PURCHASING CONDITIONS

INTRODUCTION

This document (combined with all the documents mentioned herein) sets out the conditions that govern use of this website (www.bonnetapompon.com) and the purchase of products on the same (hereinafter, the Conditions). We ask you to carefully read these Conditions, our Cookie Policy and our Privacy Policy (hereinafter, jointly, the Data Protection Policies) before using this website. By using this website, or placing an order through it, you are consenting to be bound by these Conditions and by our Data Protection Policies, which means that if you are not in agreement with all the Conditions and with the Data Protection Policies, you should not use this website.

If you have any questions related to the Conditions or Data Protection Policies, please get in touch with us through the channels set out on our website.

You may formalise this agreement, if you wish, in any of the languages in which the Conditions are available on this website.

OUR DETAILS

This website is operated under registered company name BONNET À POMPON S.L., with company office at Calle Ayala, 58 1º F, 28001, Madrid, Spain, registered in the Register of Companies of the province of Madrid, in Volume 29763, companies book, Section 8, Folio 90, Sheet no. M-535529, and holder of CIF (tax identification code) B86412962.

VISITING AND USING OUR WEBSITE

Any information about you or personal data that you provide to us will be handled pursuant to the provisions of the Privacy Policy. By making use of this website, you are consenting to us handling the said information and data, and you declare that all information and data that you provide to us are true and correspond to reality

By making use of this website and/or placing orders through it, you are committing to:

  • Making use of this website only to submit queries or legally valid orders.

  • Refraining from placing any false or fraudulent orders. If it can be reasonably considered that an order of this type has been placed, we will be authorised to block it and inform the relevant authorities.

  • Providing us with your real and accurate email address, postal address and/or other contact details. Furthermore, you are consenting to us using the said information to contact you, if this should be necessary.

  • In the event that you should provide incomplete information, we cannot promise to process your order.

  • When you place an order through this website, you are declaring that you are over 18 years old and that you have legal standing to enter into agreements.

PRODUCT AVAILABILITY

All product orders are subject to product availability. In this regard, if any difficulties should arise regarding the supply of products or if no items are left in stock, we will inform you, to offer you alternatives. If you do not want to order these substitute products, we will refund any amounts that you may have paid.

REFUSAL TO PROCESS AN ORDER

Bonnet à Pompon reserves the right to amend all information, products and materials contained on its website. While we will always do everything possible to process all orders, exceptional circumstances may arise that force us to refuse to process an order after we have sent the Order Confirmation.

DELIVERY METHODS

There are different delivery options, with a range of fees:

·Same Day Madrid M-30: Delivery the same day, in Madrid, if you make your purchase before 2 pm, from Monday to Friday. * 5,95 €

·Next Day Península: Delivery the next working day, if you make your purchase before 5:30 pm, from Monday to Friday. * 3,95 €

FREE (ORDERS OVER €100).

·SEUR Pick-up Points (please contact customer services for more information).

* Same Day Madrid: except public holidays, Balearic Islands, Ceuta, Melilla and remote regions.

* Next Day: the delivery costs for the Canary Islands, Ceuta and Melilla are:

Standard fees:

-the delivery costs for the Canary Islands are €9.95;

-the delivery costs for the Balearic Islands are €5.95;

-the delivery costs for Ceuta and Melilla are €9.95.

In principle, orders sent before 11 am will be processed the same day. However, it may take longer to process and prepare an order. Depending on the items, it can take between 1 and 2 working days. As soon as your order is ready for dispatch, we will send you a confirmation email. From then, the delivery period will depend on the courier's delivery times.

Delivery times

For deliveries in Spain, orders will be sent within 24 hours (not including the time needed to process and prepare the order). In the event of deliveries to the Canary Islands, Ceuta and Melilla, the delivery time will be a maximum of 72 hours.

For deliveries in Europe, orders will be sent within a time frame that oscillates between 2 and 7 working days (not including the time needed to process and prepare the order).

For deliveries to other countries, please contact our Customer Services department.

Once you have placed your order, you will receive an email confirmation. Furthermore, on the day of delivery, you will be sent an email telling you the time slot for you to receive your order (service valid for Europe).

Monitoring your order

In your online account, in the “My Orders” section, you can monitor the status of your order at all times, from preparation in our warehouses, until delivery at the address you have given us.

Receiving the delivery

If the customer should be out, SEUR will send you an email to notify you of the attempt to deliver the order, and you will be able to respond to the transport company and organise a new delivery time.

If the customer cannot receive their order at the address originally provided, we will offer you the option to pick up your order at the SEUR centre closest to the delivery address. Once the stipulated 10 calendar days have passed, the order will be returned to Bonnet á Pompon.

RISK TRANSFER AND OWNERSHIP

You will bear all risks derived from the products from the moment they are delivered.

You will become the owner of the products once we have received payment in full of all amounts owed in relation to them, including delivery costs.

PRICE AND PAYMENT

Even though we try to make sure that all prices shown on the website are correct, errors may arise. If we should identify an error in the price of any of the products you have ordered, we will notify you as quickly as possible and attempt to offer you a solution. The prices on this website are inclusive of VAT, but they exclude delivery costs, which will be added to the total amount payable, as shown in our Purchase Information. Prices may be subject to change at any time. But (with the exception of the provisions hereinabove), any possible changes will not affect orders for which a Shipment Confirmation has already been issued.

Once you have finished shopping, all the items you want to buy will have been added to your cart. The next step will be to process the order, and make payment. To do this:

  • Click on the “My cart” button at the top of the page if you would like to check over the items, or “Finalise purchase”, if you would like to directly make the purchase.

  • You will be redirected to the payment gateway, where you will be asked to enter your card details.

  • When you click on “Accept”, you are confirming that the credit card belongs to you.

  • Credit cards will be subject to checking and authorisation by the card issuer. If the issuer does not authorise the payment, we will accept no liability for any delays or the failure to deliver, and we will not be able to formalise an Agreement with you.

VALUE ADDED TAX

Pursuant to the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, based on the delivery address of the items. For deliveries within the European Economic Community, it is necessary to give us your VIES VAT number to avoid paying Spanish VAT. Deliveries outside the European Economic Community will not be subject to VAT.

The applicable VAT rate will be the one legally in force, from time to time, depending on the specific item involved.

Orders sent to the Canary Islands, Ceuta and Melilla will not be subject to VAT and the buyer will be the person liable for declaring the applicable tax at the corresponding customs office.

RETURNS POLICY

In the event that you should wish to return an order or specific item, you can organise your return in different ways:

-You can process your return through the dedicated page on our website, in the “My account” section. You will have to click on the link shown in the section and enter the requested information.

-You can also make your return by telephoning our customer services team. Telephone no. +34 91 435 06 58. Our representatives will be available from Monday to Friday, from 9:30 am to 7 pm, and Saturday, from 10 am to 3 pm, except on public holidays.

Once the return has been authorised by Bonnet à Pompon, our courier will come to collect your package the working day after the one on which you send us your collection request. The item you are returning must be correctly packaged, using the white bag included with your order. 24 hours after collection, the item will be deposited at the official address of Bonnet à Pompon, for the customer’s return to be checked and processed.

Within a maximum period of 10 to 15 working days following acceptance of your return, we will refund the amount of the returned goods. The refund will always be made using the same method as the one you used to pay.

The standard delivery cost for peninsular Spain is €3.95.

If you wish to exchange or return a product delivered in the Canary Islands, Ceuta or Melilla, please get in touch with us by phoning +34 91 435 06 58, to request collection:

-the return costs for peninsular Spain are €3.95;

-the return costs for the Canary Islands are €9.95;

-the return costs for the Balearic Islands are €5.95;

-the return costs for Ceuta/Melilla are €9.95.

RETURNS DUE TO THE PRODUCT NOT COMPLYING WITH THE AGREEMENT

You have the right to withdraw from this agreement within 14 calendar days without having to explain your decision. All you have to do is give notice of this intention by sending an email to contacto@bonnetapompon.com. If you believe that, at the time of delivery of the product, it is not in accordance with what was stated in the Agreement, please get in touch with us immediately through our email devoluciones@bonnetapompon.com, stating the product details and the damage it has incurred, or by calling the number +34 914 350 658, where we will tell you how to proceed.

You can return the product from your home by giving it to the courier we send.

We will carefully examine the returned product and notify you by email, within a reasonable time frame, if it is applicable to replace it with an item of the same nature and with the same specifications.

If it should not be possible to replace it, we will refund the amount.

Replacement of the item, or, if this is not possible, return of the amount will take place as quickly as possible and, in any event, within 30 days following the date on which we send you an email confirming that replacement of the non-conforming item is applicable or, if this is not possible, that we will refund the amount paid.

Any amounts paid for products that are returned due to a fault or defect, when there really is one, will be refunded in full, including the delivery costs incurred to deliver the item to you. The refund will always be made using the same method as the one you used to pay.

With the exception of the rights recognised by the legislation in force:

-The seller is liable for any conformity breaches that are declared within a term of two years following delivery.

-The consumer/user is required to notify the seller of any conformity breaches within two months of becoming aware of them.

-Unless proven otherwise, products will be deemed to be in accordance with the agreement as long as they comply with all the requirements set out below:

they match the description the seller provides and they have the specifications of the product that the seller presented to the consumer/user by using a sample or model;

they are suitable for the uses to which products of the same type are normally put;

they have the usual quality and features of a product of the same type that the consumer/user may reasonably expect, in view of the nature of the product.

LIABILITY AND EXEMPTION FROM LIABILITY

Unless expressly established to the contrary in these Conditions, our liability with regard to any product acquired through our website will be strictly limited to the purchase price of the said product.

This notwithstanding, our liability will not be excluded or limited in the following events:

  • in the event of death or personal damage caused by our negligence;

  • in the event of fraud or fraudulent misrepresentation;

  • in any matters where it is illegal or illicit for us to exclude or limit our liability.

  • Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided for in these Conditions, we will accept no liability for the following losses, regardless of the cause: revenue or sales losses; loss of business; loss of profits or loss of contracts; loss of planned savings; loss of data; wasted administration time and wasted office hours.

  • In view of the open nature of this website and the possibility of errors occurring in the storage and transfer of digital information, we do not guarantee the accuracy or security of information transferred or obtained through this website unless the same expressly establishes otherwise. All product descriptions, information and materials included on this website will be supplied corpus certum and without any express or implicit guarantees regarding the same. Within the legally permitted scope, we exclude all guarantees, except for those that cannot be legally excluded with regard to consumers and users. The provisions of this clause will not affect your legal rights as a consumer and user, or your right to withdraw from the Agreement.

INTELLECTUAL PROPERTY

You acknowledge and are aware that all copyrights, registered trademarks and all other intellectual property rights regarding the materials and contents provided as part of the website correspond, at all times, to us and to persons that grant us licences for their use. You may make use of these materials solely as expressly authorised by us or by the persons granting us the licence to use them. This will not prevent you from using this website to the necessary extent to copy information about your order and contact data.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

  • You must not misuse this website by intentionally introducing into it viruses, trojans, worms, logic bombs or any other programs or materials that are technologically harmful or damaging. You must not attempt to obtain unauthorised access to this website, to the server on which it is hosted or to any other server, computer or database related to our website. You undertake to refrain from attacking this website through a denial-of-service attack or a distributed denial-of-service attack.

  • Breaching this clause could mean that you are committing an offence under the applicable legislation. We will give notice of any breach of such legislation to the competent authorities and cooperate with them to help them discover the identity of the attacker. Furthermore, in the event of breach of this clause, your authorisation to use this website will be immediately withdrawn. We will not be held liable for any loss or damage resulting from denial-of-service attacks, viruses or any other programs or materials that are technologically harmful or damaging that may affect your computer, computer equipment, data or materials as a consequence of using this website or downloading its contents, or contents from websites to which it may redirect you.

LINKS FROM OUR WEBSITE

In the event that our website should contain links to other websites and third-party materials, these links are provided solely for informational purposes, and we have absolutely no control over the contents of the said websites and materials. Consequently, we will accept no liability for any damage or loss derived from using them.

WRITTEN COMMUNICATIONS

The applicable legislation requires that some of the information or communications we send you be in writing. By using this website, you accept that the majority of these communications with us will be sent electronically. We will contact you by email or through the postal address you provide when you place an order. It will be deemed that notices have been correctly made when they are sent to the postal or email address you provide. It will be deemed that the notice has been received if we have sent the email to the email address that you gave us, or if we have sent the letter by registered post with acknowledgement of receipt and it has not been returned to us.

For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and all other communications we send you electronically comply with the same legal requirements as for written communications. This condition will not affect your rights pursuant to law.

TRANSFER OF RIGHTS AND UNDERTAKINGS

The Agreement is binding for you and for us, as well as for our respective successors, assignees and substitutes. You may not transmit, assign, charge or, in any other way, transfer an Agreement or any of the rights or undertakings derived from it in your favour or for you, without obtaining our prior written consent. We may transmit, assign, charge, subcontract or, in any other way, transfer an Agreement or any of the rights or undertakings derived from it in our favour or for us, at any time while this Agreement is in force. To avoid any doubt, the said transmissions, assignments, charges and other transfers will not affect the rights that, where applicable, you have as a consumer pursuant to law, neither will they void, reduce or limit in any other way any express or tacit guarantees that we may have been able to grant you.

EVENTS BEYOND OUR CONTROL

We will not accept liability for any breaches or delays in performing any of the undertakings that we assume under an Agreement, when the reason for this is owing to events that are reasonably beyond our control (hereinafter, Cause of Force Majeure).

Causes of Force Majeure will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:

- strike, lockout and other industrial action;

- civil unrest, disturbance, invasion, terrorist attack or terrorist threat, war (declared or not) or threat of or preparations for war;

- fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster;

- impossibility of using public or private telecommunication systems;

- impossibility of using public or private transport;

- acts, decrees, legislation, regulations or restrictions of any government or public authority;

- strike, error or accident involving sea, river or postal transport, or transport of any other type.

It will be deemed that our undertakings derived from the Agreement will be suspended for the time during which the Cause of Force Majeure continues, and we will have an extension in the term to comply with the said undertakings for a period of time that is equal to the duration of the Cause of Force Majeure. We will employ all reasonable measures to end the Cause of Force Majeure or to find a solution that enables us to comply with our undertakings pursuant to the Agreement despite the Cause of Force Majeure.

WAIVER

In the event that we should opt not to require you to strictly comply with any of the undertakings that you assume by virtue of an Agreement or of these Conditions or if we should fail to exercise any rights or actions that may correspond to us by virtue of the said Agreement or the Conditions, this will not mean waiver or any type of limitation with regard to the said rights or actions, neither will it exempt you from complying with such undertakings. No waiver on our part of a specific right or action will mean a waiver of other rights or actions derived from the Agreement or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from the Agreement will take effect, unless it is expressly established that it is a waiver and it is formalised and you are notified in writing pursuant to the provisions of the Notifications section hereinabove.

SEVERABILITY

If any of these Conditions or any provision of an Agreement should be declared null and void by final resolution of a competent authority, the other terms and conditions will remain in force, and they will not be affected by the said declaration of invalidity.

COMPLETE AGREEMENT

These Conditions and all documents to which they make express reference comprise the complete agreement that exists between you and us with regard to the subject matter of the Agreement and they replace any other pacts, agreements or promises previously entered into between you and us, whether verbally or in writing. You and we acknowledge that we have consented to enter into the Agreement without having placed our trust in any declarations or promises made by the other party or that could be inferred from any declarations or written documents in any negotiations initiated by the two parties prior to the said Agreement, except for those that are expressly mentioned in these Conditions. Neither you nor we will be able to take action against any untrue declarations made by the other party, whether verbally or in writing, prior to the date of the Agreement (unless such untrue declarations were made fraudulently) and the only action available to the other party will be for breach of agreement pursuant to the provisions of these Conditions.

OUR RIGHT TO AMEND THESE CONDITIONS

We have the right to review and amend these Conditions, from time to time. You will be subject to the policies and Conditions in force at the time when you make each order, unless, by law or resolution of government bodies, we have to make changes of a retroactive nature to the said policies, Purchase Conditions or Privacy Policy, in which event, the possible changes will also affect any previous orders that you may have placed.

JURISDICTION

To resolve any disputes, and with waiver of any other jurisdiction, the parties, by their own choice, submit to the courts of the user’s address.