Terms and Conditions
www.bilboteam.com
1. GENERAL INFORMATION
The ownership of this website www.bilboteam.com, (hereinafter Website) is held by: JEALSE BT SPORT S.L., provided with NIF: B70943337 and registered in: Commercial Register of Bizkaia; and whose registration details are: Volume 6262, Folio 27, Page BI-82694 and whose contact details are:
Address: Spain
Contact email: info@bilboteam.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.bilboteam.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Bilbo Team through the Website includes:
ONLINE MARKETING OF SPORTS CONSULTING
RETAIL SALE OF CLOTHING AND OTHER CUSTOMIZED “POD” (PRINT ON DEMAND) PRODUCTS.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Bilbo Team. By using this Web Site or by making and/or requesting the purchase of a product and/or service through this Web Site, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Web Site.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Web Site, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Use this Web Site only to make legally valid consultations and contracts.
Do not make any false or fraudulent contracting. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The User will be able to formalize, at his choice, with Bilbo Team the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.
3. CONTRACTING PROCESS
In accordance with article 27 of the “Law 34/2002, of Services of the Information Society and Electronic Commerce” (hereinafter, LSSICE), the contracting procedure will follow the following steps:
3.1. Products offered
The main characteristics of each product are described in their corresponding data sheets or sections (characteristics, price, offers, discounts, etc.).
The description of the products offered on the website is based on the information provided by Bilbo Team’s suppliers.
3.2. Price and term of validity of the offer.
The prices applicable to each product are those published on the website, are expressed in euros and include Value Added Tax (VAT) or other taxes that may be applicable. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
The prices of the products, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional service and annex to the product purchased.
Prices may change daily, at any time, such changes will not affect orders previously confirmed by Bilbo Team to the User(s).
3.3. Formalization of orders
Orders may only be placed by individuals who register on the website, who will have the status of consumer/user for the purposes of the applicable regulations.
Bilbo Team will not accept orders placed by companies, associations, independent contractors or any other type of legal entity, who must contact Bilbo Team through the commercial channels established for legal entities.
In order to purchase on the website you must:
– Provide your name and address, telephone number, e-mail address, payment details and other required information.
– Be at least 18 years old
– Register and create a Customer account through the website.
For the purpose of registration, the Customer shall provide an e-mail address and enter a password, undertaking to make diligent use of them and not to make them available to third parties, as he/she is personally liable for each purchase made with his/her user ID and password. Bilbo Team undertakes to treat the data confidentially, in accordance with the Privacy Policy and the Cookies Policy of this website.
Before placing the order and proceeding to payment, the User can check all the details of the order: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase.
After receiving the order, Bilbo Team will send an order confirmation to the User by e-mail, with the details of the purchase made. The conclusion of the contract shall take place at the moment the Customer receives such confirmation.
The order confirmation email and the attached invoice constitute the user’s proof of purchase, Bilbo Team will proceed to file it in accordance with the requirements of Article 27 of the LSSICE.
The user can check the status of his order and the order history, through his personal space of connection to the Website, by logging in with his access data. For any additional information about the order, the user can contact Bilbo Team Customer Service at the following email address: info@bilboteam.com.
The user is responsible for the accuracy and veracity of the information provided to Bilbo Team.
The User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Bilbo Team using the contact spaces on the Website or through the contact details provided above.
The communications, purchase orders and payments involved during the transactions carried out on the Website could be filed and kept in Bilbo Team’s computerized records in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the laws and regulations in force in this respect that are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Bilbo Team through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Bilbo Team undertakes to contact the User and reimburse any amount that may have been paid. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PAYMENTS
The accepted means of payment will be: Credit or debit card
Likewise, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by Bilbo Team and/or JEALSE BT SPORT S.L.
Bilbo Team uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verification and authorization by the issuing bank. If the issuing bank does not authorize the payment, Bilbo Team will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Bilbo Team receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being rendered in the manner and, if applicable, place established.
If the means of payment is a gift card or credit card, the charge will be made at the moment Bilbo Team sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on “BUY” the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.
6. DELIVERY
In those cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, Bilbo Team is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Bilbo Team to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Bilbo Team, it will be understood that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Bilbo Team receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Bilbo Team.
In accordance with the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Bilbo Team through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on “BUY”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:
Right of Withdrawal
Although according to the law of electronic commerce, the User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to cancel the purchase within 14 calendar days without justification.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 16(c) and (e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, including but not limited to: personalized products; products likely to deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as sealed at the factory; products which for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical support.
Thus, Bilbo Team reserves the right to refuse withdrawal at its sole discretion, on the following products offered on the Website:
Sports counseling videos
Personalized merchandising products offered in the store section and produced under print on demand
The same applies to the provision of a service that the User may contract on this Web Site, since this same Law establishes that the right of withdrawal will not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by Bilbo Team, he will have lost his right of withdrawal.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Bilbo Team immediately and let them know of the existing non-conformity (defect/error) using the contact details provided at the beginning of these commercial conditions.
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the product.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Website, in the terms legally established for each type of product, Bilbo Team, therefore, responding for the lack of conformity of these that is manifested within three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Bilbo Team and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. To do so, the User must have retained all information relating to the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Bilbo Team accepts no liability for the following losses, regardless of their origin:
any losses that were not attributable to any breach on its part;
business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Likewise, Bilbo Team also limits its liability in the following cases:
Bilbo Team applies all measures concerning to provide a faithful visualization of the product on the Web Site, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Bilbo Team will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. Bilbo Team puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however, is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
Bilbo Team will not be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Bilbo Team will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
In general, Bilbo Team shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or authority.
In this way, the obligations will be suspended during the period in which the force majeure cause continues, and Bilbo Team will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. Bilbo Team will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User agrees that most communications with Bilbo Team will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Bilbo Team sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Bilbo Team through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Bilbo Team may contact and/or notify the User by e-mail or at the postal address provided.
11. WAIVER
No waiver by Bilbo Team of any specific legal right or action or Bilbo Team’s failure to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or action arising from a contract or the Conditions, nor shall it exonerate the User from the performance of its obligations.
No waiver by Bilbo Team of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions is declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. COMPLETE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Bilbo Team in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made verbally or in writing by the same parties.
The User and Bilbo Team acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Bilbo Team in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site, the User consents to the processing of such information and data and declares that all information or data provided are truthful.
15. COMPLAINTS AND CLAIMS
The User may send Bilbo Team his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Bilbo Team has official complaint forms available to consumers and users, which they can request from Bilbo Team at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).
15.1. ONLINE DISPUTE RESOLUTION (ODDR)
In accordance with art. 14.1 of the “Regulation (EU) 524/2013 on online dispute resolution in consumer matters”, we inform you that the European Commission provides a free access platform for online dispute resolution, through the intervention of a third party, called “Online Dispute Resolution Body” (hereinafter ODR) and which acts as an intermediary between the parties in conflict. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Bilbo Team provides the Client with the access link to the ODR:http://ec.europa.eu/consumers/odr/ platform.
In case of making a claim by this means, the customer must send us a copy of the covered form to info@bilboteam.com.
16. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through this Web Site shall be governed by Spanish law.
Bilbo Team and the User agree to submit any controversy that may arise from the provision of services under this contract to the jurisdiction of the Courts and Tribunals of the Client’s domicile; if the Client is domiciled outside Spain, Bilbo Team and the Client expressly waive any other forum, submitting themselves expressly to the Courts and Tribunals of Bilbao, Spain.
MODEL WITHDRAWAL FORM
(This document or letter should only be completed and sent if you wish to withdraw from the contract).
Subject:
Withdrawal of the contract
At: …………………………….., a…………./……………/………….
To the attention of:
CIF/NIF:
Address:
Tel.
E-mail:
Owner of the following e-commerce website:
I/We hereby inform you of my/our willingness to DISCONTINUE our contract for the sale of the following goods and/or provision of the following services:
Type of product(s) and/or service(s) and description of the product(s) and/or service(s) (include, if applicable, the reference number):
NO.
from
No:
Date on which the order was placed or subscribed:
Date of receipt of the order:
Name and identity document (DNI/NIE/Passport) of the consumer(s) and user(s) (copy attached):
Address of the consumer(s) and user(s):
Telephone of the consumer(s) and user(s):
E-mail address of consumer(s) and user(s):
Name and address of the recipient of the shipment
(
only if the address is different from the address of the consumer(s) and user(s)
)
:
………………………………………………..
Signature of consumer(s) and user(s)
(
Only if the form is submitted on paper
)