TERMS OF USE
Object and Miscellaneous
These General Terms of Use, Terms of Sale and
Privacy Policy (hereinafter ‘Terms of Use’) govern the use of the website www.billowyshop.com (hereinafter ‘the
Website’) owned by Arserras S.L. (hereinafter ‘Arserras’). Arserras is a
Spanish limited liability company with place of business at calle Ricardo
Zamora, number 4, 45510 Fuensalida (
Through its website www.billowyshop.com, Arserras provides
information on its products and services and offers the possibility of buying
the same. Due to the content and purpose of the Website, anyone wishing to buy
any of its products (hereinafter ‘clients’) shall have to complete all the
fields on the form before placing an order and mark consent to and acceptance
of the Terms of Use as updated and posted at the time of access to the Website.
In any case, certain Website pages may be
accessed by individuals and companies who do not actually make any purchase
whatsoever (hereinafter ‘users’). In this respect, users accessing those parts
of the Website agree to be bound by the terms and conditions contained in these
General Terms, to the extent applicable to them.
Arserras would advise its clients and users
that it is addressing people aged over 18 only.
PRODUCT INFORMATION
The descriptions of the products on display at
the Website are intended to be as close as possible to the finished product.
The information given on each product and the product pictures or videos are
however provided for the guidance only.
PRICES
All product prices listed on the Website include VAT. However, these prices do not include the product shipping expenses, which are separately listed.
AVAILABILITY
Arserras informs the client that Arserras
shall in no case deliberately offer for sale more units than those held in
stock and will use its best efforts to serve the demand for products of all its
clients. However, it may sometimes happen, due to circumstances reasonably
beyond Arserras’ control, such as human error or information technology system
incidents, that the quantity ultimately offered for sale differs from what is
actually held in stock.
If the product is out of stock after the order
is placed, the client shall be informed by e-mail that it has been cancelled in
full or in part. Partial cancellation of the order because the product is out
of stock shall not allow the entire order to be cancelled. If upon this
cancellation occurring the client should wish to return the product delivered,
then the provisions of the section Return shall be observed.
PAYMENT
The client agrees to pay upon placing the
order. Delivery expenses shall be added to the initial price listed at the
website for each of the products on offer at the applicable rates, where
appropriate. In any event, the client will be advised of those rates before
completing the purchase.
The proof of purchase underlying the purchase
order shall be sent to the e-mail address provided by the actual client when
completing the order form.
The client shall pay the amount shown on the
order by credit or debit card payment.
SECURITY
Arserras has the highest level of security
commercially available in the sector. In addition, the payment procedure runs
on a secure server using the SSL (Secure Sockets Layer) protocol. The secure
server establishes a connection for the information to be transmitted by
128-bit encryption, which ensures that it will be intelligible only to the
client’s and the Website’s computer. Accordingly, use of the SSL protocol
guarantees:
-That the client is communicating the data to
Arserras’ server centre and not to any other purporting to be that centre.
- That data is transmitted encrypted between
the client and Arserras’ server centre, preventing it from being read or
manipulated by third parties.
In addition, Arserras represents that it has no
access to and therefore does not store confidential data as to the payment
means used. Only ‘La Caixa’ has access to that data in order to manage payments
and collections which are not accessible to other parties.
PLACING ORDERS
Upon the order being completed, the Terms of Use being accepted and the purchase procedure being
confirmed, Arserras shall always send the client an e-mail confirming the
details of the purchase made.
CANCELLING ORDERS
Arserras will accept order cancellations
when requested before the orders are dispatched from our warehouses. For
cancellation, you should access My Orders, enter your username and password and
cancel the order. No cancellations requested by e-mail shall be accepted.
Once the order has been despatched, no order
cancellations shall be accepted for operational reasons. If you should
nevertheless wish to cancel the order once it has departed from our warehouses,
you should proceed to return the same, taking the steps set out in the Returns
section.
Dispatches are made at 3 pm daily.
DELIVERY LEAD TIMES,
LOCATIONS AND LOSS
Arserras agrees to deliver the product in
perfect condition at the address designated by the client on the order form. In
order to optimise delivery, we would appreciate the client specifying an
address at which the order may be delivered during normal working hours.
Arserras shall not be liable for delivery
errors when the delivery address entered by the client on the order form is
inaccurate or omitted.
Arserras informs the client that a same order
may be divided into several deliveries.
The lead time set for deliveries shall be not
more than 48 hours after departure from our warehouses for deliveries on the
Each delivery shall be deemed to have been when
the courier company makes the product available to the client, and this shall
be ascertained through the control system used by the carrier.
In the event of late delivery of orders
attributable to Arserras, the client will be able to cancel the order in
accordance with the procedure described in the ‘Returns’ section. No late
delivery shall be deemed to have occurred where the order is made available to
the client by the carrier within the agreed time and delivery could not be made
for reasons attributable to the client.
If
at the time of delivery the Client is absent, the carrier shall leave a note
specifying how to arrange a new delivery
If
the order cannot be delivered 3 to 5 working days after being despatched for
delivery, it will be returned to our warehouses and the Client shall have to
bear the delivery expenses, even if two or more pairs have been bought, if the
order was made from the Peninsula or the Balearic Isles, or three or more
pairs, if the order was made from any other country. In addition, the Client
shall bear the expenses of returning the goods to their point of departure, and
associated handling expenses, if any.
These
expenses shall be taken from the amount paid upon the goods being purchased.
If
the reason why delivery cannot be made is because the package has been lost,
our carrier shall start an investigation. In these cases, the time for our
carriers to reply usually ranges between one and three weeks.
The client shall check that the package is in
good condition in front of the carrier delivering the product ordered on behalf
of Arserras, specifying on the delivery note anything wrong with the packaging.
If, subsequently, after checking the product, the client should detect anything
wrong such as that the package is bumped, broken, shows signs of having been
opened or has been howsoever damaged by carriage, the client agrees to report
to Arserras by e-mail as soon as possible and within not more than 7 working
days from delivery.
RETURN
All products bought at Arserras may be returned
and refunded, provided that the client returns the product/s purchased to
Arserras within not more than 20 working days from the date on which the order
is placed and the other requirements set down in this section are satisfied.
Arserras shall only accept returns satisfying
the following requirements:
If the return is attributable to Arserras (the
product is faulty or is not what was ordered) the delivery and return expenses
caused shall be paid at the same time as the money is refunded. However, if the
reason is any other (the products were properly delivered but are not what you
expected), you shall bear the cost of the delivery and return expenses. Upon
receiving the return, Arserras shall check the condition of the product and
proceed to refund the money, if appropriate.
Arserras shall not be liable for any expenses
caused by returns made disregarding the steps set out in this procedure.
Product return shall result in a refund
equivalent to the cost of the products returned, minus delivery and return
expenses, if the return is attributable to the Client.
Arserras will also refund the relevant delivery
expenses to the client only if the product delivered is faulty or wrong.
Partial returns and cancellations shall result in partial refunds.
Arserras shall manage the money refund order
under the same system used for payment within 48 hours of checking that the
returned order has arrived at the warehouse. Whether the refund is applied to
the client’s account or card shall depend on the card and the issuer. The time
for that application shall be up to 7 days for debit cards and up to 30 days
for credit cards.
INTELLECTUAL PROPERTY
Arserras holds all rights in and to the
content, design and source code of this website and including in particular,
but not limited to, the photographs, images, texts, logos, designs, trade
marks, trade names and data posted at the website.
Clients and users are advised that those rights
are protected by Spanish and international intellectual property laws in force
for the time being.
In addition, and notwithstanding the above, the
content of this website is also considered to be a computer program and is
therefore also governed by all Spanish and European Union regulations in force
on the subject.
Any full or partial reproduction of this
website, indeed through a hyperlink, or of any of its content, shall be
specifically forbidden without Arserras’ express written consent.
In addition, any full or partial reproduction
of this website, indeed through a hyperlink, or of any of its content, shall be
strictly forbidden without Arserras’ express written consent.
In addition, copying, reproduction, adaptation,
modification, distribution, marketing, public communication and/or any other
action whatsoever in breach of Spanish and/or international intellectual
property regulations for the time being in force, and the use of the website
content, shall be strictly forbidden, other than with Arserras’ express prior
written consent.
Arserras informs that no constructive licence
or authorisation whatsoever is granted in and to the intellectual property
rights or in and to any other right or title directly or indirectly related to
the content posted at the website.
WEBSITE ACCESS AND BROWSING. OUR CONTENT
Clients and users are fully responsible for
their conduct in accessing the website information while they are browsing the
same, and after access.
Accordingly, clients and users shall be solely
liable to Arserras and third parties for:
Arserras reserves the right to update the
content whenever it considers it appropriate to do so, and to eliminate, limit
or prevent access to the same, for the time being or for good, and to refuse
access to the website to clients and users improperly using the content and/or
failing to observe any of the terms set out herein.
Arserras informs that it does not warrant:
Clients or users must bear in mind that the
information contained on this website is given for and with informational and
guidance purposes and effects, and accordingly:
Arserras does not warrant the accuracy of the
information contained on this website and therefore shall accept no liability
whatsoever for any potential damages or inconvenience to users derived from any
inaccuracy existing on the website.
OUR LIABILITY
Arserras shall accept no liability whatsoever
including, but not limited to, any liability deriving from:
1.
Any forbidden or permitted use by
clients or users of the materials on this website or linked websites in breach
of the intellectual property rights of the website or third-party content.
2.
Any damages and losses to clients
and users caused by a normal operation or malfunctioning of the search tools,
the organisation or location of the content and/or access to the website and,
in general, errors or problems arising in the development or implementation of
the technical elements that the website or a program provides to the user.
3.
The content of web pages which
clients or users may access to from authorised or unauthorised links included
on the website.
4.
The access by minors to the content
included on the website, since their parents or guardians will be responsible
for properly controlling what their children or minors in their care do or
installing tools for controlling the use of the Internet to prevent (i) access
to materials or content unsuitable for minors, and (ii) sending of personal
data without their parents’ or guardians’ prior consent.
5.
Communications or talks in the
course of debates, fora, chats and virtual communities organised
through or around the website and/or linked websites, nor shall it therefore be
liable for any damages and losses sustained by private and/or collective users
or clients as a result of those communications and/or talks.
Arserras shall under no circumstances be liable
in the event of:
PRIVACY POLICY
Clients and users agree to browse
the website and use the content in good faith.
In fulfilment of Organic Personal
Data Protection Act 15/1999, you are hereby advised that by completing any form
existing on the website www.billowyshop.com
or submitting an e-mail to any of our addresses you accept this privacy policy,
and give your consent for Arserras to process the personal data you may
provide.
Client data shall be used for
e-mailing website-related advertising and promotions and for delivering
purchases.
Merely by visiting the website,
users do not provide and are not bound to provide any personal information
whatsoever.
The computer hosting the website
uses cookies to improve the service provided by Arserras. These cookies are
automatically installed in the computer used by clients and users but do not
store any information whatsoever related to them.
Arserras agrees to keep strictly
secret and confidential the information provided to it and to use it only for
the aforementioned purposes.
Arserras takes it for granted that
the data is entered by the data subject or anyone authorised thereby, and that
it is truthful and accurate.
Users shall be responsible for
updating their own data. The client shall be entitled to access, correct,
eliminate and object to all personal data included on the various registration
forms at any time. In order to exercise this right, the client shall have to go
to www.billowyshop.com and enter username
and password. Therefore, the client shall be liable for the truthfulness of the
data and Arserras shall not be liable for the inaccuracy of clients’ personal
data.
In accordance with the data
protection laws in force for the time being, Arserras has put in place security
levels suited to the data provided by clients and has, in addition, installed
all means and taken all steps within its reach to prevent loss, improper use,
alteration, unauthorised access and removal thereof.
SEVERABILITY
In the event of any clause of these
Terms of Use being decreed to be invalid, the remaining clauses shall continue
to be valid and shall be construed bearing in mind the parties’ intent and the
actual purpose of these Terms of Use.
Any failure by Arserras to exercise
any of the rights and authorities conferred herein shall at no event be
construed as a waiver of the same other than upon an express acknowledgement by
Arserras or limitation of the remedy available in each case.
AMENDMENT OF THE TERMS OF USE
Arserras reserves the right to
change at any time the presentation and layout of the website and these General
Terms. Arserras therefore advises the client to read them carefully on each
access to the website. Clients and users shall have these Terms of Use available
at all times in a visible location, freely accessible to be viewed as required.
In any event, it is a prerequisite that the Terms of Use be first accepted
before the purchase of any product available on the website.
APPLICABLE LAW AND ARBITRATION
These Terms of Use shall be governed
by Spanish laws applicable on the subject. For the resolution of any matter or
dispute arising in connection with these Terms of Use, the parties submit to
the jurisdiction of the courts in the city of
LAST UPDATED NOVEMBER 2010
