SHOPPING TERMS & CONDITIONS
The company BETTIES BAND S.L. (hereinafter “BETTIES” or the “Company”) sets out the following terms and conditions that regulate the online sale of its goods through this website.
HOW TO PLACE AN ORDER
We have tried to offer a simple and enjoyable purchasing experience: you just need to select the item you wish to purchase, add it to your shopping cart and process the order, using the means of payment that you prefer/using any of the means of payment described in the section below “how to pay”.
BETTIES only does deliveries to Spain (except Ceuta and Melilla), Germany, Austria, Belgium, France, Italy, Ireland, Luxembourg, Netherlands, Portugal and United Kingdom -check our delivery chart below for more info-.
The products offered in this service are aimed at final consumers under the terms and conditions set out by Law 7-1996, of 15 January, on Retail Commerce.
HOW TO PAY
You can pay your purchases using:
Credit or debit cards: Visa, MasterCard.
DELIVERY TIME AND DELIVERY PRICE LIST
The delivery timeframe will range between 24 and 72 hours during business days, excluding Saturdays, Sundays and holidays.
The Company will acknowledge receipt of the order through email.
Delivery costs include transport, insurance and customs clearance in origin. For deliveries to countries that don’t belong to the European Union, customs costs aren’t included at the destination nor are other taxes (customs duty); it is the recipient who must pay in cash to receive the merchandise.
The recipient will be responsible for all of the importation costs and tax that is generated at the destination’s customs, either if the merchandise is handed in to him/her or if he/she doesn’t take care of it.
We will attempt to deliver the order in the least amount of time possible, but the recipient must keep in mind the regulation of the country of destination for the importation of the requested articles, since BETTIES has no responsibility in this aspect. BETTIES won’t be imputable either for the effects produced by strikes, war conflicts or other circumstances that are beyond its control.
BETTIES won’t be responsible for the delays in customs clearance or if the local authorities decide to confiscate any element that forms a part of the delivery.
|SPAIN (except Ceuta and Melilla)||3,90 €|
|BALEARIC ISLANDS||9,90 €|
|CANARY ISLANDS||15,00 €|
|UNITED KINGDOM, ITALY AND GERMANY||15,95 €|
|FRANCE, BELGIUM, AUSTRIA, IRELAND, LUXEMBOURG AND NETHERLANDS||16,95 €|
1. OUR DETAILS
The sale of goods through this website is executed under the name BETTIES, a Spanish company property of BETTIES BAND S.L. whose registered address is c/ Umbría 11A, 28043 (Madrid), B-87963773
2. YOUR DETAILS AND VISITS TO THIS WEBSITE
3. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to do the following:
1. Use this website solely to consult the information therein and to place legally valid orders.
2. Not place any false or fraudulent orders. In the event that we have reasonable grounds to believe that any order of this type has been placed, we shall be authorized to cancel it and inform the corresponding authorities.
3. Provide us with a correct and accurate email and postal address and/or any other contact details.
4. HOW TO PLACE AN ORDER
To make an order you should follow the online shopping procedure and click on “place the order”. You will then receive an email acknowledging the receipt of your order (Order Confirmation). Moreover, you will be informed via an email confirming that the order has been sent (“Delivery Confirmation”).
5. TECHNICAL RESOURCES TO CORRECT ERRORS
If while registering to become a user of this website you notice that there is an error in your personal details, you will be able to modify them in the “My Account” section.
If you notice an error in your order after finalizing the payment process, you should contact our Customer Services sending an email to firstname.lastname@example.org to correct the error.
6. PRODUCT AVAILABILITY
All product orders are subject to availability. Therefore, in the event of any difficulties occurring with regard to the supply of products or if they are no longer available in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value than those you had ordered. If you do not wish to order these substitute products, we will refund any amounts you may have paid.
Except in the event of exceptional circumstances, we shall send the order containing the product(s) listed in the Delivery Confirmation within the timeframes stipulated on the website for the selected delivery method and in any event within 30 days following the date of the Order Confirmation.
For the purpose of these Conditions, the “delivery” will be considered as made, or that the order has been “delivered” at the time you or a third party you have indicated for this purpose, acquires physical possession of the goods, which will be accredited by signing the receipt of the order at the agreed delivery address.
8. INABILITY TO DELIVER
If we cannot deliver your order, you will receive a text message (SMS) from our transport courier company to the telephone number you have provided, informing you that the following working day or other specified day your order will be delivered. If it is not possible to deliver your order on a second occasion, we will call you by telephone to let you know when it will be delivered. If it is not possible to deliver your order on a third occasion it will be left at a Delivery Point.
In Europe, if it is not possible to deliver the order, the transport company or BETTIES will send you an email indicating the Delivery Point where the order has been delivered.
If after 30 days of the order becoming available for delivery it has still not been delivered for causes not attributable to BETTIES or the transport company, we shall assume that you wish to cancel the contract and that it is therefore terminated.
As a result of terminating the Contract, we will refund any amounts we have received from you, excluding the delivery costs, without any undue delay, and in any event within a maximum period of 14 days from the date when we consider that the Contract has been terminated. Please bear in mind that transportation arising as a result of terminating the Contract may incur additional costs, as a result of which we are authorised to charge you the corresponding costs.
9. TRANSMISSION OF RISK AND OWNERSHIP
You will be responsible for the risks involved with the products once they are delivered. You will acquire ownership of the products once we receive the full payment of all amounts due in relation to the same, including delivery fees, or alternatively upon delivery (in accordance with the definition contained in clause 7) if it takes place at a later time.
10. PRICE AND PAYMENT
The prices shown on the website are inclusive of all indirect taxes, but exclude delivery fees, which shall be added to the total amount as shown in the section DELIVERY.
For information purposes only, the prices can be shown in currencies other than Euros. At BETTIES we cannot assure the exact exchange rate into Euros of prices shown in another currency. All transactions are made in Euros. The payment process will show the prices and transport fees and final amount payable in euros, the latter being the amount to be charged to your account.
Prices may change at any time, but this will not affect orders for which we have already sent an Order Confirmation.
Once you have selected all the goods that you wish to purchase, these will be added to your shopping cart. The next step is to process the order and make the payment. To do so, you must follow the necessary steps indicated in the purchase process, filling in or checking the information required in each step. Also, during the purchase process, and before making the payment, you may modify your order details. A detailed description of the purchase process is shown in the Shopping Guide. Also, if you are a registered user, you can find details of all of the orders you have placed in MY ACCOUNT area, entering ACCESS MY ACCOUNT and then MY ORDERS.
You can pay using Visa, MasterCard and PayPal. In order to minimise the risk of non-authorised access, your credit card information will be encrypted. Once we receive your order, we will make a pre-authorisation on your card in order to ensure that there are sufficient funds in order to complete the transaction. Your card will be charged as soon as the bank authorises the transaction. If you pay using PayPal, the payment will be charged as soon as we confirm the order.
By clicking on “Authorise Payment”, you confirm that the credit card is yours or that you are the legitimate holder of the gift card.
Credit cards will be subject to verification and authorisation by the corresponding issuing body. However, we will not be held liable for any delays or failure to deliver if said body does not authorise payment and we will be unable to formalise any Contract with you.
11. ANONYMOUS PURCHASE
This website allows you to shop without registering .When you are going to carry out the purchase you will only be requested to provide essential details in order to process your order.
12. ADDED TAX
Pursuant to the terms and conditions of article 68 of Act 37/1992 of 28 December on Value Added Tax, deliveries shall be considered to be located in territory where the Spanish VAT rate applies if the delivery address is located in Spain and European Union countries.
The applicable VAT rate shall be that in effect at the time each specific item is ordered.
In the event that the purchase is made in any country except those listed in the previous paragraph, the prices that appear on our website will not include indirect taxes, customs fees or any other charges applied in the destination country.
You expressly authorise us to issue an electronic. However, you might indicate us at anytime that you wish to receive a hard copy the invoice. In that case, we will issue and send to you the invoice in the said format.
13. EXCHANGE AND REFUND POLICY
13.1 TO WITHDRAW FROM PURCHASE
If you enter into this contract as a consumer and user, you have the right to withdraw from this Contract within a period of 14 calendar days without giving any reason but only regarding those items that can be returned.
The withdrawal period will expire 14 calendar days after you or a third party appointed by you, other than the courier, acquired actual possession of the goods, or, if the goods included in your order were delivered separately.
In order to comply with the withdrawal period, all that is required is to deliver a notification of your intention to make use of this right within the corresponding period.
13.2 CONSEQUENCES OF WITHDRAWAL
If you withdraw from the Contract, we will refund the payment you have made to acquire the product without any undue delay, and in any event within at least 14 calendar days from the date on which you inform us of your decision to withdraw from the Contract; in case the product is not in perfect conditions we will have the right to deny the refund. The delivery fee will not be refunded.
We will make the refund using the same means of payment you used for the initial transaction. You will not be charged any additional costs as a result of the refund. However, we may withhold the refund until the goods have been received, or until you have supplied evidence of having returned the goods, depending on whichever condition occurs before.
BETTIES will take care of picking up the product in Spain (peninsular). Non peninsular and international returns should be delivered using the method of delivery the customer consider appropriate.
BETTIES will take care of the return shipping costs in Spain (peninsular). Non peninsular and international customer will be liable for the cost and risk of returning the products.
In every case, the products that are returned must be in perfect conditions, must not have been used and be in its original packaging. We, therefore, ask for the package to be appropriately protected and sealed to avoid problems in its transport.
You will only be liable for any loss in value of the goods resulting from any unsuitable handling other than that necessary to ascertain the nature, characteristics and functioning of the goods.
13.3 LEGAL RIGHT TO WITHDRAWAL
In addition to the consumers and users’ legal right to withdrawal referred to in clause 13.1 above, we provide a 30-day period from the delivery date within which you may return the products.
You may exercise your right to withdrawal as indicated in clause 13.1 above, although if you inform us of your intention to withdraw from the Contract after the legally defined term, you must return us the goods within 30 days of the date when the products were delivered.
13.4 GENERAL PROVISIONS
Your right to withdraw from the Contract applies exclusively to those products that are returned in the same condition as you received them. No refunds will be made on products that have been used beyond their mere opening, for products that are not in the same state as when they were delivered, or if they have been damaged in any way. It is therefore important that you handle the products carefully whilst they are in your possession.
13.5 RETURN OF FAULTY PRODUCTS
In the event that you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us through our Customer Services (email@example.com) and we will instruct you on how to proceed.
After carefully examining the item we will inform you with an email of bettiesband.com within a reasonable period of time whether you are entitled to a refund or replacement (as appropriate). Said replacement or refund will be made as soon as possible and in any event within 14 days following the date we sent you an email confirming the refund or replacement of the faulty item.
Products returned by you due to a genuine flaw or defect will be refunded in full, including a refund for the delivery charges for shipping the item to you. The refund will be made using the same payment means which was used to make the purchase. In any event your statutory rights are not affected.
If you enter into the contract as a consumer and user, we provide guarantees on the products sold through this website, in the legal terms established for each product type.
The products shall be considered as complying with the Contract providing that:
1. they match the description we provide and possess the qualities we have indicated on this website.
2. they are suitable for the purposes for which products of the same kind are usually intended.
3. they show the usual quality and features that would normally be expected of a product of the same kind.
To this effect, if any of the products do not conform with the contract, you should inform us of this fact using the procedure described in the previous section 13.5 and through any of the communication channels therein presented.
The products we sell, especially craft items, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in the grain, textures, knots and colours cannot be considered as flaws or defects. On the contrary, they should be considered as an essential aspect to be appreciated. We only select products of the very highest quality, although natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
15. LIABILITY AND DISCLAIMERS
Unless specifically expressed otherwise in these Terms and Conditions, our liability for any product acquired on our website is strictly limited to the purchase price of said product.
However and unless otherwise stated by law, we accept no liability for the following losses, regardless of their origin: loss of income or revenue; loss of business; loss of profits or contracts; loss of expected savings; loss of data; and loss of time in management or business hours.
Due to the open nature of this website, and the possibility of errors occurring in the storage and transmission of digital information, we are unable to guarantee the accuracy and security of the information transmitted to and obtained through this website unless otherwise expressly stated therein.
16. INTELLECTUAL AND INDUSTRIAL PROPERTY
You hereby acknowledge and consent that all copyright, trademark and other rights related to intellectual property in relation to material or content provided as part of the website corresponds to us or to third parties to whom we have granted a license for its use at all times.
You are permitted to use this material only as expressly authorised by our licensors or us. This will not prevent your use of this website to copy the details of your order or Contract details.
17. VIRUSES, PIRACY AND OTHER COMPUTER SECURITY ATTACKS
You may not make unlawful use of this website by deliberately introducing therein viruses, Trojans, worms, logic bombs or any other program or material that may be technologically damaging or destructive.
You shall not attempt to gain unauthorised access to this website, the server on which said website is hosted or any other server, computer or database related to our website.
You undertake not to attack this website by means of a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may imply a breach of current legislation. We shall report any infringement of said legislation to the corresponding authorities and shall cooperate with them in order to discover the attacker’s identity. Likewise, failure to comply with this clause shall mean that you are no longer authorised to use the website with immediate effect.
We accept no liability for any damage arising from a denial-of-service attack, virus or any other technologically damaging or destructive program or material that may affect your computer, hardware, data or materials as a result of the use of this website or downloading contents therein or from other websites you are redirected to from our website.
18. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third party materials, you are hereby informed that said links are for informative purposes only. We have no control over the contents of any such websites or materials and therefore accept no liability for any damage or loss arising from their use.
19. WRITTEN COMMUNICATIONS
Legislation requires that some of the information or communications we send to you to be in writing. By using this website, you accept that most of our communications will be in electronic format.
We will contact you by email or provide you with information by posting alerts on this website. For contractual purposes, you consent to the use of this electronic means of communication and accept that any contract, notification, information and other mailings that we send you electronically comply with the legal requirements that such communications be in writing. This condition does not affect your statutory rights.
In accordance with the provisions set forth in clause 19, and unless stated otherwise, we are entitled to send you information either by email or to the postal address provided by you. Notifications will be deemed received and carried out correctly as soon as they are posted on our website, 24 hours after an email is sent or three days following the postage date on any letter. In proving the service of any notification, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract binds both you and us as well as our respective successors and assignees. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations which resulted from it, without first obtaining our prior written consent. We may transmit, cede, levy, subcontract or in any other way transfer a Contractor any other of the rights or obligations derived from it, at any time during the term of the Contract. For the avoidance of doubt, said transmissions, cessions, levies or other transfers will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit guarantees, whether express or implied, that we may have granted you.
22. FORCE MAJEURE
We accept no liability for any non-compliance or delay in the compliance of any obligations that we assume under a Contract, attributable to events which are beyond our reasonable control (“Force Majeure”).
A Force Majeure Event includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control including, among others, the following:
- Strikes, lock-outs or other industrial action
- Civil revolts, riot, invasion, terrorist attacks or terrorist threats, war (whether declared or not) or threat or preparation for war.
- Fire, explosions, storms, floods, earthquakes, subsidence, epidemics or any other natural disasters.
- Inability to use railways, shipping, aircraft, motor transport and other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation or restrictions of any government or public authority.
It is understood that our obligation to comply with any Contract will be suspended during the period of Force Majeure and we will avail of an extension of time for fulfilling our obligation during said period. We will use all reasonable means possible to bring the Force Majeure Event to an end or to find a solution whereby we can comply with our obligations pursuant to the Contract despite the Force Majeur event.
The fact that we may not insist on strict compliance with any of the obligations you assume under the Contract or any of these Terms and Conditions, or do not exercise any of the rights or actions that we are entitled to exercise or interpose pursuant to said Contract or these Terms and Conditions, shall not constitute a waiver of said rights and actions nor release you from complying with said obligations.
No waiver made by us regarding a specific right or action shall imply the waiver of any other rights or actions arising from the Contract or the Terms and Conditions.
No waivers on our behalf of any of these Terms and Conditions or rights or actions arising from the Contract shall take effect unless expressly stated and communicated to you in writing in accordance with provisions set forth in the Notifications section above.
In the event that these Terms and Conditions or any regulation contained in a Contract should be considered invalid or un-enforceable in any extent by a competent authority, these shall be severed from the remaining terms and conditions and regulations will continue to be valid to the fullest extent permitted by law.
25. CONTRACT INTEGRITY
These Terms and Conditions and any document to which express reference is made in the same constitute the entire agreement existing between you and us in relation to the object of the Contract and replaces any other prior pact, agreement or promise acquired between you and us, either verbally or in writing. You and ourselves acknowledge that by entering into an Agreement, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Agreement except as expressly stated in these Terms and Conditions.
Neither you nor ourselves will take any action regarding any untrue statement made by the other party, either verbally or in writing, prior to the Contract date (unless such untrue statement had been made in a fraudulent manner), and the only action that may be taken by the other party will be due to non-compliance of the Contract in accordance with provisions set forth herein.
26. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to review and modify these Terms and Conditions at any time. You will be subject to the current policies and Terms and Conditions each time you use this website or place an order, except in the event that we are required to make changes to said policy, Terms and Conditions or Privacy Statement due to legislation or the decision of governmental bodies. In such case, the possible changes will also affect any previous orders placed.
27. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts entered into via said website are governed by Spanish legislation. Any dispute that arises from or related to the use of the website or aforementioned contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you enter any such contracts as a consumer, the contents of this clause will not affect your statutory rights.
28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us any comments and suggestions, as well as any enquiries, complaints or claims, via firstname.lastname@example.org you can get in touch with our Customer Services. Official complaint forms are available for consumers and users. These can be requested by contacting our Customer Services.
Complaints and claims made will be dealt with in the shortest possible period of time and, in any event, within the maximum period of one month. Complaints and claims shall be registered with an identification code which you will be provided with, and which will allow you to track their progress.
If as a consumer you feel your rights have been infringed, please send your complaints by email email@example.com to request an out-of-court dispute resolution.
Thus, if your purchase was made from us online via our website, pursuant to EU Regulation No.524/2013, you are hereby informed that you are entitled to request an out-of-court dispute resolution on accessible consumption at the Internet address http://ec.europa.eu/consumers/odr/.
29. PROMOTIONAL CONDITIONS
Each code will be subject to specific conditions of use (indication of period of validity and the discount offered).
The general terms of promotional codes will be as follows, unless otherwise specified:
- They cannot be used in conjunction with other special offers, discounts and promotions.
- They are only valid for personal use and are non transferable to other users.
- They are not valid on any other webpage or establishment that sells BETTIES products, unless otherwise stated.
To obtain the discount you should enter the promotional code into the field “PROMOTIONAL CODE” always using capital letters and without spaces, after having entered your personal details in the selected payment method on our website www.bettiesband.com
In the event you experience any difficulty entering the promotional code, please contact our Customer Services or send an email to firstname.lastname@example.org