This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (byblasco.com) and the purchase of products therein (hereinafter, the "Conditions").
If you have any questions related to the Conditions or Data Protection Policies, you can contact us through our contact form. The contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
The sale of items through this website is carried out under the name BLASCO by B&B TAPIZADOS SL, a Spanish company with address at Calle Saturno 8, Parque Empresarial Aulencia, 28229 Villanueva del Pardillo (Madrid), registered in the Mercantile Registry of Madrid, to Volume 7,728, Section 8, Folio 21, Page M-124944, and NIF B80831860, with telephone 91 813 51 66 and email firstname.lastname@example.org.
The information or personal data you provide about you will be treated in accordance with the provisions of the Data Protection Policies. By making use of this website you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.
By using this website and placing orders through it, you agree to:
1. Make use of this website only for legally valid inquiries or orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered that such an order has been made, we will be authorized to cancel it and inform the relevant authorities.
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.
The items offered through this website are only available for shipment to Spanish territory.
If you wish to place an order from another country through this website, of course, you can do so; However, please note that we only offer deliveries to a shipping address in Spanish territory or collected at our facilities.
To place an order, you must follow the online purchase procedure and click on "Authorize payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Also, we will inform you by email when your order is being sent to you (the "Shipping Confirmation"). An electronic ticket with the details of your order will also be attached to the Shipment Confirmation (the "electronic ticket").
If the product needs to be manufactured, once the order is confirmed, a document will be sent with the approximate delivery date.
An order with several items will not be shipped until all are available in a single shipment. To send items individually they must place separate orders.
If you detect that there was an error entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Also, this website offers the details of all the items that you have added to your basket during the purchase process and to the options chosen, so that, before making the payment, you can modify the data of your order.
If you detect an error in your order after the end of the payment process, you must immediately contact our customer service, on the phone or at the email address mentioned above, to correct the error .
10. AVAILABILITY OF PRODUCTS
The vast majority of the products offered in our store are manufactured to order and customized individually according to your requirements. For the rest of the products subject to availability, if there are difficulties in their supply or if there are no items in stock, we will refund any amount that you could have paid.
Unless there are special circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send the order consisting of the products / s related in each Shipping Confirmation within the period indicated on the website according to the period of delivery indicated on the product page, the selected shipping method and, in any case, within a maximum period of 60 days from the date of the Order Confirmation.
If for some reason we could not meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Keep in mind, in any case, that the transport agency will notify you of your delivery in advance and that you can deliver in a time slot of up to 8 hours. It is important to note that we do not deliver at home on Saturdays or Sundays. The collection schedule at our facilities is the same as visits to the Showroom.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time when you or a third party indicated by you acquires the material possession of the products, which is will accredit by signing the receipt of the order at the agreed delivery address.
12. IMPOSSIBILITY OF DELIVERY
Once the delivery of your order has been agreed, if it is impossible for us to deliver it for reasons beyond our control, we would leave you a notice of unsuccessful delivery and the merchandise would be returned to our facilities. Once in our facilities, notice would be given for a new delivery, in which case Order confirmation of the cost of the new shipment will be sent. Another option would be the Collection method in our facilities, giving in this case a period of 10 business days to be collected. Please note that from that period we will be authorized to pass on the costs of insurance and storage for an amount equivalent to 0.3% of the value of the merchandise per day of storage.
13. TRANSMISSION OF RISK AND PROPERTY
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 shipping costs.
14. PRICE AND PAYMENT
The prices of the website include VAT (when this tax is applicable), but excludes shipping costs, which will be added to the total amount due as set out in our Purchase - Shipping Guide.
Prices may change at any time, but possible changes will not affect orders with respect to which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling out or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. You have a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.
You can use Visa, Mastercard and American Express as a means of payment, as well as the payment method Sofort (payment by transfer), PayPal, Apple Pay and Google Pay.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
15. PURCHASE AS A GUEST
This website also allows purchase through the purchase functionality as a guest. In this mode of purchase, you will only be asked for the essential data to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
16. QUICK PURCHASE
Through the fast purchase functionality (hereinafter, "Quick Buy"), you can make purchases on this website more easily, avoiding the introduction of shipping, billing and payment data on each purchase.
The Quick Purchase will be available in the Shopping Cart section. To use the Quick Buy, you must save your card details. You can do so when making the payment with any of the cards accepted on this website, by checking the option “save my card details”.
By accepting the use of Quick Purchase, you authorize purchases whose payment you initiate through said tool are charged to the corresponding card associated with said tool. The use of your cards will be governed in any case by the conditions signed between you and the issuer of your card.
You can save the data of as many cards as you wish in Quick Buy, for which you must make at least one payment with each of them. In case you want to save the data of more than one card, the card whose data has been saved most recently will be considered your “Favorite Card”, to which by default the purchases made through Quick Purchase will be charged. However, you can modify your Favorite Card in the “My Account” section of this website. To use the Quick Buy, you just have to click on the “Quick Buy” button that will appear in the Shopping Cart.
A screen will appear immediately with the shipping, billing and payment information of your purchase. The information available on this screen is not editable, so if any data is not correct, do not finalize the purchase. To make purchases with other data, please do not use Quick Buy. You can modify your Favorite Card associated with the Quick Purchase in the My Account section of this website. The provisions of this clause will not apply if you make a purchase as a guest.
17. TAX ON ADDED VALUE AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.
You expressly authorize us to issue the invoice in electronic support. However, you can indicate at any time your willingness to receive an invoice on paper support, in which case, we will issue and forward the invoice in that format.
18. RETURN POLICY
18.1 Legal right to withdraw from the purchase
Right of withdrawal
If you are hiring as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period will expire after 14 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or if the goods that make up your order are delivered separately, to the 14 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
To exercise the right of withdrawal, you must notify BLASCO, at the address: Calle Saturno 8, Parque Empresarial Aulencia, 28229 Madrid, Spain, at 91 813 51 66, by writing to the email email@example.com or to our form contact, your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by postal or electronic mail).
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right be sent before the corresponding term expires.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs to the initial shipping address (with the exception of additional costs resulting from a second or subsequent shipment and insurance and storage costs if any), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the refund until we have received the goods.
You must return or deliver the products directly to BLASCO, at the address: Calle Saturno 8, Parque Empresarial Aulencia, 28229 Madrid, Spain, without undue delay and, in any case, at the latest within 14 calendar days from the date on which you communicate your decision of withdrawal from the contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired.
Unless you return the goods at our facilities, you must bear the direct cost of returning the goods. In the latter case, remember that you must deliver, along with the products, a printed copy of the electronic ticket that you will have received attached to the Shipping Confirmation.
You will only be responsible for the decrease in value of the assets resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
18.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 18.1 above, we grant a period of 30 days from the date of Confirmation of Shipment to make returns of the products (except those mentioned in clause 18.3 next, with respect to which the right of withdrawal is excluded). In case you return the products within the contractual term of the right of withdrawal, but after the legal period has elapsed, you will be reimbursed only the price paid for such products. You will be responsible for the direct costs of returning the product when you do not make the return at our facilities. In the latter case, remember that you must deliver, along with the products, a printed copy of the electronic ticket that you will have received attached to the Shipping Confirmation.
You may exercise your right of withdrawal in accordance with the provisions of clause 18.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period, you must in any case hand over the goods within 30 days from from the Shipment Confirmation date.
18.3 Common provisions
You will not have the right to withdraw from the contract whose purpose is the supply of any of the following products:
1. Custom items
2. Outlet items
3. Fabrics requested to cut
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. 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 conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while in their possession. Please return the item using or including all of its original packaging, instructions and other documents that may accompany it.
You can make returns at our facilities and deliver along with the article the electronic ticket that you will have received attached to the Shipping Confirmation, which is also kept in your account on the website. You can present the electronic ticket showing it in digital form through the screen of your mobile device or carrying it printed. This form of return will not imply an additional cost for you.
You can also contact us through our contact form or return the product directly to the aforementioned address, in which case you must deliver along with the article the printed electronic ticket that you will have received attached to the Shipping Confirmation, which also It is retained in your web page account. Please return the product as soon as possible. You will be responsible for the cost of returning the products.
Please keep in mind that if you decide to return the items due, we will be authorized to charge you the expenses we may incur.
After examining the article we will inform you if you are entitled to reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you communicated to us your intention to withdraw. However, we may withhold the reimbursement until we have received the goods. The refund will always be made in the same means of payment that you used to pay for the purchase. You will assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact form or by calling 91 813 51 66.
18.4 Returns in the Canary Islands, Ceuta and Melilla
If you want to change or return a product that had been delivered in the Canary Islands, Ceuta or Melilla, you can do so by contacting us at the telephone number 91 813 51 66 to agree with us the collection of the product at no cost to you or make the return on your own at your own cost.
18.5 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not conform to the provisions of the contract, you should contact us immediately through our contact form providing the product data as well as the damage suffered, or by calling the number 91 813 51 66 where we will indicate the way to proceed.
The product can be returned by sending it to the address indicated above. We will proceed to examine the returned product carefully and will notify you by e-mail within a reasonable period of time if the refund or replacement of the product (if applicable).
The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully refunded, including delivery costs incurred to deliver the item and the costs you incurred to return it to us. The refund will be made in the same means of payment that you used to pay for the purchase. In any case, the rights recognized by current legislation are safe.
18.6 Right of withdrawal and return of orders from abroad.
If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 18.1, 18.2, 18.3 and 18.4 above will apply.
Likewise, we inform you that under no circumstances (with the exception of the provisions of clause 18.5 to which this clause 18.6 does not apply) we will be obliged to reimburse shipping costs other than those incurred until the original delivery address in Spain or return costs from a destination outside the Spanish territory.
If you hire as a consumer and user, we offer guarantees on the products we sell through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (1) they conform to the description made by us and possess the qualities that we have presented on this website, (2) are suitable for the uses to which the products are ordinarily destined of the same type and (3) present the usual quality and performance of a product of the same type that are fundamentally expected.
In this sense, if any of the products were not in accordance with the contract, you must inform us by following the procedure detailed in section 18.5 above and through any of the means of communication provided for that purpose.
The products we sell, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in the grain, texture, knot and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select products and materials of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
20. RESPONSIBILITY AND EXEMPTION OF LIABILITY
Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
1. loss of income or sales;
2. loss of business;
3. loss of earnings or loss of contracts;
4. loss of anticipated savings;
5. loss of data; Y
6. loss of management time or office hours.
Due to the open nature of this web page 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 web page unless it is established expressly the opposite in it.
21. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or contents that are provided as part of the website correspond to us at all times or to those who granted us a license for their use. You may make use of such material only in the manner expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact information.
22. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page. You agree not to attack this web page through 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 typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
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 the use of this website or of downloading content from it or to which it redirects.
23. LINKS FROM OUR WEBSITE
In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
24. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send to you be in writing. By using this website, you agree that most of such communications with us are electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, 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.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 24 above and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, it was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.
26. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding for both you and us, as well as for our respective successors, assigns and assignees.
You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising therefrom, without obtaining our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its term.
For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, are recognized by law or will void, reduce or otherwise limit the guarantees, both express and implied. , that we could have granted him.
27. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure").The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
1. Strikes, lockouts or other claims.
2. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the period to fulfill those obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure.
The lack of requirement on our part of strict compliance by you of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under of said contract or of 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 by us of a specific right or action will mean a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless expressly stated that it is a waiver and formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.
29. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of nullity.
30. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations initiated by the two before it, except as expressly mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you The other part will be for breach of contract in accordance with the provisions of these Conditions.
31. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.
If you do not agree with the modifications introduced, we recommend that you do not use our website.
32. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through said website will be governed by Spanish law.
Any dispute that arises or is related to the use of the website or to such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are hiring as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.
33. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any questions, complaints or claims through our contact form, telephone or postal or email address indicated in clause 2 of these Conditions.
In addition, we have official claim sheets available to consumers and users. You can request them by calling 91 813 51 66 or through our contact form.
Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification code that we will put in their knowledge and will allow them to track them. If you as a consumer believe that your rights have been violated, you can address your complaints through the email address firstname.lastname@example.org in order to request an out-of-court dispute resolution.
In this regard, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial dispute resolution with us. in terms of consumption accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Madrid, September 2, 2019