Termini e condizioni del servizio
The terms and conditions (collectively, “terms”) apply to your use and access to www.bruleebeachwear.com including all orders submitted by you for any products or services made available by Brulée Beachwear through www.bruleebeachwear.com.
Brulée Beachwear is referred to in these terms and conditions as “Brulée Beachwear”, “we”, “us”, and www.bruleebeachwear.com may be referred to as “the Website”.
- Changes To Terms
0.0 We amend these terms from time to time. Every time you order products from www.bruleebeachwear.com, please check these terms to ensure you understand the terms in force at the time of your order, which terms will apply to the contract between you and us.
0.1 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the offered products or just the products you are yet to receive. If you opt to cancel due to these changes of terms, you will have to return any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- About Us
1.1 We are www.bruleebeachwear.com, Brulée Beachwear, an online store registered under the name of Raquel Muñoz Vélez, Passatge Margarida Xirgu, 18-20, El Prat de Llobregat, - Barcelona, 08820, Spain, VAT n. ES46798890P.
1.2 You can contact us by telephoning our Customer service team on +34644084602 or by emailing: firstname.lastname@example.org.
1.3 If we have to contact you we will do so by telephone or in writing to you at the email address or postal address you provided to us in your order.
1.4 When we use the words “writing” or “written” in these terms, this includes emails.
- Our Contract With You
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 Our acceptance of your order will take place when we email you to confirm dispatch of your product, at which point a contract will come into existence between you and us.
2.4 If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. This might be because the product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We reserve the right not to accept an order for any reason.
2.5 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our Products
3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 The packaging of the product may vary from that shown on images on our website.
- Your Right To Make Changes
4.1 If you wish to make a change to the order after processing, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Providing The Products
5.1 The costs of delivery will be as displayed to you on our website.
5.2 During the order process we will let you know when we will provide the products to you. Our estimated delivery times are set out on our Shipping Information page.
5.3 We are not responsible for delays outside our control (including customs clearance processes). Please see clause 14, which relates to events outside our control.
5.4 We insure each order during the time the product is in transit until it is delivered to the address you have provided.
5.5 We require a signature for all products delivered.
5.6 If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or a person at their delivery address) is evidence of delivery and fulfilment of the order and you become responsible for the product from this time.
5.7 The product will be your responsibility from the time we deliver the product to the address you gave us and you (or a person at your delivery address) have signed for the products.
5.8 You own the products once we have received payment in full.
5.9 We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
5.10.1 deal with technical problems or make minor technical changes;
5.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
5.10.3 make changes to the product as requested by you or notified by us to you.
5.11 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.12 If we miss the delivery deadlines for any products then you may cancel your order straight away if any of the following apply:
5.12.1 we have refused to deliver the products;
5.12.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.12.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.13 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.12, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
5.14 If you do choose to cancel your order for late delivery under clause 5.12 or 5.13, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
- Delivery to countries within the European Union
6.1 We deliver to all countries listed within the European Union.
6.2 Orders to destinations in the European Union will not be subject to Import Taxes & Duties.
6.3 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
- Your Right To End A Contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
7.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 if you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.2 If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 As a consumer you have a legal right to cancel the contract. You have 14 days from after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep a product you can notify us within the relevant period of your decision to cancel and receive a refund.
- Consumer Rights
8.1 To end the contract with us, please let us know by phone, email or logging into your account/visiting the guest portal or email. Log into your Brulée Beachwear account or the guest portal detailed in the returns section and request a return. You can call customer services 0034 644 08 46 02 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us no later than 14 days after the day on which you receive your “Return Request Authorised” email from us. You must post them back to us by secure means and ensure the products reach us in good condition and unused at your own cost, or you may use our free UPS collection service within Europe. Cancelled orders and returns should be returned to Brulée Beachwear E-Commerce, Carrer San Pol, 15, 08820 El Prat de Llobregat, Barcelona, Spain.
8.3 When we will not cover the return shipment unless specified in your Returns Merchandise Authorisation (“RMA”) confirmation email or;
8.3.1 if the products are faulty or misdescribed; or
8.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
8.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 If you are exercising your right to change your mind:
8.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. For this reason we recommend that you insure the products whilst they are being returned to us.
8.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8.8 We recommend that you retain proof of sending the products back to us. If we do not receive the products, we will arrange to have them collected at your cost.
8.9 If you are exercising your right to change your mind, you may prefer to return or exchange items using our free return and exchange collection service. You will need to request your Returns Merchandise Authorisation (“RMA”) number within 14 days after the day you receive the goods and return your unwanted items within 14 days after the day of receiving your RMA number. You can exchange the item for the same item in a different size, if available. Shipping is complementary on a replacement item.
- Our Right To End A Contract
9.1 We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, you do not, within a reasonable time, allow us to deliver the products to you.
- Product Issues
10.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team 0034 644 08 46 02 or email us at firstname.lastname@example.org.
10.2 We are under a legal duty to supply products that are in conformity with this contract. See the paragraph below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
- This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www. consumo.gob.es or call Citizens Advice consumer helpline: +34 91 822 45 55..
- The Consumer Rights Act 2011 (2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights) says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- If your product breaks within the first 6 months, it is assumed that the problem existed when you received the goods, unless the trader can prove otherwise. Therefore, you have the right to a repair or replacement free of charge, or if this turns out to be too difficult or costly, you may be offered a price reduction or your money back.
- If your product breaks after 6 months, you still have the right to have your goods repaired or replaced for free or, at least, to a price reduction or your money back. However, you may need to prove that the problem existed when you received the goods.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us by secure means. We will pay the costs of postage or collection. Please call customer services on +34644084602 or by emailing: email@example.com. for a return label or to arrange collection.
- Price & Payments
11.1 Where to find the price for the product. The price of the product (which includes VAT as set out in clause 11.4) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 11.6 for what happens if we discover an error in the price of the product you order.
11.2 Prices for our products may change from time to time, but changes will not affect any order that we have already invoiced.
11.3 The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
11.4 Prices shown are inclusive of VAT (where applicable) in Euros.
11.5 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.6 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is different to the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.7 You must pay for the products before we dispatch them.
11.8 You confirm that the credit/debit card or payment method that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
11.9 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
11.10 Promotions cannot be combined with other offers and discounts with the exception of delivery promotions or unless indicated.
- Using Your Data
- Our Liability
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
- Communications Between Us
15.1 When we refer, in these terms, to “in writing”, this will include e-mail.
15.2 If you are a consumer you may contact us as described in clause 1.2.
15.3 If you are a business:
15.3.1 any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
15.3.2 a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission;
15.3.3 in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee;
15.3.4 the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Use Of The Website
16.1 If you register an account with us, you are responsible for keeping your password and user name confidential and for all activities that are carried out using them. You agree to notify us immediately by email to firstname.lastname@example.org if you become aware of or suspect any unauthorised use of your password or user name.
16.2 Your promises to us
16.2.1 You confirm that: (a) all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and (b) you will comply with the restrictions on your use of the website as set out in these terms.
16.2.2 You agree that in using the website you will not: (a) use the website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the website less efficient; (b) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.
16.2.3 You agree to compensate us fully if: (a) a claim or legal proceeding is brought against us by any other person as a result of your breach of these terms; and/or (b) you have acted negligently, recklessly or in a deliberately harmful way and we have suffered losses as a result of your use of the website or any content you have submitted to us.
16.3 Rights granted and rights reserved
16.3.1 We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavour to ensure that the website is always available but do not guarantee that it will be available uninterrupted or error free.
16.3.2 We are the owner or the licensee of all website design, text, graphics and software. Your use of the website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.
16.3.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the web pages or materials on the website or the computer codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.
16.3.4 Any use other than that permitted may only be undertaken with our prior express permission.
16.4 Links to and from other websites
16.4.1 You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.
16.4.2 You may not frame our website nor may you create a link to any part of our website other than the home page unless we give you written permission (which we may withdraw at any time).
16.4.3 Where our website contains links to other websites provided by third parties, these links are provided for your information only and do not constitute an endorsement by us of those sites. We have no control over the contents of those sites and accept no responsibility for them or any loss or damage that may arise from your use of them.
- Other Important Terms
17.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.3 These terms are governed by Spanish law and you can bring legal proceedings in respect of the products in the Spanish courts.