Termes et conditions d'achat
This document, together with the documents mentioned in it, establishes the terms and conditions that govern the purchase of the products that appear on our website www.boneandwhite.com.
We invite you to read it carefully before placing the order as your order is linked to these terms and conditions and if you do not agree with them you should not place it.
These Purchase Conditions may be modified and those in force at the time of placing the order will apply. The Purchase Conditions will be permanently available on the Web, so you can access them whenever you want.
2.- ABOUT US AND THE PRESENT CONDITIONS OF PURCHASE
2.1.- PIVIDAL CONSULTING S.L. (hereinafter, "Provider"), which operates this website under the name BONEANDWHITE, is a Spanish trading company domiciled for notification purposes in Ciudad de Lugo 18 bajo, 15004, A Coruña, Spain, registered in the Mercantile Registry of Alicante, to Volume 3428, Folio 198, Sheet A120056, inscription 3ª, and with CIF B54471982.
2.2.- In these Purchase Conditions, the terms indicated below will have the following meaning:
a) “Order confirmation”: refers to our email in which we confirm that your order has been received and that we are preparing to ship it. We also refer to the order summary.
b) "Clauses": are the clauses contained in these Purchase Conditions.
c) "Client": refers to the person who places the Order.
d) "Your order is on its way": refers to our email in which we inform you that your order has already left our facilities. You can track it with a code that you will find in this same email.
e) "Contract": refers to the Order of a Product once expressly accepted by the Supplier through Order Confirmation, in accordance with these Purchase Conditions.
f) “Account”: refers to the account that the user must create on the Website in order to place any Order.
g) "Order": refers to the order placed on our Website in order to acquire our Products.
Likewise, for the correct interpretation of these Purchase Conditions, we indicate that:
Clause titles are for reference only and shall not affect the interpretation of these Purchase Conditions.
Words expressed in the singular will include the plural and vice versa. Words expressed in a given gender will include all genders and references to persons will include individuals, corporations, partnerships, companies or associates.
The words “includes” or “including” and similar expressions or words shall mean “without limits”.
3.- USE OF OUR WEB PAGE
3.1.- By using this website and/or placing Orders through it, you agree to:
a) Make use of this website only to make inquiries or legally valid Orders.
b) Not make any false or fraudulent Order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the competent authorities.
c) Provide us with your email address, postal address and/or other contact information truthfully and accurately.
3.2.- By placing an Order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you do not comply with these conditions, you must not use this website.
3.3.- Placing an Order through this website implies unreserved acceptance of these Purchase Conditions. You are responsible for reviewing the current version of the Purchase Conditions before placing your Order.
3.4.- We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to those users who fail to comply with these Purchase Conditions.
3.5.- You must not make improper use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or technologically harmful or harmful material. You will not try to have unauthorized access to this Web page, to the server on which said Web page is hosted or to any server, computer or database related to our Web. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this Clause may lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will collaborate with them to discover the identity of the attacker. Likewise, in case of breach of this Clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or material as a result of the use of this website or of downloading content from it or to those that it redirects.
4.- AVAILABILITY OF THE SERVICE AND PRODUCTS
4.1.- The Products offered through this Website are available for shipment to:
Peninsula and Balearic Islands.
EU including Switzerland: Countries including: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands , Poland, Portugal, United Kingdom, Czech Republic, Romania and Sweden.
(hereinafter, the "Territory").
4.2.- Our website will only show products subject to availability.
4.3.- In case of cancellation of the Order, we will reimburse you as soon as possible the amount paid through the same payment method with which we received it. An order can be canceled as long as it has not been shipped, that is, before receiving the "Your order is on its way" email. In order to cancel an order you can send an email to firstname.lastname@example.org or call us, indicating the details of the order.
4.4.- We reserve the right to withdraw any Product from this website at any time, as well as to modify and update our Product catalogue.
5.- CELEBRATION OF THE CONTRACT
5.1.- The information contained on this website does not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any Product until your Order has been expressly confirmed by us in the order confirmation. In the event that the Order has not been confirmed, but the total or partial amount of the Order has already been received, the entire amount will be refunded.
5.2.- To place an Order you must follow the purchase procedure described in the sixth Clause and click on the "Finish the order" button. After that, you will receive an order confirmation email in which your order has been received and that we are about to prepare its shipment. We also refer to the order summary. The contract for the purchase of a Product between you and us (the "Contract"), will be formalized only when we send you this Order Confirmation.
5.3.- You will be informed that the Product is in the process of being shipped (Email: "Your order is on its way") and you will be able to track it using a code provided in this same email.
5.4.- Only those Products listed in the Order Confirmation will be subject to the Contract. We will not be obliged to supply you with any Product that may have been the subject of an Order until we confirm the shipment of this by means of an Order Confirmation.
5.5.- Contracts formalized in the manner described will be stored on our website. And you will be able to access the Contracts that you have concluded with us through the "My Account" section.
5.6.- Contracts, like each step of the purchase procedure, may only be formalized in Spanish.
6.- PURCHASE PROCEDURE
To buy any of our Products on this website you must follow the following steps:
a) Registration of your data “Create account”
b) Choice of Products
Access the Products section and click on the image of your choice to view them and learn about their main features. Add the Products of your choice to the shopping cart and repeat the process as many times as you wish. Once you have finished your selection, you can click on the "Finish order" button to continue the purchase process.
c) Shipment details
In this space you must fill in the available fields to detail the desired place of delivery, being able to choose between a home delivery or a delivery with collection at a selected delivery point within the Territory.
d) Choice of payment formula
In the next step, you must choose the payment formula that best suits you among those available on the Web, as detailed in the ninth Clause. Depending on the chosen formula, you will agree to fill in the necessary fields corresponding to it. Likewise, you will have the option to request an invoice, in which case you must send an email to Info@boneandwhite.com indicating the necessary tax information.
e) Formalization of the Order
At this point in the process, the next step will be to formalize the order and make the payment. To do this, you must:
Click on the "Shopping Cart" button at the top of the page.
Check all the details of your purchase: Products, quantities, place of delivery, total amount, etc. Please check that all the data is correct and, if you detect any errors, use the "Modify data" button.
Once you have verified that all the data is correct, press the "Finish Order" button.
Enter the necessary data to make the payment (details of your card or PayPal account, or Apple Pay account).
Click the "Finish Order" button to complete the purchase process. Once your purchase offer has been received, you will receive an order confirmation by email (if you do not receive this confirmation within 24 hours of the Order, contact us at the email address email@example.com) . We will proceed to review your purchase and verify that it meets all the requirements for processing. If so, you will then receive an email in which we will confirm that your Order will be in the process of being prepared and shipped.
In the event that, once an Order has been placed, you verify that it contains an error, notify us immediately at our email address firstname.lastname@example.org. Since otherwise we cannot guarantee the modification of the Order in accordance with your instructions.
7.1.- We will deliver the Products to the shipping address that appears in your Order and that is in the Territory or at the collection point indicated closest to your home, as indicated during the purchase process. In order to optimize the delivery process, the address you provide must be an address to which delivery can be made within normal business hours. We will not be responsible for errors or damages arising from delivery, when the delivery address entered by you does not match the desired delivery location. Our delivery system guarantees a home delivery attempt. In the event that the delivery cannot be made, a notification will be left and we will send you the details of the nearest delivery point where you can pick up your order from that same day. If we do not have a collection point within a radius of less than 5km from the requested address, we will make up to 3 additional delivery attempts. Once the order is at a collection point, you have up to 10 days to pick it up. In the case of not going to pick it up or exceeding the delivery attempts and the order is returned to our warehouse, all expenses derived from these trips will be charged to the customer.
7.2.- We will try to deliver the Order within a period of:
5 to 7 days in shipments to the Peninsula and the Balearic Islands
10 to 12 days to the EU
counting from the date of "Your order is on its way" and, at the latest, within 30 calendar days from said Shipping Confirmation. If for any reason we could not meet the maximum delivery time, we will inform you of this circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the Order, with a full refund of the price. paid out.
7.3.- For the purposes of these Purchase Conditions, it will be understood that "delivery" has occurred or that the Order has been delivered at the time of signing (in any digital medium) its receipt at the agreed delivery address or, in case of unavailability of the recipient, the date of collection at the collection point selected by the courier company or the customer during the purchase process.
7.4.- At the time of delivery of the Order, the recipient must show their identification document to the carrier, sign the delivery note and request a copy of it from the carrier. Said delivery note must be kept for the purpose of making any claim and/or for exercising the right of withdrawal.
7.5.- In the case of delivery of an Order that presents visible defects in the outer packaging, the delivery note must not be signed as compliant, but a claim must be made to the carrier on the spot by including a written reservation on the delivery note. We will also ask for a photo as proof, which you can send to email@example.com.
7.6.- We make shipments in our standard packages, properly protecting the product.
7.7.- Make sure not to damage the contents of the package when opening it, especially in case of using sharp instruments, we will try to indicate on all the packages the place where the opening of the box is recommended.
7.8.- In case of not being available to receive the Order, we will leave you a notice with the instructions to follow for its collection or second delivery attempt. In any case, you will have a maximum period of 10 calendar days to collect your Order at a collection point, counted from the date on which you are informed that your Order is available. If after this period you have not collected the Order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will reimburse you for the difference between the price paid for the Products that are the subject of the Order and the reasonable expenses caused by the failed delivery, the costs of storage and the return of the order. The reimbursement of said difference will be made as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated.
7.9.- At the time of formalizing the Order you can tell us if it is a gift and add a personal text that can be completed in the purchase process or by sending an email to firstname.lastname@example.org.
7.10.- Product deliveries are not made on Saturdays, Sundays or national, regional and local holidays.
8.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
8.1.- The risks of the Products will be borne by the Client from the moment of their delivery or, if this is not possible for reasons attributable to the Client, from the moment of making them available at the agreed place of delivery. .
8.2.- You will acquire ownership of the Products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery if it takes place at a later time.
9.- PRICE, TRANSPORT AND PAYMENT
9.1.- The price of each Product will be the one indicated at any time on our Website, except in the event of manifest error. Although we try to ensure that all prices on the Website are correct, errors may occur. If we discover an error in the price of any of the Products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price, or canceling it. If we are unable to contact you, the Order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply you with any Products at the lower incorrect price (even if we have sent you the Order Confirmation) if the pricing error is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price.
9.2.- The prices of the Products that appear on this website include VAT, but exclude shipping costs, which will be added to the total amount in the payment process. Depending on the place of delivery of the Order, the shipping costs will be as follows:
|Standard < 5Kg
|Standard 5-15 kg
|Standard > 15kg
|SPAIN (NOT ISLANDS)
|REST OF THE WORLD***
***For all countries outside the European Union, Bone and White will cover JUST the shipping costs. All local costs for customs, taxes, tariffs or other local procedures necessary for the delivery of the order, will always be paid by the client. In the event that the client rejects these expenses and the order has to be returned to origin, Bone and White may charge all the expenses derived from this management to the client.
9.3.- The Supplier reserves the right to modify its prices, as well as the amount of shipping costs, at any time. Possible changes in prices and/or shipping costs will not affect the Orders with respect to those we have sent you and the order confirmation.
9.4.- The Client must make the payment by Visa, MasterCard, American Express or Visa Electron credit or debit card, or through the PayPal or Apple Pay system. The card with which the payment is made must have a Spanish bank or savings bank or a branch or subsidiary financial institution of a foreign financial institution established in Spain as the issuing financial institution.
9.5.- To enter the data of a PayPal or Apple Pay card or account, you must have the right to use them and said card or account must have sufficient funds to cover the possible payment. You are responsible for ensuring that all the data provided for the purpose of purchasing Products is correct.
9.6.- In order to guarantee the confidentiality and security of the data entered on the Web to make the payment, we use the SSL (Secure Socket Layer) protocol, to guarantee a secure connection between the Client and our server. In this way, when using the SSL protocol, it is guaranteed:
a) That the Client is communicating his data to the Provider's server and not to any other.
b) That between the Client and our server the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
10.- RETURNS AND EXCHANGES POLICY
A. Right of withdrawal
In accordance with current regulations, if you are contracting as a consumer, you may withdraw from the Contract, without the need to indicate the reason, within a period of 14 calendar days from the date of delivery of the Product on which you acquired material possession of it. It will not be possible to return items purchased on request outside of the store's current web catalog since, on many occasions, these items will be manufactured exclusively for that specific order and their return will not be possible.
The steps to follow are the following:
(1) Notice of withdrawal
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract through an unequivocal statement (for example, a letter sent by post, fax or email). To do this, you can use the withdrawal form model that appears on our website, although its use is not mandatory.
You also have the option of electronically completing and sending the model withdrawal form or any other unequivocal statement to the email address indicated below. If you resort to that option, we will notify you without delay by email of the receipt of said withdrawal.
In any case, in your withdrawal notice you must identify the Order and Contract with respect to which you exercise the right of withdrawal.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
(2) Product Return
After notifying us of your decision to withdraw, you must return the Product referred to in said withdrawal at the postal address indicated above, without undue delay and, in any case, no later than within 14 calendar days from the date on which notify us of your decision to withdraw from the Contract. The term will be considered met if you return the Products before said term has expired.
The return or exchange of product must be made through our courier service, whose cost will be paid by the customer (€9 per box returned in Spain, €15 per box returned EU countries, €25 per box returned non-EU), in no case by Bone & White even if it manages the refund process.
For the return or exchange of product to be accepted, the Products subject to return may NOT be used and must be returned in the same conditions in which they were delivered, keeping their original packaging and labeling. The return must be made using the same box or packaging used in the delivery that guarantees the return of the Products in perfect condition.
No refund will be made if the Products have been used beyond their mere opening or if they have suffered any damage or defect, so you must be careful with the Products while they are in your possession.
Consequences of withdrawal:
In case of withdrawal by you, we will refund all payments received, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive method of ordinary delivery that we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from the Contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
However, as indicated in the previous paragraph, we may withhold the refund until we have received the Product, or until you have presented proof of its return, depending on which condition is met first.
In case of withdrawal, you must bear the direct cost of returning the Products. Bone and White can provide you with the courier service for your return, but in no case will it assume the cost of returning the order.
B. Return of defective Products
In cases where you consider that, at the time of delivery, the Product does not conform to the provisions of the Contract, due to any defect or defect, you must contact us as soon as possible and at the latest within 48 hours after receipt of the order by phone or email indicating the identification data of the Product, as well as the Order and attaching photos of the defect or tare that it presents. Sending photographs will be essential for the return process.
Once we receive your communication, we will contact you as soon as possible to inform you of the date on which a courier will appear at the address you indicate to collect the Product.
After the withdrawal of the Product, we will proceed to examine it carefully and we will notify you by email, within a reasonable period of time, if the return is appropriate or, if you wish, its replacement. The return or replacement of the Product will be made as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the return or replacement of the non-compliant Product is appropriate.
The amounts that would have been paid for those Products that are returned due to some defect or defect, when they actually exist, will be fully reimbursed, including the delivery costs incurred to deliver the Product. The refund will be made in the same means of payment used to pay for the purchase.
If the return process does not comply with the instructions in this section in a timely manner, we reserve the right not to pay for the defective part.
C. Legal guarantee
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, the Supplier is responsible for the lack of conformity that is manifested within a period of two years from delivery. The Client must inform us of the lack of conformity within two months of becoming aware of it.
Unless expressly provided otherwise in these Purchase Conditions, our liability in relation to any Product purchased on this website will be strictly limited to the purchase price of said Product.
Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
a) In case of death or personal injury caused by our negligence;
b) In case of fraud or fraudulent misrepresentation; or
c) In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and, to the extent that it is legally permitted and unless otherwise stipulated in these Purchase Conditions, we will not accept any responsibility for the following losses, regardless of their origin:
loss of income or sales,
loss of business;
loss of actual or anticipated profits;
lost profits or loss of contracts;
loss of anticipated savings;
loss of clients;
loss of reputation;
loss of operating time;
any indirect or consequential loss.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated. the opposite in it.
All Product descriptions that appear on this website are provided as true body and without express or implied warranties about them.
The provisions of this Clause will not affect your legal rights as a consumer and user, nor your right of withdrawal.
12.- CLAIMS MANAGEMENT
12.1.- We will comply with the obligations established in these Purchase Conditions with reasonable care and diligence.
12.2.- The satisfaction of our Customers is of the utmost importance to us, so you can contact us at any time. Our contact details are on the web. We will try to redirect your queries reasonably quickly and will inform you of any developments regarding your query or complaint.
12.3.- In the event of a complaint, it would be helpful for you to provide us with a description as precise as possible of the reason for your complaint and, if any, a copy of your Order or the Order Confirmation. On certain occasions, it may happen that your emails are automatically redirected to our spam box or that you do not receive ours for the same reason.
13.- PERSONAL DATA PROTECTION
14.1.- Any notification related to a Contract will be made in writing and will be delivered physically, by certified mail, postage paid or by email to the corresponding party, whose postal or email address will have been provided by the same party.
14.2.- By using this website, you accept that most of said communications with us are electronic. For contractual purposes, you consent to use this electronic means of communication and you acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing.
15.- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
15.1.- The Agreement is binding both for you and for us, as well as for our respective successors, assigns and assigns.
15.2.- You may not transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
15.3.- We can transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract, in which case it will be We will notify you in writing. Said transmissions in no case will affect your contractual rights, nor the rights that, if applicable, you have recognized by law as a consumer.
16.- CAUSES OF FORCE MAJEURE
16.1.- We are not responsible for breaches, impediments or delays in the performance of a Contract attributable to any cause of force majeure, including without limitation any natural disaster, actions of third parties (including, but not limited to, pirates distributors, governments and local, supranational and quasi-governmental authorities), insurrections, riots, civil unrest, wars, hostilities, military operations, national emergencies, terrorism, piracy, arrests, arrests by competent authorities, strikes, lockouts, epidemics , fires, explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third-party software, non-existence or problems with the supply of public services (including incidents with the electricity supply, telecommunications or internet), scarcity or inex istence of supplies, materials, equipment or transportation (“Force Majeure Causes”), regardless of the possible forecast of said circumstances.
16.2 Both parties may terminate the Contract immediately, by written notice, if the Force Majeure Causes do not cease within 5 working days. In such case, neither party will be responsible for the termination (except in relation to the reimbursement of the amount of a Product paid for, but not delivered).
No delay by the parties in the exercise of any right stipulated by these Purchase Conditions or by a Contract will affect or represent the waiver of this or any other right. Likewise, it will not prejudice the rights or remedies related to said right nor will it modify or reduce the rights established by these Purchase Conditions or by a Contract.
18.- PARTIAL NULLITY
If any of the Clauses of these Purchase Conditions is declared null, invalid or not applicable by firm resolution by competent authority, said nullity, invalidity or inapplicability will not affect in any way the rest of the Clauses, neither totally nor partially, that will remain in full force as long as these Purchase Conditions or the Contract remain in force without the Clause established as inapplicable.
19.- ENTIRE AGREEMENT
These Conditions of Purchase and any document referred to in them constitute the entire agreement between you and us in relation to the subject of the Contract, and replace any other agreement, agreement or previous promise agreed between you and us, verbally or in writing.
20.- MODIFICATION OF THE PURCHASE CONDITIONS
20.1.- We have the right to review and modify these Purchase Conditions at any time.
20.2.- You will be subject to the current version of these Purchase Conditions at the time you use this website or make each Order, unless by law or decision of the competent authorities we must make retroactive changes in said Purchase Conditions, in which case, the possible changes will also affect the Orders that you have previously made.
21.- APPLICABLE LAW AND JURISDICTION
21.1.- The use of our website, these Conditions of Purchase and the Contracts for the purchase of Products through said Website will be governed by Spanish legislation.
21.2.- In case of controversy or disagreement arising from the purchase of Products through this website and/or these Purchase Conditions and for the resolution of any conflicts, the parties agree to submit, at their free choice, and waiving any other jurisdiction to which they may be entitled, to the courts and tribunals of the city corresponding to the Client's domicile.
21.3.- If you are contracting as a consumer, nothing in this Clause will affect the rights that current legislation recognizes as such.
In compliance with Regulation (EU) No. 524/2013 of the Parliament and of the Council, of May 21, 2013, we inform you that in this link you can access the online dispute resolution platform in consumer matters in case of disagreement with the purchase made and we had not reached a prior resolution agreement. The contact point for the resolution of online disputes will provide the necessary help to resolve said conflict through this platform.