Conditions of Sale
1 PURPOSE AND SCOPE OF APPLICATION
The general conditions shall be applied, unless specifically indicated otherwise, to all sale and purchase transactions for Products you enter into with BQ through the Web Site store.bq.com The fact of placing an Orders and accepting the present Conditions entails your full and total subscription of the present General Conditions.
The General Conditions, unless specifically indicated otherwise, shall be solely and exclusively applicable to the Orders placed through the Web Site and are not applicable to acquisitions of BQ Products from third-party entities, or through distribution channels. The Conditions shall be interpreted in accordance with the laws of the country from which the order is placed, provided that BQ has a permanent establishment in that country. Otherwise, they will be interpreted in accordance with Spanish regulations.
In this sense, all your purchases must be made through the e-commerce web site of BQ in your country of residence, as shown by default by BQ. In those cases where BQ does not have a specific Web Site for your country of residence, you may acquire Products through the BQ international store.
BQ reserves the right to carry out amendments and/or updates to the present conditions at any moment and undertakes to inform you in advance if such changes are substantial. In any case, you will be deemed to have expressly accepted any such amendments or updates if you then place an order through Web Site.
For all purposes, marking the corresponding box during the contracting process shall have the same validity as a signature or personal acceptance of the corresponding contract, in which you acknowledge that you are of legal age and have sufficient capacity to enter into contracts.
In accordance with the provisions contained in applicable legislation, contracts entered into electronically shall have all of the effects foreseen in the legal system when consent is given and the other requirements needed for their validity are met.
In any case, the electronic medium in which the present General Conditions are set out and the contract entered into electronically shall be admissible as evidence in the event of any dispute between the parties.
Any issue not expressly foreseen in the present General Conditions shall be deemed to have been reserved for BQ, without prejudice to the application of the provisions contained in current regulations.
2. HANDLING OF ORDERS AND THE PURCHASE PROCESS
BQ provides a wide range of products with the BQ brand that can be acquired round the clock through the Web Site. These products will subsequently be delivered on the terms and conditions established by BQ.
1 REGISTRATION AND IDENTIFICATION OF USERS
User registration is completely free of charge and can be done electronically at here where you will have to provide at least the following information:
- •Full name.
- •ID card / Tax ID card number.
- •Contact telephone number.
- •Postal address for receipt or collection of your Order.
- •Email address. This will be used to confirm your Order and is associated with your user account.
It is important that you provide true and up-to-date details as you will otherwise be responsible for any possible errors and consequences arising therefrom.
For the purposes of logging onto the platform, after you have registered, you will be required to type in the corresponding user ID and password in all cases. In the same way, BQ reserves the right to enable other means for you to register and log in through third-party platforms.
2 REQUIREMENTS FOR REGISTRATION AS A USER
Your user account is personal and non-transferable and, by registering on the site, you are expressly declaring that you are a natural person of legal age and with full legal capacity to act and contract.
For the purposes of determining legal age, the reference will be that age indicated in the legislation of your country of residence, when registration is made through the BQ Web Site of your country of residence.
Where the purchase is made through the BQ international Web Site, all persons over 18 years of age will be considered to be of legal age.
3 DE-REGISTRATION FO YOUR USER ID
You will be able to de-register from the service whenever you wish. All you need to do is submit an application in writing to the email@example.com email address, indicating your User ID and the specific service you want to de-register from. You can also request de-registration for the receipt of our email notifications through the same address from which they are sent. BQ hereby informs you that the process for dealing with de-registration requests takes between 48 and 72 hours from the moment the request is received.
4 PURCHASE PROCEDURE
The procedure for purchasing the products and/or services offered by BQ is carried out completely electronically through our Web Site. All you need to make a purchase is access to the Internet, as all the products and services available through the Web Site are accessible to the general public, without any restriction for their display.
The complete procedure you have to follow in order to acquire any of the products offered through the Web Site is as follows:
- •1 After logging onto the Web Site, you will have to select the products and/or services you are interested in. It is very important that you review carefully all the descriptions and characteristics indicated, as well as the conditions, delivery times and final prices for the same.
- In this way, the products or services you have selected will be added to the “Shopping Basket” on the Web Site and you will be able to continue with the purchase of other products until you click on the “Checkout” button. Although all of the products have been added to your“ Shopping Basket”, you will be able to eliminate them selectively or, if you wish, abandon the entire purchase at any moment, provided that you have not yet paid.
- •2 When you click on the “Checkout” button, you will be shown a summary of the purchase and you will be able to see the products selected, the number of each, their total price, the shipping costs and applicable taxes.
- From this moment on, you will need to be identified as a registered user, if you haven’t already logged in; otherwise, you have to provide your registration details and accept the present contracting conditions and the corresponding terms and conditions for the BQ Product Guarantee here.
- If you have not yet registered and want to sign up at this point, the Web Site will display a link to let you register at that moment.
- •3 Finally, you will have to select the form of payment you wish to use. You must choose one of those indicated by BQ on the Web Site before proceeding with the corresponding payment. At no moment will BQ have access to your bank details as these are handled directly by the corresponding financial entities.
- •4 Once the payment process is complete, you will be shown a summary screen of the purchase made, without prejudice to any confirmation email you may receive following the purchase.
- This email will describe the purchase made along with its characteristics. This document will be useful to you later on if you need to prove what you ordered in the event of a claim or request associated with the purchase process. If you do not receive this email, we recommend you look in your “spam” or “unsolicited mail” folder. If the document is not there, you will need to notify BQ of this as promptly as possible so that we can resolve the problem.
If you have registered on our Web Site, all the information about your order(s) will be available in your private area where, after logging in, you will be able to see the summary of your order(s), the date, amount, form of payment, and its shipment and/or delivery status.
BQ reserves the right to request, at any stage in the Order process, even after its confirmation, document accrediting your identity, always for the purposes of confirming that the details submitted correspond to you, as well as the form of payment used, in order to comply with online fraud prevention measures. BQ reserves the right to cancel your order if you do not submit the documents requested, or if your true identity does not correspond to the details on the order placed.
The online sales service regulated under the present conditions is solely and exclusively a retail sale service. BQ reserves the right to decline to process orders placed that contain more than three (3) units of a single product or, where appropriate, in a single order. In such cases, BQ will contact you to notify you of this circumstance.
BQ hereby informs you that, for reasons of security and the prevention of online fraud, in the event of any prolonged period of inactivity during the connection, the purchase process may be reset or, where appropriate, you may be required to log in again.
5 DELIVERY OF THE PURCHASE MADE
Unless specifically indicated otherwise, the products acquired shall by default be sent to the postal address indicated to BQ on your user account o, where appropriate, the address furnished during the purchase process. Nonetheless, you will be able to modify the delivery details during the purchase process to indicate a new address, as well as to alter that associated with your account.
As a general rule, and provided that you have made payment in full and this has been received by BQ, the products acquired will be shipped without undue delay and in any case within the maximum term of thirty (30) days from the date the order is formalized.
BQ hereby informs you that there is a possibility that, at the moment the order is processed, there may not be sufficient stock of the product to fulfil your order. In such cases, BQ will inform you of this circumstance as soon as it becomes aware of this situation and you will have two options at that moment: cancel the corresponding Order, in which case BQ will order the corresponding refund of the sums paid, or else maintain the Order, in which case it will be fulfilled as soon as stock becomes available. You will be told in advance of the new delivery date.
Furthermore, even despite having products in stock, this might not be sufficient if BQ receives a huge demand for a single product over a specified period of time. In such cases, products will be delivered strictly according to the time the orders were placed and you will be informed of this situation and of the new delivery date. This communication will be made by email or, exceptionally, by telephone.
3 CONTRACTUAL CONDITIONS APPLICABLE TO PURCHASES
1 PRIOR INFORMATION
The present Contracting Conditions are available to you at the following link [INSERT LINK] where they can be consulted, downloaded or printed free of charge at any moment.
You are agreeing that the purchase has been completed from the very moment when you concluded the purchase process. For these purposes, it will be understood that, by following through with all the phases in the electronic contracting procedure, together with your acceptance of the present Sales Conditions, you are expressing the unambiguous desire to enter into a contract with BQ.
In the same way, BQ hereby informs you that the contract may be executed in the local language of the online store depending on the country from which the purchase was made, and/or in English, where appropriate, through the BQ international store.
2 ECONOMIC TERMS AND CONDITIONS
1 PRICE OF THE PRODUCTS
The sale price of the products will in all cases be the price indicated on the record sheet for the product acquired, always expressed in euros (€), to which must be added the shipping costs shown at the moment the user indicates the delivery address. Where the purchase is made from a country in which BQ has no permanent establishment, or where it is not engaged in business, you must also assume, in addition to the shipping costs, any other additional charge associated with the order, such as taxes, costs and customs expenses established in the applicable regulations, if appropriate.
The sales prices include by default the V.A.T. applicable in Spain. Once the client specifies the delivery address, the price will be recalculated with the V.A.T. rate applicable in that case, or without V.A.T. if the shipment is sent to a resident in a non-EU country.
BQ reserves the right to alter its prices at any moment without giving any prior notice; such modifications shall in no case affect orders that have already been placed and confirmed by BQ.
2 PAYMENT AND INVOICING
Once you have made your purchase and the corresponding payment, BQ will automatically send you an email setting out all the information about the products acquired, their unit prices, the total price of the purchase, as well as any taxes applied.
For all purposes, the purchase will be deemed to have been completed solely and exclusively when BQ has received confirmation of payment from the financial entity responsible. Should the transaction be declined for any reason by the entity, or if the amount did not match the full amount corresponding to cost of the order (including any surcharges for management expenses and bank transfer fees), the transaction will be suspended. You will be informed that the transaction has not gone through and, therefore, that the purchase has not been effectively completed. You must proceed to repeat the purchase.
All electronic payments will be made through a secure payment gateway provided by an external financial entity, completely independent from BQ. For this reason, BQ will have no access at any moment to your payment details. In any case, the secure payment gateway will be housed in a server under an SSL encrypted communication protocol. For greater security, you should check that the web address of the page you are going to send the payment from begins with https://.
Together with the purchase, BQ will proceed to issue the corresponding invoice for the products acquired and send this in electronic format to your email address. In this sense, you are expressly and unambiguously agreeing that the sending of the invoice shall be done electronically.
BQ hereby informs you that, once the order has been placed, it will only be possible to issue the invoice for the purchase in the name of the natural or legal person who placed the order. It is not possible to alter the billing details so you must make sure that the order is in the name of the person or entity you want to receive the corresponding invoice.
3 SHIPPING CONDITIONS
After BQ has received payment confirmation, we will proceed to ship the products you have purchased to the address indicated, observing in all cases the limitations expressly foreseen and notified to you.
Shipping expenses will be passed on to you in the amount indicated in the breakdown of the final price displayed to you during the contracting procedure, as well as on the electronic invoice and the order summary accessible in your private area of the Web Site.
You will receive your order within the following approximate timeframe: between 24 hours and 10 working days (from Monday to Friday), depending on the destination and the time when the order was placed. In any case, never later than thirty (30) days following the formalization of the order. For orders placed before 13:00 hours (UTC +1:00), the order will be processed that same day. Orders placed after 13:00 hours will be processed the next working day.
For shipments sent outside the European Union, clients must pay the Customs charges that may in each case be generated by their order. These expenses are paid at the moment the order is received and will never be included in the price paid for the products. Clients must also pay any additional tax that may be levied on the order. BQ has no control over these charges or tariffs and cannot predict them as Customs policies vary from country to country. Clients can contact their local Customs office for further information. Please also remember that, when an order is placed via store.bq.com, you are legally considered to be acting as the importer and you must therefore comply with all of the laws and regulations applicable in the country where you receive the product.
4 GUARANTEES AND RIGHT TO WITHDRAW
1 GUARANTEES AND RETURNS
All products on offer are original, new products without any known defect, and are supplied with the appropriate guarantee terms duly established in the specific guarantee conditions accessible via the following link here.
If you feel that the product sold to you shows any defect, kindly notify us at BQ immediately by contacting BQ’s customer service at firstname.lastname@example.org explaining the circumstances. The customer service department will indicate the procedure for you to return and/or exchange the product, provided that the guarantee term has not expired.
As soon as we receive the returned product at our facilities, and after identification of its defects and confirmation that they are not due to any incorrect use of the product, we will proceed to refund all the sums paid or, where appropriate, to replace the product in question without this representing any additional cost for you.
2. RIGHT TO WITHDRAW
BQ hopes that you will be satisfied with your Order. However, if this is not the case for any reason, we have put in place at BQ a totally flexible, speedy and free process for you to return your purchase and withdraw from the contract which is explained below.
1. WITHDRAWAL TERM
You have a term of fourteen (14) working days, from the moment your order is received, to exercise your right to withdraw. This withdrawal does not require you to give any reason and is not associated with any kind of penalty.
In particular, where you are exercising your right to withdraw with respect to multiple products, the date of receipt of the last Product will be taken as the reference for the calculation of the deadline indicated above.
2. EXERCISE OF THE RIGHT TO WITHDRAW
Where you decide to exercise your right to withdraw from the purchase you made, you will have to take the following steps:
- 1. You will have to notify BQ of your desire to exercise your right to withdraw through any of the methods indicated in the section entitled “Customer Service”.
- 2. Once we receive your withdrawal request, we will confirm its receipt by email, indicating your case reference number, as well as the instructions you need to follow to return the Product to us.
- 3. Specifically, you will have to send the product to BQ at the address we indicate and then confirm this by sending an email to the email address indicated in the section entitled “Customer Service”
- 4.The exercise of your right to withdraw requires you to return the product to BQ in the same condition in which you received it, with all of its attachments, packaging and wrapping, so that it is not possible for it to be damaged during transportation. You expressly agree that you will assume liability for any possible damage the Product may suffer if you do not return it to us in the same condition in which you received it.
- 5. After we have received the Product and confirmed that it is in perfect condition and has all its elements, BQ will proceed to reimburse you the amount you paid within the maximum legal deadline foreseen.
- 6. In all cases, any payment we make for these sums will be made through the same form of payment you used to make the initial payment, unless you indicate that you prefer a different method, in which case the procedure might incur additional costs.
- In those cases where you acquired multiple products in the same order, it will be possible to exercise your right to withdraw with respect to any or all of the products. In that case, BQ will reimburse you the sums paid for those products for which you have exercised this right.
- In addition, you should bear in mind that, in all cases, you will have to pay the expenses incurred in sending the product back to our facilities when exercising this right. BQ will only reimburse you the amounts paid when you purchased the product(s).
3. CUSTOMER SERVICE
As the party responsible for the Web Site and in charge of the marketing and sale of the products and services offered on the same, BQ has available a Customer Service Department with the following timetable: Monday to Fridays from 8:00 a.m. to 5:00 p.m. (UTC +1:00). All your queries, complaints and suggestions in connection with your purchase of products on the Web Site will be handled here. Specifically, the different ways to contact the Customer Service Department are as follows:.
- •Contact form: www.mibqyyo.com
- •Postal address: Calle Juana Francés 2, Nave 14, Rivas Vaciamadrid, (28522 Madrid), Spain
* All calls from private telephones and mobiles in Spain will only be charged at local rate. To find out more about rates from your country, please ask your operator.
BQ undertakes to respond as quickly as possible to all requests received and, in all cases, within the deadlines legally established.
At BQ, we undertake to comply fully with our legal obligations, as well as the contractual obligations arising out of the present sales conditions and other legal conditions included on the Web Site.
Should either of the parties fail to comply with any of its obligations or hinder the other party’s fulfilment of its obligations, then this will generate for the party affected the right to terminate the contract and, where appropriate, to claim for the corresponding compensation for any damage caused.
The parties shall be liable for any breaches they may have committed and shall hold the other party harmless vis-à-vis any error, blameworthy act or negligence not attributable to the same, and also with respect to any harm that may arise from the said breaches or errors attributable to the other party to the contract.
BQ shall not be liable in the event of any non-availability of the product or any impossibility in delivering it due to circumstances outside BQ’s control, acts of nature or force majeure, robbery or loss, or error in the order or details provided by the user. In such cases, however, BQ shall be obliged to contact the user immediately in order to find the best solution to each specific case.
Furthermore, BQ shall not be responsible for the use or lack of use you make of the product you have purchased and that may give rise to damage in the product (a) as a result of any failure to comply with the instructions about the use of the product, (b) caused by combining the product with components or accessories not manufactured by BQ, (c) intentional damage, or damage caused by accident, or improper use of the product, (d) damage to products or parts that have been repaired or modified by persons no properly authorized by BQ, among others.
If you make a purchase from a country in which BQ has no permanent establishment, the present General Conditions shall be interpreted in accordance with Spanish law. In this sense, you acknowledge and agree that the products marketed by BQ on the Web Site are fully designed and set up for their correct operation and placement on the market of those countries where BQ is established, as well as in those countries where it is engaged in business. They have not been verified to operate correctly in third-party States nor to comply with all of the regulatory requirements established therein.
For this reason, unless otherwise provided for in law, in the event of any failure of the product to operate because of potential technical incompatibilities derived from, by way of example and without limitation, the frequency regime or required amperage according to the standards and regulations in force in your country, you will assume full responsibility arising out of the purchase you have made, as well as for the potential harm that might ensure from the use of the device for your person or third parties and/or property.
BQ does not guarantee that its devices complies with labelling obligations, safety certificates and homologations other than those required under Spanish regulations and, where appropriate, by such EU regulations as may be applicable. If you acquire our products from countries located outside the European Union where BQ has no permanent establishment, it is possible that the local authorities in the country of destination may seize the goods at Customs, preventing their access into the country, insofar as the device does not comply with local regulations. In such cases, BQ shall be exonerated from any kind of liability insofar as you have been alerted to this possibility.
6. SAFEGUARD CLAUSE
All of the clauses or stipulations of the present contract must be interpreted separately and independently. Should any of the stipulations be declared null and void by a definitive court judgement or a final arbitration decision, this shall not affect the rest of them. Any clause or clauses so affected shall be replaced by other(s) that preserve the effects pursued by the Contracting Conditions of the Web Site.
7. DISPUTE RESOLUTION
For all contentious matters in connection with this Web Site or any other matter depending therefrom, and provided that the applicable so allows, the Spanish legislation in force at the moment of the dispute shall be applicable, and the competent courts for the resolution of all disputes arising from or related to the use of the present Web Site shall be the Courts of Madrid (Spain) and, where appropriate, the Consumer Arbitration Tribunals or similar bodies to which BQ is subscribed at the moment the controversy arises.
Similarly, you are hereby reminded that you can resort to the European Commission’s dispute resolution platform at ec.europa.eu/consumers/odr.
In order to submit a complaint regarding the use of our services, you may write an email or postal message to the addresses indicated in the section entitled “Customer Service” and we undertake to seek at all times an amicable solution to the dispute.
Madrid, February 16th 2017.