GENERAL CONDITIONS APPLICABLE TO THE ONLINE SALE OF PRODUCTS AT www.bigawear.com
These general contracting conditions regulate the provision of online clothing and accessories sales services that are offered by the www.bigawwear.com online store, these conditions comprise the legal framework that regulates the contractual relationship with the consumer of this online sales service.
As a customer of this online clothing and accessories sales service, you must first read and accept these general contracting conditions, which can also be consulted at all times. In order to consult and/or download these general contracting conditions, they are available to the CUSTOMER on the website homepage and in the shopping cart section of the online store.
IDENTIFICATION OF THE CONTRACTING PARTIES
These general contracting conditions for the online sales service are signed, on the one hand, by BIGA Avant Wear S.L., Tax number, B01583426, ADDRESS, PZA. CONSTITUCIÓN, No. 1, 01012 VITORIA-GASTEIZ, email firstname.lastname@example.org, hereinafter the SELLER, and on the other hand, hereinafter the CUSTOMER, whose personal data are those that are used to fill in the purchase form hereinafter the SHOPPING CART, which is mandatory. These personal data have been filled in directly by the CUSTOMER, and the SELLER understands that they are true, accurate and current; the CUSTOMER acknowledges the obligation to provide only true, accurate, current and complete data and to update them when necessary so that remain true, accurate, current and complete.
These online sales services are provided in SPAIN, and the sales contract territory of application is Spain. These general contracting conditions are available in Spanish, which is the preferred language. The CUSTOMER expressly acknowledges that the language of the contract that binds the seller is SPANISH, which is also the contract language.
PERSONAL DATA PROTECTION
By filling in and sending the order form available at www.bigawear.com, the CUSTOMER agrees that they have been informed of how the personal data used is processed. The CUSTOMER can exercise their rights of access, limitation, rectification, cancellation, opposition or deletion of their data by contacting BIGA Avant Wear S.L. Tax number, B01583426, ADDRESS, PZA. CONSTITUCIÓN, No. 1, 01012 VITORIA-GASTEIZ, by post or email at email@example.com
These general contracting conditions apply to the ONLINE SALE of clothing and accessories; any modification in these general contracting conditions will be accompanied by a corresponding notice that the CUSTOMER can consult, read or download, and which will ensure they are aware of the specific contracting conditions that are applicable and current at all times.
The cost of each product appears next to the product image in the www.bigawear.com online store. The image of each product and its price can be viewed, and the desired product quantity can be chosen on this website. The chosen product(s) and the total amount to be paid, including taxes and transportation costs, will appear in the SHOPPING CART. The CUSTOMER will receive the invoice in electronic format together with the product; accepting these conditions of sale also implies an express consent to receive the invoice in electronic format.
OBLIGATIONS RELATED TO THE CONSERVATION OF MESSAGES IN REGARD TO THE TRANSACTIONS CARRIED OUT
Both parties expressly agree to keep all the communication made between them electronically as evidence of the transactions carried out for 12 months following the completion of the online sale. After that time, all documentation can be destroyed, except for information relating to economic transactions (invoicing, bank transfers) which should be filed for 4 years.
FORMATION OF THE CONTRACTUAL INTENT AND VALIDITY OF THE CONTRACT
These general contracting conditions will become part of the contract the moment they are accepted by the CUSTOMER, which is why it is necessary for the CUSTOMER to understand them and understand that they are enough and sufficient for the exclusion of error in the formation of consent.
The CUSTOMER can choose to pay through one of the following forms of payment:
• Debit or credit card
RIGHT OF CANCELLATION
IMPORTANT: The CUSTOMER acknowledges that through these general contracting conditions the SELLER has informed them of their rights as a consumer and/or user, in accordance with Law 3/2014, of 27 March, which modifies current legislation for Consumer and User Defence (Law 1/2007, of 16 November), as well as according to Law 34/2002, of 12 October, on the information society and electronic commerce services.
In accordance with these regulations, the CUSTOMER is informed that, pursuant to article 102 of Law 3/2014, they can exercise their RIGHT OF CANCELLATION, within 14 days from receiving the product or products they have purchased in the online store. The CUSTOMER can exercise this right of cancellation through the form provided below, which can be access here: Cancellation form. The consumer’s right of cancellation can be carried out within 14 calendar days from when the product is received by simply sending the cancellation form provided, it does not need to be justified. Once the form is filled in it should be sent by post to the following address: BIG A WEAR ADDRESS PZA. CONSTITUCIÓN, No. 1, 01012 VITORIA-GASTEIZ or by email to firstname.lastname@example.org . The form is not mandatory. You can email us your request to cancel the purchased product. Please read the following instructions:
- You have 14 calendar days from when you receive the products to return them.
- The CUSTOMER agrees to return them in the same condition in which they were received; it is essential that the products are returned in their original packaging.
- Once the SELLER receives the products to be returned, they have 14 calendar days to refund the CUSTOMER’S payment, in the same form and means of payment the customer used to make the initial payment.
- The CUSTOMER expressly agrees that they shall bear the cost of returning the products that are generated as a result of the cancellation, and guarantees that they will return the products in the same condition they were received, in their original packaging.
- In the event that the reason the CUSTOMER returned the products was because they were defective, in deteriorated packaging or had a manufacturing defect, the CUSTOMER may opt either to return the products for free, without additional costs, where the SELLER will refund the amount paid, or to receive a new product that meets the quality conditions that the previous product should have, completely free of charge and without having to pay delivery or replacement costs.
In any case, the CUSTOMER should write to email@example.com to communicate any incident including product defects or deterioration or issues in the delivery.
The CUSTOMER agrees that they will not use the services available to them for illegal purposes. In the case of illegal conduct by the CUSTOMER, or failure by any party to follow the rules and principles of the process, the SELLER may voluntarily suspend the supply service.
RIGHTS RESERVED ON THE CONTENTS
These general contracting conditions do not provide the CUSTOMER with the right to use the contents, brands, designs, images, structure, databases, audiovisual content or any other information posted in the www.bigawear.com online store; the CUSTOMER does not have the right or a license to exploit the posted forms, materials, documents, texts or images, which all belong to their legitimate owners. The CUSTOMER agrees to respect all intellectual and industrial property rights and to not use the contents without prior authorisation from the owner, regardless of whether such use is for professional / commercial or personal purposes.
In the event that part of these general contracting conditions are contrary to law, according to an administrative or judicial resolution, and therefore invalid, that part will not affect the other provisions that are in accordance with law; the parties agree to renegotiate those clauses or service conditions that are void and incorporate them into the rest of the valid conditions.
APPLICABLE LAW AND JURISDICTION
Both parties acknowledge that the legislation applicable to said contract, and to all legal relationships arising from it, will be Spanish, by express application of the provisions of article 1262 of the CC. Specifically, the norms established in Law 5/2012, on civil and commercial dispute mediation, and the regulations implementing them, will be applied (Royal Decree 980/2013). If there are conflicts or discrepancies between the parties regarding the application, interpretation or execution of these general contracting conditions, both parties agree to submit to one of the out-of-court dispute resolution systems provided for in article 24.1 of Law 1/2007, which is available to the parties in the city of VITORIA- SPAIN. For this purpose, the following information regarding the out-of-court dispute resolution systems related to online purchases is made available to the customer.
ONLINE CONFLICT RESOLUTION REGARDING PURCHASES
In accordance with article 14.1. of European Regulation 524/2013, the European Union provides an online dispute resolution platform available here: http://ec.europa.eu/consumers/odr.
THE CUSTOMER may submit their claims through this online conflict resolution platform.
Please forward any requests for additional information, suggestions or complaints to BIGA Avant Wear, ADDRESS PZA. CONSTITUCIÓN, No. 1, 01012 VITORIA-GASTEIZ, email firstname.lastname@example.org