- PARTIES IDENTITY:
The parties to the contract are the CUSTOMER, as an individual of legal age or legal entity, interested in the products and/or services offered on the website befriki.eu (hereinafter, the “Web”) and Beguerrilla SL. with registered office at Avd. Rambla 51. 1ºC, San Juan (Alicante) -Number of N.I.F.B5497131387, registered in the Mercantile Register of the province of Alicante Volume: 3711, Folio: 181, Section: 8, Page: 136275, Entry: 1ª. (Hereinafter referred to as “COLLECTORS”).
Without prejudice to the aforementioned registered address, COLLECTORS has the following postal address: Avenida Rambla, nº 51, 1º C, C.P. 03550, San Juan de Alicante (Alicante).
Contact telephone number: +34 965 658 249
Contact e-mail: firstname.lastname@example.org.
The purpose of these conditions of contract is to regulate electronic contracting, and therefore distance contracting, of the products offered on the Web, and whose acceptance, by ticking the appropriate checkbox (checkbox), or any other equivalent functionality, leads to the CUSTOMER:
- Have read carefully and understand the following.
Who is a person of legal age, with sufficient capacity to acquire the obligations arising from their actions through the Web.
IF YOU ARE A MINOR AND ARE READING THIS, YOU SHOULD LEAVE THE WEBSITE OR INFORM AND CONSULT PARENTS OR LEGAL GUARDIANS, AS THEY WILL BE THE ONES WHO, IF NECESSARY, SHOULD CONTRACT THE PRODUCTS/SERVICES OFFERED ON THE WEBSITE.
- Accepting the contents of the present conditions.
We inform you that certain services may be subject to certain specific conditions, which, depending on the case, will replace, complete and/or modify these Conditions. In the event of any contradiction, the terms of the special conditions shall prevail over these General Terms and Conditions.
These conditions are valid for an indefinite period of time.
The contractual relationship of purchase and sale involves the delivery of a specific product in exchange for a certain price and publicly displayed through the website.
3.- BASIC CHARACTERISTICS OF THE PRODUCTS:
The characteristics of the products will be those detailed in each of the product sheets published on the Web.
4.- CONTRACTING PROCEDURE:
4.1. Language: Currently, the contracting procedure can only be carried out in Spanish. If it can be carried out in another language, it will be indicated before starting the recruitment procedure.
4.2. Copy of the conditions related to the purchase – COLLECTORS will not keep a copy of these conditions linked to each purchase, so we recommend that the CUSTOMER keep a copy of them in each purchase. However, with the confirmation of the order, COLLECTORS will send the CUSTOMER a copy of these conditions.
4.3. Technical means – The website does not have technical means to identify and correct errors in the introduction of data by the CUSTOMER, unless it detects if any field that is necessary to process the order is pending to be filled.
4.4. Product catalogue – The CUSTOMER can access the catalogue of products offered on the website, through its different sections or through the home page.
If the CUSTOMER is interested in any product, he can click on it, accessing the description of the product and its characteristics.
4.5. Registration in the customer account – The website provides the user with the possibility of registering for a customer account (called “MY ACCOUNT”), which is used to avoid having to enter all the data each time an order is placed.
To create a customer account, the user must click on the configuration icon in the start menu, and then on the “ENTER/REGISTER” or “MY ACCOUNT” icon in the drop-down menu, thus accessing the form in which the following data must be entered: Name, surname, e-mail address, telephone number and a password that must be repeated on the form, in order to avoid typographical errors. The system can detect if a typing error has occurred when entering the password and confirming it.
COLLECTORS will send a welcome email to the address provided by the CUSTOMER, reminding them of their username and password, as well as the functions they can perform when they access their account, such as placing orders faster, checking the status of orders, checking the history of orders, making changes to their account information and changing their password. You can also request from COLLECTORS the tax identification number/code for the issuance of the corresponding invoice.
It is convenient to include, the first time you login, a shipping address for the products, which can be changed or replaced by another one at any time later. In any case, when you make your first purchase, the system will necessarily ask for your shipping address details.
Both the user name and the password are confidential and may not be passed on to third parties. The CUSTOMER must use them with due diligence, keeping them in a safe manner, so that it is not possible for anyone other than the CUSTOMER to use them.
The CUSTOMER undertakes to notify COLLECTORS immediately of the loss of his/her username and/or password, regardless of the cause thereof, or of any danger or breach of confidentiality, otherwise responding to any damage or harm caused by accesses verified through the same.
4.6. Subscription to the newsletter – The CUSTOMER will have the option to subscribe to the newsletter and news COLLECTORS, to receive news and advertising related to products COLLECTORS, by checking the box or checkbox established for this purpose.
4.7. Purchase of the product – To purchase any of the products offered on the Web, the CUSTOMER must click on the button “ADD TO CART”, and repeat the operation, if you wish to make any other order, by pressing the button “CONTINUE BUYING”.
Finally, you must press the “CONFIRM ORDER” button.
If the CUSTOMER detects any error in the data he has entered in the form, he may and must correct it through the control panel of the customer account, or by email email@example.com
COLLECTORS reserves the right to verify the personal data supplied by the customer and to adopt the measures it deems appropriate to ensure compliance with these conditions. The CUSTOMER is solely responsible for the truthfulness, accuracy and correctness of the data provided.
The receipt of the order will be confirmed by means of a confirmation page and by sending an e-mail to the CUSTOMER at the address indicated by the CUSTOMER, which will provide an order identifier number, as well as details of the order placed, the amount of the purchase, the cost of shipping costs, shipping address provided by the CUSTOMER, as well as the method of payment selected, and a file in PDF format with the conditions of contract.
4.8. Methods of payment:
The CUSTOMER may choose any of the following payment methods:
Payment by credit/debit card: The CUSTOMER’s card is charged in real time through the virtual POS, once it has been verified that the data communicated by the CUSTOMER is correct. COLLECTORS will not store any of your credit card information. At the time of processing your order, your card details will be transmitted encrypted and in an absolutely secure manner, for the sole purpose of making the payment corresponding to your order, to the financial institution.
Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we cannot consider the purchase contract formalized.
If the CUSTOMER chooses this form of payment, he is guaranteeing that he has full authorization to use the credit or debit card in question in the purchase process.
Payment through the PayPal gateway:
To this end, the CUSTOMER must have a PayPal user account, otherwise, it will not be able to satisfy the consideration for the order placed and therefore impossible to purchase. For more information you can visit the PayPal website: https://www.paypal.com/es/home
Payment through the APLAZAME service:
The CUSTOMER who wishes to make a deferred payment for orders placed through the Web, may apply for financing through the platform https://aplazame.com/ according to the terms, deadlines, requirements and conditions that APLAZAME, S.L. (hereinafter, APLAZAME), owner of the aforementioned platform, establishes the financing at the time of contracting with it. The CUSTOMER is advised that APLAZAME is a deferment of purchase service outside COLLECTORS, for which COLLECTORS pay a commission to provide another form of payment to users of the Web. This commission will not be passed on or charged to the customer under any circumstances, and will be assumed in full by COLLECTORS. In all cases, it is APLAZAME that decides whether or not to grant a certain financing, based on the risk analysis carried out by the corresponding APLAZAME department.
The CUSTOMER may, within the options allowed by the platform of APLAZAME, decide the time and the amount that best suits their circumstances. The CUSTOMER must enter their basic data (mobile phone and DNI/NIE) and from APLAZAME, if applicable, they will confirm to the CUSTOMER whether or not the financing is granted.
The CUSTOMER must enter the code that APLAZAME will send to his mobile phone and must complete the information requested (Full name and date of birth), as well as the inclusion of data relating to the credit or debit card on which the different charges will be made (card number, month and year of expiry and the 3-digit code CVC).
The financing conditions of APLAZAME are those set out in the Deferred Payment Service Contract that APLAZAME makes available to the user prior to contracting the Deferred Payment Service through the link provided for this purpose at the time of acceptance of the conditions of contract.
APLAZAME will inform the CUSTOMER of the total price of the products and/or services acquired by the CUSTOMER, including taxes and commercial discounts applied by COLLECTORS, the number of months of deferment, or the single payment day chosen, the interest rate applied, the total interest to be paid, the discounts applied by APLAZAME for linking social network accounts, the final price to be paid for the purchase made, which is the sum of the total price of the cart that the CUSTOMER has contracted from COLLECTORS plus the interest charged by APLAZAME.
If the CUSTOMER chooses to defer payment of the products purchased, he expressly accepts that his data will be communicated to APLAZAME from the moment that he has begun to contract the deferred payment service offered by the latter at the time of choosing the method of payment. This acceptance is extended to third parties who have to access the files for the successful completion of the contract. For more information you can visit the following link on the APLAZAME website:
5.- AVAILABILITY AND DELIVERY OF ORDERS:
The articles offered through the website are only available for shipment to the Spanish mainland, Balearic Islands and Portugal.
In addition, under no circumstances will orders be delivered to PO Boxes.
The delivery of orders will be made to the postal delivery address freely designated by the CUSTOMER. In such a way that COLLECTORS does not assume any responsibility if the delivery of the product does not take place due to the fact that the data provided by the CUSTOMER are false, inaccurate or incomplete, or when the delivery cannot be made due to causes beyond the control of the transport company, assigned for this purpose, such as the absence of the recipient.
In case of absence of the recipient at the time of delivery, the carrier will leave notice indicating how to proceed to establish a new delivery. If it is not possible to leave this notice, the transport company will contact the CUSTOMER by telephone. If these steps are unsuccessful, COLLECTORS will send an email to the address provided by the CUSTOMER with instructions to resolve the incident.
Shipments are made through the courier companies contracted for this purpose by COLLECTORS or by their collaborators, provided that the choice of one or the other does not imply any damage to the CUSTOMER.
6.- SHIPPING RATES:
The rate applicable to each shipment will be that published in each product sheet.
7.- DELIVERY PERIODS: Delivery times for each product may depend on multiple factors such as origin, available stock, holiday calendar, saturation of shipments on certain dates (such as Christmas).
However, the estimated delivery times are detailed below:
Delivery times in Spain and the Balearic Islands: Without prejudice to the foregoing, deliveries to Spain and Portugal will be made within a period of approximately 24 to 72 hours from Monday to Friday (no delivery service on weekends).
Orders placed on Fridays after 16:00 hours, or on Saturdays or Sundays, will be deemed to have been placed on the following Monday, for the purposes of the delivery period.
Delivery times in Portugal: The minimum delivery time for orders placed from Portugal will be 4 to 7 days from the date of placing the order, excluding Saturdays, Sundays and holidays. The same applies to this type of shipment, as stated above in relation to the fact that there is no delivery service on weekends.
The prices of the products will be those published on the website befriki.eu, which will include VAT. that is applicable at any time and must be fully satisfied by the CUSTOMER at the time of placing the order, unless the CUSTOMER opts for deferred payment through the platform of APLAZAME, in which case the CUSTOMER must comply with the commitments made to APLAZAME.
The prices of the products may be modified upwards or downwards, depending on multiple causes, however any modification of the prices will take effect from the date of modification of the same, not affecting orders placed with the price prior to the modification.
COLLECTORS will deliver to the CUSTOMER products that are in conformity with the contract, that is, that conform to the description made, to the specifications made by the CUSTOMER and possess the qualities of the product that have been presented and will be liable to him for any lack of conformity that exists at the time of delivery of the product.
In accordance with the provisions of article 123 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, COLLECTORS shall be liable for any lack of conformity of the products that are manifested within two years of delivery.
10.- CLAIM PROCEDURE:
In the event of lack of conformity, in the event of error, defect or deterioration attributable to COLLECTORS, the CUSTOMER must inform COLLECTORS using the contact form provided on the Website or the e-mail address firstname.lastname@example.org, within two months of becoming aware of it, indicating its data, the reference number of the purchase and the anomaly or defect detected.
Failure to comply with this deadline does not imply the loss of the guarantee, but the CUSTOMER will be liable for damages caused by the delay in communication.
European online dispute resolution platform:
The CUSTOMER, resident in the European Union, is informed that he or she is a consumer or user and can also access the ODR (Online Dispute Resolution) platform through the following link:
This platform allows consumers and traders to submit complaints using an electronic form available in all the languages of the European Union for all matters relating to electronic commerce or the provision of services on the Internet, in accordance with Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution in consumer matters.
For any queries regarding this online dispute resolution platform, the CLIENT may contact the EUROPEAN CONSUMER CENTRE IN SPAIN (http://www.cec.consumo-inc.es/), located in Madrid (Spain), C/ Príncipe de Vergara, nº 54 C.P. 28.006. Telephone: +34 91 822 45 55. Fax: +34 91822224562. Email: email@example.com
11.- RIGHT OF WITHDRAWAL:
The CUSTOMER has the right to cancel any order made within 14 calendar days from the date of delivery of the product contracted, without any justification.
To exercise the right of withdrawal, the CUSTOMER must notify his decision to withdraw from the contract through an unambiguous statement (for example, a communication sent by post or e-mail). You may use the model withdrawal form below, but it is not compulsory to use it:
Model withdrawal form according to the annex of the Consumer and User Law of 2007 (the CUSTOMER can copy and paste the following form in an email and fill in his data if he wishes to withdraw from the contract)/em>
To the attention of Beguerrilla SL, with address for this purpose in San Juan de Alicante (Alicante) Avda. La Rambla, 51, 1º C, C.P. 03550- Contact e-mail: firstname.lastname@example.org:
I/we hereby inform you that I/we hereby withdraw from the contract of sale of the following product _______________
Name and surname of USER(S): ________________________________________
USER(S) Address: ________________________________________________________________
Date of communication of withdrawal: ___/___/20__
In order to comply with the withdrawal period, it is sufficient that the CUSTOMER notifies us of the exercise of this right before the expiration of the corresponding period.
11.1. Consequences of withdrawal:
In the event of withdrawal by the CLIENT, COLLECTORS, once they have received the notice of withdrawal, will provide the CLIENT with precise instructions for the return of the order on which they exercise their right of withdrawal, with express indication of the postal address at which they must make it.
The CUSTOMER must assume the direct cost of returning the goods in case of withdrawal , which will be equivalent to the shipping costs.
All payments received from the CUSTOMER, including delivery charges, will be refunded to the CUSTOMER without undue delay and, in any case, at the latest within 14 calendar days from the date on which the CUSTOMER informs COLLECTORS of the decision to withdraw, and COLLECTORS may withhold such refund until they have received the goods, or until the CUSTOMER has provided proof of the return of the goods, depending on which condition is met first and in both cases at the address indicated by COLLECTORS for this purpose. This refund will be made using the same means of payment used by the CUSTOMER for the initial transaction.
The CUSTOMER must return or deliver the goods directly to the address indicated by COLLECTORS, without any undue delay and, in any case, at the latest within 14 calendar days from the date on which the CUSTOMER notifies the decision to withdraw from the contract. The time limit shall be deemed to have expired if the goods are returned before the time limit has expired.
In accordance with the provisions of Article 74 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, which deals with the consequences of the exercise of the right of withdrawal, and with the obligation to return the services to each other once the right of withdrawal has been exercised, the CUSTOMER must return the products on which he withdraws with their original packaging and with all the accessories and instruction books he received.
The CUSTOMER will only be responsible for the decrease in value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.
11.2. Withdrawal of a contract linked to consumer and user financing.
When the CUSTOMER exercises the right of withdrawal, and the price to be paid by the CUSTOMER has been totally or partially financed by the platform of APLAZAME, the exercise of the right of withdrawal will imply at the same time the resolution of the credit without any penalty for the CUSTOMER.
The CLIENT who exercises his right of withdrawal on a product purchased from COLLECTORS and financed by APLAZAME, will only have to communicate to COLLECTORS his desire to withdraw as provided in these conditions, without further processing, being COLLECTORS the one who handles the management with APLAZAME of the return of the amounts that have been paid.
12.- LEGISLATION AND JURISDICTION.
These general conditions are governed by Spanish law.
Any litigious matter concerning the products contracted through the Web will be resolved through the Courts and Tribunals that are territorially competent in accordance with the legislation.