General Terms and Conditions
1.- PURPOSE AND GENERAL CONSIDERATIONS
These general terms and conditions of sale (hereinafter, the "General Conditions") regulate the on-line purchase and sale of products offered to the public by BEVILUD SL under the bevilud.com brand and with CIF B52551843 through the VIRTUAL STORE www.bevilud.com and put up for sale with the ultimate goal of generating an order from the customer (hereinafter "purchase order").
BEVILUD SL, hereinafter referred to as Bevilud, hereby grants you access to bevilud.com and invites you to purchase the products offered. In addition, Bevilud reserves the right to modify or remove portions of its content without any obligation to notify you.
2.- ADHERENCE TO THE GENERAL CONDITIONS
The generation of a Purchase Order by the customer expresses full and unreserved acceptance of each and every one of the General Conditions, indicating such acceptance through the box "I accept the General Conditions" of the Purchase Order.
Purchase orders made by customers can only be generated through the internet on the website bevilud.com, and all the data required for the correct identification of the customer, the products and the shipping address must be correctly completed. Once the purchase order has been received, the customer will receive a Purchase Order confirmation email with the steps to follow depending on the options chosen in the purchase process and whose purchase and sale conditions are those included on this page.
The system, as a security tool, stores the IP addresses of the connection from which the purchase is made in order to use it as evidence against possible fraud due to misuse of accepted payment cards or other actions that may be considered fraud (fake orders,...).
Depending on whether or not the ordered products are available in stock, our customer service staff will inform the buyer of the expected delivery date or any changes to the order (product specifications), and the customer may cancel the Purchase Order if it does not conform to their original order. In the event that one or more products of the Purchase Order are not available due to force Bevilud reserves the right to cancel the order by notifying the customer in advance and refunding the amount if it has already been paid. Bevilud reserves the right not to fulfill an order if it considers that any of the purchase order and/or buyer data, identification data, payment method or any other nature are fraudulent, erroneous or incomplete. Additionally
Bevilud reserves the right not to honor an order if the published price is objectively estimated to have been erroneous neo, which may be due to internal publication causes, typographical errors, technological incidents or similar causes not foreseen by the store, in which case the customer will Bevilud contacted to communicate such error and convey the corresponding apologies.
Shipments will be made to the shipping address indicated by the customer in the purchase process, in the event that the customer changes said shipping address during the handling and transport period, he/she must pay the costs derived from such change. In any case, Bevilud will try to manage the change as soon as possible to avoid such an increase in costs, although it cannot guarantee that the changes will not imply a higher shipping cost.
4.- THE PRICE AND PAYMENT METHODS
The price of the Products includes VAT and will be paid by the method selected by the customer from those available at that time and which will be shown on the screen. Below are the payment options.
4.1 BY CREDIT CARD
Through the POS of the bank that our system selects in each case, which guarantees confidentiality and a secure connection as a guarantee in the payment. Bevilud is excluded from any liability in relation to the confidentiality and security of the information of the data provided by the Client, provided that such information and data are not under the effective control of the Company.
4.2 CASH ON DELIVERY
This payment system has a surcharge of 3% on the total order and a minimum charge of 3 euros. Payment will be made in cash at the time of delivery of the order through the transport company in euros and accepting only amounts in cash, and payment cannot be made using other means. Orders paid for a refund with an amount greater than 120 euros (VAT INCLUDED) will not be accepted.
Cash on delivery will not be made to PO Boxes, a physical and detailed shipping address will always be necessary, in the observations section of the purchase process you can add any additional information that facilitates the delivery of the order.
4.3 THROUGH BIZUM
The user can make payments with their bizum account without having to provide their debit/credit card details or current account. To make the payment, enter the phone number you have associated with the service and the Bizum code for online purchases (if you do not already have this password, contact your bank). The Bizum key is a 4-digit code. If you can't get the key, it means that your bank doesn't yet offer this payment option in stores with Bizum.
You will receive an SMS with a confirmation code that you must enter in the payment window and finalize the payment.
Keep in mind that you can only use this service if your bank has it enabled.
In case of return/withdrawal, the refund will be made using this same means of payment.
To do this, the customer must indicate the total amount of their purchase, the beneficiary (eventos deportivo de Gijón s.L.) and the concept "purchase in bevilud.com" indicating the purchase order number assigned when carrying out the purchase operation. Once the deposit has been made, you must send the receipt by email to firstname.lastname@example.org, indicating the reference number of the purchase order. For all intents and purposes, the order will not be considered effective until the amount and proof of payment have been received, and it cannot be attended to until that time.
4.4 VIA PayPal
Bevilud has a Seller account on PayPal so that our customers can place their orders through this platform. This payment method will result in an increase of €0.90 including VAT to the price of the order.
4.5 GUARANTEES ON PAYMENT FOR AN ORDER
Bevilud reserves the right to require the Client to provide the appropriate payment guarantees before sending the Confirmation and processing the order received, depending on the risks of the transaction it deems necessary (incidents occurring on the occasion of other previous payments, negative financial reports, electronic fraud, fraudulent payments,...).
4.6 INTEREST ON ARREARS
In the event of default in the payment of the price, expenses and applicable taxes, the Client will be obliged to pay Bevilud a late payment interest equivalent to 4% per month on the amount due, calculated from the date on which the payment obligation under the corresponding invoice became due until the date on which it is fully paid.
4.7 DELAY IN CASH ON DELIVERY
If you do not accept the shipment of your Purchase Order 24 hours after the first attempt to deliver it to your home by the transport service, Bevilud reserves ownership of the product, as well as the charge of 2 euro/day for the deposit of the goods, counted from 36 hours after the first delivery attempt. Similarly, if after 10 days, the customer does not collect the delivery, Bevilud reserves the right to freely dispose of it.
4.8. LOWEST PRICE GUARANTEE
The Minimum Price Guarantee policy gives the customer the ability to ask Bevilud to match the price of an item if the customer finds it cheaper. In any case, this "minimum price guaranteed" policy will be applied based on the following criteria:
.- The customer must demonstrate in a reliable way (link to the website, data that allows locating the selling business, product sheet,...) the existence of the product and its final price. The price that will Bevilud taken into account will be the one known at the time of your consultation and not when the client has made it, since between both times it may have varied for reasons beyond the control of the parties.
.- The product with which the price is compared must be offered by a website that operates in the Spanish market, comparing the final price of the product for the national market and not being able to take advantage of this possibility of guaranteed minimum price products with prices for other markets.
.- Bevilud reserves the right to accept as valid the information provided by the client or by the "comparison website" in the event of intuiting a fraudulent or abusive practice of this clause.
The ultimate goal of the "Minimum Price Guarantee" option is to offer the customer the opportunity to take advantage of the Maximum Guarantee of buying at Bevilud at the best price, but always based on a relationship of trust between the parties.
5.- SHIPPING AND DELIVERY OF THE PRODUCT
Our customers in Asturias will be able to choose the option of picking up their order, completely free of charge, in our physical store located at Avd José García Bernardo, 998 Urb. El Rinconín, 31, with zip code 33203.
5. DELIVERY TIME
The usual delivery time for products IN STOCK will be between ONE and TWO business days, from the moment the full price, expenses and applicable taxes are effectively collected. In the event that the product has to be ordered from suppliers, the delivery period mentioned above will be understood from the moment of receipt of the goods in the warehouses of Bevilud, and delivery may be delayed to a period of between 2 and 15 days. The product information shows an estimated availability, which in no case implies a contractual commitment with the customer regarding the shipping time. For the purposes of counting the days required for shipment, Saturdays, Sundays and public holidays (national and local) do not apply. Orders are not sent to P.O. Boxes, lockers or post boxes of any kind. Bevilud declines all liability in the event of impossibility of providing the Service, if this is due to any event of force majeure or fortuitous event.
5.1. SHIPPING ZONES AND CONFIRMED PURCHASE ORDER
Bevilud delivers its products in Spain except Ceuta and Melilla. It is understood that an order is confirmed when the confirmation of payment and the necessary documentation in the case of cash on delivery orders is received, the confirmation of the bank transfer in the case of payment by bank transfer and the confirmation of the payment of the money by our bank in payments by card.
5.2. SHIPPING COSTS
The general shipping cost in mainland Spain is 4.50 euros, being FREE for orders over 35 euros . In the case of orders for mainland Portugal, the shipping cost will be 6.9 euros. In the purchase process, the final amounts of these costs will be indicated, and the customer must accept them as a step prior to the completion of the purchase process.
Shipping costs to the Balearic Islands will cost 11 euros. In the purchase process, the final amounts of these costs will be indicated, and the customer must accept them as a step prior to the completion of the purchase process.
Bevilud does not ship to Canarias.
5.3. NON-PICK-UP OF SHIPMENT
In the event that a previously paid order is made available to the customer and the customer does not pick it up, Bevilud will try to locate it and facilitate its delivery as much as possible. If it is not collected within 7 days, the customer must pay the storage amount charged by the logistics provider for this service. If it is not collected within 15 days, the product will be returned to Bevilud and the customer will have to pay the amount of the shipping and handling costs for the return.
5.4. OTHER CASES
Delivery is made by the provision of the Product by Bevilud or by a third party on behalf of the company at the address indicated by the Customer in the Purchase Order. The Customer shall bear all risks of damage, impairment, damage and loss of the Products from the time the Products have been made available to the Customer in accordance with this clause.
6. LIABILITY FOR DELIVERY
Bevilud shall be released from the fulfilment of its delivery obligations provided for in this document and declines all liability in this regard in the following cases: Total or partial non-payment by the Client accompanying the Purchase Order, except in the case of cash on delivery, Omission or inaccuracy of the information that the Customer must provide in the Purchase Order when placing the order.
7.1. RIGHT OF REVOCATION
Article 44 of Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, confers on the Customer the right to revoke the requested order within a period of FOURTEEN calendar DAYS from receipt of the same after notifying our company. Communication must be made via e-mail (email@example.com)
7.2. ORDER REVOCATION/RETURN PROCEDURE
Once THE CUSTOMER informs us of his/her wish to proceed with the return, we will confirm the receipt of his/her message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, you must send us the goods you wish to return to us in the original packaging and with all of its original contents, including accessories, warranties and manuals. Once we receive In the case of the goods, we will check that all the aforementioned requirements are met and if so, we will proceed to refund the amount of the products in your order (in no case the amount paid for shipping or transport of the same, or refund costs). The method of payment for the return will be: Bank transfer if the order was paid by cash on delivery or by bank transfer and credit to your card if it was paid by Credit Card .
7.3. RETURNS OF ONE OR MORE PRODUCTS IN A MULTI-PRODUCT ORDER
In the event that a customer wishes to return one or more products, in a "multi-product" order, Bevilud reserves the right to take into account the Shipping Costs in the event that such return affects the total amount of the order and has benefited from the free shipping option at the time of purchase. The customer must contact Bevilud, indicate the product or products they wish to return and the company will indicate the costs associated with such return.
8.- PRODUCT WARRANTY
All products offered by Bevilud are subject to applicable statutory warranties of manufacture. In the event of a defective product, the contract will be repaired, replaced, reduced in price or terminated, and these procedures will be free of charge for the buyer. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer user must inform the seller of the lack of conformity within two months of becoming aware of it. The warranty of the products is excluded if they have received, once delivered to the customer, any deterioration due to external events, accidents, etc. or if they are damaged or due to misuse or misuse. To exercise the right of warranty, you must contact us beforehand and inform us of the manufacturing defect, indicating the order number.
Our customer service team will tell you the postal address where you must deliver the defective product with the original packaging and with all its contents, including accessories, warranties and manuals. The shipping and transport costs of the defective product for verification will always be borne by the buyer. In the event of a manufacturing defect, the product will be fixed or replaced with a similar one. The cost of shipping the product corrected by the defect will be borne by Bevilud
If it is not a manufacturing defect, the product will be available to the customer at the postal address to which it was previously sent for verification, for collection, in person or by a transport agency of his own choosing. Under no circumstances will Bevilud responsible for the costs of shipping the product to the customer, in this case.
10.- COMMUNICATION AND CUSTOMER SERVICE CHANNELS
Customer Service Hours: 8:00 AM to 4:00 PM
11.- LEGAL DATA
In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the identification data of the service provider is made known to you:
Bevilud ADDRESS AT Avd José García Bernardo,998 Urb. El Rinconín, 31 OF THE MERCANTILE REGISTRY OF ASTURIAS ON 16/01 /2006
12.- DISCLAIMER OF LEGAL LIABILITY
Bevilud strives to update and/or complete the content of bevilud.com as often as possible. Notwithstanding this caution and attention, it is possible that the content may be incomplete and/or incorrect and no rights shall be derived from this website.
Pricing and other information about bevilud.com products are subject to obvious programming and typing errors. You may not claim any settlement with Bevilud based on such errors.
In addition, we cannot guarantee, specifically in relation to colours, that the colours appearing on our website are an accurate representation of the colours of our current products. Your computer's settings determine how the color is displayed.
This waiver may be amended from time to time and was last updated in 2019.
13.- INTELLECTUAL PROPERTY
All intellectual property rights relating to these materials are owned by Bevilud and its licensors. You may not copy, distribute or otherwise use these materials without the written consent of Bevilud, except and only if mandatory law rules (such as the right to quote) provide otherwise, unless otherwise stipulated for specific materials.
14.- APPLICABLE LAW
Those established by the Spanish legal system. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, as an entity adhered to CONFIANZA ONLINE and under the terms of its Code of Ethics, in the event of controversies related to online contracting and advertising, data protection, protection of minors and accessibility, the user may resort to the out-of-court dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es), embodied in the Advertising Jury and the National Consumer Arbitration Board.