GENERAL CONDITIONS OF CONTRACT
In this agreement, personalised products shall be understood as those products that have been created using designs provided by the customer. Similarly, standard products shall be understood as those products that have not been created using designs provided by the customer and are part of Blue Atoll swimwear’s regular collection.
1. ORDER CONFIRMATION
From the moment a purchase is made and these Terms and Conditions are accepted, the User shall become a Customer of the company. Any product or service subsequently offered by Blue Atoll swimwear shall be subject to a new contract. If the customer wishes to more carefully review the terms and conditions, the document may be printed on paper or saved electronically.
Blue Atoll swimwear informs you that it archives electronic documents of the purchase. In the event that the Customer makes an error on sending details, it may be corrected in the Section “My Account” and any correction shall be taken into account for future purchases. If the error should be with regard to an existing order, the Customer should contact the Customer Service Department.
The online store is open 24 hours a day and 365 days a year, except when maintenance work is required. When this is the case, we will make every endeavour to undertake the work at times when visitor flow is lowest. In order to make a purchase on www.blueatollswimwear.com you must be 18 years of age and own an acceptable credit card. Please refer to Section 12 below to see the credit cards we accept.
The following are the situations when we may reject an offer or cancel a purchase without liability for damages or costs, having notified the Customer and reimbursed any payment made:
– The Customer payment details are incorrect or not verifiable.
– An order is apparently fraudulent, or is related to an offence or any other illegal activity.
– An unintentional error at the online store, for example, a payment error, etc…
– There is reason to believe that the customer is under age.
– International orders that require shipping outside of Mainland Spain or Balearic Islands.
In order to protect our customers and maintain security when shopping online, we may check details provided by the Customer when an order is placed. These checks may include the verification of addresses and payment methods with the aim of preventing fraud.
When you have completed your order, you will be sent an email confirming your order. You may check the status of your order by accessing your www.blueatollswimwear .com customer account. In order to do so, you must log in to your user account.
2. PRINTING PERSONALISED PRODUCTS
Blue Atoll swimwear will make every effort to match colours as closely as possible. Naturally, the quality of printing will depend on the quality of the original image provided by the Customer. For this reason, if it is considered that the quality of the image is not of the required standard, Blue Atoll swimwear will notify you in order to ensure that you are happy with the final details before proceeding with production. Therefore, Blue Atoll swimwear cannot accept returns for personalised swimwear.
3. LIABILITY FOR THE PRINTING OF TRADEMARKS
Blue Atoll swimwear cannot use any licensed or copyright images, logos or registered trademarks submitted by the Customer for reprint unless the Customer has acquired written permission from the owner to do so.
In this regard, Blue Atoll swimwear shall accept no liability for any claims or charges arising from material printed on behalf of the Customer and which may be of an illegal or libellous nature. Nor shall Blue Atoll swimwear be held liable for any infringement of copyright or patent or any other similar right as a result of complying with the express wishes and instructions, either expressed or implied, of the Customer.
The Customer shall be responsible and obligated to pay any legal costs arising from such matters. Blue Atoll swimwear reserves the right, at all times, to cancel or refund, as the case may be, and with immediate effect, any order with regard to images which Blue Atoll swimwear considers to be protected by copyright, or may be detrimental to the brand name of Blue Atoll swimwear.
4. PAYMENT METHODS, DUTIES AND TAXES
Orders shall be paid for in accordance with the payment methods stipulated on the Website (see Visa and Mastercard credit cards and PayPal). For international orders, multiple items or major purchases, Blue Atoll swimwear reserves the right to request payment by bank transfer. Orders cannot be paid COD.
– All prices which appear on the Website include Value Added Tax (V.A.T).
– Purchases made by natural persons or legal entities resident outside of the EU shall be exempt from VAT.
– For tax purposes, the Canary Islands, Ceuta and Melilla are considered to be territories outside of the EU.
4.1. DUTIES WITH REGARD TO NON- EU ORDERS
For orders placed by customers from non-EU countries, each country has its own import duties which are not included in the prices on the Website and must be paid in cash by the consignee when the order is delivered.
Standard items will be delivered within approximately 72 hours. Personalised products must be tailored in accordance with the design provided by the Customer and shall be delivered to your postal address in approximately 15 days. Products cannot be delivered to post office boxes.
These are the delivery rates according to the shipping address:
– Spain, Portugal, Andorra: 5 €
– Germany, Austria, Belgium, Denmark, France, Netherlands, Hungary, Italy, Luxembourg, Monaco, Poland, Czech Republic, United Kingdom, USA : 10 €
– Bulgaria, Finland, Greece, Ireland: 15 €
Blue Atoll swimwear shall not be held responsible for any delay due to border checks at destination, nor if the consignee chooses not to accept a delivery, nor in the case that incorrect delivery details have been provided, nor if it is impossible to effect delivery due to problems with the carrier and/or customs. Blue Atoll swimwear is relieved of any liability for delay in delivery of a product due to factors or circumstances outside of the control of Blue Atoll swimwear, force majeure, or human, mechanical or accidental error.
6. RETURNS AND EXCHANGES POLICY
6.1. INCORRECT OR FAULTY PRODUCTS
If the Customer receives a product different to the one requested due to an error on the part of Blue Atoll swimwear, the correct product shall be delivered without any additional cost for the Customer. If the Customer should receive a product which is broken, damaged or in poor condition, Blue Atoll swimwear shall replace the item with another that is in good condition and at no additional cost.
6.2 EXCHANGES / RETURNS
If, for any reason, you are not satisfied with your purchase, you can return the goods, in perfect condition, within a maximum period of 14 calendar days for standard items from the date of purchase. Blue Atoll swimwear shall not accept the return of personalised items given that they are tailored exclusively for each customer.
We will provide you with a full refund for the goods, using the same payment method used by the Customer for the original purchase, within 7 calendar days from the date on which the order was received. Return and delivery costs cannot be reimbursed unless the right of withdrawal has been exercised (see section 5). In the event that the product is not returned in its original packaging, its cost shall be deducted from the repayment.
Returns should be sent to our business address under the responsibility and at the expense of the purchaser- BLUE ATOLL SWIMWEAR – Av de la Ribera de Axpe, 11. 48950 Altzaga (Bizkaia). SPAIN.
As proof of return, we recommend that you keep your proof of posting slip when you return an item in order to be able to track your delivery and prevent loss. Once we have verified that the items returned to our Centre are correct, you will be sent confirmation by email with details of the sum to be refunded via the same payment method used for the purchase. Please bear in mind that, depending on your bank, it may take a few days for the balance to appear in your account.
7. RIGHT OF WITHDRAWAL
We would like to inform you that you have the right to withdraw from this contract within 14 calendar days without giving any reason. The Customer shall have no right of withdrawal if the product is a personalised product ordered by the Customer. In order to exercise the right of withdrawal, we must be notified of the decision to withdraw from the contract in an unequivocal statement to:
BLUE ATOLL SWIMWEAR
Av de la Ribera de Axpe, 11. 48950 Altzaga (Bizkaia). ESPAÑA.
Tel (+34) 944 47 02 50
You may use the following sample, but you are not obliged to:
I, the undersigned, hereby declare that I wish to exercise my right of withdrawal in relation to the contract for the purchase of the product/s below:
Reference number (for each item acquired): ______________________
Order Number: ________________________________________________
Ordered on (date): _____________________________________________
Received on (date): ____________________________________________
Signature (only for notification on paper): ________________________
7.1. CONSEQUENCES OF WITHDRAWAL
If you withdraw from this agreement, we shall reimburse all payments which we have received from the purchase, including delivery costs (excluding any additional costs resulting from your opting for a type of delivery other than the cheaper standard delivery offered) immediately and, at the latest, within 14 calendar days from the date on which we receive your notification of withdrawal from this contract. For this repayment, we will use the same payment method which you used for the original purchase.
We may refuse this repayment until we receive the returned goods, or until you have provided evidence that you have returned the goods. The goods must be returned or delivered immediately and, in any case, at the latest, within 14 calendar days from the date on which you inform us of the withdrawal from this contract. This period shall be observed provided that the goods are dispatched prior to the end of the period of 14 calendar days.
The goods should be returned to our business address under the responsibility and at the expense of the purchaser. The goods must be in perfect condition. In the event that the product is not returned in its original packaging, its cost shall be deducted from the repayment.
In the event that you exercise your right of withdrawal, you are only responsible for any loss of value of the goods if such loss of value is the result of handling not required to determine the suitability, characteristics and function of the goods.
8. FORCE MAJEURE
Blue Atoll swimwear shall not be responsible for fulfilling the terms set out in this contract in the event of war, natural disasters, labour disputes, government regulations, delivery failure by the supplier and/or extraordinary circumstances beyond the control of Blue Atoll swimwear.
9. APPLICABLE LAW
These general conditions of contract shall be interpreted in accordance with the laws in force in Spain which shall be collaterally applied for any situation not foreseen in this contract, and any dispute shall be submitted to the Courts and Tribunals of Bilbao.