PURPOSE AND OVERVIEW
Through its www.boloberry.com Website, THE COMPANY provides information on its products and offers Clients the opportunity to buy them. Owing to the content and the purpose of the Website, anyone wishing to avail of its services must have the status of “Client”, which they acquire by completing the registration form and following the steps that THE COMPANY subsequently indicates to them by email. The status of Client implies adherence to the version of the Terms and Conditions of Use published at the time of accessing the Website.
However, there are pages on the Website that are accessible to natural or legal persons who are not registered or who do not initiate any product purchase (henceforward “Users”). In this regard, all Users who access these sections of the Website accept to be bound by the terms and conditions set out in these General Terms and Conditions as may be applicable to them.
THE COMPANY wishes to make its Clients and Users aware of the fact that the Website is intended exclusively for a public older than 16 years of age and that the territory in which it accepts and distributes orders is that comprising the Spanish mainland, Portugal and the Balearics (henceforward “Territory”). THE COMPANY does not ship orders to any other countries abroad, nor, at present, to the Canary Islands, Ceuta or Melilla. If any User wishes to receive an item outside the Spanish mainland, Portugal or the Balearics, they should contact THE COMPANY using the form or by sending an email to firstname.lastname@example.org. We will consider your request and notify you of the outcome.
CONTACT: If you have any doubts, queries or suggestions, you can send us your comments by email to email@example.com
The product descriptions that appear on the Website are based on information provided by suppliers to Boloberry S.L.. Nevertheless, the information given on each product, and also any photographs or videos relating to these plus brand names, trademarks or distinctive signs of any type present on THE COMPANY’S Website, appear on www.boloberry.com for general guidance only.
The prices indicated through the website do not include VAT, however in the cart the taxes will be applied in addition to the expenses corresponding to the shipment of the products, which are detailed separately and must be accepted by the Client.
THE COMPANY informs the Client that the number of units available is kept updated according to warehouse stock and availability from our suppliers. Under no circumstances will THE COMPANY intentionally offer more units for sale than it has available or that the supplier has reserved for it.
THE COMPANY will do everything possible to satisfy product demand for all its Clients. However, on occasions, and due to circumstances reasonably beyond THE COMPANY’s control, such as human error or incidents in IT systems, it is possible that the quantity ultimately issued by the supplier may differ from the order placed by THE COMPANY to satisfy Clients’ order.
In circumstances where the product is not available after the order has been placed, the Client will be notified by email of its total or partial cancellation. Partial cancellation of the order owing to the lack of product availability does not give the Client the right to cancel the entire order. If, as a result of this cancellation, the Client wishes to return the delivered product, they should do so following the procedure set out in the “Returns” section.
The Client undertakes to make payment at the moment the order is placed. The applicable shipping costs will be added to the initial price for each of the products offered on the Website. At all events, the Client will receive prior notification of these costs before completing the purchase.
The purchase receipt or proof or purchase corresponding to the purchase order will be available to be viewed on www.boloberry.com in the “My account”, “Orders” section.
The Client must pay the amount corresponding to their order by credit or debit card (Visa, MasterCard, Visa Electron and/or other similar cards), bank transfer or payment into account at a Banco Santander Central Hispano branch, or PayPal. The issuing financial body of the card used to make payment must be a Spanish bank or savings bank. Card payment is effected via Redsys with its relevant security protocols.
The Client must notify THE COMPANY of any wrongful or fraudulent charges made to the card that is used for the purchases as soon as possible by email or telephone, so that THE COMPANY can take the appropriate actions.
THE COMPANY incorporates the highest-level security measures commercially available in the sector. Additionally, the payment process operates on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection transferring algorithmically coded data at a speed of 128 bits, which is only readable for the Client’s computer and the Website. Accordingly, using the SSL protocol ensures:
- That the Client is communicating their data to THE COMPANY’s server and not to any other that may be attempting to pass itself off as such.
2. That the data is transmitted encrypted between the Client and THE COMPANY’s server, preventing any possible access or use by third parties.
VeriSign is the world’s leading SSL Certificate Authority, guaranteeing the encryption of data on Redsys.
Once the order has been finalised, that is, with the acceptance of the Terms and Conditions of Use and confirmation of the purchase process, THE COMPANY will always send an email to the Client confirming the details of the purchase made.
THE COMPANY will accept the cancellation of orders providing this is made before the order is dispatched. To request the cancellation of an order, use the “Customer service” form, or send an email to firstname.lastname@example.org
DELIVERY TIME FRAMES, LOCATION AND LOSS IN TRANSIT
- Product delivery
THE COMPANY undertakes to deliver the product in perfect condition to the address the Client indicates on the order form, and that at all events should be located within the Territory. In order to optimise the delivery, we would be grateful if the Client could indicate an address where the order can be delivered within normal working hours.
THE COMPANY accepts no responsibility for errors in the delivery when the delivery address entered by the Client on the order form is not correct or has been omitted.
THE COMPANY informs the Client that it is possible that one single order may be divided into several deliveries.
- Delivery time frames
Shipments will be delivered by a courier service. The order placed by you will be delivered within a maximum period of 15 working days following confirmation of the order by us, although THE COMPANY’s normal delivery time frame is between 3 and 6 days after order finalisation.
These delivery times are averages, and therefore an estimate. For this reason, it is possible that they may vary owing to logistical reasons or as the result of force majeure. Where delivery is delayed, THE COMPANY will notify its Clients as soon as it becomes aware of this situation.
Each delivery will be considered completed as of the moment the shipping company hands over the product to the Client, which will be recorded in the delivery check system used by the shipping company.
In the event of delays in the delivery of orders attributable to THE COMPANY, the Client may cancel the order following the procedure set out in Section “11. Returns”. Instances where the order has been made available by the shipping company to the Client within the agreed time frame but has not been able to be delivered for reasons attributable to the Client shall not be considered delays in delivery.
For the Spanish mainland and Portugal, the shipping cost will be €8 providing the order does not exceed 2 kg (VAT included) per order. For the Balearics, the shipping cost will be €12 (VAT included).
Once the order has left our warehouses, an email will be sent notifying the Client that the order has been accepted and has been dispatched.
For security reasons, THE COMPANY will not send any order to PO boxes or military bases, and nor will it accept any order where it is not possible to identify the order recipient and their address.
III. Delivery data, Non-delivered orders and Loss in transit
If, at the time of delivery, the Client is absent, the carrier will leave a note indicating how to proceed to arrange a new delivery. As part of the courier delivery service, THE COMPANY has set out a series of tracking measures aimed at guaranteeing that delivery takes place.
If 7 working days pass since the order was dispatched but has not yet been delivered, the Client should contact THE COMPANY. Should the Client not do this, once 10 working days have passed since the order was dispatched, it will be returned to our warehouses and the Client will bear the outbound and inbound shipping costs back to the place of origin of the goods, and also any associated administrative costs.
If the reason delivery has not been possible is owing to the loss in transit of the package, our carrier will open an investigation. In these instances, the response time from our carriers is usually between one and three weeks.
- Procedure upon delivery
The Client must check that the package has arrived in good condition in front of the carrier who undertakes the delivery of the requested product on behalf of THE COMPANY, recording any anomaly in the packaging on the delivery note. If, after the Client has checked the product, they should subsequently detect any incident such as breakage, signs of impact or having been opened, or any damage caused to it during shipping, the Client undertakes to notify THE COMPANY via email in the shortest time possible, preferably within the subsequent 24 hours and a maximum of 7 calendar days after delivery.
- Returns procedure
All products purchased from THE COMPANY can be returned and refunded, providing the Client notifies THE COMPANY of their intention to return the purchased product(s) within a maximum period of 7 calendar days from the date of delivery and that the other conditions set out in this section are fulfilled.
THE COMPANY will only accept returns that meet the following requirements:
1. Returns of the product will be accepted as long as the machine or product is defective due to causes applicable to the manufacturer and in any case no change will be accepted due to misuse or sabotage of the machine or arbitrary decision by the customer.
Likewise, Boloberry will never refund the amount in money, but with a discount voucher to be spent on Boloberry products and services.
2. The product must be in the same condition in which it was delivered and should retain its original packaging and labelling.
3. Return shipping should be effected using the same box it was received in to protect the product. In the event that it cannot be returned in the same box it was delivered in, the Client must return it in protective packaging to ensure the product reaches THE COMPANY’s warehouse as safely as possible.
4. A copy of the delivery note should be included in the package, indicating which products are returned and the reason for their return.
In order to make the returns process easier for Clients and to be able to correctly track the package, the only returns procedure accepted by THE COMPANY is that set out by THE COMPANY. If the reason for the return is attributable to THE COMPANY (the product is faulty, it is not what was ordered, etc.), the return shipping costs will be refunded. If the reason for the return is other (the product works properly but is not to the Client’s liking), the return shipping costs will be borne by the Client.
To make a return, the following steps should be followed:
- Notify THE COMPANY within 7 days of receipt of the product that it is to be returned. Notification can be made by email to email@example.com or by using the Customer Service form.
- THE COMPANY will notify the Client of the address to which the product should be sent.
- The Client may send the product via a courier service of their choice. The return shipping will be paid for by the Client.
- Inform THE COMPANY about which courier service has been used, and the date and time of the return.
- Client refunds
The return of products will entitle the Client to a refund equal to the cost of the returned product(s) minus the cost of the returns service.
THE COMPANY will only additionally refund the Client the corresponding shipping costs in the event that the product originally delivered was faulty or incorrect.
Partial returns and cancellations will occasion partial refunds.
THE COMPANY will handle the returns order under the same system that was used for payment within a period of 3 days from confirmation of the returned order’s arrival at the warehouse. The application of the refund to the Client’s account or card will depend on the card and the issuing entity. The fulfilment period will be up to 7 days for debit cards and up to 30 days for credit cards.
WARRANTY FOR PURCHASED PRODUCTS
THE COMPANY acts as a distributor for Manufacturers who guarantee that the products presented for sale on www.boloberry.com work correctly and are not defective or have any hidden faults that may make them dangerous or unsuitable for normal use.
The warranty offered is that which is routinely given by the Manufacturer. Once the Client has received the product, they will find the instructions provided by the Manufacturer for the correct use and installation of the product inside the box, plus full information on the warranty. Clients may not request a more extended warranty than that which is stipulated there.
THE COMPANY is under no obligation to collect any faulty product and the Client should contact the Manufacturer’s After-Sales Service. To this effect, THE COMPANY will take measures to provide the contact details of this service to any Client who requests them and will provide them the necessary information to make the relevant claims.
The warranty shall be invalidated and rendered void in instances where defects or damages have been caused by external factors or accidents, particularly electrical accidents, wear and tear, or any installation and use that does not comply with the Manufacturer’s instructions.
Excluded from the warranty are products that have been modified or repaired by the Client or any other person who is not authorised to do so by the Manufacturer. The warranty shall not apply to apparent defects and product compliance failures. In these cases, any claim should be made by the Client within 7 days subsequent to the delivery of the product. The warranty does not cover products damaged through improper use.
THE COMPANY does not provide warranty on neoprene.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all rights on the content, design and source code of this Website, and, in particular, including but not limited to, photos, images, texts, logos, designs, trademarks, trade names and data that is included on the Website.
Clients and Users are advised that these rights are protected by current Spanish law and international intellectual and industrial property laws.
Furthermore, and without prejudice to the foregoing, the content of this Website is also deemed to be a software programme, and therefore all Spanish and European Community legislation in force on this matter is also applicable to it.
The full or partial reproduction of this Website, or any of its content, is expressly prohibited without the express written authorisation of THE COMPANY.
Similarly, the copying, reproduction, adaptation, modification, distribution, commercialisation, public disclosure and/or any other activity that may constitute an infringement of any Spanish and/or international regulation in force with regard to intellectual and/or industrial property, and also the use of the Website content without the express prior written authorisation of THE COMPANY, is totally prohibited.
THE COMPANY informs you that it does not grant any implied licence or authorisation on the intellectual and/or industrial rights or on any other right or property related, directly or indirectly, to the content included on this Website.
The use of the web domain contents are authorised for information and service purposes only, providing that acknowledgment of, or reference to, the source is made, the User being solely responsible for any misuse of this content.
ACCESS AND VISITING THE WEBSITE. OUR CONTENT
Clients and Users are fully responsible for their conduct when accessing information on the Website, whilst browsing the Website, and also after having visited the Website.
As a consequence of the above, Clients and Users are solely responsible before THE COMPANY and third parties for:
- Any consequences that may result from the use, for illicit purposes or effects or contrary to this document, of any Web content, created or not by THE COMPANY, officially published or not under its name;
- Also, any consequences that may result in use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may harm, render useless or disrupt the Website or its services, or prevent normal enjoyment of the Website by other Users.
THE COMPANY reserves the right to update the content when it deems necessary, and also to erase content, to limit or deny access to content, either temporarily or permanently, and also to deny any Clients or Users access to the Website who make improper use of its content and/or fail to comply with any of the conditions that appear in this document.
THE COMPANY informs you that it does not guarantee:
1. That access to the Website and/or any linked website shall be uninterrupted and free of error;
- That content or software which Clients and Users access through the Website or linked websites does not contain any error, computer viruses or other elements in its content that may cause alterations in their system or the electronic documents and files stored on their computer system, or cause any other type of damage.
3. Clients and Users may use the information or content of this Website or any linked websites for their own personal purposes.
Clients and Users should consider the information contained on this Website as being informative and for guidance only, in relation to both its purpose and effects, signifying that:
THE COMPANY does not guarantee the accuracy of the information contained on this Website and therefore accepts no liability for any claims or inconveniences to Users that may be the result of any inaccuracy that appears on the Website.
THE COMPANY accepts no responsibility whatsoever arising from, and including but not limited to:
- The use Clients or Users make of the material on this Website or linked websites, whether it be prohibited or permitted, that constitutes an infringement of intellectual and/or industrial rights of content on the Website or of third parties.
2. Any possible damages to Clients or Users caused by the normal or abnormal operation of the search tools, of content organisation or location and/or access to the Website and, in general, by errors or problems that are generated in the development or implementation of technical elements that the Website or a programme provides the User.
- The content of pages that Clients and Users can access using links on the Website, whether these be authorised or not.
- The actions or omissions of third parties, regardless of whether these third parties are linked to THE COMPANY via contractual means.
- The access of under-age Users to the content included on the Website, it being the responsibility of the parents or guardians to ensure adequate control on the activity of children or minors in their charge, or to install a tool to control use of the Internet to prevent (i) access to material or content that is not suitable for minors, and also (ii) the sending of personal data without the prior authorisation of their parents or guardians.
- Communications or dialogues that develop in the course of discussions, forums, chats and online communities that are organised through or around the Website and/or linked websites. THE COMPANY will also not be held responsible, therefore, for any possible damages that Clients or private and/or collective Users suffer as a consequence of these communications and/or dialogues.
THE COMPANY will not be responsible under any circumstances for:
- Errors or delays when the Client accesses the Website to enter their data on the order form or the slowness or impossibility for the addressees to receive the order confirmation or any anomaly that may occur when these incidents are due to problems on the Internet network, caused by fortuitous events or force majeure and any other unforeseen eventuality beyond the control of THE COMPANY;
2. Any communication failures or incidents or erasure or incomplete transmissions, signifying, therefore, that no assurance is given that the Website services shall be operational at all times;
- Errors or damages to the Website owing to the Client’s inefficient use of the service or by their acting in bad faith;
- The email address provided by the Client to send the order confirmation to not being operational or experiencing problems.
- At all events, THE COMPANY undertakes to resolve any issues that may arise and to offer the full necessary support to the Client to reach a rapid and satisfactory solution to the incident.
- Similarly, THE COMPANY has the right to conduct, during defined periods of time, advertising campaigns to promote the registration of new members to its service. THE COMPANY reserves the right to modify the operating conditions of the promotions, to extend them with due notification, or to proceed to the exclusion of any participants from the promotion should any anomaly, misuse or unethical behaviour be detected during their participation in these campaigns.
Clients and Users undertake to browse the Website and to use the content in good faith.
The Client data will be used to send information on sales made by THE COMPANY by email and for the delivery of purchases.
By simply visiting our Website, Users do not disclose any personal information and are not bound to provide any.
THE COMPANY undertakes to retain the information provided with the utmost discretion and confidentiality and to use it only for the stated purposes.
THE COMPANY presumes that the data has been entered by its owner or by a person authorised by the owner, and that it is correct and accurate.
It is the Client’s responsibility to update their own data. At any time, the Client has the right to access, rectification, erasure and objection of all their personal data included on the different registration forms. To modify or update their personal data, the Client should access “My account” on www.boloberry.com. To cancel their account, the Client should send an email from their account email to firstname.lastname@example.org with the subject “Cancel account”.
Accordingly, the Client is responsible for the veracity of the data and THE COMPANY shall not be liable for any inaccuracies in the Client’s personal data. In compliance with current legislation on data protection, THE COMPANY has adopted appropriate levels of security for the data provided by Clients and, furthermore, has installed all means and measures available to it to prevent the loss, misuse, alteration, unauthorised access and theft of said personal data.
NULL AND VOID CLAUSES
If any clause included in these Terms and Conditions of Use should be declared null or void, the other clauses will continue to be valid and effective and shall be interpreted taking into account the will of the parties and the ultimate purpose of these Terms and Conditions of Use.
THE COMPANY may choose not to exercise some of the rights and powers conferred in this document, which should under no circumstances be construed as a waiver of these unless with express acknowledgement by THE COMPANY or through the limitation of the action corresponding to each case.
MODIFICATION OF THE TERMS AND CONDITIONS OF USE
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, and also these General Terms and Conditions. For this reason, THE COMPANY recommends that the Client reads them carefully each time they access the Website. These Conditions of Use will always be available in a visible place, freely accessible for as many consultations as Clients and Users may wish to make of them. At all events, acceptance of the Conditions of Use will be a preliminary and essential step before purchasing any product available through the Website.
APPLICABLE LAW AND ARBITRATION
These Conditions of Use are governed by Spanish legislation applicable in this area. To resolve any dispute or conflict arising from these Conditions of Use, the parties involved shall be subject to the jurisdiction of the courts of the City of Barcelona, unless law dictates another jurisdiction.