Terms of service
TERMS OF SERVICE
TERMS AND CONDITIONS OF USE
SELLING TERMS
SCOPE OF APPLICATION
All our dealings with you are governed by the law of Spain and are within the jurisdiction of the Spanish courts and by purchasing goods from us you agree that all possible disputes and claims arising from any business engagement will be conducted in the courts of Spain.
TERRITORY OF SERVICE PROVISION
The BHIOWE Service is an international service.
PLACING AN ORDER
The person designated as responsible for orders in the contract will be responsible for placing these orders by e-mail to the e-mail address provided by BHIOWE.
The prices indicated in the price list do not include the costs of delivery, unless otherwise indicated.
The prices indicated in the price list do not include any special taxes and/or customs duties, the buyer will be responsible for paying such taxes.
The prices indicated in the price list may be modified by us at any time.
We also reserve the right to increase the prices quoted in relation to accepted orders by a reasonable amount:
- production costs may be increased;
- you modify your instructions after we begin manufacturing;
- you request accelerated delivery;
- you ask us to deliver to another location other than the address from which the order came, or was originally specified.
Your acceptance of our quotation or estimate does not create a contractual obligation between us until we accept your order in writing with the order confirmation and payment cleared of the non-refundable deposit to our account which is 70% of the total order value, unless otherwise agreed in writing.
Unless we agree otherwise in writing, you will be required to pay the deposit set out when you place the order, before we begin work on the order/production of the goods ordered. The quoted delivery time depends on the authorization of the agreed deposit. In the event of any delay in receiving the agreed quantity in full we have the unilateral and automatic right to postpone the delivery time indicated above.
We aim to dispatch the goods as soon as possible and by the dispatch indicated in our quotation and invoice. However, we are not responsible for any delays beyond our control, i.e. in case of force majeure.
Unless we agree otherwise in writing, you will pay us the full balance due in the contract agreement within 10 working days of the date of our invoice and at any time before delivery of the goods.
If you do not pay the balance due by the due date, you will be obliged to pay interest including reasonable legal fees.
If the breach continues for more than 30 days, you will lose payment of deposits until that date and all rights to claim refunds or any compensation from us.
Anything we provide to you will belong to us until payment is made for everything you owe us (or are due) in full without any deduction. If you do not pay by the agreed due date, we reserve the right to enter your premises to claim all that we have supplied, and you will be responsible for compensating any costs or expenses incurred by us, we will not be liable for any damages caused by doing so.
DELIVERY
Once the client places an order and it is received by BHIOWE, the latter will deliver the REQUEST PACK to the address indicated by the client in his order, without a maximum period of days. Please ask our agents for the delivery time of your product.
CUSTOMER OBLIGATIONS
Customer is due to proceed with the payment of the invoice within the period agreed upon in this contract. In the event of non-compliance, BHIOWE reserves the right to block orders following unpaid invoices and/or to cancel this contract with immediate effect. Likewise, in the event of late payment of the order, BHIOWE will claim from the client the amount owed plus interest for late payment, being the sum of the interest rate applied by the European Central Bank to its most recent main financing operation carried out before the first day of the calendar semester in question plus seven percentage points, in accordance with the provisions of Article 7.2 of Law 3/2004 against late payment. The statutory rate of interest on arrears, determined in accordance with the provisions of this paragraph, shall be applied during the 6 months following its setting.
BHIOWE reserves the right to apply, in addition to the provisions of the previous paragraph, compensation for collection costs in the cases provided for in Article 8 of Law 3/2004 against late payment.
Customer is due to pay the service fee when the order is cancelled by the CUSTOMER once confirmed by BHIOWE.
The client commits to place their orders following the rules and procedures established by BHIOWE according to their employees or their normal management needs.
In any case, BHIOWE reserves the right to block the client's orders if it is verified that the client's financial situation may lead to possible non-payment or if the amounts of the orders add up to disproportionate figures in comparison to the client's situation.
BHIOWE'S OBLIGATIONS
Deliver the requested pack to the customer at the address indicated in the order, within a maximum number of days previously agreed with the customer, except in cases of force majeure or other delivery times previously agreed with the customer.
CONFIDENTIALITY
All information of any kind obtained or exposed by both parties is confidential and both parties are obliged to protect this information in the same way as they protect the confidentiality of their own information of a similar nature and not to disclose it to third parties under any circumstances. This confidentiality obligation will exist even after the conclusion of the services covered by the contract.
PRIVACY POLICY
BHIOWE will treat, as the PROCESSING AGENT and in accordance with the provisions of Article 12 of the Organic Law on Data Protection, the data provided by the CLIENT for the provision of the services contracted. BHIOWE undertakes to implement the relevant security measures and may provide such data to those affiliated companies to which BHIOWE has subcontracted the provision of its products or services, which will treat them as SUB-ASSIGNED PROCESSORS and in accordance with Article 12 of the Organic Law on Data Protection. For its part, THE CLIENT, as the party responsible for the file, guarantees that the data have been obtained in accordance with the Organic Law on Data Protection.
The client expressly authorizes BHIOWE to incorporate the personal data relating to the client's contact persons into a file owned by BHIOWE, and to process it in accordance with the Organic Law on the Protection of Personal Data, for the purpose of marketing and providing its products or services. Only BHIOWE employees or departments will have access to such data for the performance of their duties. The owner of the personal data has the right to exercise the rights of access, rectification and cancellation by contacting us by e-mail.
PAYMENT METHODS
The customer may make payments using payment methods available on the website. BHIOWE through SHOPIFY guarantees the security of the data.
BHIOWE does not directly process credit card payments, and therefore it is not possible to save your card information or payment data in our systems. SHOPIFY will always inform us if this payment has been made or not.
EXPORT
In the case of export purchases to non-EU countries, the Canary Islands, Ceuta and Melilla or others, the customs, processing and import taxes will always be paid by the customer upon receipt of the sent material.
SHIPPING COSTS
Shipping costs are applied in different ranges, depending on weight and destination.
WEB TEXTS
We reserve the right to make corrections. In some exceptional cases there may be incorrect text in product descriptions.
WARRANTY AND AFTER-SALES SERVICE
The goods are at your risk from the time we ship them and compensation is required from you for any loss during handling and transportation, unless otherwise agreed in writing.
The goods are at your risk from the time they are delivered, whether or not they are received by you personally.
You must inspect the goods as soon as they arrive. We are not responsible for any defects unless you notify us in writing within 24 hours of observing such defects that existed at the time of delivery. All damage caused by mishandling during transportation is covered by the carrier's insurance and you should contact the insurance provider and/or local or international carriers and shippers directly.
Most products come with a manufacturer's warranty found on their packaging or in their documentation. We do not offer any warranty that exceeds the manufacturer's warranty.
Generally the manufacturer offers a one-year factory warranty valid from the date of delivery, and will be responsible for delivering replacement parts and components to replace damage during the validity of this warranty.
When the buyer is an importer/distributor, the factory warranty is limited to free parts and components, including shipping, and the customer is responsible for customs clearance, taxes, transportation and installation at the final destination. The factory warranty is void in case of mishandling, accidental damage and negligence.
You must follow the instructions provided with the delivery regarding operation, maintenance and service of the goods. If you do not do so, you will indemnify us against any claims at a later stage.
You must follow current health and safety legislation for operation, the handling protocols provided in the device manuals and possible training including proper and professional maintenance of the delivered goods. If you fail to do so you will indemnify us for any related claims.
If we ask you to return the defective products you will do so and the manufacturer will repair them, we will send them back to you and we will also cover the cost of returning them.
If the goods are defective and you inform us in writing as described above about such defects within 24 hours of delivery:
- the manufacturer will repair the goods
- in case of return the manufacturer will replace it as soon as possible after receiving the return.
IN WHICH CASES IS THE WARRANTY NOT PROVIDED?
DAMAGE CAUSED BY WEAR AND TEAR
Please note that our warranty does not cover damage to products that may have resulted from normal wear and tear of the product you have purchased from our store.
MISUSE OR ABUSE
If the product purchased in our store has visual traces of misuse or abuse, this case is also not covered by warranty services. The store may make the repair of the services at your expense.
WARRANTY PERIOD EXPIRED
The warranty begins on the date of purchase of the sales receipt. Once the warranty period has expired, our after-sales service will be available for the repair of your device with repair and travel charges or, if applicable, shipping costs.
MISUSE
The use not allowed for another use from which the device was created, for example: the use of household equipment for commercial or professional use.
UNAUTHORISED REPAIR SERVICES
When the product has been tampered with or is being repaired by service companies not authorized by the manufacturer, you lose your right to free warranty service.
THE USE OF UNAUTHORIZED SPARE PARTS OR CONSUMABLES
When the product has stopped working due to the use of unauthorized spare parts or consumables, the store does not assume any responsibility for the incident. Use authorized spare parts if you want to keep your warranty valid.
CLEANING THE PRODUCT
If the purchased product has been cleaned with products not authorized by the manufacturer. Lack of cleaning or maintenance on some products can also lead to breakdowns. Please contact an agent to provide you with all the information regarding the cleaning of your product.
CHANGES AND RETURNS
CAN'T BE RETURNED:
Those products that are made with a Customized Configuration (Law 47/2002 of retail trade regulation).
The consumables that have been unsealed.
The articles that are indicated On Demand.
PRODUCTS DAMAGED IN TRANSPORT:
If, when you receive your order, you find that the packaging is damaged, you must state this on the delivery note that you sign to the carrier.
In the case of physical damage to the product, due to transport, and not visible in the external packaging, you must notify the transport agency that made the delivery or BHIOWE to manage it, within 24 hours of delivery.
REMARKS
Any variation of these conditions will not be valid unless we accept it in writing and these conditions prevail over any other conditions intended to be imposed.
Unless otherwise indicated, BHIOWE retains ownership of all intellectual property rights, including the software and materials contained in the products sold and their various models.