Terms & Conditions

1. INTRODUCTION

This document (together with the documents referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products on this website (the “Terms”).

Please read these Terms carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and if you do not agree to all of the Terms, you must not use this website. These Terms may change from time to time. It is your responsibility to read these Terms from time to time, as the terms in effect at the time you use the Website or enter into the Agreement (as defined below) will be the terms applicable to you.

2. USE OF OUR WEBSITE

By using this website and placing orders through this website you agree to:

1. To use this website only for legally valid enquiries or orders.
2. Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you. If you do not provide us with all the information we require, 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 a contract.

3. AVAILABILITY OF THE SERVICE

The items offered through this website are available for delivery to Spain and Portugal excluding Ceuta, Melilla and the Canary Islands.

4. CONCLUSION OF THE CONTRACT

The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, you will be refunded in full. To place an order, you must follow the online purchase procedure and click on “Authorise payment”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us, of which you will be informed via an email from us confirming that the product is being shipped to you (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. Only those products listed in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any products that may have been ordered until we confirm the dispatch of the product to you in a Dispatch Confirmation.

5. AVAILABILITY OF PRODUCT

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.

6. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be exceptional circumstances which require us to refuse to process an order after we have sent the Order Confirmation and we reserve the right to do so at any time, at our sole discretion. We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order after we have sent you an Order Confirmation.

7. SHIPMENT and DELIVERY

RemixBST offers different delivery options available depending on the country of destination, as detailed below;

1. Home delivery: Items will be delivered by the courier company selected by RemixBST. The articles will be sent to the delivery address indicated by the Customer at the time of placing the order. The order placed by the Customer will be delivered within the period indicated below depending on the method of delivery. RemixBST will make its best efforts to ensure that the service is carried out in the shortest possible time (see shipping conditions and costs). Once the order leaves RemixBST ‘s warehouse, an e-mail will be sent to the Customer notifying him/her that the order is being shipped. Orders will be sent to the delivery address that the Customer has given in the registration form, so it is important that the Customer pays attention at the time of placing the order, as it will not be possible to change the delivery address data. RemixBST will not be responsible in case the delivery address is incorrect or incomplete. The Customer will be able to track the status of their order through the “MY ACCOUNT” area within com, by selecting “MY ORDERS”. For security reasons, RemixBST will not send any order to PO Boxes, nor will it accept any order when it is not possible to identify the recipient of the order and their address. The responsibility for RemixBST items will be transferred to the Customer at the time of delivery of the order.
2. Collection point delivery: The shipments of the items will be delivered to collection points provided by our shipping partners. The Customer will select a collection point from the list of nearest locations The customer will receive an SMS, an e-mail or a call when your package arrives at the location and within a maximum period of 7 days you must collect it. After this period, the package will be returned to the central warehouses and it will be understood that the CUSTOMER renounces to the content and will not be able to demand the refund of the order.

For information about delivery methods, prices and durations, please view our delivery page.

8. FAILURE TO DELIVER

If after two attempts we are unable to deliver your order, the courier will try to find a safe place to leave it or will return it to their local depot where it can be collected. They will also leave you a note telling you where your order is and how to pick it up. In the event that you do not collect the order within 15 natural days from when it was available, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any event, no later than 30 days from the date on which we consider the Contract to be terminated. In such cases, we shall be entitled to charge you for the transport costs arising from the shipment and from the termination of the Contract.

9. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks of the goods shall be borne by you from the time of delivery. You will acquire ownership of the goods when we receive payment in full of all sums due in respect of the goods, including delivery charges, or at the time of delivery, whichever is the later.

10. PRICE AND PAYMENT

The price of each product will be the price stated on our website at any given time, except in the case of obvious error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and any monies paid will be refunded in full. We will not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as the incorrect price. The prices on this website include VAT (for purchases in Spain), but exclude delivery charges, which will be added to the total amount due as set out in our Delivery Charges Guide. Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step is to process your order and make payment. You can pay by Paypal or Credit/Debit Card. We do not store or transmit any card details on remixbst.com. You will be redirected to our payment processing providers to complete your transaction on their secure system. We will charge the payment in the moment that you complete your order. VALUE ADDED TAX In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

11. EXCHANGE/RETURN POLICY

11.1. Right to full cancellation of the order. Our Clients, within a period of 14 calendar days from receipt of the order, may cancel the order in its entirety by sending an email to info@remixbst.com, an email notifying the cancellation. The cancellation right will be applicable as long as the items are returned in the same conditions in which the Customer received them, together with their complete original packaging, labels and any other accessories related to them. Upon receipt at the RemixBST warehouse of the Customer’s canceled order, we will determine if the items that we have received are in the same condition in which they were sent to you. Items that have been returned damaged, incomplete, deteriorated, used (in the case of new with tags items), dirty or out of time will not be reimbursed and will be made available to the sender Customer and reshipped postage due. If the aforementioned conditions are met regarding deadlines, communications and, where appropriate, the condition of the items, the amount of the order will be refunded to the customer within a period not exceeding 30 days.

11.2 RemixBST do not allow exchanges (replacement for another item) as very few products on RemixBST are stocked in multiple quantities nor offer multiple colours/sizes.

11.3 In addition to the rules on Distance Selling, RemixBST allows the Customer to return items within 14 calendar days from the date of receipt of the order. The following requirements must be met:

a) The items must be in original condition, in their original packaging, with all the labels, and within the allowed period, otherwise they cannot be return.

b) The customer must follow the returns procedure specified on the Returns Page.

Once the package has arrived at our warehouse, the refund will be processed within a maximum period of 10 days. Refunds will be issued back to the original payment method used for the purchase.

RemixBST reserves the right to reject any return that does not meet any of the aforementioned conditions.

11.4 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 providing the data of the product as well as the damage suffered info@remixbst.com. We will proceed to carefully examine the returned product and we will notify you by e-mail, within a reasonable time, if the return is appropriate.

12. LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from us shall be strictly limited to the purchase price of such product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• in the event of death or personal injury caused by our negligence
• in the event of fraud or fraudulent misrepresentation
• in any matter where it would be illegal or unlawful for us to exclude, limit or seek to exclude or limit our liability.

Notwithstanding the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for the following losses, however arising:

• loss of revenue or sales
• loss of business
• loss of profits or loss of contracts
• loss of anticipated savings
• loss of data
• loss of management time or office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website. All product descriptions, information and materials contained in this website are provided as a matter of fact and without express or implied warranties of any kind. To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded to consumers and users. The provisions of this clause shall not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.

13. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail 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 to you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.

14. NOTIFICATIONS

Subject to the provisions of clause 19 above and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.

Notifications shall be deemed to have been received and to have been properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the date of posting of any letter. In order to prove that the notification has been made, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us and our respective successors, assigns and successors in title.

You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for you without our prior written consent.

We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any statutory rights you may have as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.

16. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strike, failure or accidents in maritime or inland waterway transport, postal or any other type of transport.

Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.

17. RESIGNATION

Our failure to require your strict performance of any of your obligations under a Contract or these Conditions or our failure to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Contract or the Conditions.

No waiver by us of any of these Terms or of any rights or remedies under the Contract shall be effective unless it is expressly stated to be a waiver and formalised and communicated to you in writing in accordance with the Notice section above.

18. PARTIAL INVALIDITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

19. FULL AGREEMENT

These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.

You and we acknowledge that we have consented to the conclusion of the Contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

20. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and amend these Terms at any time.

You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.

21. COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send us such comments and suggestions via our contact form.