1.- GENERAL

These General Terms and Conditions of Sale (hereinafter the “Terms of Sale”) regulate the use of the sales service offered by BOOBLO to users, through the Internet portal “www.boobloshop.com” (hereinafter the “Website”).

The contact email for users is info@boobloshop.com.

The use of any of the services of the Website, attributes to any individual the condition of user (from now on, “User”) and implies the full and unreserved acceptance of the Conditions of Sale, as well as all the notices, regulations of use, particular conditions and instructions, made known to the User by BOOBLO that substitute, complete and/or modify the present document, by means of the acceptance of the same ones as it establishes the Law.

2.- DESCRIPTION OF THE SERVICE.

Through the Website, BOOBLO offers users among other services detailed in the Legal Notice, the possibility of acquiring certain products and services directly from BOOBLO, which means offering for sale of products and services by BOOBLO , to users (hereinafter the “Sales Service”).

3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE.

Access and use of the Website, is free for users and is regulated in the Legal Notice available at all times on the Website.

Minors.

To use the Website, minors must first obtain permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors in their care.

4.- OFFER OF PRODUCTS AND SERVICES

Product and service information

The descriptions and technical specifications of the Products and Services offered on the Website are based on the information and documentation provided by BOOBLO’s suppliers and collaborators who manufacture/distribute such Products.

The photographs and graphic or iconographic representations and videos relating to the Products and Services, as well as the trade names, trademarks or distinctive signs of any kind contained in the Website, are intended to provide the Customer with the most complete and reliable information possible on the Products to the extent that technology allows.

However, sometimes the shades, colors, finishes and/or dimensions of the Products shown in the photographs and graphic representations – due to technical limitations arising from the use of certain types of devices or monitors by the Customers – may not correspond exactly to the real characteristics of the Products. The Customer therefore acknowledges that such photographs and representations are for guidance only and exempts BOOBLO from any liability arising from such potential inaccuracy.

BOOBLO makes every effort to ensure that the information available on the Website about the Products is true, accurate and free from typographical errors. However, BOOBLO can not guarantee the full truthfulness, accuracy and precision of all information available on the Website, so if there is any typographical error on the price or characteristics of the Products and the Client has based its decision to purchase on such incorrect information, BOOBLO will communicate as soon as possible and offer the Client the opportunity to cancel the order.

Some products and services, due to its nature, may be subject to these Terms and Conditions of Sale in addition to particular conditions of sale. These particular conditions of sale will always be accessible to the User in the offer itself together with the description of the product.

In this sense, the User must accept the particular conditions (including, but not limited to, compliance with any terms and conditions, rates and reservations established) before purchasing the Product. The provisions contained in these Conditions of Sale may be modified according to the corresponding particular conditions of sale of the Product. In case of conflict or contradiction, the particular conditions of sale will prevail over these Conditions of Sale. Consequently, the User must read carefully, in addition to the Conditions of Sale, the particular conditions of sale, which will be understood to have been accepted at the time the User proceeds to purchase the product.

Product Availability

BOOBLO makes every effort to ensure full availability of the Products offered at all times through the Website and to meet all orders placed by Customers through the Website.

However, the availability of products depends on the stock of suppliers and partners BOOBLO . Although BOOBLO tries to keep permanently updated the catalog of products available on the Website, sometimes the information provided by its suppliers and partners does not allow to offer information in real time through the Website.

Therefore, it may happen that, for circumstances of force majeure, for some unforeseeable incident or for circumstances beyond BOOBLO , the Product requested is not available after having placed the order. In this case, BOOBLO inform the Client of the unavailability of the Product ordered and proceed to the cancellation of the order, reimbursing the Client the amount paid in respect of the order canceled through the same means of payment used by the Client to confirm your order.

BOOBLO will not assume any penalty for the possible unavailability of the Products requested by the Client, nor will it be responsible for any damages suffered by the Client or third parties for such circumstances.

Price of products and services

The price of the Products and Services offered through the Web Site does not include the costs of management and shipping of the Products, or if applicable import taxes or customs duties, or any other additional service that the Customer may be interested in hiring. These will be detailed throughout the purchase process or will be communicated in writing to the Client by other means and must in any case be accepted by the Client before the confirmation of the order.

BOOBLO reserves the right to modify at any time the prices of the Products available on the Website. In any case, orders will be invoiced according to the prices available and in force at the time of placing the order.

RETURNS

If you are not satisfied with your purchase and wish to return an item, please contact us via the CONTACT menu within 14 days of receipt of your order, after which time your product will not be accepted for return.

BY BUYING FROM US, YOU ARE ACCEPTING ALL OF THE FOLLOWING CONDITIONS:

The return request date that will be taken into account is that of your request mail

If you decide to return an order, you will have to pay the shipping costs.

Please indicate in your request your order number as well as the reason for your return. Our customer service team will review the return request and send further instructions if the return is approved. (Return Sheet and Return Procedure)

Returned items must be unused, in the same condition as when we sent them to you, and in their original packaging. Stains, folded cards, broken seals or broken plastic sheets will not be accepted. If the condition of the product sent back to us is not in acceptable condition, we reserve the right not to return or exchange it. Products that have been customized cannot be refunded or exchanged.

Non-returnable items include items purchased through retailers, incorrect products purchased, and products damaged due to customer mishandling.

Returns made without the RETURN SHEET and without following the RETURN PROCEDURE instructions will be REJECTED AND NOT REFUNDABLE.

In the event that the item is defective, you have 5 business days to contact us from the date it was received. If this item is in your possession more than 10 business days, it is considered used and we will NOT MAKE A REFUND OR REPLACEMENT. NO EXCEPTIONS!

After the first 24H since the order was placed you will NOT be able to choose any REFUND or REPLACEMENT if the reason is that you no longer want an item or you have entered an ERRONEOUS SHIPPING ADDRESS.

YOU MAY NOT OPT FOR ANY REFUND OR REPLACEMENT if you have made a MISTAKE in entering the shipping address and the order cannot be delivered. Neither are refundable orders that have been tried to be delivered and are not possible due to the absence of the addressee or that are not picked up from the corresponding post office in time. You are responsible for the correct tracking of your order. BOOBLO IS NOT RESPONSIBLE FOR WRONG ADDRESSES.

We will return you THE AMOUNT OF THE ITEM, discounting the shipping costs, once we receive the item in its original state, in perfect condition and packed with all the components and accessories included.

Note: Insurance and shipping costs are not refundable.

WHAT DO I DO IF THE PRODUCT RECEIVED IS DAMAGED OR INCORRECT?

Please contact our customer service team (Contact Us page) to start the return process. Please include the following information:

– Order Number

– Proof of Purchase

– Video or photo of the product to be returned (if applicable)

– Complete shipping address

– Phone number

In some cases, you may be asked to include a video or photo of the defective product as proof in order to reimburse or replace the product.

HOW LONG DOES THIS PROCESS TAKE?

Returns may take up to 14 business days to process from the day we receive your return. We will send you an email to confirm once your return has been processed.

For defective items, a full refund will be credited for the returned products.

For non-defective items, the refund excludes all shipping and handling charges.

WHEN WILL I RECEIVE MY REFUND?

All refunds will be credited to your original form of payment. If you paid by credit or debit card, refunds will be sent to the card-issuing bank within 14 business days of receipt of the returned item or request for cancellation. Please contact your card-issuing bank if you have any questions about when your account will be credited.

If you have not yet received a credit for your return, here is what you should do

Contact your bank or credit card company. It may take some time before the refund is credited to your account.

HOW CAN I MODIFY OR CANCEL AN ORDER?

Please contact us within 12 hours of placing your order if you need to modify or cancel it. Be sure to provide your order number and the modification you wish to make and we will confirm you once the modification has been made. Please note that any order that has already been packaged or shipped cannot be modified or cancelled.

5.- PURCHASE AND SALE SERVICE

In case the User is interested in acquiring a product or service directly from BOOBLO , he can do so by selecting the product or service and its inclusion in the “Basket”. Once added the product or service to the Cart, the Website will request a series of data to make the purchase and subsequent shipment. All the information provided by the User through the purchase form must be truthful. The User guarantees the authenticity of all data communicated as a result of the purchase of any product or service. Similarly, it will be the responsibility of the user to keep all information provided to BOOBLO permanently updated so that it responds, at all times, to the real situation of the user. In any case the User will be solely responsible for any false or inaccurate statements made and the damage caused to BOOBLO or third parties for the information provided.

BOOBLO informs the User, that once completed the data and selected the method of payment, BOOBLO enables a summary screen where it informs the characteristics of the order: (i) product / s and service / s, (ii) price, (iii) additional costs, if any, (iv) delivery date, and (v) box for acceptance of the conditions governing the sale – with a link to the terms and conditions governing the contract – and that the User must accept after reading them to complete the purchase. After the provision of this information on the Website, the User may proceed to purchase the product(s) and services, selecting the button “place order/pay”, which will generate the obligation of delivery for BOOBLO and the obligation of payment for the User, of the product(s) and services selected.

Transport, shipping and delivery of the order

The transport service/shipping of the order is subject to the particular conditions specified in the purchase process. We recommend the User to consult these conditions before finalizing the order, since the acceptance of the present Conditions of Sale implies the acceptance of the conditions of the transport/shipment service that are available in the confirmation of the order at the moment of making the purchase.

If, at the time of delivery of the order, the User is absent at the address specified during the purchase process or, for any other reason attributable to the User, the delivery cannot be made, BOOBLO reserves the right to cancel the purchase made, reimbursing the User the amount paid. In any case, the User shall bear the cost of returning the order that could not be delivered, being BOOBLO entitled to deduct such costs, the amount of the purchase to be reimbursed, through the payment system used by the User to pay the order.

In addition, in the event that the User has chosen payment by cash on delivery as a form of payment of the initial order and, once canceled by BOOBLO, the User wants to arrange a new delivery, BOOBLO reserves the right to require the User to pay in advance of the order and delivery costs, as well as the costs of return of the initial order that could not be delivered.

Payment of the price

The payment of the price and shipping costs of products purchased through the Website may be made using any of the payment methods that BOOBLO makes available to users on the Website. The methods of payment available at all times will appear in the description of each product, along with the conditions to be established in each case for each of the available methods.

Some of the payment methods available on the Website are offered and provided by BOOBLO collaborators and are subject to the conditions of recruitment, privacy policies and other conditions that these third parties have established for the provision of their services, which we recommend reading the Users before hiring and using these services of third party partners. The use of payment methods offered by third parties is voluntary and, where appropriate, will be under the sole responsibility of the User. BOOBLO is not responsible for the use by users of the services provided by third parties, or the potential consequences of their use.

In case the User is registered in BOOBLO, he will be able to consult in his profile of User the realized orders.

The User must pay by credit or debit card Visa, Mastercard, American Express, Visa Electron and / or other similar cards, or through the PayPal system. The card used to make the payment must be issued by a Spanish bank or savings bank or by a branch or subsidiary of a foreign financial institution established in Spain.

The User must notify BOOBLO of any undue or fraudulent charges on the card used for purchases on the Website, in the shortest time possible, so that BOOBLO can make the arrangements it deems appropriate.

BOOBLO has the maximum security measures commercially available in the sector. Also, the payment process works on a secure server using the SSL protocol (Secure Socket Layer). The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the computer of the User and the Website. In this way, using the SSL protocol is guaranteed: (i) that the User is communicating their data to the server center BOOBLO and not any other, and (ii) that between the User and the server center BOOBLO data are transmitted encrypted, preventing possible reading or manipulation by third parties.

Also, BOOBLO states that it does not have access to or store sensitive data relating to the means of payment used by the User. Only the corresponding entity processing the payment has access to this data as a way of managing payments and collections. Once the purchase process is completed, an electronic document is generated in which the contract is formalized.

Withdrawal

BOOBLO reports that the User has 14 calendar days (i) from the time the User or a third party indicated by the User, other than the carrier, acquires material possession of the product, or (ii) from the time the service is contracted (unless the service has begun to be executed or has been executed in full) to withdraw from the contract of sale as established by law.

Once the period of 14 calendar days, BOOBLO not accept returns for withdrawal of purchases of products.

Also, the User may exercise their right of withdrawal as it deems appropriate, provided that you make a clear statement of its decision, such statement should be sent to BOOBLO, to the email address info@boobloshop.com. The User has 14 calendar days from the statement of his desire to withdraw from the contract to make the product arrive at BOOBLO at the address indicated at the beginning of these Terms of Sale.

Also BOOBLO has 14 days from the unequivocal statement of withdrawal to return the amount of purchase. BOOBLO, may withhold the refund until it has received the goods, or until the User has submitted proof of the return of the same.

We remind you that BOOBLO will make a review of the goods once received, after the exercise of the right of withdrawal by the User and that the User will be responsible for any decrease in value that they may have suffered due to manipulation other than that necessary to establish the nature, characteristics and operation of the product / s. For its correct return, the products must be sent with all its components, instructions, guarantee and other elements that were received with them. So that the User does not see delayed the refund of the amount of the purchase, we recommend that you contact BOOBLO so that it indicates the appropriate way to return each product in question.

The User must bear the cost of returning the product in the exercise of the right of withdrawal, which by the characteristics of the product can be high, amounting to 15 €.

Likewise, we remind you that the right of withdrawal will not be applicable to, among others, contracts that refer to (a) The provision of services, once the service has been fully executed, when the execution has begun. (b) The supply of goods made to the User’s specifications or clearly personalized. (c) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. (d) The supply of goods which after delivery and taking into account their nature have been mixed in an inseparable way with other goods. (e) Contracts where the consumer and user have specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal shall apply to those additional services or goods. We recommend that you consult Article 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the Spanish Regulation for the Defence of Consumers and Users, with regard to the legal exceptions to the right of withdrawal.

Return of Defective Products

The User shall be entitled to a refund of the price, shipping costs and transport costs for the return of defective products or products delivered if they do not correspond to the order placed by the User, in accordance with applicable legislation.

In these cases, the return to BOOBLO of the products may be made in the manner set out in the preceding paragraph or by contacting BOOBLO in the email and telephone contact listed on the Website and in these Conditions of Sale. In the case of return of defective products, or that do not correspond to the order made by the User, BOOBLO will bear the cost of transporting the return of products, provided that the return is made from the same country where the delivery took place.

If the User is absent at the address specified for the return or for any other reason attributable to the User can not be made, it shall bear the costs generated to arrange a second return.

In any case, the defective product(s) must be returned in the same state in which they were received and in their original packaging (except for what is necessary to check the state of the products that make up the order), along with all the components, accessories, instructions, guarantee and elements that were delivered with the defective product(s). Upon receipt, BOOBLO will verify that the order being returned includes all components, accessories, instructions, warranty and elements delivered to the User and, if any are missing, the User shall bear the shipping costs of such accessories or elements pending return.

Cancellation of the order

In the case that, by circumstances of force majeure or by some incidence attributable to BOOBLO, the product is not available after having made the purchase, BOOBLO will inform the User by email of the total or, if necessary, partial cancellation of the order. In the case of total cancellation, the total amount of the order will be refunded and in case of partial cancellation, only the price of products and services not available will be refunded. In the event of non-delivery of a product in orders composed of product sets or complementary products and services, the User may return the remaining products delivered, free of charge.

Guarantees of products and services sold by BOOBLO

The products and services sold by BOOBLO , have two (2) years of warranty, for lack of conformity. The User will have to communicate to BOOBLO the lack of conformity of a product before term of two (2) months from the knowledge of the same one.

Also, BOOBLO will manage the post-sale guarantee as well as spare parts and necessary parts, as established by law.

6 .- EXCLUSION OF GUARANTEES AND LIABILITY.

Sales service

Without prejudice to the provisions of applicable law, BOOBLO’s liability in relation to products and services purchased through the Website will be limited to the purchase price of such products and services.

Operation of the Website.

BOOBLO does not guarantee the availability and continuity of the Website. Whenever reasonably possible, BOOBLO will give prior notice of any interruptions and, where appropriate, termination of the operation of the Website. BOOBLO also does not guarantee the usefulness of the Website for any specific activity, except for the Services offered, nor its infallibility.

BOOBLO excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity in the operation of the Services, or the failure of the utility that Users may have attributed to it, to its fallibility, and in particular, but not exclusively, to failures in access to the various web pages of the portal or those from which the Service is provided.

BOOBLO does not guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system.

BOOBLO excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the content that may cause alterations in the computer system, electronic documents or files of the Users.

BOOBLO does not assume any responsibility derived, from the use that the Users can make of the materials of the Website (inserted or not by BOOBLO) or webs of link, already be prohibited or allowed, in infraction of the rights of intellectual and/or industrial property of contents of the web or of third parties.

BOOBLO does not assume any responsibility for any damage caused to Users as a result of normal or abnormal operation of search tools, the organization or location of content and / or access to the Website and, in general, errors or problems that are generated in the development or implementation of technical elements that the Website or a program provides the User.

BOOBLO does not assume any responsibility derived from the acts or omissions of third parties, regardless of whether these third parties may be linked to BOOBLO by contract.

BOOBLO does not assume any responsibility derived from the access of minors to the contents included in the Website, being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care or install any of the tools to control the use of the Internet in order to prevent access to materials or content not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.

BOOBLO assumes no responsibility for errors or delays in access to the Website by the User when entering their data in the registration form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of force majeure or fortuitous event and any other unforeseeable contingency outside the good faith of BOOBLO.

BOOBLO does not assume any responsibility for failures or incidents that may occur in communications, deletion or incomplete transmissions, so there is no guarantee that the Website is constantly operational.

BOOBLO does not assume any responsibility derived from errors or damage to the Website due to inefficient use and bad faith on the part of the User.

BOOBLO assumes no responsibility for the operation or problems in the email address provided by the user to send the order confirmation.

BOOBLO undertakes to solve the problems that may arise and offer all necessary support to the User to reach a rapid and satisfactory solution to the incidents that may arise on the Website.

Also, BOOBLO is entitled to carry out during defined time intervals, promotional campaigns to promote the registration of new members in its service.

BOOBLO reserves the right, always in compliance with the applicable regulations, to modify the conditions of application of the promotions, to extend them duly notifying, or to proceed to the exclusion of any of the participants of the promotion in the case of detecting any anomaly, abuse or unethical behaviour in the participation of the same (such as massive purchases, commercial activities, fraudulent activity, among others).

7.- WITHDRAWAL AND SUSPENSION OF SERVICES.

BOOBLO , may withdraw access to the Website and the Services offered therein, if it observes or has reasonable suspicion that the User performs through the Website or the Services, any conduct, unfair, contrary to law or these Terms of Use or have an unfair effect, contrary to law or these Terms of Use.

BOOBLO may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who do not comply with these Conditions of Use.

8.- APPLICABLE LEGISLATION

The parties are subject to Spanish law.

Both parties agree to submit to the non-exclusive jurisdiction of the courts of the city of Vigo (Spain), which means that you may claim your rights as a consumer in relation to these Terms of Sale both in Spain and in your Member State of residence in the European Union, provided that you are considered a “consumer” in accordance with the provisions of Directive 1999/44/EC of the European Parliament and the Council.

Questions regarding the Terms of Sale and the Terms of Service can be sent to info@boobloshop.com