TERMS OF SERVICE

A. INTRODUCTION
These terms and conditions (collectively, “Terms”), set forth the terms of use that apply to the www.bakari.es website and the mobile applications of Platforms that are owned and / or operated by or on behalf of BAKARI ( “Platforms”). BAKARI is mentioned in these Terms as “BAKARI” or “we.” If you have any questions about the Platforms or these Terms, or if you have a complaint about a product that you have purchased on the Platforms, you can contact us at:

BAKARI Complementos SLU
Address: Vía de las Dos Castillas, 33, 28224 Pozuelo de Alarcón, Madrid, Spain
Phone: +34 680 93 91 30
Email: info@bakari.es
VAT number B98656614

These terms and conditions were last revised in February 2019.

B. USE OF PLATFORMS

1. The Terms apply to the use and access to the Platforms, including all the orders sent by you for the purchase of any product through the platforms. By accessing the platforms, you are accepting these Terms and therefore, we recommend you to read them carefully and save or print a copy of these Terms for future reference. If you do not agree with these Terms, you must stop using and access the Platforms immediately. The Terms can be modified and updated when necessary and any change will be effective as of the publication of the new Terms onthe Platforms. Please note that it is possible that any of the options available on www.bakari.es may not be operative in any mobile application owned by us or operated by us or in access to the web www.bakari.es from a mobile device.

2. Keep in mind that these Terms do not affect your legal rights as a consumer.

3. You agree that the information you provide when registering on the platforms is truthful, accurate and is not misleading or fraudulent and that you will notify our customer service of any changes in that information.

4. We can change, withdraw or suspend access to the platforms (totally or partially and permanently or temporarily) with or without prior notice and without any responsibility for you.

5. Platforms may include links to other platforms or resources (“Linked Platforms”). BAKARI has no control over the content of the linked platforms and you accept that, if you access a linked platform through a link from the platforms, BAKARI is not responsible for the availability of these linked platforms, and is not responsible under any circumstances for the form or content of the aforementioned linked platforms, including (without limitation) the goods or services available from mentioned linked platforms, advertising collected on the platforms or the use that said linked platforms make of their personal information. In addition, BAKARI shall not be liable for any crime, damage or loss caused by or related to the use or reliance on such Linked Platforms or the content thereof.

6. BAKARI Complementos SLU may deny you access to the platforms at any time in its sole discretion. These are cases in which we may deny access, among others, to the place where we believe that the use of the platforms violates any of these Terms, breaks the laws, the rights of third parties or was not respectful with third parties.

7. Any material that you upload on the platforms for publication will be considered non-confidential and will not affect your property and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and / or disclose said material to third parties. Material for any purpose. We also have the right to disclose your identity to any third party claiming that any material posted or uploaded by you on our site constitutes a violation of your intellectual property rights or your right to privacy.

8. BAKARI Complementos SLU will not be responsible either to you or to third parties, for the content or accuracy of the materials published by you or by any other user of the platforms. You agree to be responsible to BAKARI Complementos SLU for any infraction that may be committed in relation to the content of the materials published by you, obliging itself to indemnify BAKARI Complementos SLU for any costs, damages, expenses, losses and liabilities incurred and / or borne by BAKARI Complementos SLU as a result of any claim regarding the use you have made of the platforms.

9. BAKARI Complementos SLU has the right to remove any material or publication that it makes on the BAKARI Platforms, in its sole discretion.

10. References to ‘We’ in the Customer Service Information refer to BAKARI.

11. Third-party vendors and application stores:

Certain external suppliers whose devices and / or operating systems are compatible platforms that are mobile applications, require us to include certain additional provisions in these Terms. These are detailed at the end of these Terms in section G ‘ADDITIONAL TERMS OF TERMS OF THIRD PARTY PROVIDERS’. These provisions are required by the relevant third party suppliers, not by BAKARI.

Thirdparty app stores are operated by relevant thirdparty providers and / or their affiliates must comply with all terms of service, rules and policies applicable to any thirdparty app store from which you download the platforms that are mobile applications . We are not responsible for these stores or (with the exception of the platforms) any content provided by them and we do not guarantee that they are continuously available.

1. ACCEPTANCE OF ORDERS

1.1
All information on the platforms is an invitation and is not a unilateral offer or contract. All orders sent by you are subject to our acceptance. We can choose not to accept your order at our discretion for any reason that is not your responsibility, unless we are not authorized to do so under the applicable regulations. There are some cases, with an enunciative character, in which an order can not be accepted:

(a) If the products are displayed on the platforms but are not available or have an incorrect price or are incorrectly described;

(b) If we cannot obtain authorization for your payment;

(c) If you request several quantities of a Product and we do not have it in stock, when said Products are sent to any customer or delivery address;

(d) If shipping restrictions apply to a Product; or

(e) If the delivery address given is the address of an entity or person that provides cargo transportation services.

1.2
After sending us an order, we will send you an order confirmation email with your order number and the details of the Products you have purchased from us. Please note that this email is an acknowledgment that we have received your order and it is not an acceptance of your order. The acceptance of your order and the formation of a contract of sale of the Products between us and you will not be made until we send you an email confirming that the Products have been sent. More information is available in Shipping and Delivery section. After concluding the sale contract, we will be under the legal obligation to supply you with goods that comply with the contract.

1.3
When placing an order for the first time, you may be offered the option to register with us and you will be asked to complete certain mandatory fields in an order form. We can provide and / or ask you to use IDs and passwords and other means so that you can access certain areas of the Platforms, such as the Platform Account section (“Secure Access”). When we do, you will be under the condition that you are responsible for ensuring that such secure access is kept secure and confidential at all times. You must comply with all security instructions and / or recommendations given by us and inform us immediately if you have knowledge or suspicion of an unauthorized use of Secure Access or if Secure Access is available to an unauthorized party. Notwithstanding our other rights and remedies, we may suspend your access to the Platforms without any liability to you, if in our reasonable opinion, such action is necessary to safeguard the Platforms.

1.4
In the event that prolonged inactivity causes your connection to the Platforms to fail, your product selection may be lost. In this case, you will be asked to make your selection again. Please note that the items in your shopping cart are not reserved and can be purchased by other customers.

1.5
Before sending your order, you will have the opportunity to review your selection, verify the total price of your order and correct any entry error.

1.6
Products will be charged to you when they have been shipped for delivery.

1.7
The variations in the manufacturing processes we use and also in the display properties of the computer hardware used to view the Platforms may mean that the colors, measurements, fabrics and designs of the Products displayed on the Platforms and the Products delivered to you can differ in appearance in small aspects.

1.8
We do not accept orders when the delivery address that you have provided is from an entity or person that provides cargo transportation services. In the case that we accept any order and later we realize that the delivery address corresponding to that order is from an entity or person that provides cargo transportation services, we have the right to cancel that order.

2. PRICES

2.1
All the prices of the Products on the Platforms, are the prices without including the corresponding tax. All purchase prices in Spain include VAT. International orders may be subject to taxes and fees billed by the customs department of the countries of destination. We will try to notify you if the price shown does not include all fees or taxes, however, see Section 2.4 below.

2.2
We strive to ensure that all price information on the Platforms is correct. Occasionally, an error may occur and the products may have an incorrect price. If the correct price of a Product is lower than the price established on the Platforms, assuming that it is subject to our right to reject an order pursuant to Section 1.1 (a), we will charge the lowest amount and send the Product to you. If the correct price of a Product is higher than the price indicated on the Platforms, we will contact you, at our discretion, and ask you if you wish to continue with the order at the correct price or cancel your order and we will notify you of such cancellation. We will not be required to supply Products at the wrong price. If we have made an advance payment in circumstances where the pricing information is incorrect, we will endeavor to reimburse the payment made as soon as possible if the product has not been shipped.

2.3
BAKARI Complementos SLU may vary the prices of the Products listed on the Platforms at any time and without prior notice, but such changes will not apply to Products which a Shipment Confirmation has been sent.

2.4
Please note that in some countries you may have to pay fees to the tax authorities once you receive your shipment. You will be responsible for the payment of these import duties and taxes. Keep in mind that we have no control over these charges and cannot predict their amount. Contact your local customs office for more information before placing your order. Note also that you must comply with all applicable laws and regulations in the country which the Products are shipped to. We will not be liable for any breach by you of such laws.

3. CONDITIONS OF PAYMENT

3.1
The total amount of your order will be the purchase price of the Products, applying the VAT and the additional amount of the shipping costs, if applicable.

3.2
You can find more information about the payment methods we accept and details about when an order will be charged to your account, in our payments section.

3.3
BAKARI will only accept payments in EUROS (€). However, you can pay in the currency of your country and in that case, the exchange rate of your currency will be in your account, so that BAKARI receives the amount of your purchase in Euros.

3.4
You confirm that the credit / debit card or payment method that is being used is yours and that all the details you provide in this regard, including, among others, the name and address information, are complete, correct and accurate. In addition, it confirms that the credit / debit card is valid and that the payment information indicated when placing the order is correct. All credit / debit card holders and payment account holders are subject to validation and authorization checks by the card issuer or the payment method provider. If your card issuer or payment method refuses to authorize the payment, we will not accept your order and we will not be responsible for any delay or failure to deliver and we are not obliged to inform you of the reason for the rejection.

3.5
We are not responsible for any charge or other amount that may be applied by the issuer of your card, the bank or the payment method provider as a result of processing your payment by credit / debit card or other payment method in accordance with your order.

3.6
If your credit / debit card or payment method is not operative in the currency of your purchase, indicated on the Platforms, the final price can be charged in the currency of your card or account. This final price is calculated and charged by the issuer of your card or the bank or the provider of the payment method and therefore, we will not be responsible for any cost, expense, charge or other liability that may be incurred or suffered, the issuer of your card or the provider of the payment method as a result of this purchase transaction.

4. BILLING

4.1
When we choose, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make electronic invoices available and you accept this billing form.

5. DELIVERY, TITLE AND RISK

5.1
Orders will be sent to the delivery address you have provided on your order form. We cannot be responsible if the delivery address is incorrect or incomplete. Please note that we do not ship to PO boxes. Please note that there are restrictions on the locations which we deliver Products to, purchased on the Platforms. The details of the places which BAKARI Complementos SLU delivers to are available at your request.

5.2
When you have selected your preferred delivery method from among those offered for your selected shipping destination and provided that we have accepted your order, we will process your order and endeavor to send you your order in accordance with the estimated delivery terms established in the shipment and the delivery or as specified in the payment process when sending your order.

There may be additional restrictions or exclusions with respect to specific addresses in the countries to which we send. We will attempt to notify you of such restrictions, but this may not be possible until we have received your order. Orders received after a specified time of “cut” or “last order” or received on a day that is not a business day, will be processed the next business day. Estimated delivery times will be calculated from the date the order is processed, unless otherwise specified. When you have selected any of BAKARI’s delivery services, and in the event that BAKARI cannot send your order on time, for delivery within the estimated delivery times for the destination of the shipment and the selected delivery method, you will have right to cancel the purchase order and you will receive a full refund of the amount paid to us with respect to that order.

Please note that all delivery options available on our Platforms may not be available when using a mobile device.

5.3
The title on the Products will pass to you at:

(a) the date on which we receive the full payment of said Products; and

(b) the date and time of collection of said Products (as applicable).

5.4
Once a Product has been received by you, any risk of damage or loss of the Product will happen to you.

5.5
We will be entitled to supply the Products in several deliveries and each payment will be deemed to constitute a separate contract with us and we will be entitled to provide only part of an order.

5.6
In the event that a Product is subsequently imported into a country other than the country which BAKARI Complementos SLU delivered to the Product or the store where it was collected, you will be responsible for complying with all local requirements, laws and local import regulations and the rules and payment of all taxes and import duties that are applicable in relation to them.

6. CHANGES AND / OR RETURNS

If you wish to change or return any Product, you can only do so in accordance with our Return and Exchange policy.

Returns and exchanges are possible worldwide, for all items and reimbursing the full amount provided only if it is made within 14 days from the date of shipment and the conditions set out in this Policy of Changes and Returns are met.

BAKARI reserves the right to accept or not any return of items that do not meet the requirements listed below. If your return is not accepted, we will return it to your cost and no refund will be made.

Please note that BAKARI will not accept shipments postage due or counter-reimbursement and that the shipping and return costs will not be paid.

6.1 CONDITIONS OF RETURN
Returned items must be in their original, unused condition, with all attached BAKARI item labels and all related accessories or instruction booklets included.

Returns must be sent by the customer and in perfect condition, to the following address:

BAKARI store
Vía de las Dos Castillas, 33,
28224 Pozuelo de Alarcón, Madrid, Spain

Once verified that the item is in perfect condition, the customer will be reimbursed.

Incomplete, damaged, worn, dirty or altered returns will not be accepted and, therefore, will be returned to the customer, postage due.

6.2 HOW TO RETURN YOUR PURCHASE
BAKARI packages will not be sent with any invoice or paper return receipt. Instead, we ask you to contact tienda@bakari.es directly or by calling +34 680 93 91 30.

Below, we will provide you more information.

Returns must be sent at the customer’s expense.

We cannot offer item changes at this time, but we do accept returns.

In case you would like to make a change, you can make your return in parallel to the new order. If you prefer, you can proceed first to the return of the initial item so that we can reimburse the amount and then make the new order with the item you want.

Important

We ship under the terms of DAP (Delivered At Place).

Customers are responsible for payment of import duties and settlement taxes once the shipment has arrived in the country of destination.

The refusal to pay the tax / duty imposed or if the product is returned due to the absence of the recipient, will result in a return shipping charge of 30€ that will be deducted from the original payment and refund.

6.3 REFUNDS
The term for the reimbursement can vary between 3 and 12 working days since the return is received in BAKARI. Once the status of the returned items has been verified, the customer will be informed via email.

In case of exercising the right of withdrawal of the order, the maximum period for the return of the amount paid by the consumer for the products will be 14 calendar days from the withdrawal.

The payment of the returned items will always be made in the same form of payment used in the purchase.

If the item you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as the purchase.

Due to fluctuations in exchange rates, the amount reimbursed may be more or less than the original price paid.

In the event that BAKARI has mistakenly sent an article different from the one requested or that the quality of the item sent is not adequate, BAKARI, once the error or defect is verified, will pay the amount of the item returned and the shipping costs, as long as the client includes in the package, the voucher of the return expenses.

To make the payment of the orders by bank transfer, the client must indicate to BAKARI an IBAN code so that the corresponding amount can be paid to him. The IBAN code must belong to a banking entity of the country which the order is sent to.

6.4 CANCELLATION OF ORDERS
If you wish to cancel your order contact us immediately by email at tienda@bakari.es or through the phone number +34 680 93 91 30. Once accepted, the payment will be returned to your account, which may take up to 12 business days.

Notice

In the period of sales and promotions, the delivery time may be longer than usual.

GENERAL

1. INTELLECTUAL PROPERTY

1.1
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination thereof) available on the Platforms (the “Content”) ), is owned or licensed by BAKARI Complementos SLU and is protected by the laws and treaties of copyright applicable throughout the world. All rights reserved.

1.2
The trademark “BAKARI”, as well as all trademarks, whether graphic, word, mixed, and all other trademarks, service marks, trade names, illustrations, images, logos that appear in our Products, Platforms, accessories or packaging, whether registered or not (the “Trademarks”), are and remain the exclusive property of BAKARI Complementos SLU and / or its licensors and are protected by applicable laws and trademarks applicable throughout the world. All rights reserved.

1.3
All other intellectual property rights (including, without limitation, registered trademarks, unregistered, logos, designs, copyrights, patents, knowhow or trade secrets) in or related to the Platforms, the products described and / or available in the Platforms and any accessories, stationery, packaging or auxiliary elements connected to said products, your order or the Platforms (the “Intellectual Property Rights”) are and will remain the exclusive property of BAKARI Complementos SLU and / or its licensors , and that Intellectual Property Rights are protected by intellectual property laws and treaties throughout the world. All rights reserved.

1.4 Limited License
Subject to the terms of this document, we grant you a revocable and non-exclusive license to access and make personal use of the Platforms, in such a way that it does not include the right to:

(a) use the Platforms in any way that may harm or damage the reputation of BAKARI Complementos SLU;

(b) use the Platforms for commercial purposes. The Platforms are only for your personal use;

(c) use software robots, spiders, trackers or similar data collection and extraction tools, or perform any other action that may impose an unreasonable load or burden on our infrastructure.

1.5
BAKARI Complementos SLU may terminate the limited license established in this Section, at any time and in its sole discretion, without prejudice to any other remedy we may have against you in accordance with applicable law, for any reason and / or for any breach of these Terms.

2. CONTENT
one
BAKARI Complementos SLU strives to ensure that the information published on the Platforms is accurate and complete. However, BAKARI Complementos SLU does not guarantee that the Content or any other information available on the Platforms is accurate and / Platforms or the Content is free of errors or that the Platforms, the Content or the servers that make such Content available, are free of viruses, malicious codes or other components that may be harmful. BAKARIComplementos SLU recommends that all Internet users make sure that they have installed the updated virus control software.

3. EXCLUSION OF GUARANTEES

one
This Section (3) does not affect your legal rights as a consumer and with respect to the Products, it does not exclude or in any way limit our liability for the breach of the rights established in the applicable laws of the consumers in the sales transactions.

two
SUBJECT TO THE PRECEDING PARAGRAPH OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAKARI COMPLEMENTOS SLU DISCLAIMS AND EXCLUDES ANY OTHER TERMS, CONDITIONS, VALIDITY, CONSIDERATION, OR USE OR COMMERCIAL PRACTICE.

4. LIMITATIONS OF LIABILITY

1
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other liability that can not be limited or excluded by applicable law.

2
Subject to Section (4.1) above, we will not be liable, in each case, whether by contract, tort (including, without limitation, negligence or breach of legal duty), or in any other way arising from or in connection with these Terms, for any:

(a) economic losses (including, without limitation, loss of income, income, data, actual or anticipated gains, contracts, business, opportunities); or

(b) loss of goodwill or reputation; or

(c) special, indirect or consequential losses or damages suffered or incurred by you as a result of or in relation to these Terms.

3
Subject to Sections (4.1) and (4.2), the added responsibility under these Terms, of BAKARI Complementos SLU, whether arising from the contract, legal liability infringement (including negligence), shall in no case exceed the 100% of the price of the Product that you have ordered from BAKARI Complementos SLU.

This section does not affect your legal rights as a consumer. For more information about your legal rights, contact your Consumer Office.

5. DATA PROTECTION

one
By placing an order, you accept and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. BAKARI Complementos SLU fully respects the privacy of the people who access and use the Platforms. The type of information we collect, how and for what purpose, we use your information and in what circumstances we disclose the information, is included in our Privacy Policy.

6. ASSIGNMENT, SUBCONTRACTING ETC

1
We reserve the right to transfer, assign, novate or subcontract all or any of our rights and obligations under these Terms, provided your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms without our written consent.

7. MODIFICATIONS TO THESE TERMS

1
We reserve the right to make changes to these Terms at any time. You, and any sales contract between us, will be subject to the version of these Terms in force at the time you request the Products in question.

8. FORCE MAJEURE

1
We will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure is due to any cause, which is beyond our reasonable control.

9. RISK
Once a Product has been received by you, any risk of damage or loss of the Product will happen to you.

1
Each provision of these Terms shall be construed separately and independently from each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision will be considered a separate form and will not affect the enforceability of any of the other provisions of these Terms.

10. APPLICABLE LAW AND JURISDICTION

1
These Terms are governed and interpreted in accordance with the Laws of Spain. For any claim, the courts and tribunals of the city of Madrid will be the competent. All notifications, requirements, requests and other communications that you wish to make to BAKARI must be made in writing and it will be understood that they have been correctly made when they have been received at the following address: Vía de las Dos Castillas, 33, 28224 Pozuelo de Alarcón, Madrid, Spain.

11. COMPLETE AGREEMENT

11.1
These Terms and any document expressly mentioned therein, constitute the entire agreement between us and supersede any prior agreement between us, in relation to the subject matter of any contract.

11.2
We all acknowledge that, by accepting these Terms (and the documents referenced in them), none of us relies on any statement, representation, guarantee (“Representations”) of any person (whether part of the contract or not) apart from what is expressly stated in these Terms.

11.3
Each of us agrees that the only rights and remedies available to us that arise from or are related to a Representation will be breach of contract as set forth in these Terms.

12. WRITTEN COMMUNICATIONS
The applicable laws require that part of the information or communications that we send you are made in writing. By using the Platforms, you agree that communication with us will be primarily electronic. We will contact you by email or we will provide information by posting notices on the Platforms. For contractual purposes, you accept this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide you electronically comply with any legal requirement that such communications be made in writing. This Section 12 does not affect your legal rights.

13. NOTIFICATIONS
All the notices sent to us must be sent to BAKARI COMPLEMENTOS SLU in Vía de las Dos Castillas, 33, 28224 Pozuelo de Alarcón, Madrid, Spain, or to the email info@bakari.es.

We may send you a notice via email or the mailing address you provided when placing an order, or in any of the ways specified in Section (13) above. The notice will be considered as received and duly delivered immediately when it is posted on the Platforms, 24 hours after an email is sent, or when the notification is received by mail, provided there is a means to prove the sending and receiving. Proving the sending of any notice will be sufficient to demonstrate, in the case of a letter, that such letter was properly addressed, stamped and placed in the postal mail and, in the case of an email, that such email was sent to the specified email address of the recipient.

14. RESIGNATION

14.1
Failure to exercise rights or remedies which we are entitled to in accordance with the Terms shall not constitute a waiver of such rights or remedies and shall not exempt from compliance with the obligations contained in the Terms.

14.2
A waiver by us of any breach will not constitute a waiver of any subsequent breach.

14.3
No waiver by us of any of these Terms will be effective unless expressly stated as a waiver and communicated in writing in accordance with Section (14) above.

15. Applicable laws
Law 34/2002 on Services of the Information Society and Electronic Commerce, Royal Decree 1/2007 approving the Consolidated Text of the General Law for the Defense of Consumers and Users and the Law 3/2014 of March 27, which modifies the Revised Text of the General Law for the Defense of Consumers and Users.

16. Resolution of disputes: only customers residing in the EU
The European resolution of online litigation

The platform www.ec.europa.eu/consumers/odr/ provides information on the alternative resolution of conflicts that may be of interest if there is a conflict that we can not resolve between us. For more information, contact customer service.

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