1. GENERAL INFORMATION
The ownership of this website, https://elbebezen.com/, (hereinafter Website) is held by: Rosana Otero Garcia, with NIF: 46800347Q, and whose contact details are:
C/Pedraforca 7, Bajos 2a; 08291 Ripollet, Barcelona (Spain)
Contact email: firstname.lastname@example.org
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Web Site (https://elbebezen.com), and the purchase or acquisition of products and/or services in it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that EL BEBĒ ZEN develops through the Website comprises:
Sale of clothing and accessories.
In addition to reading these Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of EL BEBĒ ZEN . By using this Website or by making and/or requesting the acquisition of a product and/or service through the same the User consents to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. EL BEBĒ ZEN does not ensure that the Website complies with the laws of other countries, either totally or partially. EL BEBĒ ZEN disclaims all liability that may arise from such access, as well as no assurances of delivery or provision of services outside Spain.
The User will be able to formalize, at his choice, with EL BEBĒ ZEN the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available on this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of https://elbebezen.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Buy".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that EL BEBĒ ZEN has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to EL BEBĒ ZEN using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placement of the subscription order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, EL BEBĒ ZEN is the manufacturer of the products sold or which may be marketed on the Website. Although EL BEBĒ ZEN makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that displayed on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
All purchase orders received by EL BEBĒ ZEN through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or products not being in stock, EL BEBĒ ZEN undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the methods and shipping costs available and freely choose the one that suits him/her best.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Debit or credit card and .
The User may also pay all or part of the purchase price with a gift card and/or a credit card issued by EL BEBĒ ZEN.
EL BEBĒ ZEN uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
If the means of payment is credit or debit card, gift card or credit card the charge will be made at the time EL BEBĒ ZEN sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking on "Confirm my order" the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.
Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by EL BEBĒ ZEN for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, EL BEBĒ ZEN will not be able to validate the order, which will be cancelled.
In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the scope of the following territory: All of Spain and Portugal.
If for any reason, which was attributable to him, EL BEBĒ ZEN could not meet the delivery date, contact the user to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact EL BEBĒ ZEN to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to EL BEBĒ ZEN, EL BEBĒ ZEN shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded to the User, with the exception of the additional costs resulting from the User's own choice of a delivery mode other than the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when EL BEBĒ ZEN receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after full receipt of the amount paid by EL BEBĒ ZEN.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed 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 shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting EL BEBĒ ZEN through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "Send", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the EL BEBĒ ZEN Website or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order.
To exercise this right of withdrawal, the User shall notify his decision to EL BEBĒ ZEN He may do so, where appropriate, through the contact spaces provided on the Website or through:
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that EL BEBĒ ZEN makes available as an annexed part of these Conditions, however, its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, EL BEBĒ ZEN shall reimburse the User all payments received, excluding shipping costs and commissions for payment method without any undue delay and in any case not later than 14 calendar days from the date on which EL BEBĒ ZEN is informed of the decision to withdraw by the User.
EL BEBĒ ZEN will reimburse the User using the same method of payment used by the User to make the initial purchase transaction. This reimbursement shall not generate any additional costs to the User. However, THE BEBĒ ZEN may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first.
The User may return or send the products to EL BEBĒ ZEN at:
C/Pedraforca 7, Bajos 2a; 08291 Ripollet (Barcelona) Spain
And shall do so without undue delay and in any case not later than 14 calendar days from the date on which EL BEBĒ ZEN was informed of the decision of withdrawal.
The User acknowledges knowing that he shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense governs the provision of a service that the User could hire on this Web Site, as this same law provides that the right of withdrawal will not attend the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by EL BEBĒ ZEN, he will have lost his right of withdrawal.
In this same sense governs the provision of a service that the User could hire on this Web Site, as this same Law provides that the Right of withdrawal will not assist the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by EL BEBĒ ZEN, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact EL BEBĒ ZEN immediately and let him/her know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
9. EXONERATION OF RESPONSIBILITY
Unless otherwise provided by law, EL BEBĒ ZEN shall not accept any liability for the following losses, regardless of their origin:
any losses which were not attributable to any breach by you;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the two parties.
Likewise, EL BEBĒ ZEN also limits its liability as to the following cases:
EL BEBĒ ZEN applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
EL BEBĒ ZEN will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any others typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. EL BEBĒ ZEN puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to him, fortuitous event or force majeure.
EL BEBĒ ZEN shall not be liable for the misuse and/or wear and tear of the products used by the User. At the same time, EL BEBĒ ZEN shall also not be liable for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, EL BEBĒ ZEN shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and EL BEBĒ ZEN will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. THE BEBĒ ZEN shall use all reasonable means to find a solution to enable it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User agrees that most communications with EL BEBĒ ZEN shall be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by EL BEBĒ ZEN electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notices and/or communicate with EL BEBĒ ZEN through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, EL BEBĒ ZEN may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by THE BEBĒ ZEN of any particular legal right or action or any failure by THE BEBĒ ZEN to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies under any contract or the Conditions or relieve the User from any of its obligations.
No waiver by THE BEBĒ ZEN of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
The present Conditions and any document expressly referred to in them constitute the entire agreement existing between the User and EL BEBĒ ZEN in relation to the object of purchase and sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and THE BEBĒ ZEN acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between EL BEBĒ ZEN and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send to EL BEBĒ ZEN his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, EL BEBĒ ZEN has official complaint forms available to consumers and users, which they may request from EL BEBĒ ZEN at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between EL BEBĒ ZEN and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modification: 21 May 2021