Terms and Conditions

Updated 03 September 2024.

Article 1 - Definitions  

The following definitions apply in these terms and conditions:  

1. Day: calendar day
2. Consumer: a natural person whose actions are not carried out with objectives related to the course of a trade, profession or business.
3. Digital Content: data that is produced and supplied in digital format
4. Contract: a contract concluded between the Trader and the Consumer within the framework of an organized system for the sale of products both at a distance and in physical spaces and services, in which one or more distance communication techniques are used only or partially until the moment the contract is concluded
5. Durable Support: Any medium, including email, that enables the Consumer or the Trader to store information addressed personally to him in a manner that facilitates its future use or consultation for a period that is consistent with the purpose for which the information is intended, and that facilitates the unaltered reproduction of the stored information.
6. Long-Term Contract: a Distance Contract relating to a series of products and/or services, in which the obligation to supply and/or purchase is extended over time
7. Model Form for Right of Withdrawal: the European Model Right of Withdrawal Form included in Appendix I of these terms and conditions
8. RTW Products: any product offered by the Merchant in the online store in already produced size.
9. MTO Products: Any product offered by the Merchant in the online store that is made to order or made to measure, but not personalized.
10. Custom Made Products: Any product offered on demand with the consumer's measurements and customizations.
11. Privacy Policy: the privacy policy determined by the Merchant and mentioned on the Website
12. Right of Withdrawal: the possibility for the Consumer to withdraw from a Distance Contract within the Withdrawal Period
13. Supplementary Agreement : an agreement in which the Consumer obtains products, Digital Content and/or services through a Distance Contract, and the Merchant or a third party delivers these products, Digital Content and/or services in accordance with an agreement between that third party and the Merchant
14. Remote Communication Technique: means that can be used for communication about the offer made by the Trader and the conclusion of a contract, without the Consumer and the Trader needing to be in the same place at the same time.
15. Merchant : natural or legal person who offers products, (access to) Digital Content and/or services to Consumers remotely; Period of
16. Withdrawal : the period during which the Consumer can make use of his Right of Withdrawal

 

Article 2 - Identity of the Merchant  

Merchant Name : Bunditos, SL (trading under the name Bund)  

Registered address: Bunditos, SL - Calle Brújula 39, 41927 Mairena del Aljarafe, Seville.  

Telephone number: 919 01 08 93 Bund can be contacted Monday to Friday between 10:00 and 18:00 CET.  

Email address: support@bundcompany.com  

Tax identification number: B01862978  

Article 3 - Applicability  

These general terms and conditions apply to every offer made by the Merchant and to every Contract concluded between the Merchant and the Consumer. Before the conclusion of a Distance Contract, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, the Merchant shall indicate, before the conclusion of the Contract, in what manner the general terms and conditions are available for inspection at the Merchant's premises and that they will be sent free of charge to the Consumer, as soon as possible, at the Consumer's request. If the Contract is concluded electronically, then, contrary to the previous paragraph and before the conclusion of the Contract, the text of these general terms and conditions shall be provided to the Consumer electronically, so that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, then before concluding the Contract, the Trader will indicate where the general terms and conditions can be inspected electronically and that, upon request, they will be sent to the Consumer free of charge, either electronically or in some other way. In cases where, in addition to these general terms and conditions, specific terms and conditions relating to the product or service apply, the second and third paragraphs shall apply by analogy and the Consumer may always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.  

Article 4 - The offer  

If an offer is subject to a limited period of validity or is subject to conditions, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the products, Digital Content and/or services offered. The description is sufficiently detailed to allow the Consumer to make an adequate evaluation of the offer. If the Merchant uses illustrations, these will be a representation as faithful as possible of the products and/or services offered, although the colors and textures of the fabrics offered may always vary. The Merchant is not bound by obvious errors or omissions in the offer. Each offer contains information that clarifies for the Consumer what rights and obligations there are in connection with the acceptance of the offer.  

  

Article 5 - The REVIEW contract  

1. The contract shall be concluded, subject to paragraph 4, at the time when the Consumer accepts the offer and the stipulated conditions have been fulfilled.  
2. If the Consumer has accepted the offer, the Merchant will immediately confirm receipt of the acceptance of the offer electronically, it being understood that the Merchant may revoke such order confirmation with respect to offers made in the online store within 24 hours after the Consumer has received such order confirmation, in which case (i) the contract shall not be deemed concluded and (ii) any payment made shall be refunded to the Consumer in accordance with Article 9. The Consumer may dissolve the contract as long as this acceptance has not been confirmed by the Merchant (order confirmation email).  
3. If the contract is concluded electronically, the Merchant will take appropriate technical and organisational measures to ensure the electronic transfer of data and will ensure a secure web environment. If the Consumer is able to pay electronically, the Merchant will take appropriate security measures.  
4. The Trader may obtain information, within the legal framework, about the Consumer's ability to meet his payment obligations, as well as about facts and factors important for the responsible conclusion of the Distance Contract. If such investigation provides the Trader with adequate grounds to decline the conclusion of the contract, then he has the right, supported by reasons, to refuse an order or request or to bind its implementation to special conditions.  
5. The Trader shall send the Consumer, at the latest when delivering a product or service, the following information, in writing or in such a way that the Consumer can store it on an accessible Durable Medium:  

• The address of the office of the Merchant's business location where the Consumer can submit complaints;  

• The conditions under which the Consumer may make use of the Right of Withdrawal and the method for doing so, or a clear statement regarding the exclusion of the Right of Withdrawal;  

• Information about existing warranties and after-sales services; the price, including all taxes on the product, service or Digital Content;  

• Delivery costs to the extent applicable, and the method of payment, delivery or implementation of the Contract;  

 

Article 6 - Right of withdrawal  

Delivery of products  

1. When purchasing products, the Consumer has the right to terminate a contract, without giving reasons, during a period of at least 14 days for items other than MTM Products. The Merchant may ask the Consumer for the reason for this termination, but the Consumer is not required to state his reasons under the law.  
2. The period stipulated in paragraph 1 begins on the day after the product was received by the Consumer, or by a third party designated by the Consumer, who is not the carrier, or:  
3. If the Consumer has ordered several products: the day on which the Consumer, or a third party designated by the Consumer, received the last product. The Trader may refuse a single order for several products with different delivery dates, provided that it has clearly informed the Consumer of this prior to the ordering process.  
4. If the delivery of a product involves different deliveries or parts: the day on which the Consumer, or a third party designated by the Consumer, received the last delivery or the last part;  
5. with contracts for the regular delivery of products during a specified period: the day on which the Consumer, or a third party designated by the Consumer, received the last product.  
6. The period stipulated in paragraph 3 begins on the day after the conclusion of the contract. Extended Withdrawal Period for products and services not supplied on a material medium in the event that the Consumer is not informed about the Right of Withdrawal:  
7. If the Trader has not provided the Consumer with the statutorily required information on the Right of Withdrawal or if the Model Form for the Right of Withdrawal has not been provided, the Withdrawal Period ends twelve months after the end of the Withdrawal Period originally stipulated based on the previous paragraphs of this article.  
8. If the Trader provided the Consumer with the information referred to in the previous paragraph within twelve months from the start date of the original Withdrawal Period, the Withdrawal Period will end 14 days after the day on which the Consumer received the information.  

 

Article 7 - Consumer Obligations During the Withdrawal Period  

1. During the Withdrawal Period, the Consumer shall treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess the nature, characteristics and effectiveness of the product. The starting point here is that the Consumer may only handle and inspect the product in the same way as he would be permitted to do in a shop.  
2. The Consumer is only liable for any devaluation of the product that results from handling the product in a manner not permitted in paragraph 1.  
3. The Consumer is not liable for the devaluation of the product if the Trader has not provided him with all the statutorily mandatory information regarding the Right of Withdrawal before the conclusion of the contract.  

 

Article 8 - Consumers exercising their Right of Withdrawal and the costs involved  

The Consumer who wishes to exercise his Right of Withdrawal must inform the Merchant within the Withdrawal Period, using the Model Form for the Right of Withdrawal or in some other unambiguous way.  

As soon as possible, but no later than 14 Days after the Day of Notification referred to in paragraph 1, the Consumer must return the product or hand it over to the Trader (or a representative of the Trader). This will not be necessary if the Trader has offered to collect the product himself. In any case, the Consumer will have complied with the return deadline if he sends the product before the end of the Withdrawal Period.  

The Consumer shall return the product with all relevant accessories, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the Merchant.  

The risk and burden of proof for correctly and timely exercising the Right of Withdrawal falls on the Consumer.  

The Consumer shall bear the direct costs of returning the goods. If the Trader has not stated that the Consumer must bear these costs or if the Trader indicates that he is willing to bear these costs himself, then the Consumer shall not be obliged to bear the costs of returning the goods.  

If the Consumer exercises his Right of Withdrawal, all Supplementary Agreements will be legally dissolved.  

 

Article 9 - Obligations of the Merchant in the event of withdrawal  

If the Merchant allows the Consumer to declare his withdrawal by electronic means, once he has received said declaration, he will send a confirmation of receipt immediately.  

The Merchant shall promptly reimburse the Consumer for all payments, including delivery costs, that the Merchant has charged for the returned product, but at the latest within 14 Days from the Day on which the Consumer notified the withdrawal. Except in cases where the Merchant has offered to collect the product itself, it may postpone the reimbursement until it has received the product or until the Consumer proves that it has returned the product, depending on which occurs first.  

For any refund, the Merchant will use the payment method via bank transfer, unless the Consumer agrees to another method. The refund will be free of charge for the Consumer.  

If the Consumer has chosen a more expensive delivery method in preference to the cheaper standard method, the Merchant is not obliged to reimburse the additional costs of the more expensive method.  

This only applies to RTW products, for MTO or MTM products click here.  

Article 10 - Exclusion of the Right of Withdrawal  

**About product delivery**  

- Products or services whose prices are subject to fluctuations in the financial market over which the Merchant has no influence and which may occur within the withdrawal period.  

- Contracts related to leisure activities, if the contract already stipulates a specific implementation date or period.  

- Products manufactured to the Consumer's specifications, which were not prefabricated and were made according to the Consumer's specific choice or decision, or which are clearly intended for a specific person. See MTM or MTO products.  

- Products subject to rapid expiration or with a limited shelf life.  

- Sealed products which, for reasons related to health protection or hygiene, are not suitable for return and whose seal was broken after delivery.  

- Products which, due to their nature, have been irreversibly mixed with other products.  

 

Article 11 - Performance of the contract and additional guarantee  

The Merchant guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date the contract was concluded. If agreed, the Merchant also guarantees that the product is suitable for a use other than that normally designated.  

An additional warranty agreement offered by the Trader, manufacturer or importer may never affect the legal rights and claims that the Consumer may assert against the Trader under the contract if the Trader fails to fulfil its part of the contract.  

An additional guarantee is defined as any commitment by the Merchant, its supplier, importer or manufacturer that grants the Consumer rights or claims, in addition to those provided by law, in the event that it does not fulfill its part of the contract.  

 

Article 13 - Supply and execution  

The Merchant will take the greatest possible care in receiving and executing orders for products and in evaluating requests for the provision of services.  

The place of delivery is considered to be the address that the Consumer has made known to the company or a physical space belonging to the Merchant.  

Taking into account the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as efficiently as possible, but no later than within 64 days in the case of MTM garments, unless a different delivery period has been agreed. If delivery is delayed, or cannot be carried out, or only partially, the Consumer will be informed of this after having placed the order. In this case, the Consumer has the right to dissolve the contract free of charge if the order has arrived later than expected due to causes within the company's control and not beyond its control.  

Following termination in accordance with the preceding paragraph, the Merchant shall immediately refund to the Consumer the sum paid by him.  

The risk of damage and/or loss of products rests with the Merchant until the moment of delivery to the Consumer or to a representative previously designated by the Consumer and notified to the Merchant, unless otherwise explicitly agreed.  

 

Article 14 - Payment  

Unless otherwise stipulated in the contract or in the supplementary conditions, the sums payable by the Consumer must be paid in full before the conclusion of a contract, whether for MTM, MTO or RTW products.  

If a Consumer fails to fulfil his/her payment obligation(s) on time, after the Trader has informed the Consumer about the late payment, the Consumer shall be granted 14 Days to fulfil the payment obligation; if payment is not made within this 14 Day period and the product has already been shipped, the fabric has been made or the fabric has been cut, statutory interest shall be charged on the sum owed and the Trader shall be entitled to charge reasonable extrajudicial collection costs incurred by him/her. These collection costs amount to, at most, 30% of unpaid sums up to €2,500; 25% on the next €2,500; and 20% on the next €5,000, with a minimum of €300.  

 

Article 15 – Deviations  

The Merchant cannot guarantee that the color, size and/or text of the product, as shown on the website, will be exactly the same as the product delivered to the Consumer by the Merchant.  

 

Article 16 – Privacy  

Personal data provided by the Consumer when placing an order will be processed in accordance with the Privacy Policy.  

  

Article 17 – Intellectual Property  

The Merchant owns all intellectual property rights relating to the product.  

  

Article 18 – Liability  

To the extent permitted by law, the Merchant excludes all liability for any damage suffered by the Consumer if the product ordered by the Consumer is not available and/or not delivered (on time).  

Without prejudice to the provisions of Article 20.1, and to the extent permitted by law, the Merchant's liability shall be limited to a maximum amount equivalent to the purchase price of the product in question.  

 

Article 19 – Force Majeure  

In the event of force majeure, the Merchant has the right to suspend all of its obligations under the Supplemental Agreement. A force majeure event includes strikes, breakdowns, pandemics, wars, diseases or import/export bans affecting the Merchant or third parties engaged by the Merchant.  

In the event that it becomes clear that the period of force majeure will last longer than two months, either party has the right to dissolve the Supplementary Agreement without the obligation to pay any compensation.  

 

Article 20 – Questions and Complaints  

For questions or information, the User may contact the customer service department at the telephone number: 919 01 08 93 or at the email address support@bundcompany.com.  

In the event that the Consumer is not satisfied with the product or any other product and/or service of the Merchant, the Consumer has the possibility to lodge a complaint with the customer service department by calling the telephone number 919 01 08 93 or by sending an email to support@bundcompany.com. This must be done within fourteen (14) calendar days following the Day on which the Consumer discovered or should have reasonably discovered the reason for filing the complaint in the case of RTW garments.  

 

Article 22 – Applicable Law and Competent Court  

These terms and conditions of purchase, as well as the Supplementary Agreement, are governed by Spanish law.  

Any dispute arising from the General Conditions will be submitted to the competent court of Seville, Spain.