1/www.bdtweb.com (the “Website”) is owned by and/or operated by or on behalf of Brandenstein Industries S.L.(“Brandenstein/Brandenstein Studio/ we/us”), with delivery services provided by FEDEX or MRW (“delivery companies”, “delivery services”). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website you can contact us at:
Brandenstein Industries S.L. Calle López de Neira 2, 1o 36202- Vigo – Pontevedra Spain
Or in the email attached : firstname.lastname@example.org
VAT number: ESB-94100005
Registered in the Pontevedra register on paper 110 , volume 3.962 , 1st entry of PO56759 sheet.
2/ These terms and conditions were last revised on 10 October 2017
USE OF WEBSITE
1/ These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the “Terms”) apply to your use of and access to the Website including all orders submitted by you for any products or services made available by us for purchase over the Website. By accessing this Website you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website. Please note that all options available on our Website may not be available on the Website accessed using a mobile device.
2/ Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
3/ You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information
4/ We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5/ The Website may include links to other websites or resources (“Linked Websites”). Brandenstein has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Brandenstein is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Brandenstein Studio will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
6/ Brandenstein may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7/ Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
8/ Brandenstein Studio will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Brandenstein for and indemnify Brandenstin and keep Brandenstein indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Brandenstein as a result of any claim in respect of your use of the Website.
9/ Brandenstein Studio has the right to remove any material or posting you make on the Website in Brandenstein sole discretion.
10/ The Website and its services are not directed to children under 13 years. If you are under 13, you are not allowed to use the website or its services.
11/ References to “We” in the Customer Service Information refers to Brandenstein as the context permits.
PURCHASE OF PRODUCTS
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product;
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services (the “Delivery Services”) you have ordered and we can provide. Since delivery services do not correspond to the internal logistics of the Company, but that takes place through networks of service parcel companies named in these conditions in previous point.
When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re- enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. Prices do not include shipping costs payable to “delivery companies” regarding the delivery, if any. For more information contact: link
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product`s correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product`s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
Brandenstein may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3/ PAYMENT TERMS
The total cost of your order will be the purchase price of the product (which you pay Brandenstein Studio), plus applicable shipping costs (we charge on behalf of “courier companies”). For more information, go to Destination, Rates & Speeds – Future link
Accepted payment methods are:
– Credit or debit card q either their origin or currency.
– American Express
If the payment method is by credit or debit card system will be redirected to the payment gateway securely with your bank works.
If the payment method is by Paypal, it will be automatically transferred to the payment system PAYPAL owner of the payment gateway, where they will provide the necessary information to make the payment.
If your credit or debit card or any other method of payment is not denominated in the currency of your purchase, the final price will be charged in the currency of the card, which will calculate and load the card issuer. Also, if your credit or debit card, or other payment method does not match the currency in which payment is made, the final price will be charged in the currency of your bank card has established. The final price will be calculated and charged the card issuer. Brandenstein Studio has no control over these charges and cannot predict their amount. Contact the issuing bank for more information before ordering.
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in Spain.
The order amount will be charged to the account for the debit card or credit payment accepted once (through the secure payment gateway of his own bank). Except for some foreign credit cards in which case the charge of the payment depends on the entity that owns the card.
Brandenstein Studio will not process any orders until it is fully paid.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
Brandenstein Studio performs deliveries of its products through the “delivery companies” cited earlier in these conditions (section A. Introduction); to which they will process the personal data that are needed to send the purchased product.
Orders are sent to the delivery address you have indicated on the order form. Neither Brandenstein Studio or the “delivery companies” shall be liable if the delivery address is incorrect or incomplete.
Relevant and on the time and cost of requested information on the following link Destination, Rates & Speeds or as otherwise specified in the payment process at the time of placing your order.
The estimated delivery time is calculated from the date of processing of the order, unless specified otherwise.
In the case that any difficulties happened in the terms and rates indicated Brandensteisn Studio will inform via email.
Brandenstein Studio can supply the products in divided deliveries, and it is understood that each of the delivery constitutes a separate contract between you and the Company. We may also provide only part of an order.
At the time of delivery the customer must check the condition of the order indicating the delivery receipt that could detect any anomalies in the packaging or content. Accepted delivery, Brandenstein Studio will not be responsible for any damage of the package.
6/ CANCELLATION AND RETURNS
Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e- commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
The Free returns are available worldwide and for all items not on sale for a maximum period of 30 days from the date of shipment, provided the conditions of return specified below are met.
Terms of return:
/ Purchases must be returned from the country of original purchase through the original form returns.
/ Returned items must be unused, in original condition with all tags attached Brandenstein and all accessories or instruction booklets included.
/ The product returns incomplete, damaged, worn, damaged or modified, or any condition which might reasonably believe Brandenstein that have been used will not be accepted and therefore be returned to the customer.
The refund procedure must be requested at the e-mail email@example.com. Once approved the refund will receive an e-mail with instructions that the return process.
This process of return will be made through the procedure and through the “courier companies” with which Brandenstein has established agreement. Brandenstein Studio is not liable for any returned item through any other system of repayment than the pick up of the Company.
6.6 Refunds will be credited through the original payment method used by the buyer.
/ Upon receiving the return, we will make refund as soon as possible. Refunds will be made by the supplier of their method of payment, the terms of office of this in your account depends on the owner bank the payment method used.
/ If the returned item is bought with a different currency than the local currency, the refund will be paid in the same currency as the purchase. Due to fluctuations in currency exchange rates, the amount repaid may be higher or lower compared with the price initially paid.
The cost of this return is free. And more poses no charge to the customer.
In the case of returns of gifts, the amount of returned items will be refunded through the original payment method used by the buyer. Make your return within a maximum period of 30 days from the date of shipment. Use the free return and make sure the items meet the conditions of return.
At present, the order can not be changed online. Therefore the process of change is exerted through the same system returns. Section 6.4 of these Terms. After accepting the returned product; Studio Brandenstein proceed to send the new garment.
In certain circumstances, we may cancel your order before it is sent. Contact us via email firstname.lastname@example.org as soon as possible after placing your order and Customer Service will inform you about the possibility of canceling your order.
Note that you can not combine orders, change the size, edit your billing or shipping, and add items to a purchase already made.
DISTANCE SELLING REGULATIONS
According to the law on distance selling or the applicable consumer protection law of their country of residence in the applicable grade, you may have the right to cancel orders for certain products acquired Brandensteinstudio.com within a legal period determined. For orders placed through Brandensteinstudio.com, there is a period of 14 days from the day after the date on which the article in question was received.
TO CANCEL YOUR ORDER
Refer Studio Brandenstein notice mail email@example.com within the legal period established, and provide data products of your order and the delivery date where appropriate, and the date of receipt of the article.
IF THE ORDER HAS BEEN SENT
If you decide to cancel your order after he has sent the item, return it to its original package and return it with the delivery note.
Note that this is not a complete statement of their rights under the rules of distance selling legislation applicable consumer protection in their country of residence.
Where relevant to the return of a product as provided for in the Regulations, Brandenstein Studio will be fully refunded the price paid, but you should bear the cost of returning the product (if it has already received), unless otherwise specified else in our Returns Policy and Cancellations. When duties or taxes paid directly to the appropriate authorities on importation of the product being returned, Brandenstein Studio shall not be liable with respect to any claim for refunds of duties or taxes by the authorities, or if possible, or not receive such reimbursement.
7/ AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
1/ INTELLECTUAL PROPERTY
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the “Content”), is either owned or licensed by Brandenstein, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The “Bradenstein” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Brandenstein and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights”) are and shall remain the exclusive property of Brandenstein and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
1.4 Limited Licence
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way which may prejudice or damage the reputation of Brandenstein;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Brandenstein may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
Brandenstein Studio endeavours to ensure that the information posted by it on the Website is accurate and complete. Brandenstein does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Brandenstein does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Brandenstein recommends that all users of the Internet ensure they have up to date virus checking software installed.
3/ AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
4/ EVENTS BEYOND OUR REASONABLE CONTROL
Brandenstein will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
5/ INDIVIDUAL TERMS
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
6/ GOVERNING LAW AND JURISDICTION
Purchases made one through the web page are subject to Spanish law www.brandesteinstudio.com .
In the event of any conflict or discrepancy in the interpretation or application of these contract terms, the Courts What, if any , know the subject f shall be as prescribed by applicable legal regulations regarding competent jurisdiction, the fourth -served , in the case of consumers , the place of performance of the obligation or the domicile of the buyer.
In the case that the purchaser is domiciled outside Spain, both contradictory submit, expressly waiving an any other jurisdiction, the Courts of Madrid (Spain).
7/ ENTIRE AGREEMENT7.1
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
8/ WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 8 does not affect your statutory rights.
All notices given by you to us must be sent to Brandenstein by the email customerservice@brandensteinstudio. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section D(8) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e- mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
E. FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order on bdtweb.com from a location in France, then the following additional terms shall apply:
Brandenstein whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the Brandenstein product which you order to the contract between you and Brandenstein under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the Brandenstein product sold to you on Brandenstein.com subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code: any claim must be made by you within 2 years of the date of delivery of the Brandenstein product; you may choose between repair or replacement of the Brandenstein product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code; you do not have to prove the Brandenstein product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the Brandenstein product. However if Brandenstein proves that the Brandenstein Product was in conformity with the contract between you and Brandenstein, your claim will not be accepted. Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.