Terms of use & conditions of purchase

1. Terms of use:

 

1.1.- Identification Data: The owner of the domain and the website www.bellumwatches.com and all subdomains and directories included therein (hereinafter referred to as the “Website” or the “Platform”) is Alan Diez Cárdenas, established in Huelva (Spain), C/ Nicolas Orta, 1, 4-O, C.P. 21.006, with national identity and tax number: 49.083.170-C. Contact e-mail: info@bellumwatches.com. Hereinafter referred to as BELLUM WATCHES.

 

1.2.- Information about how to use the Website:

1.2.1. Access and use of the Website: The access and use of the Website are governed by these terms of use, which are accepted by the user by accessing and using the Website.

The user declares to be over 18 years old and empowered to be bound to these terms of use, accepting expressly and without exception that the access and use of the Website, its services and contents is at his/her sole and exclusive responsibility.

If the user does not agree with these terms of use, he/she should leave the Website, unable to enjoy the services that it offers.

 

1.2.2. User registration: Anyone can access and browse the Website, without any prior registration or subscription. However, the user must register imperatively to place an order. If the user clicks on “MY ACCOUNT” option of the menu in the home page, he/she access to a page in which the user, if already has a customer account, he/she can log-in or if he/she does not have a customer account, can start the procedure to create an account by entering the e-mail and pressing the “CREATE AN ACCOUNT” button. Then, BELLUM WATCHES does not have access to the email address. Once the "CREATE AN ACCOUNT" button has been clicked, a new page is accessed in which the user can provide the following information: name, surname, e-mail address and a password of your choice.

The user must read the terms of use and privacy policy, and if he/she agree with them, he/she must check the box of acceptance established to that effect and press the ”REGISTER” button.

Next, BELLUM WATCHES will confirm that the account has been successfully created, informing him that he will be able to manage his data and his orders. In addition the system will send you an email in the same direction, remembering the access data.

Once registered, the user will have access to his/her customer account, called “MY ACCOUNT”, filling the username (which will be the e-mail) and the password (which will be the one entered at the time of registration) . If forgotten the password, the user must click on the link "Forgot your password?", and BELLUM WATCHES will give the user the way to get a new one.

In "MY ACCOUNT", the user will be able to complete or modify his/her personal data, his/her shipping or billing addresses or consult the order history.

When the user completes this data, he will not be asked to accept the terms of use and privacy policy, because they have already been accepted at the time of registration.

The user is the sole and exclusive responsible for the data provided to BELLUM WATCHES are up to date, complete and, of course, accurate and truthful. BELLUM WATCHES will not be responsible for any breach of such requirements in the data provided by the user.

The user must provide due diligence to prevent access and/or use of the Website with its own access keys by third parties, also having in this case, the exclusive responsibility for the choice, loss, subtraction or unauthorized use of the username and /or password and any consequences that may arise from it. Remember that the username and password are personal and non-transferable.

Consequently, the user undertakes to immediately communicate to BELLUM WATCHES both the loss of his username and/or password, irrespective of the cause of the same, as any danger or impairment in its confidentiality, responding, otherwise, of any damage or injuries caused by accesses verified through those access keys.

The user may unsubscribe at any time as a registered user of the Web, communicating by email at the address: info@bellumwatches.com

 

1.2.3. How to use the Website: BELLUM WATCHES wishes all the users that browse the Website to have an optimal experience and can find and where appropriate, acquire, what they are looking for. Therefore, at all times the user undertakes to make adequate use of the resources of the Website, in accordance with the provisions of the present terms, morality, public order, good customs and current law, without injury or damage to the owners of the Website or to any third party, so it undertakes not to use the contents and/or services offered by the Website to incur in illegal activities or contrary to good faith and public order; disseminate content or propaganda of a racist, xenophobic, pornographic, terrorist apology or violation of human rights; causing damage to the physical and logical systems of BELLUM WATCHES, its suppliers or third parties, introducing or disseminating on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages; try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.

 

1.2.4. Comments and content generated by users: In the event that some sections of the Website allow the user to participate, making comments or even uploading to the Website or social networks some type of content, through some kind of form or social connector, when the user presses the sending interface or the social connector in question, it is accepting that it will respect the applicable legislation, morality and good customs, public order and these terms of use and that it will only send:

a) Licit opinions and comments, truthful contrasts and adjusted to the subject of the Website and in no case are defamatory, offensive, insulting, racist, obscene, threatening and/or discriminatory. Neither will make through these comments commercial, promotional and/or advertising communications.

b) Contents of which he is the legitimate holder of the intellectual and industrial property rights.

BELLUM WATCHES will not be responsible in any case for those opinions or content provided by users, unless they have effective knowledge of the wrongfulness thereof, acting in that case firmly in accordance with what the Law establishes, exercising legal action in defence of their legitimate interests.

The comments made by users are not the opinion of BELLUM WATCHES nor of its legal representatives, nor of its employees.

BELLUM WATCHES does not guarantee that the comments and/or contents made by the users will be published in the Web, reserving the right not to publish or to eliminate those comments and/or contents that do not comply with these terms of use, or that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, which are harmful to young people or children, public order or security or which, are not adequate for publication.

 

1.3.- Exclusion of warranties and liability for the functioning of the Website: BELLUM WATCHES is no way responsible for the inoperability or temporary unavailability of the Website for reasons not attributable to it, or for the possible damages that may result from such a lack of functionality or availability, regardless of the fact that BELLUM WATCHES will make all necessary efforts to ensure the availability and functionality of the service.

BELLUM WATCHES is no way responsible for any possible error or failure of security that may arise from the use by the user of an outdated or insecure version of a browser, as well as any other cause attributable only to the user.

 

1.4. Intellectual and Industrial Property: BELLUM WATCHES owns all rights to the content, design and source of this Website, particularly, but not limited to: images, photographs, text, logos, brands, designs, trade names, data included on the web, schedule menus, graphics, colours, tools, etc., being therefore protected by the national and international legislation on intellectual and industrial property.

All the software used for the development of the Website is owned by BELLUM WATCHES or its suppliers and is protected by the national and international laws on intellectual and industrial property.

Any partial or total, direct or indirect reproduction, in any medium or format without permission from BELLUM WATCHES is expressly prohibited, being also totally prohibited the copy, reproduction, adaptation, modification, distribution, commercialisation, public communication or any other breach of the applicable law.

For the purposes of being able to preserve the possible rights of intellectual property, in the event that any user or third party considers that there has been a violation of their legitimate rights by the introduction of a specific content on the Website, he/she must notify BELLUM WATCHES such circumstance, by e-mail to the address info@bellumwatches.com, indicating:

- Personal Data of the applicant, holder of the rights allegedly infringed. If the claim is submitted by someone other than the applicant, he/she should prove his/her representation.

- Indication of the rights protected by intellectual property content, and its location on the Website.

- Evidence of that intellectual property.

- Affidavit in which the applicant takes responsibility for the accuracy of the information provided en the notification.

The legitimacy of the intellectual or industrial rights corresponding to the contents provided by third parties is the sole responsibility for them.

The access to this Website does not grant the user any right or ownership over intellectual property rights of corporate elements.

 

1.5. Policy Links:

1.5.1. Links from other websites: Those who link from a web page from another website to any of the web pages of BELLUM WATCHES must be subject to the following conditions:

- Total or partial reproduction of any of the services or content of the Website without prior written consent of BELLUM WATCHES is not allowed.

- Deep-links or IMG links, or frames with the Website cannot be established without prior consent from BELLUM WATCHES.

- No false, innacurate or incorrect statements about the BELLUM WATCHES Website shall me made, or about its services or content. Except those signs that are part of the link, the website, that establishes a link to the BELLUM WATCHES Website, will not have any trademark, trade name, label, name, logo, slogan or other distinctive signs belonging to BELLUM WATCHES, unless it had been authorized by BELLUM WATCHES.

- The establishment of the link does not imply the existence of a relationship between BELLUM WATCHES and the holder of the website, from which it is made, nor the knowledge and acceptance from BELLUM WATCHES about the services and content offered in such a website.

- BELLUM WATCHES is not responsible for the contents or services made available to the public on the website from which the hyperlink is made, or the information and statements included therein.

 

1.5.2. Links to other sites: The Website of BELLUM WATCHES may make available to the user links to other websites operated and controlled by third parties, with the sole function of facilitating users to search for information, content and services on the Internet, but in no case be considered a suggestion, recommendation or invitation to visit them. BELLUM WATCHES does not sell, manage, or previously control, nor own the content, services, information and statements available on these websites.

BELLUM WATCHES does not assume any responsibility, directly, indirectly or subsidiarily, for damages of any kind arising from access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, events, products and existing services or offered on websites not managed by BELLUM WATCHES and that are accessible through this Website.

 

1.6. Breach. Right of exclusion: BELLUM WATCHES will pursue the breach of these conditions and any misuse of its Website exercising all legal action possible by law.

BELLUM WATCHES reserves the right to deny or withdraw Access the Website or the products or services offered therein, without prior notice, by motion of itself or a third party, to those users who breach these terms of use.

 

1.7. Modification of these terms: BELLUM WATCHES may change at any time these terms, being duly published as shown here. The validity of the above terms of use shall be according to their exposure and are valid until they are modified by other duly published.

 

 

2. Conditions of purchase:

 

These conditions govern the purchase of products through the Website www.bellumwatches.com, or any of its sub-domains and directories included therein (hereinafter, the “Website” or the “Platform”).

Acceptance of this document, by marking the corresponding checkbox, implies that the CUSTOMER:

- Has read carefully and has understood what is stated here.

- Is over 18 years old with sufficient capacity to acquire the obligations arising from its actions through the Website.

- Agrees with these conditions.

Certain services may be subject to particular conditions, which depending on the case, substitute, complete and/or modify the present conditions: In case of contradiction, the terms of the specific conditions of these general terms and conditions shall prevail. These conditions will have an indefinite validity.

 

2.1.- Parties of the contract: The parties of the contract are the CUSTOMER and Alan Diez Cárdenas, located in Huelva (Spain), C/ Nicolas Orta, 1, 4-O, C.P. 21.006, with Identity and Tax number: 49.083.170-C. (hereinafter, “BELLUM WATCHES”).

To contact BELLUM WATCHES directly and effectively, the user can send an e-mail to the following address: info@bellumwatches.com (Monday to Friday from 9:00 h to 19:00 h).

 

2.2.- Object of the contract: These conditions are to govern the contractual relationship of sale between BELLUM WATCHES and de CUSTOMER as provided herein. Such contractual relationship implies delivery in exchange for a certain price published through the Website of a particular product.

 

2.3.- Basic features of the products: The features of the products will be detailed in each product sheet published on the Website.

BELLUM WATCHES tries to show the colour of its products as close as possible to the actual colour. However, the colour of the products may be subject to change depending on the quality of the user device’s screen.

 

2.3.1. Disposal: In accordance with current regulations regarding Waste Electrical and Electronic Equipment (WEEE), the symbol consisting of a crossed out wheeled container shown to the left of this text and on the packaging of the product, is to inform the user that the waste (WEEE) should not be disposed of as urban waste but must be subject to “waste separation”. Therefore, the user must deliver the waste (or arrange to have it delivered) to the waste separation facilities provided by the local government, or deliver it to the seller after the purchase of a new equivalent type of apparatus. Before the WEEE is deposited with the waste collection facilities, the batteries must be removed and deposited separately for proper management.

Differentiated collection of waste and the subsequent treatment, recovery and disposal operations promote the production of equipment with recycled materials and limit possible negative effects on the environment and health caused by improper waste management.

 

2.4.- Information about the purchasing procedure:                                                           

2.4.1. Language: Currently the contracting procedure can be made in Spanish and English.

 

2.4.2. Copy of the conditions attached to the purchase.- BELLUM WATCHES will not keep a copy of these conditions linked to each purchase, so we recommend the CUSTOMER keeps copies of them for every purchase.

 

2.4.3. Technical means.- The Website does not have technical means to identify and correct errors in data provided by the CUSTOMER, but detects if a field of the form in not completed when it is necessary to process the order.

 

2.4.4. Product catalogue.- The CUSTOMER may access the product catalogue offered on the Website, through its different sections or through the homepage.

If the CUSTOMER is interested in any product, he/she may click on it, accessing its product sheet, where its description and features are.

 

2.4.5. Customer account: As explained in the terms of use of the Website in a very detailed way, the user must register to place an order, creating a customer account, called “MY ACCOUNT”, so that the user does not have to enter all his data every time he/she wants to place an order. In addition BELLUM WATCHES will process the user’s data in accordance with the privacy policy.

 

2.4.6. Purchasing process: To purchase any of the products offered on the Website, the customer must click on the “ADD TO CART” button, and repeat the operation if he/she wishes to make another order.

To continue with the purchase process, the customer must click on the cart icon in the upper menu of the Website, displaying the information related to the products that the user has been selected and press "PROCEED TO CHECKOUT" accessing a page in which shows the detail of the products that the customer wants to acquire with its price (VAT and tax included). In case the user is not registered, he/she must register and create a customer account in accordance with the previous section.

The client should read the privacy policy, the terms and conditions of purchase, and if he/she agrees, check the checkbox provided for this purpose.

The user must select the shipping method and the method of payment.

The customer, who must pay the purchase in one payment, may choose the following methods of payment:

- Payment by credit/debit card (VISA, Mastercard or American Express): The charge on the customer card is made in real time through the virtual POS (Point Of Sale), once it has been verified that the data communicated by the customer are correct. BELLUM WATCHES will not store any of the customer's credit/debit card details. At the moment of the processing of the client's order, the data of the card will be transmitted encrypted by an SSL certificate and in an absolutely secure, for the exclusive purpose of making the payment corresponding to such order, to the financial institution. Credit cards will be subject to checks and authorizations by the issuing entity, but if that entity does not authorize the payment we can not consider formalized the purchase agreement. If the user opts for this form of payment, he/she is guaranteeing that he/ she have full authorization for the use of the card in question in the purchase process.

- Payment using PayPal: To do this you must have a PayPal user account. For more information you can visit the Paypal website: https://www.paypal.com/es/home

Once you have selected the shipping method and the payment method, the user must press the button ORDER AND PAY.

Then, if the process is completed correctly, a confirmation page of the purchase will appear and the client will receive a confirmation email to the email account provided by the same, which will indicate the details of the order made, the amount of the purchase, the cost of the shipping costs, the shipping and/or billing address provided by the CLIENT, as well as the payment method selected.

 

2.5.- Availability and Delivery: The items offered through the web are available for shipment to the territories detailed in this link: https://www.bellumwatches.com/en/content/1-shipping-returns

In no case orders will be delivered to post office boxes.

As provided in Article 110 of the Spanish Law on Protection of Consumers and Users, if BELLUM WATCHES does not execute the contract, because the item purchased is not available, the CUSTOMER will be informed and will recover, without undue delay, the sums that the CUSTOMER has paid.

In accordance with the provisions of the Article 111 of the Spanish Law on Protection of Consumers and Users, the CUSTOMER is informed that if the purchased product is not available, he/she may request BELLUM WATCHES to supply, without price increase a product of similar or higher quality and may exercise the right of withdrawal and right of resolution in the same way as if it were the product initially purchased.

Delivery of orders will be made to the shipping address provided by the CUSTOMER. BELLUM WATCHES is not responsible if the product cannot be delivered because data provided by the CUSTOMER is false, inaccurate or incomplete, or if delivery cannot be made for reasons beyond the courier, assigned for this purpose, as for instance the absence of the recipient.

In case of absence of the recipient at the time of delivery, the courier will leave notice indicating how to proceed to establish a new delivery. If it is not possible to leave such notice, the courier will contact the CUSTOMER by telephone. If these efforts do not work, BELLUM WATCHES will send an e-mail to the address provided by the CUSTOMER giving instructions to resolve the issue.

The deliveries will be done through courier companies hired for that purpose by BELLUM WATCHES, always conserving the CUSTOMERs’ best interest in the choice of courier company.

 

2.6.- Shipping Fees: The shipping fees are detailed in the following link: https://www.bellumwatches.com/en/content/1-shipping-returns

 

CUSTOMS INFORMATION: When the CUSTOMER places an order for products on the Website for BELLUM WATCHES to make delivery in a country outside the European Union, the user could be required to pay duties and taxes on imports. Any additional costs due to customs clearance will be the sole responsibility of the CUSTOMER, which will be charged when the package reaches its destination. BELLUM WATCHES has no control over such amounts. Customs policies vary significantly from country to country so, for more information, please check with the relevant customs office. Also, when ordering through the Website, the law formally considers the CUSTOMER as importer and must therefore comply with all laws and regulations applicable in the country that receives the product. Also it warns that international shipments are subject to opening and inspection by customs authorities.     

 

2.7.- Delivery terms: Delivery terms of each product may depend on multiple factors such as, origin, availability, calendar holidays, and saturation shipments on certain dates (such as Christmas).

However, the estimated delivery terms are detailed in the following link: https://www.bellumwatches.com/en/content/1-shipping-returns

 

2.8.- Prices and invoicing:

2.8.1. Prices: Prices of the products will be published on the Website and will include the applicable V.A.T. and must be fully paid at the time of placing the order.

Prices of the products may be modified upwards or downwards, depending on many causes, notwithstanding any change in prices will take effect from the date of modification thereof, not affecting orders placed with the previous price modification.

 

2.8.2. Invoicing: The invoice for the products purchased by the CUSTOMER will be issued by BELLUM WATCHES and include value added tax (VAT), if any, is appropriate for the rate applicable at all times.

CUSTOMER consents expressly to the issuance of electronic invoicing. The electronic invoice will be received by mail. The CUSTOMER who is a consumer and user may revoke that consent by sending an email to that effect to the address: info@bellumwatches.com 

 

2.9.- Warranty: BELLUM WATCHES delivers to the CUSTOMER products which comply with the contract, adjusted to the description given at the specifications made by the CUSTOMER and with qualities of the product that have been presented to the CUSTOMER and BELLUM WATCHES will be liable for any lack of conformity which exists at the time of delivery.

Under the provisions of article 123 of the Spanish Law on Protection of Consumers and Users, BELLUM WATCHES will be liable for the nonconformity of products that become apparent within two years from delivery.

This guarantee does not include:

• Battery life.

• Normal wear and tear (e.g.: scratched glass, alteration of color and/or material of the strap).

• Any damage to any part of the watch resulting from abnormal/abusive use, lack of care, negligence, accidents (knocks, nicks, broken glass, etc.), improper use of the watch and failure to observe the usage recommendations.

• Defects caused by contact with corrosive acids or other products.

• The strap and its erosion derived from normal use and aging.

The warranty will be void if the watch is opened and/or is serviced/repaired by any person not properly authorized (change of battery by a professional jeweller is permitted).

 

2.10.- Complaint procedure: In the event of lack of conformity, error, defect or damage attributable to BELLUM WATCHES, the CUSTOMER must inform BELLUM WATCHES via e-mail: info@bellumwatches.com, within two months after he has knowledge of it, indicating the reference number of the purchase and the detected anomaly or defect. The breach of that term does not imply loss of warranty, but the CUSTOMER is liable for damages caused by the delay in communication.

 

Online Dispute Resolution European Platform.

The CUSTOMER resident at the European Union also may use the Online Dispute Resolution, through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through such platform consumers and merchants can file claims through an electronic form, available in all languages of the European Union, for all matters related to e-commerce or services on the network, according to the provisions of the Regulation (EU) Nº 524/2013 of the European Parliament and of the Council of 21 May 2013 and the Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.

 

2.11.- Right of withdrawal: The CUSTOMER has the right to withdraw from this contract within 14 natural days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the delivery date of the purchased product to the CUSTOMER or to the person designated by him/her for collecting the product, other than the courier.

To exercise the right of withdrawal, the CUSTOMER must notify his/her decision to withdraw from the contract by an unequivocal statement (e.g. a communication sent by mail or e-mail). The CUSTOMER may use the model withdrawal form below, although its use is not mandatory:

 

Withdrawal model form in accordance to Annex of Consumers and Users Act of 2007 (the CUSTOMER can copy and paste the form below into an email and complete his/her data if he/she wants to withdraw from the contract)

To the attention of BELLUM WATCHES, located in Huelva (Spain), C/ Nicolas Orta, 1, 4-O, C.P. 21.006. E-mail contact: info@bellumwatches.com

I hereby communicate my wish to to withdraw from the purchase contract of the following product _______________ [identify the product], the order of which was placed on ___/___/20__, and was received on ___/___/20__

Name of the CUSTOMERS: _____________________________________

Address of the CUSTOMERS: ___________________________________

Date of communication of withdrawal: ___/___/20__

               

To meet the withdrawal period it suffices that the communication concerning the exercise of the withdrawal right by the CUSTOMER is sent before the expiry of the deadline.             

 

2.11.1. Consequences of withdrawal: In case of withdrawal exercised and communicated by the CUSTOMER, and once such communication is received, BELLUM WATCHES provides the CUSTOMER the precise instructions for returning the order on exercising the right of withdrawal, expressly indicating the address where the products must be sent.

The CUSTOMER should bear the direct cost of returning the products in case of withdrawal and must for that purpose, hire the courier or post service which he/she deems appropriate. In no event a return will be admitted under the form of “postage due".

All the payments received thereof, including delivery charges (with the exception of the additional costs resulting from the choice by the costumer in a mode other than the least expensive type of standard delivery offered by BELLUM WATCHES), without undue delay and in no case later than within 14 calendar days from the date on which it has informed to BELLUM WATCHES of the decision to exercise the right of withdrawal. BELLUM WATCHES may retain such reimbursement until the reception of the products, or until the CUSTOMER has supplied evidence of the return of the property, whichever condition is met first and in both cases to the address indicated by BELLUM WATCHES for that purpose. It shall make such reimbursement using the same forms of payment used by the CUSTOMER for the initial transaction.

The CUSTOMER should return or deliver products directly to the address indicated by BELLUM WATCHES, without undue delay and in any case no later than within 14 calendar days from the date communicated by the CUSTOMER’S decision to withdraw from the contract. The deadline is met if the CUSTOMER sends back the products before the period has ended.

According to Article 74 of the Spanish Law on Protection of Consumers and Users, related to the consequences of exercising the right of withdrawal, and existing the duty for both parties to restore reciprocally the benefits once exercised the withdrawal right, the CUSTOMER must return the products with its original packaging and with all the accessories and/or supplements delivered.

The CUSTOMER only will be responsible for the diminished value of the product resulting from a handling in a different way to that necessary to establish the nature, features and functioning of the products.

 

2.12. Returns of defective products: If the delivered products are not in conformity with the contract, because of damage or defect not attributable to the CUSTOMER, the CUSTOMER must contact BELLUM WATCHES via e-mail: info@bellumwatches.com, providing the data about the acquired products and indicating what is the defect detected, the date in which the order was placed, the date of delivery, name and e-mail. BELLUM WATCHES will contact the CUSTOMER to inform him/her how to proceed.

In any case, if the defect is confirmed, all expenses will be reimbursed (including shipping), and BELLUM WATCHES will bear the costs of the return.

 

 

3. Applicable law and jurisdiction:

 

These terms of use and conditions of purchase shall be governed by Spanish law. In case of dispute or disputes concerning the application or interpretation of such terms and policies, the parties will be subject to the courts of the consumer’s place of residence.