GENERAL TERMS AND CONDITIONS OF CONTRACTING
BALNEO ELEMENTS S.L.
The present General Terms and Conditions of Contracting (henceforth General Terms and Conditions) regulate the commercial relationship that is entered into between BALNEO ELEMENTS SL and the user or customer with regard to contracting based on the forms that BALNEO ELEMENTS SL places at your disposal at www.balneospauniforms.com.
Contracting through BALNEO ELEMENTS SL websites will be understood as express acceptance, by the customer or user, of the conditions of use established for navigation by the user around the BALNEO ELEMENTS SL web pages. These terms and conditions will be applicable subject to the application of the legal regulations concerning the applicable matter in each case.
The present General Terms and Conditions, are subject to the provisions of the Spanish General Contracting Terms and Conditions Law 7/1998, of 13th April; the Spanish Protection of Consumers and Users Law 26/1984, of 19th July; Spanish Royal Decree 1906/1999, of 17th December, Regulating the General Terms and Conditions of Telephone and Electronic Contracting; the Spanish Personal Data Protection Act 15/1999, of 13th December; the Spanish Regulation of Retail Trade Law 7/1996, of 15th January; and the Spanish Information Society Services and Electronic Commerce Law 34/2002, of 11th July.
BALNEO ELEMENTS SL. reserve the right, without prior warning, to make those modifications that they may deem expedient to these General Terms and Conditions. Such modifications may be made, through their website, in any legally admissible way, and will be of obligatory compliance during the time in which such are published on the web and until such time as they have been validly modified by other subsequent modifications. Nevertheless, BALNEO ELEMENTS SL also reserves the right, in determined cases, to apply Particular Contracting Terms and Conditions with preference over the present General Terms and Conditions, should they consider such to be expedient, announcing them at expedient times and in an expedient manner.
INFORMATION PRIOR TO CONTRACTING
BALNEO ELEMENTS SL inform that the procedure for purchasing through their web pages is as indicated under the heading how to purchase.
Likewise, BALNEO ELEMENTS SL also inform that the user may access the terms and conditions of use by clicking on the section terms and conditions of use.
By making contract with BALNEO ELEMENTS SL through their website the user or customer expressly declares that he or she knows, understands and accepts those terms and conditions of use and the general terms and conditions of contracting. Furthermore, the user also declares that he/she is of legal age and is in possession of the legal capacity to act that is necessary in order to access the BALNEO ELEMENTS SL websites and to enter into contract therein. The user is also responsible for confidentially and responsibly handling this or her username and password, obtained through registering as a customer, and which may not be ceded to any other.
Once a purchase has been made the user can display the confirmation of that purchase on screen and can print this out as a form of purchase verification.
However the order confirmation and the purchase verification (the print run off by the user) do not have the validity of an invoice.
HOW THE PURCHASE AND SALE WORKS
1. OFFER OF PRODUCTS AND PRICE REFERENCES.
In compliance with current regulations and, in particular, with Spanish Information Society Services and Electronic Commerce Law 34/2002, BALNEO ELEMENTS SL offer in their section Online Shop, information on all of the products on sale, their characteristics and prices. Nevertheless, BALNEO ELEMENTS SL reserves the right to withdraw, replace or change the products that they offer to their customers through their web pages simply by changing the contents of the said pages. In this way, the products on offer at any given time by the BALNEO ELEMENTS SL websites will be governed by the General Terms and Conditions in force in each case. Likewise, the company also has the power, at any time and without any prior warning whatsoever, to cease to provide access to the above mentioned products.
2. INDICATION OF THE PRICES.
Each product offered will have its price indicated and will include V.A.T., or any other tax that, should such be the case, may be applicable thereto. The price of each product offered will also indicate whether or not V.A.T., or any other tax that may be applicable thereto, should such be the case, is included. The prices indicated on the screen will be those in force at any given time, excepting in the case of any typographical errors. When the price is different, for this latter reason, then BALNEO ELEMENTS SL must inform the customer, by e-mail, before going ahead with the sending of the product.
3. DELIVERY COSTS.
Delivery costs are calculated depending on the total number of products purchased and the country of destination, which is why they are not calculated until the end of the purchasing process. If you want you can calculate them for yourself, using the following table:
Countries with distributor:
In countries with a distributor the costs will be even lower, but you don’t need to worry about as the distributor will contact you to give you the details.
4. AVAILABILITY
The availability of the products offered by BALNEO ELEMENTS SL through their web pages may vary depending on customer demand. Despite the fact that BALNEO ELEMENTS SL update their stock on a regular basis it may be the case that the product requested by the customer is out of stock at that time. Should such be the case, BALNEO ELEMENTS SL will send an e-mail to the customer informing them of the impossibility of being able to fill his/her order.
5. ORDER DELIVERY.
At BALNEO ELEMENTS we use the services of the world’s leading transport company UPS (www.ups.com), which means that your delivery will be absolutely guaranteed.
Once the order has been sent in we will inform you by e-mail of the tracking no. and the carrier that will make the delivery.
In order to avoid delivery incidents (wrong addresses, impossibility of finding anybody at home), it is essential that you fill in the contact phone box.
What are the delivery terms?
Once you have received the order sent e-mail, your order should be delivered within an estimated 72 hours, although it could take up to 4 more days, depending on the destination location and country.
We do not make partial order deliveries. In those cases where we do not have any of the products included in the order in stock we will wait until we can fill the complete order before going ahead and sending it.
How can I track my orders?
When your order leaves our warehouses you will receive an informative e-mail with the transport company’s tracking no. allowing you to verify the status of the order on their web.
6. PAYMENT TERMS.
You can purchase online in all EU countries with any of the following systems:
· Credit cards (Visa/Mastercard) - ONLINE
· Paypal. - ONLINE
· Bank transfer. ONLINE or OFF LINE
In those countries where we have a distributor, the order will be taken but it will be the local distributor that makes contact with you to arrange for payment and delivery.
In those countries that are not EU members the order must be made by contacting our Customer Attention Service, at the e-mail address eshop@balneospauniforms.com
Payment will be by bank transfer in advance.
7. RETURNS POLICY
What guarantee do products purchased at the Balneo Spa E-shop have?
All of our garments are guaranteed against manufacturing defects for 3 months.
We have an after sales service that will resolve any problem you may have with our articles or deliveries, and through which we can attend to our customers rapidly and effectively. Contact: eshop@balneospauniforms.com
The Balneo Elements garments guarantee excludes replacement in the following cases:
· Deterioration of the garment due to incorrect use.
· Deterioration of the garment due to aggressive stains (such as bleach, dyes….).
· Deterioration of the garment due to washing with inappropriate detergents.
· Deterioration of the garment due to washing at higher than recommended temperatures.
The Balneo Spa products guarantee will compensate for any inconveniences caused by either delivering a new garment free of charge or returning the purchase price.
How can I cancel my order if I decide finally that I do not want to receive it?
The order can be cancelled as long as it has yet to be sent. Bear in mind that our orders are normally sent within 24 hours of being placed, so please make sure that notification of any cancellation or modification of your order is made by e-mail or phone during the 24 hours following the placing of the order.
Once the order has left our warehouse it can no longer be cancelled, although it can be sent back after it has been delivered, as per the conditions indicated in Exchanges and Returns.
Is it possible to change the size or model in an order after it has been delivered?
Our aim is to ensure that every customer is completely satisfied. If for any reason (size, colour...) you are not satisfied with your order when you receive it you have 15 days in which to return or exchange it.
In order to go ahead with an exchange or return you must make sure that your order complies with the following conditions:
· The product must not have been used.
· The product must be sent, carriage prepaid by the customer, in the same condition in which it was delivered. If you no longer have the original packaging you must replace it with packaging of the same dimensions and capacity.
· The product will have to arrive back at our warehouse within 15 days of the date on which the order was originally delivered.
You will only have to pay the costs of sending the product back to Balneo Elements. We will not accept carriage forward deliveries. Once we have received the goods we will go ahead and send the new size or new model completely free of charge. Balneo Elements will also return the difference if the product you want has a lower price than the one you are exchanging it for. Balneo Elements will inform you of the charge if the price of the product you want is higher than that of the one you are exchanging.
It is only possible to exchange or return products that have been purchased from the Balneo Spa E-Shop.
Note: Balneo Spa attempts to show the colours of the garments in a way that is as close to the reality as possible. Nevertheless these colours may be subject to variations, depending on the affects of the lighting or the quality of the photography, your computer screen or other factors beyond our control. If you have any doubts regarding the colour of our models please contact us.
How can I send my order back?
In order to go ahead with any return you must make sure that your order meets the following requirements:
· The product must not have been used.
· The product must be sent back in the same condition in which it was delivered. If you no longer have the original packaging you must replace it with packaging of the same dimensions and capacity.
· The product will have to arrive back at our warehouse within 15 days of the date on which the order was originally delivered.
If these conditions are met, BALNEO ELEMENTS SL will return to you the cost paid for the merchandise, minus original delivery costs. If it is a case of a manufacturing or quality defect attributable to Balneo Spa, the full price of your invoice will be returned within 10 working days.
The cost of returning the goods will always be met by the customer. Balneo Elements will not accept carriage forward deliveries.
It is only possible to exchange or return products that have been purchased from the Balneo Spa E-Shop.
DATA PROTECTION
In accordance with that which is established in the Spanish Personal Data Protection Act 15/1999, BALNEO ELEMENTS SL inform users of their website that any personal data gathered by the company through the forms located on their pages will be introduced to an automated file under the responsibility of BALNEO ELEMENTS SL, for the purpose of being able to simplify, streamline and comply with the commitments established between both parties. Likewise, BALNEO ELEMENTS SL also inform of the possibility of exercising the rights of access, cancellation, rectification and opposition by writing to the address C/ VALENCIA Nº 216 – BAJOS 08011 BARCELONA (SPAIN).
Until such time as you inform us to the contrary we shall take it as understood that your data has not been modified, that you undertake to notify us of any variation thereto and that we have your consent to use the data in order to ensure loyalty in the relationship between the parties.
LEGISLATION AND APPLICABLE JURISDICTION
The relationship between the user and BALNEO ELEMENTS SL will be governed by the current regulations applicable in the territory of BARCELONA, and the jurisdictional bodies of the said territory of BARCELONA will be competent to decide on whatsoever dispute that may arise between the user and BALNEO SL.