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1. Parties

On the one hand, Bresme Madrid, S.L. with NIF B45460169 and address at Avda. de la Constitución, 248, 45950 Casarrubios del Monte, Toledo, Spain. With e-mail address info@bresme.com and telephone number +34 91 817 09 90 concessionaire of the domain of the website www.bresme.com. And on the other hand, the buyer, understood as any user according to the provisions of the Particular Conditions of Registration, of legal age in accordance with Spanish legislation, who accesses www.bresme.com and completes the steps established therein for the purchase of one or more of the products in its catalogue, including the acceptance of these conditions.

2. Object

The purpose of these conditions is to regulate the purchase by the buyer of any of the products offered by Bresme Madrid, S.L. on its website www.bresme.com in exchange for the corresponding economic consideration in accordance with the provisions of Stipulation 4 below.

3. Purchasing process

3.1. How to order

The purchase process is simple and can be carried out through the website itself. To purchase through the website, any user must first identify themselves (username and password) in the customer area, represented by a pictogram of a human silhouette in the top right-hand corner. In the same area you can also request registration as a web customer by filling in the registration form (registration will not be immediate). You will be notified by sending you the credentials by e-mail.

Once identified, the user can browse the product catalogue and add the products of interest to the shopping basket, specifying the number of units per reference.

Once this is done, the user must:

  • Click on the shopping basket and select "Buy". If the user wishes to modify the order, he/she can do so, adding or deleting products.
  • At this point, the user will be asked to review the information displayed on the screen, to add all the necessary data and to select the chosen payment method.

Currently, the available payment methods are as follows:

  1. Debit or credit card: Mastercard and Visa cards are accepted for payment. In this case we will need you to provide us with your card information for the sole purpose of processing the payment.
  2. Paypal: for more information, you can visit the website http: www.paypal.com
  3. Transfer: Account No.: ES51 2100 4888 7322 0001 5777. By this method, the order will be confirmed once the correct reception of the transfer has been verified.
  4. Bizum.

After reviewing the order and depending on the payment method selected, the user must proceed to payment and thereby confirm their willingness to purchase and formalize the sale and purchase, after accepting these conditions.

Bresme Madrid S.L. will confirm receipt of the buyer's willingness to purchase and, if applicable, will also confirm payment. You authorize us to issue an invoice in electronic format, although you may at any time indicate your wish to receive an invoice in paper format by sending an e-mail to info@bresme.com, in which case we will issue and send you the invoice in this format at no additional cost.

4. Pricing and Shipping Policy

The prices of the products that appear on the website are set by Bresme Madrid S.L. and are shown in EUROS and do not include taxes, these will appear on the final invoice. However, the information relating to taxes is subject to change as a result of changes in the same.

With regard to the transport and delivery costs of the products, these vary depending on the type of customer and the delivery address, and are reflected in the customer's own conditions when registering.

Unless there are circumstances arising from the personalization of the products, or except in cases of force majeure, understood as unforeseen or extraordinary circumstances, we will send the order within the specific period indicated on the website, depending on the selected shipment and, in any case, within a maximum period of 7 days from the confirmation of the order.

5. Acceptance of the General Conditions of Purchase

When the purchase is made entirely through www.bresme.com, the buyer must read these conditions and accept them by clicking on the corresponding consent checkbox, which is unchecked by default, at the end of the purchase process.

6. Right of withdrawal

Bresme Madrid S.L. offers the possibility of withdrawing from your purchase within a period of fourteen (14) calendar days from receipt of your order, without the need for justification, provided that the product has not been used or damaged. In the case of an order with multiple products that are delivered separately, the period shall start to run from the day on which material possession of the last good is acquired.

In the event that you wish to exercise your right of withdrawal, you must inform us by sending e-mail to atencionalcliente@bresme.com.

6.1. Consequences of withdrawal

In the event of withdrawal, we will refund to the customer all payments received after the purchase, excluding delivery costs, without undue delay and in any event not later than 14 calendar days after we have been informed of the withdrawal decision.

We may withhold reimbursement until we have received the goods back, or until the customer has provided proof of return of the goods, whichever is the earliest.

The consumer shall only be liable for any diminished value of the goods resulting from the customer's handling of the goods other than what is necessary to establish their nature, characteristics or functioning.

The goods must be returned in identical condition to that in which they were delivered, with all their containers and packaging. The refunded amounts shall be paid by the same means of payment used for the purchase.

7. Obligations of the parties

7.1. Obligations of Bresme Madrid

By virtue of these Conditions, Bresme Madrid undertakes to:

  • To use its best efforts to carry out the necessary formalities for the reception of the order by the buyer.
  • Provide the buyer with the necessary documentation to receive the order.
  • Comply with any other obligations contained in these terms and conditions or any other applicable terms and conditions.

7.2. Obligations of the buyer

By accepting these conditions, the buyer undertakes to:

  • Pay in due time and form the corresponding amounts, including taxes, duties and fees. If this does not take place in the last step of the purchase process, this will exempt Bresme Madrid S.L. from the fulfillment of its obligations.
  • Be responsible for the authenticity and accuracy of any data that has been provided to make the purchase.
  • To assume the responsibility derived from not complying with the requirements demanded by Bresme Madrid to hold the condition of buyer or from not possessing the documentation required to place the order.
  • Comply with any other obligations included in these conditions or in any other conditions that may be applicable, such as the General Conditions of Use or the Specific Conditions of Registration, and assume any liability arising from non-compliance, leaving Bresme Madrid completely indemnified.

8. Legal warranty

We inform you that if you contract as a consumer and user, we offer warranties on the products that we sell through this website, in the terms legally established for each product, responding for the lack of conformity of the same that is demonstrated within a period of two years from the delivery of the product.

9. Exclusión de responsabilidad

Under no circumstances shall Bresme Madrid be liable for any damages caused to the buyer for reasons attributable to the latter.

Bresme Madrid S.L. shall only be liable for damages caused to the buyer as a result of purchases made through the website, when they are derived from a fraudulent act of the buyer.

By way of example only and without the intention of being exhaustive, Bresme Madrid shall not be liable for:

  • The usefulness for the buyer of the products purchased through www.bresme.com. In particular, the usefulness of the live material acquired through the website, as this depends on circumstances such as weather, seasonal, environmental conditions...
  • The suitability of the products to the real needs of the buyer.
  • Personal injury or damage to property resulting from the use of the products.
  • Damage to the products when these have been caused by the company responsible for their transport.
  • The buyer must check before each use, the condition of the product and whether it is the appropriate item for the function to be performed.
  • The non-fulfillment of his obligations due to force majeure such as, but not limited to, strikes or without being exhaustive, internal or external strikes, natural disasters, non-compliance by the company responsible for transport, etc.

The buyer acknowledges that the products ordered are purchased at their own risk, and the activity of Bresme Madrid is limited to the execution of the material tasks necessary to deliver the products selected. Under no circumstances is Bresme Madrid S.L. responsible for the choice of products made by the buyer, even if Bresme Madrid S.L. has advised the buyer in this respect, and for the lack of diligence on the part of the buyer when checking the specifications of the products ordered.

In any case, the liability assumed by Bresme Madrid S.L. towards the buyer shall in no case include loss of profit and shall be limited, in any case, at most and for any reason whatsoever, to the total amount received by Bresme Madrid S.L. from the buyer in accordance with the stipulation on economic conditions of these conditions.

10. Compensation

Failure by the buyer to comply with these conditions or any other applicable conditions may result in damages for Bresme Madrid S.L. In this regard, the buyer shall be obliged to compensate the latter for any damage, harm, loss or cost (such as lawyers' and solicitors' fees).

Likewise, if any type of claims or proceedings are brought against Bresme Madrid S.L. as a result of non-compliance by the buyer, the buyer shall indemnify Bresme Madrid S.L. against such claims, and the latter may claim any expenses, costs, damages or losses arising from the same.

11. Modifications

Bresme Madrid S.L. reserves the right, at any time and without prior notice, to update and/or modify these conditions.

Said modifications will come into force as soon as they are published on www.bresme.com by any means and in any form.

The modification of these conditions will only affect buyers who accept them after such modification.

12. General questions

12.1. Safeguarding and interpretation of these Conditions

The present conditions, the particular conditions accepted from time to time and any other conditions applicable to the buyer constitute a single agreement between the buyer and Bresme Madrid.

In the event of contradiction between the provisions of these conditions and any other conditions subscribed between the parties, the terms and conditions of these conditions shall prevail over the provisions of these conditions, unless the stipulations included in these conditions state otherwise

The fact that any of the parties, due to impossibility or convenience, does not demand strict compliance with any of the terms of these conditions at any given time, does not imply and cannot be interpreted as a modification, in whole or in part, of these conditions, nor as a waiver on their part to demand compliance with their strict terms in the future.

The declaration of invalidity of one or more of the stipulations of these conditions by a competent authority shall not affect the validity of the remaining stipulations. In this case, the contracting parties undertake to negotiate a new stipulation to replace the nullified stipulation as closely as possible to the nullified one. If the replacement becomes impossible and the Stipulation is essential to the present conditions, in the opinion of the party harmed by its elimination, the latter may opt for the termination of the conditions.

Any reference in these conditions to an article or body of law that is repealed shall be deemed to be a reference to the equivalent provision that replaces it.

12.2. Language

The language applicable to these conditions is Spanish. If versions of these conditions have been offered in other languages, this has been done as a courtesy, for the convenience of the buyer. The buyer accepts that these conditions will always be governed by the Spanish version. If there is any contradiction between what is stated in the Spanish version of these general conditions of purchase and what is stated in any of its translations, the Spanish version shall prevail.

13. Complaints, claims and out-of-court dispute resolution

For any complaint or claim, you can contact us through our contact forms on our website www.bresme.com or by telephone number, email or postal address indicated in the first clause of these conditions. We also inform you that we have official complaint forms available to consumers and users. Your complaints and claims to our customer service department will be dealt with as quickly as possible and, in any case, within the legally established period. They will also be registered with an identification code that we will inform you of. If as a consumer you consider that your rights have been violated, you can send us your complaints to the email address atencionalcliente@bresme.com in order to request an out-of-court settlement of disputes.

We inform you that if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us, accessible through the Internet address http://ec.europa.eu/consumers/odr/.

14. Applicable law and jurisdiction

The relationship between Bresme Madrid S.L. and the user shall be governed by Spanish law. Any dispute arising from or related to the contracting carried out through the website shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. When the contracting is carried out by an entrepreneur, the courts and tribunals of the city of Toledo, Spain shall have jurisdiction.

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