We invite you to review the general purchasing conditions that regulate the offer and purchase of products from BELEN BERBEL, SL through the online store included in this website https://belenbergbel.com/ .

By requesting the acquisition of a product and/or service through this website, the User is bound by these Conditions.

1. PRELIMINARY PROVISIONS

These purchase conditions apply to all sales of items of the brand BELÉN BERBEL, SL , which have been made through the website https://belenbergbel.com/ (hereinafter “website”).

By placing an order, you warrant to us that you are over 18 years of age and have the legal capacity to enter into binding contracts.

Orders may only be placed to purchase goods without the intention of reselling them. Any resale or distribution of products purchased through the website is strictly prohibited.

We reserve the right to cancel fraudulent, false or speculative orders, as well as those that have been requested by a client with whom there may be a difference/controversy in previous orders, or when there are reasonable doubts that may lead us to believe that the client is violating some criminal activity.

We may update these terms and conditions of purchase and the legal notice at any time. You may consult and print the updated version of both texts by clicking on the links “Terms and Conditions of Purchase” and “Legal Notice”.

User Obligations

As a user you are obliged to inform BELEN BERBEL, SL All data required for access and use of the services of this website. These must be true and current and you agree that we may use them to contact you if necessary.

It is essential that you provide all the information we classify as mandatory, since if you do not do so we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of errors or omissions of data.

The user must make appropriate use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.

Safety measures

We will put in place all reasonable mechanisms within our power to ensure that your personal data is kept secure at all times.

You must also take the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of the loss, misplacement, theft, robbery or illegal access to your username and password, as well as their knowledge by third parties.

2. CONDITIONS APPLICABLE TO ORDERS

All products offered on this website are sold directly by:

BELEN BERBEL, SL

CIF: B09794199

Address: c/ Alcazar, 4 1ª – 04006 ALMERÍA

Registered in the Commercial Registry of Almería, volume 2181, folio 53, page AL-60191, entry 1, date March 28, 2022

Phone: 617447347

Email: info@belenberg.com

Purchasing procedure

You can browse the website until you find the item you want. Once located, clicking on it will give you access to all the detailed information that the website offers. From there you can add the item to your cart.

When placing your order you will be asked to enter all your details and finally confirm the order.

Once the purchase procedure has been completed, you can select whether you wish to generate an electronic invoice and this will be sent to the User via email. Language of the invoice. You can also request a paper copy of your invoice.

The personal data required for processing the order will be processed in compliance with reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, and the rights that assist Users in accordance with the privacy policy of this Website.

Offer Coverage (describe the offer coverage)

The territory in which physical deliveries of the products are made is: Spain (Peninsula) and Portugal (Peninsula).

If a user is interested in receiving a product in another country, we advise them to contact us through the contact form or by sending an email to info@belenberbel.com and we will inform them about it.

Availability

All orders are subject to availability. We are not responsible for the lack of stock or unavailability of products.

Please check the selection of items available for sale through the website, as not all items that we may offer in our stores or that may appear in catalogs, websites or other types of presentations are available for this type of sale.

In the event of a stock shortage or temporary unavailability of an item, BELÉN BERBEL, SL will contact the customer to inform them immediately and give them a new delivery date or, if it is not possible to deliver the product, proceed to cancel it.

If you have any questions, it is recommended that you contact customer service.

Contract with BELÉN BERBEL, SL and acceptance of orders.

The order will not be accepted by us until the amount has been charged to our account. When you confirm the purchase, you will receive an e-mail confirming your acceptance. Only then will the contract between you and us be formalised, and only for the items listed in this shipping confirmation.

Confirmation and cancellation of orders

Before you complete your order on the website, you will be able to review all the details associated with it (amounts broken down into all the necessary sections – taxes, costs, shipping, item selection, etc.), and you may correct anything you consider necessary.

After confirmation, it will not be possible to modify or cancel the order via the website. You must contact us. In this case, the period can only be modified or cancelled if the item has not entered the shipping phase from our warehouses.

Currency, taxes and prices

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), all purchases from our website will be subject to value added tax. The applicable rate will be the one legally in force at any given time.

All prices are shown in Euros (€) and include taxes, unless otherwise indicated and applied due to legal requirements, especially in relation to VAT.

Prices may change at any time, but any changes will not affect orders or purchases that the User has already made.

Payment methods and security

Any order placed must be paid immediately after order confirmation. Only orders for which payment has been completed and verified will be processed.

Payment must be made by credit or debit card, PayPal, Bizum or Aplazame.

Credit and debit cards : The amount of the order will be charged to your card, so you must provide us with the number, the expiry date and the CW2 security code (on the back of your card). If your card is scanned, you will be asked for the relevant security codes.

These data will not be stored or manipulated by us, but will be registered directly in the payment gateway of the corresponding financial institution. The charge will be made in real time through this payment gateway. In the event that the charge cannot be finally made (for whatever reason), the order will be automatically cancelled.

PayPal : Allows you to pay directly without communicating your financial data to the network. It automatically encrypts sensitive data using the best technologies available on the market.

Bizum: It allows you to pay completely free of charge without having to enter any bank account number and only by having a mobile phone.

Put me off. By choosing this payment method, the user has the option of paying the purchase amount in installments.

Deliveries: types, deadlines and problems

Once payment has been received, your order will be prepared. You can choose whether you want it delivered to a postal address or picked up at our physical store.

Pick up in store

If you order before 13:00, your order will be ready within 24 hours (working days). Order processing time is from 09:00 to 16:00, every working day from Monday to Friday. Orders placed outside this time frame will be processed on the next working day.

You can pick up your online order during business hours (specify) at the address c/ Alcazar, 4 1ª – 04006 ALMERÍA.

Shipping to Spain (Peninsula) and Portugal (Peninsula)

As a general rule, the delivery time is 24/48 hours (working days) following receipt of payment, via a selected courier service.

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on this website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, upon delivery, the packaging of your order is damaged, you must open the package in the presence of the logistics operator to check the condition of the items. If damage is observed, you must detail it on the delivery note and contact us. We will repair or replace, free of charge, all items that have been damaged or lost during transport, provided that you notify us of the incident as soon as possible.

Once the order has been delivered, it will become your property and therefore any damage that may arise will be your responsibility.

Shipping costs

Shipping is free in the peninsula for purchases over €80.

Return, withdrawal, exchange and refund policy

Returns

The User has the right to withdraw from this contract within a period of 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the goods.

To exercise the right of withdrawal, the User must notify us at: BELÉN BERBEL, SL, info@belenberbel.com , of his/her decision to withdraw from the contract through an unequivocal declaration. You may use the withdrawal form template below, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the User to send the communication regarding the exercise of this right before the corresponding deadline expires.

Consequences of withdrawal:

In the event of withdrawal by the User, we will refund the amount corresponding to the return made once we have received it, excluding delivery costs. We will proceed to make said refund using the same payment method used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, no expenses will be incurred as a result of the refund.

You must return or deliver the goods directly to BELÉN BERBEL, SL c/ Alcazar, 4 1ª – 04006 ALMERÍA , without undue delay and, in any case, no later than within 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the deadline has expired.

You will be responsible for the direct cost of returning the goods. This cost is estimated to be approximately 6.00 Euros maximum.

The User must return the Products in perfect condition, otherwise the product may suffer a depreciation. Consequently, the User is informed that he/she will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. That is, if the product is not returned with the original packaging or in perfect condition, BELÉN BERBEL, SL may charge the cost of the devaluation of the product.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 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 and other complementary laws. By way of example, and not exhaustively, this would be the case of: goods made according to the specifications of the consumer and user or clearly personalised, the supply of goods that may deteriorate or expire quickly, the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, the supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.

Return of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact BELÉN BERBEL, SL immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement of the same is appropriate. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that a refund or replacement of the non-conforming item is appropriate. The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in the legislation in force at any given time for the User, as consumer and user, will always be in force.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, BELÉN BERBEL, SL being responsible, therefore, for any lack of conformity thereof that becomes apparent within a period of two years from the delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they fit the description made by BELÉN BERBEL, SL, and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance that are usual for a product of the same type and that are reasonably expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, when it is impossible for the User or it would be an excessive burden for him to contact the entrepreneur due to the lack of conformity, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty right directly against them during the two years following the delivery of said products. To do so, the User must have kept all the information regarding the guarantee of the products.

3. PARTIAL NULLITY

If any part of these terms of service is contrary to law and therefore invalid, this will not affect the other provisions in accordance with law. The parties undertake to renegotiate those points of the terms of service that are invalid and to incorporate them into the rest of the terms of service.

4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE

BELÉN BERBEL, SL reserves the right to modify the general conditions of sale without prior notice, and may change, delete or add both the content and services presented through it as well as the way in which these appear presented or located on its servers.

These changes must be accepted by the user each time they purchase a product or service through the website.

In the event that some of the terms of the general conditions of sale are declared integral or non-enforceable by a court decision, the remaining provisions will remain in force.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

5. APPLICABLE LAW AND JURISDICTION

This site is located and operated in Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without applying the principles of conflicts of laws.

In those cases where the client does not have the status of consumer or user, or has a domicile outside of Spain, they will be subject to the Courts and Tribunals of Almería, expressly waiving any other jurisdiction that may apply to them.

If the user decides to use or consult this site outside of Spain, he or she must bear in mind that he or she does so on his or her own initiative and is responsible for compliance with the relevant laws.

This contract will enter into force and take full effect from the moment of acceptance by the client or user.

This contract, and therefore the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, archived and reproduced by the usual electronic or computer means.

6. COMPLAINTS AND CLAIMS

The User may send BELÉN BERBEL, SL any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, BELÉN BERBEL, SL has official complaint forms available to consumers and users, which they may request from BELÉN BERBEL, SL at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase contract between BELÉN BERBEL, SL and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation EU No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.

7. MODEL OF THE WITHDRAWAL FORM

Form:

I hereby notify that I am withdrawing from my contract of sale of the following goods/provision of the following service:

(*)Order number: ________________________________________________

(*)Contact name: __________________________________________

(*)Contact email: ____________________________________________

(*)Contact phone number: _______________________________________________

(*)User address: _________________________________________

(*)Description (indicate the product(s) to be returned). ____________ ____________________________________________________________________________________________________________________________

(*)Date: _____________________________________________________

(*)Signature of the consumer/user (only if this form is submitted in paper):

________________________

(*) Required fields.