Terms and Conditions 

 

 

      1. Parties and Definitions

 

www.bluemarinestore.com and www.bluemarinestore.es are commercial names of Blumast S.L. a limited company registered in Palma de Mallorca, address Paseo de Illetas 40, 5G Calvia Islas Baleares, Spain. VAT B57619967. Blumast S.L can be contacted via the “Contact “page at the Websites, at the telephone number indicated on the Web Sites or by ordinary mail to the address above.

 

In these terms and conditions:

 

Blumast S.L is referred to as “Blumast” or “We”,

 “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this or other Websites or by phone and whose order for Products or Services is accepted by Blumast,

 “Contract” is the contract containing these terms and conditions, formed by Blumast’s acceptance of your order, and credit card or other payment method details;

“Invoice” is the invoice issued by Blumast to you for the price of the Products and/or Services,

“Order” means an order placed by you in accordance with these Terms;

“Order Acknowledgement” is Blumast’s acknowledgement of receipt of your order, by e-mail or other medium (including telephone);

“Order Confirmation” means the order confirmation is issued by us to you indicating acceptance of your order; “Products” are the products listed as items for sale on the websites,

 “Services” are any; chargeable or free, services available through the websites or by telephone, for example, delivery or packaging services;

 “Terms” are these terms and conditions of sale,

 “Websites” are the websites operated by or on behalf of Blumast including those located at the internet domain with the URL http://www.bluemarinestore.com,

 “Day” refers to a calendar day.

 

       2. General – Application of Terms and Conditions

 

Your purchase of Products or Services, whether through the Websites or by phone, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by the Customer or in any course of dealing.

 

       3. Placing your Order – Order Acknowledgement, Order Confirmation

 

By placing an Order, you make an offer to Blumast to purchase the Products and/or Services you have selected on these Terms. Blumast may or may not accept your offer at its discretion.  Any Contract is dependant and conditional upon Blumast’s verification of availability and confirmation of both your Order and your credit card or other payment details. If Blumast accepts your Order, you will be notified of its acceptance by the issue of an Order Confirmation. Blumast has 7 days as of the receipt of your placed Order for such verification and confirmation. As long as Blumast has not confirmed both of the above mentioned points, Blumast is not obliged to provide Products and/or Services.  Blumast may at its sole discretion accept or reject orders, or advise you of its inability to process orders. Information contained in advertising, brochures, or other written materials, on the Websites or given to you by phone constitutes an invitation to treat. No such information constitutes an offer by Blumast to supply any Products and/or Services.

 

You may place an Order by:

 

·         Completing the required steps on the appropriate page of the Websites and clicking on the place order button.

·         By telephone on the number indicated on the Websites

 

Please note that Blumast only delivers Products and/or Services to the Countries and regions shown as options in the delivery address fields.

 

When you place your Order, Blumast will send you an Order Acknowledgement by e-mail. Such Order Acknowledgement is automatically generated and shall not constitute an acceptance of the Order. You must ensure that the information you submit in your order is accurate and complete.

 

Blumast will send your Order Confirmation to you by e-mail. If your order cannot be accepted you will be contacted by email or telephone. Order Confirmation which has not been issued within 14 days of the Order Acknowledgement issue date shall be void and the Order will be automatically cancelled by Blumast.

 

       4. Product information and availability

 

Blumast continually updates and revises Products and Services. Blumast may update, revise and/or discontinue Products and/or Services at any time. Blumast endeavours to maintain Product and Service availability. However, Product and Service availability constantly changes and different Products and Product groups or Services may have different availabilities. All acceptances of Orders are subject to availability of the relevant Product(s) or Services. If you consider your order urgent then Blumast recommends that you confirm the availability of the Product(s) and /or Services before placing the Order.

 

       5. Price

 

For orders within the European Economic Community the indicated prices include VAT. For orders outside the European Economic Community and regions considered special status such as the Canary Islands, Ceuta and Melilla and Gibraltar, any local taxes, duties or import costs will be the responsibility of the Customer.

 

Blumast may revise prices for Products or Services listed on the Websites at any time. A price is valid only at the time at which the Customer visits the Website displaying that price or the day on which the Customer is informed of the price by Blumast (by telephone or otherwise).

 

The prices of Products or Services are those which apply at the time of Customer’s Order.

 

Shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law will be charged in addition to the applicable Product price and will be indicated to you prior to placing the Order on the Blumast website or communicated to you by telephone and will also be set out in the Order Confirmation sent to you by e-mail.

 

       6. Manner and Terms of Payment

 

Blumast accepts payment by approved credit card, and bank transfer. Payment options may vary according to the Product from country to country. The Customer must tender payment (via an accepted credit card or other payment means accepted by Blumast) in the currency as indicated in the Order, before the delivery of Products or Services. Invoicing and payment collection by Blumast may be effected through third parties.

 

       7. Customer requirements and account Information.

 

The Customer must be at least 18 years of age and is solely responsible for:

 

·         Providing true, accurate, current and complete information about you as prompted in the Blumast website account details or checkout section or as requested by telephone.

·         Maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of your password.  Blumast shall not be liable for any unauthorized use of passwords.

 

 

      8. Delivery times and Shipping.

 

Blumast aims to deliver promptly. However, there may be reasons for Blumast’s inability to deliver within the specified time. Accordingly, any delivery times indicated on the Websites for the delivery of Products or rendering of Services are estimates only, and

Blumast cannot and does not undertake that delivery will occur within a specified time.

 

You have the option of cancelling your Order at any stage prior to dispatch of your Products by Blumast. You may also have a right to return Products after they have been delivered (see “Your Right to Return and Returns Policy” below).

 

If Products cannot be delivered within the estimated time indicated on the Websites, Blumast may elect to cancel the order and refund any money paid by the Customer. Blumast is solely liable to refund any money paid by the Customer to Blumast; right for damages based on delay in such an event is excluded.

 

      9. Your Right to Return and Returns Policy

 

You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 7 days following the date you receive the Products, subject to compliance with the following:

 

·         You must obtain a return reference number and return address. These may be obtained from the Websites. The return reference number cannot be obtained through any other means, including e-mail. You must return the Products to the address indicated on the return documentation.

·         Your Original invoice must be enclosed with the returned Products.

 

·         You have to bear shipping charges, except in the event where Blumast has sent to you an incorrect or not ordered Product. Products must be returned in the original packaging, in “as new condition”, and with all component products, parts, accessories, guarantee cards, manuals and other documents and items.

 

 

If you return Products (1) which have been damaged or used, (2) after the 7-day returns period, (3) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (4) without pre-paid delivery, Blumast retains the right either to refuse to refund Product purchase price, or to charge you repair, restocking or related fees and delivery charges. Blumast may in that case deduct those fees and charges from any payments to be refunded to you. Blumast will notify you of such procedures prior to refunding any rest amount.

 

On return of Products, Blumast will, subject to the above limitations, repay the actual amount paid to Blumast, less any fees and charges due to Blumast (as per the above), by crediting your relevant credit card or bank account (or other means).

 

The issue by Blumast of a return reference number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.

  

      10. Exceptions to right to return

 

The right of return does not apply if you do not purchase Products or Services as a Consumer.

 

      19. Liability limitation

 

These Terms set out the full extent of Blumast’s obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. Blumast is not liable to you (or any other parties):

 

   1. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases),

     

   2. For 1) inability to order Products or Services via a Blumast website or other media, or 2) damages which occur due to unauthorized access by a third party to your Order account.

 

 

      12. Data Protection and Privacy

 

 

You may browse the Websites without having to submit any personal information, however to place an Order and to access certain sections of the Websites and subscribe to certain Services you must provide data personal to you, such as your name and address, telephone number, contact details and other personal details (“Personal Data”), and choose a password.

This registration is only required once and will avoid having to enter Personal Data on subsequent visits to the Websites. The information you provide is automatically entered into a data base.

 

Blumast guarantees that this Personal Data will be used exclusively:

 

·         for processing your Order,

·         to personalize our Products and Services,

·         to provide promotional information on new Products and Services.. (You may choose not to receive this information if you prefer).

 

You may at any time change your Personal Data or your preferences for receiving promotional information via the “My account” section of the Websites.

 

Blumast will not disclose Personal Data to other entities and persons.

 

 

      Use of Cookies

 

Please note that certain Blumast websites may employ cookies (small pieces of data placed on your hard disk drive when you access a website or a certain part of a website) in order to learn more about your browsing habits on such websites and/or to personalise your visit to the website. By accessing Blumast websites you agree to this use of cookies.

 

 

      13. Changes to Terms and Blumast websites

 

Blumast may amend these Terms, including payment and warranty terms, without notice. Blumast may provide notices of changes to Blumast websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Blumast website. Frequent review of Blumast websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected and Terms, including Product prices are

such which apply at the time of Customer’s Order placement.

 

Although care is taken to ensure the accuracy of the information on Blumast websites, they could include inaccuracies or typographical errors, including pricing errors. Blumast shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product/Service (i.e. incorrect product specification) in which case at our discretion, we may offer you with Products or Services which fulfil or are close to the initially described Product specification (if any). Blumast and third party suppliers may make improvements and/or changes in Products, Services, service programs, prices and other details described in Blumast websites, at any

time. Changes are periodically made to update Blumast websites.

 

 

      14. Governing Law, Jurisdiction

 

The sale of Products and/or Services and these Terms shall be governed by and construed under Spanish Law.