GENERAL CONTRACT CONDITIONS
- PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS :
(hereinafter also the General Conditions or CGC) :
On the one hand, the supplier of the products, BRUSSOSA, SL , whose trade name is (hereinafter also the provider) , with registered office at Via Augusta nº 14-º6, Baixos,, 08006 Barcelona, BARCELONA, NIF B66008715 , telephone customer service 934960719 , and e-mail: firstname.lastname@example.org , being the owner of the website www.brussosa.com , exposes the contractual document that will govern the contracting of products through the aforementioned website.
And on the other, the User – Client ( hereinafter the User) , registered on the website by means of a username and password, over which they have full responsibility for the use and custody, being responsible for the veracity of the personal data provided to the lender.
BOTH accept this document, and implies that the user:
- You've read, you understand and you're agree with this text.
- That he is a person of legal age and with sufficient capacity to contract.
- That he assumes all the obligations set forth herein.
- That you have read and accept these general conditions of purchase from the moment you purchase any product offered.
This document can be printed and stored by Users.
The provider makes the e-mail address email@example.com available to them so that they can raise any questions about these conditions.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the provider's website www.brussosa.com.
The provider reserves the right to unilaterally modify said General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products . BRUSSOSA, SL is not responsible for any loss of data, files or any damage resulting from a backup failure by the User of the data contained in the purchased products such as memory cards.
BRUSSOSA, SL is not responsible for the consequences that may result from improper use of the products for sale on the web.
The civil liability of BRUSSOSA, SL for the products supplied is limited to the amount thereof, the user waives claiming any liability to BRUSSOSA, SL for any reason in any case of dissatisfaction with the products purchased on the website www.brussosa.com , as well as possible failures, slow access or errors in accessing the website, including loss of data or other information that may exist on the computer or network of the user who accesses the website www.brussosa.com.
BRUSSOSA, SL is a company specialized in the physical and distance sale of bags and accessories.
- Object of the Contract :
2.1 Scope of application : The purpose of this contract is to regulate the contractual purchase-sale relationship born between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.
2.2 Territory of application : The virtual store of www.brussosa.com is active throughout Europe.
2.3 Capacity to contract : In order to place an order you must be of legal age and have the capacity to contract.
2.4 Customer Acceptance : The validation of an order through the website www.brussosa.com is done by email and also implies the automatic acceptance of the GCC. These conditions are available on the web www.brussosa.com or, if you wish and request, we can make it available to you by email.
2.5. Modification of the General Conditions of Contract : BRUSSOSA, SL reserves the right to make changes and/or modifications in these GCC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which the order was placed will apply.
- INFORMATION PROVIDED ON THE WEB www.brussosa.com:
3.1 Publication of prices : The prices of the products are those shown in each product on our website www.brussosa.com.
3.2 Product information: The contents of www.brussosa.com are constantly renewed and updated to offer our clients the most complete and detailed information possible. All the contractual information present in www.brussosa.com are displayed in Spanish (Castilian) and communication with clients and users, as well as the formalization of the contract, will be carried out in this language, although, if the client so wishes, it can be done in Catalan or another language. language always indicating it before starting the contracting procedure.
3.3 Availability of the product(s): There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4 Right of Cancellation: BRUSSOSA, SL reserves this action (right to cancel) the shipment of a specific product that does not meet the quality requirements imposed on all products of www.brussosa.com . In the event that this lack of quality is detected, the BRUSSOSA, SL Customer Service will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The hours for receiving orders are twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after nineteen (19:00) hours will not be processed, leaving for the next business day in Barcelona. Orders received on Fridays will be processed so that they arrive on Monday or the next business day, in the peninsula or as stipulated in the corresponding section for orders from outside the peninsula.
3.6 Fraud : If BRUSSOSA, SL suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
- PURCHASE PROCEDURE :
In order to access the products offered by the provider, the user must register through the website by creating a user account. To do this, the user must freely and voluntarily provide the personal data that will be required.
The provider's own web system will send an email to the email account you have provided with the access data to your account (it will assign you a username and password), committing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of the loss or theft of the same or of possible access by an unauthorized third party, in such a way that it proceeds to block it immediately. You can change the password provided from the “my account” panel.
The user may not choose as user name words that are intended to confuse others by identifying him as an integral member of the provider, as well as profanity, insulting expressions and, in general, contrary to the law or the requirements of morality and good manners.
Once the user account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
- Choose the product by clicking on it, and it will be automatically added to the "shopping cart".
- If you want to add more products, you must select the "Continue shopping" option. If by mistake you have added something that you did not want, you must click on the option to remove it from the shopping cart.
- Once you have chosen the product(s), you must click on the finish tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen payment method).
- The user's credentials will be requested in two ways:
- If you are already registered and are already a customer: you can access your data by clicking on the already registered user button, insert your username and password.
- Purchase as a Guest: a series of personal data is requested to be able to place the order and the subsequent delivery, and then the user's consent is requested to save their data. If you lend it, product information is saved and sent to you if you allow it, otherwise the data will be saved for future purchases only.
Check your email inbox for spam and junk mail controls and always check that the contact details you provide are correct.
- To finish the process, you must click on the Finish button
In any case, the provider's contracting platform will inform the user, once the contracting procedure is finished, via email regarding all the characteristics, price, forms of transport, contracting date and delivery times of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must immediately notify the e-mail address that will appear on the web to proceed with the correction of this error.
If you have any questions, you can contact our Customer Service through any of the methods provided on the web. www.brussosa.com .
BRUSSOSA, SL will provide Customer Service free of charge through our contact email firstname.lastname@example.org, if you choose another alternative means of communication, the user is the one who must bear the particular cost of it.
BRUSSOSA, SL puts at your disposal telephones in Spain subject to the cost of your telephone operator.
BUY AS GUEST
This website also allows purchase through the guest checkout functionality. In this purchase mode, you will only be asked for the essential data to be able to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
- Shipping :
5.1 Transport company : they will be carried out through the NACEX Company, whose Customer Service telephone number is 900 100 000 .
5.2 Shipping costs: Standard shipping costs will be applied as follows:
For shipments to the peninsula: €0.
For shipments that must be made outside the peninsula, the Canary Islands, Ceuta and Melilla: €30.
When the user-client adds the product to the cart and confirms the shipping address, the system allows him to calculate the shipping price.
5.3 Shipping address :
Shipping Address : The delivery of orders will be made at the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control company. shipments, assigned for this purpose, as is the absence of the recipient.
Likewise, the website allows the user to pick up their order at the registered office of BRUSSOSA, SL , Via Augusta nº 14-º6, Baixos, 08006 Barcelona.
When the purchase is made, the place of delivery and/or collection is chosen.
The delivery time of the order will be during normal working hours.
Notwithstanding the foregoing, the provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time, for which no liability can be attributed against the provider.
Shipments are not made in PO boxes.
BRUSSOSA, SL will put all the means at its disposal so that your order is delivered within the period that appears on our website on the date of issuance of the order confirmation.
5.4 Delivery times : The delivery time is usually between 24/48 hours, depending on the product, the destination population and the payment method chosen. This term is understood as long as the availability of the service has been confirmed and the full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service Department can provide you with availability information.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that, given the unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service at the following address of e-mail: email@example.com indicating the order number.
5.5 Shipping confirmation : At the time of delivery of the order to our carrier we will send you shipping confirmation to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through our carrier's website.
5.6 Delivery Damage : Products are shipped in secure packaging. If at the time of delivery it is clearly and visibly appreciated, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or it is appreciated, in the same way, a error in the merchandise received, the customer must immediately contact our Customer Service line 934960719 or email firstname.lastname@example.org , in order to request the return of the affected product or products and proceed to replace them with another in optimal conditions or well, make the refund of the price paid for it, as indicated in said email.
Similarly, if damage to the product is detected once the package is opened and the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it on our line of Customer Service 934960719 or email email@example.com .
- Prices and terms of the validity of the offers :
All prices displayed in the www.brussosa.com store include VAT in force at the time of purchase. All the prices that appear on the website are valid and will be expressed in the Euro currency (€). Said expenses, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the purchased product.
TAX ON VALUE ADDED: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products will be understood to be located in the territory of application of Spanish VAT. if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories.
The user will receive the order invoice to the email address provided by the user once the purchase has been made.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in its last phase.
In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.
The delivery method is detailed in section 5 of these general conditions.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.
For any information about the order, the User may contact the provider's customer service telephone number or via email to the address provided.
- Payment methods :
Next, we detail the available systems:
7.1 Payment by credit or debit card : The user must have a valid credit or debit card, where they must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Payments are only accepted with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.2 P ayPal : Once the purchase is complete, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the "Back to the web" button will return to the web to see the order and be able to print it.
PayPal automatically encrypts sensitive data using the most advanced technologies available on the market. PayPal has its own privacy policies and BRUSSOSA, SL has no responsibility for them.
7.3 POST ME: In BRUSSOSA, SL you can pay in installments through the post me application, and you must accept its own conditions.
- Right of withdrawal :
8.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, and for this he has a period of 14 calendar days from receipt of the product, without penalty for its exercise; The consumer must be reimbursed for the total amount of the purchase, that is, the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. In relation to the shipping costs for the return of the products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary according to their nature, their characteristics or their operation, without thereby limiting their right to exercise it. To carry out this right of withdrawal, you can fill out this form with your order number (to obtain a refund of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order together with your contact information. You can send it to us via email firstname.lastname@example.org or by post (by any means allowed by law), always within 14 calendar days of receiving the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the guarantee of said product(s).
You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an inappropriate use of the good or different from its own nature to the address that we have provided.
It is recommended to return it in its original packaging, if this is not possible, the product could suffer a depreciation in its value. The client will be responsible for the packaging and protection of the products that he sends as well as the expenses derived from the shipment.
Provided that the products are returned within a period of 14 calendar days, without any damage or signs of wear and in compliance with the requirements established in this section, we will refund the total amount of the purchase.
8.2 Return due to error in the order by BRUSSOSA, SL: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by mail as soon as possible; BRUSSOSA, SL will bear the cost of collecting the product sent by mistake and delivery of the product corresponding to the order placed.
8.3 Verification of Returns : The verification and verification of the products to be returned will be carried out by BRUSSOSA, SL which, once at its facilities, will verify that they are received in compliance with all the requirements established in section 9. In case of missing any of the elements, we would notify you in writing via mail indicating the missing content.
- refunds :
When the return occurs (the right of withdrawal is exercised) the amount paid for the product plus shipping costs will be returned. The return costs will be borne by the consumer-user. The term to make the refund will be within 14 calendar days and through the same means in which the purchase was made.
- 10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES :
10.1 Guarantee : All products offered through the website are completely original, unless otherwise indicated in their description.
10.2 Guarantee in the event of a defective product : In the event of a defective product, BRUSSOSA, SL must proceed to repair, replace, reduce the price or terminate the contract (as appropriate), procedures that will be free for the user. BRUSSOSA, SL is responsible for any lack of conformity that becomes apparent within a period of two years from delivery; the consumer – user must inform BRUSSOSA, SL of the lack of conformity within two months of becoming aware of it.
- nullity and ineffectiveness of the clauses :
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, having such disposition, or the part of it that was affected, as not placed.
- ONLINE DISPUTE RESOLUTION :
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body , which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/ .
- Applicable law and jurisdiction :
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not considered a consumer for the purposes of the TRLGDCU) or of the user. (if you are considered a consumer for the purposes of the TRLGDCU).
IF YOU ARE A MEMBER OF CONFIANZA ONLINE OR WANT TO MEMBER IT: Our entity is a member of Confianza Online (non-profit association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 ( www.confianzaonline.es ). These general conditions are ruled by the Spanish Law.
Likewise, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that, as an adhered entity and in the terms of the Code of Ethics , users may go to Confianza Online for the alternative resolution of eventual controversies ( https ://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/ ). If these refer to electronic transactions with consumers, or data protection when they are related to this area, the claims will be resolved by the Confidence Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims deal with digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
In addition, we remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
- APPLICABLE REGULATION :
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
- Directive 97/7/EC on the protection of consumers in relation to distance contracts (Distance Sales Directive);
- Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).
- Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users .
- Law 7/1998, of April 13, on General Conditions of Contract , and subsequent modifications,
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals the Directive 95/46/EC (General Data Protection Regulation)
- Organic Law 3/2018 , of December 5, on the Protection of Personal Data and Guarantee of Digital Rights ,
- Law 7/1996 , of January 15, on the Regulation of Retail Trade , and
- Law 34/2002 of July 11, Services Information Society and Electronic Commerce and subsequent amendments.
- Online Confidence Code of Ethics
- COMMENTS AND SUGGESTIONS :
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling the Customer Service phone number 934960719 or through our contact form.