General Terms and Conditions of Business
1) Purpose and scope of application
The purpose of these General Terms and Conditions is to regulate the relationship between KEVIN YUFE YOGUEL (BOREEN SHOP) (hereinafter "THE COMPANY") and you (hereinafter "the Client"), regarding all transactions carried out through the website www. boreenshop .com (hereinafter "the Website"), domain owned by THE COMPANY, a legally constituted company, with registered office at C/ Capella de Sant Joan n9, Sant Cugat, 08195, Barcelona, Spain, with Tax Identification Number 47870871M.
For any questions, you can contact us at the e-mail address firstname.lastname@example.org.
The on-line contracting of products and/or services offered by THE COMPANY through this website shall be subject to the provisions of these General Terms and Conditions
2) Acceptance and proof of acceptance
The purchase of products and/or services must be made through the activation of the FINISH ORDER button that appears at the bottom of the page of the purchase requests, and expresses full acceptance of each and every one of the Terms and Conditions as shown on the website of THE COMPANY prior to the purchase of products / contracting of services, without the application of any changes that may occur in the clauses of the Terms and Conditions subsequently.
From the moment of acceptance, the user acquires the status of Client of THE COMPANY described in these General Terms and Conditions. Any product or service subsequently offered by THE COMPANY must be the subject of a new contract.
THE COMPANY will send to the Customer, once expressly accepted these Terms and Conditions, proof of the contracting made, with all its terms, via email within 24 hours of purchase.
THE COMPANY informs you that for legal reasons it archives the electronic documents in which the purchases are formalized, to which you can access these documents at any time by requesting it to our Customer Service
3) Prices, payment, delivery and cancellation
The current price shall be the price indicated on the website at the time of purchase, unless there is a typographical error. The prices indicated on the website all include VAT (Value Added Tax) or any other tax that may be applicable. When the price is different due to typographical error this will be communicated to the CUSTOMER, via e-mail, before proceeding to the collection.
However, in accordance with the provisions of Law 37/1992 of December 28, 1992, regulating this tax, the transaction may be exempt or not subject to it depending on the country of residence of the buyer and the condition in which it acts (entrepreneur / professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.
The offers will be properly marked and identified as such, conveniently indicating the previous price and the price of the offer.
THE COMPANY reserves the right to make on the Web, at any time and without notice, the changes it deems appropriate, and may update products and services depending on the market.
The shipping costs that appear on the website when ordering var would depend on the actual or volumetric weight of the product and the distance of the shipment itself. The shipping costs and their corresponding VAT are always indicated prior to the completion of the order
3.2 Method of payment
The purchases, depending on the products to be purchased, can be paid through the means listed below
- Card (Visa, Master Card or American Express)
In case it is impossible, due to lack of suitable means, to make the payment through the listed options, you can pay by bank transfer by contacting us at email@example.com under the subject "PAYMENT BY BANK TRANSFER"
Shipments will be made to all the peninsula, as well as to all the countries that the web allows. We do not ship to Las Palmas. Orders are shipped to the delivery address indicated by the Customer, within the period determined by the delivery company for products in stock. In case of not having stock THE COMPANY will duly communicate this to the Customer as soon as possible and indicating an estimated delivery time. In this case, the CUSTOMER may choose to wait the period indicated by the COMPANY for delivery of the order, to modify the order and request another product of the same value that is in stock or to cancel the order with a full refund.
The COMPANY sends the orders to its customers through different national and international express transport companies, as well as through the State Postal Service. The date of delivery to the Customer's home depends on the availability of the chosen product and the shipping area. Before confirming your order, you will be informed of the approximate delivery times. However, these times may vary depending on the specific circumstances of each order. In particular, transport times may be altered by extraordinary incidents at the carrier and by difficulties in the delivery of the goods
The exception to the customer's right of withdrawal with respect to perishable goods is set out in art. 103 d) of the Consolidated Text of the Law for the Defense of Consumers and Users, hereinafter TRLGDCU. Due to the perishable nature of plants and the damage they may suffer due to temperature variations or exposure to adverse circumstances to their conservation during the distribution process, something that BOREEN is not responsible for, we will not exchange or return products, except in cases where there has been a mismatch between the product chosen by the customer and the one sent by BOREEN.
Process of return due to error in product shipment
Items to be returned must be in their original packaging in the same conditions in which they were sent. Due to the perishable nature of the product, the return process must be initiated within 48 working hours after receipt of the order upon receipt of the order, by sending reliable notification of the error to the email of BOREENCost: In the event that the products must be finally returned, returns due to error in the shipment of the product, have no cost to the customer. Shipping address: C/ Capella de Sant Joan n9, Sant Cugat, 08195, Barcelona, Spain.
BOREEN, at its decision, will refund the customer with the product initially ordered or pay the amount corresponding to the price paid within 30 calendar days of receipt of the notification. The refund will be made by the same means of payment with which it was paid.
For the return of the product, you must notify THE COMPANY by email to firstname.lastname@example.org.
In both cases, THE COMPANY will promptly communicate to you on a durable medium the acknowledgement of receipt of the return.
In case of reimbursement, we will proceed to make such reimbursement by bank transfer, unless you have expressly provided for another means of payment; in any case, you will not incur any costs as a result of the reimbursement.
In any case, in the event that the Customer has expressly selected a mode of delivery other than the least expensive mode of ordinary delivery, THE COMPANY will not reimburse any additional costs arising therefrom.
The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.
For any claim or query you can contact THE COMPANY at the address C/ Capella de Sant Joan n9, Sant Cugat, 08195, Barcelona, Spain or at the e-mail email@example.com
4) Formalities to enter into the contract
For the purchase of the products and/or services offered on the Web, it is only required to fill in the purchase form (request) with personal data and payment details.
Upon receipt of a purchase request, THE COMPANY will immediately send an order confirmation to the email address indicated in the purchase request within 24 hours of the purchase request. In case of payment by Bizum, the purchase will not be validated until the application sends to THE COMPANY the corresponding proof of payment
The language in which the contract between THE COMPANY and the Customer will be perfected is Spanish
6) Legal warranty and responsibilities of thecompany
The products are covered by a legal guarantee of two years against lack of conformity under the provisions of the General Law for the Defense of Consumers and Users (Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16). Under this Law, the consumer has the right to claim against the seller for any lack of conformity that exists at the time of delivery of the good within the terms and conditions set forth therein.
If the lack of conformity of the product becomes apparent during the first six months, it is understood that the failure already existed when the product was delivered, unless the contrary is proven or when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
If the lack of conformity becomes apparent after the first six months, it will be up to the Customer to prove that the defect is of origin in order to be covered by the legal warranty.
The Customer is obliged to report possible defects and non-conformities within 2 (two) months of their detection.
In case of non-conformity, we will proceed, at our expense, to restore the conformity of the product by repair/replacement or reduction of the price, as provided for by the current legal provisions.
Warranty assistance requires the presentation of the purchase invoice.
All rights guaranteed to consumers and users by the laws in force are guaranteed.
Failure to comply with any of the Contracting Conditions may result in the return of the products or the cancellation of the services purchased by the Customer
7) Responsibilities of the Client
The Client undertakes to make lawful use of the services, without contravening the legislation in force, or harming the rights and interests of third parties.
The Client guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding causing damage to the COMPANY as a result of the incorrectness of the same.
Failure to comply with any of the Terms and Conditions may result in the withdrawal or cancellation of services by THE COMPANY, without prior notice to the Customer and without entitlement to any compensation
8) After-sales services
For any inquiry, incident, complaint or claim after the purchase of products or services, THE COMPANY offers the Customer a Customer Service at the email firstname.lastname@example.org or by calling +34 627 46 88 92, WhatsApp at +34 693 23 42 55 or direct Instagram contact at @boreenshop.
The Customer may have a record of their complaints, which will be dealt with as soon as possible and, in any case, within a maximum period of one month, by means of the delivery, by THE COMPANY, of written proof on paper or any other type of durable medium
9) Intellectual and industrial property
The intellectual and industrial property rights on the works, trademarks, logos, and any other subject to protection, contained in the website of THE COMPANY correspond exclusively to THE COMPANY (or third parties), who has the exclusive rights to exploit them in any form and, in particular, including but not limited to, the rights of reproduction, copying, distribution, transformation, marketing and public communication.
The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
By accepting these General Terms and Conditions, the Customer agrees to respect the Intellectual Property rights owned by THE COMPANY and third parties
10) Jurisdiction and applicable law
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations on jurisdiction, which takes into account, in the case of final consumers, the place of performance of the obligation or the domicile of the purchaser.
All this without prejudice to the Client's right to go to the Consumer Arbitration Board of its demarcation.
In the case of a sale and purchase made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).