LEGAL NOTICES

  • 1. INTRODUCTION
  • 2. WEBSITE OWNERSHIP
  • 3. LINKS TO CONTENT
  • 4. TERMS OF USE
  • 5. REQUIREMENTS TO BE A REGISTERED USER
  • 6. USER OBLIGATIONS
  • 7. COMMUNICATIONS AND NOTIFICATIONS
  • 8. SCOPE OF THE OFFER
  • 9. ORDER PURCHASE AND ACCEPTANCE
  • 10. GUEST PURCHASING PROCESS
  • 11. PRICE AND TAXES
  • 12. PRODUCTS AVAILABILITY
  • 13. ORDER DELIVERY
  • 14. UNABLE TO DELIVER YOUR ORDER
  • 15. PRODUCT RETURN POLICY
  • 16. TRANSFER OF RISK AND PROPERTY
  • 17. RETURNING DEFECTIVE PRODUCTS
  • 18. GIFT OPTION
  • 19. PURCHASE LIMITS
  • 20. PRODUCT WARRANTIES AND INFORMATION
  • 21. RESPONSIBILITY
  • 22. FORCE MAJEURE CAUSES AND EVENTS
  • 23. PRIVACY AND COOKIE POLICY
  • 24. APPLICABLE LEGISLATION

1. INTRODUCTION

These general terms and conditions (hereinafter, the "Terms and Conditions") are entered into between BIMBA Y LOLA, S.L., (hereinafter, "BIMBA Y LOLA") and all users accessing and visiting the contents of the www.bimbaylola.com/pa_es website (hereinafter, the "Website").

Access to and browsing of the Website implies unconditional acceptance of the contents outlined below. Please check through these Terms and Conditions applicable to the offer and sale of BIMBA Y LOLA products, as well as our Privacy Policy.

This document contains (i) the conditions governing the use of our Website, and (ii) the contract for purchase of BIMBA Y LOLA product(s) between you and our authorized seller, GLOBAL-E SPAIN S.L., in accordance with the information shown below. GLOBAL-E SPAIN, S.L. is a company established in accordance with the laws of Spain, with registered address at Calle Diputación, 260, 08007 in Barcelona (Spain) and Tax ID B66809377 (hereinafter, “Global-e”).

These Terms and Conditions establish the rights and obligations of all users (hereinafter "you"/"your") and BIMBA Y LOLA (hereinafter "we", "us" and "our") in relation to your browsing of our Website, your status as a user, the rights and obligations related to this status, as well as the commercial transactions and use of services involved in the same.

By using this Website you agree to be bound by these Terms and Conditions, the Privacy Policy, and other relevant content to which we may refer. If you do not agree with the contents, you must exit and refrain from using or accessing our Website.

These Terms and Conditions may be amended at any time, so please read them thoroughly. The information shown on this Website takes effect on the date of the latest update. We reserve the right to amend content without prior notice, as well as to limit or block access to the Website.

2. WEBSITE OWNERSHIP

BIMBA Y LOLA is the website owner, and makes available to users all content and products offered on www.bimbaylola.com/pa_es.

The BIMBA Y LOLA registered office is at Avenida de Madrid, 36214, Vigo, Pontevedra province; its tax ID is number B-36950970; and the company is registered in the Commercial Registry of Pontevedra, Volume 3,056, Book 3,056, Folio 218, Sheet PO-36941.

The user recognizes and accepts that all copyright, trademarks and other intellectual or industrial property rights shown or provided as part of this Website are property of BIMBA Y LOLA. Users are not permitted to reproduce, use, distribute, transmit, print or store them on any physical medium for any purpose other than personal and private use that we have expressly authorized. The modification, decompilation or commercial use of any of the same is strictly prohibited.

Accessing this Website does not give users any right to or ownership of the copyright, trademarks and/or intellectual or industrial property rights or the content of the same. Users shall not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information they contain without the express written authorization of BIMBA Y LOLA.

The user is strictly forbidden from altering any of the content or structure of this Website.

BIMBA Y LOLA reserves the right to pursue legal action against users who violate or infringe any copyrights and/or any other intellectual and/or industrial property rights.

All the intellectual and industrial property rights of the Website and its contents belong to BIMBA Y LOLA or its licensors, in accordance with the provisions of Law 35 of 10 May 1996, as amended by Law 61 of 5 October 2012 on Industrial Property in Panama. Any form of reproduction, distribution, modification or tampering, or any other unauthorized use is prohibited without the explicit consent of the owner of the rights. Failure to comply with this clause entails the corresponding sanctions provided by law.

BIMBA Y LOLA reserves the right to block any hyperlinks to its Website that do not have its express prior consent.

We may include links from our Website to other third-party websites. These links are for information purposes only, so BIMBA Y LOLA does not exercise control over the content of said links. Therefore, BIMBA Y LOLA accepts no liability for the information contained on these third-party websites, nor for the information contained therein, their availability, privacy policies or potential damages arising from the use of these websites, in accordance with Law 51 of 2008 on E-Commerce in Panama. Consequently, we accept no liability for any harm or damages arising from the access and use of content displayed on such third-party websites, redirected to from this Website.

BIMBA Y LOLA will erase any link as soon as it becomes aware, by any means, of the illegal nature of its content or any damages to the goods or rights of a third party caused by the same.

4. TERMS OF USE

These Terms and Conditions have been drafted to create a legally binding agreement between you and us, and/or you and our authorized seller Global-e, as outlined in Section 9 below, protecting your rights as a customer and our rights as a company.

BIMBA Y LOLA offers the products on this Website solely to end users acting in their personal capacity with no intention of reselling such products. By using our Website, you confirm and guarantee that you are acting as the end consumer of the product or products requested.

"End user" means any individual or legal entity using this Website for purposes other than those corresponding to the commercial, business or professional activities that they normally engage in.

Global-e reserves the right to not process orders placed by entities other than the end user. The goods and services marketed via this Website may only be purchased by end users in accordance with the provisions of these Terms and Conditions. The version of the Terms and Conditions applying to an order will be that in force (as displayed on the Website) at the time of placing the order.

Users undertake to use the platform lawfully and in accordance with these Terms and Conditions. Any misuse, fraudulent use or compromise of the security, stability or functioning of the Website is strictly prohibited, in accordance with Law 45 of 2007 on Consumer Protection and Defense of Competition in Panama.

In particular, it is prohibited to:

  • Make fraudulent purchases or sales, including the use of unauthorized payment methods or attempted fraud.
  • Publish false or illegal products or services, or any that infringe third-party rights, including items prohibited by law or any violating intellectual property rights.
  • Create multiple accounts in an attempt to mislead, such as manipulating reviews, bypassing restrictions or engaging in illegal activities.
  • Access or attempt to access restricted sections of the site, servers or databases without authorization.
  • Engage in hacking, phishing or any other cyberattack that compromises the integrity of the website or other users' data.
  • Use bots, scripts or automated tools to make mass purchases, alter prices or affect product availability.
  • Introduce viruses, malware or any malicious code that may damage the platform or affect others' user experience.
  • Falsify information in product/service advertisements including prices, terms and conditions of sale or misleading descriptions.
  • Fail to comply with payment and delivery regulations such as refusal to pay for products purchased or failure to deliver sold items.
  • Use the platform for illegal activities including money laundering or the sale of stolen goods.

The Company is not liable for damages or losses resulting from a cyberattack, virus, malware or any malicious code that may affect your computer, computer equipment, data or materials as a result using the website.

Sanctions: The Company reserves the right to suspend or cancel the account of any registered users engaging in any of these practices, and to take legal action if applicable.

5. REQUIREMENTS TO BE A REGISTERED USER

By becoming a registered user, you can browse through the restricted access areas on the Website, use services requiring you to identify yourself and purchase BIMBA Y LOLA products offered on the website. Products can also be purchased as a guest. Please see Section 10 for further information.

A user may be anyone of legal age with legal capacity to enter into contracts and accept these Terms and Conditions. As a registered user you are required to accept these Terms and Conditions expressly and without reserve, confirming your prior knowledge of the same, with the option to save and reproduce them.

Your Website registration will be approved by BIMBA Y LOLA after verifying the information provided in the registration form. Users will then receive an email confirming their registration. At the time of registration, users are obliged to send accurate and complete information in order to complete their user account registration.

The username and password generated to identify you as a user and allow you to use the service are strictly personal and confidential. You are responsible for maintaining your confidentiality. As a result, you expressly accept, unless proven otherwise, that we assume that any use made of the service using these login credentials is done by you only, unless you have previously reported the loss or theft of said credentials.

Your password can be changed via the procedures established for this purpose. The old password will be cancelled as a means of identification when you create a new one.

We may block access and/or use if deemed necessary for security reasons. The service will be automatically blocked after three unsuccessful attempts due to errors in users' credentials.

We will apply to our IT systems the organizational and technical measures necessary to ensure that the service is used properly by users and avoid unauthorized access that may give rise to the disclosure of any of the user's financial information that may be accessible through the service.

6. USER OBLIGATIONS

The user is required to:

a) Provide to BIMBA Y LOLA all the information needed to log in to and use any services requiring prior identification. This information must be accurate, up-to-date and correct. Users are required to provide accurate personal data (name, address, email and other contact details), and agree to let us use this information to contact them if necessary. If all the required information is not provided we will not be able to provide you with the service. BIMBA Y LOLA will not be liable under any circumstances for any delays or failures in the delivery as a result of any errors or omissions in the data provided. Personal data will be processed in accordance with our privacy policy, as well as other applicable local laws.
b) Adopt the security measures necessary to maintain the confidentiality of your username and password. You must immediately notify BIMBA Y LOLA in the event of loss, theft or illegitimate access to your username, or in the event of a third party gaining knowledge of the same.
c) Make proper use of the services included on our Website, always in accordance with these Terms and Conditions and applicable legislation.
d) Refrain from carrying out any activity that hinders or interferes with the functionality of the services included on the Website.
e) Pay for any BIMBA Y LOLA product purchased through the Website, as well as any corresponding management and shipping costs.

7. COMMUNICATIONS AND NOTIFICATIONS

Some of our communications and notifications will be sent in written form, as defined by applicable legislation. As a user of this Website, you agree that most of the communications with us will be electronic.

We may contact you by email or provide you with information by publishing notifications on our Website. You therefore consent to using this electronic means of communication and acknowledge that any contract, notification, information or any other communication we may send to you complies with the legal requirements that they be in writing. This condition will not affect your legal rights.

We may send you notifications by email to the address provided to us when placing an order, or when you subscribed to our newsletter. Please visit our Privacy Policy for further information on how we may process your personal information in order to send you commercial communications. Notifications will be deemed to have been received and correctly made as soon as they are posted on our Website, 24 hours after an email has been sent, or three days after a letter has been sent.

All communications between BIMBA Y LOLA and users will be made by email or via Website notifications, in accordance with Law 51 of 2008 on E-Commerce in Panama.

8. SCOPE OF THE OFFER

The BIMBA Y LOLA products offered on the Website will be distributed solely and exclusively in Panama. Any order with a delivery address located outside of the same will be rejected during the order process. For more information, please contact Global-e Customer Services.

9. ORDER PURCHASE AND ACCEPTANCE

Our Website content is an invitation to purchase. Any purchase made from our Website will be executed between you and Global-e as an official BIMBA Y LOLA seller.

There is no contract between you and Global-e until your order has been expressly accepted (even if it has been charged to your account). If your order is not accepted and your account has been charged you will be reimbursed in full.

To place an order, you must follow the purchasing process on our Website either as a registered user or a guest. Available BIMBA Y LOLA products will be shown with the following information:

a) Product description, reference, size, characteristics, colors, composition and photograph.
b) Unit price (including taxes if applicable).
c) Gift option.
d) Special conditions, if any.

After choosing your product(s), add them to your shopping bag (indicating the number of units you wish to purchase).

Once you have selected any of our items and added them to the shopping bag, you will be able to see your order summary, make amendments, continue shopping or process your order. You will be asked to add additional information to confirm and create your order so it can be processed. This includes your registered user information, or email address if you are shopping as a guest. If you have a promotional code, you must enter it at this point to benefit from the applicable offer

The purchase will be executed on the Global-e payment page, where you will be asked to enter additional information to confirm and create your order. This may include contact information, payment details and card number. By clicking on 'Pay and place order' (or similar), you agree that:

(i) Your purchase is subject to the terms and conditions of Global-e, as a BIMBA Y LOLA authorized seller. As such, please access and read the Global-e Terms and Conditions of Sales.
(ii) You consent to the processing of your personal data in accordance with the Global-e Privacy Policy. As such, please access and read the Global-e Privacy Policy.
(iii) Your information (excluding payment details) will be shared between Global-e and BIMBA Y LOLA.

10. GUEST PURCHASING PROCESS

This Website includes the option to buy products as a guest. In this case, the purchasing process will only request the information required to process and execute your order on the Global-e payment page.

11. PRICE AND TAXES

Price.

The prices on our Website are shown in your local currency, and exclude shipping costs and other applicable sums (import and export costs, among others).

BIMBA Y LOLA reserves the right to change the prices shown on the website without prior notice. Product prices are those shown on our Website at all times, except in cases of manifest error. While we do our best to ensure that all the prices indicated are correct, errors may occur. If we notice an error in the price of the product or products you have ordered, Global-e will cancel the order and will reimburse any amount paid in full. Global-e has no obligation to provide you with the product(s) at a lower incorrect price (even if Global-e has sent you the order confirmation) if the price error is obvious, unmistakable, and reasonably identifiable as an incorrect price. All rights recognized by applicable law are reserved. For more information, please see the Global-e Terms and Conditions of Sale.

Taxes.

In accordance with applicable legislation, any purchase made on our Website is subject to Value Added Tax (VAT) or any other applicable tax or right applicable to import or sales taxes, other customs duties or tariffs that may be imposed by the shipping agent or customs authorities, and will be added to the payment summary prior to making a payment.

According to Panamanian legislation, in reference to Decree Law No.1 of 13 February 2008, created by the National Customs Authority and governing customs, import taxes, sales taxes, and other customs charges or tariffs applied in the destination country are the responsibility of the user. These costs are determined by tax authorities according to various factors such as the nature and classification of goods and international agreements in force. As such, the final product cost may vary depending on the final destination: the destination country's customs and tax authorities will apply the corresponding taxes and charges in accordance with their international regulations and treaties.

For more information, please see the Global-e Terms and Conditions of Sale.

12. PRODUCTS AVAILABILITY

You accept that the products BIMBA Y LOLA offers are subject to stock limits. All orders for BIMBA Y LOLA products are subject to availability. If one of the products is not available when the order is placed, we will inform you as soon as possible, at which point you can change or cancel your order.

BIMBA Y LOLA reserves the right to modify the products offered on the Website at any time with no prior notice.

Product availability will be reported on the Website, with no guarantee as to the existence of stock at any time, in accordance with the provisions of Law 45 of 2007 on Consumer Protection.

13. ORDER DELIVERY

If you place an order as a registered user, you can track the status of your order and view your order history in the 'My account' section.

For more information related to the shipping of BIMBA Y LOLA products, please check the Global-e Terms and Conditions of Sale and/or contact Global-e Customer Service.

14. UNABLE TO DELIVER YOUR ORDER

If we are unable to deliver your order, please refer to the Global-e Terms and Conditions of Sale.

When you receive your order, please check that all items have been received. If there is an error or any issue with your order, see Section 17 on orders and faulty products. The order is considered to have been delivered the moment you, or an authorized third party, receives the items. This will be confirmed by a signature on the note received at the agreed delivery address.

15. PRODUCT RETURN POLICY.

Any request to return your order must be sent via the Global-e returns portal. Simply follow the instructions and provide the information requested.

When we receive the items, we will determine if they are in their original condition. You are responsible for any losses in value. Any products that are returned damaged, incomplete, spoiled, worn or soiled due to the customer’s actions will not be reimbursed.

Check the Global-e Terms and Conditions of Sale for further information on the returns policy.

16. TRANSFER OF RISK AND PROPERTY

As a buyer, you will assume ownership of BIMBA Y LOLA products when you receive the shipping confirmation, and once the product leaves our warehouses. The responsibility for BIMBA Y LOLA products is transferred to you as set out in the Global-e Terms and Conditions of Sale.

17. RETURNING DEFECTIVE PRODUCTS

If you receive the incorrect order or a defective product, please contact Global-e within 24 hours providing all details together with your personal information and contact details.

All rights recognized by applicable law are reserved. If a customer receives a defective product or one that does not meet the characteristics described they may request the return or exchange of the item within 30 days of receipt of the product, in accordance with Law 45 of 2007 on Consumer Protection. The return will not entail any additional cost for the customer, provided that the item is in its original condition and has not been used/worn. In such cases the reimbursement or replacement will be processed using the same payment method used for the original purchase.

Check the Global-e Terms and Conditions of Sale for further information.

18. GIFT OPTION

Our website offers the option to send items as a gift. To do so, order in the usual way, ensuring you select the gift option and enter the recipient's address. When you choose this option, your order will be wrapped in a single package.

By providing the third party's personal data, you guarantee that you are authorized to process their data. You are also required to inform the third party of the terms and conditions for processing their personal data, in accordance with these Terms and Conditions and our Privacy Policy.

If you have received an item as a gift, please follow the Global-e Terms and Conditions of Sale.

19. PURCHASE LIMITS

For security reasons, you will not be able to place orders exceeding 3274.80 PAB, or order more than 30 items over a 15-day period.

20. PRODUCT WARRANTIES AND INFORMATION

The products offered on our Website are carefully selected from our collection. We have taken great care to show the colors and characteristics of our products as accurately as possible. Given that screen settings vary, we are unable to guarantee that your screen or monitor shows the true colors of the products.

21. RESPONSIBILITY

None of these terms and conditions of purchase exclude or limit our liability for (1) death or personal damage caused by our negligence, (2) fraudulent declarations, (3) any other liability that cannot be limited or excluded by the applicable legislation.

Without prejudice to the above, and to the extent permitted by law, we shall not be liable for economic losses (including loss of income, profits, contracts, business opportunities or expected savings), loss of goodwill or reputation, or damages suffered or incurred by you arising from or in connection with these Terms and Conditions.

The contents of this section do not affect your legal rights as a consumer or your right to cancel or withdraw from the contract.

22. FORCE MAJEURE CAUSES AND EVENTS

We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed in virtue of these Terms and Conditions, when the cause is attributable to force majeure events beyond our control.

Force majeure includes any random event, act, lack of service, omission or accident that is outside our reasonable control, including, among others, the following:

- Strikes, lockouts, riots, or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flooding, earthquake, landslides, epidemic or any other natural disaster.
- The inability to use trains, boats, aircraft, motorized conveyance or other means of public or private transportation.
- The inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions declared or imposed by any government.
- Situations, cases and/or circumstances established by case law.

Our obligation to comply with any obligations arising from these Terms and Conditions will be suspended for the duration of the force majeure situation. We will be granted an extension of the stipulated period to fulfil our obligations while this situation persists. We will make every reasonable effort to resolve the force majeure situation or find a solution that, by any means, allows us to fulfill our obligations under these Terms and Conditions despite the force majeure event.

23. PRIVACY AND COOKIE POLICY

Please, visit our Privacy Policy for further information on the processing of your personal data.

24. APPLICABLE LEGISLATION

Spanish legislation will apply to any dispute that may arise from the access to or use of this Website, its contents and services. However, in the case of customers residing in Panama, the provisions of Panama Law will be applied with regard to Consumer Protection and Personal Data Protection. BIMBA Y LOLA undertakes to respect the rights of Panamanian customers, guaranteeing compliance with the applicable local regulations regardless of the jurisdiction established for other users.

Any dispute arising from the use of the Website, its contents and services will be subject to the courts of Vigo.

In the event of a dispute, please note the existence of the European Platform for the resolution of online disputes, made available to customers to resolve any disputes related to the Website. You can access this platform via the following link: https://webgate.ec.europa.eu/odr/.

 

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