Envio Better and Best

INFORMATION PRIOR TO PURCHASE

1 - TERMS OF USE

1.A – COMPANY LEGAL INFORMATION

NUEVO BORGIA, S.A. (hereafter BETTER and BEST) is a Spanish company, registered in the Commercial Register of Madrid (Tomo: 13806, Folio:88, Section: 8, Hoja M-225625, Inscription 1ª) with VAT nº A-82201591, registered office address at c/Cinca 23, 28002 Madrid, and headquarters at c/Lanzarote   1-7, Depot 28, in San Sebastián de los Reyes, 28709 Madrid.

1.B –SUBJECT

BETTER and BEST activity is to commerce and sell decorative objects and gifts and is the owner of the web site (hereafter the WEB), http:// www.betterandbest.es

Subject of this WEB is to exhibit the range of articles with aim of receiving orders and consequently, confirm sale contracts. The mere access to the WEB confers the visitor the condition of “User”.

The “User” accepts plainly and without exceptions all and each of the specifications included in these General sales Conditions, Privacy policy and Particular Conditions on purchase process.

“User” will be responsible of checking these conditions each time he visits the WEB.

1.C –ACCESS TO THE WEB

In general terms, the access to the WEB will be free. If, after visiting the WEB, “User” confirms an “Order”, a customer number will be assigned and this will be used in the future for speeding next orders.

Nevertheless, BETTER and BEST withdraws the right of requiring in the future the use of a password for “User” log-in.

1.D –”USER” COMMITMENT

“User” will be at least 18 (eighteen) years age (Spanish Legal Age for Contracting).

“User” is obliged to guarantee the veracity and accuracy of the information registered in the WEB, as well as being the owner of the payment tools used. In any case, “User” will be the only responsible of false and/or un-correct statements introduced, and of any damage caused to BETTER and BEST or third parties due to the false information given.

“User” is obliged to use correctly the information services received through this WEB according to the Law, the good faith and ethical procedures commercially accepted, committing inexcusably to:

  • Abstain of using the WEB with illegal intentions.
  • Abstain of using the WEB with fraudulent intentions or any that may damage BETTER and BEST or third parties.
  • Not carrying out any action intended to invalid, overload or damage systems and equipment of the WEB.
  • Not developing any promotional, publicity or commercial action, nor use the information contained in the WEB for any activity before third parties.

Basically, not realizing any kind of action through this WEB different than that of its object: which is to offer to the “User” the articles of BETTER and BEST, and if given the case, by mutual agreement, to perform, through an order a sales contract.

1.-E.- INTELECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HIPERLINKS

All the contents shown in the WEB are under the intellectual and industrial property rights of BETTER and BEST being absolutely forbidden its use on any other media or site without previous written authorization from BETTER and BEST.

1.F – PERSONAL DATA PROTECION POLICY

PRIVACY POLICY

As stated by the Organic Law 15/1999 of December 13th, Personal Data Protection, BETTER and BEST informs that all data provided by the “User” on the WEB on behalf of its commercial relationship will be loaded into a file for its automatic treatment, kept under the responsibility of BETTER and BEST.

These data will not be used but to inform the “User” through the WEB or for sending them information which may be of their interest, or requested by them, always prior authorization from the “User”.

The “User” accepts the use of this file, unless stated by mail the prohibition of its use.

Furthermore, when “User” uses any other delivery address, for example on the case of wedding presents, this delivery information will not be used in any case.

Moreover, BETTER and BEST keeps its right, on terms of improving their service in the future, of activating “cookies” programs through which “User” information may be obtained.

1.G – BETTER and BEST RESPONSABILITY

BETTER and BEST will only respond of the damage which the “User” may suffer as a consequence of the use of the WEB when this damage may be caused by a starring malicious of the company and, in any case, will be limited to the order amount which origins the dispute, not being possible to be questioned for errors or omission which may have occurred in spite of all precautions taken to avoid it.
BETTER and BEST is not responsible of any damage caused by omissions, interferences, informatics viruses, “User” system or computer equipment switch-off, delays, net overload or failures, third parties illegal meddling in the WEB, any other mayor force reason, etc, or any other incident caused beyond BETTER and BEST control.
In any case, “User” commits to try to solve in friendly terms, any kind of difference with BETTER and BEST.

1.H.- CONTACT

For any communication between BETTER and BEST and the “User”, he will contact, Customer Service by sending an email to the email address: info@betterandbest.es.

 

 2.- PARTICULAR CONDITIONS OF THE PURCHASING PROCESS

2.A.- INTRODUCTION

The present particular conditions of the shop on-line operated by NUEVO BOGIA, S.A. (hereafter BETTER and BEST) are offered as an information prior to the purchasing process and complementary to the general conditions of sale and privacy, that regulate the general use of the web site accessible through http:// www.betterandbest.es

Any purchase done through the BETTER and BEST web site necessarily obliges to the acceptance of the use and access general conditions of the web site, as well as the present particular condition, without any objection to any of its terms.

2.B.- GENERAL INFORMATION

NUEVO BORGIA, S.A. (hereafter BETTER and BEST) is a Spanish company, registered in the Commercial Register of Madrid (Tomo: 13806, Folio:88, Section: 8, Hoja M-225625, Inscription 1ª) with VAT nº A-82201591, registered office address at c/Cinca 23, 28002 Madrid.

Any incidence or claim over a purchase from BETTER and BEST should be communicated to the e-mail address info@betterandbest.es

2.C.- TRANSACTION OF ORDERS

Information and details contained in the web site do not represent an offer for selling, but an invitation for contracting.  There will not be any sales contract until “User’s” order has been accepted by us.  If your shopping offer is not accepted, but a charge to “User’s” account has been already made, the amount will be totally reimbursed.  If it is partially accepted, the amount of the not accepted part will be reimbursed.

Orders will be transacted through BETTER AND BEST, following the instructions of the web page, where the “User” will be informed, previous to the completion of the order, of the exact amount, as well as the correspondent delivery costs, if it takes place within the peninsular Spanish territory.  Nevertheless, the order will only turn into contract at the moment of receiving, by the “User”, our “delivery confirmation”, and the contract will only affect the products included in the confirmation.  Only people over 18 years of age will be permitted to place an order.  The “User” that places an order guarantees that is at least that age, as well as the veracity of all the registration information given.  Also, the “User” must be the owner of the tool of payment used to place the order.  In any case, the “User” will be the only responsible for any false or incorrect information given and for the damage caused to BETTER AND BEST or any third party, for the information given.

2.D.- SALE PRICE AND TERRITORIALITY.  EXTRA SHIPPING

Sale prices that appear in the web page are calculated in Euros, including VAT, not including delivery costs that, depending on each order, will be added to products’ prices.

Delivery costs will be calculated “by order”, disregarding the number of articles in the order.  BETTER AND BEST keeps the right to partially send an order, in one or more deliveries.

Delivery costs that appear in the web page are as well calculated in Euros, including VAT.  These prices are only valid within the Spanish peninsular territory, except for those articles marked in the WEB as “check delivery cost”.  For any delivery to the rest of Spain, that means, Islas Baleares, Canarias, Ceuta, and Melilla, delivery costs will be calculated for each particular case.  In the same way, delivery costs for any international delivery will always need to be checked.

Also, in the case of territories with special legislations, products’ prices will be adapted to comply with legislation in force.

For any question we can be contacted by e-mail at the e-mail address: info@betterandbest.es

2.E.- AVAILABILITY OF PRODUCTS

If, for any reason, it was impossible to send any product of an order, BETTER AND BEST will contact the “User” as soon as possible to inform him of the circumstance and will proceed to reimburse its price, as well as delivery costs of delivery.

2.F.- SHOPPING PROCEDURE, WAY OF PAYMENT

The shopping procedure and way of payment will always be the established in the web page.  BETTER AND BEST keeps its right to modify them at any time.

2.G.- MODIFICATIONS IN THE CONTENTS OF THE WEB PAGE

BETTER AND BEST keeps the right to decide at any time the products to be offered in the web page, and may remove any product, or include new ones, rise or lower prices, delivery costs, or make any change, always respecting parameters of the orders received when these modifications take place.  New products will run under the general and particular conditions of this web.

Even though at this time it is not necessary, BETTER AND BEST keeps the right to request a log-in password, as well as to prohibit access to any “User” who has broken sales conditions.

2.H.- RETURN OF PRODUCTS – RIGHT OF WITHDRAWAL

The “User” counts on the possibility to exercise his right of withdrawal over the purchase of products from BETTER AND BEST with seven days from reception of the order at the delivery address.

Return of products will only be admitted if they are in perfect conditions, have not been used, and keep their original label and package, also in perfect conditions.

BETTER AND BEST keeps the right to deny the return of products, may the stated in this particular conditions be infringed.

To exercise the right of withdrawal, the “User” must, within seven labour days following reception of the goods, send an e-mail to info@betterandbest.es, indicating the number of order subject of the return, as well as the product or products to be returned.

Any expenses incurred by the withdrawal will be assumed by the “User”, and each product to be returned must be in perfect conditions, not used, and with all its original labels, documentation, and package.

Nevertheless, BETTER AND BEST will reject any return sent COD, or by any way other than the hereby stated.

Once the good returned are receipt, BETTER AND BEST, after the inspection of the products, will contact the “User” and inform him on the acceptance or non-acceptance of his request.

In the case of acceptance of the request, reimbursement of the amount of the goods will be done as soon as possible, and, in any case within one month-time from the date of reception.  Costs of delivery, in the case of return for withdrawal, will be assumed by the “User”.

2.I.- RETURN OF PRODUCTS – MANUFACTURING DEFECT

In the case of receiving one or more products with manufacturing defects, the “User” will always have the possibility to proceed to return them, informing of the incidence within 24 (twenty four) hours after reception of his order, to the e-mail address info@betterandbest.es

As in the case of return for withdrawal, each product to be returned must be, unless manufacturing defect being the cause of return, in perfect conditions, not used, and with all its original labels, documentation and package.

BETTER AND BEST will contact the claimer as soon as possible, and will agree the pick up of the product, on its own behalf, being forbidden the return by any other means, and keeping the right to not accept any return COD.

Once examined the product received with manufacturing defects, and accepted the claim, BETTER AND BEST will contact the claimer to agree its replacement with no additional cost, or may it not be possible, the complete reimbursement of the price and shipping costs of the product returned.

In the case of a delivery error of a product other than the requested, the same conditions will apply that in the case of delivery of a product with manufacturing defect.

2.J.- DURATION AND MODIFICATION OF THE CONDITIONS – FORCED MODIFICATION

BETTER and BEST may modify, partially or totally, the preceding terms and conditions previous notice in the Web, and they will be considered operative in the meantime.

The not application, in a particular case, of any rights or statements contained in these conditions by BETTER and BEST, will not be considered, in any case, a renounce to them.

May the legislation in force change, and thus may any of the actual or future conditions be not considered of application, the rest of them will remain in force, and BETTER and BEST will be committed to adapt the non applicable condition to the new legislation.

2.K-

May any litigation arise between BETTER and BEST and “Users” of the web page, specially any trouble in the purchasing process, both parts will compromise, renouncing to any other right, to submit to the courts and tribunals of the city of Madrid.  Spanish Legislation in force will be of application.