1.- PURPOSE AND ACCEPTANCE OF PURCHASE TERMS
These conditions of purchase and usage rules govern the use of the Web page www.bdba.com (hereinafter the Website) of which ORELLANA UNO, SL (hereinafter BDBA) is the holder. ORELLANA UNO is a limited company established in Calle Orellana no. 1, 4D Madrid, with CIF B-81055410 and registered in the Commercial Register of Madrid, Volume 8917, Folio 77, Section 8, Noja number M- 143 480, BDBA being one of its trademarks.
The purchase of BDBA clothing or accessories (hereinafter referred to as the Products) by the user (Customer) through the Website involves the explicit acceptance without reservations of any kind, of each and every one of the purchase conditions and use standards published by BDBA at the time of the sale. Therefore, it is advisable that the Customer reads these conditions before making any purchase. The customer's acceptance of the purchase conditions is formalized through their online acceptance by clicking the button "I have read and accept the Purchase Terms and Conditions and legal notice". Not clicking on such button shall mean the non-acceptance of these terms and conditions, which shall prevent proceeding with the purchase.
The products advertised through the Website are offered to end-users over 18.
2.- PRODUCT INFORMATION. AVAILABILITY
The Products offered on the Website are only available for the Spanish mainland territory, the Balearic Islands, Italy, Portugal, France, United Kingdom and Germany. BDBA reserves the right to modify at any time the quantity and / or the type of products that can be purchased on the Website.
Pursuant to the provisions of Law 7/1996 of the Retail Trade of January 15, the Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Consumers and Users Protection Law and the Act 34/2002 of July 11, on Information Society Services and on Electronic Commerce, by which the customer is entitled to know the essential characteristics of the products they wish to purchase before placing the order. Thus, the Customer, before placing any order, can obtain the necessary information from the Website about the basic characteristics of the Products (size, colours, composition and price). BDBA provides the Customer with photographs and descriptions of the Products offered, and taking into account the state of the technologies will do everything possible to ensure that the colours and / or drawings that are shown in the photographs of the Products on the Website are faithful to the originals, excepting certain variations in the colours and tones due to technical limitations and properties of the screen on which they are viewed.
All Product orders placed by the Customer are subject to Product/stock availability. If an order has been placed for several Products and some of these cannot be provided the price of the missing Product shall be refunded to the Customer by the same payment system used.
When all of the Products ordered are not available, the Customer shall be informed by email to the account registered on the Website and, if the amount of the order has already been paid, it shall be fully refunded or, if it has not been paid, the Customer will not be charged and the order will be automatically cancelled following the dispositions of this Clause and with no right to compensation for breach of contract, actual loss or loss of profit and interest.
BDBA reserves the right to withdraw or modify any Product from the Website at any time and / or its content. BDBA is not responsible for the errors caused by the technical malfunctioning of the Customer’s Internet Service.
3.- REGISTRATION. PURCHASE PROCEDURE. ORDER CONFIRMATION
There is the possibility of registering as a Website user, for which users must be over eighteen (18) and complete the instructions displayed on the screen:
The client’s self-designated name and password are personal and non-transferable. The data provided by the Customer will be added to the database owned by ORELLANA UNO, S.L, and used to process the Customer’s orders and to send the Customer, by email and / or post, information on offers and services that may be of their interest. Thus the purpose of such data usage is to maintain the contractual relationship established between BDBA and the Customer, as well as the management, administration and supply of commercial and advertising information about BDBA Products or third party partners or investee companies. The Customer declares that they have been informed of the conditions and cessions detailed in this clause.
To proceed with the Product purchase, the Customer shall access the online store where they must add the Product they want to purchase by selecting it and adding it to the shopping Cart by clicking on the icon "Add to Cart". When selecting the product the Customer is informed of the characteristics of the clothing (sizes, colours, composition, washing process and price) and the shipping costs.
Once the selected Products are added to the shopping cart, the Customer may access the Shopping Cart Summary "My Bag" or "My Basket" where the following information will be displayed:
If the Customer has a promotional code, it must be entered at this time in order to benefit from the associated conditions. If the Customer wishes to continue buying other Products, he/she must click on the icon "Continue shopping", if instead the Customer wants to complete his/her purchase, he/she must click "Submit order".
When the Customer clicks on "Submit Order" a new screen is displayed, where the Customers is again informed of the Products selected: reference, colour and size, unit price, quantity and total amount of purchase including shipping costs.
Next the Customer must provide their information, when it comes to a registered Customer, he/she must provide their email and password. In the event that the Customer has not previously registered, he/she must enter their personal information to create a Website account. Once the Customer has entered their information, they will access the shipment information, where they can review the shipment and billing information and, if necessary, modify it. Then the Customer must agree to the Purchase Terms and Disclaimer on the Website and select the payment method.
Later, after indicating the payment details, the Customer shall proceed to the purchase acceptance by clicking the "Buy" button.
Once the Customer has completed the entire purchase procedure, he/she will receive an email acknowledging the receipt of the order. This email does not mean that the order has been accepted, since it constitutes an offer to purchase. All orders are subject to the acceptance and confirmation of the order. Thus, the purchase contract between BDBA and the Customer shall be deemed complete and duly executed when the order has been paid for by the Customer and confirmed by BDMA via an email to the registered email account containing the summary of the Product/s purchased, its detailed information, the price of the Product/s and the shipment costs. BDBA shall only be bound to supply the Customer with the Products listed in the order confirmation.
The order confirmation email will be sent once the Customer has placed an order in accordance with the purchase procedure indicated on the Website. The Customer shall verify the content of such email and, in case of error or mistakes, immediately inform BDBA via email to firstname.lastname@example.org.
All Product prices are expressed in Euro and include VAT and other taxes. The maximum purchase amount is € 1,500 per order. Product prices do not include shipping and delivery. (See Shipping Costs).
Once the Customer has selected the Product/s he/she wishes to purchase, and before proceeding to the payment, a final summary will be displayed identifying the Products/s to be purchased and the total price (taxes and shipping costs included).
BDBA tries to guarantee that all the information about the Product’s price is accurate, however, it does not guarantee the complete absence of error. When there is an error in the Product price, BDBA will send the Customer an email indicating the correct price of the Product and requesting the order confirmation. In the event that the Customer fails to confirm the purchase of the Product at the correct price, the purchase of such Product shall be deemed cancelled. In the event that BDBA is unable to contact the Customer, the order shall be deemed cancelled.
The Product’s price shall be as indicated on the Website and may be modified by BDBA at any time. The changes in price of the Products will not affect the cost of already confirmed orders.
5.- PAYMENT METHODS AND SAFETY
The Customer can pay for both the orders and the shipping costs by any of the means of payment set out below:
Payment by credit card: Clients can use the following credit cards on the Website:
This means of payment is made through the CyberPac Secure Purchasing payment platform. This payment system meets the standards for secure electronic commerce adopted by the international brands Visa card and MasterCard to ensure the buyers identity. Through this system, in order for the Customer to be able to pay with their credit card, it will be essential that the bank issuing the credit card accepts payment via Secure Purchasing. Therefore, if you have problems with your purchase, please contact your bank.
Once the Customer has decided what Products to buy and has completed the purchase steps, the CyberPac application is accessed from the Website through a link in which you enter your card number, expiration date and the identification code (verification digits).
The next step is to check the Customer’s authentication and the purchase verification by the card issuer; this operation is carried out by the system determined by the Customer’s Financial Institution (SMS, phone call, email).
If the Customer is identified and the purchase is verified, the transaction will be safely processed. Once the payment is completed, the Customer returns to the Website.
PayPal: The Customer can make the payment for his/her purchase using PayPal. The payment validation is immediate. In this case, the Product shipment is made to the address that the Customer has previously indicated at the time of order, regardless of the address in the Pay-pal account.
For every order that the Customer places through the Website and providing that the payment has been confirmed, BDBA issues the relevant invoice with the information provided indicating the Products shipped, the price and the shipping and delivery costs.
BDBA never has access to confidential information concerning the means of payment. For this reason, the Customer's bank details will be requested for each new order.
6.- SHIPPING AND DELIVERY
Only Customers whose shipping address is within the Spanish mainland territory, the Balearic Islands, Italy, Portugal, France, United Kingdom or Germany can place orders through the Website. In the order form, the Customer will be requested to provide a shipping address during normal working hours. BDBA shall not be held responsible for any errors occurred in the delivery when the address provided by the Customer does not conform to reality or when certain information required for delivery has been omitted.
No delivery will be made to PO Boxes or addresses that are not within the Spanish mainland territory, the Balearic Islands, Italy, Portugal, France, United Kingdom or Germany, the breach of any of these requirements in the shipping address shall result in the automatic cancellation of the order, meaning the order will not be processed.
All products will be shipped via private transport or collected in store. BDBA informs the Customer by email once the order departs from our warehouse, indicating the order shipment number and the customer service number of the transport company responsible for the delivery, so that if any problem arises in the delivery, the Customer can contact the company responsible for delivery.
Orders are shipped from Monday to Friday, excluding local and national holidays. The usual delivery time is between five (5) and seven (7) working days starting from the day after the order confirmation date. BDBA is not held responsible for unpredictable delays due to logistical reasons or cases of force majeure; the maximum deadline for the Products delivery shall be thirty (30) working days after the order confirmation. In case of delivery delays, BDBA will inform its Customers as soon as it becomes aware of them.
For the Product delivery, either the Customer or an authorized person must be at the address indicated in the order. If neither the Customer nor the authorized person is at the address indicated for delivery, or if the delivery cannot be made on other grounds, the private transport company will contact the Customer to set an alternative delivery date.
Once seven (7) working days have passed since the order placed by the Customer has shipped out to be delivered without having successfully arranged for the delivery, the Customer must contact BDBA. If the Customer does not do so after ten (10) working days from the order’s departure to be delivered, the order will be returned to our warehouse and the Customer shall be deemed responsible for the shipping and return to the warehouses of such order, including any management costs associated with it. The order amount will be refunded by the same payment system used, excluding the expenses listed above.
7.- REINBURSMENT AND CANCELLATION POLICY
7.1.- Right of Cart withdrawal:
If the Customer is not satisfied upon receiving his/her order, he/she will have a fourteen (14) calendar-day-term from the order receipt date to execute the right of withdrawal in accordance with the conditions set forth below. If the period of fourteen (14) calendar days finalises on a Sunday or on a holiday, such period will be extended until the next working day. After fourteen (14) calendar days return orders will not be accepted.
To exercise this right, the Customer shall, before the withdrawal period is terminated, inform BDBA of their express desire to exercise the right to cancel the purchase by an unequivocal statement, either by a letter addressed to ORELLANA UNO, SL, E-commerce Department, C / Orellana no. 1, 4ª Planta, 28004 Madrid; or by email to email@example.com, clearly expressing their desire to withdraw, and providing the following information: details of the Products in relation to which the Customer wishes to cancel the sale, the order number, Customer’s name, postal address and, if available, telephone number and email address.
Upon receipt of such communication, BDBA will contact the Customer in order to provide them with the cancellation number and for the Customer to inform BDBA on how the Products will be shipped back, in particular if the return:
Customers must ship the Products to be cancelled within a maximum period of 14 calendar days from the date they communicate their withdrawal.
Return shipping costs will be entirely assumed by the Customer. In the event of a return using the courier selected by BDBA, these costs are equivalent to the shipping costs that correspond to the type of Product purchased and the destination it was sent to, which is deducted from the amount of the Product return.
The only address where the Product will be received is ORELLANA UNO, SL, E-Commerce Department, C / Orellana no. 1, 4ª Planta, 28004 Madrid.
In the event that the Customer decides to send the Products by their own means, BDBA recommends choosing a safe shipping method that includes shipment tracking, as the Customer shall be held responsible for any damages the Products might suffer until their receipt at the BDBA headquarters. It is also recommended that the Customer keep proof of shipment for the cancelled order, for possible eventualities.
Packages shipped freight collect or COD shipments will not be accepted.
It is an essential requirement for reimbursement that the Products are in perfect condition, in their original packaging, unused and with all tags and accessories included where applicable. There shall be no return of those Products that are not in the same condition in which the Customer received them. The Products whose reimbursement is not accepted will be returned freight collect to the Customer.
Upon merchandise receipt, and after checking its condition and provided that the Products are in good condition, BDBA will proceed to refund the amount according to the payment method used by the Customer, no later than fourteen (14) calendar days.
7.2.- Order cancellation:
Within 24 hours after the order placement, the Customer may cancel and / or expand it. In this case, the Customer must contact BDBA at firstname.lastname@example.org
7.3.- Return of faulty Products:
In the event that the Product is damaged due to shipping, is defective or has some flaw, the Customer must contact BDBA in the shortest possible time at email@example.com. BDBA shall bear all the costs involved in collecting the Product/s and the subsequent delivery of the new Product/s, provided that once the Quality Department has examined it / them, the presence of defects or flaws is confirmed. In the event that the Product is not deemed to be defective, it will be returned freight collect to the Customer.
The Product reimbursement or replacement will be made as soon as possible, and in any event within 30 working days from the date on which BDBA sends the Customer the confirmation email accepting the return or replacement of the nonconforming Product.
In the event that the Product may not be replaced with an identical one, the amount paid will be refunded in full to the Customer, including delivery costs derived from the Product delivery. Refunds will be issued by the same payment system used by the Customer.
Likewise, Customers are reminded that the Products purchased have a two-year legal guarantee from the delivery date. Defects caused by negligent use and/or treatment and/or caused by normal use are not included. To make use of the guarantee within the legal deadline of two years following the Product delivery, Customers must present proof of purchase.
8.- DATA SECURITY AND CONFIDENTIALITY
All information provided by Customers will be used to process the order as well as future purchases and to send information about offers and services that may be of interest by email and/or postal mail. Thus the purpose of the data use will be to maintain the contractual relationship established between BDBA and the Customer, as well as the management, administration, supply and commercial or advertising information about ORELLANA UNO, SL Products or third party partners or investee companies. The Customer declares to be informed of the conditions and cessions detailed in this clause.
The personal data received will be treated in accordance with the Organic Law of Personal Data Protection 15/1999, of December 13, and the Royal Decree 1270/2007, of December 21, approving the Regulations implementing the Organic Law 15/1999 and other regulations in force in Spain.
Furthermore, the Customer is informed that BDBA has adopted the security levels required by the regulations and by this means is committed to maintain the confidentiality of all the data provided.
9.- APPLICABLE LAW AND JURISDICTION
The General Conditions of Purchase shall be construed and governed in accordance with the Spanish Law. For any dispute arising out of these Terms, the parties shall submit to the exclusive jurisdiction of the Courts and Tribunals of Madrid.
The Customer declares, under his responsibility, having read these Terms and accepting them.
The customer agrees that the information contained in the specifications, as well as in the Terms, are enough and sufficient to exclude any error in the Customer’s consent.
Both parties expressly state that the acceptance of these Terms by the Customer is carried out by clicking on the "Accept" button located at the bottom of the form screen, which contains the Customer’s information. The Terms constitute the sole contract between the parties, superseding any previous contract or agreement between them, whether written or verbal, which will be void.
The declaration of any of the Terms as null and void or unenforceable shall not affect the validity or effectiveness of other Terms, which shall remain binding for the parties.
The waiver by either party to demand, at any given time, the compliance by the other party with any of the Terms stipulated herein shall not imply a waiver of enforcement of that provision, nor shall it represent a vested right for the other party in the contractual relationship.
Complaint forms are available to Customers. Such form can be requested at our Customer Service Department or in our stores.
© Copyright 2015 ORELLANA UNO, S.L.