TRANSPARENCY POLICY - GENERAL HIRING CONDITIONS
1. IDENTIFICATION OF WEBSITE MANAGER
Website owner: Berriz moda SL
Nombre comercial: BERRIZ
Address: Calle hondarribia 21, 20005, Donostia-San Sebastian ,(Guipúzcoa)
Tax ID: B75028498
Telephone 2: 688640406
Berriz moda SL general hiring conditions, along with particular conditions that may be set if applicable, regulate the conditions applicable to the user's entire electronic hiring process for services and products that BERRIZ offers through its website www.berrizmoda.com.
These general conditions are valid for as long as they are displayed on the website, as long as they are entirely access to users. The BERRIZ reserves the right to totally or partially modify them with no prior warning. This reserved right is also applicable to the particular conditions and legal texts displayed on the website. The new conditions shall be applicable as of the moment they are displayed on the website and are once again accessible for users. It is the user's responsibility to verify that the general conditions are in force, and are therefore applicable, at all times. Therefore, once the general conditions have been modified, when the user accesses the website, this implies that the user accepts them.
It is necessary and mandatory that the user accept the general conditions in force when conducting the hiring in question, and this is why the user is subject to them. Under no circumstances is it possible to hire any product or service if the user has not previously accepted both the general conditions and, if any, particular conditions.
If the user does not agree with any general condition, they must not use the website. Once the user has used the website and/or requests the purchase or a product or service, they agree to be bound by these Conditions.
Before purchasing any product and/or service from our website and before payment, all users must identify themselves.
Once identified and authenticated, the user may purchase any product and/or service. All purchases made in this fashion are valid and binding, the user being held liable for any third party using their user name and password through our website.
It is expressly forbidden for minors or users who do not meet the requirements set forth in these general conditions to purchase products through the website. In the event that a minor falsifies login information, makes a purchase or acquires a product and/or service, BERRIZ understands that they are doing so under the supervision of their parents, guardians and/or legal representative. In any event, if there is no responsible parent, guardian or legal representative supervision, once executed, the contract may be declared null and void due to vitiated consent. The parties responsible for the minor must compensate the harm and damages caused to the website owner.
The parties in the electronic hiring process through www.berrizmoda.com are the user and Berriz moda SL.
A user is all natural persons of legal age with legal capacity to enter into contracts through the website, with a ID document, as well as all duly accredited legal persons who access, browse and/or use the website www.berrizmoda.com and accepts these general conditions for hire, and if any, the applicable particular conditions.
The user assumes liability for proper use of the website. this means only using the website to make purchase/acquisitions/hires that are legally valid, not making any false or fraudulent purchases and providing truthful information (such as name, email, address, ID document, bank cards, etc.).
The user is hereby warned that purchases/acquisitions/hires with a third party's name and without said party's authorisation may constitute identity theft and/or fraud, which we are bound to report to public authorities.
The user accepts these general conditions as soon as they access the website.
4. ACCESS AND REGISTRATION ON THE WEBSITE
It is open and free of cost to access our website www.berrizmoda.com, and it is not necessary or mandatory that users register to do so.
User identification and registration is only necessary for the process of electronically hiring products and/or services provided on our website. The instructions below must be followed to register as a user: -You must be of legal age, hold full legal capacity and provide the mandatory data required on the form on our website. -Both legal and natural persons can register. -All users will have a login password, which will be valid for a limited period of time and must meet minimum length and security requirements. The user may modify or recover this password at any time, following the procedure set forth on the website to this end. -If any circumstance occurs that provides for undue use of the user name and/or password (robbery, theft, unauthorised access, etc.), the user must notify Berriz moda SL immediately to immediately cancel the account. As long as Berriz moda SL is not notified of any circumstance in this regard, it is exempt from any liability that may arise from unauthorised third-party undue use of user names or passwords. For the user to cancel registration as a user of the website, and thus terminate the contractual relation with Berriz moda SL, they must cancel their account (Account cancellation process), notwithstanding the obligations stemming from formalising orders prior to termination of the contractual relation with Berriz moda SL. Both Berriz moda SL and the user may unilaterally decide to put an end to the contractual relation binding them at any moment and for no other reason than their desire to terminate it. Once registration has been cancelled, the user may request new registration, but BERRIZ is authorised to not accept this new registration in the cases set forth and specified in the clause "parties" and/or in cases when a conflict has arisen and is pending resolution between the parties, or that ended with recognition of the user's guilt or negligence and/or harm to the supplier, the suppliers' collaborators and associates or users, clients or potential clients. Moreover, Berriz moda SL reserves the right to delete the personal data and password of users who have contracts in force or that have been executed from whence legal and tax obligations, unpaid balances, etc., arise.
5. ELECTRONIC HIRING. INFORMATION ON PRODUCTS AND/OR SERVICES
BERRIZ publishes all information on the products and services displayed on the website, which includes: product brand and model, images, description, price, any applicable discounts, technical specifications, financing, availability (for the product, for shipping and for pick-up at point of sale), opinions and assessments from other users, if applicable, and other related products.
Each Point of Sale belonging to BERRIZ may, at any time, add new products to those included on the website. In this case, provisions set forth in the General Conditions in force shall prevail at this time. Moreover, the Point of Sale reserves the right to remove or cease to offer any product offered on the website, at any time and with no prior notice.
6. ELECTRONIC HIRING. PURCHASE/ACQUISITION PROCESS
Once the user has properly logged in and identified themselves with the user name and password, they can proceed to purchase on the website. The user acknowledges that they are aware, when purchasing or acquiring the product or service, of certain particular sales conditions regarding the product in question, which are displayed on the website. Moreover, the user acknowledges that placing a purchase order implies their full acceptance of the particular conditions applicable to each product/service.
The online purchase/acquisition procedure is as follows:
-Select the products or services and add them to the final purchase page (shopping cart) and validate the purchase displaying the selected products and/or services, the amount and the price.
-Complete the information requested in each step of the purchase process. At any time during the process, the user may modify any purchase data entered.
-Expressly accept the general hiring conditions by clicking on the pertinent accept box. If the user does not click on the box and does not accept the general conditions, they shall not be permitted to continue the purchase process.
-Select the desired payment method. The website accepts the following:
- Online payment with credit/debit card
- Online bank
- Payment gateways/Digital wallets (PayPal, Apple Pay, Android Pay, etc.)
- Payment with mobile telephone
- Bank transfer
- If the user selects bank transfer as the payment method, the order is reserved for 5 calendar days as of order confirmation to provide sufficient time for the bank transfer. Once the transfer is received, the order is prepared and managed. The user must correctly enter the exact order amount, the account number and the reference in the transfer.
- The website automatically redirects the user to the online payment platforms of the pertinent banking entities, thus guaranteeing confidentiality of the payment data. At no time do we have access to the payment data provided.
-The user will receive an email with the invoice, with a breakdown on the content of their purchase, informing them that the purchase process was satisfactory, and the purchase/acquisition will be confirmed within a maximum period of 24 hours.
-Acceptance of the general conditions implies agreement to receive invoices electronically, but the user may also access and download the invoice in the "My orders" tab on the website.
-If the user wishes to obtain an invoice in physical format rather than digital, they may request it by sending an email to email@example.com. To this end, they must identify themselves and the pertinent order and request a paper invoice.
Purchase orders received by www.berrizmoda.com are subject to the availability of products and services and/or no event of force majeure occurring that would make it impossible to supply them or provide services.
If impossible to do so, www.berrizmoda.com undertakes to contact the user in question and reimburse any monetary amount that may have been deposited.
8. CONDITIONS AND PAYMENT METHODS
All products and services offered by our website bear the final price of the product, including discounts if applicable.Prices are always shown in euros and with VAT included, as well as other applicable taxes.
In the event that the user selects the option to collect the product at the shop/point of sale, the user must select the specific shop where they wish to pick up the purchased products. The website's products are subject to stock availability. For all purposes, the location where the contract is entered into is the address for the Point of Sale.
Prices of products and services may change and be modified with no prior warning; said changes will never affect the purchases made by users that have already received order confirmation. In other words, the rates applicable when the purchase was made are applied.
The payments of purchases in www.berrizmoda.com are made through an official banking channel with all the encryption systems and security of data transfer through the SSL protocol, so that the buyer will enjoy at all time with the protection of these channels.
The payment methods accepted by our website are subject to verification by the issuing bank entity. If the entity does not authorise the payment, the user cannot continue with the purchase process. Therefore, the contract with the user cannot be formalised, and the order is automatically cancelled.
9. PRODUCT DELIVERY
When possible to make a physical delivery of the purchased product, the user may select this option for their shipping zone. The user may pick up the product at the Point of Sale establishment of their choice, or the user may select for the product to be shipped to the post address provided by the user on the order form. The post address provided cannot be for public places, such as a public traffic area, park, square, station, etc. The user must bear in mind that delivery deadlines and cost can vary depending on the type of transport.
- Pick-Up at the Point of Sale Establishment
Once the user has made the purchase, the user may go to retrieve it at the Point of Sale establishment within the by deadline established in the order confirmation. Different logistical, strike, transport and/or commercial circumstances may occur that prevent delivery by said deadline, so the period shall be prolonged for the minimum amount of time necessary until the delivery is made. In any event, the maximum delivery deadline will be 30 days, even when a technical incident occurs.
The maximum period to collect the products purchased by the user is 7 working days, beginning as of order confirmation.
For the user to pick up the order, they must bring their National ID Document, driving license or original passport for identification purposes, as well as the purchase receipt.
If the user cannot pick up their order and an authorised third party does so on their behalf, the third party must have the purchase receipt received by the user, along with an authorisation to pick up the order, completed and signed by the user, which includes the user and the third party's identifying information, the place, date and purpose of the authorisation, and a photocopy of the user's National ID Document or valid passport. Moreover, the authorised individual must identify themselves with their National ID Document or original, valid passport. The authorised third party must expressly consent in the authorisation to the storage and processing of their personal data, with the sole purpose of accrediting the delivery.
- Home delivery
The order shall be home delivered by the deadline set on the order confirmation after the purchase confirmation, and at the post address the user provided in the order data. The client shall be provided a delivery note along with delivery of the products.
For certain products, home delivery is limited. Upon selecting the desired product and entering the delivery post address, the user can verify availability of the delivery service.
BERRIZ has subcontracted different transport companies of recognised prestige to make deliveries on business days. Depending on the product the user purchases, its availability, the shipping zone or possible incidents that may occur, the subcontracted company and the delivery date will vary.
The transport company will preferentially communicate with the user via SMS or Email to inform the day the order will be delivered. If the user is not at the delivery location, the transport company shall make a second attempt, and will also inform the user via SMS-Email. If the order cannot be delivered this time, either, the transport company shall send it to the nearest warehouse or point of sale for the user to pick up and remove it within 10 days.
If the client does not receive the order by the deadline provided, the user may contact via email at firstname.lastname@example.org.
10. USER RIGHT TO WITHDRAWAL
When the user makes a purchase on our website, the user has the right to withdraw from the purchase within 14 calendar days with no need for justification. To exercise this right, the user must send a notification to email@example.com or to Calle hondarribia 21 (Donostia-San Sebastian) or use the contact forms made available on the website, clearly and unequivocally stating their intention to withdraw from the purchase contract. The withdrawal period expires 14 days after the user has taken material possession of the products on our website.
In the event of withdrawal, BERRIZ shall reimburse the user for all payments received via the same method the user used to pay, including shipping expenses, if applicable, within a maximum period of 14 calendar days after the user notifies BERRIZ of their decision to withdraw from the contract. The user shall receive proof of receipt of withdrawal by means of a reliable method, such as email.
If physical products have been shipped, the user must return or ship the purchased products to Calle hondarribia 21 (Donostia-San Sebastian) within a maximum period of 14 calendar days after the date when the user notified their desire to withdraw, and always and under every circumstance, using or including the product's original packaging, instructions and other documents that may have accompanied it, in addition to a copy of the purchase invoice.
The user acknowledges that they are aware they must assume the direct cost of returning the goods, if any cost is incurred.
The user must be aware of legal exceptions to the right to withdrawal (Order cancellation) :
-Service that has been completely executed or whose execution has already begun, provided the consumer has previously granted consent and has acknowledged that they are aware of its execution.
- Goods or services whose price depends on fluctuations in the financial market that the businessperson cannot control, and that may arise during the withdrawal period.
- Personalised goods or services.
- Goods that can deteriorate or quickly expire.
- Pre-sealed goods that have been unsealed.
- Goods which, due to their nature, may be mixed with others in such a way that they cannot be disassociated without distinction.
- Alcoholic beverages whose price was agreed upon when entering into the sales contract and that cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the businessperson cannot control.
- When the consumer has requested a repair operation or urgent maintenance, if the businessperson provides services in addition to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used to conduct maintenance or repair operations, the right to withdrawal must be applied to said additional services or goods.
- Daily press, periodical publications or magazines, except subscription contracts for the supply of said publications.
- Contracts entered into via public auction.
- Lodging services for purposes other than housing, goods transport, vehicle hire, food or services related to recreational activities, if the contracts set forth a specific date or execution period.
- Digital content not provided in a material format when execution has already begun with the consumer's express prior consent.
As a result, you may, after the purchase, withdraw from the contract for 14 days, except in the exceptional cases described.
In the event that the product acquired by the user has any non-conformity regarding the characteristics offered, or defects that prevent it from being normally used, or does not have the quality or features described upon purchasing it, the user is entitled to remedying the purchased product throughout a 2-year period after the purchase date.
If the product is defective, the product will be replaced whenever possible. If this is impossible, the purchase amount shall be entirely returned, and under no circumstances shall its replacement or return imply any expense for the user.
12. EXEMPTION OF LIABILITY
BERRIZ is exempt from liability in the following cases:
-Precise compliance with contractual obligations.
-Any business loss caused to the user not directly arising from contract compliance (including loss of profit, of revenue, or predicted savings, of data, loss of goodwill or unnecessary expenses incurred). In the event that the loss is a result of contract compliance, liability is limited to double the price of the purchase-sale transaction or acquisition of the good or service, excluding taxes on the transaction.
-All other indirect loss not reasonably foreseeable by the parties when the purchase-sale contract for the products was entered into by the parties.
-Minimum differences or inaccuracies that may exist due to low screen resolution or issues with the browser used, or other issues of this sort.
-Damages due to improper transport operation, especially caused by strikes, roadway traffic, and in general, any other similar issues habitual in the sector, that lead to delays, loss or theft of the product.
-Technical failures due to acts of God or other causes, that prevent the service from functioning normally through the Internet. Lack of website availability due to maintenance or other reasons that prevents service availability.
-Non-attributable causes, acts of God or force majeure in the product purchase, payment and shipping/delivery process.
-Improper use and/or wear on products used by the user.
-Erroneous returns made by the user. It is the user's responsibility to return the correct product.
-Failure to comply or delay in compliance with any of the obligations undertaken, when this is due to events beyond our reasonable control, meaning they are due to force majeure. These obligations are suspended throughout the period the cause of force majeure continues. Consequently, BERRIZ shall be able to extend the deadline to comply with them for a period of time equal to the duration of the cause of force majeure.
13. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
In using this website, the user accepts that the majority of communications with BERRIZ are electronic, either through email or notices posted on the website. Being aware of this use of communication, the user acknowledges that all contracts, notifications and other information provided and sent electronically meets the legal requirement of being a written communication.
Moreover, the user may communicate and send notifications to BERRIZ through the contact data provided in these general conditions and/or through the contact spaces provided by the website to this end.
Notwithstanding, BERRIZ may contact the user, and notify said user, at the post address provided by the user.
14. COMPREHENSIVE AGREEMENT
These general conditions and any document referenced by them constitute a comprehensive agreement between the user and BERRIZ regarding the object of the purchase-sale and replace any other pact, agreement and/or previous promise that may exist between the parties. Both parties acknowledge that they consent to entering into a contract without trusting in any promise made by the other party.
15. PERSONAL DATA PROCESSING
The information offered throughout the entire hiring process is stored and processed by Berriz moda SL acting as data collector and website manager.
The data obtained may be shared/granted to the Point of Sale, to the company commissioned with the transport and logistics delivering the products purchased through www.berrizmoda.com, to the entities in charge of financing, group companies, to the manufacturer, to the manufacturer's technical services, as well as any other third party participating in the purchase-sale process, for the purposes of compliance with the contract with the user. The user must expressly and previously consent to the storage, processing and transfer of their personal data with the sole purpose of executing the contract and improving their user experience in the acquisition/purchase-sale of products and services on the webpage.
The user is hereby informed that Berriz moda SL processes the personal data provided and adds them to a file owned by Berriz moda SL and the purchaser guarantees that the data provided are true, expressly assuming liability for possible consequences as a result of providing false information.
Based on legitimate interest, BERRIZ may use the user's contact data to communicate information of interest, news and deals on products and services, as well as to inform the user of advantages they have as clients in hiring products and services from other companies with whom there are preferential agreements, or similar information the user requests from us.
In order to keep their personal data updated, the purchase must report any change to them. Otherwise, BERRIZ shall not be held liable for their exactness. The purchaser is hereby informed that they may, free of cost and when they deem doing so appropriate, exercise their rights to access, rectification, deletion, processing limitation, opposition or portability for the personal data they have provided, and withdraw, at any time, consent previously granted. They must do so in writing and attach a copy of a reliable document proving their identity, to the post address Calle hondarribia 21 (Donostia-San Sebastian) or to the email address firstname.lastname@example.org.
Moreover, they may contact the Data Protection Officer, if one exists, or the Privacy Manager at BERRIZ, through any of the aforementioned contact methods, in the event that they believe any of their data protection rights have been violated.
The user may lodge complaints and claims with BERRIZ through the contact data provided in the first clause of these general conditions.
Furthermore, the user may lodge claims through official complaint sheets made available to consumers and users. They may be requested at any time through the contact data provided in the first clause of these general conditions.
If any of the clauses in these general conditions or any condition is declared null and void by a final decision, the remaining clauses and conditions shall remain in force, unaffected by the invalidity of the clause or condition in question.
These conditions have been presented in a timely manner beforehand, pursuant to applicable law.
Moreover, BERRIZ reserves the right to modify, at any time and with no prior notice, the appearance and configuration of the website, its functions and/or the contents therein.
Thus, the user acknowledges and expressly accepts that BERRIZ may interrupt, deactivate and/or cancel access and/or use of the website at any time, and shall not be held liable for doing so.
19. APPLICABLE LAW AND COMPETENT JURISDICTION
The parties expressly agree that this contract shall be governed by, and interpreted, in all its terms and conditions, pursuant to applicable law of the European Union Member State where the website is based.
For any issue or divergence related to the interpretation, compliance and execution of this contract, the parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the purchaser's domicile, or the location of compliance with the contractual obligation.
To lodge claims related to the use of our services, you may send an email or postal letter to address provided on the website. We commit to seek out a friendly solution to the conflict at all times.
Last update: 01/07/2020
© Legal texts under license (www.lexprogram.com)