Terms & Conditions

ARTICLE 1 - GENERAL

These General Terms and Conditions apply, without restriction or reservation, to sales made by BELLISIMA BEACHWEAR, SLU (hereinafter "BELLISIMA BEACHWEAR", "the seller" or "we"), with registered office at Calle Puntarenas 6, Ground Floor, Door 3, 35109 El Tablero, Las Palmas, to customers (hereinafter "the customer", "the user" or "the buyer") who purchase products offered for sale through the website or mobile website (together referred to as "bellisimabeachwear.com"). Please ensure that you have read and understood the Terms before using the website or placing your order.

Sales made through bellisimabeachwear.com are distance sales regulated by current Spanish legislation.

These terms and conditions are accessible at all times from the website and shall prevail over any other document with which they conflict, without prejudice to the provisions of current legislation.

The customer's order confirmation implies unreserved acceptance of these general terms and conditions of sale. Should these general terms and conditions of sale be modified, they will be binding on all purchases made after their publication on the website.

The BELLISIMA BEACHWEAR website is an e-commerce platform for the retail sale of swimwear and accessories to online users. Orders may only be placed by individuals aged 18 or over, not under guardianship, and not acting in a business or corporation capacity.

BELLISIMA BEACHWEAR reserves the right to modify these Terms and Conditions at any time without prior notice. However, the version of the Terms and Conditions that will apply to your order will be the one that appeared on bellisimabeachwear.com at the time of your order.

In order to offer the best possible online experience, BELLISIMA BEACHWEAR requires compliance with certain rules of conduct from its users. Users understand and agree not to post, transmit, redistribute, upload, or promote any communication or content that may harm or negatively affect our company, products, or services; to act in any way or use any device that restricts, impairs, interferes with, or limits any other user from using or enjoying the bellisimabeachwear.com site, or that affects the security of the site; nor will they use any device or attempt to use any engine, software, tool, agent, script, or other device or mechanism to navigate or search the website, or to copy content from the website. We reserve the right to immediately access the site and may terminate the account of any user who violates the provisions of these Terms and Conditions.

These Terms and Conditions will be supplemented by the provisions of the following documents: " Legal Notice ", " Privacy Policy ", " Shipping and Returns " and " Cookie Policy ".

ARTICLE 2 - IDENTIFICATION DATA

BELLISIMA BEACHWEAR, SLU

Office: Puntarenas Street 6, ground floor, door 3, 35109 El Tablero (Las Palmas)

CIF number: B76272830

Email: hello@bellisimabeachwear.com

ARTICLE 3 - ORDERS

3.1 PRICES

The sales price, indicated in euros, will be the price in effect at the time the customer places the order. The sales price of items may be modified at any time by BELLISIMA BEACHWEAR. The buyer will be notified of any such modification prior to placing the order.

The price does not include shipping costs and VAT, which will be charged as an additional charge. The total cost of the order is the price of the purchased items plus shipping costs plus VAT. Shipping costs will be indicated before the customer registers the order. The different shipping methods are set out later in these Terms and Conditions and will be reminded on the website. Shipping methods may be modified at any time by BELLISIMA BEACHWEAR.

Prices will include the VAT or IGIC applicable on the order date. Any change in the applicable tax rate will automatically affect the price of the products sold by BELLISIMA BEACHWEAR on its website.

If there is a typographical error in any of the prices shown or a discrepancy between the product and the image shown, and if a user has made a purchase decision based on this circumstance, we will notify the user immediately, and the user will have the right to cancel their purchase at no cost to them.

3.2 PRODUCTS

The buyer may select one or more items from the different categories offered by BELLISIMA BEACHWEAR on its website www.bellisimabeachwear.com. Without prejudice to orders placed by the buyer, BELLISIMA BEACHWEAR may modify the range of products offered for sale at any time.

In accordance with applicable regulations, the buyer will have the opportunity, prior to placing an order, to view the essential characteristics of the products at bellisimabeachwear.com. Furthermore, the products must comply with the requirements of current Spanish legislation. BELLISIMA BEACHWEAR will not assume any liability in the event of non-compliance with the legislation of a country other than Spain. It is the buyer's responsibility to verify with the local authorities of the country of delivery other than Spain the applicable limits for the import and use of the items they wish to purchase.

For any product-related questions, additional inquiries, or requests for advice, customers can contact BELLISIMA BEACHWEAR through the channels indicated under "Contact" on the website. Customers can also visit any of the physical stores to receive personalized advice and try out the products BELLISIMA BEACHWEAR offers.

BELLISIMA BEACHWEAR strives to provide accurate product and pricing information; however, typographical errors may occur. If there is a typographical error in any of the prices shown or a discrepancy between the product and the image shown, and if a user has made a purchase decision based on this circumstance, we will notify the user immediately, and the user will have the right to cancel their purchase at no cost.

BELLISIMA BEACHWEAR attempts to display the colors of the items appearing on bellisimabeachwear.com as accurately as possible. The color of all products can be seen in the product image. However, due to monitor color display and monitor settings, there may be color variations from the actual color.

3.3 AVAILABILITY

Items displayed on the website will be valid as long as they remain listed on bellisimabeachwear.com with the "add to cart" option active.

The products offered on the website are subject to stock limits. If the requested product cannot be supplied due to unavailability, the contracting party will be informed of this unavailability before finalizing the purchase, on the product page itself, and, in any case, by email once the purchase request has been received. If this information has not been provided and the contracting party has purchased a product that is out of stock, the amount paid will be refunded without undue delay.

3.4 ORDER

Placing an order constitutes acceptance of these Terms and Conditions, the Legal Notice , the Privacy Policy and the Cookies Policy .

The buyer may place his order in the following ways:

  • Through the website bellisimabeachwear.com.

The shopper browses our online store, adding the items they wish to purchase to their cart. Once they have selected their items, they will choose their payment method and shipping option.

From the moment the buyer confirms their order (hereinafter "the order"), it will be considered that they have fully accepted the content and conditions of the order in question and, specifically, these Terms and Conditions.

Once this phase has been validated, the buyer may no longer cancel their order, and the sale will be final. The order will be confirmed by BELLISIMA BEACHWEAR by sending an email ("Order Confirmation") to the buyer at the address provided for identification during the purchasing process, prior to completing the order. From that moment on, BELLISIMA BEACHWEAR will be authorized to charge the full price corresponding to the order.

Furthermore, BELLISIMA BEACHWEAR assumes no liability in the event of an error in entering the email address or failure to receive the confirmation email. If you discover an error in your order after completing the payment process, you must immediately contact BELLISIMA BEACHWEAR to correct the error.

Once payment has been confirmed by BELLISIMA BEACHWEAR, the order will be shipped to the delivery address provided by the buyer. The buyer is responsible for ensuring that the information provided is accurate and declares that it is completely truthful, thereby releasing BELLISIMA BEACHWEAR from any liability to them and/or third parties.

Please note that purchases are reserved for private customers. In accordance with applicable regulations, BELLISIMA BEACHWEAR reserves the right to refuse or cancel, for legitimate reasons, any order in which the number of products or the amount to be paid (for a single order or for multiple orders combined) or other elements clearly and reliably indicate that the buyer is not a consumer or demonstrate the buyer's economic activity related to the products ordered, or, in general, any abnormal order in accordance with the applicable jurisprudence.

The user agrees that invoices for product purchases will be issued electronically. You can request a paper copy by sending an email to hello@bellisimabeachwear.com.

3.5 OFFERS

BELLISIMA BEACHWEAR may offer some products on its website with a discount; the duration of the offer may be visible on the product page.

If the product in question has a price discount, it will be applied at the time of purchase and the user will be informed of this.

ARTICLE 4 - PAYMENTS

All orders must be paid in euros, including all mandatory taxes and duties.

BELLISIMA BEACHWEAR reserves the right to suspend or cancel the execution and/or delivery of an order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the buyer, in the event of payment incidents or in the event of fraud, whether completed or attempted, related to the use of the BELLISIMA BEACHWEAR website, including fraud committed in connection with previous orders.

4.1 PAYMENT METHODS

The buyer guarantees, exempting BELLISIMA BEACHWEAR from any liability, that they have all the necessary authorizations to use the payment method they have chosen for their order once they have registered it.

The payment methods available at BELLISIMA BEACHWEAR are as follows, which are subject to the terms and conditions of the service.

  • Bank cards: We use a secure payment gateway. Your data is encrypted using 128-bit SSL, and we will never receive any of your credit card details.
  • PayPal: PayPal is an international leader in online payment solutions. PayPal is a completely secure service that allows buyers and sellers to trade without knowing each other's bank details.
  • Bizum: Pay for your online purchase quickly, easily, and securely: enter your mobile phone number and your Bizum PIN.

For more information you can visit Shipping and Returns .

4.3 SECURITY IN PAYMENT OPERATIONS

BELLISIMA BEACHWEAR will take every step to secure your data. Once sent to the appropriate gateway, its operation and security will be governed by the terms of the chosen service.

As part of the fight against online fraud, order data may be disclosed to third parties authorized by law or designated by BELLISIMA BEACHWEAR, for the sole purpose of verifying the buyer's identity, as well as the validity of the order, the payment method used, and the expected delivery.

Once this check is completed, BELLISIMA BEACHWEAR reserves the right to request a photocopy of the buyer's ID and/or any other data relating to the buyer's identity.

ARTICLE 5 - DELIVERIES

5.1 GENERAL

The products ordered by the buyer in accordance with these Terms and Conditions will be delivered to the address indicated by the buyer as the delivery address for the corresponding order.

For more information on countries or delivery times, please refer to the following link: Shipping and Returns .

5.2 CHARACTERISTICS OF THE WEBSITE DELIVERY MODES

The delivery methods listed below are not applicable to all products; therefore, a specific delivery method may not be available to the buyer in the context of their order. The buyer can view the delivery method before finalizing their order.

(a) In-store pickup

The buyer or recipient of the order will receive the products through one of the six stores chosen at the time of purchase, described in Our Stores

The delivery period starts counting from the day after the order is collected, 1 to 2 business days.

If the package cannot be delivered to the store within a specified timeframe, the package will be returned to BELLISIMA BEACHWEAR and the purchaser will be refunded using the payment method used to make the purchase.

(a) Delivery by Tipsa

The buyer or recipient of the order will receive the products through the shipping company Tipsa, and will be asked to sign an electronic acknowledgment of receipt. This electronic acknowledgment of receipt will serve as proof of delivery of the order by BELLISIMA BEACHWEAR.

Delivery time begins the day after Tipsa picks up the order and is between 2 and 4 business days, Monday through Friday.

If Tipsa is unable to deliver the package within a specified timeframe, the package will be returned to BELLISIMA BEACHWEAR and the purchaser will be refunded using the payment method used to make the purchase.

5.3 ANOMALIES, DAMAGES, DAMAGED PACKAGES

5.3.1 General

The recipient of the order is advised to check the external condition of the package and the products upon delivery. In the event of an anomaly related to the package or the product(s) ordered, the buyer or recipient must follow the appropriate procedure described below in these Terms and Conditions.

Likewise, the buyer or recipient will have the option of contacting BELLISIMA BEACHWEAR to return or replace the affected products or use the withdrawal form.

5.3.2 Procedure in case of damaged package

In the event of an incident confirmed in the presence of the carrier, you can refuse delivery and clearly and thoroughly explain the incident, or cancel the purchase.

In the event of incidents detected without the presence of the carrier, you can notify BELLISIMA BEACHWEAR of the anomaly by sending an email to hello@bellisimabeachwear.com or via WhatsApp +34 662 93 41 76 (Monday to Friday from 9:00 a.m. to 3:00 p.m. Canary Islands time), or cancel the purchase.

5.3.3 Procedure in case of missing or damaged product

The buyer or recipient must notify BELLISIMA BEACHWEAR of any missing or damaged product by sending an email to hello@bellisimabeachwear.com or via WhatsApp at +34 662 93 41 76 (Monday to Friday, 9:00 a.m. to 3:00 p.m. Canary Islands time). Alternatively, you can also use the withdrawal form.

5.4 DELIVERY TIMES

Delivery times can be found in the " Shipping and Returns " section of the website.

Deliveries are made within the specified timeframe. Buyers can contact BELLISIMA BEACHWEAR at hello@bellisimabeachwear.com, and we will provide as many details as possible regarding their shipment. Occasionally, given the unique weather conditions of the Canary Islands, which always require air and sea transportation in addition to land transportation, delivery of your order may be delayed due to rain, wind, or rough seas.

ARTICLE 6 - RETURNS

6.1 GENERAL

Any order that has not been shipped may be canceled free of charge. If you wish to cancel an order that has already been shipped, and provided you request it within 14 days of purchase, you will receive a refund, less any return shipping costs, calculated based on the volume and weight of the package, as well as its destination.

If, at the time of purchase, the customer has expressly selected a delivery method other than the least expensive standard delivery method, any additional costs resulting from this will not be reimbursed.

If you wish to cancel an order, you must contact us as soon as possible after placing it.

In accordance with current regulations, returns will not be accepted for products that are likely to deteriorate or expire quickly, or for sealed goods that are unsuitable for return due to health or hygiene reasons and that have been unsealed after delivery. Returns will also not be accepted for personalized goods made according to the customer's specifications.

In all other cases, you have a period of fourteen calendar days from the day after receiving the order to indicate that you wish to return it (withdrawal).

You must contact us for instructions on how to proceed. Alternatively, you can use the template included at the end of this section.

Return costs will be borne by the customer, unless we have sent a defective or incorrect product.

6.2 STEPS TO FOLLOW IN CASE OF RETURN

You can request a return by email to hello@bellisimabeachwear.com or using the form included at the end of this section. You have fourteen calendar days from the day after receiving your order. Once we receive your return request, we will contact you with the next steps.

You can return the products by any means you prefer or through our shipping provider. You must return the product to us within fourteen calendar days of the date you notify us of your decision to return a product. You must return or deliver the products directly to us without undue delay. We may withhold the refund until we have received the goods. The product must be in the same condition as when it was delivered; otherwise, the value of the product may be reduced, and BELLISIMA BEACHWEAR, SLU will be entitled to return only the corresponding portion of the refund.

Once we determine that a return is appropriate, we will refund the amount of the product(s) using the same payment method used by the user for the purchase, within fourteen calendar days from the date of receipt of the product(s) to be returned, under the terms and conditions of withdrawal detailed in this section.

6.3 WITHDRAWAL TEMPLATE

(only complete and send if you wish to cancel the purchase)

To the attention of BELLISIMA BEACHWEAR, SLU, with registered address at Calle Puntarenas 6, Ground Floor, Door 3, 35109 El Tablero, Las Palmas and email address marian-bellisima@outlook.es.

I hereby inform you/we hereby inform you (*) that I withdraw from my/we withdraw from our (*) contract of sale of the following goods/provision of the following service (*):

  • Ordered on/received on (*):
  • Name of the consumer and user(s):
  • Address of the consumer and user or consumers and users:
  • Signature of the consumer and user(s) (only if this form is submitted in paper form):
  • Date:

(*) Delete as appropriate

If the withdrawal is submitted in paper form, it must be duly signed by the contracting party. To comply with the deadline, it is sufficient for the notification to be sent before it expires. In the event of withdrawal by the contracting party, BELLISIMA BEACHWEAR will refund all payments received, excluding shipping costs, without undue delay. This refund will be made using the same payment method used for the initial transaction, unless expressly agreed otherwise; in any case, no costs will be incurred as a result of the refund. BELLISIMA BEACHWEAR may withhold the refund until it has received the products or until proof of their return is presented.

The contracting party must return or deliver the products directly to BELLISIMA BEACHWEAR at: BELLISIMA BEACHWEAR, Calle Puntarenas 6, Planta Baja, Puerta 3, 35109 El Tablero, Las Palmas, without undue delay and, in any case, no later than fourteen calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline will be deemed to have been met if the products are returned before the expiration of said period.

The contracting party must assume the direct cost of returning the products, either by their own means or by requesting a quote from BELLISIMA BEACHWEAR. The contracting party is responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the products.

ARTICLE 7 - GUARANTEE

7.1. LEGAL GUARANTEES

All products sold at bellisimabeachwear.com are covered by the legal warranty in accordance with applicable regulations, which allows the buyer to return any defective or non-compliant products delivered free of charge.

In accordance with applicable regulations, BELLISIMA BEACHWEAR is obliged to deliver products that comply with the contract, and is responsible for any lack of conformity that exists at the time of delivery.

To conform to the contract, the asset must:

  • Be suitable for the uses to which products of the same type are ordinarily intended;
  • Conform to the description made by the seller and possess the qualities of the product that the seller has presented;
  • Present the quality that the buyer can reasonably expect, taking into account the public statements made by the seller;
  • Present the characteristics defined by mutual agreement between the parties or be suitable for any specific use intended by the buyer, brought to the attention of the seller and accepted by the seller.

The action resulting from defects in conformity expires two years after delivery of the goods.

The consumer and user must inform the seller of any lack of conformity within two months of becoming aware of it.

7.1.1 Exclusion of warranties

Products modified, repaired, integrated, or added by the purchaser are excluded from the warranty. Damage resulting from misuse is also not covered by the warranty.

The seller is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

The legal guarantee of conformity applies independently of any other permitted commercial guarantee. Notwithstanding the foregoing, BELLISIMA BEACHWEAR shall have the right to investigate the claim and may be asked to provide evidence proving the defect or nonconformity. If, as a result of the investigation, it is determined that the reported defect does not exist, or that it is not the responsibility of BELLISIMA BEACHWEAR, it shall be entitled to be reimbursed by the Customer for the costs incurred in connection with the claim.

If repair is carried out, the two-year period from the date the product was made available to BELLISIMA BEACHWEAR until it is delivered to the customer will be suspended. Replacement suspends the period from the date the customer exercises this option until the delivery of the new product.

For any claim related to legal guarantees, the buyer must contact BELLISIMA BEACHWEAR through the means indicated in the " Contact " section of the website, via postal mail to Calle Puntarenas 6, Ground Floor, Door 3, 35109 El Tablero, Las Palmas or via email to hello@bellisimabeachwear.com.

ARTICLE 8 - RETENTION OF TITLE

BELLISIMA BEACHWEAR retains full and complete ownership of the products sold until full payment has been made for the price thereof.

ARTICLE 9 - INTELLECTUAL PROPERTY

The BELLISIMA BEACHWEAR trademark, as well as all trademarks, whether figurative or not, and any illustrations, images, logos and any content present on the website are the exclusive property of BELLISIMA BEACHWEAR or the owner of the corresponding intellectual property rights.

The total or partial reproduction, modification, or use of these trademarks, illustrations, images, logos, or any other content, for any reason or on any medium, is prohibited without the prior express written consent of BELLISIMA BEACHWEAR or the owner of the corresponding intellectual property rights. The foregoing provision shall also apply to the copyrights, designs, models, and patents present on bellisimabeachwear.com.

Our website may include links to other websites. BELLISIMA BEACHWEAR cannot control such websites and external sources, and therefore assumes no responsibility for the websites and external sources made available to users, nor for the content, advertising, products, services, or other information or data available thereon.

ARTICLE 10 - LIABILITY

10.1 GENERAL

It is the visitor's responsibility to use the information technology and telecommunications resources necessary to access bellisimabeachwear.com. Use of the website is at the visitor's own risk. BELLISIMA BEACHWEAR assumes no liability for any damages that visitors or users may suffer as a result of such use.

10.2 LEGAL CAPACITY

Before placing an order, the buyer declares that they have full legal capacity. Therefore, if a person lacking legal capacity places an order for items on the BELLISIMA BEACHWEAR website, the person's legal guardians will assume full responsibility for the order and must pay the price.

10.3 LIMITATION OF LIABILITY

BELLISIMA BEACHWEAR's liability for the obligations established in these Terms and Conditions cannot be enforced when the failure to comply with said obligations is attributable to the actions of third parties.

The website contains information from third parties and links to other websites. BELLISIMA BEACHWEAR does not control the accuracy or content of such information. Consequently, BELLISIMA BEACHWEAR assumes no liability for any damages that may result from the use of such third-party information or content from other websites, from access to such information, or from the inability to use such information.

10.4 CONFLICT RESOLUTION

In the event of any controversy or conflict that may arise from compliance with these Terms and Conditions, such disputes shall be resolved before the Courts and Tribunals of the user's domicile.

Our organization is a member of Confianza Online (a non-profit association), registered in the National Registry of Associations, Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain). For more information: www.confianzaonline.es .

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a participating entity and under the terms of the Code of Ethics, users may contact Confianza Online for alternative dispute resolution ( https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/ ). If the complaints relate to electronic transactions with consumers, or to data protection when related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, accredited for alternative dispute resolution in consumer matters. If the complaints relate to digital advertising, or to data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.

We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

ARTICLE 11 - PRIVACY POLICY

BELLISIMA BEACHWEAR collects the personal data of the buyer and, where applicable, of the recipient of the order. This data will become part of an automated file under the responsibility of BELLISIMA BEACHWEAR. The purposes, recipients, and conditions under which BELLISIMA BEACHWEAR collects and processes this personal data are set forth in the " Privacy Policy " document.

September 2021