Terms of service
Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website https://beher.com/, property of BERNARDO HERNANDEZ SL under the trademark of BERNARDO FERNANDEZ SL, hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by BERNARDO HERNANDEZ SL. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. BERNARDO HERNANDEZ SL will archive the electronic document where the purchase is formalized and will have it available to the USER in case the USER requests it.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is BERNARDO HERNANDEZ SL, with registered office at Calle Oriente, 37770 GUIJUELO (SALAMANCA), NIF B37020179 and with customer service telephone number 923580000.
And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
BERNARDO HERNANDEZ SLP 25 BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca)
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email info@beher.com so that BERNARDO HERNANDEZ SL corrects them as soon as possible.
The USER may keep their data updated by accessing their user account.
Hiring procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.
The USER will select an email and a password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or the possible access by an unauthorized third party, of so that it proceeds to immediate blocking.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
- SHIPPING AND DELIVERY OF ORDERS
THE PROVIDER will not send any order until it has verified that payment has been made. Shipments of merchandise will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Shipping will be made once the availability of the merchandise has been confirmed and payment for the order has been verified. BERNARDO HERNANDEZ SLP 26 BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca)
The delivery time will be between 2 and 6 business days, depending on the destination population and the chosen payment method. The expected shipping and delivery date will be provided prior to order confirmation.
Failure to execute the remote contract
If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand that said lack of conformity be corrected, the price reduced or the contract terminated. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER will have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.
- RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase and sale contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@beher.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of BERNARDO HERNANDEZ SL, Calle Oriente, 37770 GUIJUELO ( SALAMANCA)
- CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses: Postal: BERNARDO HERNANDEZ SL, Calle Oriente, 37770 GUIJUELO (SALAMANCA) Telephone: 923580000 E-mail: info@beher.com Online dispute resolution (Online Dispute Resolution) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
- COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
- GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of BERNARDO HERNANDEZ SL or what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check all the details of the quote online: items, quantities, price, BERNARDO HERNANDEZ SLP 28 BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca) availability, transportation costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 923580000 or via email to the address info@beher.com .
- TRANSPORTATION EXPENSES
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
- PAYMENT FORMS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs. BERNARDO HERNANDEZ SLP 29 BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca)
- PURCHASING PROCESS
Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both sides. From the basket you can place an order by following the following steps for its correct formalization:
Once the order is processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.
Orders (purchase requests)
Prior to order confirmation, information regarding the status of the order and the approximate shipping and/or delivery date will be provided.
- DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practices or policies that are applicable to it.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.
- GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" 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, which you can access by clicking here.
If you want to personalize this section, you must check that the wording complies with what is regulated in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative RD 1/2007.
- APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services that are the subject of these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place where the obligation is fulfilled or the place where the property is located if it is real estate.
ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: BERNARDO HERNANDEZ SL, Calle Oriente, 37770 GUIJUELO (SALAMANCA)
Telephone: 923580000
Email: info@beher.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
INFORMATION ABOUT GUARANTEES IN THE SALE OF CONSUMER GOODS
Goods regulated by law
The Guarantees Law applies to personal property for private consumption, that is, consumer goods: from an appliance to a vehicle, including furniture, objects of all kinds, even works of art. By their very concept, services and real estate are eliminated. The Law excludes purchases and sales between individuals.
For new consumer goods the warranty will be two years, while for second-hand products the warranty will be one year. During the first six months of warranty on a new product, it is assumed that the damage comes from the factory and the seller must assume all repair costs, both parts, transportation, and labor hours. The warranty period is suspended during the time that the product or object is under repair.
Product in good condition
The law considers that a consumer must feel satisfied with the purchased product if it meets the following requirements: that the product conforms to the description given by the seller and that it has the qualities manifested through a demonstration or model. It must also serve what is indicated both in the instruction book and in the verbal instructions that the seller may have given or in a demonstration video. Advertising, indications that appear reflected on a label, or a use that arises from the characteristics of the product itself also serve as common use. Even if the consumer has requested a special use and the seller has assured him that the purchased good will be offered to him, this must be the case. In addition, the product purchased must have adequate quality and performance. Thus, a pressure cooker should cook faster than a traditional kettle.
Application of the law
The Law obliges sellers of consumer goods, on the one hand, and consumers as final recipients, on the other. That is, contracts made between individuals are excluded, since it only provides for the sale between a professional seller and a consumer.
It will apply whenever a consumer good is purchased, that is, any object or product for private consumption. Assets acquired in a judicial sale (auction of confiscated assets) are excluded. Nor are the distribution of water or gas not packaged for sale subject to this law.
Claim in case of product failure
The first person responsible for the product is the seller. However, the consumer can go directly to the manufacturer or importer, if going to the seller is a burden. For example, if during a vacation away from home a digital camera has been purchased that does not respond to what is offered in the store, it is easier for the consumer to go to the manufacturer or importer than to the establishment where they purchased it.
In the event that the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this is impossible or disproportionate. If repair or replacement is not possible, or is
disproportionate, the consumer can opt for an appropriate reduction in the price or for the termination of the contract, that is, the refund of the price.
The consumer may not demand replacement in the case of second-hand goods or goods that cannot be replaced. For example, replacement cannot be required if the good is no longer manufactured or there is no stock left, if a second-hand vehicle is purchased, nor, due to the impossibility that entails, can a work of art, an antique or a design be replaced. exclusive clothing. The replacement will be disproportionate when it is a small defect that is easy or simple to repair. The repair will be disproportionate when it is uneconomic, that is, the repair is more expensive than the value of the good.
Claim periods
The consumer must report the failure within two months of detecting it. In this sense, if the problem has appeared within six months after purchasing the product, the seller must make the guarantee effective, BERNARDO HERNANDEZ SLP 32 BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca) since in that period of time it is assumed that the problem comes from the factory. However, if those six months have passed, it is the consumer who must demonstrate that the failure comes from its origin and that it has not been caused by misuse of the product.
The Law establishes that during the six months following the delivery of the repaired good, the seller will be liable for the faults that motivated the repair, presuming that it is the same fault when defects of the same origin as those initially repaired are reproduced. In order to make this repair guarantee effective, the consumer must keep proof of the repair and the technical service that, at the time, repaired the product.
Failure after repair or replacement
The Law includes these possibilities: If the consumer chose to replace a defective product with another identical one, he or she can ask the seller for repair, as long as it is not disproportionate, for a reduction in the price or for a refund of the money. On the other hand, if repair was chosen due to a failure in a product, the consumer can demand an exchange, a reduction in the price or the return of all the money spent. But the Law does not specify the amount or type of price reduction that the seller must make to the consumer if that is the option chosen. Thus, the two parties involved in the purchase and sale are obliged to reach agreements that satisfy both.
Refusal to repair, reduce price or refund money
If we are within the first six months, we must demand reparation and request a Claims Sheet and insist even until we go to trial. It is presumed that the fault existed. But if the first six months have already passed, we are the other way around. It is the consumer who must prove that the product was purchased at fault.
In any case, the consumer will have to negotiate and if he does not agree with the reduction offered by the seller, he can go to an appraiser to determine the price of the product after the repair and request a price reduction in that regard.
Instruction book and poor installation
If a consumer misuses a product, because the instruction book is incorrect, the warranty law protects the consumer and may require repair or replacement. Likewise, if the failure occurs due to poor installation caused by both the erroneous instructions in the manual and the technicians sent by the seller, the seller is also responsible.
In case of repair or transfer to a technical service, what must the consumer pay?
Nothing. During the period in which the guarantee is effective, the seller or producer must bear the cost of travel, parts and repair time. Furthermore, while the product remains in technical service, the warranty period is suspended. That is, the clock is not ticking. On the other hand, apart from demanding the application of the guarantee (repair, exchange, price reduction or money back), the consumer may demand compensation for damages or losses derived from the breakdown and the repair time, for For example, if a user purchases a refrigerator and it breaks down a week after purchase, in addition to requesting that the warranty be made effective, said user can demand compensation for the food that has spoiled due to the malfunction of the appliance.
Commercial guarantee
The commercial guarantee is one that the manufacturer, distributor or seller gives, and that must always exceed that offered by law, since this is understood as a minimum required by the consumer. It is also a marketing tool for companies. However, this guarantee must meet certain requirements, such as making it clear what it applies to, the object or product that has said guarantee and the name and address of the person offering it.
WITHDRAWAL REQUEST FORM
Download link to the form: Withdrawal form
INFORMATION ON CLAIMS SHEETS
Information on Claim Forms in the general contracting conditions
Distance selling professionals or companies, such as electronic commerce, that do not have establishments or premises open to the public, but that operate within certain autonomous communities, must have information sheets.
claims and are obliged to inform consumers of their existence and how to access them.
Although we recommend consulting the provisions of each Autonomous Community in this regard, the legislation on Claim Forms by Autonomous Communities can be consulted at the following link on the Ministry of Consumer Affairs website:
https://www.consumo.gob.es/es/consumo/hojas-de-reclamaciones
For this reason, we recommend that E-COMERCE whose owners carry out their activity in any of these Autonomous Communities that require reporting on the existence of Complaints Sheets available to users or consumers, include this information in section 4 of complaints. the general contracting conditions, an example of how to fulfill this obligation could be as follows:
CLAIMS AND DISPUTE RESOLUTION ONLINE
BERNARDO HERNANDEZ SL informs that it has Complaint Forms available to users or consumers who request it, they can access them by requesting them from any of the contact information indicated below; Even if it is not through a Claim Form, any claim that the user or consumer considers appropriate to make will be attended to as soon as possible, at any of the following contact details of BERNARDO HERNANDEZ SL:
Postcard: BERNARDO HERNANDEZ SL Calle Oriente, 18. – Bajo 37770 Guijuelo (Salamanca)
Telephone: 923580000
Email: info@beher.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/