This document contains the general terms and conditions (hereinafter referred to as the "Conditions") that govern the use of this website, hosted under the domain bimbaylola.com as well as any other website, media channel, mobile site or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and constitutes a legally binding contract between BIMBA Y LOLA USA, CORP. and its subsidiaries and affiliates (collectively, “BIMBA Y LOLA,” “Company,” “we,” “us,” or “our”), and you, whether personally or on behalf of an entity (“you” or “user”). These Conditions establish your and BIMBA Y LOLA’s rights and responsibilities in regards to browsing, accessing, and using the Site, a user account on the Site, and the commercial transactions and usage of services included in the same.
These Conditions may be modified at any time, so you should read them before placing each order. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference into these Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Conditions, and you waive any right to receive specific notice of each such change unless advance notice is required by law. It is your responsibility to periodically review these Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Conditions by your continued use of the Site or by placing an order on the Site after the date such revised Conditions are posted.
All products offered on the Site are sold directly by BIMBA Y LOLA USA, CORP., headquartered at Corporate Creations Network Inc., 3411 Silverside Road Tatnall Building #104, Wilmington, DE 19810.
CONTACT: For any questions, consultations or suggestions, please send your comments by e-mail to: email@example.com.
2. WEBSITE OWNERSHIP
All intellectual and industrial property rights in the Site, as well as all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are the property of BIMBA Y LOLA, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, the European Union, other foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Conditions, no user is authorized to make use of the Site, Content, or Marks, nor print, copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, store them on any physical medium, or otherwise exploit them for any reason other than for personal and private use, without our express prior written permission. The modification, decompilation or commercial use of any part of the same is strictly prohibited.
Accessing this Site does not give the users any right or ownership whatsoever to the intellectual or industrial property rights nor to the contents it contains. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Any alteration to the content or structure of this Site is strictly prohibited.
BIMBA Y LOLA reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.
Should you detect any suspicious activity that violates any intellectual or industrial property rights or any other rights, we would ask that you notify us via our contact form.
BIMBA Y LOLA reserves the right to block electronic links that redirect to this Site without express authorization in advance.
Our Site may contain links to websites owned by third-parties (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
4. TERMS AND CONDITIONS OF USE AND SALE
These Conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and letting you know about our rights as a business.
These conditions regulate the offer, purchase, acceptance, and delivery of BIMBA Y LOLA products between you and us.
BIMBA Y LOLA offers the products solely to end user consumers who acquire goods with no intentions of reselling them. BIMBA Y LOLA does not offer products through this Site to any businesses or organizations.
BIMBA Y LOLA reserves the right not to fulfil orders made by entities that are not consumer customers. Additionally, BIMBA Y LOLA reserves the right not to fulfil any orders made by persons who fail to comply with these Conditions.
5. TERM AND TERMINATION
These Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
6. REQUIREMENTS FOR BECOMING A REGISTERED USER
Becoming a registered user enables you to browse through the different restricted-access areas included on the Site, use the services that require you to log in, and buy any BIMBA Y LOLA products that may be offered on the same.
A registered user may be any person over the age of 18 that has full authority to enter into the contract established by these Conditions. Becoming a registered user requires you to read and expressly accept the terms included in these Conditions. You will have the chance to save a copy of these Conditions for your future reference. Only registered users can purchase products through our Site.
The username and password that enable you to identify yourself as a user, and to use our Site, are strictly personal and confidential. You are responsible for keeping them confidential and will be responsible for all use of your account and password. We will not necessarily know that your account has been used by someone other than you without your permission, or that your account or payment details have been compromised unless you tell us. Please let us know immediately if your account details or payment details have been lost or stolen, or if you have any concerns about the security of your account with us. You may change your password through your user account settings.
If we become concerned about the security of your account, we may block access and usage of it. For example, access to your account will be blocked automatically following three successive errors in entering the correct user account details or usage codes. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We provide the organizational and technical measures necessary on our own computer equipment designed to keep our Site safe and secure. However, we do not guarantee that our Site, including your user account area, will be error-free or secure from bugs or viruses. You are responsible for your own information technology and security, and you should use your own virus protection software.
You must not at any time introduce any virus, malicious content, or material that is technologically harmful to our Site. You must not seek to gain unauthorized access to our Site, or any server, computer or database connected with it. Please be aware that failure to adhere to this could be a crime. We will report any suspicious activity to the appropriate law enforcement authorities and fully co-operate with them to identify and prevent such activity.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. USER OBLIGATIONS
In order to use our Site and to purchase products from it, you must comply with these Conditions. In addition, you must:
- Be at least 18 years of age.
- Provide BIMBA Y LOLA with complete and accurate personal details to enable us to easily identify you and deliver products to you. If you do not provide all of the information requested, we will not be able to process your order. BIMBA Y LOLA shall not be responsible for delays or failures in the delivery of your order as a result of your failure to provide us with accurate and up to date data.
- Not place fraudulent, false or speculative orders. BIMBA Y LOLA reserves the right to cancel the order and/or inform the relevant authorities if we have reason to believe that to be the case.
- Take the necessary security precautions to maintain the confidentiality of your username and password, as well as notify BIMBA Y LOLA immediately in the event of loss, misplacement, theft, robbery, or unauthorized access to your username or password, or disclosure of it to third parties.
- Use the services on this Site properly, in compliance with applicable laws.
- Refrain from conducting any activity that hinders or interferes with the functionality of the services included on the Site, including accessing the Site through automated or non-human means, whether through a bot, script or otherwise and not using the Site for any illegal or unauthorized purpose.
- Pay for any BIMBA Y LOLA products purchased through the Site, as well as any shipping and handling charges that may apply, in full.
a. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
i. Distribute log in details so that multiple users are sharing one log in.
ii. Sell or otherwise transfer your profile.
iii. Use a buying agent or purchasing agent to make purchases on the Site.
iv. Use the Site to advertise or offer to sell goods or services.
v. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
vi. Attempt to impersonate another user or person or use the username of another user.
vii. Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
viii. Engage in unauthorized framing of or linking to the Site.
ix. Make improper use of our support services or submit false reports of abuse or misconduct.
x. Use any information obtained from the Site in order to harass, abuse, intimidate, threaten or harm another person.
xi. Delete the copyright or other proprietary rights notice from any Content.
xii. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (a) prevent or restrict the use or copying of any Content; (b) enforce limitations on the use of the Site and/or the Content contained therein; or (c) prevent or restrict access to any portion of the Site.
xiii. Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
xiv. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
xv. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
xvi. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
xvii. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
xviii. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
xix. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
xx. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
xxi. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
xxii. Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
If you have any questions about these Conditions or our Site, please contact firstname.lastname@example.org.
8. MOBILE APPLICATION LICENSE
a. USE LICENSE
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
b. APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Conditions against you as a third-party beneficiary thereof. Apple and Google are not a sponsor of any content or the Site.
Some of the notifications or information that we send will be in writing, as required by applicable regulations, so as a user of this Site, you accept that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by publishing alerts on this Site. This condition shall not affect your rights as allowed by law. Notifications will be considered to have been received and correctly given as soon as they are posted on our Site, 24 hours after being delivered by e-mail or three days after any letter has been posted.
10. SCOPE OF THE OFFER
These Conditions relate to products purchased on the US pages of our Site. We do not currently distribute products outside the territory of the United States of America (except Puerto Rico).
Any order with a delivery address located outside of this territory will be rejected. For orders with a delivery address located outside the territory of the United States of America (including Puerto Rico), check the terms and conditions of the local BIMBA Y LOLA website.
11. CONTRACT WITH BIMBA Y LOLA AND ORDER ACCEPTANCE
The content of our Site is an invitation for you to purchase products from us. Until your order has been accepted by us (even if your account has been charged), there is no contract between you and us.
After you correctly complete the order process and click “Confirm Order,” you will receive a confirmation e-mail from us. This does not mean that your order has been accepted. We will confirm acceptance of your order by sending you an e-mail informing you that certain products in your order are being delivered (“Delivery Confirmation”). Only then shall the contract between you and us be formed.
Only the BIMBA Y LOLA products listed in the Delivery Confirmation shall be covered by this contract. If the Delivery Confirmation only refers to some of the products in your order, the contract for the sale of these products will not be made until we confirm delivery of them in a separate Delivery Confirmation.
BIMBA Y LOLA reserves the right not to accept any order. BIMBA Y LOLA may not always be able to accept your order. For example, products in your order may be out of stock, there may be an error in the product description or the pricing of your order, you may not have sufficient funds for the value of your order, or there may be unexpected events outside of our control meaning that we are unable to fulfil your order. If we cannot accept your order, we will let you know and reimburse you for any sums paid to us for products that cannot be delivered.
Once your order is confirmed you cannot cancel your order. To receive a refund you will need to follow the returns process below.
12. PRODUCT RETURNS POLICY
Timescales to Return
You can cancel and return your order within the longer of the following periods:
a) Within thirty (30) calendar days following the date on which the order was made.
b) Within fourteen (14) calendar days following the day on which you.
How you can Return
Products can be returned by mail our courier by sending the items to the following address:
BIMBA Y LOLA
7535 N Kendall Dr L.2150A
If you return products to us by mail or courier you must pay all direct costs incurred in returning them, such as transport charges. Under no circumstances can we accept returns sent with unpaid postage.
We will not accept any liability for the loss, delay or shipping to the wrong address of any products you wish to return to us, unless it is due to our negligence. For this reason, we recommend you send them by registered mail, with acknowledgement of receipt or via a system that certifies delivery. It is your responsibility to prove that the articles were returned to us in accordance with this Returns Policy.
We will refund you in full for the amount that you paid for the products you returned, provided that the products are returned to us within the timescales above, in the same condition as they were when you received them, together with their full original packaging, labels and all related accessories. To exchange or return lingerie, swimwear, jewelry, and accessories, the safety seal must be kept intact.
When we receive the products from you, we will check that they are in the same condition as when they were sent to you originally. We may make a deduction in any reimbursement made to you to cover the loss in value of the products due to handling. No refund will be offered for returned products that are damaged, incomplete, spoiled, used or soiled after delivery to you or to someone on your behalf, and any such products will be returned to the sender and sent with unpaid postage.
If the returned products do not comply with this Returns Policy, you will not be entitled to receive a refund and we will return the BIMBA Y LOLA order products to you with unpaid postage.
If you return your full order to us in compliance with the Returns Policy we will refund you the amount you paid for the products and the cost of our standard delivery charges. If you selected a delivery method other than the least expensive, standard delivery, BIMBA Y LOLA will not refund the additional costs you have incurred in this respect.
If you have placed an order for more than one product and do not wish to return all the products in the order, we will only refund the amount for the products you return to us, without refunding the delivery charges. The reason for this is that the charges incurred in a home delivery are fixed. They are paid for each order placed, and do not vary based on the number of garments or items included in the order.
Any refund due to you will be refunded as quickly as possible, and in any event within 14 calendar days from the date on which BIMBA Y LOLA receives the items returned to us for a refund. Any sums due to you will be refunded to the same credit or debit card that you used to make the order.
If the recipient of the BIMBA Y LOLA products is not the person who paid for them, the refund will be made to the person who made the payment.
You can exercise your right to cancel your order through any type of unequivocal declaration that indicates to us your decision by this contact form.
Products that you cannot Return
Please be aware that there will be no right to a refund, or to cancel your order, in the following circumstances:
1) Customized Products. For these purposes, Customized Products are considered to be those whose features are determined by individual selection or decision by you, or when you have requested the customization of a product’s features or components, including, but not limited to, the inclusion or engraving of a person’s initials on the product.
2) For health and hygiene reasons, when purchasing sealed goods such as lingerie, swimwear, jewelry, and accessories, when the seals have been removed after delivery.
13. PRODUCT AVAILABILITY
Products offered by BIMBA Y LOLA on our Site are subject to stock limits. All orders for BIMBA Y LOLA products are subject to availability. If any of the products are not available once you have placed the order, we will inform you as soon as possible. At that time, you can cancel your order and we will refund you for any amounts that you have been charged by us for the products that cannot be delivered.
BIMBA Y LOLA reserves the right to modify the products offered on the Site at any time without prior notice.
14. PURCHASE PROCESS
The following procedure has been established for purchases on the BIMBA Y LOLA Site, which may be made in Spanish or English.
1. The user must access the online store hosted on the BIMBA Y LOLA Site www.bimbaylola.com here you will find the following information:
a) Description of the product, reference, size, characteristics, colors, composition and photograph
b) Unit price
c) Delivery charges
d) Offer validity conditions, if any
e) Add to wishlist
2. Once you have selected the BIMBA Y LOLA product or products you want to buy, you must add them to your bag, indicating the number of units you wish to acquire.
3. Once you have included the BIMBA Y LOLA products you have chosen to your shopping bag, you can access the shopping summary by pressing "Checkout". The shopping summary will display the following information:
b) Reference code
d) Unit Price
e) Total Price of each BIMBA Y LOLA product in your bag
f) Total Price of the purchase
g) The option to send as a gift
If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions.
4. Next, you must log in to your user account. If you are a registered user, you must provide your username and the corresponding password. If you have not registered previously, you must create an account on the Site.
5. Once you have registered or signed in, you will be able to revise and/or modify your delivery and billing information. You can also then continue to Order Confirmation where you shall see a summary of your order, the option to send order as gift and write a gift-card message and view terms and conditions of purchase. At this stage you will also be asked to choose your payment method and enter your payment details.
6. To purchase the products in your basket, you must agree to these Conditions and click on the “Confirm Order” button. This implies that you accept an obligation to pay for the products you have ordered.
Shortly after you have pressed "Confirm Order", you will receive an e-mail from us confirming receipt of your order. We will then analyze the purchase order to determine if it meets all of the requirements for processing. Once we have completed the verification, we will send you an e-mail confirming its delivery or rejecting it.
15. ORDER DELIVERY
BIMBA Y LOLA products are delivered through a courier service. Your order will be delivered within 15 working days from the moment in which we have confirmed the order.
The standard delivery charge will be $8 for each order. For orders above $150, the standard delivery will be free of charge.
Once the order has left our warehouses, we will send an e-mail notifying you that your order has been accepted and is being delivered.
Orders will be delivered to the delivery address that you provided when you purchased the products, so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete.
You can track the status of your order in the “My Account” zone of our Site.
For security reasons, BIMBA Y LOLA will not send any orders to post office boxes or military bases, nor will orders be accepted when it is impossible to identify the order recipient or their address.
Please be aware that when selecting PayPal as your method of payment, no changes can be made to the delivery address once the order has been made.
When your order is delivered, you should check to ensure that items are correct and undamaged. If there are any errors or problems with your order you should contact BIMBA Y LOLA via email indicating your personal details, order number and the discrepancies and/or problems found to help us easily locate your order details. We will contact you within  days to resolve the situation.
BIMBA Y LOLA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR BIMBA Y LOLA’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY.
16. INABILITY TO DELIVER
If you do not receive your order in the timeframe indicated for your chosen delivery method, please contact BIMBA Y LOLA to inform us of this.
If it is impossible to carry out delivery, the courier company will contact you to arrange a new delivery date. If in this case and you wish to modify the delivery address and/or delivery method from that selected originally, you will be responsible for any additional costs this may incur.
If within 15 calendar days from delivery notification, courier does not receive a reply from you and the order cannot be delivered, items will be returned to us.
Once returned orders are received in our warehouse, we will proceed with the refund of the order amount and delivery charges. If you have selected a delivery method other than standard delivery, BIMBA Y LOLA will not reimburse the extra charges you paid for this service. Also note that you will be liable for return costs (cost of returning order to our warehouse).
17. TRANSFER OF RISK AND OWNERSHIP
You take ownership of the BIMBA Y LOLA products when the order is delivered and we receive payment in full for the products, including all taxes, shipping and other charges. Until you take ownership of the products, we retain full legal title to them. Liability for the BIMBA Y LOLA products is transferred to you as soon as the order is delivered to you or to someone on your behalf.
18. CURRENCY, TAXES, PRICE AND PAYMENT METHOD
The prices on our Site are shown in US Dollars.
The delivery charges are added in the purchase summary, before making payment.
If at the time of purchase, you select a country that differs from that where you were viewing the products variations in prices and delivery costs may arise in the final order summary.
The price of the products will be as stipulated on our Site at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the pages are correct, errors may occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or we do not receive a response from you, the order will be cancelled, and any amounts paid will be reimbursed in full. BIMBA Y LOLA reserves the right to modify the prices show on the Site without prior notice.
The price that is shown on the shopping cart is the amount you will be charged, plus applicable sales tax and shipping charges. State laws require companies to collect sales tax from residents shipping merchandise to states where the company transacts business. BIMBA Y LOLA collects state and local sales tax where applicable.
All rights recognized by the applicable legislation are reserved.
BIMBA Y LOLA accepts payments made via credit or debit card (Visa, Visa Electron, Mastercard and Maestro) and Pay Pal. Please contact your card Company or payee for details of how they process your payment and how they use your personal data.
19. DEFECTIVE PRODUCT RETURNS
If you receive an order in error, or a defective product, we ask that you contact us as soon as possible, indicating the error or defect, along with your personal details and order number, using our contact form or at the following e-mail address email@example.com.
Incidences will always be dealt with from the purchase market.
We are under a legal duty to provide goods in conformance with these Conditions. If you want to return a defective product, or an order received in error, please post the order back to us within 30 days. Further information about our Returns Policy can be found in Section 12 of these Conditions.
We will examine the returned product carefully and notify you by e-mail within a reasonable period of time whether the item will be refunded or replaced (if appropriate). The item will be refunded or, at your choice, replaced as soon as possible and, in any case, within 30 days of the date on which we sent the e-mail confirming that the product would be refunded or replaced.
If we cannot replace a defective product, we will refund the amount you paid for the defective product, including standard delivery charges.
The refund will be made using the same method as that of payment.
All rights recognized by the applicable legislation are reserved.
20. GIFT OPTION
Our Site offers you the option to send items as gifts. To do this, you should make the purchase in the usual way, entering the delivery address for the recipient of the gift and select as a gift option.
You can write a personalized message for the recipient. By selecting this option, your order will be wrapped in a single parcel.
If you provide us with personal data of a third party, you guarantee that you have the authority to handle such data. Likewise, you are obliged to inform said third party of the terms and conditions for the processing of their data.
We do not routinely monitor personalized messages, you alone are responsible for the personalized message. We reserve the right to refuse to deliver a personalized message that you submit if, in our sole discretion, it is or is likely to be considered to be illegal, obscene, harmful, abusive, threatening, discriminatory, inflammatory, sexually explicit, fraudulent, or infringing of any intellectual property rights.
If we reject your personalized message for any reason, we reserve the right to cancel your order and refund any payments you have made. If we decide to dispatch your order without your message, you cannot cancel the order by virtue of our decision not to send the message.
If you have received an item as a gift, you must follow our usual Returns Policy in order to make an exchange or return. The returned amount will be refunded to the person who made the purchase via the same payment method they used.
21. PURCHASE LIMITS
For security reasons, you cannot, within a 15 day period, place orders which are individually or in total in excess of $3.000 nor containing over 50 items. If you are interested in making purchases in excess of that amount or quantity, please contact our customer support service via our contact form.
22. PRODUCT INFORMATION
The products offered on our Site are a carefully selected sample of our collection to provide you with an illustration of our products. We have taken special care in showing the colors and characteristics of our products. Of course, each device is calibrated differently, and we cannot guarantee that your device shows entirely true colors. Your products may differ from the images on our Site.
23. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you or any user of the Site believes its copyright, trademark or other property rights have been infringed by any content posted on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed;
C. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
D. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
F. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Access to the site of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be BIMBA Y LOLA Legal Department firstname.lastname@example.org. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.
ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.
24. DISCLAIMER; LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WHICH MEANS THAT WE GIVE NO GUARANTEES AS TO THE OPERATION OF THE SITE. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SERVERS; (4) ANY INTERRUPTION OR CESSATION OF ANY TRANSMISSION TO OR FROM THE SITE; OR (5) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL BIMBA Y LOLA BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF THE SITE, ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF BIMBA Y LOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Notwithstanding any other provision hereof, in no event shall BIMBA Y LOLA’s total liability relating to or in connection with any products whether based on contract, warranty, tort (including negligence), strict product liability or otherwise, exceed the actual amount paid to BIMBA Y LOLA by you for the product(s) giving rise to the liability. In no event shall BIMBA Y LOLA be liable for the costs of procurement of substitute good or services.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your Submissions; (2) your use of the Site; (3) your purchase of products and services made available through this Site; (4) your breach of these Conditions; (5) any breach of your representations and warranties set forth in these Conditions; (6) your violation of the rights of a third party, including but not limited to intellectual property rights; or (7) any harmful act by you toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing unless prohibited by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
There may be information on the Site that inadvertently contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
27. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
28. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
29. EVENTS BEYOND OUR CONTROL
We shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed during an order, when the cause is due to events that are beyond our reasonable control.
This includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:
- 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, sinking, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions by governments.
If we become aware that your order is affected by any events beyond our control, we will contact you as soon as possible to let you know, and we will take steps to minimize the delay. In doing so, our obligations to fulfil any order shall be suspended during the period in which the situation remains in effect, and we shall be granted an extension to fulfil our obligation while such a situation lasts. We will make every effort to bring an end to the situation or to find a solution by any means that enable us to fulfil our obligations of your order in spite of it. However, if there is substantial delay to the fulfilment of your order, you may contact us to cancel it and receive a refund for any products you have paid for but not received.
31. APPLICABLE LEGISLATION; ARBITRATION
We hope that you are completely satisfied with the purchase of your product. We will make every reasonable effort to resolve any disagreements that you have with us. However, if we are unable to resolve any dispute that arises in connection with your transaction, this Site, or these Conditions to your satisfaction, these Conditions govern the dispute resolution process.
Any claim, dispute, or controversy you may have against us arising out of, relating to, or connected with this Site or your transaction (each, a “Dispute” and collectively, the “Disputes”) shall be resolved exclusively by binding arbitration by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable) and as amended by these Conditions (“Arbitration Rules and Procedures”).
The AAA’s Rules, and a form for initiating arbitration proceedings, are available at the AAA’s website located at https://www.adr.org/.
This section applies to all consumers to the fullest extent allowable by law. The Disputes governed by this Section include without limitation (1) claims arising out of or relating to any aspect of the relationship between you and us; (2) claims that arose out of your use of the Site; and (3) claims currently the subject of a purported class action litigation in which you are not a member of a certified class.
However, the dispute resolution procedure specifically does not apply to (1) a claim relating to the enforcement or validity of your or our intellectual property rights; or (2) a claim relating to an allegation of theft, piracy, or unauthorized use.
You agree that: (1) the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized by law; (2) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
You and BIMBA Y LOLA agree that (1) each party can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (2) arbitration can decide only your and/or BIMBA Y LOLA’s individual claims, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and (3) the arbitrator may not consolidate or join claims of other persons or parties who may be similarly situated and may not otherwise preside of any form of a consolidated, representative, or class proceeding.
Except as specified in the paragraph immediately above, if any part of this Arbitration Provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Arbitration Rules and Procedures established by the AAA, then remaining provisions of the Arbitration Provision will not be affected and will be enforced to the fullest extent of the law.
Limitation to assert a claim. In no event shall any Dispute be commenced more than one (1) year after the facts giving rise to the claim occurred.
These Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Conditions shall not operate as a waiver of such right or provision. These Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Conditions or use of the Site. Except where prohibited by applicable law, you agree that these Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Conditions and the lack of signing by the parties hereto to execute these Conditions.