This contractual document shall govern the General Conditions for contracting products or services (hereinafter, “Conditions”) through the bsqstore.com website, owned by BSQ TRADE SA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- Is a person with sufficient capacity to enter into contract.
- It assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is BSQ TRADE SA, with registered office at Carrer Bartomeu Vicent Ramon, 20 – 07820 Sant Antoni de Portmany (Illes Balears), NIF A57651606 and customer/USER service telephone number 971803052.
On the other hand, the USER, registered on the website by means of a user name and password, over which he/she has full use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery of a specific product or service in exchange for a specific price, which is publicly displayed on the website.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, the user is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Applicable guarantees.
13. Warranties and returns.
14. Applicable Law and Jurisdiction.
15. Information on the management of waste electrical and electronic equipment (WEEE)
Failure to carry out the remote contract
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. DISPATCH OF ORDERS
The PROVIDER will not ship any order or activate any service until it has verified that payment has been made.
Shipments of goods will usually be made by means of the company’s own distribution and EXPRESS MESSENGER (DHL, SEUR, UPS, FEDEX, CORREOS EXPRESS, etc.), according to the destination designated by the USER.
Failure to carry out the remote contract
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.
Delivery shall be considered to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.
It is the responsibility of the USER to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, but rather the activation of some services, which are directly downloaded from the website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The customer shall have the right to withdraw from the Contract, without having to justify their decision, within a maximum period of 14 calendar days from the time they receive their order. To exercise their right of withdrawal, they must contact BSQ Store to indicate their decision to withdraw from the contract.
It must be taken into account at the time of return not to include any product outside the BSQ Store website. We will not be responsible for it and neither the product nor the corresponding amount will be refunded.
“In accordance with the exceptions to the Right of Withdrawal regulated in RDL 1/2007, the return of customised (personalised) products will not be accepted”.
The consumer shall be reimbursed the full amount of the purchase, i.e. the price of the product plus shipping costs within 14 calendar days from the date on which we have been informed of the consumer’s decision to withdraw from the contract using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the reimbursement.
Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs to be paid by the USER, to the address of BSQ TRADE SA, Carrer Bartomeu Vicent Ramon, 20 – 07820 Sant Antoni de Portmany (Illes Balears).
The right of withdrawal shall not apply to contracts relating to: c) The supply of goods made to the specifications of the consumer and user or clearly personalised.
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: BSQ TRADE SA, Carrer Bartomeu Vicent Ramon, 20 – 07820 Sant Antoni de Portmany (Illes Balears)
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of BSQ TRADE SA or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include value added tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER will result in the issuing of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the e-mail address provided by the USER.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 971803052 or via e-mail to email@example.com.
9. SHIPPING COSTS
The prices do not include shipping or communication costs, nor do they include installation or unloading costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.
The maximum transport rate applied is as follows:
Peninsula up to 2 Kg:20 €.
Mainland Spain> 2 Kg up to 10 Kg: 50 €.
Peninsula> 10 Kg: 60 €.
Outside mainland Spain up to 2 Kg: 30 €.
Outside mainland Spain > 2 Kg up to 10 Kg: 60 €.
Outside mainland Spain > 10 Kg: 70 €.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:
Bank transfer: a 0 % discount will be applied for early payment.
- Credit card: no discounts or fees will be applied, fast payments by Google Pay and Apple Pay, Paypal, Alipay. Card payment will not be accepted if it exceeds €15,000.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Basket (quotation simulation)
Any product from our catalogue can be added to the basket. In the basket, only the articles, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. – Verification of the invoicing data.
2. – Checking the delivery address.
3. – Selection of the payment method.
4. – Placing the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise stated in their description. They all have a guarantee period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GUARANTEES AND REFUNDS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of 10 July, on Guarantees for the sale of consumer goods:
I) Compliance of the products with the contract
1. Unless proven otherwise, the products shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any of them inapplicable:
a) They conform to the description and qualities stated by BSQ TRADE SA.
b) They are suitable for the uses to which products of the same type are normally put.
c) Are suitable for any special use required by the client when he has informed BSQ TRADE SA at the time of the conclusion of the contract, provided that the latter has accepted that the product is suitable for this use.
(d) Are of a quality and performance that is customary for a product of the same type which the client may reasonably expect, having regard to the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by BSQ TRADE SA.
2. The lack of conformity resulting from an incorrect installation of the product shall be equivalent to the lack of conformity of the same when the installation is included in the purchase contract and has been carried out by BSQ TRADE SA or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity that the USER knows or could not have been unaware of at the time of concluding the contract or that originates in materials supplied by the USER.
Information on warranties:
II) Liability of the PROVIDER and rights of the USER
BSQ TRADE SA shall be liable to the USER for any lack of conformity existing at the time of delivery of the product. BSQ TRADE SA recognises the USER’s right to repair the product, to its replacement, to a price reduction and to termination of the contract.
In accordance with article 6 of the Civil Code, any prior waiver of the USER’s rights or acts carried out in fraud shall be null and void.
III) Repair and replacement of products
1. If the product does not comply with the contract, the USER may choose between demanding the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER informs BSQ TRADE SA of the option chosen, both parties must comply. This decision by the USER is understood to be without prejudice to the provisions of article IV below for cases in which the repair or replacement does not bring the product into conformity with the contract.
2. Any form of remedy that imposes costs on BSQ TRADE SA that are unreasonable in comparison with the alternative form of remedy, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience for the USER, shall be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement shall be carried out in accordance with the following rules:
a) They shall be free of charge for the USER.
This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular the shipping costs, as well as the costs related to labour and materials.
b) They shall be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products and the purpose for which they were intended by the USER.
c) The repair suspends the calculation of the periods referred to in Article VII. The suspension period will begin from the moment the USER places the product at the disposal of BSQ TRADE SA and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, BSQ TRADE SA shall be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the replacement product.
e) If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or the termination of the contract under the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits established in paragraph 2 of article IV, or a price reduction or termination of the contract under the terms of articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and termination of the contract shall take place, at the USER’s choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. The termination shall not be applicable when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract, and the value that the product actually delivered had at the time of delivery.
1. BSQ TRADE SA is liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand products, BSQ TRADE SA and the USER may agree a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the previous articles prescribes three years after the delivery of the product.
4. The USER must inform BSQ TRADE SA of the lack of conformity within two months of becoming aware of it.
Unless there is proof to the contrary, it will be understood that the USER’s communication has taken place within the established period.
VIII) Action against the producer
When it is impossible or excessively burdensome for the USER to contact BSQ TRADE SA due to non-conformity of the products with the purchase contract, he/she may claim directly against the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the cessation of the producer’s liability, under the same terms and conditions as those established for BSQ TRADE SA, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
A producer is understood to be the manufacturer of a product or the importer of the product into the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trade mark or other distinctive sign.
Whoever is liable to the USER shall have a period of one year in which to recourse against the party responsible for the lack of conformity. This period shall run from the time of completion of the remedy.
Returns made at our headquarters in C/ Bartomeu Vicent Ramon 20, 07820 Sant Antoni are free of charge. The amount to be returned will be deducted from the amount only if the product suffers depreciation due to the fact that it has been opened or used.
If the return requires a collection from the customer’s home there is a fee depending on the product to be returned:
Products under 10 Kg a flat rate of 9,90 Euros VAT included.
Products weighing more than 10 Kg are charged at 30 Euros VAT included, per unit to be collected.
These prices are applicable in addition to a depreciation price if applicable.
14. APPLICABLE LAW AND JURISDICTION
“Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es). These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/consumidores/como-reclamar/formularioreclamaciones/). If they relate to electronic transactions with consumers, or to data protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, which is accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. We also remind you that you can access the European Union’s online dispute resolution platform by following this link:
15. – Information on the management of waste electrical and electronic equipment (RAEE)
At BSQ Store we are committed to environmental social responsibility and we are committed to preserving and caring for the environment. That’s why we offer all the comforts so that you can get rid of your RAEE without burdening yourself.
If you do NOT wish to benefit from our RAEE management, the refusal of the purchase invoice will be stated on the purchase invoice, only for the purposes of traceability of the waste, in accordance with the regulations mentioned below.
By way of information, Royal Decree 110/2015 incorporates the guidelines of the RAEE Directive 2012/19/EU, which regulates waste management in the European Union.
Products discarded by customers will be collected free of charge for recycling, as long as they are of similar characteristics to those purchased online, either at the place where the products purchased are delivered or at the customer’s home when the delivery is made, or subsequently.
BSQ STORE STATEMENT ON THE PURCHASE OF F-GAS EQUIPMENT
By these conditions of purchase, BSQ Store declares that it has informed the purchaser that in the purchase of non-hermetically sealed equipment charged with fluorinated gases it is obliged to have this equipment installed by a qualified company with personnel certified for its installation in accordance with Royal Decree 2115/2017 of 17 February and Regulation (EU) 517/2014 on fluorinated greenhouse gases, as well as its obligation to send me within one year a declaration of compliance with this legal requirement.
You can download the legal documentation of the new obligations in the commercialisation of air conditioning equipment by clicking here together with the mandatory annexes. If the download link does not work you can request a copy via email to firstname.lastname@example.org