for EU countries and 3-5 business days for the rest of the world. **Transit time may be longer due to the COVID-19 situation**
For more information, check the UPS website to learn more about the current limitations on deliveries due to the COVID-19 pandemic.
We work with UPS, one of the best courier companies in the world. During the delivery process, if the customer is not at home at the time of the delivery attempt, UPS should notify the customer by email and leave a note in the mailbox indicating where UPS Access Point has left their package.
WITHDRAWAL AND RETURN
In relation to the products, the customer may return them within 14 days from the date of receipt, as long as they have not been used. In the case of panties and socks, TBS does not foresee the possibility of returning them. TBS will not be responsible in any case for the expenses derived from the shipment and others. Before any return, the customer must indicate his intention to return a product, making use of the Customer Service, in this way he will obtain his order of return and the address where you must return the product.
This right of withdrawal can never be exercised if the products have been used. The products must be returned properly protected, in their original packaging, in perfect condition for resale (without damage, breakage or dirt). Nor can packages be accepted that do not include any element that allows the sender to be identified (order number, surnames, name, address). Once the package has been received and it has been verified that the returned products are in perfect condition, the reimbursement procedure will be carried out for the amounts corresponding to the returned products, deducing the shipping.
WAIVER AND NULLITY
No waiver by TBS of a specific legal right or action or the lack of requirement by TBS of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User of the fulfillment of its obligations. No waiver by TBS of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing. If any of the present Conditions are declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
RESPONSIBILITIES AND APPLICABLE LEGISLATION
The contents of the thebodysuitofbarcelona.com page are for informational purposes only, so TBS cannot be held responsible for any damage or improper use of the products sold.
TBS's responsibility will be limited, in any case, to the amount of the order and will not be compromised by simple errors or omissions that may have occurred, when all the necessary precautions have been taken in the presentation of the products. TBS cannot be held responsible for indirect damages, operating losses or lost profits caused by any means.
Subject to the provisions of the preceding paragraphs, TBS's liability under these general conditions may not exceed an amount equal to the sums paid or payable after the transaction that is at the origin of said liability, whatever it may be the cause or manner of the action in question.
TBS cannot be held responsible for the breach of the signed contract in the event of depletion of stock or unavailability of the product, force majeure, interruption of activity or total or partial strike, especially of postal services and means of transport. or communications, flood or fire. Similarly, TBS also limits its liability in the following cases:
▪ TBS applies all measures related to providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. or others of this kind.
▪ TBS will act with the utmost diligence in order to make the product object of the purchase order available to the company in charge of transporting it. However, it is not responsible for damages resulting from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.
▪ Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. TBS puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure.
▪ TBS will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, TBS will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
▪ In general, TBS will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and this may include, by way of example, but not exhaustive:
▪ Strikes, lockouts or other protest measures.
▪ Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
▪ Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
▪ Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
▪ Impossibility of using public or private telecommunications systems.
▪ Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and TBS will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. TBS will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
In case of litigation, the client must first contact TBS to reach an amicable resolution. Failing that, the courts of the customer's place of residence will have sole jurisdiction, regardless of the places of delivery and the methods of payment accepted.
These General Conditions of Contract are established in the Spanish language and will be executed and interpreted in accordance with Spanish legislation, legislation to which the parties expressly submit.