General terms & conditions

IDENTIFICATION DETAILS

Medigar Canarias S.L. (hereinafter, ‘Medigar’ or “We” or ‘Belle Epoque’) is a Spanish company registered in the Commercial Registry of Las Palmas de Gran Canaria, Volume 709, Book 247, Section 2, Page 6,345, Entry 2, with Tax Identification Number B-35230028 and registered office at c/Drago 28, 3º-33-35460-Gáldar-Las Palmas-Spain.

To contact Medigar's customer service department, go to the contact section of the website and follow the instructions. The contact telephone number is 928077018 and the general email address is info@bellepoque.es.

Our customer service telephone line is open Monday to Friday during the hours indicated on the website.

1.- PURPOSE AND GENERAL INFORMATION

1.1.- Medigar is the owner of the website www.bellepoque.es (hereinafter, the ‘Website’), which is a web platform through which consumer products from different families are marketed.

1.2.- The General Terms and Conditions described below govern the conditions of use and access to the Website by any visitor (hereinafter, ‘Users’) and the purchase of the products offered by Medigar on the Website (hereinafter, ‘Product’ or “Products”) by any User through the Website (hereinafter, ‘Customer’).

1.3.- Users of the Website who wish to become Customers and therefore purchase the Products must complete an identification and registration form, accepting these General Terms and Conditions and following the instructions provided on the Website itself.

1.4.- Medigar operates and ships only to the Canary Islands. For shipments to the Iberian Peninsula, please contact us. contacto con nosotros.

2.- USE OF THE WEBSITE

2.1.- The Customer and the User undertake to make appropriate and lawful use of the Website, in accordance with applicable legislation and these General Terms and Conditions.

2.2.- Misuse of the Website is prohibited. The Customer and/or User shall refrain from, among other things:

Committing crimes, or encouraging others to do so.

Introducing or distributing computer viruses on the network, posting offensive or obscene material.

Hacking aspects of the Website service.

Corrupting the data appearing on the Website.

Sending unsolicited advertising or promotional materials (‘spam’).

2.3.- Medigar shall not be liable for the Website being unavailable at any time.

2.4.- The Website may also contain links to other websites that are not operated by Belle Epoque (hereinafter ‘Other Websites’). Belle Epoque has no control over Other Websites and is not responsible for their content or for any damage that may be caused by their use. However, it reserves the right to remove such links if it becomes known by any means that the linked site is committing any irregularity or illegality.

3.- ACCEPTANCE, MODIFICATION AND DURATION OF THE GENERAL TERMS AND CONDITIONS

3.1.- Use of and access to the Website by the User implies acceptance of these General Terms and Conditions.

3.2.- The Customer expressly accepts these General Terms and Conditions during the contracting process.

3.3.- Belle Epoque reserves the right to modify the content of the General Terms and Conditions at any time. In any case, this shall not affect the Customer or the User, who shall be subject to the General Terms and Conditions in force on the Website at the time of contracting the Products or at the time of use and access.

3.4.- The legal relationship arising from access to and use of the Website is of indefinite duration. Notwithstanding the foregoing, either party may terminate the contractual relationship at any time. In the event that Medigar modifies the General Terms and Conditions, said legal relationship shall be deemed terminated and this shall imply that the Customer must adhere to the new general terms and conditions, where applicable.

3.5.- The contract may be formalised in any of the languages in which the General Terms and Conditions are available on the Website, at the Customer's discretion.

4.- OBLIGATIONS OF BELLE EPOQUE AND THE CUSTOMER/USER

4.1.- Belle Epoque undertakes to make available to the Customer and/or User all necessary information relating to the Products it offers, as well as information on orders placed. Belle Epoque shall not be liable for temporary non-compliance with these General Terms and Conditions in the event of force majeure, customer default or an unforeseeable event caused by a person not party to the contract.

4.2.- The Customer and/or User undertakes to complete the order forms and any other forms truthfully and in accordance with the instructions provided. The Customer also undertakes to pay the price of the Product, including applicable taxes and shipping costs, in accordance with the final offer received from Belle Epoque.

4.3.- We remind you that it is advisable to keep a copy of the data relating to the Products purchased. Belle Epoque shall not be liable for any loss of data, files or, in general, any damage resulting from a failure by the Customer to back up the aforementioned data.

4.4.- Belle Epoque shall not be liable for any consequences or damages that may result from the improper use of the Products sold through the Website.

5.- PRODUCT INFORMATION

5.1.- Belle Epoque provides a description of the Products included on the Website in accordance with the technical descriptions provided by distributors, manufacturers and suppliers in general. It also includes information relating to the trade name, trademarks or distinctive signs of the Products in order to provide the Customer and/or User with as much information as possible.

5.2.- Please read the product descriptions carefully before deciding to purchase. The images shown may differ slightly from the final product. If you have any questions, please contact us before making your purchase.

5.3.- Whenever the word ‘assorted’ appears in a title, it means that the sales unit is 1 among all available models.

6.- PLACING AN ORDER

6.1.- In order to place an order, the Customer must be at least 18 years of age and reside in the United Kingdom.

6.2.- Placing an order involves selecting one or more items from the virtual shopping cart. Once all the desired items have been added, you must access the cart, review the items and the number of units, select the desired shipping method, fill in the customer and shipping details, and choose the desired payment method. On the next page, you must complete the details corresponding to the payment method, as detailed in section 10 (Payment for products), and by selecting the ‘Pay’ button, you accept the contract process.

6.3.- All orders are subject to our acceptance. Within 24 hours of placing the order, we will send an email confirming that the contract has been concluded (hereinafter, ‘Order Confirmation’), provided that the Customer has provided us with their email address in their personal data form. The Order Confirmation will include confirmation of the Customer's prior express consent and will inform them of the loss of their right of withdrawal, where applicable.

7.- CANCELLATION AND MODIFICATION OF ORDERS

7.1.- Cancellation. An order may be cancelled free of charge within the first hour after its validation, provided that the package remains at our premises.

7.2.- Order extension. Items may be added to an order provided that it has not been dispatched and it is logistically possible. The customer shall pay the amount corresponding to the result of the modification.

7.3.- Eliminación de artículos. Se pueden eliminar artículos de un pedido siempre y cuando no haya sido enviado y logísticamente sea posible. La devolución del dinero se realizará a través del mismo método de pago utilizado.

In the case of changes to the order, this may result in a change to the total amount, which is subject to an additional charge for shipping costs if the minimum amount stipulated is not reached, as well as the elimination of these costs if the total amount is equal to or greater than the minimum indicated on the website.

8.- AVAILABILITY

Orders are subject to the availability of the Product from our suppliers. It may happen that these Products are out of stock or have deteriorated, or do not meet the expected quality standards, among other reasons. In these cases, the customer will be informed and offered alternative products, or the order will be cancelled. The resulting amount will be refunded within a maximum period of 14 days. The refund of these amounts will be the limit of our liability to the Customer if we are unable to supply the requested Products.

9.- PRICES

9.1.- The prices of the Products indicated on the Website include IGIC (Canary Islands General Indirect Tax), but do not include shipping costs. Shipping costs are borne by the Customer, unless otherwise stated, and will be detailed separately from the price of the Product during the ordering process. The sum of both will be the total price to be paid, which will be shown to the Customer prior to the formalisation of the contract.

9.2.- During the booking process, the Customer shall accept the total price when they click on the ‘PAY’ button.

9.3.- We reserve the right to charge for the order from the moment the Order Confirmation is issued.

9.4.- The sale prices of the Products indicated on the Website, as mentioned above, include IGIC (Canary Islands General Indirect Tax), but this will be adapted to the applicable legislation if the consumer is not resident in Spain, a circumstance that will be announced during the purchase process.

10.- PAYMENT FOR PRODUCTS

10.1.- Belle Epoque offers the Customer four payment methods:

– Payment by credit/debit card:

If you choose to pay by card, your order cannot be taken into account and will not be processed until payment has been authorised by your bank or building society. Online credit card payments are made through the ‘Stripe’ security system and payment gateway, which encrypts your bank details when they are transmitted over the internet. For security reasons, Belle Epoque verifies all orders paid by bank card. We accept American Express, Maestro and any Visa and Mastercard registered with the Verified by Visa secure payment system. In addition, for any order exceeding a certain amount set by Belle Epoque, the Customer will be asked to provide proof of identity and proof of address, which must be sent to the email address indicated in our contact details.

– Payment by bank transfer:

The Customer must make the transfer to the account that will be indicated at the appropriate time. Upon completion of the order, the Customer will receive an automatic email with the details of the bank account to which the payment must be made. Important: the reference number provided upon completion of the order must be indicated as the transfer concept. If this reference number is not indicated, the order will be cancelled and the money will be refunded within 7 days.

– Payment via PayPal:

PayPal allows you to pay directly without sharing your financial details online. It automatically encrypts sensitive data using the best technologies available on the market.

Cash on delivery:

Upon acceptance of the corresponding additional charge, the customer may pay the total amount of the order directly to the carrier upon delivery to their address. This method is only available with certain delivery options.

10.2.- Belle Epoque has contracted the services of Stripe, a company that offers a secure online payment gateway, so that the information provided by the Customer at the time of payment will be processed by this company and therefore Belle Epoque will not have access to or store any of this data.

10.3.- If the purchase has been made by an end consumer or a company, the corresponding invoice may be requested. It must be requested through the contact section of the website, once the order has been received, indicating the billing details.

The customer authorises us to issue the invoice electronically, although they may request a paper invoice at no extra cost if they so wish.

11.- DELIVERY OF PRODUCTS

11.1.- Belle Epoque shall deliver the Products to the Customer at the delivery address provided on their personal details form, which must be within the Territory.

11.2.- We understand days to be working days, thus excluding Saturdays, Sundays and public holidays. If, for any reason attributable to Belle Epoque, this deadline is exceeded, we will notify the Customer of the incident and propose alternative solutions.

11.3.- The estimated delivery date will be calculated based on the availability of the item indicated on the website, within each product description, as well as the delivery time depending on the chosen transport service. This date may be altered in the event of an incident with the products, as well as during transport. In either case, a solution will be sought for the Customer.

11.4.- Shipping costs are free provided that this is stated at the time of placing the order or once discounts (points, coupons, campaigns and promotions) have been applied. The free shipping agency must be selected before completing payment. For all other transport agencies, only the supplement will be charged. Once the order has been paid for, it is not possible to change the transport service.

11.5.- The Customer undertakes that he or another designated person will be at the address indicated to receive the package. If no one is there the first time, the carrier will try again. If the order still cannot be delivered, it will be returned to us, and the Customer will be refunded the payment made, minus the shipping or return costs of the Products, which will be borne by the Customer.

11.6.- In any case, delivery shall be made within a maximum period of 30 days from the conclusion of the contract.

11.7.- The risk of the Products shall be transferred at the moment the Customer acquires physical possession of the Product.

11.8.- The Customer shall acquire ownership of the Products when Belle Epoque receives full payment for the order placed.

12.- PRODUCT WARRANTY

12.1.- All Products offered by Belle Epoque are covered by the legally established warranty. We undertake to replace any Product with a new one or issue a refund if any of our Products suffers from a manufacturing defect within one (1) year of delivery, provided that proof of the defect is provided in accordance with section 12.5. In this case, all costs of returning the Product and shipping the new Product or the repaired Product shall be borne by Belle Epoque.

12.2.- Unless proven otherwise, delivery shall be deemed to have been made on the date stated on the invoice or on the delivery note, whichever is later.

12.3.- For the warranty to be effective, proof of purchase must be presented within the established legal period.

12.4.- The consumer must inform us of the lack of conformity of the Product within 30 days of becoming aware of it by email or by contacting us on the telephone number provided in the Identification Details section of these General Terms and Conditions.

12.5.- Unless proven otherwise, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the Product already existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity.

12.6.- The Products comply with the contract and, therefore, Belle Epoque shall not be liable for any lack of conformity when the Products included on the Website:

a) They conform to the description provided by the seller and possess the qualities of the Product that the seller has presented.

b) Are suitable for the uses to which products of the same type are normally put.

c) They are suitable for any special use required by the consumer and user when this has been brought to the seller's attention at the time of conclusion of the contract.

d) They present the usual quality and performance of a Product of the same type that the consumer and user can reasonably expect, taking into account the nature of the Product.

12.7.- Likewise, Belle Epoque shall not be liable for any lack of conformity that the Customer was aware of or could not have been unaware of at the time of entering into the contract.

12.8.- The Customer may demand the repair of the Product, its replacement, a price reduction or the termination of the contract if the Product does not comply with the contract. The right to demand compliance with the above shall expire 3 years after delivery of the Product. Repair and replacement shall be free of charge to the Customer, including shipping costs and costs related to labour and materials. If the Customer exercises their right to repair or replacement, Belle Epoque shall provide them with a receipt stating the delivery date and the lack of conformity that has given rise to the exercise of this right. The refund or replacement of the Product will be made as soon as possible and, in any case, within 14 days of the date on which Belle Epoque contacts the Customer to confirm that the refund or replacement of the non-compliant Product is appropriate.

12.9.- La rebaja del precio será proporcional a la diferencia entre el valor que el Producto hubiera tenido en el momento de la entrega. El Cliente no podrá exigir la sustitución en el caso de Productos no fungibles.

12.10.- The warranty does not cover damage caused by negligence, impact, misuse or tampering, unsuitable voltage, electrical accidents, installation and/or use that does not comply with the instructions for use or is not carried out by an authorised technical service when applicable, or perishable materials or products subject to wear and tear through normal use or consumption.

12.11.- The following are excluded from the warranty:

a) Products that have been modified or repaired by the Customer or by any person other than the supplier or manufacturer.

b) If the Product warranty details or proof of purchase have been modified or altered.

c) Food, beverages, cleaning and personal hygiene products.

d) Goods that may deteriorate or expire rapidly.

e) Any other goods if the Customer does not have proof of purchase.

13.- THE RIGHT TO WITHDRAW AND EXCHANGE PRODUCTS

13.1.- Right of withdrawal. The Customer has the right to withdraw from this contract within fourteen (14) calendar days without giving any reason.

The withdrawal period shall expire fourteen (14) calendar days from the date on which the Customer or a third party designated by the Customer, other than the carrier, acquired physical possession of the products, or in the event that the Customer's order consists of several products delivered separately, fourteen (14) calendar days from the date on which the Customer or a third party designated by the Customer, other than the carrier, acquired physical possession of the last of those products.

13.2.- Notifications. The Customer may exercise their right of withdrawal by notifying Medigar Canarias S.L. at the address Calle Infanta Benchara, nº 11, 35460-Gáldar-Las Palmas, Spain, by telephone on 928077018, by email at info@bellepoque.es or by completing the contact form provided by Belle Epoque in the ‘Contact’ section of the Website. You may use the withdrawal form template attached as an Annex to these General Terms and Conditions, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right be sent before the corresponding period expires.

13.3.- Consequences of withdrawal. In the event of withdrawal by the Customer, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have provided proof of their return, whichever condition is met first.

Belle Epoque will arrange collection within 48 hours through our courier service.

The Customer shall bear the direct cost of returning the goods and shall be solely responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

13.4.- How to return the Product. To return the Products correctly, you must follow these guidelines:

a) Products must be returned in their original box/packaging. If this is not possible, use a box of the same quality.

b) The Products must not have been used in such a way that their value is reduced or impaired.

c) Products must be accompanied by the delivery note with the reason for the return noted manually for correct and rapid processing of the return.

d) Upon arrival at our warehouse, the condition of the Products will be assessed. If they do not comply with the regulations and conditions established for returns and are not in good condition, we reserve the right to pay a lower amount for the damaged Product or Products.

13.5.- Products excluded from the right of withdrawal. Food, beverages, cleaning and personal hygiene products are excluded from the right of withdrawal. The following are also excluded:

a) Personalised goods.

b) Goods that may deteriorate or expire rapidly.

c) Sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.

14.- COMMENTS

All opinions written by Customers are monitored by the marketing team. If the opinions received violate or may violate the law, ethics or morals (abusive advertising, defamation, insults, comments out of context, etc.), Belle Epoque reserves the right to reject or remove such opinions.

15.- PROTECTION OF PERSONAL DATA

15.1.- Pursuant to Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Medigar Canarias S.L., with registered office at Calle Drago 28, 35460 -Gáldar-Las Palmas, Spain, informs you that in order to properly manage the company's Customers and/or Users, it is necessary to provide certain personal data that will be incorporated into a file, duly registered with the Spanish Data Protection Agency, of which this entity is the owner and controller. The purpose of the collection and automated processing of personal data is to carry out the proper management of the Company's Customers and/or Users.

15.2.- Personal data collected from the Customer and/or User will not be transferred to any company nor made available to third parties, and will only be used for the purposes established for the collection or receipt thereof.

15.3.- Pursuant to the provisions of Article 15 et seq. of the LOPD and in accordance with the terms of its implementing regulations approved by Royal Decree 1720/2007 of 21 December, the owner of the personal data may at any time exercise their rights of access, rectification, cancellation and opposition by writing to MEDIGAR CANARIAS, S.L., Calle Científico Roberto Moreno, 2, 35460-Gáldar-Las Palmas, Spain, or through the ‘contact’ section of the website.

15.4.- The data controller has adopted the legally required security measures in its facilities, systems and files as required by the Regulations implementing the LOPD, approved by Royal Decree 1720/2007, of 21 December. Likewise, the data controller guarantees the confidentiality of personal data, although it will disclose to the competent public authorities any personal data and other information in its possession or accessible through its systems that is required in accordance with the applicable legal and regulatory provisions.

15.5.- The personal data collected from the Customer and/or User, either through the forms on the Website or through emails sent by the Customer and/or User themselves, shall be true, accurate, complete and up to date, and they shall be liable for any damages that may be caused by the incorrect completion of false, inaccurate, incomplete or out-of-date data.

17.- INTELLECTUAL AND INDUSTRIAL PROPERTY

17.1.- ‘Belle Epoque’ is a trademark registered by the Spanish Patent and Trademark Office, and therefore any use of this trademark or any similar identifying sign that may cause confusion as to its origin or ownership by third parties without prior express authorisation is prohibited.

17.2.- The website ‘www.bellepoque.es’ is a domain registered by Medigar Canarias S.L. Likewise, the intellectual property rights relating to the software and content of the Website belong to Medigar or its licence grantors.

17.3.- Consequently, the total or partial reproduction of the Website is expressly prohibited. It is also not permitted to publish, manipulate or distribute the content of the Website without the express authorisation of Medigar or the legitimate owner, where applicable.

18.- APPLICABLE LAW AND COMPETENT JURISDICTION

18.1.- Las presentes Condiciones Generales y cualquier cuestión relativa a su interpretación, cumplimiento o falta de cumplimiento se rigen por la Ley española, sin perjuicio de la aplicación de la normativa comunitaria y tratados internacionales, cuando proceda.

18.2. - Belle Epoque and the Customer and/or User submit, expressly waiving their own jurisdiction, in relation to the use of this Website, as well as in relation to any conflict related thereto, to the Courts and Tribunals corresponding to the registered office of Belle Epoque indicated above, without prejudice to the jurisdiction that may be competent by application of Community regulations, international treaties and national legislation, where applicable.

19.- REGARDING PROMOTIONS AND VOUCHERS.

19.1.- All promotions and coupons have an expiry date specified in the promotional email.

19.2.- Promotions in the form of discount vouchers shall always be applied solely and exclusively to the value of the Product, never to the shipping costs.

19.3.- Promotions in the form of discount vouchers will always have a minimum purchase amount, which will be indicated in the promotional email received.

19.4.- Belle Epoque reserves the right to cancel a promotion for any person who misuses it or who acquires numerous units of the promotion under different identities.

19.5.- Only one discount coupon may be used per purchase. Coupons cannot be combined with other promotions such as offers, reduced prices or other promotional campaigns. The choice of multipacks corresponds to a promotion. If this purchase option is chosen, no additional discount coupons may be applied.

19.6.- Once the order has been paid for, it is not possible to add, remove or modify vouchers.

19.7.- Points are accumulated on purchases where discount coupons or points themselves have not been used. A balance is accumulated in the customer account that can be redeemed when a new order is placed. Points can be redeemed before paying for the order.

20.- AFTER-SALES SERVICES AND COMPLAINTS

Si deseas hablar con nuestro Servicio de Postventa y Atención al Cliente puedes enviarnos un mensaje a través del Formulario de Contacto, en la opción del Sito Web “Contacto”.

You may also submit your complaints and claims using the contact details provided in these General Terms and Conditions.

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