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ČeštinaGeneral Conditions
1. OBJECTIVE AND SCOPE OF APPLICATION
1.1. This section provides information about conditions of use for our website www.bigbuy.eu and the terms and conditions that govern the services and operations for the buying and selling of products between BigBuy and its distributors. It also establishes our Privacy Policy, and, via this link, you can read our Cookies policy.
1.2. The use of this website or registration as a user presupposes the acceptance of the current General Conditions.
1.3. The current General Conditions are applied to the services and processes of buying and selling products between BigBuy and its Distributors (hereinafter known as “Distributor”).
1.4. They will be deemed as accepted by the Distributor, for all intents and purposes, on the processing of any order by BigBuy.
1.5. The current General Conditions exclude the application of any general conditions of sale belonging to the Distributor or to third parties.
1.6. The buying and selling process between BigBuy and the Distributor will be complemented, in each case, by the Specific Conditions which may be expressly agreed between the parties, and for all intents and purposes, any other conditions that have not been expressly accepted in writing, will have no value.
2. WHOLESALE PACKS
2.1. BigBuy offers special conditions to those clients who activate a wholesale pack, as shown on our website.
In particular, the right of withdrawal is excluded for all products and services purchased from BigBuy
2.3. The activation of a Ecommerce or Marketplaces Wholesale Pack is deemed as acceptance of a regular payment over a selected period from the date the pack is activated. Renewal is automatic without any previous notification.
2.4. The expiry / renewal date of the Wholesale Pack is available on the control panel.
2.5. The Distributor can cancel the pack at any time from their control panel. The pack will remain active until its expiry date, but will no longer be renewed.
2.6. BigBuy does not provide refunds for subscription periods that have not been completed.
2.7. BigBuy reserves the right to alter the conditions and prices of the wholesale packs at any time.
2.8. BigBuy has the authority to assign the rights to images and videos to the Distributor, solely to be used to facilitate the marketing of products acquired through BigBuy.
2.9. The dissemination of images and videos to third parties is totally prohibited, and the Distributor is required to take any necessary measures to prevent any fraudulent use of these. This also applies to the use of the images and videos if a Wholesale Pack has not been activated.
2.10. Use of the graphic material and content provided by BigBuy is totally prohibited, unless the Distributor possesses an active Wholesale Pack, or upon non-renewal of this. From the moment the Wholesale Pack is not renewed, the Distributor is required to immediately cease its use, and destroy any copy that remains in their possession.
2.11. BigBuy is not responsible for any error or difference in the descriptions, technical specifications or finishes shown in the photographs due to changes made by the manufacturers and/or amendments made to the products. The Distributor will not have any right to complain, under any circumstances if, under the above terms, the product supplied differs from that published on BigBuy.
3. DROPSHIPPING STORES
3.1. The 360º dropshipping stores are delivered just as they are at the time of purchase, and they become the property of the Distributor. You can check the store demos to get a true picture of the product at the time of purchase.
3.2. The stores require an initial configuration by the Distributor. BigBuy provides the client with Academy, an online manual for the configuration and use of the stores.
3.3. For the installation of the 360º dropshipping stores based on Prestashop, the client must contract the hosting service for their store by selecting one of the recommended hosting options.
3.4. It is possible that, in order to guarantee the correct functioning of the store, the Distributor may be required to change servers due to the introduction of new functions and/or catalogues in the stores, or of the actual hosting services.
3.5. BigBuy offers a synchronisation service provided that the client possesses an active wholesale pack which allows the synchronisation to take place.
3.6. BigBuy offers a technical support service which is limited to synchronisation and the basic functioning of the store. Due to the nature of technical issues, it is possible that their resolution may be delayed or may not be resolved in a completely satisfactory manner. BigBuy functions within the limits of its abilities and is not responsible for any damage or loss that may occur from any unresolved issues.
3.7. Some technical support services may incur an associated charge, for example reinstallation, server transfer, change of template or back-up.
3.8. In order to guarantee their smooth functioning, the stores are provided with certain limited functions. The store owner can request Administrator rights to allow him/her to make modifications to the store, which is not recommended. BigBuy reserves the right not to offer technical support to those clients who have requested Administrator rights.
3.9. BigBuy will not give refunds on the stores as they require a specific task for each customer.
4. Connectors
4.1. BigBuy sells connectors to Marketplaces and eCommerce software.
The acquisition of the connector is limited to access to a connection tool between BigBuy and the corresponding Marketplace or eCommerce software.
4.2. To access the synchronisation service through the connector, the distributor must have an active wholesale pack that is compatible with the connector being purchased.
4.3. It is the responsibility of the distributor to create the seller account in the Marketplace, as well as to know and adhere to its conditions of sale.
4.4. To ensure a correct synchronisation with the eCommerce software, it is essential that the server is compatible with the eCommerce software version.
The minimum requirements can be found in the documentation available in our Academy.
4.5. BigBuy may make modifications to the connectors, mainly to introduce improvements and new functions, optimise processes and adapt to the requirements of Marketplaces or eCommerce software.
4.6. BigBuy is not responsible for any malfunctions that may occur due to changes in commercial policies or technical updates in the different marketplaces.
Although it will adapt its tools within the limits of its capacity in a reasonable time frame, it will do so without incurring any liability or compensation during such processes or updates.
4.7. The acquisition of connectors allows multiple possibilities of parameterisation through the Multi-Channel Integration Platform.
It is the responsibility of the distributor to check that the result of the synchronisation is in accordance with their expectations and the conditions of the sales platform.
4.8. BigBuy will not issue refunds for connectors, in particular those due to incompatibilities that may occur, such as changes in the requirements or status of the seller accounts in the Marketplaces.
5. ORDERS
5.1. Once the registration process has been completed on our system, the Distributor can place their order by the following means
5.1.1. Electronic Commerce Through the www.bigbuy.eu website by following the established purchasing process.
5.1. Once the registration process has been completed on our system, the Distributor can place their order by the following means
5.2. The making of a purchase by the Distributor supposes their full acceptance of the prices, the description of the products for sale and the current General Conditions. In order for the order to be effected, the Distributor must receive an express confirmation from BigBuy. All orders are subject to the availability of the items.
5.3. Our products are proposed within the limits of stock availability as indicated on the website. Advice on product availability is only shown to our wholesale clients after they have initiated their session on BigBuy. All errors or modifications of an exceptional nature are beyond our control and do not imply any responsibility on the part of BigBuy. Should a product be unavailable once the order has been made, we will inform you by email of any delay, partial delivery or cancellation of the product.
5.4. Product preparation time is indicated next to its availability. Preparation time relates only to working days. The majority of products require a preparation time of 24/48 hours. BigBuy will attempt to dispatch orders within the time indicated but, on occasion, there may be delays which are beyond our control, and these will not be eligible for any type of refund. Any preparation time which is longer than 24/48 hours is estimated, and BigBuy cannot guarantee estimated dispatch times will be met.
5.5. BigBuy reserves the right to modify the design of the products and/or the packaging of these as part of its ongoing improvement as well as to make them more marketable, and will always guarantee that product quality will be the same or improved.
6. PRICE
6.1. Retail prices do not include VAT or any other tax. Both shipping charges and the corresponding VAT will be calculated and added to the end of the order.
6.2. The price of the items does not include advice, installation, training or any other type of technical support, other than that which is specified in the guarantee agreement as described in these General Conditions.
6.3. The prices included in BigBuy e-commerce are subject to variations without prior notice, as are the technical specifications.
6.4. In the event that the Distributor makes an order for products with the incorrect price, BigBuy will communicate the correct price and, in this event, its agreement to process the order as long as the Distributor expressly confirms acceptance of the correct price.
6.5. Clients possessing an active BigBuy wholesale pack can benefit from additional varied discounts depending on the products requested and their quantities, as indicated on the website.
7. PAYMENT METHODS
7.1. The Distributor can make payments through credit or debit card, bank transfer, PayPal or BigBuy Wallet.
7.2. The availability of these payment methods depends on the type of service or product that is being paid for and the geographical location of the buyer or recipient.
7.3. The use of any of these payment methods is deemed as acceptance of the conditions association with them.
7.4. With the aim of improving the user experience, BigBuy reserves the right to activate a payment agreement through PayPal if the client selects this payment method. The client can request the cancellation of the payment or can cancel it from their own PayPal account.
8. DISPATCH AND TRANSPORTATION
8.1. The dispatch of goods will be made to the address indicated by the Distributor at the time of purchase, and allows for the dispatch of goods to their end Clients (“Dropshipping”).
8.2. Dispatch times will be indicated on the website. These may vary depending on the payment method chosen.
8.3. BigBuy offers multiple transport options. The availability of these will depend on destination and the goods being shipped.
8.4. Shipping times will depend on the destination and the transport option chosen.
8.5. The timescales given are estimates and are not binding. Any delay in the delivery time does not give the Distributor the right to claim any direct or indirect damages, reject the order or suspend compliance of any obligation, especially the payment.
8.6. If necessary, the Distributor is responsible for communicating with their client in order to provide the shipper with all the necessary information to make the delivery.
8.7. BigBuy will not be responsible for the total or partial non-delivery, or the delay of its obligations to the Distributor if this is caused by an unforeseen event or an act of God which affects BigBuy and their providers or shippers equally. These include strikes, other labour or industrial events, lack of, or impossibility of acquiring, products, etc. BigBuy can cancel and void any products in transit without giving rise to any compensation in favour of the Distributor.
9. RECEIPT
9.1. At the time of receipt, it is the Addressee’s responsibility to verify that the receipt of the goods corresponds with that on the order, that the information on the invoice is correct, and that the condition, documentation and packaging are intact. In the case of there being any visible marks which suggest that the goods may be damaged, it is the responsibility of the Addressee to make a note of this on the delivery receipt (whether digital or paper), stating that the merchandise is damaged. If the merchandise is accepted without this being done, it will invalidate any later claims made by the Distributor.
9.2. In the event that a situation should occur such as that mentioned in the above clause, an issue report (hereinafter known as the ticket) will need to be initiated from the section for processing issues on the www.bigbuy.eu website.
9.3. The Distributor is responsible for opening the ticket through the correct channel in relation to the type of issue or advice being made. All tickets received through incorrect channels or without the required documentation will be cancelled automatically.
9.4. Complaints will only be accepted from the Distributor in the 5 calendar days following receipt. If this time elapses without the complaint having been made, it will be deemed that the merchandise has been received by the Addressee in perfect condition and quantity.
9.5. BigBuy reserves the right to re-send, refund or require the Distributor to hold the defective product in their BigBuy Returns panel, depending on which is most convenient.
10. CONDITIONS OF GUARANTEE
10.1. The guarantee for products acquired by the BigBuy Distributor which have subsequently been distributed to consumers and users will be managed directly between the Distributor and the aforementioned final consumers and users.
10.2. The Distributor is required to comply with the conditions established by Royal Legislative Decree 1/2007 of 16 November, through which the redrafted Consumer Protection Act and other complementary regulations have been approved.
10.3. Products which have their own authorised Technical Assistance network will remain subject to the conditions and procedures of the guarantees established for these.
10.4. As a general rule, BigBuy offers the Distributor a 24 month product guarantee, which only covers any manufacturing defects the product may have.
10.5. Reconditioned products have 12 months of warranty. These products are classified according to their condition and complaints relating to the condition described will not be accepted.
10.6. BigBuy will not accept any delivery without prior authorisation, through the assignment of a RMA number (“Return Merchandise Authorization”) by the After Sales Service.
10.7. Once the product defect has been confirmed by the SAT, a refund will be made into the Distributor’s BigBuy Wallet to be used on future purchases.
10.8. If the product presented as defective has no real defect, BigBuy will notify the Distributor that no refund will be given. This notification will remain stored in the SAT for 7 days awaiting confirmation from the Distributor as to whether they want to take the product back, once payment of corresponding postage has been made, or whether they want to relinquish it. After this period of time, the Distributor will lose the right to any claim.
10.9. The guarantee will become automatically invalid in the following cases
10.9.1. When there is loss or falsification of any of the manufacturer’s control labels and/or of the distribution chain intermediaries and/or BigBuy.
10.9.2. When the cause of the damage or fault is due to incorrect use, not following the instructions in the accompanying manual, accidents, inappropriate use, knocks, breakages, accidents or breakdowns produced by other causes which are not attributable to normal conditions of use.
10.9.3. When repairs are carried out due to lack of maintenance, adjustment, inspection and cleaning.
10.9.4. When used in unsuitable environments (ie., dusty, exposed to direct sunlight, vibrations, extreme temperatures [below 5ºC and above 40ºC], extremes of humidity [below 10% and above 95%], and when using power outlets without earthing, or without protection against electrical surges).
10.9.5. When the installed software is used inappropriately or illegal software is used.
10.9.6. When damage is caused as a consequence of a virus or computer attack.
10.9.7. When the existing life cycle is shorter than the established guarantee.
11. LIMITS OF RESPONSIBILITY
11.1. BigBuy does not provide any guarantee, nor does it take responsibility for the unsuitability of products for the purposes claimed by the Distributor.
11.2. BigBuy will not be responsible in any way or for any cost, charge or damage incurred as a consequence of any breach by the Distributor of his obligations as stated in the current General Conditions, nor the violation by the Distributor of any legislation or regulations relating to consumer protection, health and public order.
11.3. BigBuy will not respond to any case from the Distributor or third parties relating to direct or indirect losses or damages originating from, or connected to, the object of the present contract or the incorrect functioning of the product, including personal accidents, damages to goods other than the object of the contract or loss of benefits. Any commitment and obligation on the part of the Distributor resulting from the existing guarantees between them and their Distributors which exceed those mentioned previously, and which BigBuy have not expressly accepted in writing, will be at the sole expense of the Distributor.
12. CONDITIONS OF SALE FOR PERFUMERY, COSMETICS AND OTHER PRODUCTS FROM LEADING BRANDS.
12.1. BigBuy is authorised to use and exploit the rights to images of perfumes, cosmetics and other product brands on their website for the purpose of transferring the above rights to users contracted with BigBuy Ecommerce or Marketplaces Wholesale Packs. The above contents are protected through intellectual property legislation, which should be respected by the Distributor at all times.
12.2. The transfer of those rights to the Distributor is strictly limited to that established in the commercial relationship through the Dropshipping process, and through which our Distributors are able to use those images, uniquely and exclusively for commercial purposes, without any determined geographical limit and only during the time in which the commercial relationship exists between BigBuy and the Distributor.
12.3. It is totally forbidden to disseminate the images and give the rights to third parties. The Distributor is obliged to take the necessary measures to avoid any fraudulent use.
12.4. The providers of branded perfumery and cosmetic products who sell through your platform have guaranteed to BigBuy that all the products are original, that they have been acquired correctly through their owners or through authorised providers with the necessary permits and authorisations for their distribution.
12.5. Product providers that trade with BigBuy have expressly guaranteed that their products have not been modified or altered and have free transit and circulation within the European Common Market. These products are protected by the free trade principle within the European Union and by the exhaustion of brand rights, and can be legally marketed by their distributors.
12.6. BigBuy Distributors can market these items within the European Common Market, but they should understand and respect European legislation relating to the brands within the different channels. If these are not respected, the Distributor will be the only party liable for any damages caused to the owners of the brands.
12.7. BigBuy is not the official distributor of the brands and only acts as a re-seller within the channel of sale in the European Economic Area.
12.8. BigBuy is aware of all the brand images and will not prejudice the good names of the brands under any circumstances. It will provide the products and contents to their Distributors and remind them of their obligation to respect the correct marketing of these, and urge them not to adulterate the images or the brand positioning. BigBuy advises that the following premises are followed
12.8.1. Market the products respecting the prestige enjoyed by the brands.
12.8.2. Market the products by providing a space for each brand in order to enhance and protect their positioning and distinctiveness.
12.8.3. Market the products according to selective distribution, by complying with the specific qualitative conditions required by the marketing so that the products resemble the off-line channel.
12.8.4. Respect any possible restriction imposed and notified by the brand or any specific clauses for the sale of their products.
12.8.5. Market these items providing the final Clients with a service in accordance with the image of the brands, for which adequate training for optimal Client assessment will be required.
12.9. BigBuy providers, official and authorised brand distributors expressly guarantee to BigBuy that they have the specific permission to re-sell the products on the internet through platforms and marketplaces such as their website. However, the BigBuy Distributor should ensure beforehand that their chosen sales channel is suitable for the required selective distribution of the products acquired, thereby releasing BigBuy from any claim they may receive because of this.
12.10. These platforms reserve the right to temporarily or permanently suspend the accounts of their Distributors if they do not comply with the conditions of sale, as compliance is the responsibility of the Distributor.
12.11. BigBuy recommends that its Distributors make themselves aware of any potential restrictions within their chosen shopping channel, ensuring that this resembles and complies with the requirements of selective distribution, such as, any unilateral restriction imposed by the channel on its Distributors.
12.12. The published images of perfumery products may, on some occasions, not correspond to the format provided by the manufacturers. The manufacturers reserve the right to change the packaging and product format without prior notification.
13. CONDITIONS OF SALE FOR FURNITURE AND DECORATIVE PRODUCTS.
13.1. Furniture images may be subject to slight variations in shade. The colour and grain of natural wood furniture may vary due to the nature of the wood used in its construction. Additionally, the colour configuration on each user’s monitor may show a tone or colour which is slightly different to the original item. This fact does not constitute a reason for a claim from the Distributor.
14. PRIVACY POLICY
14.1. BigBuy recognises the importance of protecting the privacy and rights of its Distributors and guarantees that their data will be used correctly and will fully respect current legislation.
14.2. On registration onto the BigBuy website, the Distributor expressly agrees to the processing of their personal data.
15. PROPERTY
15.1.. This website is the property of BigBuy, as are all the rights to its content, images, text, design and software. All the elements of this website, including and without limitation, its design and its content are protected by Intellectual Property legislation, Industrial Property and international treaties referring to the Rights of the Author.
15.2. Unless explicitly authorised by BigBuy, you are forbidden to reproduce, transmit, or exploit the content of this website in any manner.
16. DIVISIBILITY
16.1. If any clause within the current conditions is, or becomes invalid, or appears to be unachievable according to the applicable law, the said clause would be invalidated, but only that specific clause, and this would not affect any other clause within the current conditions.
17. APPLICABLE LEGISLATION AND JURISDICTION
17.1. The current General Conditions of Sale will be governed and interpreted according to current legislation in the territory of Spain.
17.2. In the case of a dispute, the contracting parties will be subject to the Courts and Tribunals of Valencia (Spain) and expressly waive any other jurisdiction that may correspond to them.
17.3. Nonetheless, the previous item will not impede BigBuy from exercising their right to resolve any litigation within another competent jurisdiction.
