Terms and conditions

LEGAL NOTICE AND TERMS OF USE 

In compliance with the duty of information contained in article 10 of Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico, it is stated: 

This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.beatandsift.com) and the purchase of products on it (hereinafter, the "Conditions" ), regardless of the application, digital medium, support or device through which it can be accessed. Please read these Conditions and our Privacy and Cookies Policy ("Privacy and Cookies Policy") carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and by our Privacy and Cookies Policy, so if you do not agree with all the Conditions and with the Privacy Policy and Cookies, you must not use this website.

If you have any questions related to the Conditions or the Privacy Policy, you can contact us through our contact channels. 

2. OUR DATA 

The sale of items through this website is carried out under the Beat & Sift name by BEAT&SIFT ESPAÑA, a Spanish company with registered office at PTD Muela de Pota Núm 27 10 Chiva, Valencia 46370, with CIF Y7362785Q. The contact email is info@beatandsift.com 

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE 

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4. USE OF OUR WEBSITE 

By using this website and placing orders through it, you agree to: Make use of this website only to make legally valid queries or orders. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities. Provide us with your email address, postal address and/or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need when placing an order through this website, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. 

5. HOW TO PLACE AN ORDER 

To place an order, you must follow the online purchase procedure and click on "Authorize payment". Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also notify you by email that the product is being shipped (the "Shipping Confirmation").

6. TECHNICAL MEANS TO CORRECT ERRORS

In the event that you detect that an error has occurred when entering your personal data during your purchase on this website, you can correct errors related to the personal data provided during the purchase process by contacting customer service through the website or email info@beatandsift.com, as well as exercise the right of rectification contemplated in our Privacy and Cookies Policy through info@beatandsift.com.

This web page shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections has not been provided correctly. If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service at the aforementioned email address to correct the error.

Likewise, this web page offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the data of your order. If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, at the telephone number or email address mentioned above, to correct the error. 

7. AVAILABILITY OF THE PRODUCTS

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.

8. DELIVERY

Before placing the order, you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will ship your order consisting of the product(s) listed in each Dispatch Confirmation without undue delay and no later than 30 calendar days from the date of the Order Confirmation.

Keep in mind that Beat & Sift products are handmade, made by hand in Spain and there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances that may affect the delivery date. If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.

For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires the material possession of the products, which is will prove by signing the receipt of the order at the agreed delivery address.

9. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, your order will be returned to our warehouse. In the event that the order has not been delivered for reasons not attributable to us, we will contact you and, if thirty (30) days have elapsed since we made the item available to you, you have not picked it up or refused to receive it, will be considered abandoned. For more information, you can contact us through our Customer Service channels.

10. TRANSFER OF RISK AND OWNERSHIP

You will acquire ownership of the products at the time of delivery (as defined in clause 9 above), if delivery occurs at a later time. The risks of the products will be at your expense from the moment of delivery.

11. PRICE AND PAYMENT

The prices on the website include VAT, but exclude shipping costs, which will be calculated and added to the total amount when entering the shipping details.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation.

Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the data of your order.

You can use the PayPal and Stripe platform as a means of payment for payment with Visa, Mastercard, American Express, Affinity Card, etc.

We inform you that Beat & Sift with registered office at PTD Muela de Pota Núm 27 10 Chiva, Valencia 46370, with CIF Y7362785Q, will make the collections and, where appropriate, reimbursements related to payments made through of this web page.

By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate owner of the gift or credit card.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuer of the same, but if said entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

12. VALUE ADDED TAX AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at all times depending on the specific item in question.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories. You expressly authorize us to issue the invoice electronically, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send the invoice in that format. You can request it by contacting our customer service, through any of the means made available to you and free of charge.

13. RETURN POLICY

13.1 Legal right to cancel the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.

The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.

To exercise the right of withdrawal, you must notify us to Beat&Sift via email info@beatandsift.com, your decision to withdraw from the contract through an unequivocal statement. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

Consequences of withdrawal

In case of withdrawal by you, we will refund all payments received from you, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive method of ordinary delivery that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you wish us to make the refund. You will not incur any costs as a result of the reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

You must return or request a return on our website through a messenger/courier, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw the contract. The deadline will be considered met if you return the goods before the deadline has expired.

Unless you return the goods through a messenger/courier organized by us, you must bear the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

13.2 Contractual right of withdrawal

In addition to the right of withdrawal legally recognized for consumers and users and mentioned in clause 13.1 above, we grant you a period of 30 days from the Shipping Confirmation to return the products (except for those mentioned in clause 13.3 below, for which the right of withdrawal is excluded). In the event that you return the products within the contractual term of the right of withdrawal, but after the legal term has elapsed, you will be reimbursed only the price paid for such products. You will be responsible for the direct costs of returning the product when you do not make the return through a messenger/courier organized by us. You may exercise your right of withdrawal in accordance with the provisions of clause 13.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within a period of 30 days counted from the Shipping Confirmation.

13.3 Common Provisions

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product(s) while they are in your possession. Please return the item using or including all of its original packaging, instructions, and other accompanying documents.

Returns via messenger/Courier:

You must contact us through info@beatandsift.com to organize the collection at your address. You will be responsible for the return costs. Please note that if you decide to return the items to us freight collect, we will be authorized to charge you for any costs we may incur.

Keep in mind that, once the order has been delivered, in the event of exercising the legal or contractual right of withdrawal, when you are the one who organizes the transport of the order, without therefore said service having been offered by us, we cannot assume the risk on the return package when it refers to causes not attributable to Beat & Sift.

After examining the article we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you communicated your intention to withdraw.

However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. The refund will always be made in the same payment method that you used to pay for the purchase. You will bear the cost and risk of returning the products to us, as stated above. If you have any questions, you can contact us through our contact channels.

If we receive an item after the stipulated period, in poor condition, with the wrong content (for example, items that are not Beat & Sift) or that, in short, does not meet the characteristics to be able to withdraw from the contract, you will not be entitled to a refund of amounts. We will contact you and if after two (2) months from when we put the item at your disposal you have not picked it up or you refuse to receive it, we will not be responsible for it and it will be considered abandoned.

We will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.

In any case, the rights and actions recognized by current legislation are protected.

13.6 Returns of defective products

In cases where you consider that at the time of delivery the product does not conform to the provisions of the contract, you must contact us immediately through our contact channels, providing the product data as well as the damage it suffers and we will tell you how to proceed.

You can return the product by delivering it to a courier that we will send to your address when requesting the collection.

We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned due to some defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The refund will be made in the same means of payment that was used to pay for the purchase.

In any case, the rights recognized by current legislation are protected.

14. GUARANTEES

If you contract as a consumer and user, you have the right to corrective measures, free of charge, in the event of non-conformity of the goods. We offer guarantees on the products that we market through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within a period of three years from the product delivery.

It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. In this sense, if any of the products is not in accordance with the contract, you must inform us following the procedure detailed in section 13.6 above and through any of the means of communication provided for this purpose.

The products we sell, especially handicrafts, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in sales, texture, knots and color, will not be considered defects or tares. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural features are unavoidable and must be accepted as part of the individual product appearance.

Our commercial guarantee will not affect the rights that you have recognized by current legislation.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use such material only as expressly authorized by us or those who granted us a license for its use.

16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically damaging or harmful program or material. You will not attempt to gain unauthorized access to this website, the server on which the website is hosted, or any server, computer, or database associated with our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the appropriate authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or material as a result of the use of this website or of downloading content from it or to which it redirects.

17. LINKS FROM OUR WEB PAGE

In the event that our web page contains links to other web pages and materials of third parties, said links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

18. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

19. NOTIFICATIONS

The notifications that you send us must be sent through the email info@beatandsift.com.

Unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered by post or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , which we could have granted.

21. EVENTS BEYOND OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following: a. Strikes, lockouts or other protest measures, b. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war, c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, d. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private, e. Inability to use public or private telecommunications systems, f. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to perform our obligations despite the Force Majeure Event.

22. WAIVER

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with said obligations.

No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

23. PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

24. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire existing agreement between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except as expressly mentioned in these Conditions.

Neither you nor we will have any remedy against any misrepresentation made by the other party, verbal or written, prior to the date of a contract (unless such misrepresentation was made fraudulently) and the only remedy available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.

25. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.

If you do not agree with the changes made, we recommend that you do not use our website.

26. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes as such.

27. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact channels.

Likewise, you can send your complaints and claims through our contact channels or the email info@beatandsift.com, which will be attended by our customer service in the shortest possible time and, in any case, within the legally established. Likewise, they will be registered with an identification key that we will inform you of and will allow you to monitor them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address info@beatandsift.com in order to request an out-of-court dispute resolution.

In this sense, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. in terms of consumption accessible through the Internet address https://ec.europa.eu/consumers/odr/.

28. CONTACT

Please note that the email address info@beatandsift.com is enabled for the purpose of allowing easy and direct access to the identification data of BEAT & SIFT ESPAÑA as a company that sells the goods, as well as for the purpose that you can file the complaints or claims it deems appropriate.

For more information please consult the "Contact" section of the website.

Last update: 06/04/2022