THE COMPANY BABY PHOTO PROPS EUROPE, S.L. TAX IDENTIFICATION CODE B90487901, REGISTERED IN THE MERCANTIL REGISTRY OF SEVILLE, TOMO 6889, FOLIO 191, REGISTRATION 1, WITH SHEET SE-126271. WITH ADDRESS IN CALLE TORREBLANCA UNO, NAVE D, 41500, ALCALÁ DE GUADAÍRA, SEVILLE, SPAIN, AND EMAIL ADDRESS [email protected]
, HENCEFORTH THE SELLER. ANY PURCHASE OF A PRODUCT PRESENT IN THE ONLINE STORE OF THE WEB WWW.BABYPHOTOPROPS.EU REQUIRES THE CONSULTATION AND ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE. THE PURCHASE FROM THIS WEB AND THE FACT OF PLACING ANY ORDER ASSUME THAT YOU HAVE READ AND ACCEPTED THE PRESENT SALES CONDITIONS. ACCEPTANCE HAS THE DIGITAL SIGNATURE VALUE.
These general conditions of sale are intended to define the rights and obligations of both parties within the framework of the online sale of the products proposed by THE SELLER to the consumer.
When the buyer place an order, they will receive an email in the account they has used to register on THE SELLER's website, which will include a complete summary of it.
CONFIRMATION AND PROOF OF PAYMENT
The records stored in the systems of the company of THE SELLER, in adequate security conditions, are considered as proof of communications, orders and payments between both parties. The storage of purchase orders and invoices, made in a reliable and durable way, can be considered as proof of purchase.
All necessary efforts have been made for the accuracy of the information present on the website of THE SELLER, www.babyphotoprops.eu; however, THE SELLER is not responsible for the consequences, incidents or damages resulting from the electronic transmission or for the accuracy of the information transmitted, even in the event that THE SELLER is aware of the possibility of such damages. The names and brands of products and manufacturers are used solely for identification purposes. No photo, description or price is contractual.
VALIDITY PERIOD OF OFFERS AND PRICES
Special offers, promotions or discounts will be valid until the date indicated or until the end of the indicated stock. As well as the prices indicated when consulting the website.
TRANSPORTATION COSTS AND DELIVERY TIMES
The products will be delivered to the delivery address indicated by the buyer in the order and only to the geographical destinations specifically described in the SHIPPING
section. All products are shipped in perfect condition; If, upon receiving a package, the buyer notices or observes any type of damage to the packaging, they must indicate it to the deliveryman for it to registered before finishing the delivery. In case of receiving a product damaged
during transport, a claim process will be initiated within 24 hours after receiving the parcel and a new unit will be issued free of charge. The change of a damaged product declared after this period and damaged during it transport will not be accepted without having been notified to the carrier.
Any shipment may be delayed or lost, for reasons beyond the THE SELLER. In this case, the transport company will be contacted to begin an investigation about the incident. All the necessary efforts will be applied, during all the required time, to find the package. In case it is not located, a new package would be issued at no cost to the buyer.
Baby Photo Props declines any responsibility for the delay in the delivery times caused by the management of the transport company, especially in the case of package losses, for meteorological reasons or for reasons beyond the company (such as strikes or external incidents).
DELIVERY PROBLEM BY THE LOGISTICS COMPANY
The buyer must notify THE SELLER, within a period maximum of 24 hours from the receipt of the parcel, any type of incident, interpellation or claim due to a possible delivery error or the non-conformity of the goods in kind or in quality received. Once this period expires, any claim will be denied. The presentation of this claim before THE SELLER may be submitted by email or addressed to the corresponding postal address. Without this interpellation, no claim will be accepted.
The buyer must notify THE SELLER the same day of delivery, or within 24 hours, any type of claim due to an error of delivery or non-conformity of goods in kind or quality with respect to the specifications of the order placed. Once this period is over, any claim submitted will be rejected. The presentation of this claim before THE SELLER may be submitted by email or addressed to the corresponding postal address. Without this interpellation, no claim will be accepted. No claim submitted after that period, even made in form and time, and THE SELLER will not be liable in respect to consumers.
In case of error in the delivery or of a possible exchange, any product for exchange or refund must be returned to THE SELLER with all the elements of the order and in its original packaging, in perfect conditions, to the SELLER'S ADDRESS. The return shipping costs will be borne by THE SELLER, unless it is shown that the product corresponds to the original declaration made by THE SELLER.
The return period established by law is 14 days from the date of receipt of the order. During this period, the consumer may return, without penalty, any purchased product that does not suit them, according to the return specifications established by THE SELLER. In this case, the customer will receive a refund of the amount paid for the items. It is understood that the items returned, always at the expense of the customer, must be in good condition, as delivered by THE SELLER. The price of the products purchased will be taken into account, with the reservation that the products are returned complete in their original packaging and in the same state of origin.
To proceed with the return of materials, the buyer must contact THE SELLER, by email, to obtain a return number. Any package received without a return number (DMA - Authorized Material Return) will be rejected. In the absence of this agreement, THE SELLER will refuse the receipt of any product with incomplete return or without DMA number. In any case, the expenses and risks of returns are borne by the customer.
Returns will be made to the SELLER'S ADDRESS. The return of the following products will not be, at an case, accepted:
- Studio backgrounds (except for express backgrounds).
- Production-under request products: like studio backgrounds, vintage cars...
- Products purchased in the Damaged articles or Clearance sales categories.
- Products that, in their description, specify that they cannot be returned.
- Nor can the products that make up the packs be returned separately; in this case, the complete pack must be returned.
- Items returned incomplete, damaged, or dirty by the customer.
Once the package has been received, the materials will be reviewed and verified and subsequently refunded for the corresponding amount through the same payment method used to pay the order.
PRODUCTS WITH DAMAGES, IMPERFECTIONS OR MISTAKES
If received any product that presents any type of damage or imperfection or error, the buyer must notify THE SELLER within a maximum period of 24 hours after receipt of the shipment. Since in case of damage a claim must be submitted to the insurance of the shipping company and the period for this is 24 hours, in case the notice is made after this limit THE SELLER cannot accept the claim for damages to materials.
CAUSES OF FORCE MAJEURE
Neither party shall be liable for total or partial non-compliance or for the delay in the fulfillment of its obligations, in accordance with this contract, caused by external causes or beyond its control (causes of force majeure). It is considered that the causes of force majeure should include, without limitation: wars, riots, insurrections, severe alterations in internet security, technical failures, unauthorized access or intrusions on the servers of the website, strikes of all nature and telephone or computer failures. If either party mentions a case of force majeure, it must notify the other party within a maximum period of ten business days, about the event or the imminent event of said case.
The parties agree to keep in communication in a timely manner, to jointly determine the terms and conditions to fill an order, if a case of force majeure occurs. After a period of one (1) month of interruption of the relationship due to a case of force majeure, THE SELLER may unilaterally take the decision to cancel the possible orders, in which case the corresponding amount will be refunded to the buyer.
If one or more provisions of these general Terms of Sale is considered or declared invalid according to the legislation, regulation or after an unappealable ruling issued by a court with jurisdiction, the other provisions will retain their absolute scope and validity.
If a party does not indicate that it cannot fulfill one or more of the obligations listed in these general Terms of Sale, it will be obliged to comply with those obligations.
These general Terms of Sale will be governed in accordance with Spanish legislation, which will be applicable in what is not specifically provided in this contract regarding interpretation, validity and execution. In case of controversy, disagreement or claim, the consumer will always go first to THE SELLER to find a friendly solution for any incident.
CONFIDENTIALITY AND DATA PROTECTION
In compliance with the provisions of Organic Law 15/1999 of December 13, on the Protection of Personal Data, personal data provided by the Buyer will be part of the client file of THE SELLER, whose purposes are the maintenance of the contractual relationship, control and management of sales and their corresponding charges. THE SELLER will treat such data with the utmost confidentiality and undertakes not to use them for a purpose other than that for which they have been collected, as well as to keep them with the appropriate measures that guarantee their safety and prevent their alteration, loss, treatment or not-allowed access. THE SELLER undertakes to keep professional secrecy regarding the aforementioned personal data, even after the end of the contractual relationship. The Buyer authorizes THE SELLER to keep their data for a period of five years once the contractual provision has been fulfilled. The Buyer has the possibility to exercise the rights of access, rectification, cancellation and opposition by sending a written communication to the attention of THE SELLER or through the website, in the section 'Your Account'.
REGULATIONS OF LITIGATIONS
Any order placed through the SELLER online store is with the agreement of the customer, without limitation and in accordance with the general Terms of Sale of THE SELLER. These general Terms of Sale online are subject to the current Spanish law. In case of dispute, the jurisdiction will be assigned to the competent courts of the headquarters of THE SELLER despite the plurality of the defendants or call in guarantee