TERMS AND CONDITIONS

Last Updated: June 23, 2021

1. Purpose and acceptance of the terms and conditions

These terms and conditions (hereinafter, the Terms and Conditions) regulate the conditions of use of the web platform https://bigchildcreatives.com (hereinafter, the website), as well as the conditions of sale applicable to purchases of the products that the user makes through our online store available on the website.

CAs a necessary condition to access the website, as well as to formalize an order, the user must be of legal age and have the legal capacity to enter into contracts. In addition, the user must be the holder of the bank card used to pay for the products.

The access, navigation and use of the website attributes the condition of user (in what follows, the user) and implies the express and unreserved acceptance by the user of all the Terms and Conditions, for which we ask you to dedicate some minutes to read them. If you do not agree with any of the conditions, please refrain from using the website, its services and functionalities.

Likewise, placing any order and / or payment to Bigchild Creatives Studio necessarily implies full, express and unreserved acceptance of all the clauses of the terms and conditions of sale, as well as the Privacy Policy, regarding data processing provided by the buyer.

2. Identification of the company that owns the website

The owner of the website is:

• Company name: Big Child Products and Design, S.L. (hereinafter, Bigchild Creatives Studio)
• CIF number: B-86714862
• Registered office and offices: C / Camino de las Hormigueras, 124 portal A 3ºJ, C.P. 28031 from Madrid (Spain)
• Registration data: Registered in the Madrid Mercantile Registry, Volume 31054, Folio 81, Page M558912, 1st Inscription

If you have any questions regarding these Terms and Conditions, you can contact Bigchild Creatives Studio at the email address [email protected].

3. Main characteristics of the products marketed on the website

The main characteristics of the products that can be purchased on the website are those described on the website itself. The purchase of products for later resale is not allowed.

4. Conditions of access and use of the website

The user agrees to make proper and lawful use of the website and the content and services offered therein, in accordance with current legislation, the Terms and Conditions, good faith, public order and the usual uses and customs. accepted.

Bigchild Creatives Studio reserves the right to deny, interrupt or withdraw, at any time and without prior notice, access or use of its website or any of its content and / or services, if it detects a use contrary to those present Terms and Conditions.

5. Purchase process / Terms and Conditions of sale

5.1 Order registration

If the user wishes to place an order, they will choose the products of their interest, select them by clicking on the “Add to cart” box and must follow the online purchase procedure enabled.

On the website, at any time, the user may:

• get a summary of the products you have selected, by clicking on your “shopping cart”, which constitutes the budget;
• continue with your product selection by clicking “Continue shopping”;
• finalize the selection of products, if you are satisfied with the budget shown, and order the products by validating your basket and clicking on “Finish Order”.

The user will have to register on the Platform, or log in if they have already done so previously, and include or modify their contact and tax details. From this moment on, the order will remain in the “my account” section where you will also find personal data that may be modified at any time.

It is considered that an order has been placed on the website, and accepted the Terms and Conditions -which must be printed and filed by the buyer-, once the buyer has validated their payment. Acceptance of the Terms and Conditions constitute an obligation to pay and the unreserved acceptance of the order by the buyer, as well as an authorization for Bigchild Creatives Studio to issue the invoice electronically. In any case, the buyer may indicate to us at any time his desire to receive a paper invoice, by contacting our customer service.

Once the payment is made, the buyer will receive an order confirmation email, which will include details of the products purchased and their personal data, including the delivery address.

5.2 Means to identify and correct errors

In the event that the buyer detects an error in the order or the data provided during the registration or purchase process, they can modify them by sending an email to [email protected]

5.3 Prices

All prices listed on the website are expressed in euros (€) and, unless otherwise indicated, include all taxes in force at the time of placing the order.

Bigchild Creatives Studio reserves the right to modify product prices at any time and without prior notice, but such changes will not affect orders placed and confirmed.

Prices do not include shipping costs, the amount of which may vary depending on the amount of the order and the destination, as indicated in clause 4.5 “Shipping costs” of the Terms and Conditions. The shipping costs will be shown before the buyer registers the order.

5.4 Payments

The means of payment accepted by this website are the following: debit or credit card, Paypal or bank transfer. The User will be redirected to a secure payment gateway so that he can enter the card details. Bigchild Creatives Studio does not have access to the data in it. On the bank’s gateway, you will identify yourself as the cardholder, for which you will be asked for some verification data.

Bigchild Creatives Studio reserves the right to suspend all the procedures and delivery of the order in case it cannot make the payment for any reason, non-payment or refusal of authorization to pay with the selected card. In this case, the contract will be considered unfinished and, therefore, the sale will not be formalized.

Bigchild Creatives Studio is not responsible for the fraudulent use of any payment method. The buyer guarantees that he has the necessary authorizations to use the payment method he has chosen for his order. No fraudulent use of the bank card may give rise to any refund by Bigchild Creatives Studio.

5.5 Shipping and delivery costs

The shipping and delivery of the products purchased on the website is carried out worldwide.

Delivery is made at the address indicated by the buyer, applying the shipping costs shown below, taking into account the total weight of the package. Handling and packaging costs are free.

SHIPPING COSTS SPAIN

• Zone 2: Palma de Mallorca (PMI)
• Zone 3: Andorra (AD)
• Zone 4: Islas Canarias (IC)
• All prices are in EUR and include VAT.
• The prices reflected in this rate are valid until December 31 of the year of their listing and are subject to the General Price Rise (GPI) effective on January 1 of each year.
• Customs duties, taxes and related charges are not included. Shipping insurance is available. For more information contact our Customer Service department.

SHIPPING COSTS REST OF THE WORLD

• All prices are in EUR and include VAT.
• The prices reflected in this rate are valid until December 31 of the year of their listing and are subject to the General Price Rise (GPI) effective on January 1 of each year.
• Customs duties, taxes and related charges are not included. Shipping insurance is available. For more information contact our Customer Service department.

CORRESPONDENCE BETWEEN COUNTRIES AND ZONES

The order will be delivered within seven (7) working days after receipt of payment, through our transport provider or ordinary postal service with a tracking number. Likewise, in the event that the products are to be delivered through our transport provider, the buyer will receive, by email, their package number (Tracking Number) to be able to track the order using the link that appears in the email.

Free shiping is available for order unver 175 € (vat excluded) for registered users.

A first delivery will be made to the shipping address indicated by the buyer and, if said delivery is unsuccessful, the courier will contact the buyer to set a new delivery date. At this time, the buyer can confirm the delivery date and address. If in the second delivery the buyer is also absent, the Customer Service will contact the buyer to determine a new delivery or, failing that, the package will be returned to us. Shipping costs incurred by Bigchild Creatives Studio to attempt delivery will not be refunded.

In the event that Bigchild Creatives Studio is unable to deliver a requested product after the conclusion of a contract because the good is not available or unforeseen circumstances occur within the delivery period, we promise to immediately notify you of the unavailability of the product or such circumstance and to reimburse you without undue delays the payments you have made, where appropriate, for the product and its delivery.

The products will remain the property of Bigchild Creatives Studio until full payment of the purchase price is made, even if they have already been delivered.

If the products have been damaged in transit, the buyer will have to report any visible damage to the carrier who delivered the package.

5.6 Legal guarantee

All products for sale on the website benefit from the legal guarantee in accordance with the contract at the time of delivery (as defined in Royal Legislative Decree 1/2007, of November 16, by which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws) and Bigchild Creatives Studio must proceed, as appropriate, to the repair, replacement, price reduction or resolution of the contract, steps that they will be free for the buyer.

In application of this guarantee, Bigchild Creatives Studio is liable for any lack of conformity that appears in the products within a period of two (2) years from delivery, but the buyer must inform Bigchild Creatives Studio of the lack of conformity in the within two (2) months since you became aware of it. Failure to comply with said two (2) month period will not entail the loss of the corresponding right to reorganization, the buyer being, however, responsible for the damages or losses actually caused by the delay in communication.

Any claim under the aforementioned legal guarantee must be justified and submitted through Bigchild Creatives Studio Customer Service at the following email address [email protected].

If the claim is justified, Bigchild Creatives Studio will reimburse the transport costs and may request the return of the product in suitable packaging. The buyer must provide a receipt in order to obtain reimbursement of transport costs.

Products modified, repaired, integrated or added by the buyer are excluded from the legal guarantee. The guarantee also excludes cases of bad or incorrect use of the product (s), negligence, blows or improper manipulations or any other action that is harmful.

6. Right of withdrawal

6.1 Period of exercise of the legal right of withdrawal

In accordance with article 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the buyer has the period of 14 (fourteen) calendar days, counted from the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires material possession of the requested products, to exercise their legal right of withdrawal without indicating the reason and without incurring any cost.

6.2. How to exercise the legal right of withdrawal

To exercise the right of withdrawal, the buyer, before the withdrawal period expires, must notify us of his unequivocal decision to withdraw from the contract, for example, a letter sent by post or email from Bigchild Creatives Studio:

• Postal address: Camino de Hormigueras 124, 3 J. 28031 Madrid
• Email: [email protected]

You can use the model withdrawal form that appears as an annex to these Terms and Conditions, although its use is not mandatory.

6.3 Product return conditions

The products must be returned to Bigchild Creatives Studio in the original delivery conditions, including the packaging, that allow for a new commercialization (products in perfect condition accompanied by their original packaging or that have the same level of protection, accessories, brochures … .), without undue delay and, in any case, within 14 (fourteen) calendar days after having communicated your withdrawal decision. Product returns will not be accepted beyond this period.

Only the buyer will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and, where appropriate, the correct functioning of the products.

6.4. Consequences of exercising the legal right of withdrawal

If the products meet the conditions to be subject to the legal right of withdrawal, the buyer who exercises his right of withdrawal in the conditions provided in this clause, in terms of terms and methods of return of the products, will have the right to the return of all the payments made for the returned products, as well as the original shipping costs of the order, without any undue delay and, in any case, no later than 14 calendar days from the date on which the decision to withdraw is informed of the contract. Bigchild Creatives Studio will proceed to make said reimbursement using the same means of payment used by the buyer for the initial transaction, unless it has expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement. However, Bigchild Creatives Studio reserves the right to withhold the refund until the products have been received, or until the buyer has provided proof of their return, depending on which condition is met first. The direct shipping costs for the return of the products will be borne by the buyer.

In accordance with article 120 of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the costs of returning the products will be borne by the buyer, except in the case of lack of conformity of the products in relationship with those requested in the order (in this case, these return costs will be borne by Bigchild Creatives Studio).

The exercise of the right of withdrawal by the buyer does not entail making changes to the products purchased. Thus, if the buyer returns a product in accordance with the previous paragraphs, and wants a new product, he must place a new order on the website and satisfy the price of the new product and, where appropriate, the corresponding shipping costs. Bigchild Creatives Studio will not proceed to the total or partial compensation of the expenses of the new order with the return of the products returned by the buyer.

6.5 Exceptions to the right of withdrawal

The right of withdrawal may not be exercised for products that have been made according to the specifications of the consumer and user or clearly personalized.

7. Customer Service

For any doubt, question, comment, complaint or claim regarding the order and / or the products of Bigchild Creatives Studio, the buyer can contact us through the contact form provided on the website, or at the following address email: [email protected].

8. Liability and Force Majeure

Bigchild Creatives Studio undertakes to deliver the products under the conditions specifically promoted on the website. However, for technical reasons, there may be slight chromatic variations between the color of the products that appear on the website and the actual colors of the products that are delivered.

Likewise, all the rights that the legislation in force guarantees to consumers and users in the framework of electronic commerce and the applicable guarantees by virtue of the Consolidated Text of the General Law for the Defense of Consumers and Users are guaranteed.

Bigchild Creatives Studio does not assume any responsibility in case of delay or total or partial breach of its obligations under the Terms and Conditions if this delay or breach is attributable to a third party or the buyer himself, or is caused by an act constituting force higher.

The use made by the user of the website will be the sole and exclusive responsibility of the latter, keeping Bigchild Creatives Studio harmless from any damage and / or harm that, directly or indirectly, may cause the user, Bigchild Creatives Studio or third parties. , for the non-observance of these Terms and Conditions.

Bigchild Creatives Studio is not responsible for damages and / or losses of any nature that the user or a third party may suffer derived from:

• The lack of availability, maintenance or effective operation of the website, its services or contents and, especially, when it is due to computer failures, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads around the systems or mechanisms that allow its operation. In this sense, although Bigchild Creatives Studio will adopt various measures to protect the website and its contents against computer attacks by third parties, it does not guarantee the absence of viruses or other elements introduced by third parties that may cause alterations in the physical or logical systems of the users or in the documents, files and files stored in their systems.
• The lack of usefulness, veracity, adequacy or suitability of the website, its services or its contents for the needs or expectations of the user.

9. Intellectual property

The user acknowledges and accepts that Bigchild Creatives Studio, by itself or as assignee, is the owner of all intellectual and industrial property rights over the web domains, as well as the contents and / or any other elements of the website ( including, but not limited to, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, presentation, audio and video, etc.), or its licensors who have specifically authorized Bigchild Creatives Studio its use.

In no case does access to or browsing the website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise in writing.

All intellectual and industrial property rights over the contents of the website are reserved and, in particular, the reproduction, distribution, transformation, public communication or use / exploitation, by any means and in any form, all or part of the contents included in it, unless it has the prior, express and written authorization of its owner.

The user agrees to respect the intellectual and industrial property rights owned by Bigchild Creatives Studio and / or third parties, accepting the responsibility derived from the violation of any of these rights, leaving Bigchild Creatives Studio or any other third party that may be affected undamaged. as a consequence of the user’s actions.

10. Procedure in case of violation of intellectual and industrial property rights

In the event that the user or third party considers that any of the content has been entered on the website in violation of their intellectual and industrial property rights, they are requested to immediately notify Bigchild Creatives Studio, by going to the postal or electronic address indicated in section 2, indicating said circumstance, its complete and precise data and the intellectual property rights allegedly infringed.

11. Data Protection

Bigchild Creatives Studio collects personal data from the user and, where appropriate, the buyer. The purpose, recipients and conditions under which Bigchild Creatives Studio collects and processes personal data are presented in the website’s privacy policy.

12. Links

In the event that the website contains links or hyperlinks to other websites, Bigchild Creatives Studio will not exercise any type of control over said sites and content. The function of these links is exclusively to inform the user about the existence of other sources of information, where they can expand or complete the information offered on this website.

In no case, Bigchild Creatives Studio will assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity of any material or information contained in any of said hyperlinks or other Internet sites, nor the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user’s documents or files.

Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

13. Modifications

Bigchild Creatives Studio reserves the right to make, unilaterally and without prior notice, the modifications it deems appropriate in the presentation and / or configuration of its website, its products and contents, as well as in these Terms and Conditions. In any case, these changes will not be applicable to orders already made by the buyer, which will be subject to the version of the terms and conditions of sale that he accepted at the time of the order.

14. Partial nullity

If any clause or provision of these Terms and Conditions is considered invalid or unenforceable, the validity and applicability of the rest of the provisions will not be affected. Such invalid or unenforceable provision will be replaced by a valid and enforceable provision.

15. Applicable law and competent jurisdiction

These Terms and Conditions are subject to the application of Spanish law, which will apply to what is not provided in these Terms and Conditions regarding interpretation, validity and execution.

Unless legal provision to the contrary, any controversy or litigation related to the interpretation, fulfillment or breach of the contract entered into between Bigchild Creatives Studio and the buyer will be governed by the rules of the Spanish legal system and will be submitted to the competent courts. For cases in which the regulations provide the possibility for the parties to submit to a jurisdiction (not consumers), both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid .

If the BUYER is a consumer, nothing in this clause will affect the rights recognized as such by the General Law for the Defense of Consumers and Users. In addition, Bigchild Creatives Studio reminds the buyer that they can access the online dispute resolution platform of the European Union by following the following link: https://ec.europa.eu/consumers/odr, through which they can be processed claims of contracting made online.

ANNEX 1: MODEL WITHDRAWAL FORM

(You only have to fill in and send this form if you want to withdraw from the contract)

– For the attention of (here you must insert the name of the employer, his full address and, if he has them, his fax number and his email address):

– I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*) sale contract of the following good / provision of the following service (*)

– Order on / received on (*)

– Name of the consumer and user or consumers and users

– Domicile of the consumer and user or consumers and users

– Signature of the consumer and user or consumers and users (only if this form is submitted on paper)

– Date

(*) Delete as appropriate