Conditions d’utilisation
CONDITIONS OF SALE
(WESTERN EUROPE, CENTRAL EUROPE, EASTERN EUROPE)
THE PRESENT TERMS OF SALE ARE APPLICABLE IN WESTERN, CENTRAL AND EASTERN EUROPE, EXCEPT BULGARIA, CROATIA, NORWAY, ROMANIA, SLOVAKIA, SWITZERLAND AND TURKEY, WHICH ARE GOVERNED BY CONDITIONS DIFFERENT.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE BANBROKEN PLATFORM.
IF YOU ARE LOCATED IN ANY OF THE COUNTRIES LISTED ABOVE, ADDITIONAL COUNTRY-SPECIFIC TERMS MAY APPLY, WHICH CAN BE VIEWED AT THE END OF THESE TERMS OF SALE OR BY CLICKING ON THE COUNTRY REFERENCE LINK. THESE ADDITIONAL TERMS OVERRIDE THE FOLLOWING TERMS TO THE EXTENT OF ANY INCONSISTENCY.
APPLICABILITY
You are reading these Terms of Sale (“Terms of Sale”) because you are using a BANBROKEN website, digital experience, social media platform, mobile application or wearable technology or one of our other products or services; all of them are part of the BANBROKEN Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and BANBROKEN and its affiliates (which we may refer to as “BANBROKEN”, “we”, “us” or “our”) in relation to the product orders available on the Platform. Check our List of Local Entities for the name of the entity BANBROKEN responsible for providing you with the Platform and the corresponding contact information.Banbroken may revise these Terms of Sale without notice by posting the revised Terms of Sale on its Platform. The Conditions of Sale published on the Platform at the time you place the order on the Platform will be the ones that will govern said purchase. We kindly ask you to read these conditions carefully and check that your order details are complete and accurate before submitting your order. If you think there is an error, please contact us at: info@banbroken. Your use of the Platform is also governed by Banbroken's Terms of Use and Privacy Policy . The Conditions of Sale are incorporated herein by reference.
PLACING ORDERS ON THE PLATFORM
REQUIREMENTS FOR PLACING ORDERS
To place an order on the Platform, you must be at least 16 years of age, or older if required by applicable law to enter into an agreement with Banbroken and a consumer, not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for Banbroken to sell Banbroken directly to final consumers, and therefore, the purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Banbroken products by someone who resells, or intends to resell, the product of Banbroken to others (consumers, businesses or any third party). If Banbroken believe you are involved in a purchase for resale, Banbroken reserves the right to take any action against you, including, without limitation, restricting sales to you, canceling your orders, or suspending or closing your account.
HOW TO PLACE ORDERS
You need an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-up menus in order to use the full functionality of the Platform, including designing custom items, adding items to your shopping bag and submit your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our order acceptance takes place at the time the Products are shipped to you: we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this time, a contract is made, which contains the Conditions of Sale, and is legally binding between you and us (the "Contract"). We recommend that you print or download a copy of these Terms of Sale and the corresponding Order Confirmation for future reference. If we cannot supply you with a product, we will inform you of this in writing and we will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
The satisfaction of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a contract by written notice to you in the following situations, without being liable for any damages or costs other than refunding any amounts received from you in connection with the canceled contract if:
- the product is not available/in stock;
- your billing information is not correct or cannot be verified;
- your order is marked by our security systems as an atypical order or an order susceptible to fraud;
- you are under the age of 16, or under the upper age permitted under applicable law to enter into a contract with Banbroken;
- you are a reseller;
- there was an error in the price displayed on the Platform; or
- we were unable to deliver to the address indicated by you;
- An Event Outside Our Control occurs (see below).
DATA CHECK
When you submit your order to us, we may do some checking before fulfilling it. These checks may include verifying your address and checking for fraud. We run partially automated checks on all purchases to filter out unusual or suspicious transactions, or transactions that can be identified as fraudulent. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
PRICE/PAYMENT
PAYMENT METHODS
You can find the payment methods available for each country in the help section of Banbroken.com (the “Website”). We do not accept any payment method that is not listed in the help section. Please do not attempt to pay in any other way than specified there. If you do so, we will not be liable for any loss of payment or any other damages that may result from this action.
PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of personalized products [BANBROKENiD]) after we have received your payment. This can take several days. In the event that no payment has been received within 12 calendar days after you have submitted the order, your purchase will be automatically cancelled. Payments can only be processed if the billing information can be verified.
TRANSFER OF TITLE
We retain title to any products until we have received full payment for any such products.
PRICES AND CURRENCY
The prices of products on the Platform include value added tax (VAT), as applicable. Shipping rates apply per order. The exact shipping rates depend on the country in which your order is delivered. For more details on shipping rates by country, please see the help section of the Website below.
Prices are indicated in Euros with the exception of the United Kingdom, Sweden, Norway, Switzerland and Denmark where prices are indicated in local currency. If you change the country of delivery while browsing or during the payment process, the prices may be indicated from that moment on in a different currency. Please note that changing the delivery country may influence the price due to currency exchange or country-specific pricing.
YOUR TOTAL PRICE
The total price specified in the final screen of the payment process includes taxes and shipping costs. This price will be recorded in the Order Confirmation, which we recommend that you print or download for future reference purposes. If paying by credit card, the total amount for your entire order will be reflected on your statement in the local currency.
If your local currency is different from the currency in which the prices are indicated, your bank will apply the exchange rate applicable on the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Cash on Delivery (COD)
If you have chosen the “cash on delivery” payment method, the order amount shown on your shipping confirmation in the local currency of the destination country must be paid in full before you receive your items and sign the delivery sheet. delivery. The package can be opened and you can inspect your items only after you have made the payment.
PRICE CHANGES
The prices of the products will be those shown on the Platform. Prices may change from time to time, but the changes will not affect any order we have confirmed in an Order Confirmation.
SHIPPING AND DELIVERY
DELIVERY: WHERE AND WHEN
We do not ship on certain holidays. Please refer to the help section of the Website for dates and available delivery methods and times. We can only fulfill orders to delivery addresses that are a home or business address in one of the countries listed in the help section of the Website.
DELIVERY BY PARTS
Whenever possible, we try to deliver all the items you have ordered at the same time. However, please note that due to the fact that custom products (BanbrokeniD) are manufactured by different companies, an order for multiple custom products (BanbrokeniD) may result in a shipment in parts.
We reserve the right to split the delivery of your order, for example if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intent by sending an email to the email address you provided to us at the time you placed your order. You will not be charged additional delivery costs.
POST DELIVERY INSPECTION
Upon delivery, please inspect the package for damage. If it turns out that the products are damaged, please do not accept the shipment.
SHIPPING RATES
FREE SHIPPING
If you make a purchase over the threshold for your delivery country, you will receive a FREE “standard delivery” or discounted “express delivery” option. Other conditions may also entitle you to free delivery. Please refer to the menu section of the Website for threshold amounts and their corresponding discounted delivery rates.
CUSTOMIZED ITEMS
CONDITIONS FOR PERSONALIZATION
For most custom items (BanbrokeniD), you can submit a combination of letters, spaces, and numbers to form an “ID” (a custom message that appears on your creation) . We reserve the right, at our sole discretion, to reject an Identification, for example, because it contains a trademark belonging to a third party. or the names of sports teams, athletes or celebrities that you (or Banbroken) do not have the right to use, or because it contains material we deem inappropriate. If we reject your identification we will notify you by email as soon as possible.
CONSUMER ACKNOWLEDGMENTS REGARDING PERSONALIZATION
Both the design of the article (the color combination, etc.) as personalization will be created by you. To the extent that this is not the case, you hereby warrant that you are authorized to use the design or personalization created by someone else.
You understand that while we have the right to reject your design or customization, you are solely responsible for your design and customization, and we are under no obligation to review or reject your design or customization.
Your design and customization constitute what we call “User Content”. Clause 2 of the Terms of Use applies to your design and personalization.
RETURNS AND CANCELLATIONS
CANCELLATION OF THE ORDER BEFORE DELIVERY
You can cancel any order free of charge and without giving any reason, as long as it has not yet been shipped. We start processing orders placed in our online store almost immediately. If you wish to cancel your order, please first check the status of your order by visiting the “Order Status” link at the top right of the Website.
If the status of your order is “pending” or “on hold” you can cancel your order by contacting our customer service center (see the help section of the Website). Our consumer service agents will request the cancellation of your order at our warehouse. If this is achieved, they will send you an email and the cancellation will be free. If cancellation is not possible, the products will be delivered to you and may be returned in accordance with the procedure set out below.
Custom orders (BanbrokeniD) cannot be canceled before shipping, as we start manufacturing custom products (BanbrokeniD) immediately after receive the order.
RETURN OF ORDERS AFTER DELIVERY: DEFECTIVE PRODUCTS
You have the right to return products that have been delivered to you in the event that they are defective or otherwise do not conform to your order when you receive them. In the event that your claim is justified, the purchase price and shipping costs will be refunded. For practical information on how to return, consult the help section of the Website.
In addition, we remind you that in accordance with Spanish and EU legislation, we are responsible to you for any lack of conformity in a product that appears within a minimum period of two years from the delivery of the product and on which you You have various legal rights in this context. The foregoing does not limit these statutory rights in any way.
YOUR RIGHT OF REVOCATION
If for any reason you are not satisfied with a product you have ordered, you can exercise your statutory right of revocation. You can invoke your right of revocation by informing us that you want to return the product within 30 calendar days after the product has been delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered several products in a single order that are delivered separately, within 30 calendar days after the last product has been delivered, without giving us any reason.
If you make use of your right of revocation, you have the obligation to return the products without undue delay and within a period of 30 calendar days from the day you communicated to us that you accept your right of revocation.
Make sure the products you return are complete (eg.eg, both items that make up a pair must be returned) and have not been worn in any way other than as reasonably necessary to decide if you want to keep the products (meaning you are allowed to try on clothes or shoes, but you cannot wear them worn or washed). If you do not comply with the above and the value of the product decreases as a result, we may hold you responsible for that decrease in value. The right of revocation does not apply if the product is manufactured to your specification or clearly personalized (for example: products BanbrokeniD).
For practical information on how to make the return, consult the help section of the Platform, which contains a revocation form that you can use to exercise your right of revocation. You can also inform us that you wish to exercise your right of withdrawal by making another unequivocal statement (eg.eg, by letter, fax or email). It is sufficient that you send us this declaration before the end of the revocation period.
If you inform us that you wish to return a product, we will refund all payments received, including delivery costs (with the exception of any extra costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 30 days from the day on which we are informed of your decision to exercise the right of revocation. However, we may decide to deny a refund until we have received the products back or you have provided proof that you have returned the products.
REFUND INFORMATION
Refunds will be issued based on the original form of payment. If you paid by bank transfer, you need to provide this information to Customer Service when you initiate the return so that we can refund the money directly to your account. For practical information on how to make the return and the refund deadlines.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you can order a product in advance of its scheduled commercial launch. Due to the nature of pre-order, the following specific conditions apply to pre-ordered products:
Delivery. Pre-ordered products are intended to be delivered before the date of commercial launch, provided that we have received your payment at least 3 business days before said date. The specific delivery times depend on when the product is available in our warehouse. Standard delivery times will apply from the moment the previously ordered product is available in our warehouse. This information shows best estimates only, deadlines are not binding.
Payment. Unless you have chosen to pay on time or after delivery, the following applies. Your payment will be deducted as soon as the order is received (or, in the case of a bank transfer, as soon as possible). We will not start executing your order before payment has been received. For bank transfers this may mean that the delivery will be later than the provisions in the previous point.
Date of product release. The expected commercial launch (product launch) date for your pre-ordered product can be found on the product description page on the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strike, lockout or other third party industrial action, civil disturbance, riot, invasion, terrorist attack or threat of terrorist attack , war (whether declared or not) or the threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control that occurs affects our performance of our obligations under these Terms of Sale:
- a) we will contact you as soon as reasonably possible to notify you; y
- b) our obligations under these general conditions will be suspended and the time for the fulfillment of our obligations will be extended according to the duration of the Event beyond our control.
Where the Event Outside Our Control affects our delivery of a product to you, we will agree a new delivery date with you after the Event Outside Our Control has ended. You can cancel the contract if an Event Outside Our Control occurs and you no longer want us to supply you with the products. Please review your cancellation rights under the Cancellation section above.
OTHER IMPORTANT CONDITIONS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights and obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of these Conditions of Sale operate separately. If any court or relevant authority finds any of them illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we fail to enforce our rights against you, or if we delay in doing so, this will not mean that we have waived our rights against you. you and will not mean that you do not have to comply with those obligations.
If we release you from liability for your breach, we will only do so in writing and will not automatically release you from liability for any subsequent breach by you. We will not record a copy of the contract between us
APPLICABLE LAW/JURISDICTION
You agree that the Platform, the Terms of Sale and any dispute between you and Banbroken shall be governed in all respects by the law Spanish, without taking into account the provisions on conflict of laws, and not by the United Nations Convention on Contracts for the International Sale of Goods of 1980.
Except where prohibited and not limited to the statutory rights of consumers, you agree that all disputes, claims and legal proceedings arising, directly or indirectly, from or related to the Platform (including, without limitation, the purchase of Banbroken) products will be resolved individually, without recourse to any type of class action, and exclusively in the competent courts of Amsterdam, The Netherlands.
If you have a complaint, please contact us first via the Contact Us page. If you feel that your complaint has not been adequately addressed, you may (but are not required to) use the Online Dispute Resolution (ODR) platform which you can access at http://ec.europa.eu/odr.
All claims will be filed within one (1) year after the claim arose, to the extent permitted by applicable law.
COUNTRY SPECIFIC CONDITIONS
If you are located in any of the following countries, the additional terms below apply, which supersede any inconsistent terms set forth above.
AUSTRIA
The last paragraph in the section above titled “APPLICABLE LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
“All claims shall be filed within three (3) years after the claim arose.”
FRANCE
In the previous section titled “PLACING ORDERS ON THE PLATFORM”, the section “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced by the following:
“OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
We reserve the right to cancel a contract upon written notice to you in the following situations, without being liable for any damages or costs other than a refund of any amounts received from you in connection with the canceled contract:
- your billing information is not correct or cannot be verified;
- your order is marked by our security systems as an atypical order or an order susceptible to fraud;
- you are under the age of 16, or under the upper age permitted under applicable law to enter into a contract with Banbroken;
- you are a reseller;
- we were unable to deliver to the address provided by you; or
- due to an Event Outside Our Control (see below)”.
In the section above titled “RETURNS AND CANCELLATIONS”, the section “ORDER RETURNS AFTER DELIVERY: DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following:
“Banbroken, Colosseum 1, 1213 NL Hilversum, The Netherlands, will be responsible for any lack of conformity of the products in accordance with the conditions set out in articles L. 217-4 et seq. of the French Consumer Code, and of the hidden defects of these products in accordance with the conditions established in articles 1641 et seq. of the French Civil Code. In the event that your claim is justified, the purchase price and shipping costs will be refunded. For practical information on how to return, visit our help section.
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Please note that under the legal guarantee of conformity, you:
The legal guarantee of conformity is without prejudice to any commercial guarantee that may be provided. You can also decide to act in accordance with the legal guarantee against hidden defects, pursuant to article 1641 of the French Civil Code. In this case, you will be able to choose between the cancellation of the sale or a reduction of the sale price, as established in article 1644 of the French Civil Code”. |
The second and third paragraphs of the section titled “APPLICABLE LAW/JURISDICTION” are deleted in their entirety and replaced with the following two paragraphs:
“Except where prohibited and without limitation to the statutory rights of consumers, you agree that all disputes, claims and legal proceedings arising, directly or indirectly, from or related to the Platform (including, without limitation, the purchase of Banbroken products) and exclusively in the competent courts of Spain.
If you have any complaints, please contact us first via the Contact Us page. If you feel that your complaint has not been adequately addressed, you may (but are not required to) use the Online Dispute Resolution (ODR) platform which can be accessed at http://ec.europa.eu/odr. In addition, you have the right to initiate a mediation procedure by contacting the mediators as indicated: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, phone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediators will attempt, independently and impartially, to reach an amicable resolution of the dispute. In the case of mediation, each party is free to accept or reject the solution proposed by the mediator.
GERMANY
The last paragraph in the section above titled “APPLICABLE LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
“All claims will be filed within two (2) years after the claim arose.”
HUNGARY
The previous section titled “APPLICABILITY” is modified by adding the following:
“These Terms of Sale constitute an implied agreement between you and Banbroken, unless you otherwise meet the requirements for written agreements under Hungarian law ”.
ITALY
In the previous section entitled "Price/PAYMENT", the section "PRICE CHANGES" is replaced in its entirety by the following:
“PRICE CHANGES
The prices of the products will be those shown on the Platform. Prices may change from time to time, but the changes will not affect any order you have submitted even if it has not yet been confirmed in an Order Confirmation.”
In the section above titled “RETURNS AND CANCELLATIONS”, the section “ORDER RETURNS AFTER DELIVERY: DEFECTIVE PRODUCTS” is hereby deleted in its entirety and replaced with the following:
“RETURN OF ORDERS AFTER DELIVERY: DEFECTIVE PRODUCTS
Banbroken, by virtue of article 130 of the Consumer Code, guarantees the conformity of any goods sold for a period of two years after the delivery of the goods. Without prejudice to any rights provided in your favor by applicable law, in the event of a lack of conformity, you will be entitled to have the goods brought into conformity free of charge by repair or replacement or to have it reduced. appropriate in the price or to terminate the contract with respect to said goods, in accordance with article 130 of the Consumer Code. You have the right to exercise the above rights, in the event that any products are defective or otherwise not in conformity with your order when you receive them, provided that you inform us of the non-conformity within two months from the date in which you detect said lack of conformity. In the event that your claim is justified, the purchase price and shipping costs will be refunded. For practical information on how to return, consult the help section of the Website”.
The second paragraph of the section above titled “APPLICABLE LAW/JURISDICTION” is deleted in its entirety and replaced with the following two paragraphs:
“Irrespective of the above applicable legislation, remember that you will enjoy the statutory rights provided in your favor pursuant to section 1, title III of the Italian Consumer Code (Legislative Decree no.º 206/2005)”.
“Except where prohibited and not limited to statutory consumer rights, you agree that all disputes, claims and legal proceedings arising, directly or indirectly, from or in connection with the Platform (including, without limitation, the purchase of products from Banbroken) will be resolved individually, without resorting to any type of class action, and exclusively in the court of the place where you are a resident or has his domicile.
POLAND
The section above titled “GOVERNING LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
“APPLICABLE LAW/JURISDICTION
You agree that the Platform, the Terms of Sale and any dispute between you and Banbroken shall be governed in all respects by the law polish.
Except where prohibited by applicable law, and without limitation to the statutory rights of consumers, you agree that all disputes, claims and legal proceedings arising, directly or indirectly, from or related to the Platform (including, without limiting nature the purchase of products from Banbroken) will be resolved individually, without resorting to any type of collective action, and exclusively in the competent courts in accordance with the applicable legislation .
In case you have a complaint or believe there is a dispute between us, please contact us first via the Contact Us page. In the event that the dispute with us is not resolved, you may (but are not required to) use the Online Dispute Resolution (ODR) platform which you can access at http://ec.europa.eu/odr”.
Date of last revision: August 2020 – WE/CEE
