CONTRACTING TERMS AND CONDITIONS
These sale conditions regulate the agreement between BeMuse and the customer, formalized through the Website “https://bemusedance.com/”. They have an indefinite period of validity and will be applicable to all contracts made through this website.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods contracted by the Customer is
RAQUEL MENDIVIL PITA telephone number (+34) 619509663 and email address info@bemusedance.com
Hereinafter the owner will be referred to as “BeMuse”.
On the other hand, the Customer, registered on the website by means of a username and password, for which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to BeMuse. These conditions set out the contractual document that will govern the contracting of products through this website.
SUBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual sales relationship between BeMuse and the Customer at the time when the Customer accepts the corresponding box during the online contracting process. The contractual relationship of purchase and sale entails the delivery of a specific product in exchange for a determined price which is publicly displayed on the website.
Purchase procedure
In order to place an order through the Website, the Customer must be of legal age and must be the final customer. Minors are expressly excluded.
In order to place an order on the BeMuse website, the customer must be registered.
How to place an order through the “Shopping Cart”
In order to place an order through the BeMuse website you must follow these steps:
(Describe here the purchase process of your website, FOR EXAMPLE):
Choose the desired products and add them with the “ADD TO CART” button.
Finalize the purchase by clicking on “CHECKOUT” if the order is complete.
If the customer is not registered, they must do so at this time. If they are already registered, they simply need to enter their data.
Select the “Payment Method”
Click xxxxxxxxxx to confirm order.
To finish, click on “xxxxxxx”. After this, a message like this must show: “xxxxxxxxxxxxxxxx”
At this time the customer’s order is registered and begins to be processed in the warehouse.
They will shortly receive an email confirming the “xxxxxxxxxxxxx”
BeMuse may change the Terms of Sale at any time, without notice to the Customer. However, BeMuse will announce such a change if an order is cancelled due to availability, and BeMuse will refund (if applicable) the value of the order. Shipping costs are never refunded, except in the circumstances described in the Returns section. Once the Customer has received confirmation of their purchase from BeMuse, the Conditions of Sale applicable to them cannot be modified.
Product availability
The completion of an order through the Website is subject to the availability of the chosen products.
If the ordered product is not available or if it is out of stock, the Customer will be notified via email and will be refunded the amount paid within 14 days of payment.
BeMuse’s right to cancel or not accept an order
BeMuse reserves the right to reject any order, cancel it or not accept a confirmed order for the following reasons:
- a) There was a technical or pricing error on the Website when the Order was placed.
- b) The product listed in the order is not available.
- c) The payment information provided was incorrect or unverifiable.
- d) Security systems indicate that the order is anomalous or may be fraudulent.
- e) There are reasons to believe that the Customer is a minor.
- f) If BeMuse has not been able to deliver the order to the address provided, after 2 attempts.
If an order is cancelled for any of the above reasons, BeMuse will refund the value of the order and the shipping costs paid, except for the failed deliveries detailed in point “f”.
Data Verification
Before processing an order placed by the Customer, BeMuse can verify the Customer’s data: their address, the Customer’s creditworthiness and whether there may be any fraud involved. With respect to potential fraud, BeMuse may use a partially automatic check of all purchases to filter out those deemed anomalous or suspected of fraud. In the event of detecting suspected fraud orders, they may be communicated to the relevant authorities, which may take legal action against them.
PRICE AND PAYMENT
Price & Currency
The prices and offers presented on the Website include VAT (Value Added Tax) and are only valid for orders placed online through the Website. Prices are expressed in Euro.
Payment method
The Customer can use the following methods to pay for the order:
PayPal
Credit cards: Visa, Visa Electron, MasterCard or American Express. The charge will be made after the order is confirmed
Bank Transfer.
Price Changes
Prices displayed on the Website may be subject to change. BeMuse reserves the right to change prices without prior notice. However, after confirmation of payment by the customer, the prices may not be varied.
Value added tax
In order to comply with the VAT applicable under the distance selling rules, supplies shall be deemed to be made in the Member State which appears at the delivery address.
In this way, all purchases made through the Website that are to be delivered within the territory of any of the member states of the European Union will be subject to VAT.
Purchases that must be delivered in the territories of States not members of the European Union, or in the Canary Islands, Ceuta or Melilla will be exempt from VAT.
DELIVERY
Where and when
All packages destined for Spain and Portugal are shipped with the company Nacex.
International packages are sent with UPS, Zeleris, Seur or Correos depending on the destination.
Orders to the Canary Islands, Ceuta and Melilla will have to be made by email. Contact: info@bemusedance.com
Delivery time
Orders are normally delivered:
Shipments to the Iberian Peninsula take 1 to 3 working days from the time of shipment.
Once we receive the order, it may take 24 hours to be processed and prepared for shipment.
Shipments to the Balearic Islands take an average of 3 working days to be delivered.
Shipments to the Balearic Islands take an average of 3 working days to be delivered.
No deliveries are made on public holidays. The delivery time is normally met and, although BeMuse cannot guarantee punctuality, all orders are delivered within 30 days of the date of confirmation of receipt of the order, at the latest.
Verification on receipt
The Customer must verify the status of the goods upon receipt. If the packaging is damaged, the Customer must not accept delivery. BeMuse informs that the delivery must be verified within a reasonable period of time after receipt. In the event that no communication of rejection of the products has been received within 14 days of delivery, BeMuse will consider that the Customer has accepted it. This does not affect the rights that the current legislation grants to the client in terms of guarantees.
SHIPPING COSTS
Shipping charges apply to each order.
Shipments throughout Spain, excluding the Canary Islands, Ceuta and Melilla are made at a cost of €5.
We also ship to all countries of the European Union for a cost of €15.
International shipping worldwide is for 30€.
Shipping will be free for purchases over xxxxx€.
RETURNS
Returning defective products:
The Customer has the right to return defective or non-compliant products. The Customer has 14 days from the moment of delivery to detect the non-conformity of the product, to inform BeMuse about the defect or non-conformity, and to proceed with the return of the product to BeMuse.
If the Customer returns the product because it is defective, BeMuse will refund the value of the product and the shipping costs, in addition to the direct costs of the return, within a maximum of thirty days of receipt by BeMuse of the product in question.
Return of products for any reason (Right of revocation)
If the Customer is not satisfied with the purchased products, for whatever reason, they have 14 calendar days from the date of delivery to return the product without giving any explanation. The Customer may return the purchased product, provided that: The product has not been altered. The product is complete (items that make up a pair must be returned together).
The Customer must return the product and bear the return costs. Products must be returned in their original packaging and labels, along with a return note. BeMuse will carry out an inspection of the returned goods. BeMuse will refund the Customer the price of the product within a maximum of thirty days after receiving the notification of return of the product. The customer must also bear the costs of return.
Change of products CHANGES ONLINE (SPANISH PENINSULA ONLY)
We offer the possibility to make a change of size, model or color with our door-to-door exchange service for an amount of €7. To do this, fill in the form at the bottom of this page and write: CHANGE OF GARMENT.
Fill in the form at the bottom of this page indicating that you want to make a CHANGE OF GARMENT/SIZE/COLOR.
We will reply by email to manage the collection and delivery process of the new garment. We will send a link to pay for the service.
The customer will prepare the garment to be delivered to the courier and will receive the exchange at their address within 1-3 working days. It’s that simple.
No changes will be made in the case of tailor-made, customized and/or mended garments.
Our exchange service is not available for INTERNATIONAL shipments outside Spain. This will require a return and subsequent purchase of the new garment.
ONLINE RETURNS.
We refund the order amount (except the shipping costs) by means of the same payment method used for the purchase. This is not applicable to sale and Outlet products (see sale returns policy below), accessories, underwear or tailor-made, customized and mended products. Purchases made with a voucher will be returned with another voucher.
To return an order, the following instructions must be followed:
Fill in the form at the bottom of this page indicating that you want to RETURN an order.
We will reply within a maximum of 5 days and send the details for the customer to send the garment with the courier service of their choice.
Refund
BeMuse will refund the amount paid, once it has received the returned product and has verified its good condition. The amount will be refunded within a maximum period of 10 working days from receipt of the piece/s by means of the the same payment method used for the purchase: credit card, Paypal or voucher, if it was used to make the purchase.
BeMuse reserves the right not to accept returns when:
The return notice is outside the stipulated period.
Returns are shipped after the deadline.
Product has no label
Product is used or in poor condition.
Loss of non-registered mail packages (no tracking).
More than two returns have been made with the same voucher received by the Customer.
Customer obligations. The Customer is required to return the product in perfect condition, with the original and intact packaging and labeling, conveniently packaged in its original box and properly protected. The product to be returned must be in the same condition in which it was received by the Customer.
SALES AND OUTLET
Discount and Outlet returned products will be refunded in a discount voucher to be used on the website or store without an expiration date.
FORCE MAJEURE
BeMuse shall not be liable for any breach due to unforeseen circumstances or causes beyond the control of, including cases of force majeure, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortage of transportation, facilities, fuel, energy, labor or materials. In case of delay, there may be an exemption from benefits, to the extent that it is delayed or prevented for such reasons, and for the entire period of time in question.
RESPONSIBILITY
These Terms of Sale set out all of BeMuse’s obligations and responsibilities with respect to the supply of products. There are no warranties, conditions or other terms that are binding on BeMuse, except those that are expressly mentioned in the Terms of Sale.
Nothing in these Terms of Sale limits or excludes BeMuse’s liability to
death or personal injury caused by BeMuse’s negligence, fraud, any breach of obligations under existing national laws or any liability that cannot be excluded by law.
APPLICABLE LEGISLATION
Purchases made through the BeMuse website and under these Conditions of Sale are subject to Spanish law.
EUROPEAN COMMISSION PLATFORM
The European Commission provides a platform of law suit resolution witch is available in the following link:
http://ec.europa.eu/consumers/odr/
In accordance with Art. 14.1 of Regulation (EU) 524/2013.
The site can only be used if “you are a consumer resident in the EU, if you have complaints about products or services purchased or contracted online to a company established in the EU”, as quoted from Platform’s portal. It is therefore incompatible with conflicts involving other countries.