Subject Matter and General Terms and Conditions
These General Conditions of Use govern the conditions of sale and use of the website www.mybalt.es (hereinafter, the "Website"), and the conditions of purchase of products offered through the Website (hereinafter "Products" respectively). The products offered by Balt are backpacks made in Spain with natural materials and 100% handmade.
The BALT website provides information about their Products and offers the chance to acquire them. The Website belongs to BALT BAGS, SL, a Spanish company, with registered address in Calle Guzmán el Bueno, 133, 3º A, Edificio Britannia, 28003 Madrid. BALT BAGS, SL, is registered in the MADRID Companies Register in Volume 34595, Folio 1, Sheet number 622363, 1st entry. Holding CIF [Tax ID] number B-87523148 (hereinafter, "BALT").
By accepting these Terms of use and sale, the user gives consent to become a BALT customer, and their data will be added to the file "On-line customers" of said company, and those files will be processed in accordance with the provisions in the Privacy Policy.
Given the content and purpose of the Website, those who benefit from its services and purchase its products shall have the status of "Customers". This status is acquired by completing the registration form, accepting these Terms of Use and Sale, the Privacy Policy and the Cookies Policy, and by following the steps subsequently provided by BALT via email.
These Terms of Use and Sale apply to the use of the Website and purchase of Products or Services via the Website and substitute any other conditions. Consequently, the Customer or user (individuals or entities who do not have customer status, hereinafter, "User") who accesses the Website and/or purchases Products and Services via the Website accepts to be bound by the Terms of Use and Sale as they are stated at the time of accessing the Website.
All Customers and Users who access the Website must be over 18 years of age and have adequate legal capacity to enter into agreements.
BALT does not deliver, for the time being, to countries which are not included on the Website. For any Product orders outside of the mentioned territory, the User should contact balt@mybalt.es.
Product and Service Information
The descriptions of Products offered on the Website are made according to the information and documentation provided by BALT providers and suppliers.
Photographs, graphic or illustrative representations and videos relating to the Products and Services, as well as the trade names, brands, distinctive signs of any type contained on the Website aim to provide the Customer and/or User with as much information as possible.
Given their handmade production and natural materials, BALT Products may have slightly varying characteristics. Said variations can not be deemed as defects or tares, on the contrary, they should be expected and appreciated. We only choose materials of the highest quality.
In the event that, due to a force majeure event or an incident imputable to BALT, the Product or Service is not available after purchase has been made, BALT shall inform the Customer by email of the total or, if applicable, partial cancellation of the order. In the event of total cancellation, the full amount of the order shall be reimbursed, and in the case of partial cancellation, only the price of the unavailable Products or Services shall be reimbursed.
Purchase of Products and Placing of Orders
The purchase of Products by the Customer via the Website is made according to the procedure established in the section "Order Form".
Once the desired product is chosen, the price of it is shown in Euro and that price includes VAT and corresponding taxes.
The price of transportation is also included in the price shown for the product.
BALT shall send an email to the Customer within twenty-four (24) hours of receipt of the order placed by the Customer, as acknowledgement of receipt and confirmation of the purchase. The Product order, and thus, the agreement shall be considered valid upon receipt of payment by BALT.
Payment of Products
The payment of the price and delivery cost of the Products purchased via the Website is made upon sending the email to the Customer on behalf of BALT. This email is an acknowledgement of receipt and confirmation of the purchase.
The proof of purchase which corresponds to the order of Products will be available and may be seen in the section "My account: Orders". From this area the Customer may also download the order invoice. The Customer shall make the payment via a virtual POS of Santander Bank or the Paypal Secure Payment platform. If the User or the Customer wishes to make the payment in any other way, they should contact balt@mybalt.es.
BALT hereby states that they do not have access nor store sensitive data relating to the payment method used by the Customer. Only the corresponding entity that processes the payment has access to these data for the administration of payments and charges. Once the purchase process is finished, an electronic document is generated and the agreement is executed. It may be accessed and printed by the Customer in the section "My Account: Orders".
Order Cancellation and Addition of Products
Customers may cancel orders or add products to orders which have been accepted and confirmed by BALT on the same day the purchase is made. Cancellations or additions will not be accepted if the order is in the process of "shipment".
To make an order cancellation or addition, the Customer should contact BALT via the email balt@mybalt.es, and wait for the reply and instructions of how to make a cancellation or addition.
BALT reserves the right to cancel orders in the cases and in accordance with the provisions in the terms and conditions indicated in section "Payment of Products" of these Terms of Use and Sale.
Delivery of Product Order
Place of Delivery
BALT undertakes to deliver the Product in perfect condition to the address provided by the Customer which, in any case, must be within the Territory. In order to optimise the delivery process, the address provided by the Customer must be an address where a delivery may be made within the normal working timetable.
If at the time of delivery of the Product in the provided address, the Customer is absent, the courier will leave a notification explaining how to proceed to set another delivery. If ten (10) calendar days pass as of the date of the notification, and the Customer has not contacted the courier to set a new delivery date, the Products will be returned to BALT warehouses and the Customer must undertake the shipping and return fees as well as possible associated administration fees.
BALT shall not be liable for errors or damages caused in delivery if the address provided by the Customer is not the same as the Customer's desired delivery place.
Upon delivery of the Product order, the Customer must show their identification document to the courier, sign the delivery note and solicit a copy thereof from the courier.
Delivery Period
BALT shall inform the Customer of the delivery period before the purchase process is finalised.
BALT does not deliver on Saturdays, Sundays and national, regional or local holidays.
BALT shall inform the Customer, via an email notification, of the dispatch date of the corresponding Product order from BALT warehouses and the contact details of the transporting company which will make the delivery. The Product shall be delivered to the address indicated by the customer within a maximum period of 4 days, except in the event of force majeure circumstances.
The delivery shall be deemed complete as of the time the Product has been made available to the Customer at the delivery address provided by the Customer.
Product risk (loss, impairment or theft, among others) shall be transferred to the Customer as of the time the Product order is made available to the Customer, in accordance with the provisions in these Terms of Use and Sale.
Product Returns
Return Process
Products purchased on the BALT Website may be returned and reimbursed in accordance with the provisions in this section.
The Customer shall inform BALT of their intention to return the Product within a maximum period of 14 calendar days as of the day the Customer or a third party appointed by the Customer, other than the Courier, acquires material possession of the goods.
Subsequently, the Customer should carry out the return at their own expense, by sending the Product via a transportation company that leaves a record of receipt of the package at the following address: Calle Guzmán el Bueno, 133, 3º A, Edificio Britannia, 28003 Madrid and inform balt@mybalt.es of the transportation company used and estimated date and time of return.
BALT shall only accept returns when the Product is in the same condition in which it was delivered and with its original packaging and labels. Furthermore, a copy of the delivery note should be included in the package, where the products being returned and reason thereof are stated. After examining the item, BALT will contact the Customer if they have the right to the refund of the amount paid.
Refund to the Customer
In case of returns made in accordance with the aforementioned, and after examining the product and verifying that the stated requirements are met, BALT shall proceed to reimburse the amount paid at the time of purchase to the Customer.
Only in the event that the Product delivered by BALT is faulty or incorrect, BALT shall also reimburse the corresponding return shipping fees to the Customer.
BALT shall administer the return under the same system used for the payment; within a period of 14 days as of the confirmation of receipt of the returned order from the warehouse.
Copyright
The descriptions and characteristics of the products, images, texts, logos, markings, photographs, as well as the website layout, the selection, order, and presentation of contents are protected by Spanish and international laws on intellectual and industrial property.
BALT Liability
Notwithstanding the provisions in the applicable regulations, BALT's liability regarding the Products purchased on the Website shall be limited to the price of purchase of the said products.
BALT does not undertake any liability arising from, including but not limited to:
a) The use which Customers or Users may make of the materials of the Website or hyper links, whether prohibited or permitted, in infringements of intellectual and/or industrial property of the content of the Website or third party sites.
b) Any damages caused to Customers or Users as a consequence of normal or abnormal function of the search tools, the organisation or location of content and/or access to the Website and, in general, problems or errors the User or Customer experiences which are generated in the development or implementation of the technical elements of the Website or a program.
c) The content of pages which Customers or Users may access via links included in the Website, whether authorised or not.
d) Acts or omission by third parties, regardless of whether they are contractually bound to BALT.
e) Access by minors to the website content. It is the responsibility of parents and guardians to monitor the activity of their children or minors in their care or install an Internet control program in order to avoid access to material o content which is inappropriate for minors. As well as the transfer of personal data without previous authorisation from their parents or guardians.
f) Errors or delays in access to the Website caused by the Customer when entering their data in the Order Form. Slowness or problems in receiving the order confirmation by the recipient of the order or any other anomaly which may occur when these incidents are due to Internet problems, caused by fortuitous or force majeure events and any other unforeseen contingencies external to BALT's good faith.
g) Failures or incidents which may occur in communications, erasure or incomplete transmissions,as there is no guarantee that the Website is constantly in operation.
h) Errors or damages caused to the Website due to inefficient and incorrect use thereof by the Customer or User.
i) The malfunction or problems with the email address provided by the Customer to receive the order confirmation.
BALT undertakes to try to solve problems which may occur and offer all the necessary support to the Customer for incidences which may occur on the Website, in order to reach a solution quickly and satisfactorily.
In addition, BALT is entitled to engage in promotional campaigns for set periods of time to promote the registration of new clients to the service. BALT reserves the right, in accordance with applicable regulations, to modify the applicable conditions of promotions, extend them (by dully informing of doing so), or exclude any of the participants of the promotion in the case that there is an anomaly, abuse or unethical behaviour by them (e.g. massive purchase, commercial activities, fraudulent activity, among others).
Partial Invalidity
In the case that any of the Clauses of these Terms of Use and Sale is declared void, the rest of the Clauses will remain in force and will be interpreted taking into consideration the will of the parties and purpose of said Terms of Use and Sale.
In the event that BALT does not exercise any of the rights arising from these Terms of Use and Sale shall not be interpreted as waiver of said rights, except if there is an express written waiver from BALT or statute of limitations for the corresponding action.
Amendment to the Terms of Use and Sale
BALT reserves the right to change at any time and without notice, the presentation and layout of the website as well as these Terms of Use and Sale and the Privacy Policy. Clients and Users shall have these Terms of Use and Sale available at all times in a visible location, freely accessible to be viewed whenever required. Customers and Users should read these Terms of Use and Sale carefully on each access to the website. In any event, it is a prerequisite that the Terms of Use and Sale, in force at the time, be first accepted before the purchase of any Product or Service available on the Website. The possible amendments made by BALT will not apply if the Terms and Conditions have not been previously accepted by the Customer.
Communication between BALT and the Customer
All communication between BALT and the Customer relating to these Terms of Use and Sale or to the acquisition of Products and Services via the Website, will be made in writing using the email balt@mybalt.es in accordance with the communication procedures stated in these Terms of use and sale for each particular case.
The Customer may also send BALT physical communication provided that they are sent to the address provided by BALT in the above mentioned Clause 1 and they are made in writing and via a system which allows BALT to certify the content and receipt of the corresponding communication.
Applicable Law and Jurisdiction
These Terms of Use and Sale are governed by Spanish law.
In case of dispute arising from the purchase of Products and/or Services through the Website and/or from these Terms of Use and Sale and for the solution of any disputes, the parties voluntarily agree to submit themselves to the courts and tribunals of the city of Madrid, specifically renouncing any other rights that they may be entitled to, unless another jurisdiction should be imposed by law.
Website General Information
BALT makes the greatest effort to ensure that the information which appears on this website is correct and up to date. www.mybalt.es is not liable for errors or omissions which may appear on the site. www.mybalt.es can not control the use that the User makes of the information, thus, shall not be liable for any type of damages, whether direct or indirect, arising from the use thereof.
Hyper links
BALT can not review nor has reviewed all the websites linked to www.mybalt.es, so is not liable for their content. The risks resulting from accessing the said linked sites belong solely to the Users, who shall be governed by the terms and conditions of use of the accessed sites.
Communication and Correspondence
Any content or information sent to this website by any form of communication shall be considered of a non-confidential and public nature. Thus, they may be disclosed, recorded or used by www.mybalt.es for any purpose, including the development and commercialisation of its products.
We solicit that no illegal, libellous, intimidating, slanderous, obscene, irreverent, offensive, provocative, pornographic, scandalous or any other type of content or information which may lead to civil or criminal liability be sent, included or published on this website.