1. INTRODUCTION
This document (jointly with all the documents mentioned therein) establishes the conditions governing the use of this website (www.bdebarcelona.cat) and the purchase of products in it (hereinafter referred to as the conditions). Please read carefully these Terms, our Cookie Policy and our Privacy Policy (together, the Data Protection Policies) before using this website. By using this website or placing an order through it you consent to be bound by these Terms and our Data Protection Policies, so if you are not in accordance with all the Terms and Data Protection Policies, you should not use this website.
These conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of the conclusion of each Agreement (as it is defined below) or in the absence of the Agreement, at the time of use of the website will be the ones applicable to you.
If you have any questions related to the Conditions or Data Protection Policies you can contact us through our contact form.
The Contract (as defined below) may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of items through this website is made under the name Bde Barcelona, s.l. domiciled in Avinguda Gaudí, 28 tda.1, 08025 Barcelona (Barcelona).
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The personal information or data you provide about you will be processed in accordance with the Data Protection Policies. By making use of this website you consent to the processing of such information and data and declare that all the information or data you provide to us are truthful and correspond to reality.
4. USE OF OUR WEBSITE
By making use of this website and placing orders through it you commit to:
-Use this website only to make legally valid queries or orders.
– Don’t place any false or fraudulent requests. If such a request could reasonably be considered to have been made, we will be authorized to cancel it and inform the relevant authorities. 3. Provide your email address, postal address and/or other contact details truthfully and accurately. Also, you consent that we may make use of this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to place your order.
By placing an order through this website, you declare you to be over 18 and have the legal capacity to conclude contracts.
5. DISPONIBILITY OF SERVICE
The items offered through this website are only available for shipment to Spanish territory.
6. HOWTH THE CONTRACTION
The information contained in these Terms and the details contained on this website do not constitute a sale offer, but an invitation to hire. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a position has already been placed on your account, the amount of the offer will be refunded in its entirety.
To place an order, you must follow the online purchase procedure and click “Authorize Payment.” After this, you will receive an email accusing receipt of your order (the Order Confirmation.). Please note that this does not mean that your order has been accepted, as it is an offer that you make to us to buy one or more products. All orders are subject to our acceptance, from which you will be informed through an email confirming that the product is being sent (the Shipping Confirmation Confirmation). The contract for the purchase of a product between you and us (the Contract) will be formalized only when we send you the Shipping Confirmation.
Only those related products in the Shipping Confirmation shall be the subject of the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of the same in a Shipping Confirmation.
7. PRODUCT OF PRODUCTS
All product orders are subject to availability of products. In this sense, if there are difficulties in supplying products or if there are no items left in stock, we reserve the right to provide you with information about substitute products of quality and value equal to or greater than you can order. If you do not wish to place an order for those substitute products, we will refund you any amount you may have paid.
8. DELIVERY
Without prejudice to the provisions of clause 7 above with respect to the availability of the products and unless extraordinary circumstances occur, we shall attempt to send the order consisting of the related products/s in each Shipping Confirmation before the delivery date contained in the Shipping Confirmation in question or, if no delivery date is specified, within the estimated time limit indicated when selecting the method of shipment and, in any case, within a maximum of 30 days from the date of the Order Confirmation.
However, delays could occur for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery area.
If for any reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Terms, the delivery or that the order has been delivered at the time when you or a third party indicated by you acquires the material possession of the products, which will be credited by the signing of the receipt of the order at the agreed delivery address.
9. IMPOSIBILITY OF DELIVERY
If it is impossible for us to place your order, we will try to find a safe place to leave it. If we can’t find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to do to be sent back to you. If you are not going to be at the delivery site at the agreed time, please contact us to agree to the delivery on another day.
If after 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to desist from the Contract and consider it resolved. As a result of the resolution of the Agreement, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your election of a delivery modality other than the less expensive standard delivery modality we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the Contract to be resolved.
Please note that the transport resulting from the resolution of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
10. TRANSMISSION OF THE RIESGO AND THE PROPERTY
The risks of the products will be in charge from the time of delivery.
You will acquire the property of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if it takes place at a later time.
11. PRICE AND PAGO
The price of the products will be the one that is stipulated at every moment on our website, except in case of manifest error. Although we are trying to make sure that all the prices on the page are correct, errors can occur. If we discover an error in the price of one of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we do not get in touch with you, the order will be deemed cancelled and you will be refunded in full the amounts that have been paid.
We will not be obliged to supply any products at the wrong lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.
The prices of the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Purchase Guide .
Prices may change at any time, but (except as previously established) possible changes will not affect orders with respect to those we have already sent you a Order Confirmation.
Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow in the footsteps of the purchase process, filling in or checking the information requested at each step. Also, during the purchase process, before making the payment, you can modify the details of your order. It has a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user, you have a detail of all orders placed in the My Account section.
You can use Visa, Mastercard and PayPal cards as a means of payment.
To minimize the risk of unauthorized access, your credit card data will be encoded. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be done when your order leaves our warehouses. If your payment means is Paypal, the charge will be made at the time we confirm the order.
By clicking AGASize Payment You are confirming that the credit card is yours.
Credit cards shall be subject to checks and authorisations by the issuing entity, but if that entity does not authorize payment, we will not be held responsible for any delay or non-delivery and we will not be able to formalize any Agreement with you.
12. IMPORT ON THE VALUE
In accordance with article 68 of Law 37/1992 of 28 December 1992 on the Value Added Tax, the delivery of the articles shall be deemed to be located in the territory of the application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be legally applicable at each time depending on the particular article concerned.
In orders for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT for the application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
13. DEVOLUTIONS POLICY
13.1 Legal right to withdraw from purchase
Right of withdrawal
If you are hiring as a consumer and user, you have the right to desist from this Agreement within 14 calendar days without the need for justification.
The withdrawal period shall expire at 14 calendar days of the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, 14 calendar days on the day you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
In order to exercise the right of withdrawal, you must notify us to Bde Barcelona, s.l., to the address “B of Barcelona,” Avinguda Gaudí 28, 08025, Barcelona, Spain, writing to us to the e-mail hola.bdebarcelona.cat or our contact form, its decision to desist from the Contract through an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal period, it is sufficient that the communication relating to the exercise by its part of this right is sent before the expiry of the corresponding period.
Consequences of the withdrawal:
In case of withdrawal on your part, we will return all payments received from you, including delivery costs (with the exception of additional costs resulting from your election of a different form of delivery to the less expensive method of ordinary delivery we offer) without any undue delay and, in any case, no natural days from the date on which you are informed of your decision to desist from this Agreement. We shall proceed to make such reimbursement using the same means of payment used by you for the initial transaction. It will not incur any expenses as a result of the reimbursement. Notwithstanding the above, we may withhold the refund until you have received the goods, or until you have submitted proof of the return of the property, depending on which condition is first met.
You must deliver us directly or send the products to Barcelona, Avinguda Gaudí, 28 all 1, 08025, Barcelona, Spain, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the Contract. The deadline shall be deemed to have the repayment of the goods before the end of that period.
Unless you return the goods in store B in Barcelona, you must assume the direct cost of returning the goods.
You will only be responsible for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
13.2 Desisting contract law
In addition to the right of withdrawal legally recognised to consumers and users mentioned in clause 13.1 above, we grant you a period of 30 days from the date of delivery of the products to carry out returns of the products (except those mentioned in clause 13.3 below, for which the right of withdrawal is excluded).
If you return the products within the contractual time limit of the right of withdrawal, but after the expiry of the legal period, you will be reimbursed only the price paid for such products. You will take care of the direct return costs of the product when you do not make the return in one of the B stores in Barcelona.
You may exercise your right of withdrawal in accordance with clause 13.1 above, although if you inform us of your intention to desist from the Contract after the legal withdrawal period, you must in any case hand over the goods within 30 days from the date of delivery of the products.
13.3 Common provisions
You shall not be entitled to withdraw from the Contract intended to supply any of the following products:
Your right to withdraw from the Agreement will apply exclusively to those products that are returned under the same conditions as you received them. No refund shall be made if the product has been used beyond the mere opening of the product, of products which are not in the same conditions under which they were delivered or have suffered any damage, so you must be careful with the product/s while in possession. Please return the item using or including all your original wrappers, instructions and other documents that you may accompany you. In any event, you must deliver together with the product to return the ticket you will have received at the time of delivery of the duly completed product.
You will find a summary of the exercise of this right of withdrawal when you receive the order.
You can make the returns in any B store in Barcelona in Spain or through a messenger that we will send to your home.
Returns in store B in Barcelona.
You can return the products to us in any of our B stores in Barcelona in Spain that have the same section of the merchandise you want to return. In this case, you must go to any of these stores and deliver together with the item the document for the return (hereinafter “ticket” that you will have received at the time of delivery of the duly completed product.
This option will not entail an additional cost for you.
If you do not want to return the products through the free option available, you will be responsible for the return costs. Please note that if you decide to return the items to due products we will be authorized to charge you the costs we may incur.
After considering the article, we will inform you whether you are entitled to reimbursement of the amounts paid. Reimbursement of transport costs shall be made only when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. Reimbursement shall be made as soon as possible and, in any case, within 14 days of the date on which you informed us of your intention to desist. However, we may withhold the refund until you have received the goods, or until you have submitted proof of the return of the goods, depending on which condition it is first met. Refund will always be made in the same means of payment that you used to pay for the purchase.
You will assume the cost and risk of returning the products to us, as indicated above.
If you have any questions, you can contact us through our contact form.
13.4 Returns in the Canary Islands, Ceuta, Melilla or outside Spain
If you want to change or return a product that would have been delivered in the Canary Islands, Ceuta or Melilla, you must return at your own cost.
13.5 Denounces of Defective Products
Where you consider that at the time of delivery the product does not comply with the terms of the Contract, you should contact us immediately through our contact form providing the product details as well as the damage you suffer.
The product can be returned to any of our B stores in Barcelona in Spain or by sending it to the address indicated on the ticket you will receive with the product at the time of delivery.
We shall proceed to examine the returned product carefully and inform you by e-mail within a reasonable period of time if reimbursement or replacement thereof (if any). Reimbursement or replacement of the item shall be made as soon as possible and, in any event, within 14 days of the date on which we send you an e-mail confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned because of a tara or defect, where it actually exists, will be reimbursed in full, including the delivery costs incurred to deliver the item to you and the costs you incurred to return it to us. The refund will be made in the same means of payment as was used to pay for the purchase.
In any case, the rights recognized by the legislation in force are safeguarded.
14. RESPONSIBILITY AND EXONERATION OF RESPONONSIBILITY
Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product.
Notwithstanding the above, our responsibility is not excluded or limited in the following cases:
In the event of death or personal damage caused by our negligence;
In the event of fraudulent fraud or falsehood; or in any case in which it was illegal or unlawful that we excluded, we would limit or try to exclude or limit our responsibility.
Without prejudice to the provisions of the preceding paragraph and to the extent that it is legally permitted, and unless otherwise provided in these Terms, we shall not accept any liability for the following losses, irrespective of their origin:
-losses of revenue or sales;
-Loss of business;
– loss of work or loss of contracts;
– expected savings loss;
-loss of data; and
-losing of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly established otherwise in it.
All descriptions of products, information and materials on this website are supplied as a certain body and without express or implied warranties on them except legally established. In this sense, if you hire as a consumer and user, we are obliged to deliver to you articles that are compliant with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are compliant with the Agreement provided that (i) they conform to the description made by us and have the qualities we have presented on this website, (ii) are suitable for uses to which the products of the same type are normally intended and (iii) present the usual quality and performance of a product of the same type that are well-foundedly expected.
With the scope permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The products we sell, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in veins, texture, knots and color, shall not be considered defects or taras. On the contrary, their presence should be counted on and appreciated. We only select the products of the highest quality, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
The provisions of this clause shall not affect their rights as a consumer and user, nor their right to withdraw from the Contract.
15. INTELECTUAL PROPERTY
You acknowledge and consent that any copyright, registered trademark and other intellectual property rights on the materials or contents provided as part of the website correspond to us or to those who licensed us for use at all times. You may make use of such material only in the way we expressly authorize it or those who granted us license for use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact data.
16. VIRUS, PIRATERY AND OTHER INFORMTIC ATAS
You should not misuse this website by intentionally introducing viruses, Trojans, worms, logical pumps or any other technologically harmful or harmful or harmful program or material. You will not attempt to have unauthorized access to this website, the server on which that page is hosted or any server, computer or database related to our website. You undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offences defined by the applicable legislation. We will report any breach of these rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website.
We shall not be liable for any damage or loss resulting from a denial of service attack, viruses or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the download of content from the website or those that it redirects.
17. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, these links are provided only for informational purposes, without us having any control over the content of such websites or materials. Therefore, we do not accept any liability for any damage or loss arising from its use.
18. COMMUNICATIONS FOR WRITING
The applicable rules require that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or we will provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that any contract, notification, information and other communications we send you electronically meet the legal requirements of being in writing. This condition shall not affect their rights recognized by law.
19. NOTIFICATIONS
Notifications you send to us should preferably be sent through our contact form. In accordance with clause 18 above and unless otherwise stipulated, we may send you either email or to the postal address provided by you when placing an order.
Notifications are understood to have been received and have been correctly made at the same time as they are hanged on our website, 24 hours after an email has been sent, or three days after the date of postage 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 had the correct address, it was properly sealed and that it was duly delivered in mail or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
20. CESION OF RIGHTS AND OBLIGATIONS
The Contract is binding on you and us as well as for our respective successors, assignees and successors.
You may not transmit, assign, tax or otherwise transfer a contract or any of the rights or obligations arising therefrom, without having obtained our prior written consent.
We may transmit, cede, tax, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during the duration of the Agreement. To avoid any doubt, such transmissions, assignments, charges or other transfers will not affect the rights that, if any, you, as a consumer, have recognized by law or will nullify, reduce or otherwise limit the guarantees, both express and tacit, that we could have granted you.
21. OUR CONTROL FUEA CONTMENTS
We will not be liable for any non-compliance or delay in the fulfilment of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control (Case of Force Maj.)
The Majesties of Force shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, inter alia, the following:
Strikes, bosses’ closures or other vindication measures.
Civil shock, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
Incendies, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failures or accidents of maritime or river transport, postcard or any other type of transport.
Our contract obligations shall be understood to be suspended during the period in which the Force Majeure Cause continues, and we will have an extension within the time to meet those obligations for a period of time equal to the duration of the Majeure Cause of Force. We will put all reasonable means of completing the Cause of Force Majeure or to find a solution that will enable us to fulfil our obligations under the Contract despite the Cause of Force Majesty.
22. RENUNCIA
The lack of a requirement on our part of the strict compliance on your part with any of your obligations under a contract or of these Terms or the non-exercise by us of the rights or actions that may correspond to us under that Agreement or the Terms, will not be waived or limited in relation to such rights or actions or exempt you from fulfilling such obligations.
No renunciation on our part of a specific right or action shall entail a waiver of other rights or actions derived from the Contract or the Terms.
No renunciation on our part of any of these Terms or of the rights or shares derived from the Contract shall take effect, unless expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the previous Notifications section.
23. NULITY PARCIAL
If any of these Terms or any provision of a Contract were declared null and void by final decision issued by the competent authority, the remaining terms and conditions shall remain in force, without being affected by that declaration of invalidity.
24. COMPLETE AGREEMENT
These Terms and any document to which express reference is made in them constitute the full agreement between you and us in relation to the object of these conditions and replace any other pact, agreement or previous promise agreed between you and us orally or in writing.
You and we acknowledge that you have consented to the conclusion of the Agreement without having relied on any statement or promise made by the other party or that it could infer from any statement or written in the negotiations initiated by the two prior to that Agreement, except for that expressly mentioned in these Terms.
Neither you nor we shall have action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such a declaration has been made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with the provisions of these Terms.
25. OUR RIGHT TO MODIFICATE TERMS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make retroactive changes to such Privacy Policies, Conditions or Statement, in which case, possible changes will also affect the orders you have previously made.
26. APPLICABLE LEGISLATION AND JURISDICCITION
The use of our website and the purchase contracts of products through this website will be governed by Spanish law.
Any dispute arising or relates to the use of the website or to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are hiring as a consumer, nothing in this clause will affect the rights that the current legislation recognizes as such.
27. COMMENT AND TIP
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.
