GENERAL TERMS AND CONDITIONS

 

This contractual document shall govern the purchasing and delivery of products through the website www.messageinthebottle.es, property of BABY BOTTLE POST COMPANY S.L., hereinafter the PROVIDER.

 

Accepting this document implies that the USER:

- Has read and understood the above.

- Is a person with sufficient capacity to enter into contract.

- Assumes all obligations set forth herein.

 

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER's website.

 

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

 

Identity of the contracting parties

 

On one part, the supplier of the goods contracted by the USER, BABY BOTTLE POST COMPANY S.L., whose registered address is at Calle Pare Garí, 69 - 2ª - 08800 Vilanova i la Geltrú (Barcelona), with NIF B66404401 and telephone number for customer service +34938937362.

 

And on the other part, the USER, registered on the website by means of a username and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

 

Purpose of the contract

 

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

 

The contractual trade relationship involves the delivery of a specific product, in exchange for a certain price which is publicly displayed on the website.

 

Communications

To communicate with us, we put at your disposal different means of contact that we detail below:

Tel.: +34938937362. Hours from Monday to Friday, from 9.00 - 14.00 h.

Email: comunicacion@messageinthebottle.es.

Mailing address: Calle Pare Garí, 69 - 2º 2ª 08800 Vilanova i la Geltrú (Barcelona).

 

All notifications and communications between USERS and the PROVIDER shall be considered effective, for all purposes, when they are carried out through any means of those detailed above.

 

Contracting procedure

 

The USER, in order to access the products offered by the PROVIDER, must register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

 

The USER selects a username and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can proceed to immediately block them.

 

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

 

1.     General contracting clauses.

2.     Shipment of orders.

3.     Right of withdrawal.

4.     Claims.

5.     Force majeure.

6.     Competency.

7.     General information of the offer.

8.     Price and period of validity of the offer.

9.     Shipping costs.

10.   Payment method, expenses and discounts.

11.   Purchase process.

12.   Applicable warranties.

13.   Returns.

14.   Applicable law and jurisdiction.

 

 

1.  GENERAL CONTRACTING CLAUSES

 

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

 

 

2.  SHIPMENT OF ORDERS

 

The PROVIDER will not ship any order until it has been verified that payment has been made.

 

Shipment of goods will usually be made using EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination indicated by the USER.

 

Delivery dates or times are approximate, and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, the customer will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.

 

The delivery period is usually between 2 and 5 working days (see table), depending on the delivery location and payment method chosen. This period is providing that the goods have been confirmed as available and the full payment of the order has been verified.

 

COUNTRY

DELIVERY TERM

España

2 days

Portugal, Italia, Francia

2 days

Benelux, Alemania, Inglaterra

2 to 3 days

Dinamarca, Suecia, Países Nórdicos

2 to 3 days

Asia

3 to 4 days

África

3 to 5 days

Sud América

4 to 5 days

 

 

The PROVIDER will not accept any liability if the delivery of the product is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

 

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

 

It is the USER's responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.

 

 

 

3.  RIGHT OF WITHDRAWAL

 

The USER has the same rights and period to return and/or report possible flaws or defects in the online products as they do for offline products.

 

The USER has a period of 14 calendar days from the date of receipt of the product to return it (Article 71 of Spanish Law 3/2014 of 27 March). All return costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

 

The right of withdrawal shall not apply in the following cases:

 

1.  If the product is not returned in perfect condition.

 

2.  If the product packaging is not the original or is not in perfect condition. The original packaging must be used to protect the product so that it arrives in perfect condition and applying seals and adhesive tapes directly to the product is prohibited.

 

3.  When the product is opened without proof of having been used.

 

4.  Personalised products or products that, for hygiene reasons or other legally established exceptions, are not subject to this right.

 

OBSERVATIONS

1.    The client should contact comunicacion@messageinthebottle.es to obtain his Return Number and inform us of the items he wishes to return.

2.    The products must be returned with their original packaging. No used, unsealed or damaged item will be accepted.

3.    The products must carry the identifying label and must be subject to the article.

4.    The products will be returned in their original packaging.

5.    The products of the same order must be returned in the same shipment, returns of the same order will not be accepted separately. Your return must meet all these conditions for it to be accepted.

6.    In case your return does not meet these conditions and is not accepted, THE COMPANY would contact you to offer you the option of returning items that have not been accepted.

7.    At the moment when THE COMPANY confirms that all the conditions are met, we will send you an email informing you of the acceptance of the return.

 

Once the USER has received the RETURN number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at BABY BOTTLE POST COMPANY S.L., Calle Pare Garí, 69, 2º 2ª - 08800 Vilanova i la Geltrú (Barcelona).

 

 

4.  COMPLAINTS

 

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

 

BABY BOTTLE POST COMPANY S.L.

Calle Pare Garí, 69 - 2ª - 08800 Vilanova i la Geltrú (Barcelona)

Telephone: +34938937362

Email: comunicacion@messageinthebottle.es

 

 

Online Dispute Resolution (ODR)

 

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the conflict.

 

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

 

5.  FORCE MAJEURE

 

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

 

 

6. COMPETENCY

 

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

 

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

 

The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.

 

 

7.  GENERAL INFORMATION OF THE OFFER

 

All sales and deliveries made by the PROVIDER are subject to these General Terms and Conditions.

 

No modification, alteration or agreement contrary to the Commercial Proposal of BABY BOTTLE POST COMPANY S.L. or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

 

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

 

 

8.  PRICE AND PERIOD OF VALIDITY OF THE OFFER

 

The prices indicated for each product include 21% of the Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product purchased.

 

The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.

 

Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

 

Once the order has been placed, prices will be maintained regardless of whether the products are available.

 

Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent to the email address provided by the USER.

 

For any information about the order, the USER may contact the PROVIDER's customer service by calling +34938937362 or by emailing comunicacion@messageinthebottle.es.

 

 

9.  SHIPPING COSTS

 

The prices do not include shipping or communication expenses, installation or additional services, unless expressly agreed otherwise in writing.

 

Shipping costs will be calculated at the time of saving the basket, since they are calculated according to the delivery address.

The applied rate is as follows:

 

Spain …………………………….…    6.00 €

Portugal / Italy / France……………. 9,00 €

Rest of Europe………………………10,50 €

Asia. ………………………………… 35,00 €

Africa….………………………..…… 35,00 €

South America……………………… 35,00 €    

 

 

10.  PAYMENT METHODS, CHARGES AND DISCOUNTS

 

The PROVIDER accepts the following payment methods for orders:

 

·   Credit card

 

You can make the payment immediately through the secure SSL payment gateway of our Bank. If it is necessary to make any return or cancellation of the order, the amount will be refunded through the same payment card. Both personal and banking data will be protected with all the security measures established by Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD). The possible expenses generated with this form of payment will be borne by the customer.

 

Bank transferience.

 

By cash or bank transfer in favor of the PROVIDER in the account number that will be communicated by email when the order is placed.

 

The USER has a period of 48 hours to make the transfer from the date of the order. After this period, the order will be canceled if the payment has not been received.

 

 

11.  PURCHASE PROCESS

 

Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.

 

Baskets have no administrative link; it is only a section where you can simulate an order without any commitment from either party.

 

From the basket an order can be made following the following steps for its correct formalization:

 

1. Select product, color, size and quantity that you want.

2. You can continue buying new items or finish the purchase. To do this, go to the cart and proceed to finish the purchase.

3. If you have a coupon, you must enter it.

4. If you already have a registered account, select the corresponding option.

5. If you are not registered, you must register the personal data requested, such as First and Last Name, Telephone, Email  Address, Delivery Address, Population, Country.

6. Accept general conditions.

7. Choose the Payment Form.

8. Finish the purchase.

 

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department.

 

 

12.  APPLICABLE WARRANTIES

 

All products offered on the website are completely original, unless otherwise stated in their description.

 

 

13.  REFUNDS


 

The PROVIDER intends to guarantee the availability of all the products that are advertised through www.messageinthebottle.es.

However, in the event that any requested product is not available or if it has been used up, the client will be informed at the time by sending an email to the address provided by the USER.

If the product is not available, and the USER has been informed of it, THE PROVIDER may supply a product with similar characteristics without price increase, in which case, the USER may accept or reject it exercising his right of withdrawal and termination of the contract.

In case of unavailability of all or part of the order, and the rejection of replacement products by the USER, the refund previously paid will be made by the same form of payment that was made If the PROVIDER was unreasonably delayed in the return of the amounts paid, the USER may claim double the amount owed.

 

 

14. APPLICABLE LAW AND JURISDICTION

 

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products covered by these Terms and Conditions to the courts and tribunals of the USER'S place of residence.

 

In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to Vilanova i la Geltrú (Spain).