GENERAL SALES CONDITIONS
1. GENERAL INFORMATION
This document (as well as any other documents mentioned here) regulates the conditions governing the use of this Website (www.bowserbcn.com) and the purchase or acquisition of products and/or services on it (hereinafter referred to as the Conditions).
For the purposes of these Conditions, it is understood that the activity that Bowser Barcelona develops through the Website includes:
Marketing and distribution of all types of clothing, footwear, accessories and hats.
In addition to reading these Conditions, before accessing, navigating and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Bowser Barcelona. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything previously mentioned, so if you do not agree with all of this, you should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site, since those in force at the time the acquisition of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he may contact the owner using the contact details provided above or, where appropriate, using the contact form.
The ownership of this website, www.bowserbcn.com, (hereinafter Website) is held by: Claudia Dúran Goffard, with NIF73086749V, and whose contact details are Carrer Miquel Angel 120 08028 Barcelona and e-mail firstname.lastname@example.org
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so it is accepted, since the beginning of the navigation through the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Hacer uso de este Sitio Web únicamente para realizar consultas y compras o adquisiciones legalmente válidas.
- No realizar ninguna compra falsa o fraudulenta. Si razonablemente se pudiera considerar que se ha hecho una compra de esta índole, podría ser anulada y se informaría a las autoridades pertinentes.
- Facilitar datos de contacto veraces y lícitos, por ejemplo, dirección de correo electrónico, dirección postal y/u otros datos (ver Aviso Legal y Condiciones Generales de Uso).
The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users resident in Spain. Bowser Barcelona does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Bowser Barcelona declines all responsibility that could be derived from such access, as well as it does not assure shipments or services outside Spain.
The User may formalize, at his or her discretion, the contract of sale of the desired products and/or services with Bowser Barcelona in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users may purchase from the Website through the established means and forms. They must follow the procedure of purchase and/or acquisition online of www.bowserbcn.com, during which several products and/or services can be selected and added to the cart, basket or final space of purchase and, finally, to click in “Check Out or Pay or Make the order or Finish purchase”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an e-mail confirming that Bowser Barcelona has received his order or request for purchase and/or service provision, i.e., the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being sent.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, by requesting it from Bowser Barcelona using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page of the Website, indicating, by way of illustration, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Bowser Barcelona through the Web Site are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are any difficulties in the supply of products or if there are no products left in stock, Bowser Barcelona commits itself to contact the User and to refund any amount that could have been paid by way of payment. This will also be applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (euros) and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Bowser Barcelona provides delivery and/or shipping services through: MRW, Nacex or TNT.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The methods of payment accepted will be: Credit or debit card, and PayPal.
Bowser Barcelona uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verification and authorization by the bank that issued them. If the bank does not authorize payment, Bowser Barcelona will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Bowser Barcelona receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, if applicable, place.
If the payment method is Paypal the charge will be made at the time that Bowser Barcelona sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on “Check Out or Pay or Place Order or Finish Purchase” the User confirms that the payment method used is theirs.
In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla).
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the user and, in any case, within a maximum of 30 calendar days from the date of order confirmation.
If, for any reason, Bowser Barcelona is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and he/she may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the place of delivery at the agreed time, he must contact Bowser Barcelona to agree on another day for delivery.
In the event that 30 days pass since your order is available for delivery, and it has not been delivered due to causes not attributable to Bowser Barcelona, Bowser Barcelona will understand that the user wishes to withdraw from the contract and it will be considered terminated. As a consequence of the resolution of the contract, all payments received from the User will be returned to him/her, with the exception of the additional expenses resulting from the User’s own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by means of the signature of the reception of the order in the agreed delivery address.
The risks that may arise from the products will be borne by the user from the time of delivery. The User acquires ownership of the products when Bowser Barcelona receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Bowser Barcelona.
In accordance with the provisions of Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or services will be understood to be located in the territory where Spanish VAT is applied if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time 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 Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories situations could occur in which taxes and customs duties are applied and accrue at the destination, in accordance with the regulations in force, and that these could be borne by the User.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he or she detects that an error has occurred when entering the data necessary to process his or her purchase request on the Website, he or she may modify the data by contacting Bowser Barcelona through the contact spaces provided on the Website, and, if applicable, through those authorized to contact customer service, and/or using the contact data provided in the first clause (General Information).
In any case, the User, before clicking on “Check Out or Pay or Order or Finish Purchase”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
In the cases in which the User acquired products in or through the Web site of the holder, they attend him a series of rights, as they are enumerated and described next:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such a purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Bowser Barcelona website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up a single purchase order, or in the case of a service contract, 14 calendar days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify Bowser Barcelona of his decision. He/she will be able to do it, in its case, through the contact spaces enabled in the Website or through:
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Bowser Barcelona makes available as an attached part of these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the corresponding deadline.
In case of withdrawal, Bowser Barcelona will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Bowser Barcelona is informed of the decision to withdraw by the User.
Bowser Barcelona will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Bowser Barcelona may withhold such refund until it has received the products or items of the purchase, or until the User presents proof of the return of the same, depending on which condition is met first.
The User can return or send the products to Bowser Barcelona at:
Requesting it in the section of contact or to the mail email@example.com
And you must do so without any undue delay and in any event no later than 14 calendar days from the date on which Bowser Barcelona was informed of the decision to withdraw.
The User acknowledges that he or she must assume the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract in this Web Site is governed, since this same Law establishes that the Right of Withdrawal will not assist the Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by Bowser Barcelona, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or have suffered some damage after delivery.
You must also return the products using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
In the following link you can download the Model Withdrawal Form:
Requesting it in the section of contact or to the mail firstname.lastname@example.org
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, the User must contact Bowser Barcelona immediately and inform it of the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement of the same is appropriate.
The refund or replacement of the product 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 amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, it will always be to the rights recognized in the legislation in force at any time for the user, as a consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Web Site, in the terms legally established for each type of product. Therefore, Bowser Barcelona is responsible for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Bowser Barcelona and possess the qualities presented therein; they are suitable for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected from it. When this is not the case with the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or of manufacture by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal guarantee right directly against the product during the two years following delivery of the product. To do this, the User must have kept all information regarding the guarantee of the products.
9. EXCLUSION OF LIABILITY
Unless otherwise provided by law, Bowser Barcelona will not accept any responsibility for the following losses, regardless of their origin:
- cualesquiera pérdidas que no fueran atribuibles a incumplimiento alguno por su parte;
pérdidas empresariales (incluyendo lucro cesante, de ingresos, de contratos, de ahorros previstos, de datos, pérdida del fondo de comercio o gastos innecesarios incurridos); o de
toda otra pérdida indirecta que no fuera razonablemente previsible por ambas partes en el momento en que se formalizó el contrato de compraventa de los productos entre ambas partes.
Likewise, Bowser Barcelona also limits its liability in the following cases:
- Bowser Barcelona applies all the measures concerning to provide a faithful visualization of the product in the Web Site, nevertheless it does not take responsibility by the minimum differences or inaccuracies that can exist due to lack of resolution of the screen, or problems of the navigator that is used or others of this nature.
- Bowser Barcelona will act with the maximum diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, Bowser Barcelona is not responsible for any damage caused by a malfunction of the transport, especially for causes such as strikes, roadblocks, and in general any other typical of the sector, resulting in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the service from being available. Bowser Barcelona makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
- Bowser Barcelona will not be responsible for the bad use and/or the wear of the products that have been used by the User. At the same time, Bowser Barcelona will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Bowser Barcelona shall not be liable for any failure or delay in the performance of any of the obligations assumed, when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited t:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
- Impossibility to use 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.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Bowser Barcelona will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. Bowser Barcelona will use all reasonable means to find a solution that will allow it to comply with its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with Bowser Barcelona will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Bowser Barcelona sends in electronic form comply with the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Bowser Barcelona through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Bowser Barcelona may contact and/or notify the User at the e-mail or postal address provided.
No waiver by Bowser Barcelona of a right or specific legal action or the lack of requirement by Bowser Barcelona of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver by Bowser Barcelona of any of these Conditions or of any rights or actions under a contract shall be effective unless expressly stated to be a waiver and formalized and communicated to the User in writing.
If any of these Conditions were to be declared null and void by a final resolution issued by the competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. FULL AGREEMENT
These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between the User and Bowser Barcelona in relation to the object of sale and replace any other previous agreement, understanding or promise agreed to verbally or in writing by the same parties.
The User and Bowser Barcelona acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts of sale between Bowser Barcelona and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts.
16. COMPLAINTS AND CLAIMS
The User can send to Bowser Barcelona his complaints, claims or any other comment that he wishes to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Bowser Barcelona has official complaint forms available to consumers and users, which they may request from Bowser Barcelona at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between Bowser Barcelona and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.