ARTICLE 1 - GENERAL
The present General Terms and Conditions apply, without restriction or reservation, to sales made by BELLISIMA BEACHWEAR, S.L.U. (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 the products offered for sale through the website or mobile website (collectively referred to as "bellisimabeachwear.com"). Please ensure that you have read and understood the Terms before using the website or placing your order.
Sales concluded through bellisimabeachwear.com are distance sales regulated by the Spanish legislation in force on the matter.
These conditions are accessible at all times from the website and will prevail over any other document with which they contradict, without prejudice to the provisions of current legislation.
The validation of the order by the customer implies unreserved acceptance of these general conditions of sale. In the event that these general conditions of sale are modified, they will be binding for 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 Internet users. Orders may only be placed by individuals who are at least 18 years of age, not under guardianship, and who are not acting in the capacity of a company or partnership.
The inclusion of any product or service on bellisimabeachwear.com at any time does not imply or warrant that such product or service will be available at any time. We reserve the right to discontinue the continuity of an item at any time.
BELLISIMA BEACHWEAR reserves the right at all times to modify these Terms and Conditions without notice. However, the version of the Terms and Conditions that will apply to your order will be the version that exists on bellisimabeachwear.com at the time you place your order.
In order to provide the best possible online experience, BELLISIMA BEACHWEAR requires compliance with certain rules of conduct by users. You understand and agree not to post, transmit, redistribute, upload or promote any communication or content that may damage or adversely affect our company, products or services; act in any way or employ any device that restricts, impairs, interferes with or limits any other user's use or enjoyment of the bellisimabeachwear. com site, or affect the security of the site; nor shall you employ 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 terms of these Terms and Conditions.
ARTICLE 2 - IDENTIFICATION DATA
BELLISIMA BEACHWEAR, S.L.U.
Office: Calle Puntarenas 6, ground floor, door 3, 35109 El Tablero (Las Palmas)
VAT Number: B76272830
ARTICLE 3 - ORDERS
The selling price, indicated in euros, will be the price in force at the time the order is placed by the customer. The selling price of the articles may at any time be modified by BELLISIMA BEACHWEAR. This modification will be communicated to the buyer before the order is placed.
The price does not include shipping costs which will be invoiced as a supplement. The total cost of the order is the price of the items purchased plus shipping costs. The shipping costs will be indicated before the customer registers the order. The different shipping methods are set out below in these Terms and Conditions and will be displayed on the website. The shipping methods may at any time be modified by BELLISIMA BEACHWEAR.
The prices will include the VAT or IGIC applicable on the date of the order. Any change in the applicable tax rate will automatically affect the price of products sold by BELLISIMA BEACHWEAR on its website.
The buyer will be able to select one or several articles 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 at any time modify the range of products offered for sale.
In accordance with the applicable regulations, the buyer will have the possibility, prior to the order, to know on bellisimabeachwear.com the fundamental characteristics of the products. In addition, the products will meet the requirements of Spanish legislation in force. BELLISIMA BEACHWEAR will not assume any responsibility in the event of non-compliance with the legislation of a country other than Spain. It is up to the buyer to verify with the local authorities of the country of delivery other than Spain the limits applicable to the importation and use of the articles he/she wishes to purchase.
For any questions regarding the products, additional queries or requests for advice, the customer can contact BELLISIMA BEACHWEAR through the channels indicated under "Contact" on the website. The buyer can also go to any of the physical shops to obtain personalized advice and try the products offered by BELLISIMA BEACHWEAR.
BELLISIMA BEACHWEAR strives to provide accurate information on products and prices, however, typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error, BELLISIMA BEACHWEAR shall have the right to refuse or cancel any orders placed.
BELLISIMA BEACHWEAR attempts to display, as accurately as possible, the colours of items appearing on bellisimabeachwear.com. The colour of all products can be viewed in the product image. However, due to the display of the colour on the monitor and depending on the monitor settings there may be colour variations from the actual colour.
The articles shown on the website will be valid as long as they remain advertised on bellisimabeachwear.com with the option "add to basket" operative and in any case while stocks last.
The validity of the offers presented by BELLISIMA BEACHWEAR will be subject to the availability of the products. At the time of ordering, BELLISIMA BEACHWEAR will offer the buyer information in principle on the availability of products. Exceptionally errors or modifications may occur, not having the buyer the actual information until the time of purchase.
In any case, in the event of total or partial unavailability of products after the order has been placed, the buyer will be informed by email, as soon as possible, of the unavailability of the product and the total cancellation of the order.
In the event of total cancellation of the order:
- The order will be automatically cancelled and no charge will be made.
- BELLISIMA BEACHWEAR will contact the customer to inform him of the cancellation of his order and offer him the possibility of renewing the order, with the exception of the unavailable product.
The buyer may place your order in the following ways:
- Through the bellisimabeachwear.com website.
The buyer browses through our online shop adding to your cart those items you wish to purchase. Once the selection of items, choose the method of payment and shipping option.
From the moment the buyer confirms his order (hereinafter "the order"), he shall be deemed to have knowingly accepted the content and conditions of the order in question and, in particular, these Terms and Conditions.
Once this stage has been validated, the Buyer may no longer cancel his order and the sale shall be final. The order will be confirmed by BELLISIMA BEACHWEAR by sending an email to the buyer ("order confirmation") to the address provided for identification during the purchase process, prior to the completion of the order. From that moment BELLISIMA BEACHWEAR will be authorized to collect the full price of the order.
On the other hand, BELLISIMA BEACHWEAR assumes no responsibility in case of error in the introduction of the email address or non-receipt of the confirmation email. If you detect an error in your order after the completion of the payment process, you must immediately contact BELLISIMA BEACHWEAR to correct the error.
Once the payment is confirmed by BELLISIMA BEACHWEAR, the order will be sent to the delivery address provided by the buyer. The buyer is responsible for the data provided correspond to reality and states that they enjoy total veracity, thereby exempting BELLISIMA BEACHWEAR of any liability to him and / or third parties. The timetables and delivery times of the products are given for information purposes only and may be subject to delays.
It is recalled that purchases are reserved for private customers. In accordance with the applicable regulations, BELLISIMA BEACHWEAR reserves the right to refuse or cancel for legitimate reasons any order where the number of products or the amount to be paid (for a single order or for several cumulative orders) or other elements clearly and demonstrably show that the buyer is not a consumer or show the development by the buyer of an economic activity related to the products ordered, or, more generally, any abnormal order in accordance with the case law applicable to the case.
The user accepts that invoices for product purchases will be issued electronically. You can request a paper copy by sending an email to firstname.lastname@example.org
BELLISIMA BEACHWEAR may have on the website of some products with a discount on the price, in the product sheet may be visible the duration of the offer.
If the product in question has a discount on the price, it will be applied at the time of purchase and the user will be aware of it.
ARTICLE 4 - PAYMENT
All orders must be paid in euros, including all taxes and compulsory duties.
BELLISIMA BEACHWEAR reserves the right to suspend or cancel the execution and/or delivery of an order, whatever its nature and degree of execution, in case of non-payment or partial payment of the amounts due by the purchaser, in case of incidences of payment or in case of fraud, consummated or attempted, related to the use of the BELLISIMA BEACHWEAR website, including fraud committed on the occasion of previous orders.
4.1 MEANS OF PAYMENT
The buyer guarantees to BELLISIMA BEACHWEAR, exempting from any responsibility, that he has all the necessary authorizations to use the method of payment that he has chosen for his order once he has registered it.
The methods of payment available on BELLISIMA BEACHWEAR are the following, which are in accordance with the conditions of the service.
- Bank cards: We use a secure payment gateway. Your data is encrypted using 128-bit SSL protocol and at no time will we receive any bank details of your credit card.
- Paypal: PayPal is an international leader in online payment solutions. Paypal is a totally secure service that allows buyers and sellers to trade without knowing each other's bank details.
- Bizum: Pay for your online purchases 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 TRANSACTIONS
BELLISIMA BEACHWEAR will make every effort to secure your data. Once sent to the appropriate gateway, the operability and security will be under the protection of the conditions of the chosen service.
As part of the fight against fraud on the Internet, the data relating to the order may be communicated to third parties authorized by law or designated by BELLISIMA BEACHWEAR, for the sole purpose of verifying the identity of the buyer, as well as the validity of the order, the payment method used and the planned delivery.
Once this control is completed, BELLISIMA BEACHWEAR reserves the right to require a photocopy of the buyer's identity card and / or any other data relating to the identity of the buyer.
ARTICLE 5 - DELIVERIES
Products ordered by the Buyer in accordance with these Terms and Conditions shall be delivered to the address that the Buyer has indicated as the delivery address for the relevant order.
For more information on countries or delivery times, please consult the following link: Shipping and Returns.
5.2 CHARACTERISTICS OF THE DELIVERY METHODS OF THE WEBSITE
The delivery methods listed below are not applicable to all products, it may therefore be the case that a certain delivery method is not available to the buyer in the context of his order. The buyer can view the delivery method before finalising his order.
(a) Picked up at the store
The buyer or the recipient of the order will receive the products through one of the six shops chosen at the time of purchase, described in Our Stores.
The delivery time starts from the day after the order is picked up 1 and 2 working days.
In the event that the package cannot be delivered to the shop within a set period of time, the package will be returned to BELLISIMA BEACHWEAR and the money refunded to the buyer, using the method of payment used to make the purchase, excluding the cost of return.
(b) Delivery by Tipsa
The buyer or the recipient of the order will receive the products via the transport company Tipsa and will be offered to sign an electronic acknowledgement of receipt. The aforementioned electronic acknowledgement of receipt will serve as proof of delivery of the order by BELLISIMA BEACHWEAR.
The delivery time starts from the day following the collection of the order by Tipsa and is between 2 and 4 working days from Monday to Friday.
In the event that Tipsa is unable to deliver the package within an established period of time, the package will be returned to BELLISIMA BEACHWEAR and the money refunded to the buyer, using the payment method used to make the purchase, excluding the cost of return.
No claim relating to the delivery will be accepted when the package appears as delivered, for which purpose the carrier's computer system will be reliable.
5.3 ANOMALIES, DAMAGE, DAMAGED PARCELS
The recipient of the order is advised to check the external condition of the package and the products upon delivery. In the event of any anomaly relating to the package or concerning the product(s) ordered, the purchaser or the addressee must follow the appropriate procedure described below in these Terms and Conditions. Failure to follow the appropriate procedure will exclude the possibility of recourse against the carrier and against BELLISIMA BEACHWEAR. In particular, the buyer will not be able to demand any refund or replacement of the products ordered.
Likewise, the buyer or the recipient will have the possibility to contact BELLISIMA BEACHWEAR to know the modalities for the return of the damaged product(s). In this case, the purchaser will be obliged to follow the procedure for the return of damaged products that would have been indicated to the customer. Otherwise, the customer will not be able to demand reimbursement or replacement of the product(s) concerned.
5.3.2 Obligatory procedures in the event of a damaged package
In the event of an incident detected in the presence of the carrier:
- Refuse delivery and state the incident clearly and in detail.
- Indicate the reason for the refusal of delivery to BELLISIMA BEACHWEAR.
In case of incidents observed without the presence of the carrier:
- Communicate the anomaly to BELLISIMA BEACHWEAR, by sending an email to email@example.com or via WhatsApp +34 662 93 41 76 (Monday to Friday from 09:00 to 15:00 Canary Islands time).
- The notification of incidents and the formulation of complaints must be made as soon as possible and, in any case, within 7 calendar days.
5.3.3 Obligatory procedures in the event of missing or damaged products
The buyer or the recipient must communicate the absence or degradation of the product to BELLISIMA BEACHWEAR, by sending an email to firstname.lastname@example.org or via WhatsApp +34 662 93 41 76 (Monday to Friday from 09:00 to 15:00 Canary Islands time). BELLISIMA BEACHWEAR may request any information concerning the identity of the buyer or recipient of the order and proceed to the verifications that were necessary for the case. BELLISIMA BEACHWEAR recommends the purchaser to check that he has received the totality of his order at the time of its delivery. In case of anomaly, he will have to refuse the delivery and to indicate it to the deliveryman.
5.4 DELIVERY TIMES
Delivery times can be consulted in the "Shipping and Returns" section of the website.
Although most deliveries are made within the stated delivery time, occasionally, delays in delivery may occur. The buyer can contact BELLISIMA BEACHWEAR via email at email@example.com and we will provide as many details as possible regarding your shipment. Occasionally, and given the particular weather conditions of the Canary Islands, which will always require air and sea transport in addition to land transport, the delivery of your order may be delayed due to rainstorms, wind or bad sea conditions.
ARTICLE 6 - REFUNDS
BELLISIMA BEACHWEAR will accept the return of items when, for reasons attributable to it, the product ordered does not correspond to the one requested by the customer.
If you have received an order and are not satisfied with any of the items, you may request a refund, provided that you comply with the conditions detailed in the Returns Policy, available for consultation at bellisimabeachwear.com.
In the event of any controversy or conflict that may arise from the fulfilment of these Terms and Conditions, the same shall be will be resolved before the Courts and Tribunals of the user's domicile.
Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain). For further 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 member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If they relate to electronic transactions with consumers, or to data protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, which is accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or 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.
6.2 STEPS TO FOLLOW IN CASE OF RETURN
Request the return via email to firstname.lastname@example.org within 14 calendar days from the date on which the order was received. Please indicate in the email the order number and the reason for returning the item. Once we receive your return request, we will contact you to let you know the steps to follow.
We recommend using a carrier that can provide tracking information or proof of shipment, as we are not responsible for packages lost by carriers other than ourselves.
Once we receive the return in our warehouse we will proceed to verify the condition of the product, the items must be in perfect condition and in their original packaging, if there are no anomalies, the return will be approved, you will receive an email confirming the credit and the refund will be made in the same method of payment within 14 calendar days of the return, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the refund. The refund may be withheld until the goods are received.
6.3 WITHDRAWAL FORM
(only to be completed and sent if you wish to withdraw from the purchase)
To the attention of BELLISIMA BEACHWEAR, S.L.U., with address at Calle Puntarenas 6, Ground Floor, Door 3, 35109 El Tablero, Las Palmas and e-mail address email@example.com.
I/we hereby inform you (*) that I/we hereby withdraw from our (*) contract for the sale of the following goods/provision of the following service (*):
- Ordered on/received on (*):
- Name(s) of the consumer and user(s):
- Address of the consumer and user(s) and user(s):
- Signature of the consumer and user(s) and user(s) (only if this form is submitted on paper):
(*) Delete as appropriate.
Include proof of identity.
If the withdrawal is submitted on paper, it must be duly signed by the contracting person. In order to comply with the deadline, it is sufficient for the notification to be sent before the deadline expires. In case of withdrawal by the contracting person, BELLISIMA BEACHWEAR will refund all payments received, excluding transport, without undue delay. Such reimbursement will be made using the same means of payment used for the initial transaction, unless otherwise expressly agreed; in any case, it will not incur any costs as a result of the reimbursement. BELLISIMA BEACHWEAR may withhold the refund until it has received the products or until proof of return of the products is provided.
The contracting person must return or deliver the products directly to BELLISIMA BEACHWEAR at: BELLISIMA BEACHWEAR, Calle Puntarenas 6, Ground Floor, Door 3, 35109 El Tablero, Las Palmas, without undue delay and, in any case, no later than fourteen calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the deadline has expired.
The contracting person must bear the direct cost of returning the products, either by their own means or by requesting a quote from BELLISIMA BEACHWEAR. The contracting person is responsible for the diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products.
ARTICLE 7 - GUARANTEES
7.1. LEGAL GUARANTEES
All products for sale on bellisimabeachwear.com are covered by the legal guarantee in accordance with the applicable regulations, which allows the purchaser to return defective or non-conforming products delivered to them free of charge.
In accordance with the applicable regulations, BELLISIMA BEACHWEAR is obliged to deliver products that are in conformity with the contract, being liable for any lack of conformity that exists at the time of delivery of the product.
To be in conformity with the contract, the good must:
- Be suitable for the uses to which products of the same type are ordinarily put;
- Conform to the description given by the seller and possess the qualities of the product as presented by the seller;
- Be of a quality that the buyer can reasonably expect, taking into account the seller's public declarations; Be of a quality that the buyer can reasonably expect, taking into account the seller's public declarations;
- It must have the characteristics defined by mutual agreement between the parties or be suitable for any specific use intended by the buyer, made known to the seller and accepted by the seller.
The action resulting from defects of conformity is time-barred after two years from the delivery of the goods.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
7.1.1 Exclusion of warranties
Products that have been modified, repaired, integrated or added by the purchaser are excluded from the guarantee. Nor does the guarantee cover any damage caused as a result of misuse.
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.
Keep the purchase invoice and/or the delivery note of the order. The legal guarantee of conformity applies irrespective of any other agreed commercial guarantee.
For any claim relating to the legal guarantees, the purchaser must contact BELLISIMA BEACHWEAR by the means indicated in the "Contact" section of the website.
ARTICLE 8 - RETENTION OF TITLE
BELLISIMA BEACHWEAR retains full and complete ownership of the products sold until full collection of the price of the products is verified.
ARTICLE 9 - INTELLECTUAL PROPERTY
The brand BELLISIMA BEACHWEAR, as well as all brands, figurative or not, and any illustrations, images and logos and any content present on the website are the exclusive property of BELLISIMA BEACHWEAR or the holder of the corresponding intellectual property rights.
Reproduction, in whole or in part, modification or use of such trademarks, illustrations, images and logos or any other content, for any reason and on any media, without the express prior written consent of BELLISIMA BEACHWEAR or the owner of the corresponding intellectual property rights. The above provision shall also apply to copyrights, designs and models, and patents present in bellisimabeachwear.com.
Our website may include links to other websites. BELLISIMA BEACHWEAR cannot control such external websites and sources, and therefore assumes no responsibility for the external websites and sources made available to users, nor for the content, advertising, products, services or other information or data available on them.
ARTICLE 10 - LIABILITY
It is the responsibility of the visitor to use the computer and telecommunication means that enable him to access bellisimabeachwear.com. The visitor uses the website at his own risk. BELLISIMA BEACHWEAR assumes no responsibility for any damage that visitors or users may suffer as a result of such use.
10.2 LEGAL CAPACITY
Prior to placing the order, the buyer declares to have full legal capacity. Therefore, in the event that a person who does not have legal capacity to place an order for items on the website BELLISIMA BEACHWEAR, the legal responsibility of that person will assume full responsibility for the order and must pay the price of the order.
10.3 LIMITATION OF LIABILITY
The liability of BELLISIMA BEACHWEAR for the obligations set out in these Terms and Conditions cannot be claimed when the breach of these obligations is attributable to the actions of third parties.
The website contains information from third parties and links to other Internet websites. BELLISIMA BEACHWEAR does not control the accuracy or content of such information. Therefore, BELLISIMA BEACHWEAR does not assume, in any case, any responsibility for damages that may result from the use of such information from third parties or contents of other websites, access to them or the impossibility to use them.