Terms and Conditions

This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").

We ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or execution of the Contract (as this is defined below) will be those that are applicable to you.

2 - OUR DATA

This website is operated under the name BIMANI 13 Design, SL, a Spanish brand with address at Calle Alcalá 119 4º izda. 28009 Madrid, registered in the Mercantile Registry of Madrid in volume 32117, book 0, section 8 of the Book of Companies, page number M-578030, page 191 and CIF B86961711.

3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4 - USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

1.- Make use of this website only to make legally valid inquiries or orders.

2.- Do not make any false or fraudulent orders. 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 relevant authorities.

3.- Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Statement).

4.- If you do not provide us with all the information we need, we will not be able to process your order.

5.- When 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.

5 - CONCLUSION OF THE CONTRACT

The information contained in these Conditions and the details contained in this web page do 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 accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full.

To place an order, you must follow the online purchase procedure and confirm the payment. Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm the shipment of the same in a Shipment Confirmation.

6 - AVAILABILITY OF PRODUCTS

All product orders are subject to product availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order these substitute products, we will refund any amount you may have paid.

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.

We will not be liable to you or to any third party for the fact that you remove any product from this website, regardless of whether said product has been sold or not, remove or modify any material or content on the website, or for refusing to to process an order once we have sent you the Order Confirmation.

8 - DELIVERY

Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s listed in each Shipping Confirmation within the specified delivery period or, if no delivery date is specified, within 15 days from the date of the Shipment Confirmation.

However, delays may occur for any of the following reasons:

• Sale periods and special discounts (example: Black Friday)
• Product customization.
• Specialized articles.
• unforeseen circumstances.
• Delivery area.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or by e-mail.

Presale:

• The estimated delivery time of the items identified as "Presale" is approximately 1 month from the date of purchase. Although, the estimated specific term for each pre-sale item will be detailed in the descriptive file of the same.
• We are not responsible for the delivery time being different. The customer may withdraw at any time from the purchase, proceeding to cancel the order and refund the amount of the undelivered item.
• Items offered as "Presale" are products that are not in stock at the time of purchase. Therefore, the order will be sent once the item is at our disposal.
• In the event of purchasing an ordinary item and a pre-sale item in the same order, both items will be sent together when the pre-sale item is available.

9 - NON-DELIVERY

For home deliveries: if after two attempts we find it impossible to deliver your order, we will tell you where your order is and how to collect it. If you are not going to be at the place of delivery of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Shipping Confirmation, to arrange the delivery of your order at the address indicated at the time of purchase. If after said period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products, discounting the relevant shipping and management costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the established in this Clause we consider the Contract terminated.

10 - TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks of the products will be borne by you from the moment of delivery.

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 (as defined in clause 9 above), if this took place at a later time.

11 - PRICE AND PAYMENT

The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products 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 any amounts paid will be fully refunded.

We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the price error is obvious and unambiguous and could reasonably be recognized by you as an incorrect price.

The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment.

You can make the payment with Visa, Mastercard and American Express cards, and with PayPal and Aplázame.

By authorizing the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

12 - EXCHANGE/RETURN POLICY

12.1 - LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object of the Contract is any of the products with respect to which the right of withdrawal is excluded in Clause 12.2) at any time within the within 15 business days from the date of delivery of your order.

In this case, the price paid for such products will be refunded to you. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Agreement.

You may prove the exercise of the right of withdrawal in any manner admitted by law, considering that said right has been validly exercised in any case by returning the products.

This provision does not affect other rights recognized to the consumer by current legislation.

12.2 - CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the legally recognized right of withdrawal for consumers and users and mentioned in Clause 12.1 above, we grant you a period of 30 days from the date of receipt of your order to return the products (except those mentioned in Clause 12.3 below, for which the right of withdrawal is excluded). In the case of store pickup, if you do not pick up the order within 15 days, the 30-day period will begin to run from the 15 days the order arrived at the store.

This regulation does not apply to the gift card, the amount of which will not be refunded in any case. The gift card has no expiration limit.

In the event of a return, the price paid for the returned products will be refunded. You will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Agreement. You must exercise your right of withdrawal by returning the products.

Changes and returns of garments on request or with arrangements are not allowed.


12.3 - COMMON PROVISIONS

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same condition in which you received them, labeled and in perfect condition. Please return the item using or including its original packaging. It must also include all the instructions, documents and packaging of the products. No refund will be made if the product has been used beyond the mere opening of it or if it has suffered any damage, so you must be careful with the products while they are in your possession.

The garment must be with its original labeling and must be in the same conditions. The shoes must be returned with the box and its contents in perfect condition. In the event that the shoe box is used as a shipping box, suffering damage for this reason, the cost of the box will be deducted from the amount of the return.

Changes and returns of garments on request or with arrangements are not allowed. All returns made from the national territory (with the exception of the Canary Islands, Ceuta and Melilla), must be collected by our transport agency or delivered to one of our stores. The cost of shipping returns managed directly by the customer will be borne by the customer. In the case of the Canary Islands, Ceuta and Melilla, if the courier who delivers the package requests a payment, this will be deducted from the amount of the order return.

The return in store is FREE.

The first change of home collection is FREE (peninsular national territory). The cost of the first change for the Balearic Islands is 10 euros. Returns with home collection, as well as second and subsequent changes, have a cost of 4.50 euros per package, with a maximum of 4 items. An additional 1 euro will be charged for each extra item included in the package (mainland national territory).

The cost for returns from the Balearic Islands is 14.50 euros per package, with a maximum of 4 items. An additional 1 euro will be charged for each extra item included in the package. In the case of the Canary Islands, Ceuta and Melilla, the return will be managed at the customer's expense. If the courier who delivers the package requests a payment, it will be deducted from the amount of the return of the order.

You can make returns using one of the following methods:

Returns in the Store: You can return the products to us by going to our Stores. In this case, you must have previously filled in the web form for changes or returns.

Returns through courier: You must fill in the web form for changes or returns. And pack the items to be returned in a box in good condition and well closed. The carrier will come to pick up the package at the indicated address. Since we cannot ensure the time slot of the carrier, it is important that you request the collection at a location where the package can be delivered throughout the day.

After examining the article, we will notify you if you are entitled to a refund of the amounts paid. The return will be made as soon as possible and, in any case, within a period of 30 days from the date of receipt of the item(s) in our warehouses. The return will always be made in the same means of payment that you used to pay for the purchase.

You will receive the amount through the same form of payment used in your purchase in a maximum estimated time of 15 days from the confirmation of the acceptance of the return, depending on your bank.

If you have any questions, you can contact us at consultas@bimani.com or by calling 91 545 83 88.

12.4 - RETURNS IN THE CANARY ISLANDS, BALEARIC ISLANDS, CEUTA AND MELILLA and INTERNATIONAL

If you wish to return a product that had been delivered in the Canary Islands, Ceuta, Melilla or outside of Spain, you must send it at your own expense. If the courier who delivers the package requests a payment, it will be deducted from the amount of the return of the order.

12.5 - RETURNS 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, you should contact us immediately at consultas@bimani.com indicating the data of the product as well as the damage it suffers, or by calling the number 91 545 83 88 where we will indicate how to proceed.

You can return the product at any of our stores in Madrid, Valencia, or Barcelona, ​​or by delivering it to your home by a courier that we will send.

We will proceed to carefully examine the returned product and we will notify you by e-mail, within a reasonable time, if it is appropriate to return or replace it (if applicable). The item will be returned or replaced as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the non-conforming item is returned or replaced.

The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item. The return will be made in the same means of payment that was used to pay for the purchase.

The rights recognized by current legislation are protected.

13 - LIABILITY AND EXECUTION OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In the event of death or personal injury caused by our negligence.
• In case of fraud or fraudulent misrepresentation.
• 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 legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:

1.- Loss of income or sales.

2.- Loss of business.

3.- Loss of profit or loss of contracts.

4.- Loss of anticipated savings.

5.- Loss of data.

6.- Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise stated. expressly otherwise in it.

All product descriptions, information and materials on this website are provided as true body and without express or implied warranties about them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users.

The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

14 - INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark, design of garment models and other intellectual property rights on the materials or content that are provided as part of the web page correspond at all times to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order data or Contact data.

15 - VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this web page, the server on which said page is hosted or any server, computer or database related to our web page.

You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate 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 liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

16 - LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we do not have any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

17 - WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

18 - VERBAL COMMUNICATIONS (via telephone or face-to-face)

It may be the case in which the information or communications that we provide you are given verbally (by telephone or in person). As a general rule, these data will always be backed up and will be similar to the information provided on this website and in these Conditions, and we will try to leave a written trail of verbal communications whenever possible.

If the case arises in which an alleged exchange has not been transcribed, it will be considered a human error without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your rights recognized by law.

19 - NOTIFICATIONS

Notices that you send us should be sent by email to consultas@bimani.com or by calling us at 91 545 83 88. In accordance with the provisions of the preceding clauses and unless otherwise stipulated, we can send you communications either by e-mail or to the telephone number that you have provided when making an order.

It will be understood that the notifications have been received and have been correctly made when it can be proven that the electronic address as well as the telephone number correspond to the data specified by the recipient.

20 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns.

You may not transmit, assign, encumber 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.

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. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will cancel, reduce or limit in any other way the guarantees, both express and implied, that you we could have given.

21 - EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations under the Contract despite the Force Majeure Event.

22 - WAIVER

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of of said Contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the Notices section above.

23 - PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

24 - ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between You and us in relation to the object of the Contract and replace any other agreement, agreement or previous promise agreed between You and us verbally or by written.

You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned in these Conditions.

Neither you nor we will have any recourse against any untrue statement made by the other party, verbal or written, prior to the date of the Agreement (unless such untrue statement was fraudulently made) and the only recourse available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

25 - OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Terms at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each order, except that by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.

26 - APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

27 - COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact email ( consultas@bimani.com ).

28 - ASSIGNMENT OF IMAGE RIGHTS FOR USE WITH PHOTOSLURP:

By providing your permission, you guarantee the authorship and/or ownership of the image, and that there are no other entities with property rights over it. You grant Bimani 13 Design SL non-exclusive, non-revocable commercial rights to reproduce the Image in any form (including, but not limited to, video, Internet posting, reproduction, display, email, publication, and distribution), whether through through our own services, or through services provided by third parties, worldwide in any medium existing or later developed and without restriction or limitation. You agree that your image may be used by Bimani 13 Design SL in its original version or accompanied by illustrations, cartoons, captions, videos, artwork, textural materials, or other photographs. Bimani 13 Design SL agrees to use commercially reasonable efforts to give you credit for your photo and provide a link to your Instagram account, however, you agree that such credit is not required and your permission to use your image is not contingent on it being give such recognition.

You waive any right to inspect and/or approve the finished work in which the image will be used, as well as its advertising reproduction and the uses that may be made of said material. In addition, you waive any claim to royalties in connection with your image or our finished work.

Finally, you agree that if any item, or any portion of any item set forth herein is found to be invalid under any statute or rule of law, then it shall be deemed omitted only to that extent and the remainder of this Copyright Request Agreement. Image will remain in full force and effect. This Image Rights Petition Agreement shall be governed by the laws of Spain.

If you do not agree to these terms, we fully understand and no further action is required. We are delighted to see Bimani 13 Design SL as part of your account and look forward to seeing any new photos you post.

If you have any questions, you can contact us at consultas@bimani.com or by calling 91 545 83 88.

29 - WEB GIFT CARD:

How do you get a Web Gift Card or e-Card?

1. Select the amount of the e-Card you want to buy.
2. If you want the gift card to be sent to another person, you must enter their email when processing the purchase.
3. Remember the following important information about the use of the e-Card:
1. You can use your e-Card both on the web and in our physical stores.
2. The e-Card consists of a personalized e-mail where a code is included. Does not include home delivery of a physical card or any other product or packaging.
3. It is a bearer document. BIMANI will not replace the Card in case of theft, loss, loss or damage.
4. The e-Card does not have an expiration period.
5. You will be able to know the balance of your e-Card in the email notifications that you will receive from our website.
6. The return period is 30 days from the date of purchase, as long as the e-Card has not been used. The refund will be made to the original payment method used for the purchase.

How do you pay with a web gift card or e-Card?

• You can use your e-Card both on the web and in our physical stores.
• The e-Card does not have an expiration period.
• You will be able to know the balance of your e-Card in the email notifications that you will receive from our website.
• Before finalizing your purchase, you can select the e-Card as the payment method. For which you will have to include the code received by email.
• You can use more than one e-Card in the same purchase.
• If your purchase exceeds the balance of the e-Card, you can combine it with any of the other available payment methods.

How do you return a product purchased with a web gift card or e-Card?

• Returns of purchases paid with an e-Card will be refunded to the same Gift Card. You will receive a virtual copy of that card, with the updated balance, along with the return confirmation email.
• If at the time of purchase you have used more than one payment method and make a partial refund of your order, the refund will go primarily to the Gift Card.