LEGAL DISCLAIMER
Conditions of purchase in the online shop www.balooshop.com
1. INTRODUCTION
This document (together with the other documents referred to in it) sets out the terms and conditions governing the use of this website and the purchase of products on this website (the "Terms and Conditions"). Please read the Terms carefully before using this website. When employing the website or placing an order through it, you agree to be bound by these Terms and Conditions, so if you agree to neither the Terms nor the Conditions, you should not use this website. These Terms and Conditions are subjected to change. It is your responsibility to read them periodically, since the prevailing condition in force at the time you use the website or enter into the contract (as defined below) will be those applicable to you.
2. OUR DATA
This website is operated under the name BALOOSHOP S.L., with a registered office at PLAZA DE LA VICTORIA Nº7, 29601, MARBELLA, MALAGA, SPAIN and ESB93660504.
3. YOUR DATA AND VISITS TO THE WEBSITE
The personal information or data that you provide about yourself will be processed in accordance with what is set out in the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that any information or data you provide us about yourself is truthful and corresponds to reality.
4. THE USE OF OUR WEBSITE
When making use of our website and placing orders through it you agree to:
a) Use this website only to make legally valid enquiries or orders.
b) Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
c) Provide us with your email address, postal address, and/or other contact details truthfully and accurately. Besides, you agree that we may use this information to contact you if it is necessary to see our Privacy Statement.
5. THE CONCLUSION OF THE CONTRACT
The information contained in the prevailing conditions and the details contained in this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the debit will be refunded to you in full.
To place an order, you will need to follow the online ordering procedure and click on
the section "Payment by card". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will process the order afterwards and proceed to shipment. The contract for the purchase of a product between you and us will only be formed when we send you the Dispatch Confirmation. The Contract will only apply to those products listed in the Order Confirmation. We will not be obliged to supply you with any goods that may have been ordered until we confirm the order to you.
6. PRODUCT AVAILABILITY
All the orders of the products are subjected to their own availability.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website and to remove or modify any material or content at any time. Although we will always do our best to process all the orders, there may be exceptional circumstances that may require us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time, at our sole discretion.
We will not be responsible to you or to any third party for the withdrawal of any product from this website, regardless of such product has been sold or not, removed or modified, or for refusing to process an order once we have sent you an Order Confirmation.
8. DELIVERY
Without prejudice to the provisions of the 7th clause, regarding the availability of the products, we will endeavour to dispatch the order consisting of the product(s) listed on each Dispatch Confirmation by the delivery date stated on it or, if no delivery date is specified, on the delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
l customisation of products;
l specialised items;
l unforeseen circumstances;
l delivery zone;
If for any reason we are unable to deliver on time, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date. For the purposes of these Conditions, "delivery" will be deemed to have taken place, or “the order has been delivered at the time of signing for its receipt at the agreed delivery address.
9. IMPOSSIBILITY OF A DELIVERY
If after two attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note indicating where your order is and how to pick it up.
In case that 15 days after your order is available for delivery and it has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, you will be given a voucher for the amount of the purchase that you may have paid, with no expiry date, within a maximum period of 30
days from the date on which we consider the Contract to be terminated. In such cases, we will be authorised to charge you for the transport costs arising from the shipment and the termination of the contract.
10. RISK TRANSFER AND PROPERTY OF PRODUCTS
The risks of the items will be your responsibility from the time of the delivery. You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including delivery charges, or amounts due in respect of the goods, including delivery charges, or at the time of delivery (as defined in clause 9 above) if it takes place at a later time.
11. PRICE AND PAYMENT
The price of each product will be stated on our website, except in the case of an obvious error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to contact you, the order will be considered to be cancelled and you will be reimbursed in full for any amounts paid.
We are not obliged to supply you with any goods at the incorrect lower price (even if we have sent you a notification message on your delivery) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you.
The prices on this website include VAT, but exclude shipping costs, which will be added at the end of the order before it is confirmed. Prices are subjected to change at any time, but any changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to purchase will have been added to your bag and the next step will be to process the order and make payment. To do this:
l Click on the "Shopping Bag" button at the top of the page.
l Click on the "View Bag" button.
l Click on the "Process Order" button.
l Fill in or check the contact information, the details of your order, the address to which you would like the order to be sent, and the address to which the bill should be sent.
l Enter your credit card details.
l Click on "Authorise Payment".
Payment can be made by Visa, MasterCard, and American Express. To minimise the risk of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will pre-authorise your credit card to ensure that there are sufficient funds to complete the transaction. As soon as your order leaves our stores, your credit card will be charged.
By clicking "Authorize Payment" you are confirming that the credit card is yours. Credit cards will be subjected to verifications and authorisations by the credit card issuer. Nonetheless, if the credit card issuer does not authorise payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any contract with you.
12. VALUE ADDED TAX (VAT)
Per the article nº 68 of the following law on Value Added Tax, 37/1992 of 28 December 1992, the supply of the goods will be deemed to take place in the territory where Spanish VAT applies if the supply address is in Spain except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be applied at any given time legally depending on the specific article in question.
For orders destines to those places, deliveries will be exempt from VAT in accordance with the provisions of article nº 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties under the regulations of each territory.
13. REFUND AND CHANGE POLICY
1.Legal right to withdraw from the purchase
Under the applicable law, if you are contracting as a consumer, you have the right to
withdraw from the contract (except where the subject matter of the Contract is any of the products for which the right of withdrawal is excluded in Clause 14.3 below) at any time within 15 working days from the date of delivery of your order.
In no event will you be refunded the price paid for such products but you will be offered the possibility of exchanging them for another product or for a voucher for the amount of the purchase you have made, the latter with no expiry date. You will be responsible for the direct costs of returning the product if you do not return the product directly to the shop as mentioned in Clause 14.3 below.
You may prove that you have exercised your right of withdrawal in any way that is legally admitted, being considered in any case validly exercised such right by sending the withdrawal document provided by us or by returning the products.
This provision does not affect other consumer rights recognised by current legislation.
2. Contractual right of withdrawal.
In addition to the legally recognised right of withdrawal of consumers and users and mentioned in Clause 14.1 above, we will grant you a period of 15 days from the date of the Dispatch Confirmation to return the products (except for those mentioned in Clause 14.3 below, for which the right of withdrawal is excluded).
In this case, you will be given a voucher for the amount of the purchase that you may have paid for with no expiry date. You will be responsible for the direct costs of returning the product if you do not return the product directly to the shop mentioned in Clause 14.3 below. You must exercise your right of withdrawal by sending us the withdrawal form provided by us.
3. Common provisions
Your right to withdraw from the contract will apply only to those products which are returned in the same condition in which they have been received. Please return the
item using or including its original packaging. You must also include all instructions, documents, and packaging. In any case, you must hand over together with the product to be returned, the receipt which you will have received at the time of delivery. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so you should be careful with the products while you return them. You will find a summary of how to exercise this right of withdrawal when you receive your Dispatch Confirmation.
l Exchange in stores:
You can return the products to our BALOO shop at PLAZA DE LA VICTORIA Nº7, 29601, MARBELLA, MALAGA, SPAIN. In this case, you will have to go to the shop and the item together with the return document (hereinafter "receipt") that you will have received at the time of delivery.
l Returns by courier
Unless you choose to return in the shop, you will be responsible for the cost of return. Please, note that if you choose to return the goods to us carriage forward, we will be
entitled to charge you for any costs we may incur. After examining the item we will let you know if you are entitled to an exchange, which will be made as soon as possible. The new article or the voucher for the amount you may have paid for without expiry date will be delivered to you within 15 days from the date on which the exchange was approved. If you have any questions, do not hesitate to contact us via our contact form.
l The return of any faulty/defective item
In the case in which you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately by means of our contact form, providing the product details as well as of the damage it suffers. We will tell you how to proceed afterwards.
The product can be returned to our BALOO shop at PLAZA DE LA VICTORIA
Nº7 29601 MARBELLA MALAGA SPAIN or by sending it to us by our courier service.
We will proceed to examine the returned product carefully and will inform you by email, if it is necessary to EXCHANGE or replace it (if applicable) within a reasonable period of time. The EXCHANGE or replacement of the item will be carried out as soon as possible and, in any case, within 15 days from the date on which we send you an email confirming the return or replacement. The rights recognised by current legislation remain unaffected.
14. RESPONSIBILITY AND LIABILITY DISCLAIMER
Unless it is expressly stated in the subsequent Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product. Notwithstanding our liability will not be excluded or limited in the following cases:
l In the case of death or personal injury caused by our negligence.
l In the case of fraud or fraudulent misrepresentation.
l In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
l Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will accept no liability for the following losses, howsoever arising:
l Loss of income or sales;
l Loss of business;
l Loss of profit or loss of contracts;
l Loss of anticipated savings;
l Loss of data; and loss of management time or office hours.
Due to the open character of this website and the possibility of errors in the storage and transmission of digital information that it may have, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is expressly stated on this website. All product descriptions, information, and materials this website contains are provided as a body of fact, without expressing any implied warranties.
To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded to consumers and users. The provisions of this clause will not affect your statutory rights as a consumer and user, nor your right of withdrawal.
15. COPYRIGHT
You acknowledge and agree that all copyright, trademark, and other intellectual property rights in any materials or content provided as part of the website will remain with our licenser or us at all times. You may only make use of such material in the manner in which it is authorised to do so. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. PIRACY, VIRUS, AND OTHER CYBER ATTACKS
You must not misuse this website by employing malicious programs such as viruses, Trojan horses, worms, logic bombs or any other program or material that may be technologically harmful. You should not attempt to obtain unauthorised access to this website, or to any server, computer or database that is connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed-denial-of-service attack.
Non-compliance with this clause could lead to the commission of infringement offences under applicable law. We will report any such breach to the relevant authorities and will co-operate with them in order to establish the identity of the offender. Furthermore, in the event of a violation of this clause, you will immediately cease to be authorised to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or deleterious programs or materials that may affect your computer, computer equipment, data or materials as a result of the usage of this website or the plausible downloads of any content from it.
17. ACCESSIBLE LINKS FROM OUR WEBSITE
In the case that our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
18. WRITTEN REMINDER
Applicable regulation requires that some of the information or communications we send to you must be written. By using this website, you agree that most of these communications will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you consent to use these electronic means of communication and you acknowledge that any contracts, notices, information, and other communications we send to you comply with the legal requirements mentioned above. This condition will not affect your statutory rights.
19. NOTICES
The notifications should be sent preferably via our contact form. In accordance with the provisions of clause 19 above, unless they are stipulated otherwise, we may send communications to you either by email or to the postal address provided by you when placing an order.
It will be understood that the notifications have been correctly received and made at the same moment they are posted on our website, 24 hours after an email has been sent or three days after the postmark date of any letter. For to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered at the post office or in a letterbox. In the case of an e-mail, it is will be enough to prove that it was sent to the e-mail address specified by the recipient.
20. TRANSFER OF RIGHTS AND REQUIREMENTS
The subsequent agreement binds both you and us and our respective successors, assigns, and assignees. You may not convey, assign, encumber or otherwise transfer an agreement or any of the rights or obligations under it to or for yourself without our prior written consent.
On the contrary, we may convey, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of the rights or obligations under it to or for us at any time during the term of it. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers should not affect the rights, if any, that you have as a consumer under the law. Additionally, they should not waive, reduce or otherwise limit any of the rights that you have and which are stipulated on the contract.
21. EVENTS THAT ARE BEYOND OUR CONTROL
We will not be responsible for any failure to perform or delay in performance of any of our obligations under a Contract which is caused by events beyond our control ("Force Majeure Cause"). Force Majeure causes will include any act, event, failure to perform, omission or accident beyond our reasonable control, omission or accident beyond our reasonable control, including the following ones:
l Strikes, lockouts or other industrial actions.
l Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
l Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
l Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
l Impossibility of using public or private telecommunication systems.
l Acts, decrees, legislation, regulations or restrictions of any government or public authority.
l Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.
It will be understood that our obligation will be deemed to be suspended during the Force Majeure Event and we will have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to fulfil our obligations despite the Force Majeure Event.
22. WAIVER
Any failure on our part that requires strict performance by you of any of your obligations under a contract or these any of your obligations under a contract or these Conditions or our failure to exercise any right or remedy available to us. Conditions or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or these any rights or remedies which may be available to us under any such Agreement or these Conditions will not constitute a waiver or waive or limit any such rights or remedies or relieve you from any such obligations.
you from complying with such obligations.
No waiver by us of any particular right or remedy will constitute a waiver of any other rights or remedies under the Agreement or the Conditions. any other rights or remedies under the Agreement or the Terms.
No waiver by us of any of these Terms or of any right or remedies under the contract will not be effective unless it is expressly stated to be a waiver as well as formalised and communicated to you in a written form in accordance with the provisions of the section mentioned beforehand.
23. PARTIAL ANNULMENT
If any of these conditions or any provision of an agreement is declared null and void by a competent authority, the remaining terms and conditions will remain in force and will not be affected by such declaration of nullity.
24. FULL AGREEMENT
These terms and any document expressly referred to them constitute the entire agreement between you and us relating to the subject matter of the contract and any prior covenant or agreement between you and us orally or in writing. We both acknowledge that we have consented to the conclusion of the contract without relying on any representation or promise made by us or any other party.
Neither you nor we will have any remedy in respect of any untrue statement made by the other party, either orally or in writing, prior to the date of the contract (unless such misrepresentation was made fraudulently), which the only action that the other part will be for breach of contract in accordance with the provisions of the Conditions that have been mentioned beforehand.
25. OUR RIGHT TO MODIFY THE CORRESPONDING TERMS AND CONDITIONS
We have the right to revise and modify these Terms at any time. You will be subjected to the policies and Conditions in force every time you use this website or place each order unless we are required to make retroactive changes to these Policies, Conditions or Privacy Statement, by law or governmental agency decision, in which case any such changes will also affect any orders you have placed with us.
26. APPLICABLE LAW
The use of our website and contracts for the purchase of products are governed by Spanish law. Any dispute arising out of or in connection with the use of the website or with such contracts will be subjected to the jurisdiction of the Spanish courts.
If you are signing a contract as a consumer, nothing in this clause will affect your rights as a consumer under current legislation.
27. POTENTIAL COMMENTS AND SUGGESTIONS
Your comments and suggestions will always be welcomed. We kindly ask you to send us potential comments and suggestions via our contact form. We also have official complaint forms available for consumers and users. You can request them per our contact form.