The website www.besobeach.com, (hereinafter, the "Website") is the property of BESO SHOP, SL, (hereinafter, the "COMPANY"), with registered office at Playa de ses salines, s/n 07818 Sant Josep de Sa Talaia (Balearic Islands) and CIF B67817890. Registered in the Mercantile Registry of Ibiza, Volume 259, Folio 41, Section 8, Page 10807.
Beso Shop welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the "General Conditions of Use") that describe the terms and conditions that will be applicable to your browsing through it, in in accordance with the provisions of the applicable Spanish regulations. Since the COMPANY could modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the COMPANY through the email firstname.lastname@example.org
The Company provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the "Data Protection Policy"). Access to this Website or its use in any way grants you the qualification of "User" and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving the Company the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force on each of the occasions in which they access this Website, so that, if they do not agree with any of the provisions herein, , must refrain from the use of this Website.
Likewise, it is warned that, on occasions, particular conditions may be established for the use of specific content and/or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein.
Through the Website, the Company offers Users the possibility of accessing: Information about the Company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section for inquiries providing your personal data – Links to access social networks (hereinafter the “Services”).
Privacy and data processing
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this Website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality. The User must carefully read these policies to know their rights and obligations.
The Company processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to data processing. personal information and the free circulation of these data.
Industrial and intellectual property
"Beso Beach" is a registered trademark in the Spanish Patent and Trademark Office and in the European Union Trademark Registration Office, therefore any use of it or of any similar identifying sign that may lead to confusion about its origin or ownership by third parties without prior written authorization from Beso Beach Formentera, SL
The Company holds the necessary rights to the content, design and source code of the Website and, including but not limited to, the necessary rights to the photographs, images, texts, logos, designs, trademarks, signs, trade names and data. that are included in the Website. Any of the named signs are subject to intellectual Property rights and all trademarks, trade names or distinctive signs, industrial and intellectual property rights, on the contents and/or any other elements inserted in the Website, which are the exclusive property of the Company and/or third parties, who have the exclusive right to use them in economic traffic.
The User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the Company harmless from any claim arising from breach of such obligations.
In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein.
Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the Company or the third party owner of the rights affected.
Likewise, it is prohibited to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the Company the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
Link policy (hyperlinks)
The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the Company's Website, as well as any of its contents, unless expressly authorized in writing by the Company.
The Company's Website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. In accordance with this, the Company is not responsible for the content of said websites, nor is it in a position of guarantor or/or party offering the services and/or information that may be offered to third parties through the links.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website:
They may not imply that the Company recommends that Website or its services or products;
They may not misrepresent their relationship with the Company or affirm that the Company has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of the Company;
They may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal;
They may not link to any page of the Website other than the main page;
You must link to the address of the Website itself, without allowing the Website that makes the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website. Website.
The Company may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it.
The Company cannot control the information, content, products or services provided by other web pages that have established links to the Website.
Consequently, the Company does not assume any type of responsibility for any aspect related to such web pages.
Obligations and responsibilities of the User of the Website
The User undertakes to: Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
Provide yourself with all the means and technical requirements that are necessary to access the Website.
Provide truthful information by completing the forms contained on the Website with their personal data and keeping them updated at all times so that they respond, at all times, to the actual situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the Company or third parties due to the information provided.
However, what is established in the previous section, the User must also refrain from:
Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the Company, its suppliers or third parties.
Attempting to access, use and/or manipulate the data of the Company, third-party providers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the Company or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content .
Obtain and attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, on those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
In any way, be contrary, belittle or violate the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation.
Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order .
Induce or may induce an unacceptable state of anxiety or fear.
Induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
It is protected by the legislation on intellectual or industrial protection belonging to the Company or to third parties without the intended use having been authorized.
Is contrary to honor, personal and family privacy or the image of people.
Constitute any type of advertising.
Include any type of virus or program that prevents the normal functioning of the Website.
If you are provided with a password to access some of the services and/or contents of the Website, you undertake to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the Company of any event that may lead to improper use of your password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the above notification is not made, the Company will be exempt from any liability that may arise from the improper use of its password, being its responsibility any illegal use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the Company from said breach.
The Company makes its best efforts to ensure the uninterrupted availability of the Website. However, access may be temporarily interrupted due to maintenance tasks, the uploading of updates, new Products and Services or for reasons beyond the control of the Company.
The Company may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein are contrary to these General Conditions of Use.
The Company is not responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the content that may generate such damage, provided that it is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:
The use that Users may make of the materials on the Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or third parties.
Of the infringements in matters of intellectual and industrial property that third party collaborators of the Company could commit in relation to the Products or the materials supplied for the sale of Products.
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the Company.
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
Improper or inappropriate abuse of the Website. From errors or damage caused to the Website by inefficient use and in bad faith by the User.
Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The Company's administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.
Of the non-operation or problems in the email address provided by the Client for sending the order confirmation.
The Company undertakes to solve any problems that may arise and offer all the necessary support to the User to reach a quick and satisfactory solution to any incidents that may arise on the Website.
If you do not agree with the modifications introduced, we recommend that you do not use our website.
You can consult the information on cookies by accessing this LINK.
duration and termination
The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the Company may terminate or suspend any of the portal services. Whenever possible, the Company will announce the termination or suspension of the provision of the determined service.
Declarations and guarantees
In general, the contents and services offered on the Website are merely informative. Therefore, by offering them, the Company does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, veracity, accuracy, or marketability, except in to the extent that such representations and warranties cannot be excluded by law.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the Company will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.
The Company will not be responsible in case of impossibility to provide service, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all the cases of force majeure or fortuitous event.
Dispute resolution: applicable law and jurisdiction
These Conditions of Use are governed by Spanish law.
In case of controversy or disagreement that derives from these Conditions of Use and for the resolution of any conflicts, the Company and the consumer User agree to submit, at their free choice, and waiving any other jurisdiction or jurisdiction to which they may have right, to the Courts and Tribunals of the city corresponding to the domicile of the consumer User.
In the case of a non-consumer Client or User, the Parties agree to submit to the Courts and Tribunals of Barcelona.
For the purposes of these Conditions of Use, "consumer" shall be understood as the person who acts for a purpose unrelated to their commercial, business, trade or profession, in accordance with Royal Legislative Decree 1/2007, of November 16, by which approves the consolidated text of the General Law for the Defense of Consumers and Users.
CONDITIONS OF USE AND SALE
AREA OF APPLICATION
These sales conditions (“Sale Conditions”) regulate the purchase of the Products offered by the Company to Clients through its website or its physical establishments in Ibiza and Formentera.
The Company operates through its Website, for the Spanish territory included in the Iberian Peninsula and the Balearic Islands (hereinafter, the "Territory"), in addition to its physical establishments located in Ibiza and Formentera.
The Company ships and distributes the Products in the "Territory" as well as in the rest of the European Union, except the United Kingdom. These Conditions of Sale only apply in the cases in which the Clients buy the Products from the Company through the channels expressed in the first paragraph of this Clause. They will not apply in those cases in which the Clients buy the Products from third parties, in which the Company will be exonerated from any responsibility.
Unless there are circumstances derived from the personalization of the Products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the Products listed in each Shipping Confirmation within the period indicated on the Website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid by bank transfer. . Keep in mind, in any case, that we do not make home deliveries on Saturdays or Sundays, or on public holidays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to have it sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that 15 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date the product is received at our establishment, the contract being considered since then terminated. Please note that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
TRANSMISSION OF RISK AND PROPERTY
The risks of modification, loss and/or destruction of the products will be borne by the user or consumer from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in the previous clause), if this took place at a later time.
• Right of withdrawal
In accordance with the law, you will have a period of fourteen (14) calendar days from the date of physical receipt of the products (or the last product if there were several products in the same order and you receive it separately) to exercise the right of withdrawal. without having to justify the reasons or pay penalties, you will only have to bear the return shipping costs, being an essential requirement that you send your communication before the end of the aforementioned period.
The communication must be done by sending an email to email@example.com, with the following information:
- Names and surnames.
- Order number.
- Reason for return.
- Products that you want to return.
Once the change or return is confirmed with firstname.lastname@example.org, we will indicate how to proceed with the shipment of the product. In order to carry out the return, it will be necessary to deliver the product or products in compliance with the following conditions:
- Keep the original box and packaging of the products.
- The product must be clean and in good condition, without being dirty, stained, mistreated, with damage caused, repairs or arrangements.
- It must be delivered with its labels without being detached or damaged. In the return it will be necessary to pack the product in such a way that its deterioration during transport is not possible, assuming the possible damage during it. Beso Shop SL will not accept the return of the product when it shows obvious signs of use or that, for hygienic-sanitary reasons, certain items, such as "swimsuits of any type, masks, fragrances, gels, candles and other products in the same category" They do not accept returns or changes.
The returned product must be accompanied by a photocopy of the purchase receipt, order confirmation email or the sticker with order details that is included in the box you receive with your product or products. Changes and returns of products purchased in physical establishments can be made using the same way as those products obtained online (web page).
The payment will be made to the original payment method used for the purchase by the user or consumer.
Management and transportation expenses in purchases are not refundable, nor are exchange or return expenses, which would be borne by the client or consumer, except for those purchases made remotely (by internet, telephone, catalog, etc.) where the consumer will have a period of 14 calendar days to return the product at no cost, except in the case of withdrawal, where he will be obliged to pay the shipping costs.
You can download the form for exercising the right of withdrawal here.
• Guarantees, claims and erroneous shipment
All the products offered have the corresponding legal guarantee. If any type of non-conformity is detected, you must contact the Customer Service department immediately after becoming aware of the non-conformity, by sending a message to email@example.com. In this regard, unless otherwise stated and proven, it will be understood that there is conformity of the products with respect to the contract when:
- They conform to the description made and have the qualities of the product that the seller has presented to the user or consumer in the form of a sample or model.
- They are suitable for the uses for which products of the same type are ordinarily used.
- They are suitable for any special use required by the consumer or user when they have informed the seller at the time of signing the contract, provided that the latter has admitted that the product is suitable for said use.
In the event that the product or products are/are returned due to lack of conformity (defective products or erroneous shipments), you will have the right to choose between the return of the economic amount paid or the restitution of the product for another with identical characteristics. BESO SHOP SL will be responsible for the shipping or return costs of the product.
In the event of a return due to an erroneous shipment, it will be necessary to deliver the product with the packaging in perfect condition, that the product and its accessories are in perfect condition, as well as that the product be packaged in such a way that its deterioration is not possible during the shipment. transport, assuming the possible damages during the same.
BESO SHOP SL will not accept the return of the product when it shows obvious signs of use. In case of defective product, the user or consumer will try to send the product in the best conditions.
The refund of the amount will always be made according to the way in which you initially paid for the purchase and provided that the aforementioned requirements are met. In the case of cash on delivery purchase, the refund of the amount will be made by bank transfer to the account that you indicate.
For any claim related to your received order, we need you to provide us with several images of the state of the box and packaging, from all angles, including the base part, within a maximum period of 48 hours from the moment of receipt.
The Customer will have a customer service through which they will respond to all requests and queries from Customers who have purchased products through the Website.
Customer service will be responsible for managing incidents and claims from Customers.
APPLICABLE LAW AND JURISDICTION
These Conditions of Sale are governed by Spanish law.
In case of controversy or existing disagreement -exclusively- between the Client and the Company that derive from these Conditions of Sale, the parties agree to submit, at their free choice, and waiving any other jurisdiction or jurisdiction to which they may be entitled. , to the Courts and Tribunals of the city corresponding to the domicile of the Consumer Client.
In the case of a non-consumer Client, the parties agree to submit to the Courts and Tribunals of Barcelona capital.
For the purposes of these Conditions of Sale, "consumer" shall be understood as the person who acts for a purpose unrelated to their commercial, business, trade or profession, in accordance with Royal Legislative Decree 1/2007, of November 16, by which approves the consolidated text of the General Law for the Defense of Consumers and Users.