BISOUS DE MER TEXTIL, SL, a Spanish company authorised to retail all types of swimwear and related accessories, with registered office in Barcelona, Paseo Reina Elisenda de Montcada nº 26- P. 1, PTA. 2B, CP 08034, and NIF nº B-67.466.011, informs all purchasers of the following conditions of purchase:
Seller: BISOUS DE MER TEXTIL, SL, whose identification details have been indicated in the previous paragraph. Client: Any natural person, of legal age, who wishes to purchase articles offered by the VENDOR through this website. Product: Clothing, swimwear and accessories.
2. Object and scope of application
3. Identification of the contracting parties
On the one hand, THE SELLER, whose details are those appearing in the heading and, on the other hand, THE CUSTOMER, whose details have been entered by him/her, and therefore the responsibility for the authenticity of the same corresponds directly and exclusively to him/her.
4. Obligations relating to the purchase procedure
The CLIENT is solely responsible for the veracity of the data entered by him/her in the purchase procedure, and accepts the obligation to provide truthful, accurate and complete data. If the CLIENT fails to comply with this obligation, he/she shall be liable for any damages caused to the seller or any third party involved.
5. Terms and conditions of service
The commercial conditions of this service and any offers that may be made by the SELLER will always appear on this website and may therefore be consulted, archived or printed. The SELLER reserves the right to modify these General Terms and Conditions of Contract at any time, as well as any other document displayed on the website, without prior notice. All amendments to these terms of sale will be published online and the CUSTOMER will only be subject to the version of the terms of sale that he/she accepted at the time of purchasing the product. The Seller may ask the CUSTOMER to accept additional and complementary clauses to these General Terms and Conditions, which must also be read and accepted for the efficient provision of the service or supply of products. In the event of contradiction or conflict of any of the precepts or conditions accepted by the CUSTOMER, the specific conditions will prevail over the general conditions.
THE VENDOR shall not be liable for any delays or faults that may occur in the access, functioning and operability of the Website, or in its services and/or contents, nor for any interruptions, suspensions or malfunctioning of the same, when these are due to breakdowns caused by natural catastrophes or situations of force majeure or extreme urgency, such as strikes, attacks or computer intrusions or any other situation of force majeure or fortuitous cause, as well as errors in the telematic data transfer networks and in any case when the error has been produced by a third party outside the business organisation of THE VENDOR THE VENDOR accepts responsibility for the reliability, truthfulness and accuracy of the contents, data or information regarding the products offered on its website, unless these have been modified by third parties, whether or not outside the organisation, without the express authorisation of the company. In the event of any typographical error occurring at any time, beyond the control of the VENDOR, it will be corrected immediately. If there is an error of this type in any of the prices shown and a customer has made a purchase decision based on this error, we will inform the customer of this error and the customer will have the right to cancel the purchase without any cost on their part.
The sending of an automatic purchase confirmation does not validate the wrong price conditions. Similarly, it is possible that the contents of the website may sometimes show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on his part. The images published correspond to the products offered, however it must be taken into account that the colours depend on the calibration of the colour on the User’s screen; for this reason the colours are indicative, being binding only the description of the product given.
7. Conclusion of the contract
The validity of contracts concluded by telematic means is covered by Article 23, paragraphs 1 and 3, of Law 34/2002 on Information Society Services and Electronic Commerce and shall have the same validity and produce all the effects of Civil and Commercial Law. The Contract is perfected from the moment in which the CLIENT expresses its conformity, for this reason we ask you to carefully follow all the purchase procedures.
8. Purchase procedure
The procedure for contracting the service is carried out electronically through this website. The steps to carry out the purchase are as follows:
8.1. Product selection
You only need to click on the product to obtain its detailed file, which shows the photo, description of the product, composition, sizes, price and any possible promotions, offers or gifts that may be included with it. If you want the product in question to be added to the “Shopping Cart”, simply click on the “Add to Cart” icon. You can continue selecting products to be added to the shopping cart or click on “View shopping cart” and the page will appear showing all the products selected so far. If you wish to remove them, click on the “Delete” option. You will also have the option to continue shopping by clicking on “Continue shopping”, or proceed to the contracting phase itself, if you click on “Continue Order”.
8.2. Formalising the order
Secondly, once you have clicked on the “Finalise Order” button, you will be taken to the ‘Checkout’ page, where you have two options: 1. If you are already registered, you must enter a user name and password. 2. If you are a new customer you can checkout as a guest. You will be asked for the following personal details:
- a. Name and surname
- b. Address
- c. Postcode
- d. Province
- e. Town
- f. Country
- g. Telephone
- h. Email
You can also choose a different delivery address and you will be asked for the details relating to the delivery. The customer will also have a section to enter comments or notes about the order.
8.3. Checkout summary
On the same page of ‘Checkout’ the following information is displayed:
- a. Selected products and their price
- b. Shipping method and costs
- c. Total price of the order
- c. Choice of payment system
At this stage, it is strictly obligatory to read and expressly accept these general terms and conditions of contract. In this case, it will be necessary to select the box provided for this purpose in order to access the actual Contracting Process.
8.4. Choice of delivery
The product will be delivered by any of the following methods:
- Express Delivery
- Standard Delivery
- Shipments to Canary Islands, Balearic Islands and Andorra
- Shipments to European Union (EU)
All shipments to the Canary Islands, Balearic Islands, Andorra and EU countries will be sent by private courier. In the event that customs retains the package, the recipient will have to pay the handling fees. This condition is accepted with the completion of the purchase. In cases where the item has arrived at its destination and the customer refuses to pay customs and handling fees, this amount will be deducted from the return of the product and added to the amount of the return. UNDER NO CIRCUMSTANCES WILL BISOUS DE MER TEXTIL, SL, BE RESPONSIBLE FOR THE PAYMENT OF CUSTOMS CLEARANCE OR THE TAXES DERIVED FROM THE SAME. The shipping costs will be defined during the purchase process depending on the product, the buyer’s address and other variables that may influence the final cost of the same.
8.5. Method of payment
The CUSTOMER may pay by credit card or bank transfer. All products will be subject to the taxes applicable to them for tax purposes. In payments made by credit card, the Client’s bank details are managed and entered directly through the Stripe virtual payment platform, which meets all the security conditions required by Spanish regulations. The seller at no time accesses or records the data relating to your credit card. If the customer wishes to pay by bank transfer, the system will send in the order confirmation email the instructions and the bank account number to which the transfer should be made. The order will be sent when the bank transfer has been received.
8.6. Confirmation via email
Once the ‘Place order’ button has been clicked, the contracting procedure is completed. The Customer will automatically receive an email to the address provided which will show all the information relating to your purchase. Specifically, an e-mail will be sent containing the following information:
- a. Order number
- b. Order Date
- c. Comments made on the order
- d. Product chosen
- e. Method of delivery and payment
- f. Discounts or promotions (if applicable)
- g. Total
- h. Delivery Address
- i. Billing Address
The order confirmation e-mail will be sent within a maximum period of 24 hours, in accordance with the Law. However, as this is a technical and automatic element, errors may occur that are beyond the control of the person responsible for the website, so please inform the company if you do not receive this email. The e-mail with the specific details of the order will be sent within 3 calendar days of the order confirmation.
9. Exchanges and returns
You have 14 calendar days for any exchange or return from the time you receive the garment at your home (this date will be the one stated on the delivery note). Check all the information about exchanges and returns in the following link:
10. Validity of the purchase procedure as proof of acceptance and perfection of the contract
Both parties expressly declare that the acceptance of the SELLER’S service offer by the CUSTOMER is carried out by following the purchase procedure described in section 8, PURCHASE PROCEDURE.
The fact of following telematically all the steps described in point 8 for the purchase process of the products and complements by the CUSTOMER, implies full and express acceptance of these general contracting conditions, understood as sufficient to enter into the contract.
The contract will be perfected from the date on which the CUSTOMER expresses his/her conformity with the contracting conditions published at the time of making the purchase, and must expressly select the acceptance of the same.
11. Partial nullity
Should any part of these conditions of service be contrary to law and therefore invalid, this shall not affect the other provisions that comply with the law. The parties undertake to renegotiate those parts of the terms of service that are invalid and to incorporate them into the remaining terms of service.
12. Applicable law and jurisdiction
THE SELLER and THE CUSTOMER agree that in the event of any doubt or discrepancy that may arise with regard to the interpretation and fulfilment of these conditions of purchase, they shall submit to the Courts and Tribunals of VIGO, expressly waiving any other jurisdiction that may correspond to them.