Purchase Conditions

This page (together with the referenced documents) contains the Conditions of purchase of the products (the \"Products\") that appear on our website. https://bengalaspain.com/es/ (“Web”).

We ask you to read these Conditions carefully before proceeding to purchase the products offered by INVERSIONES EMPRESARIALES BENGALA, S.L. Placing an Order implies acceptance of these Conditions. The Conditions are available to you at all times on this page.

Domain ownership https://bengalaspain.com/es/

Domain https://bengalaspain.com/es/ corresponds to the company INVERSIONES EMPRESARIALES BENGALA, S.L., (onwards, BENGALA SPAIN) residing in Calle José Luis de Casso, 58 - 41005 - Sevilla.

Purpose and scope of application

The purpose of these General Conditions is to determine the regulation of the content and products offered to customers who visit or buy on the website. https://bengalaspain.com/es/, and the relationships established between them and the domain manager, BENGALA SPAIN.

Said Conditions shall apply preferentially, to the exclusion of any others, to all commercial transactions related to the products offered on the website. https://bengalaspain.com/es/.

The language in which the contract between BENGALA SPAIN and the client is Spanish.

Communication between parties

The client accepts as valid the notifications and communications that BENGALA SPAIN send it by electronic means to the addresses or telephone numbers that you have indicated when opening your customer account or placing an order.

For these purposes, said electronic communications will have full effect as if they were made in writing, except mandatory legal prescription.

Intellectual property

These Conditions are the intellectual property ofBENGALA SPAIN its use in whole or in part for any commercial purpose is prohibited, without our prior written consent.

All the content of the virtual store (including brands, designs, photographs, images, text, page layouts, logos, button icons, software or processes, etc.) are protected by the legislation on intellectual and industrial property rights and not Its reproduction, public communication, transformation or distribution by any means is allowed without prior express authorization from BENGALA SPAIN, or from the third party owners thereof.

The illegal use of the same will be prosecuted.

Our responsibility

The web https://bengalaspain.com/es/ sells valid products in accordance with Spanish legislation, declining all responsibility derived from the applicable legislation on the matter in countries outside of Spain.

We are committed to making our best efforts to guarantee the availability, within the limitations derived from the very nature of electronic commerce, at a distance and not in person, of all the products offered on the web, with a commitment to diligence and efficiency.

We do not assume any responsibility for (i) direct or indirect damages not attributable to our direct breach of these Conditions, (ii) defrauding of the expectations that the client would have subjectively made or (iii) business losses (including lost profits, sales or actual or anticipated income, lack of liquidity or return on capital, business with third parties, reputation, goodwill or clientele, etc.).

Likewise, BENGALA SPAIN will not be responsible for delays or non-compliance with our obligations assumed here when they are due to causes beyond our diligent control or effort or are due to force majeure.

Obligation of the client and user

When the user formalizes the purchase of any BENGALA SPAIN product through the web https://bengalaspain.com/es/ will be subject to these general conditions and the particular conditions that will be shown during the purchase process on the website. Placing an order implies the legally binding acceptance of these Conditions.

Similarly, when placing an order on our website, the client claims to have a minimum of 18 years, sufficient legal capacity to contract in Spanish territory, except in the case that he wishes to finance his purchase, in which case the financing entity requires a minimum of 21 years, and the veracity of the data offered for the correct management of your order. The client is obliged to provide complete and truthful information about their personal data necessary to process their order requests in adequate conditions. It is also obliged to immediately communicate any modification of said data as soon as it occurs. All the data provided will be treated as indicated in the Privacy Policy.

The client is responsible for guaranteeing, by all reasonable means at their disposal, the security of passwords, bank details and other confidential data of a sensitive nature of their client account, diligently avoiding access to them by third parties, BENGALA SPAIN is not responsible for the damages or losses derived from an improper use of the same, which will be borne by the client.

The customer must immediately notify BENGALA SPAIN of any theft or fraudulent appropriation by third parties of said data, or of the reasonable suspicion that this has occurred or may occur. The customer assumes the additional costs arising from the incorrectness of the delivery data provided or the failure to receive or collect the duly supplied products.

Buy on the website

In order to make a purchase through the Web, the customer must open a Customer Account by properly completing the electronic form available for this purpose in accordance with the instructions detailed. All prices, both for products and transport services, are inclusive of VAT, unless legally required to present the price in a different way. All orders require the acceptance of the prices and characteristics of the products detailed in their sales file.

The validation of the order implies full knowledge and acceptance of these General Terms and Conditions, as well as conformity with the product and its characteristics and price. In addition, it will be necessary to accept the Privacy Policy for the correct execution of the contract.

To be able to place an order on our website you must reach a minimum of 10€ tax included (excluding shipping and handling or other costs).

Presentation and availability of products

BENGALA SPAIN endeavours to ensure that the products are shown and described as accurately as possible. Should there be any error or omission in the presentation, BENGALA SPAIN declines all responsibility. The photographs illustrating and complementing the descriptive text of the products do not form part of the contractual scope. In the event of unavailability of products, BENGALA SPAIN undertakes to notify the customer as soon as possible, cancelling the shipment and refunding the amount of the order to the customer.

Shipping

The estimated delivery time of the order depending on its destination and costs will be as follows.

For shipments to the Peninsula, delivery will be in 24-72 hours on working days and the fixed shipping cost is 3,95 € tax incl. if the weight is less than 20kg.
For shipments to the Balearic Islands, delivery will take 3-5 working days and the fixed shipping cost is 14,95 € tax incl. provided that the weight is less than 20kg.
For deliveries to the Canary Islands, Ceuta and Melilla, VAT will not be applied to orders placed by customers in these areas. However, these orders may be subject to local import and/or customs duties.

The delivery time can be around 7 - 10 working days.

In the Canary Islands, there is a fixed shipping cost of 24.95€ tax included, with a maximum weight of 20kg which cannot be exceeded.

In Ceuta and Melilla, there is a fixed shipping cost of 19,95€ incl. tax (shipments weighing less than 20kg) with a maximum weight of 20kg which cannot be exceeded.

IMPORTANT: The customer must pay the destination charges of the Autonomous Community (IPSI, IGIC) together with the relevant handling charges.

SAD (Canary Islands, Ceuta and Melilla): The SAD is the administrative document used to comply with customs formalities such as export, import or transit. It also serves as the basis for the subsequent tax declaration and provides information on the goods, their origin, value, taxes, etc. The SAD fee applies to each shipment (not to each product) and is stipulated by the transport company.

For deliveries to Portugal, VAT will be charged and delivery may take 3 - 5 working days.

It is the customer's responsibility to make sure at the time of delivery that the shipment is in good condition. In this way, if the box is open or if the appearance of the packaging gives rise to doubts or suspicions about infringements to the inviolability of the product, the customer should not receive it, noting these circumstances on the carrier's delivery note and notifying BENGALA SPAIN in writing within 24 hours, at the following e-mail address info@bengalaspain.com.

Methods of payment

The customer can choose between the different methods of payment accepted on the Website.

Payment by card. You can pay for your purchases with your Visa and Mastercard. BENGALA SPAIN guarantees these payments securely through the secure virtual POS. We recommend that you have your PIN on hand for card purchases.

PayPal. You can pay for your purchases using the secure PayPal payment gateway.

Financing. Payment can be made in different instalments and instalments, and an extra and variable surcharge is applied depending on the amount of your order. All the information here.

Cash on delivery: You can pay for your order when you receive it at the delivery point. An extra charge of €2.99 applies.

Payment by bizum: You can pay through this option as long as it is active with the Bank.

Payment security. BENGALA SPAIN will make every effort to guarantee the confidentiality and security of the data transmitted via the web and on the website. https://bengalaspain.com/es/.

Right of withdrawal

The customer may cancel the order placed, without the need for justification, up to 14 calendar days after the day on which the customer or the third party indicated by the customer, other than the carrier, has received the product.

To exercise this right, you must contact BENGALA SPAIN by calling 664596923 or via info@bengalaspain.com and indicate your wish to cancel the order.

If you have just placed your order and it has not been prepared in our logistics centre, you will be reimbursed within 72/96 hours by the same payment method you used to place your order.
If the order has already been completed, prepared or shipped, you must refuse receipt of the goods in order for the carrier to refuse the order. As soon as we receive the goods, we will reimburse you as soon as possible without the cost of shipping.

If you have already received it, you may return it after delivery within 14 days, provided that the product is unused and in the same condition as it was received.

In order to comply with the withdrawal period, it is sufficient that the communication regarding your exercise of the right of withdrawal is sent before the withdrawal period expires. Once the right of withdrawal has been exercised, we will reimburse the relevant amounts within 14 days of receipt of the goods using the same means of payment used for the initial transaction, with the shipping and return costs being borne by the customer. However, this amount may be withheld until we have received the goods and have checked that they are not damaged. If an order is placed by cash on delivery, and after the order has been sent and the customer decides to reject it without a justified reason, the customer will be registered and will not be able to use this method of payment on subsequent occasions according to the company's policies.

Incomplete orders

In the event that the order has arrived incomplete, you should check if the product is listed on the invoice. If so, please contact our claims department to resolve the incident at info@bengalaspain.com or by calling 664596923 within 24 hours of receipt. Once our warehouse has made the appropriate checks, we will proceed to ship the missing merchandise provided that we have that product in stock. In the event that we do not have the product in stock, we will notify you so that you can choose between (i) waiting for the product to arrive at our warehouse or (ii) refunding the money for the products included in the order that have not been shipped. The refund will be made using the same payment method used for the initial transaction within 72/96 hours of you notifying us of your decision.

Wrong product

In the event that the order includes the wrong product, please first check whether it is listed on the invoice with the characteristics you have chosen. It may be that you selected, for example, the wrong colour during the purchase. If the product received does not match the one on the invoice, please contact our complaints department to resolve the incident at info@bengalaspain.com or directly from your customer account via the web. You must notify us of the receipt of the wrong product within 24 hours of receipt. The complaints department will collect the wrong product free of charge and, once it arrives at our warehouse, will exchange it for the correct product, if there is stock, which will be sent to you free of charge. In the event that there is no stock we will notify you so that you can choose between (i) waiting for the product to arrive at our warehouse or (ii) refunding the money in the same payment method you chose when making the purchase. The refund will be made using the same payment method used for the initial transaction within 72/96 hours of you notifying us of your decision.

Defective products

If the product that has been received has any damage, you must immediately contact our complaints department within 24 hours of delivery of the order, by email at info@bengalaspain.com or via your customer account on the website. In order for your claim to be accepted, you must send us a photograph of the damaged product, a photograph of the box and a photograph of the shipping label on which all the information on the label is visible. The claims department will collect the incorrect goods free of charge and, once they arrive at our warehouse, will exchange them for the correct product, if there is stock, which will be sent to you free of charge. In the event that there is no stock we will notify you so that you can choose between (i) waiting for the product to arrive at our warehouse or (ii) refunding the money in the same payment method you chose when making the purchase. The refund will be made using the same payment method used for the initial transaction within 72/96 hours of you notifying us of your decision.

Repayment deadlines

Refunds for withdrawal or return of an order may take up to 14 calendar days from receipt of the goods at our premises. After that time, refunds by bank card or PayPal usually take no more than 48 hours from the time the payment is generated. If after a few days you still haven't received your money back, please contact us via the contact section of the website.

Applicable law and jurisdiction

These Conditions, together with those contained in the purchase form, constitute this contract and shall be interpreted in accordance with Spanish law. In the event of any dispute arising from these Conditions, the parties submit to the Courts and Tribunals of Madrid for the resolution of conflicts.

Modification of the conditions of sale

BENGALA SPAIN reserves the right to make changes to its website, its policies and its terms and conditions, including these Conditions of Purchase, at any time. You will be bound by the Conditions of Purchase in force at the time you place your order, unless, by law or by requirement of public authorities, a change to these Conditions must be made (in which case, such changes may be applicable to any orders you have previously placed). If any of these terms and conditions are found to be invalid, void or for any reason unenforceable, then that condition shall be deemed severed and such finding shall not affect the validity and enforceability of the remaining conditions.

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