General contract condicions
General contract conditions
1.1. Welcome to the website www.boboli.es (hereafter also boboli.es or "website"). The purchase of products on boboli.es presupposes that, prior to commencing the contracting process, these General Contract Conditions (hereafter also: "General Conditions"), which govern the contracting process in which the party responsible for the contractual offer is STAR TEXTIL, S.A., based in Spain have been read, understood and accepted.
1.2. The consumer is informed of the present General Contract Conditions, which are known to the consumer prior to entering the contracting process, and commits to accepting them in their entirety and without reservation, as well as any specific condition that may exist, by clicking on "I have read and accept the General Conditions".
1.3. a) Contracting process: Select the kind of product you want on the website and the screen describing the product’s details will open. If you want to buy it, you must register by filling out the registration form. Once you are registered and provided you wish to continue with the purchase, the payment gateway for you to enter your bank details will open. You must read and accept the General Contract Conditions and proceed to payment. Once the steps set out have been appropriately fulfilled, the contracting process will be complete;
b) Storage and accessibility of the electronic document: We store the electronic document in which the contract is formalised. You are permitted to have access to it and we will provide it you it if you send an email to the contact address that appears in the clause: "Identification of the parties";
c) Identifying and correcting errors when entering the data: Our contracting process allows you to check and amend errors before completing the contract. Once the contracting process is complete you may: call the STAR TEXTIL telephone number (937589909) on working days that are neither local festivals nor weekends (Monday to Thursday 9am-1pm and 3pm to 5.30pm; Friday 9am-1pm); or send an email to the contact address that appears in the clause, "Identification of the parties", and ask for the correction of the data you consider appropriate;
d) Language: the language in which the contract is concluded is Spanish.
2. IDENTIFICATION OF THE PARTIES
2.1. The responsibility for the contract offer is STAR TEXTIL, S.A. (hereafter also: “STAR TEXTIL”), a limited company of Spanish nationality whose registered address is A7 Llinars Park, calle de la Física, número 18-20, CP 08450, Llinars del Vallès (Barcelona, Spain), registered in the Barcelona Business Register in volume 4673, folio 64, sheet 50419, entry 1ª, with tax registration number A08697898.
2.2. You can contact STAR TEXTIL through our Customer Services by going to the "Contact Us" section of boboli.es and selecting the appropriate option, by using the contact telephone number 937589909 during working hours that are neither public holidays nor weekends, or by using the email address: firstname.lastname@example.org.
2.3. The consumer is the person who acquires the existing products and/or services on the website and must be over eighteen (18) years old and have full capacity to act and to enter into contracts.
3.1. The purpose of the General Conditions is to determine the legally applicable conditions in the purchasing process between STAR TEXTIL and the consumer to allow the purchase of the goods and/or services supplied by STAR TEXTIL.
4. OUR COMMERCIAL POLICY
4.1. STAR TEXTIL offers the products for sale on boboli.es exclusively to end consumers who are physical persons of legal age acting on boboli.es for purposes other than those concerned with the commercial, business or professional activities they may perform. If you are not the end consumer, we invite you to refrain from making commercial transactions on boboli.es.
4.2. STAR TEXTIL reserves the right not to process orders that differ from the conditions established in the last point.
4.3. These General Conditions exclusively govern the supply, the acceptance of purchase orders and the shipping of products to the consumers of boboli.es.
5. HOW TO MAKE AN ORDER
5.1. As indicated, before proceeding to the purchase of the products by sending the order form, the User[TH1] will be asked to read the present General Conditions carefully and expressly accept them. We recommend that all Users print out a copy and store it or make another copy for their personal use.
5.2. To order one or more products on boboli.es, the User must follow the steps in the purchasing process indicated: registering themselves, providing the data requested, confirming the purchase of the products added to the Cart and making the payment of the order.
When the User confirms the purchase of the products in the Cart, they will be provided with all the information relating to the order in process (including the costs associated with the transport of the order to the specified address) and all the corresponding contractual data.
5.3. The User acquiring products on the website commits to paying at the moment they confirm the purchase. Hence, the order will not be processed until the moment STAR TEXTIL receives confirmation of payment.
5.4. Once the order is finalised, the User will receive an order confirmation by email, detailing the products acquired and their prices, delivery costs, method of payment, delivery address and the contractual details of the transaction.
5.5. The orders will be stored in the STAR TEXTIL database for a period of time not exceeding the limits established by the applicable legislation. The User can access their orders by entering the section "My Account: Orders".
5.6. STAR TEXTIL may refrain from processing orders made by Users who do not provide sufficient guarantees of solvency, which turn out to be incomplete or incorrect, those whose payment confirmation is not received within 48 hours and also in cases where the products chosen are unavailable.
In such cases, STAR TEXTIL will inform the User by email that the order has not been processed correctly, adequately specifying the reasons why, and, where appropriate, will carry out the refund of the sum paid in advance for the unavailable products.
6. PRODUCTS AND PRICES
6.1. On boboil.es only BÓBOLI brand products are on sale.
6.2. STAR TEXTIL reserves the right to decide, at all times, the products it offers through boboli.es. In particular, STAR TEXTIL may at any time add products to the online store or remove them from it.
6.3. The essential features of the products are presented on boboli.es in each product information file based on the information supplied by the provider. Despite the scrupulous care given by STAR TEXTIL to the accurate representation of the images and colours of the products on sale on boboli.es, they may, nevertheless, not precisely reflect the reality due to the particular characteristics of the internet browser or screen used by the User.
6.4. The prices of the products on sale on boboli.es always appear in euros and include the corresponding VAT. To these prices the appropriate delivery costs are added. The User will be informed of the delivery rates prior to finalising the order, and must expressly accept them before confirming the purchase.
6.5. The prices of the products may be subject to updates.
For this reason, when the User enters the webpages on which prices appear, they undertake to ensure that they are viewing the most up-to-date version and not a previous version that their device has saved in an internal memory. It is for this reason that upon accessing the prices they agree to click on the icon: "Update".
The prices that STAR TEXTIL applies to each order will be valid at the time the User confirms the purchase of the products added to the Cart, regardless of the delivery date. Check the final sale price before confirming the order.
7. ORDERS AND METHOD OF PAYMENT
7.1. The User that acquires products on the website commits to paying at the moment they confirm the purchase.
7.2. Payment of the price of the products and the applicable delivery costs can be made using a Spanish credit or debit card (VISA, MASTERCARD, VISA ELECTRON and other similar), Paypal or gift voucher.
STAR TEXTIL commits to using the most effective and secure current technology to send the data and payments in each transaction. These deliveries will always be encrypted through a secure server.
7.3. The financial institution that issues the bank card with which payment is made must be a Spanish bank or savings bank.
7.4. If the User makes the payment using a credit or debit card, the bank details will be transferred through a secure protocol to La Caixa or other banks responsible for providing the respective remote electronic payment services, without any third party being able to, in any case, have access to them. This data will never be used by STAR TEXTIL other than for the purposes of completing the processes relating to the purchase, issuing the corresponding refunds in the case of eventual returns, and preventing and informing the police forces of any fraud or attempt to commit fraud on boboli.es.
7.5. The price of the purchase of products and delivery charges will be debited to the User's current account at the time of confirming the order.
7.6. Within the maximum period of 24 hours from the receipt of the payment confirmation, STAR TEXTIL will send the User, via email, a confirmation of the purchase, including the order number. This confirmation has no validity as an invoice, merely as a proof of purchase.
7.7. The invoice corresponding to the purchase order will be available and able to be viewed on boboli.es in the section My Account: Orders.
7.8. At any moment prior to the completion of the contract, the User may cancel their order and, once the contract is finalised, must respect what is established in the section on the Waiver and the present General Conditions.
8. SHIPPING AND DELIVERY OF PRODUCTS
8.1. The territorial domain of the sales through boboli.es exclusively includes Spanish territory (peninsula and Balearic Islands), meaning that the delivery service will only be made in this territory. Boboli.es does not ship orders abroad nor does it, for the moment, to the Canary Islands, Ceuta or Melilla.
8.2. STAR TEXTIL undertakes to deliver the products in perfect condition to the address the User indicates on the order form, as long as, in all cases, it is within the territory indicated above. In order to optimise orders, we recommend the User provide an address at which the delivery may be made within normal working hours.
8.3. STAR TEXTIL will not be responsible for delivery errors caused when the delivery address given by the User on the order form does not correspond to the reality or has been omitted.
8.4. The maximum period established for delivery by default in the law is thirty (30) days. Nevertheless, STAR TEXTIL's normal delivery period is 3-6 working days from the order date.
- These periods are averages and, therefore, an estimate. Hence, it is possible that they may vary for logistical reasons or due to force majeure. If delays to deliveries result, STAR TEXTIL will inform its clients when we become aware of them.
- Each delivery is considered complete from the moment the delivery company places the product at the disposal of the User, which is carried out through the carrier company’s monitoring system.
- In the case of delays to deliveries attributable to STAR TEXTIL, the User may cancel their order in the manner set out in the "Returns" section, as if dealing with a defective product, without incurring the costs of shipping and return. Cases where the order has been placed at the disposal of the User by the carrier company within the agreed time period but has not been able to be delivered for reasons attributable to the User shall not be considered delays.
8.5. If at the time of delivery the User is absent, the carrier will leave a note describing the steps to be taken to organise a new delivery.
8.6. If 7 working days after shipping the delivery has not been completed the User should get in touch with STAR TEXTIL. If the User does not do this, after 10 working days from the shipping of the delivery, it will be returned to the STAR TEXTIL warehouse.
8.7. If delivery has been unable to be completed due to misplacement of the package, our carrier will begin an investigation. In these cases, the time period for our carriers to reply is normally between one and three weeks. In these cases, STAR TEXTIL will contact the User to decide whether to cancel the order and credit the amount paid (costs of the products and delivery), or if a new order is to be sent at no additional cost.
8.8. At the time of delivery, the User should check the package is in good condition in front of the carrier company delivering the requested product on behalf of STAR TEXTIL, indicating any anomaly detected in the packaging on the delivery docket. If, once the product has been checked, the User detects any incident such as an impact, breakage or any imperfection caused during shipping, this should be communicated by email to STAR TEXTIL in the shortest time period possible so as to be able to process the return.
9. WAIVER, DEFECTIVE PRODUCTS AND RETURNS
9.1. In accordance with the legal regulations the User has the right to leave this contract within the period of 14 calendar days without the need for justification. STAR TEXTIL offers the User a withdrawal period longer than the legal, which is 30 days.
Nevertheless, exercising the right of withdrawal does not apply to the User for products relating to swimwear or underwear that have the hygiene seal removed, in accordance with article 103 e) of Royal Legislative Decree 1/2007, of the 16th of November approving the Consumer Protection Act, as these goods are not appropriate for return for reasons of health and hygiene protection once the hygiene seal has been removed after delivery.
9.2. To exercise your right of withdrawal:
- The User may exercise this right in the manner they deem appropriate, and should provide evidence of it in any manner permitted by law. We offer you this opportunity in the section "My Account/Returns", where you should follow the steps to carry out this process. You may use the withdrawal form shown below, though its use is not compulsory.
- In the message, the User must specify the order number, the references of the products returned, the collection address and their preference in terms of collection time (morning or afternoon).
- STAR TEXTIL will get in touch to organise the date and the time to collect the product to be returned.
To comply with the withdrawal period, the communication of the exercise of this right on your part should be sent before the corresponding time period elapses.
9.3. Consequences of withdrawal:
In the case of withdrawal on your part, we will return all payments received from you, including delivery costs (with the exception of the additional costs resulting from the choice on your part of a method of return other than the least expensive delivery method we offer) without undue delay and, in all cases, taking no more than 14 calendar days from the date you inform us of your decision to withdraw from the present contract. We will make the refund using the same method of payment used for the initial transaction, unless you expressly state the contrary; in no case will any charge be applied as a result of the refund.
We may withhold the refund until we receive the goods or until you have presented a proof of the return of the goods, whichever happens first.
In the case of returning goods due to lack of conformity, the costs of return will be charged to STAR TEXTIL.
You will be solely responsible for the reduction in value of the goods that results from uses other than those necessary to establish the nature, characteristics and functioning of the goods.
9.4. Sample withdrawal form:
(If you wish to withdraw from the contract please fill out and send this form).
- For the attention of (here you should insert the name of the businessperson, their full address and, if you have them, their fax number and email address).
- We hereby I/we (*) communicate my/our (*) withdrawal from our contract of sale of the following goods/provision of the following service (*).
-Order on/received on (*).
-Name of consumer and User or of consumers and Users.
-Address of consumer and User or of consumers and Users.
-Signature of consumer and User or of consumers and Users (only if this form is submitted on paper).
9.5. If the User has access to any Bóboli store, returns may be made there within 30 calendar days of the date of purchase.
- The User must proceed to a Bóboli store with the product/s that they wish to return and the purchase invoice.
- A voucher for the value of the product will be issued to them; in no case will money be returned with in-store returns.
9.6. It is not possible to exchange one product for another. If a User wishes to make an exchange, they must return the original product and, in parallel, carry out a new order to purchase the desired product.
9.7. The refund as a result of the return will be applied to the User's account in the shortest time period possible starting from the receipt of the products by STAR TEXTIL. The refund will be made to the same card used for payment and will be available within 48 hours for debit cards and up to 30 days for credit cards. In the case that the recipient of the products and the person who made the payment of the order are not the same person, STAR TEXTIL will refund the price of the return to the person who made the payment.
9.8. If the reason for return is attributable to STAR TEXTIL (defective or erroneous product, etc.), the use of this service is free.
10. PRODUCT GUARANTEE
10.1. STAR TEXTIL acts as distributor of Bóboli brand products. In this regard, it is the manufacturer of the products who guarantees that the products sold through the online store neither present defects nor contain hidden defects that make them dangerous or unfit for their normal use.
10.2. The contractual guarantee provided by the manufacturers is that which corresponds to them in accordance with the applicable legislation.
11. CUSTOMER SERVICE
11.1. For any clarification, incident or complaint, the User may contact STAR TEXTIL's Customer Services by: going to the "Contact Us" section on boboli.es and selecting the appropriate option; using the contact telephone number: 937589909 during working hours on days that are neither public holidays nor weekends; or writing to the email address: email@example.com.
12.1. STAR TEXTIL will make complaints forms available. If you need to use them, you can send a request to the following email address: firstname.lastname@example.org. You may also use this email address to make complaints or make them directly to Customer Services.
13. DATA PROTECTION
13.2. STAR TEXIL fulfils all the requirements established in the current regulations in terms of the protection of personal data. All the data for which we are responsible is handled in accordance with the legal requirements, following the security measures, both technical and organisational, that guarantee confidentiality.
13.3. The User commits to ensuring the information and data provided to STAR TEXTIL is real and truthful.
13.4. We inform you, and the User expressly consents, that the personal data provided to us, and that resulting from their relationship with us, will be included in a file or files kept by STAR TEXTIL for the purposes of maintenance, compliance, development, monitoring, handling of their purchases, doubts or problems of a technical or commercial nature, the status of orders and other generic information requests.
Likewise, the User's data may be handled and/or communicated to third parties for the fulfilment of the existing legal and/or contractual obligations.
If the User provides the personal data of third parties now or in the future they guarantee that, before doing so, they have informed and requested the consent of the third parties on the points established in this "Data Protection" clause.
13.5. The User may at any time exercise their rights to access, rectification, opposition and cancellation by writing to STAR TEXTIL, A7 Llinars Park, Calle de la Física, número 18-20, 08450, Llinars del Vallès (Barcelona, Spain), or by sending an email to the address that appears in the first clause, including, whichever method is chosen, a copy of the ID card or equivalent identifying document of the owner of the data.
13.6. In the contracting process, among others, details relating to the credit or debit card will be requested, which will be sent to the entity that processes the payment. This request will be carried out with the main purpose of validating the card and payment of the article or articles requested and in response to the free and legitimate acceptance of the legal relationship between the User and STAR TEXIL, the development, compliance and control of which necessarily involves the connection of this handling with third-party files, which is legitimate in relation to the fulfilment of the specific purposes.
13.7. On our website there are no hyperlinks that allow your data to be sent to other websites. In terms of cookies, in the case that they exist, you should consult our cookies policy.
13.8. For all of the above it shall be understood that, when providing your data you expressly authorise us to handle it in accordance with the above.
14. MODIFICATION AND UPDATE OF THE CONDITIONS
14.1. STAR TEXTIL reserves the right to change the present General Conditions at any time, without the need to give prior notice to the User, who, in all cases, has sole responsibility for checking the Conditions as a prior and indispensable condition for the acquisition of any product available through boboli.es. In any case, the General Conditions that are set out on the website at the time the User acquires the corresponding products shall be considered valid and applicable.
14.2. In the case that any clause in the present General Conditions is declared void, the rest of the clauses will remain applicable and will be interpreted taking into account the will of the parties and the purposes of the present General Conditions themselves.
15. EXCLUSION OF LIABILITY
15.1. STAR TEXTIL declines any kind of responsibility that may result from the incorrect use by internet users of the website and the online purchasing process.
15.2. It also declines any responsibility for possible damages caused by third parties which are not attributable to STAR TEXTIL.
15.3. STAR TEXTIL shall not be responsible in the case of interruptions to service, delays, errors, malfunctioning and, in general, other inconveniences that have their origins in causes beyond the control of STAR TEXTIL and/or are due to wrongful or unlawful actions on the part of the User and/or have their origins in force majeure or unforeseeable circumstances.
15.4. With regard to links or hyperlinks that are external to STAR TEXTIL, in the case that there is a connection, it will be made for information purposes only, they are not under the control of STAR TEXTIL and, therefore, STAR TEXTIL will not be responsible for the information they contain.
16. VALIDITY OF THE GENERAL CONDITIONS
16.1. If any of the clauses in the present General Conditions are considered void or inapplicable, it will not affect the rest of the clauses, which will remain valid.
17. APPLICABLE LEGISLATION AND JURISDICTION
17.1. For cases in which the legislation foresees the possibility of the parties choosing the applicable law, both parties, with express renunciation of all other laws that may apply to them, shall be governed by Spanish legislation. For cases in which the legislation foresees the possibility of the parties submitting themselves to a court, both parties, with express renunciation of any other jurisdiction that may apply to them, are subject to the jurisdiction of the judges and courts of the city of Barcelona (Spain).