Terms and conditions
Terms and Conditions
BAGSU Barcelona, Spain - VAT Number ES23934623H
CUSTOMER: a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom concludes an Agreement.
ORDER: an agreement between BAGSU and the customer made for the delivery of one or more products, which BAGSU accepted as such.
PRODUCT: a BAGSU product that BAGSU offers on the website for sale.
Please read these Terms of Service carefully before accessing or using our website. These terms and conditions apply to all orders placed on the website by customers worldwide. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. BAGSU reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website from time to time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you have any queries regarding the Terms & Conditions, please contact us at firstname.lastname@example.org
ORDERS ON THE WEBSITE
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Availability of the service: BAGSU offers worldwide shipping and free shipping in Barcelona capital. For shipping costs and returns, refer to our Shipping and Returns page. Before placing an order on our website, make sure that you are over 16 years old consumer and not a professional reseller
Refusal of order: Whilst we will use our reasonable endeavors to process all the orders submitted to us, BAGSU reserves the right to not accept your order for any reason. BAGSU also reserves the right to cancel a Contract in the following situations, without the obligation to compensate the buyer for any losses other than a refund of the amount received from the buyer:
- in exceptional circumstances that the product appears to be not available or not in stock after we have sent you an order confirmation
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud
- we have reason to believe the customer is under 16 years old
- we have reason to believe that the customer is a reseller
- in the event of misspelling, pricing or other errors or mistakes in the Website information
- we could not deliver to the address provided by you
- due to an event outside our control (see art. 8: ‘Force Majeure’)
PRICE AND PAYMENT
Payment and currency: The currency for our product is EURO. The customer is responsible for any extra costs his bank may charge for currency conversion.
Value Added Tax (VAT): All prices shown on our website include 21% VAT, in accordance with the applicable legislation in Spain. Please note: non-EU customers may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of such import duties and taxes. Please note that we have no control over these charges and, since they are different for different countries, we cannot predict their amount. We advise customers to contact their local customs office for further information.
Guaranteed Price: BAGSU is not obliged to fulfill and/or deliver an order, in case of an error in the presentation of the product or an error in the wording of the specifications of the product and
i) it should have been clear to the buyer that the error was a typographical error or ii) in case it should have been clear to the buyer that in the circumstances at hand, it would not be reasonable to expect that the product could be available at the presented price level or with the presented specifications.
Payment methods: BAGSU offers various payment methods. Our safe payment methods include, amongst others: Visa, MasterCard, and more debit and credit cards available through Stripe, Paypal, and bank transfer. For all payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the customer is correct.
Payment security: In order to offer maximum security in the payment system, BAGSU uses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity. BAGSU does not store payment details.
Purchase limit: BAGSU does not permit the purchase of BAGSU products for subsequent resale. Consequently, it is not possible to order more than 5 items at once. Customers who wish to make purchases in excess of this quantity are asked to contact us via email@example.com.
Delivery of items purchased at our website will be carried out via the postal services and their partners around the world. In order to avoid any delivery problems (incorrect addresses, nobody at home, etc.), you must fill the address form correctly and it is advisable to leave a contact telephone number in the corresponding field. Once the order has been handed over to the carrier, BAGSU will send customers a track and trace code, allowing them to track the order from their computer at any moment until final reception.
Delivery terms: BAGSU will try everything within its capacities to deliver the order within the expected delivery terms at the delivery address. The customer bears the responsibility for the correct input of the delivery address; in case anything goes wrong with the shipment of an order, due to an error in the delivery address (that can be attributed to the customer), BAGSU cannot be held responsible for the (partial) loss of the shipment. In case BAGSU needs additional information regarding a delivery address, the customer may be approached by us to provide additional information. A delay in the delivery may occur in case additional information regarding the delivery address is needed. All mentioned delivery terms (shipping days, delivery time in working days, shipment date etc.) on the website should be understood as estimated delivery terms and cannot be understood as final delivery terms or guaranteed delivery terms.
Damaged, incomplete or wrong product(s): In case a product has been delivered to the customer in damaged or incomplete state, the customer must inform BAGSU as soon as possible (within 24 hours after receiving the order) by e-mail or telephone. Subsequently, BAGSU will properly deal with the matter at hand; the customer must always inform BAGSU in the aforementioned situation(s) and wait for the instructions of BAGSU. A customer who returns a product in this situation at his own costs, without contacting and awaiting the instructions of our support team, cannot claim the costs he/she made at BAGSU (nor hold BAGSU responsible for the return shipment that took place without prior consent of BAGSU). In case the customer receives a product that the customer did not order, the buyer must inform BAGSU as soon as possible (within 24 hours after receiving the order). The customer must take care of the return shipment of such a product after receiving return instructions from BAGSU and BAGSU will bear the costs of this shipment and must subsequently take care of the shipment of the correct product to the customer.
Missing items: In case the order that has been shipped or is being shipped by BAGSU to the customer is missing, went missing, or in case the customer claims that he/she did not receive the order (despite information such as the track & trace data/carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The buyer must fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), BAGSU will either refund the customer or try to re-ship the ordered product. In case a shipment has not been delivered at the delivery address (or pick-up point) of the customer after 14 days, the customer has the obligation to inform the BAGSU by e-mail within 14 days (i.e, ultimately 28 days after the shipment date).
EXCHANGES AND RETURNS
Any purchase made through the website firstname.lastname@example.org may be returned up to 14 days from receiving the order, without stating a reason (please note the following exception: in case a product is damaged or incomplete, the buyer has the obligation to inform BAGSU by e-mail and to await further instructions). The right to return the product only applies in the case that the product and its original packaging and labels can be returned in the same state as when received. The customer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product. The buyer is responsible for the return shipment of his/her order and bears all the risks related to the return shipment. BAGSU advises the customers to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example, in case no valid signature can be shown by the carrier), the customer then has the option to hold the carrier liable. The customer, as the sender of the return shipment, must start the complaint procedure for any issue that may occur with the return shipment. The customer must keep the (official, digital) receipt of his/her return shipment that contains the tracking information. The shipment costs for a return shipment within the trial period and the shipment costs for a return shipment for a warranty request or repair request (for defects occurring after the customer has used the product), are borne by the customer. In case of a revocation by the customer within the trial period, BAGSU will credit the customer within 14 days after receiving the return shipment (no credit applies for costs of the return shipment). Any credit due as a result of a returned product, will be credited to the account that the customer used to pay the original order.
BAGSU shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As a reference factor should be considered government intervention, new/amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.
PERSONAL DATA AND PRIVACY
BAGSU complies with the privacy regulations, as recorded in the "LOPD" (the "Spanish Personal Data Protection Act"). The customer, for example, always has the possibility to see, to amend or to delete his/her personal data, by logging into his/her account on www.bagsu.eu. BAGSU will store the data entered by the customer in a file. The data will be used for the purpose of fulfilling the customer's order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfillment of the order. BAGSU guarantees that all personal data will be handled with care. The customer's personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. BAGSU is allowed to use the customers' data to advertise products to the customer.
Spanish law applies to all agreements and legal relationships between BAGSU and the customer, regardless the country from which the customer places an order and regardless the country to which the order will be shipped.
Last updated June 2018