SCOPE OF APPLICATION
These General Conditions of Sale constitute the Contract signed between Mónica Aurell Gavalda, (hereinafter, BAYMO) owner of the website www.baymo.com (the “Web Page”) and of the BAYMO trademark and with NIF 47969892B; and the Buyer, when the latter acquires a Product offered on the Website, without prejudice to the particular conditions that may be detailed in the sale offer.
The Products offered by BAYMO on the Website are intended solely for sale to final consumers, their resale being prohibited, therefore the Buyer claims to be a consumer and not a distributor and to have the minimum legal capacity to sign this Agreement.
BAYMO reserves the right to unilaterally modify these General Conditions of Sale, without prejudice to the fact that those existing at the time of confirmation will be applicable to each order.
For notification purposes, the Buyer may contact BAYMO by sending an email to the address email@example.com, by calling the telephone number +34 679 113 181 or by postal mail at C/Vergós 55 Bis Bajos 08017 Barcelona, Spain.
The Buyer may place orders for the Products offered by following the online purchase process indicated on the Website and it will be formalized at the time payment is authorized.
Once the purchase process is completed, you will receive an email to the address indicated by the Buyer acknowledging receipt of the order, which will constitute the Order Confirmation and a new email at the time the order is being sent.
Likewise, BAYMO reserves the right not to accept any order for any reason it deems appropriate, as well as to cancel any order in the event that the requested Product is not available, the billing information is incorrect or unverifiable, the Buyer is a distributor or does not have the legal capacity to sign the sales contract or in the event that for some reason beyond the control of BAYMO the sale, shipment or delivery of the Product cannot be carried out. In the aforementioned cases of cancellation, BAYMO's responsibility will be limited to the reimbursement of the amount received for the canceled contract, without being responsible for any other damage that may be claimed due to the cancellation.
The price of the Products will be the one that appears in the sale offer of the same and will include the Value Added Tax (VAT). Shipping costs will be added to the total amount and will vary depending on the place of delivery of the Products.
BAYMO reserves the right to modify the price of its Products at its discretion, without in any case being able to modify the price of an order already confirmed by BAYMO.
The Buyer must proceed to pay the order at the end of the purchase process on the Website through the means of payment enabled for this purpose and it is an essential condition for the formalization of the sale. You can use Visa, Mastercard, Maestro, PayPal, Apple Pay and Google Pay cards as a means of payment. Deferred payment procedures such as cash on delivery or bank transfer will not be accepted.
The Buyer must notify BAYMO of any undue or fraudulent charge on the card used for purchases in the shortest possible time so that BAYMO can take the appropriate steps.
SHIPPING AND DELIVERIES
The delivery times of the order and the shipping costs thereof will depend on the destination address provided for this purpose.
Orders will be made effective from Monday to Friday on the same day as long as they are placed before 2:00 p.m. (Orders received after 2:00 p.m. will be shipped the next day). On Saturdays, Sundays and holidays, there will be no delivery or delivery of orders.
The Buyer can consult the different shipping costs and delivery times of the products depending on the selected destination address at the following link: shipment.
The terms indicated in the Shipping Policy are indicative, without prejudice to the fact that BAYMO undertakes to make all necessary and possible efforts to comply with them, without exceeding in any case the delivery of any order within 30 days, to unless there is force majeure.
TRANSMISSION OF OWNERSHIP AND RISK
The Buyer will acquire ownership of the Products at the moment in which BAYMO has received full payment for them, including shipping costs.
The risks of the products will be borne by the Buyer at the time they have been delivered to him or to a third party designated for that purpose by the Buyer.
RIGHT OF WITHDRAWAL
The Buyer, as a consumer or user, shall have the right to withdraw from this Contract without the need to allege any cause within a period of 14 calendar days from receipt of the Order by the Buyer or by a third party indicated by the Buyer.
To proceed with the exercise of the right of withdrawal, the Buyer must notify BAYMO before the expiration of the term indicating his intention to withdraw from the Contract by sending an email to firstname.lastname@example.org, in which the order number and the will to exercise the right of withdrawal must be specified, and proceed to the return of the Product or Products in question. The return costs will be free for the Buyer if it is done through any of the following options:
- Collection point: The BAYMO DHL courier service offers more than 3,600 collection points that can be consulted by clicking here. BAYMO will send the Buyer a label by e-mail to be placed on the package to be returned, so that the Buyer must only take it to the selected collection point. The Product or Products must be returned in the same box packed in perfect condition.
- Collection at home: BAYMO offers the possibility of collecting the return at the Buyer's home free of charge. To do this, the Buyer must contact BAYMO through one of the options provided in this Contract and BAYMO will send the Buyer a label by e-mail to be placed on the package to be returned. The Product or Products must be returned in the same box packed in perfect condition.
- Delivery at BAYMO offices: The return of the order can also be carried out by delivering it to the BAYMO showroom, located at ____.
In the event of proceeding with the return by means other than those specified by the previous options or outside the indicated term, the return costs will be borne by the Buyer, as well as the risk of the return, leaving BAYMO entitled to charge the expenses that may be incurred in the event that the Buyer had made the return postage due.
Once the right of withdrawal has been exercised within the indicated period, BAYMO will proceed to refund all amounts received from the Buyer for the Products subject to return within a period of 14 days from the date on which the intention to withdraw was communicated. . Notwithstanding the foregoing, BAYMO may withhold the refund until the Products have been received, or until the Buyer has submitted proof of their return, depending on which condition is met first.
The Buyer will be responsible for the decrease that the Products may have suffered due to handling other than that necessary to establish the nature, characteristics and operation of these.
In the event that the right of withdrawal is exercised on any of the Products included in the order and not on all of them, the reimbursement of shipping costs or the price of the rest of the Products in the order that the Buyer will not proceed to has decided to keep.
Reimbursement of relevant amounts to Buyer will be made using the same payment procedure used for the purchase of the Product, unless otherwise specified by Buyer.
The Buyer shall have the right to request a single size change free of charge for each of the Products received within 30 days of receipt by the Buyer or a third party designated by the Buyer.
To make a size change, the Buyer must send an email to the address email@example.com indicating the order number, the garment to change and the desired size.
Once BAYMO has managed the change, the courier company will proceed to deliver the new garment of the requested size, at which time the Buyer must deliver the garment he wishes to change to the courier.
The garment must be returned in perfect condition, with its tags and original packaging and must not have been used, with the exception of trying on the garment. The Buyer must pack it correctly in its original packaging and pack it in an envelope or package to deliver it to the courier.
The Buyer will be responsible for the decrease that the garments may have suffered due to handling other than that necessary to establish the nature, characteristics and operation of these.
The change of size of the garments is subject to the availability in the warehouse of the requested size of the garment in question.
BAYMO offers guarantees on the Products offered on the Website, responding to the lack of conformity that may arise on them that manifests itself within a period of 2 years from the delivery of the Product.
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the 6 months after the delivery of the Product already existed when it was delivered.
It will be understood that the Products are in accordance with the Contract when they conform to the detailed description by BAYMO and possess the qualities that have been presented on the Website, when they are suitable for the uses for which the goods thereof are ordinarily used. type and when they present the quality and expected benefits of the goods of the same type.
If, based on the foregoing, any Product does not comply with the Contract, the client must notify BAYMO by any of the means provided for notification purposes.
CAUSES OF FORCE MAJEURE
BAYMO will not be held responsible for defects or delays in compliance with the Contract when due to causes beyond its reasonable control, which will be considered force majeure.
They will be considered as force majeure, and therefore not attributable to BAYMO, by way of example and not limitation: strikes, blockades or other industrial action by third parties; terrorist attack or threat, riot, invasion, threat or civil commotion; war, declared or not, or threat of war; natural catastrophes such as floods, earthquakes, subsidence, explosions, fires, pandemics or health crises; impossibility of using public or private means of transport; failures in public or private telecommunications systems; acts, decrees, regulations or restrictions of any kind imposed by a public authority, among others.
When any of the events of force majeure occur, the Contract will not be terminated, but the obligations established in it that are prevented or hindered will be suspended until the event of force majeure ceases to exist.
In the event that any of these Conditions or any other provision that may be part of the Contract are declared null and void by a final resolution issued by any competent authority, the other conditions will remain in force without being affected by such declaration of nullity.
APPLICABLE LAW AND JURISDICTION
The purchase and sale of products on the Website will be governed by Spanish legislation.
Disputes that may arise in relation to the purchase and sale of products on the Website and these General Conditions will be submitted to the courts and tribunals of Barcelona, without prejudice to the rights provided for in Spanish legislation that assist the Buyer, in quality of consumer, related to this matter.
CONDITIONS OF USE OF THE WEB PAGE
The user of this Web Page undertakes to make appropriate use of the contents of the Page, being obliged to provide truthful, exact and updated information on the data requested in the registration forms and in those for the completion of a order; not to commit illicit activities, illegal or contrary to good faith and public order; not to disseminate racist, xenophobic or discriminatory content or character for any reason that violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and, in general, current regulations ; not to cause damage to the physical and logical systems of the Page, to the providers of the Page owner or to third parties, nor to introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage on the network previously mentioned; not to use the contents and information of the Page to send advertising or any other type of commercial communication, nor for the collection or storage of personal data of third parties; not to try to access or use the email accounts of other users of the Page.
The owner of the Web Page reserves the right to make the changes it deems appropriate without prior notice, being empowered to change, delete or add both the content and services provided through the Page as well as the how they are arranged.
The owner of the Website will not accept any responsibility for loss of income or sales, loss of business, loss of profit or loss of contracts, loss of anticipated savings, loss of data and loss of management time or business hours. office that the user may suffer due to errors or omissions in the contents, lack of availability of the Page or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures and within their reach to prevent such events. He also will not assume any responsibility for the contents introduced by third parties. P>
INTELLECTUAL AND INDUSTRIAL PROPERTY
The user acknowledges and consents that all copyright, registered trademark and other intellectual and industrial property rights on the materials or contents included in the Website correspond to the owner of the Website or to the third party that has authorized the owner for its use. . In no case may the user make a use other than that expressly authorized by the owner of the Page or of the corresponding intellectual and industrial property rights.