General Terms and Conditions of Sale
Scope of application
These general terms and conditions for sales in the online store of BELLO DI MAMMA, S.L. (hereinafter, the TERMS) govern the commercial and contractual relationships arising between BELLO DI MAMMA, S.L., holder of Tax ID (C.I.F.) B88640347, with registered office in Madrid, Calle Monte Esquinza, 14 – 2nd floor, right, contact email luigi@biribox.com and Customer Service phone number +34 633 540 756 (service hours: Monday to Thursday from 9:30 to 18:00 and Friday from 9:30 to 14:00, on non-holiday business days), and third parties (hereinafter, the CUSTOMER) who purchase the products offered on the website.
It is also stated that BELLO DI MAMMA, S.L. operates in the market under its trade name BIRIBOX, and therefore, it will be referred to by that name throughout this document.
The COMPANY’s activity is the online marketing and distribution of food products.
The purchase of products from BIRIBOX and associated third parties through this website implies the CUSTOMER’s express knowledge and acceptance, without any reservations, of these TERMS, which may be printed when the contract is formalized through order confirmation.
Use of our website
By using this website and placing orders through it, you agree to:
i. Use this website only to make legally valid enquiries or orders.
ii. Not place any false or fraudulent order. If it can reasonably be considered that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
iii. Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent to our use of this information to contact you if necessary (see our Privacy Policy). Registration using a P.O. Box address will not be permitted.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years old and have legal capacity to enter into contracts.
How the store works
The steps required to purchase the products offered and/or receive services are those described in these TERMS, as well as any specific steps shown on screen during the purchasing process.
a. Registration. To purchase products or access certain services through this website, prior registration is required.
The CUSTOMER undertakes to provide the mandatory data requested during registration accurately and truthfully, as such data is necessary for the performance and execution of this contractual relationship.
The CUSTOMER also undertakes to keep access codes (username and password) confidential and not disclose them to third parties. BIRIBOX shall not be liable for any fraudulent use of the password or identification details, or for any damages arising therefrom.
When the CUSTOMER registers, their personal and address details, as well as those related to the payment method, are incorporated into our database and used solely to process the order, and to send information about offers, services and discounts that may be of interest, provided the CUSTOMER has authorized this.
At any time, the CUSTOMER may access, modify, and cancel their registration from their user profile.
Any active subscription to the BIRIBOX newsletter and/or marketing communications may also be cancelled by following the instructions included in each email.
b. Order. To make a purchase, the CUSTOMER must add the product to the cart following the instructions on the website and complete the order form displayed.
Once the CUSTOMER confirms the order, BIRIBOX will send an email confirmation to the email address provided, detailing the characteristics of the transaction.
The customer may view both their order history and the corresponding invoices in their account. The carrier will also send an email so the customer can check the status of the order via the carrier’s tracking system.
BIRIBOX informs that the products and services offered on this website are intended exclusively to be supplied in mainland Spain and mainland Portugal. Therefore, Andorra, the Canary Islands, Ceuta and Melilla, Portuguese islands, and any deliveries outside the indicated geographical scope are excluded.
Availability
All purchase orders received by BIRIBOX through the Website are subject to product availability and/or to the absence of any circumstances or force majeure affecting the supply of products and/or provision of services. If supply difficulties arise or items are out of stock, BIRIBOX undertakes to contact the User and refund any amount that may have been paid. This will also apply where a service becomes impossible to provide.
Price and shipping costs
The price of the PRODUCTS is the one shown on the website on the date the order is placed. It can be viewed as INDIVIDUAL, which includes VAT and other indirect taxes, or as BUSINESS, which does not include VAT.
Offers and promotions will be clearly marked as such, indicating the previous price and the promotional price.
Shipping costs are always calculated based on the order total EXCLUDING VAT, and the shipping fee shown is also EXCLUDING VAT.
For Mainland Spain and France, shipping is free on orders of €80.00 or more (EXCL. VAT). For orders from €22.00 to €79.99 (EXCL. VAT), shipping costs €5.00 (EXCL. VAT), and for orders below €22.00 (EXCL. VAT), shipping costs €10.00 (EXCL. VAT).
For Spain (Balearic Islands), on orders of €22.00 or more (EXCL. VAT), shipping costs €9.00 (EXCL. VAT), and for orders below €22.00 (EXCL. VAT), shipping costs €15.00 (EXCL. VAT).
For Portugal, shipping is free on orders of €100.00 or more (EXCL. VAT). For orders from €22.00 to €99.99 (EXCL. VAT), shipping costs €5.00 (EXCL. VAT), and for orders below €22.00 (EXCL. VAT), shipping costs €10.00 (EXCL. VAT).
For orders with warehouse pickup, no shipping fees will be charged.
These amounts will also appear separately in the order confirmation sent by BIRIBOX.
BIRIBOX reserves the right to modify product prices and shipping costs at any time, in which case the change will be clearly visible on the website. In any event, any variation will not apply to orders placed by the customer and confirmed by BIRIBOX prior to such modification.
Delivery method and timeframe
All confirmed orders are delivered to the delivery address provided by the CUSTOMER.
Standard delivery times are usually between 24 and 72 business hours from receipt of the shipping confirmation email, and depend on product availability and the shipping area. In any case, delivery will take place within the maximum legal timeframe.
As a general rule, there will be no preparation, dispatch, or delivery of orders on Saturdays, Sundays, or public holidays. The daily cut-off time for orders is 13:00 on the immediately preceding business day.
An order is considered delivered when the carrier delivers the package(s) to the customer and the customer signs the delivery receipt. However, under exceptional circumstances it may be delivered without signature once the customer provides their details (name and ID number) to the carrier, or identifies themselves as required. A delivery note will be included with the order.
Failed delivery
If delivery of the Order to the Customer is not possible, an email will be sent to the address provided by the customer indicating where the order is and the instructions to arrange a new delivery.
If, after 5 days from the date the order is available for delivery, the order has not been delivered for reasons not attributable to BIRIBOX, the customer will be deemed to have withdrawn from the contract and it will be considered terminated. As a result, all payments received from the customer will be refunded, excluding transport costs for both delivery and return, which will be deducted as a penalty.
As an exception to the above, for short-shelf-life orders (marked as “refrigerated product”) that could not be delivered for reasons not attributable to BIRIBOX, no refund will be issued.
Merchandise verification: incidents due to damaged products
It is the CUSTOMER’s responsibility to check the quantity and condition of the goods.
If, at the time of delivery, visible damage to the packaging is detected, the CUSTOMER must note this on the delivery note signed for the carrier, whenever possible.
The CUSTOMER must then contact BIRIBOX within 24 hours of receiving the goods, via the CONTACT section or by sending a message to +34 633 505 200. The same procedure applies if the customer notices obvious damage to the product once the packaging is opened, or if the product received does not match what was ordered.
We will contact you as soon as possible. To facilitate processing, the customer will be asked to provide evidence of the incident with the following photos:
Photo of the delivered parcel(s) (packed parcels, full shipment)
Photo of the damaged goods (close-up of the damage)
Photo of the transport label on the damaged parcel(s)
Photo of the packaging (damaged parcel)
Once the incident has been processed and approved (where applicable) by our INCIDENTS center, BIRIBOX will refund the amount of the damaged product, and the customer must follow the instructions provided for this purpose.
Payment method
You may use Shopify Payments as a payment method, as available at that time. This service may include VISA, Mastercard, American Express, Shop Pay, Apple Pay, Google Pay, PayPal, Bizum, Multibanco, MB Way, and bank transfer.
No card details are stored on our servers, making payments 100% secure.
We guarantee that every transaction made on BIRIBOX is 100% secure. All operations involving the transmission of personal or banking data are carried out in a secure environment. BIRIBOX uses a server based on standard SSL (Secure Socket Layer) security technology. All information you send us is encrypted while traveling over the network. Likewise, your credit card details are not recorded in any database.
In addition, to provide greater security for credit card holders, we have incorporated into our payment gateway the secure payment system known as CES (Secure Electronic Commerce). This means that if you are the holder of a “secured” card, you can always pay by VISA or Mastercard in our store.
If your card is not enrolled in this system, BIRIBOX will only accept VISA or Mastercard payments from customers with proven reliability and prior purchase history. In both cases, when paying with VISA or Mastercard you will always be asked for: the card number, expiry date, and a validation code that corresponds to the last 3 digits printed in italics on the back of your VISA or Mastercard, providing further guarantees regarding transaction security.
Important: Credit card fraud is a crime, and BIRIBOX will take legal action against anyone who carries out a fraudulent transaction in our online store.
Amendments and updates
BIRIBOX may modify these TERMS at any time and without prior notice, as well as any Specific Terms that may apply, by publishing such modifications on the website so that CUSTOMERS can be aware of them, and recording the date of such modifications.
Right of withdrawal and product returns
The order may not be cancelled by the CUSTOMER once payment has been made.
BIRIBOX will accept product returns within the first 14 calendar days from the date the customer receives the goods, provided the conditions required by Law 47/2002, regulating trade organization, are met. The order must be returned complete, with all units purchased that form part of each BOX.
Only returns previously authorized by BIRIBOX will be accepted. Therefore, you must go to the CONTACT section, fill in the fields and send us a message. You must wait for our reply (we will respond as soon as possible) and we will provide instructions for the carrier pickup. Under no circumstances should the customer send the goods to BIRIBOX by their own means.
The goods must be returned in their original packaging and in perfect condition.
Where the return is due to an incorrect shipment by BIRIBOX, or due to misleading or insufficient information in the product description on the website, shipping and return costs will be borne by BIRIBOX.
Where the return is because the customer no longer wants the product, both shipping and return costs will be borne by the customer.
Once BIRIBOX receives the returned products and verifies their proper condition, it will refund the amounts paid by the customer, deducting return costs where applicable. Products that do not retain their original packaging or that show noticeable deterioration or damage will not be refunded.
Refunds will be made using the same payment method used by the CUSTOMER.
This clause will not apply to purchases of short-shelf-life products identified on the website as “Refrigerated product”, as in such cases the right of withdrawal cannot be exercised and no returns will be accepted.
Waiver
No waiver by BIRIBOX of a specific right or legal action, nor BIRIBOX’s failure to require strict compliance by the User with any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or the Terms, nor shall it release the User from complying with their obligations.
No waiver by BIRIBOX of any of these Terms or of rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver, formalized, and communicated to the User in writing.
Severability
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
Entire agreement
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and BIRIBOX in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by them. parts.
The User and BIRIBOX acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
Data Protection
The information or personal data that the User provides to BIRIBOX in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
Industrial property
BIRIBOX is the owner of the designs of the products sold on its website.
Under no circumstances will the user be able to understand that there is a total or partial transfer of the intellectual or industrial property rights by BIRIBOX, and its copying and use for commercial purposes is expressly prohibited.
If the user detects any type of infringement of intellectual and/or industrial property rights, they must inform BIRIBOX by communicating toluigi@biribox.com .
Applicable law and jurisdiction
Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between BIRIBOX and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The acceptance of these General Conditions implies the express waiver of the client to the jurisdiction that may correspond to him, expressly submitting to the jurisdiction of the judicial district of the city of Madrid capital.