1.- SCOPE OF THE CONTRACT
These General Conditions of Contract apply to the sale of all products or services offered by the owner of this website, BADS GLASSES S.L., located at www.bads.es to all those interested in acquiring them.
The use by the user of the services of this website implies adherence to the General Contracting Conditions in the version published by BADS GLASSES SL, at the same time as the purchase order, which, with the legally established advance, will be available to customers on the website.
It is recommended that the user carefully read the General Conditions before proceeding to make a purchase. It will be understood that if the user chooses the option indicated in the "Yes, I accept" button, which appears at the end of these General Conditions of Contract, it will be considered that he understands them and accepts them fully, once he has definitively selected the product or service to acquire and has chosen the means of payment.
On the contrary, if the user does not accept these General Conditions of Contract, he will have to choose the option indicated in the button identified as "I do not accept", located at the end of them. With this action the operation will be concluded and will not entail the assumption of any type of obligation on the part of the user.
The services and products offered through the BADS GLASSES S.L. Website are intended for the purchase by the Users of sunglasses of the brand BADS GLASSES S.L.
To be able to contract an order from BADS GLASSES, the User must be over 18 years of age.
3.- TYPE OF PRODUCTS AND SERVICES
3.1.- In the pages of this website where the products or services offered are displayed, you will find information on the most important characteristics, the sale or service price expressed in euros, including VAT and any other tax whose application is mandatory.
3.2.- The acquiring user will be absolutely responsible for the use made of this contracted product or service, exonerating BADS GLASSES S.L., from the liability derived from any damage that could cause any correct or incorrect use of this good or service contracted.
3.3.- The data included in the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos as well as commercial names, trademarks or distinctive signs of any kind, have a merely informative function. Therefore, BADS GLASSES S.L. declines any responsibility for the appearance of errors in said information, although it undertakes to take all the measures at its disposal to correct as soon as possible the aforementioned errors or omissions after having been informed of them.
4.- ENTRY INTO FORCE
4.1.- The present General Conditions will come into force at the moment in which the user accesses the website and gives his consent to contract the product or service in question. At this moment the user accepts and adheres completely to all the general conditions that are foreseen in this text.
4.2.- In accordance with article 2 of Royal Decree 1906/1999 on General Conditions of Contract, BADS GLASSES S.L. guarantees that it has exposed these General Conditions for a period of more than three days to the generality of the potential users, on a date before they could contract any good or service, thus complying with the period of prior information established in the indicated provision.
5.- PRICE AND FORM OF PAYMENT AND DISCOUNT CODES
5.1.- The price of each of the products or services will be determined clearly on the page where it is displayed, detailing the VAT and the delivery costs depending on the options that the user has filled in at the time of signing the form shopping.
5.2.- The price of the product or service offered may vary from one day to the next when so determined by BADS GLASSES S.L., and the corresponding price is published on the website when it is decided to change it. Therefore, the user will have to take the necessary care when accessing the page where the corresponding product or service is located to access an updated version of it, avoiding access to the version stored in its "cache" memory. To do this, you only need to activate the "Update" icon from your browser. Otherwise, BADS GLASSES S.L. will not be responsible for discrepancies between the price and features of the product or service offered not updated and the one that is updated and truly acquired.
5.3.- Once the form data have been completed, the User must proceed to pay the order through the means of payment specified on the Website.
After the payment is made, the User will receive an e-mail confirming the order, which will include a summary of the items purchased, the mode of shipment requested and the destination address.
If at the time of payment there is an incident that prevents payment, the user will receive an automatic payment error message and your order will not be processed until the payment process is completed successfully.
The prices of the services are expressed in Euros (€), including taxes and management and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order.
5.4.- All the prices shown are final prices, the Value Added Tax (VAT) being expressly included, without prejudice to the fact that the user will have at all times information disaggregated of the price of the product. In the case of the Canary Islands, VAT will be excluded when making the payment of the order.
5.5.- BADS GLASSES S.L. may periodically offer discount codes to its Users. These discounts may only be applied in accordance with the instructions specified by BADS GLASSES S.L. with respect to each code, and in any case, Users may only use a single code per order.
The use of discount codes will not be compatible with certain promotional actions and collections.
6.- DELIVERY OF PRODUCTS AND OTHER DOCUMENTATION
6.1.- Once BADS GLASSES S.L. Verify that the effective realization of the payment has been executed correctly, the product or service purchased will be processed and delivered to the user in the manner and terms contracted.
6.2.- When BADS GLASSES S.L. you have received the information of the order and the cash payment and in case the client has requested it in his order, he will send the corresponding invoice to this operation separating the main price of the VAT that is applicable to him.
6.3.- Once the contract is concluded, at the time of delivery of the product or service, BADS GLASSES S.L. will send the user written justification in a durable medium, such as an email, where the characteristics and description of the contracted product or service will be recorded, as well as all the General Conditions set out here and the specific general conditions of the product or service in question, if that is the case.
7.- RETURNS AND RIGHT OF WITHDRAWAL
7.1.- Returns for manufacturing defects:
The User may return to BADS GLASSES S.L., without any cost, any product that has a manufacturing defect. Taking into account the nature of the contracted products, the User will have a period of one month from when he became aware of the lack of conformity of the product to inform BADS GLASSES S.L. their lack of conformity with them. If this period is exceeded, any damages will be assumed by the User.
The return of products that have manufacturing defects in them, will not entail any additional cost for the User.
To formalize the return, the User must contact BADS GLASSES S.L. within the term granted of a indicating the product or products object of return, enclosing a photograph and a detailed relation of the defects appreciated in the same ones.
Once BADS GLASSES S.L. has received the communication from the User, will inform you within 3 to 5 business days if the product is returned or not. In the event of the return, BADS GLASSES S.L. will indicate to the User the form of collection or delivery of the defective product.
Each product to be returned must be unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it. If this is not done by the User, BADS GLASSES S.L. reserves the right to refuse the return.
Once the product has been received and the defects verified, BADS GLASSES S.L. will give the User the possibility of replacing the product with another of identical characteristics, unless this option is objectively impossible or disproportionate for BADS GLASSES S.L ..
In the event that due to lack of stock, another product with the same characteristics can not be shipped, the User may choose between terminating the contract (that is, the refund of the amounts paid) or requesting the sending of another model that The User voluntarily chooses.
The delivery of the product of identical characteristics or of the new model that the User chooses, as appropriate, will be made in the next 3-5 business days from the date on which BADS GLASSES S.L. will confirm to the User the replacement of the defective product or the shipment of the new model.
The substitution, the sending of a new model or the termination of the contract will not imply additional expenses for the User.
If the User resolves the contract, BADS GLASSES S.L. will carry out the return of the entire amount paid to the User for the purchase of the defective product (including shipping costs).
BADS GLASSES S.L. informs Users that the term of the return of the amounts paid will depend on the payment method that the User would have used when buying the product.
If the User has made the payment by credit / debit card, BADS GLASSES S.L. will refund the amount paid within a period of 14 calendar days since the User decided to terminate the contract.
If the User has made the payment through PayPal, BADS GLASSES S.L. will refund the amount paid within a period of 24-48 business hours since the User decided to terminate the contract.
In the event that the User is not satisfied with the products received in his order, the User, in accordance with the General Law for the defense of Consumers and Users, will have a period of fourteen (14) calendar days to return the entire of the order or, if you prefer, you can return any of the products that make up the total order and all without any penalty and without the need to indicate the reasons.
However, the User must be responsible for the direct cost of return to BADS GLASSES S.L., whether you return the order in full or if you decide to return only some of the products of the order.
To formalize the return, you must contact BADS GLASSES S.L .. Received this communication, BADS GLASSES S.L. It will indicate the way of sending the order to your offices or warehouses.
The User may send the product to the following offices / warehouses of BADS GLASSES S.L .:
BADS GLASSES S.L .: C / Carles Regàs Cavalleria, 22/08560 / Manlleu (Barcelona).
BADS GLASSES S.L. is not responsible for the courier company that the User contracts for the return of the order. In this sense, BADS GLASSES S.L. recommends that the User require the courier company to provide the proof of delivery once the courier has deposited the product in the offices of BADS GLASSES SL, so that the User has proof that the product has been delivered correctly to BADS GLASSES SL BADS GLASSES SL It is not responsible for the address where the User sends the order for its return.
The costs of the return of the order (such as shipping costs through courier companies) will be assumed directly by the User.
The product must be unused and with all its labels, packaging and, if applicable, documentation and original accessories that came with it. If this is not done by the User or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that BADS GLASSES S.L. the return can be denied.
Once BADS GLASSES S.L. check that the order is in good condition, BADS GLASSES S.L. will proceed to return all the amounts paid by the User.
If the User decides to return the order in full, BADS GLASSES S.L. will return to the User all the amounts that the latter has paid (including shipping costs).
If the User only wishes to return one or some of the products that were part of the order, BADS GLASSES S.L. You can not return the shipping costs that the User has paid for the entire order. BADS GLASSES S.L. informs the Users that the term of the return of the amounts paid will depend on the method of payment that the User had used when buying the product.
If the User has made the payment by credit / debit card, BADS GLASSES S.L. will refund the amount paid within a period of 14 calendar days since the User decided to terminate the contract.
If the User has made the payment through PAYPAL, BADS GLASSES S.L. will refund the amount paid within a period of 24-48 business hours since the User decided to terminate the contract.
In any case, BADS GLASSES S.L. return the amounts paid as soon as possible and, in any case, within 14 calendar days following the date on which the user has informed of its decision to withdraw from the contract.
In the case of promotions applicable to the acquisition of independent items that include the addition of an additional product, being, but not limited to, promotions 2x1, 3x2 or any other that involves the delivery of an extra product free of charge or Reduced price, if the User decides to apply their right of withdrawal on their purchase, said right will have effects on the set of products provided as part of the promotion.
7.3.- Product Change Policy:
BADS GLASSES S.L. does not allow the exchange between a product purchased by the User for another product that is offered on the Website.
In the event that the User wants to make the change in a product, he must exercise his right of withdrawal on the same as established in clause 6.2 and subsequently buy the new product he desires.
8.- OBLIGATIONS OF BADS GLASSES S.L .
8.1.- BADS GLASSES S.L. undertakes to fulfill the following obligations in the relationship established with the acquiring user:
• Make available to the user on the website the necessary information regarding the products that BADS GLASSES S.L. offers in the terms provided by law.
• Send to the purchaser a receipt that shows receipt by BADS GLASSES S.L. of your request or order placed.
• Use all the attention and professionalism considered reasonable for the assumption of the services and products offered.
8.2.- BADS GLASSES S.L. reading glasses, according to the provisions of Royal Decree 1275/2011, have passed the controls of the "Spanish Agency for Medicines and Health Products".
9. OBLIGATIONS OF THE ADQUIRING USER
9.1.- The acquirer undertakes to comply with the following obligations in the relationship established with BADS GLASSES S.L .:
• Fill out the order forms and their fields according to the instructions that BADS GLASSES S.L. indicated to the effect.
• Pay the price of the product you wish to purchase according to the instructions of BADS GLASSES S.L. and in accordance with what has been stipulated in this contract.
• The user agrees to have selected a prescription previously prescribed by an optician.
10.1.- The acquiring user will be responsible for all data and statements included in the forms sent to BADS GLASSES S.L. as well as the content of any other communication that you send to it through any other means.
10.2.- The mere sending of the application form for a specific contract and the corresponding payment does not imply the automatic acceptance of BADS GLASSES S.L. of this order, but it will be understood that it accepts it when BADS GLASSES S.L. send the purchaser a justification for having received your request indicating that you are proceeding to perform this position.
10.3.- The acquiring user will be responsible for all consequences, damages, loss of profits, etc. that derive from its use, use or correct or incorrect treatment of the good or service by the user or third parties.
10.4.- BADS GLASSES S.L. is not responsible for an erroneous choice in the graduation selected by the user. The user is the one who is responsible for having verified that the chosen graduation is the correct one according to his visual necessities.
11.- PROTECTION OF DATA
11.1.- The user is informed of the existence of an automated file with the data that is collected in the different forms of this website, indicating when the requested data are necessary for the provision and management of the services offered and when They are optional. If you do not fill in the fields of the forms that are mandatory, BADS GLASSES S.L. can not supply the products and services it offers and will communicate them to the user.
11.2.- The automated data file is the responsibility of BADS GLASSES SL, whose current address is Manlleu (Barcelona) C / Carles Regàs Cavalleria, 22. The data will be processed in order to manage the contractual relationship with the user, as well as for the sending of commercial information related to the products and services of BADS GLASSES SL.
11.3.- The sending of forms will imply the express consent of the affected party for the cession of their personal data contained in the aforementioned automated file in BADS GLASSES S.L. as well as to all persons to the extent necessary to carry out the actions or benefits provided in this contract and to carry out the planned information and marketing work.
11.4.- The person responsible for the file undertakes to keep secrecy regarding the data contained in the automated file in accordance with the legislation applicable for that purpose.
11.5.- Even so, the user is informed of their right of access, rectification, cancellation and, where appropriate, opposition in accordance with that established in Organic Law 15/1999, of December 13, on the Protection of Data of Character Personnel and other regulations applicable for this purpose, which may be exercised by contacting the address of the person responsible for the aforementioned file.
12.- ASSIGNMENT AND SUBROGATION
BADS GLASSES S.L. may hire or collaborate with subcontractors, or assign the contracts formalized to third parties, in order to carry out the subminister of all or part of the service or product to which it is committed by virtue of the different operations that are formalized in accordance with what is established in these General Conditions.
13.- EXTINGUISHMENT AND RESOLUTION
13.1.- This contract will be terminated when both parties comply with the obligations to which they commit themselves in the same or when it is resolved by any of them if any of the causes foreseen for the resolution is present.
13.2.- This contract may be terminated by any of the parties if the counterparty seriously breaches any of the obligations established therein, without prejudice to the eventual claim for damages, including lost profits, that may correspond to such breach.
14.- NOTIFICATIONS AND PREVIOUS
14.1.- Any notification or advance notice for any of the parties will have to be sent by any means that allows to reasonably believe that this information has arrived safely, if possible by means of the electronic mail.
14.2.- Notifications that the user or acquirer sends to BADS GLASSES S.L. You can do so at the following email address: email@example.com
15.- RELATIONSHIP WITH OTHER CONTRACTS
15.1.- The relationship between the user or acquirer and BADS GLASSES S.L. is governed by these General Conditions, regardless of the validity of the Legal Notice of the website, which will be applied as a supplementary, and in which does not contradict these General Conditions.
15.2.- Without prejudice to the foregoing, for the acquisition of a specific good or service, any other specific General Conditions for this good or service may be attached and submitted for the user's approval. In this case, the aforementioned Specific General Conditions will be applied preferentially to the relationship between the user and BADS GLASSES S.L. and only in a supplementary way and in what does not contradict them, the present General Conditions will apply.
16.- INVALIDITY AND PARTIAL NULLITY.
If any of the provisions of this contract were considered null or unenforceable (in whole or in part) by any Court, Court or competent administrative body, this nullity or non-application will not affect the other provisions of the contract, which will remain in full force and effect.
17.- APPLICABLE LAW
This contract will be interpreted and will be governed in accordance with current Spanish legislation.
18.- COMPETENT JURISDICTION
The parties, with express waiver of any jurisdiction that may correspond, submitting any interpretation or controversy resulting from this contract to the Courts and Tribunals of Vic.