Terms of Service
1 - INTRODUCTION
This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
We ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.
These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of using the website or entering30 into the Contract (as defined below) will be those that apply to you.
2 - OUR DATA
This website is operated under the name BIMANI 13 Design, S.L., a Spanish brand with address at Calle General Castaños 11, 1 Izq. 28004 Madrid, registered in the Commercial Registry of Madrid in volume 32117, book 0, section 8 of the Companies Book, page number M-578030, folio 191 and CIF B86961711.
3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
4 - USE OF OUR WEBSITE
By using this website and/or placing orders through it you agree to:
1.- Use this website only to make legally valid queries or orders.
2.- Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3.- Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Statement).
4.- If you do not provide us with all the information we need, we will not be able to process your order.
5.- By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5 - CELEBRATION OF THE CONTRACT
The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure and confirm payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment to you in a Shipping Confirmation.
6 - PRODUCT AVAILABILITY
All product orders are subject to product availability. In this sense, if difficulties arise regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
7 - REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.
We will not be liable to you or any third party for removing any product from this website, regardless of whether such product has been sold or not, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.
8 - DELIVERY
Without prejudice to what is established in Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s listed in each Shipping Confirmation within the specified delivery time or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
- Sales periods and special discounts (example: Black Friday)
- Product customization.
- Specialized articles.
- Unforeseen circumstances.
- Delivery area.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price. paid. Please note in any case that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or by e-mail.
Pre-sale:
- The estimated delivery time for items identified as “Pre-sale” is approximately 1 month from the date of purchase. However, the specific estimated period for each pre-sale item will be detailed in its descriptive sheet.
- We are not responsible if the delivery time is different. The customer may withdraw from the purchase at any time, canceling the order and refunding the amount of the undelivered item.
- Items offered as “Presale” are products that are not in stock at the time of purchase. Therefore, the order will be sent once the item is at our disposal.
- In the event that a regular item and a pre-sale item are purchased in the same order, both items will be sent together when the pre-sale item is available.
9 - IMPOSSIBILITY OF DELIVERY
For home deliveries: if after two attempts it is impossible for us to deliver your order, we will tell you where your order is and how to pick it up. If you will not be at the delivery location of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Shipping Confirmation, to agree to the delivery of your order to the address indicated at the time of purchase. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products, discounting the relevant shipping and management costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the established in this Clause, we consider the Contract resolved.
10 - TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above ), if this takes place at a later time.
11 - PRICE AND PAYMENT
The price of each product will be the one stipulated at all times on our website, except in the case of obvious error. Although we try to ensure that all prices on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.
We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.< /p>
The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to purchase will have been added to your basket and the next step will be to process the order and make payment.
You can make payment with Visa, Mastercard and American Express cards, and with PayPal and Aplázame.
By authorizing the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with you.
12 - EXCHANGE/RETURN POLICY
12.1 - LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object thereof is any of the products in respect of which the right of withdrawal is excluded in Clause 12.2) at any time. moment within a period of 15 business days from the delivery date of your order.
In this case, the price paid for such products will be refunded. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Contract.
You may prove the exercise of the right of withdrawal in any manner permitted by law, and in any case said right will be considered validly exercised by returning the products.
This provision does not affect other rights recognized by the consumer under current legislation.
12.2 - CONTRACTUAL RIGHT OF WITHDRAWAL
In addition to the right of withdrawal legally recognized for consumers and users and mentioned in Clause 12.1 above, we grant you a period of 15 days from the date of receipt of your order to return the products (except for those mentioned). in Clause 12.3 below, with respect to which the right of withdrawal is excluded). In the case of store pickup, if you do not pick up the order within 15 days, the 15-day period will begin to be counted from the 15 days in which the order arrived at the store.
This regulation does not apply to the gift card, the amount of which will not be returned under any circumstances. The gift card has no expiration limit.
In case of return, the price paid for the returned products will be refunded. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Contract. You must exercise your right of withdrawal by returning the products.
Exchanges and returns of garments made to order or with alterations are not permitted.
12.3 - COMMON PROVISIONS
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. It must also include all instructions, documents and product packaging. No refund will be made if the product has been used beyond simply opening it or if it has suffered any damage, so you must be careful with the products while they are in your possession.
The garment must be with its original labeling and must be in the same conditions. Footwear and bag products must be returned including the box and cloth bag. In the event that the shoe box is used as a shipping box, suffering damage for this reason, the cost of the box will be deducted from the return amount.
Exchanges and returns of garments made to order or with alterations are not allowed.
We remind you that the PRINCE dress and BOWIE Jacket, being an exclusive sale, no refund of money is allowed, only exchange or refund for a voucher. The period for changes or returns by voucher is 15 days.
All returns made from the national territory (with the exception of the Canary Islands, Ceuta and Melilla), must be collected by our transport agency or delivered to one of our stores. The cost of shipping returns managed directly by the customer will be borne by the customer. In the case of the Canary Islands, Ceuta and Melilla, if the courier who delivers the package requests any payment, this will be deducted from the amount of the order return.
Returns in store are FREE.
The first home collection change is FREE (peninsular national territory). The cost of the first change for the Balearic Islands is 10 euros. Returns with home collection, as well as second and subsequent exchanges, have a cost of 4.50 euros per package, with a maximum of 4 items. An additional 1 euro will be charged for each extra item included in the package (peninsular national territory).
The cost for returns from the Balearic Islands is 14.50 euros per package, with a maximum of 4 items. An additional 1 euro will be charged for each extra item included in the package. In the case of the Canary Islands, Ceuta and Melilla, the return will be managed at the customer's expense. If the courier who delivers the package requests any payment, this will be deducted from the amount of the return of the order.
You can make returns using one of the following methods:
Returns in Store: You can return the products to us by going to our Stores. In this case, you must have previously filled out the exchange or returns web form.
Returns via courier: You must fill out the exchange or returns web form. And package the items to be returned in a box in good condition and well closed. The carrier will come to pick up the package at the address indicated. Since we cannot guarantee the carrier's time slot, it is important that you request pickup at a location where the package can be delivered throughout the day.
After examining the article we will inform you if you are entitled to a refund of the amounts paid. The return will be made as soon as possible and, in any case, within a period of 30 days from the date of receipt of the item(s) in our warehouses. The return will always be made in the same payment method that you used to pay for the purchase.
You will receive the amount through the same payment method used in your purchase in a maximum estimated time of 15 days from confirmation of acceptance of the return, depending on your bank.
If you have any questions, you can contact us at consultas@bimani.com or by calling 91 545 83 88.
12.4 - RETURNS IN THE CANARY ISLANDS, BALEARIC ISLANDS, CEUTA AND MELILLA and INTERNATIONAL
If you wish to return a product that was delivered in the Canary Islands, Ceuta, Melilla or outside of Spain, you must send it at your own expense. If the courier who delivers the package requests any payment, this will be deducted from the amount of the return of the order.
12.5 - RETURNS OF DEFECTIVE PRODUCTS
In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the Contract, you must contact us immediately at consultas@bimani.com indicating the product data as well as the damage you suffer, or by calling 91 545 83 88 where we will tell you how to proceed.
You can return the product to any of our stores in Madrid, Valencia, or Barcelona, or by delivering it to your home to a courier that we will send.
We will proceed to carefully examine the returned product and will inform you by e-mail, within a reasonable period, if it should be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate.
The amounts paid for products that are returned due to a defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred to deliver the item. The refund will be made in the same payment method that was used to pay for the purchase.
The rights recognized by current legislation are safe.
13 - LIABILITY AND EXEMPTION OF LIABILITY
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.
Notwithstanding the above, our liability is not excluded or limited in the following cases:
- In case of death or personal injury caused by our negligence.
- In case of fraud or fraudulent misrepresentation.
- In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:< /p>
1.- Loss of income or sales.
2.- Loss of business.
3.- Lost profits or loss of contracts.
4.- Loss of anticipated savings.
5.- Loss of data.
6.- Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless that the opposite is expressly established therein.
All product descriptions, information and materials appearing on this website are provided as truth and without express or implied warranties regarding them.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded against consumers and users.
The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.
14 - INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark, design of clothing models and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who granted us license for use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy information about your order details or Contact details.
15 - VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.
You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of infractions classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of your use of this web page or downloading content from it or to which it redirects.
16 - LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.
17 - WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
18 - VERBAL COMMUNICATIONS (by telephone or in person)
There may be the case in which the information or communications that we provide you are given verbally (by telephone or in person). As a general rule, this data will always be backed up and will be similar to the information provided on this website and in these Conditions, and we will try to leave a written trace of verbal communications whenever and whenever possible.
If the case arises in which an alleged exchange has not been transcribed, it will be considered human error without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your rights recognized by law.
19 - NOTIFICATIONS
The notifications you send us must be sent by email to consultas@bimani.com or by calling us at 91 545 83 88. In accordance with the provisions of the previous clauses and unless otherwise stipulated, we may send you communications either to the e-mail, or to the telephone number that you have provided when placing an order.
It will be understood that the notifications have been received and have been correctly made when it can be proven that the email address as well as the telephone number correspond with the data specified by the recipient.
20 - TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns.
You may not transmit, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or to you, without having obtained our prior written consent.
We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that you we could have granted.
21 - EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure or delay in the performance of any of the obligations we assume under a Contract, the cause of which is due to events that are beyond our reasonable control ("Force Majeure Event"). /p>
Causes of Force Majeure will include any act, event, failure to perform, omission or accident that is beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failures or accidents in maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the period to comply with said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.
22 - RESIGNATION
The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that could give us correspond under said Contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions provided in the previous Notifications section.
23 - PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
24 - COMPLETE AGREEMENT
You and we recognize having consented to the contract without having trusted any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations filed by both before said contract, except for what which is what Figure expressly mentioned in these conditions.
Neither you nor we will have action against any uncertain declaration made by the other party, verbal or written, prior to the date of the contract (unless such an uncertain statement had made fraudulently) and the only action of which will have the other party will be for breach of the contract in accordance with the provisions of these conditions.
25 - Our right to modify these conditions
We have the right to review and modify these conditions at any time.
You will be subject to the policies and conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in these policies, conditions or declaration of Privacy, in which case, the possible changes will also affect the orders you would have previously made.
26 - Applicable legislation and jurisdiction
The use of our website and products purchase contracts through said website will be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non -exclusive jurisdiction of the Spanish courts and courts.
If you are hiring as a consumer, nothing in this clause will affect the rights that the current legislation recognizes.
27 - Comments and suggestions
Your comments and suggestions will be well received. We beg you to send us such comments and suggestions through our contact email ( queries@bimani. com ).
28 - Image rights assignment for use with photoslurp:
Providing your permission, you guarantee the authorship and/or ownership of the image, and that there are no other entities with property rights over it. You grant & nbsp; a Bimani 13 Design S.L. Non -exclusive and non -revocable commercial rights to reproduce the image in any form (including, but not limited to video, publication in & nbsp; internet, reproduction, exhibition, email, publication and distribution), either through our own services, or through services provided by & nbsp; third, in the world in any existing or developed medium later and without restriction or limitation. You accept that your image can be used by Bimani 13 Design S.L. & Nbsp; in its original version or accompanied by illustrations, cartoons, subtitles, videos, works of art, textural materials or other photographs. BIMANI 13 Design S.L. Se & nbsp; it compromises to make commercially reasonable efforts to give credit for your photo and provide a link to your Instagram account, however, you accept & nbsp; that said credit is not mandatory and your permission to use your image does not depend on the fact that it is granted recognition.
You give up any right to inspect and/or approve the finished work in which the image will be used, as well as its advertising reproduction and the uses that & nbsp can be made of said material. In addition, renunciation of any royalty claim in relation to your image or our finished work.
Finally, you accept that if any point, or any portion of any point established in this document is determined invalid under any statute O & NBSP; Law rule, then it will be considered only omitted only to that extent and the rest of this Agreement for the request of Image Rights will remain in full and & nbsp; effect. This agreement for the request for image rights will be governed by the laws of Spain.
If you do not agree with these terms, we fully understand it and no additional action is required. We are delighted to see Bimani 13 Design S.L., as & nbsp; part of your account and we hope to see the new photos you publish.
If you have any questions, you can contact us at & nbsp; queries@bimani.com & nbsp; or calling 91 545 83 88.
29 - Web gift card:
- Select the amount of the e-card you want to buy. & nbsp;
- If you want the gift card to be sent to another person, you must enter your email when processing the purchase.
- Remember the following important information about the use of E-Card:
- You can use your e-card on both the web and in our physical stores.
- The e-card consists of a personalized e-mail where a code is included. Does not include home shipping of a physical card or any other product or packaging.
- It is a bearer document. Bimani will not replace the card in case of theft, loss, loss or deterioration.
- E-Card has no expiration period.
- You can know the balance of your e-card in the mail notifications that will come to you from our website.
- The return period is 30 days from the date of the purchase, as long as the E-Card has not been used. The refund will be made to the original payment method used for the purchase.
How do you pay a web gift or e-card card?
- You can use your e-card on both the web and in our physical stores.
- E-Card has no expiration period.
- You can know the balance of your e-card in the mail notifications that will come to you from our website.
- Before finishing your purchase, you can select the E-Card as a payment method. For which you will have to include the code received by email.
- You can use more than one e-card in the same purchase.
- If your purchase exceeds the balance of the E-Card, you can combine it with any of the other payment methods available.
- Purchasing returns paid with an e-card will be reimbursed to the same gift card. You will receive a virtual copy of that card, with the updated balance, together with the confirmation email of the return.
- If at the time of purchase you have used more than one payment method and make a partial return of your order, the reimbursement will go to the gift card.
30 - Club Bimani:
discount bims: Enjoy all the advantages of belonging to the Bimani club!
How do I apply my discount? In online purchases, you will only have to log in to your Bimani Club account and you can use your discount before finishing your purchase.
How does it work? Get bims with all your purchases (for every € 1 you get 1bim) and with other actions that you can discover in “
The BIMs that you do not use will be available in your account for you to use whenever you want.
Its validity is 90 days.
Remember that shipping costs, the purchase of Gift Cards or other costs derived from the purchase are not included in the discount.
You can consult more information in Questions and Answers