GENERAL CONDITIONS OF USE AND PURCHASE HTTPS://WWW.BESTARD.COM/ 1 INTRODUCTION This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.bestard.com) and the purchase of products on it (hereinafter, the “Conditions”), whatever the application, digital medium, medium or device through which it can be accessed. We kindly ask you to read the Conditions and our present Privacy and Cookies Policy carefully before using our website. By using it or placing an order through it, you agree to be bound by these Conditions and by our Privacy and Cookies Policy. If you do not agree with all the Conditions and with the Privacy and Cookies Policy, you should not use this website.
If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.
These Conditions could be modified. It is your responsibility to read them regularly, since those that are in force at the time of ordering or, if not ordering; at the time of use of the website, will be those that are applicable. 2.OUR DATA The sale of products through this website is made under the name CALZADOS BESTARD, SA, a Spanish company with registered office at C/ Estació, 40-42 07360 Lloseta Mallorca- Illes Balears- Spain, office phone 971 51 40 44, and email: info@bestard.com 3.YOUR DATA AND YOUR VISITS TO THIS WEB PAGE The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website you accept and, therefore, consent to the processing of said information and data and declare that all the information or data you provide us are true and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
i Make use of this website exclusively to make legally valid inquiries or orders.
ii Not to place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.iii Provide us with your email address, postal address and / or other contact details truthfully and accurately. Likewise, you agree that we may use said 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 prepare your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The articles that are offered through this website are only available for shipment to mainland Portugal (not islands) and to the autonomous regions and provinces of the complete Spanish territory, except Ceuta, Melilla and the Canary Islands
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure where, first of all, you mustregister yourself at our website (registered user).
You may not choose a username using words that are intended to confuse others, which are abusive, insulting expressions or, in general, contrary to the law or the requirements of morality and good customs.
Once registered, you can now choose the products you want to buy and add them to the shopping cart.
Check your shopping cart. If the order is correct, click on "Checkout". When this is done, the check-out process will begin: identification, shipping address, transport selection and payment method selection.
Then, accept the Terms of Sale, select the payment method and click "Confirm".
After this has been done, you must click on "Authorize payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email when the product is being shipped (the "Shipping Confirmation").
You will receive the printed invoice together with the purchased product. However, if you wish, you can request by mail tiendaonline@bestard.com that we also send it to you by email.
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect any error when entering your personal data during your registration as a user of this website, you can modify them from the control panel where you can enter with your username and password.
To resolve the incident, you may also call the office at phone number +34 971 51 40 44 during the following hours: Monday to Friday from 08:00 to 13:00 and from 15:00 to 18:00 CET, or send an email to tiendaonline@bestard.com
8. AVAILABILITY OF THE PRODUCTS All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
9. DELIVERY
The order will be shipped fro our factory within a maximum period of 3 business days from the date of purchase, unless unforeseen or extraordinary circumstances occur. When your order is shipped you will receive an email. If after 3 days after purchase, you still have not received this email, you can contact us at tiendaonline@bestard.com. You will receive your order within 2 to 5 business days after shipment date (date of receiving the email).
Deliveries may take longer than usual in some periods of the year such as Easter, August holidays, Christmas or public holidays and during periods of sales/stock clearance.
We will not be responsible for any breach or delay when it is due to events that are beyond our control, that is, due to Force Majeure. The causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war.
- Fire, exposure, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
If for any reason we are unable to meet the delivery date, we will notify you of this circumstance and we will give you the choice to proceed with the purchase by establishing a new delivery date, or to revoke/cancel the order with a full refund of the price paid.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which you or a third party indicated by you acquire the material possession of the products, which will be accredited by signing of the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If you are not at your home at the time of delivery, the carrier will try to call you to arrange a new delivery. If the carrier cannot reach you on the telephone number you have given us, he will leave a passing note at the door or in the mailbox. All you have to do is follow the instructions in that note, in order to arrange a new delivery with the carrier.
If you detect any delay in the delivery of your order, please contact us by sending an email to tiendaonline@bestard.com.
11. TRANSFER OF RISK AND OWNERSHIP
You will acquire ownership of the products when we receive full payment of all amounts due in connection with the products.
The risk/responsibility of the products will be at your account from the moment of the delivery of the products to you.
12. PRICE AND PAYMENT
Prices can be modified at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have chosen all the items you want to buy, they will have been added to your cart, and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the information of your order. You have a detailed description of the purchase process in the sixth clause of these conditions.
You can pay either by Bank transfer, Visa card, PayPal (+ info in www.PayPal.com) or Bizum as a means of payment.
13. SHIPPING COSTS
Shipments of orders with a value over 50 euros to the Spanish mainland, the Portuguese mainland and the Balearic Islands are free of charge. Shipments of orders with a value of 50 euros or less, will have a shipping cost of 6 euros. No deliveries are made to Ceuta, Melilla, the Canary Islands, nor to any Portuguese island/territory outside mainland Portugal, nor to any other country outside Spain and Portugal. We also do not deliver to PO boxes.
14. RETURN POLICY
The law provides for a minimum of 14 calendar days, except in the case of goods that may deteriorate or expire quickly, in which case there will be no right of withdrawal for the user.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent to tiendaonline@bestard.com before the corresponding period expires. We will answer you and tell you how to proceed.
In the event of withdrawal due to dissatisfaction with the product, we will refund all payments received by you less the return costs (10 Euros) without any undue delay and, in any case, no later than 10 calendar days from the date on which we receive the item in our factory and verify that it is in perfect condition, unused and in its original packaging. We will proceed to make said refund using the same means of payment used by you for the initial transaction.
The return cost will be 10 euros for the shipping costs. Once your return has been accepted, the transport company will pick up your parcel at the address provided. If you prefer, you can ship the product yourself once your return has been accepted. In this case, you will be responsible for your returned order until it reaches our factory.
In the event that the return is due to a defect or shipping error, we will, if you so wish, refund your full money without deducting return costs, or we will replace the item with a new delivery. For your return to be processed, send an email to tiendaonline@bestard.com indicating your order number in the subject, what is the reason for the return and a photo. We will reply to you within 2 working days. The return of the money is subject to the supervision of the defect once the item arrives at our factory.
CHANGES
At Bestard, the first change is free of charge. It will not cause any costs of return or re-delivery. You can exchange your bought item within 30 business days after receiving it. You can make a change of size, color or model. To proceed with the change, send an email to tiendaonline@bestard.com and we will manage the new order. When we receive your returned product at our facilities, we will send you the new one.
14.1. Common provisions
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the opening of the box, or of products that are not in the same condition in which they were delivered, so you must be careful with the product / s while they are in your possession.
To make the return, the item must be in perfect condition and sent with its original packaging. The return of those articles that show signs of use or manipulation will not be accepted.
If you want to change the product for example the size, the first change will not generate any type of shipping cost.
15. PRODUCT WARRANTY
CALZADOS BESTARD guarantees the quality of its products in the legally established terms and deadlines from the delivery date. It does not include deficiencies caused by negligence, impacts, improper manipulation by the client, nor due to wear and tear due to normal use. For more information, see: GUARANTEE
If the item purchased in our on-line store presents manufacturing defects occurred prior to the purchase, the client will be compensated without any cost for him/her, choosing between either a total refund of the money through the payment system used in the purchase of the product, or with a new item replacing the defective one. To make use of the guarantee within the established legal term, it is essential to present the proof of purchase. To make the guarantee effective, contact us by sending an email to the following address: tiendaonline@bestard.com.
16. COOKIES POLICY
In order to improve your user experience, analyze our website traffic and improve our visibility on the internet and services, we use our own and third-party cookies. If you continue browsing we will understand that you accept and consent to its use.
If you wish to obtain more information about the cookies used at BESTARD, consult the specific section on Cookies or write an email to info@bestard.com.
17. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
i. Strikes, lockouts or other industrial actions.
ii. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemics or any other natural disaster.
iv. Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions by any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.
18. WAIVER
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions, nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions. in the Notifications section above.
19. PARTIAL NULLITY
If any of these Conditions or any provision of the contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
20. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to the purpose of the same and replace any other covenant, agreement or previous promise agreed between you and us verbally or in written.
You and us acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned in these Conditions.
Neither you nor we will have an action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
21. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions 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 by government agencies decision, we must make changes retroactively in said policies, Conditions or Privacy Statement, at in which case, the possible changes will also affect the orders that you had previously made.
22. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.Any controversy that arises or is related to the use of the website or with said contracts, the competent Courts and Tribunals will be those of the user's domicile, or the registered office of the contracting entity.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
23. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
You can make comments, suggestions, complaints and claims by sending an email to tiendaonline@bestard.com. In addition, we have official complaint forms available to consumers and users.