Terms and conditions of sale

Generalities

In order to formalize a purchase, it is mandatory to be of legal age, provide your personal data and accept, without reservation, these General Conditions of Contract and Sale. The fact of ignoring or ignoring the General Conditions does not exempt any Customer from compliance.

Registration in “Bear Bags Barcelona” is completely FREE and is offered as a Service Provision without financial compensation. The “Bear Bags Barcelona” website is aimed at adults. “Bear Bags Barcelona” will not admit any user who is a minor, reserving the right to ask the User for documentation that proves their identity in cases where there are doubts about the veracity of their data, denying the provision of services if the User does not attend to this. application. Registration implies, on the part of the Customer, full and unreserved acceptance of the stated conditions.

The Customer hereby authorizes the processing of their data within the framework of daily management, legal and commercial relations. The Customer is also informed that they have the rights of access, rectification, limitation, portability, opposition and deletion of data under current legislation on the protection of personal data. To exercise these rights you may contact “Bear Bags Barcelona”, Elisenda Ribatallada, 38, 08172 Sant Cugat del Vallés (Barcelona), by email to hello@bearbagsbcn.com .

Security

“Bear Bags Barcelona” in accordance with the provisions of the “Law on Information Society Services and Electronic Commerce” (LSSIce), has the duty to retain all traffic data related to electronic communications, for a maximum period. of twelve months, essential to identify the origin at the time the provision of the service began. In no case will the obligation to retain data affect the secrecy of communications. 

“Bear Bags Barcelona” receives the IP addresses of all Users because these are sent by browsers every time they request access to our pages. These IP addresses are stored for security in our Log files, remaining available to the competent authorities as established by Law to, where appropriate, identify the author or authors of certain illegal acts. The information stored in these Logs is the IP address and the date and time of each request made to our Server with the purpose of, in addition to the previously described, analyzing trends, administering the system and collecting information for statistical purposes. 

“Bear Bags Barcelona” has contracted a secure Internet commerce service that checks the validity of the card. The exchange of this data between the customer and the online store is encrypted through a gateway with your Financial Institution under the SSL (Secure Sockets Layer) protocol. The information related to your credit card does not reside nor is it transmitted to our servers, being a procedure carried out entirely on the Website of your Financial Institution, thus remaining safe from possible intruders.

Billing

Likewise, by virtue of the provisions of article 17 of the Regulation that regulates billing obligations, approved by Royal Decree 1,619/2012, of November 30, “BB BCN 2023, SL”, with NIF: B44794634, and domiciled at Elisenda Ribatallada, 38, 08172 Sant Cugat del Vallés (Barcelona), authorizes you to send invoices and other documents through the use of electronic means.

As stated in the aforementioned Royal Decree, documents sent electronically have the same legal validity as printed documents, as long as they are maintained in the format in which they were generated electronically.

The Customer expresses his agreement to the use of the PDF format that will be used by “Bear Bags Barcelona”, stating that he has the necessary computer means for this purpose. In the same way, the Email provided at the time of registration is established as a means of receiving invoices as mandatory information.

By accepting the conditions, the parties exclude their sending in paper format, unless expressly requested, which must be addressed to “Bear Bags Barcelona”.

User and password codes

Acceptance of these General Conditions implies that the Customer will be responsible for managing their access account and password with which they are granted access to the “Bear Bags Barcelona” website. www.bearbagsbcn.com . These Conditions apply in addition to the Electronic Commerce conditions.

The Customer will be responsible for maintaining the confidentiality of their User code and password for their account to access the content of the Website. www.bearbagsbcn.com, also being solely responsible for all activities that occur with your User or Account. The Customer agrees to immediately notify any unauthorized use of their account or any other breach of security. “Bear Bags Barcelona” will not be responsible for any loss or damage resulting from the loss of the account or its use without authorization from the account holder.

Any person who acts using the access codes of a “Bear Bags Barcelona” Customer, whether a collaborator, manager, etc., will be considered a representative of the Client and with sufficient powers to act as such and bind them.

Specific conditions

Likewise, “Bear Bags Barcelona” reserves the right to cancel both the operations and the Customer’s account at any time.

The Customer undertakes to use the information received confidentially and for strictly its own purposes and to refrain from distributing or reproducing, in whole or in part, and in any way, said information.

“Bear Bags Barcelona” reserves the right to modify its price list and offers without prior notice, and orders will be accepted subject to a possible modification in the price if typographical or any other errors are detected.

The price, unless expressly mentioned, does not include transportation, handling, taxes and other fees or supplementary expenses. These expenses will be borne by the Customer.

However, the above, in the invoice that “Bear Bags Barcelona” issues, the rate in force at the time of supply will be taken as the basis, regardless of the price indicated previously.

The deadlines for delivery of the material are merely informative and are not binding on “Bear Bags Barcelona”. Unless expressly agreed in writing with “Bear Bags Barcelona”, the Customer will not have the right to request the cancellation of an order or any compensation, including the return of shipping costs, in the event that there is a delay in the delivery of the product, due to circumstances beyond the control of “Bear Bags Barcelona”. The Customer may not refuse to pay the price of the products already delivered when partial supply of an order occurs by “Bear Bags Barcelona”.

Transport

The contracting of any service or product implies consent for your personal data to be provided to the transport company with which “Bear Bags Barcelona” deals at all times.

The risk of loss and/or damage in the transfer of the contracted merchandise transfers the Responsibility to the Transport company.

It is an essential condition that, at the time of receipt of the merchandise, any incident that may arise regarding the state of the merchandise, the packaging, the number of packages or any other information that may arise is indicated on the delivery note that is signed to the carrier. could be indicative of shipping anomalies. It is essential that you communicate this incident by fax or email to “Bear Bags Barcelona” within a maximum period of 24 hours from receipt of the material, in order to be able to act if necessary.

Delivery and deadlines

Since “Bear Bags Barcelona” makes its products by hand, delivery times may vary depending on available stock. Standardly they range between 2 and 5 business days. For any questions about the delivery of the order, you can contact hello@bearbagsbcn.com .

Right of withdrawal

The Customer, upon receipt of the Product, will have a period of 14 calendar days to exercise their withdrawal or revocation against “Bear Bags Barcelona” in accordance with the distance sales regulations regulated in the Revised Text of the General Law. of Defense of Consumers and Users. After this period, the products will be considered compliant and accepted by the Customer without possible claim. The right must be exercised against “Bear Bags Barcelona”, preferably by email to hello@bearbagsbcn.com . The following data must be included in the exercise:

1) Purchase invoice number

2) Name and surname of the customer

3) Product reference number

4) Number of units whose return is requested

Upon receiving this information, “Bear Bags Barcelona” reserves the right to authorize or not the requested return (RMA) depending on the condition of the product and, where applicable, its warranty. The return of the Product will only be accepted if it is made in the same condition in which it was delivered, that is, in its original packaging and without damage.

If upon receipt of a product it is found that it does not meet the RMA requirements, it will be returned to the Customer with postage due. The Customer, upon acceptance of the Product, will have a period of 7 days to send to “Bear Bags Barcelona”, by email or certificate, any claim regarding the invoices.

In any case, the user will assume the costs of transportation and return of the product that may be generated and, where appropriate, compensate for any damage to the object of purchase, all without consideration of penalty and with the exception of the value of the product that would be refunded as soon as possible.

Exclusion of the right of withdrawal:

• The original packaging must not have been used or opened.
• The original label must be kept.
• Must be returned in the original packaging
• That it is not a consumable or gastronomic product, as well as those products that are personalized.

According to article 103-Exceptions to the right of withdrawal, of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated text of the Law for the Defense of Consumers and Users and other complementary laws, all products personalized products that “Bear Bags Barcelona” offers, the right of withdrawal will not apply to personalized products.

Product changes:

Product exchanges are only allowed due to a labeling error or failure in the original product. To do so, you must send an email to hello@bearbagsbcn.com , indicating the order and name, as well as the product in which you are interested in having the change made. You will receive confirmation of availability according to the stock of the product.

Warranty

According to article 120, of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the term for lack of conformity It's two years. Likewise, Law 26/1984, of July 19, General for the defense of consumers and users, will also apply.

Due to its status as an intermediary, the guarantee that covers the Product delivered to the Customer is limited to that extended by the manufacturer, which must be consulted in each case. The warranty applies as long as the Product delivered to the Customer is used under normal conditions, such as those that may be described in the catalogues, instructions or manuals available to the user.

In the event of a defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the consumer and user. The seller is responsible for any lack of conformity that appears within a period of two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

If before the 14 calendar days of withdrawal period, from the delivery of the product, the user detects any defect, they may contact “Bear Bags Barcelona” by email at hello@bearbagsbcn.com , for processing the simple change of the product.

Responsibilities

“Bear Bags Barcelona” is not obliged to compensate the user or third parties for the consequences of the use of the product, whether direct or indirect damages, accidents suffered by people, damage to property unrelated to the product, loss of profit or loss of profits, damages that come or arise from a deterioration, or loss of data recorded by the user. Return shipping for defective products within the warranty period is the responsibility of the Customer since the manufacturer does not include the cost of shipping the material within the warranty.

If the Customer proves the existence of a breach or defective performance of the Contract attributable to “Bear Bags Barcelona”, it is expressly agreed that its responsibility will be limited to the return of the amount paid by the Customer and the acceptance of the return of the product motivated by the non-compliance, the parties establishing the optional possibility that “Bear Bags Barcelona” can send the contracted product in a second shipment and in case of impossibility, the sales contract will be deemed terminated.

The period granted for payment will be automatically deemed expired for Products already delivered and “Bear Bags Barcelona” will not be obliged to deliver the Products pending delivery, when any of the following circumstances occur:

1. a) A request from the Customer for payment deferral
2. b) If the Customer is found to be insolvent
3. c) If there is any overdue invoice unpaid by the Customer

If one of these situations occurs, “Bear Bags Barcelona” may immediately demand payment of what is due and resolve the operations in process, with simple notification to the Customer, in writing, without the Customer having the right to any compensation.

As long as the Customer has not fully paid the price and all amounts due as a result of the sale, the Product will be considered the property of “Bear Bags Barcelona”, with all inherent rights. The Customer will be considered custodian of the Products and must store them separately, clearly identifying them.

If, prior to full payment of the Products, the customer is subject to any seizure or blockage on his assets, the seizure procedure will expressly state that these are the property of “Bear Bags Barcelona”. If, despite this, they are seized, it will facilitate the exercise by “Bear Bags Barcelona” of the relevant third party domain, the costs of which will be borne by the Customer.

Payment Methods

Credit card, when the card details are included on the website, they are automatically encrypted and the secure payment gateway links directly to the bank to make the payment securely.

PayPal: if this means of payment is used, the form and conditions that PayPal offers for the use of its services will be followed, and its policies and conditions must be accessed.

Legislation and Jurisdiction

The law applicable to these general conditions of sale, as well as to any controversy related to this contract, will be Spanish law. Any controversy arising from this contract will be submitted exclusively to the Spanish Courts and Tribunals.

In the event that the purchasing party is domiciled outside of Spain, or in the case of a sale carried out by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Rubí (Barcelona). .

These include the content of the Electronic Commerce Law, Retail Trade Law and Royal Decree on telephone and electronic contracting among other related provisions.

“BB BCN 2023, SL”

All rights reserved