GENERAL CONDITIONS
1. LEGAL INFORMATION
In accordance with the duty of information referred to in Article 10 of Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, we inform you that the Website belongs to the company BigBuy (All 4 Business SL), a commercial company formed in accordance with Spanish legislation, with CIF (Tax ID) B98376155 and registered office at Calle San Pascual, 62, 46960 Aldaia, Valencia, Spain. Mercantile Registry of Valencia. Volume: 9378. Page: 160. Sheet: V-14835. You may contact us using the following email address hello@bigbuy.eu
2. PURPOSE AND SCOPE
2.1. This section informs you about the conditions of use of our website www.bigbuy.eu (hereafter, the Website) and the terms and conditions that shall govern the services and transactions for the sale of products between BigBuy and its distributors (hereafter, “Distributor”). Our Privacy Policy can also be accessed via the hyperlinks, in addition to our Cookies Policy.
2.2 Use of this website implies the acceptance of BigBuy’s General and Guarantee Conditions as described below, complemented in relation to the guarantee at the following link : https://www.bigbuy.eu/en/guarantee
2.3. Acceptance of the General and Guarantee Conditions is automatic at the time at which registration is completed on the Website, a purchase is made or any of the services offered are contracted.
2.4 Commercial relationships between BigBuy and Distributors shall be governed by them, and Consumer regulations shall not apply.
2.5. The commercial relationship between BigBuy and Distributors shall be governed exclusively by the Conditions and Guarantee Conditions of this Website, the specific conditions that Distributors may have shall not apply, whether published on their respective websites or not.
Without prejudice to the above, at BigBuy’s discretion, Supplementary Conditions or Specific Conditions may be agreed that shall govern the trade relationship with the Distributor, the validity of which shall be conditional upon the express written acceptance of both parties.
3. SERVICES PROVIDED BY BIGBUY
3.1 BigBuy offers the contracting of services of different characteristics and prices with the choice of the service they wish to subscribe to being at the Distributor’s discretion.
3.2 The services provided by BigBuy shall also be governed by these General and Guarantee Conditions, which explain the operating and characteristics of each service.
3.3 The services offered by BigBuy are:
• Wholesale Packs
• 360º Stores
• Connectors
4. WHOLESALE PACKS
4.1. BigBuy offers special conditions to Distributors who activate a Wholesale Pack as shown on our website.
4.2. The activation of the Wholesale Pack implies the acceptance of BigBuy’s General and Guarantee Conditions. The relationship between BigBuy and its Distributors is a trade relationship, hence legislation aimed at End Consumers shall not apply. The right of withdrawal is precluded for all products and/or services purchased on BigBuy.
4.3. The activation of a Wholesale E-Commerce or Marketplace Pack implies the acceptance of a recurring payment with the frequency selected when the pack is activated. Tacit renewal is automatic, without prior notice and shall take place once the contracted period elapses, counting from the activation date of the service. In the event that the distributor wishes to cancel the tacit renewal, they can do so from the dashboard. The pack will remain active until the next renewal date. BigBuy shall not refund any incomplete subscription periods.
4.4 The E-Commerce or Marketplace wholesale pack does not include Dropshipping store services, Hosting and connectors.
4.5 The B2B wholesale pack does not include unlimited Dropshipping shipments.
4.6. BigBuy reserves the right to modify the conditions and prices of the wholesale packs at any time.
4.7. BigBuy shall provide the commercial and advertising material available for products sold in order to facilitate the Distributor’s marketing of them. The Distributor must make diligent use of the material provided, which must only be used for the purpose of marketing products purchased on BigBuy.
4.8. The dissemination of images or videos to third parties and use of them is strictly prohibited if the Wholesale Pack is not active. The Distributor must take the necessary measures to prevent the fraudulent use of them. It is the distributor’s duty to perform constant updates to the material provided given that it may be subject to changes or limitations. If the Distributor withdraws from or does not renew the Wholesale Pack, they are obliged from the time of deactivation to cease using any commercial or advertising material obtained as a result of contracting the Wholesale Pack, and must undertake to immediately destroy any copy that they still hold. Furthermore, it is their duty to immediately remove the images or material obtained through BIGBUY from the online channel and any other.
5. DROPSHIPPING STORES
5.1. 360º Dropshipping Stores are delivered as shown in the demos, becoming the Distributor’s property. You can view the store demos to obtain a true reflection of the product at the time of purchase.
5.2. Stores require an initial setup by the Distributor in order to customise the sales channel. BigBuy makes an online manual available to the Distributor to help with the configuration and use of the stores, which can be found at the following link:https://www.bigbuy.eu/academy/en/ BigBuy shall not be held liable for the Academy manual becoming outdated due to changes that occur.
5.3. Two free training courses are included with the 360 store:
a. Shopify Store Control Course: Digital training course to learn how to use the store (approximate duration of 1 hour).
b. Ecommerce Digital Marketing Course: Introductory digital training course on marketing for Ecommerce (approximate duration of 20 hours)
In both cases, the customer shall have access to a training platform (LMS) where they will be able to use and enjoy the contents for a period of one year from the purchase of the product (Store + 2 training courses).
Offer valid for new customers from 15th May 2024.
5.4 BigBuy does not offer support related to store customisation.
The 360 Dropshipping store service may require the contracting of services that are not supplied by BigBuy. BigBuy shall not be held liable for the conditions and costs incurred by these services, or the ineffective operation of 360 Dropshipping if they are not contracted.
5.5. BigBuy offers a synchronisation service provided the Distributor has an active wholesale pack that enables synchronisation.
5.6. BigBuy offers a technical support service limited to the synchronisation of the BigBuy catalogue. The correct working of the store shall be conditional upon the configuration of parameters by the customer such as the payment method, shipping method...etc. Due to the characteristics of incidents of a technical nature, it is possible that the resolution may be delayed or not implemented automatically.
5.7. Some technical support services may entail an associated cost, such as, for example: Reinstallation, Change of template or catalogue, etc. In the event that the technical support service entails an additional compensation, the Distributor shall be informed of the cost of the service in advance.
5.8. 360º Dropshipping stores created on the Prestashop platform are delivered with certain features limited to guarantee the correct working of the store. The owner of the store may request Administrator rights in order to make changes that are not recommended to the store. BigBuy may refuse technical support to Distributors that have requested Administrator rights or access to the Hosting.
5.9. Any Distributor that purchases a Dropshipping store shall not be entitled to withdraw from the purchase due to the bespoke nature of the product.
5.10. BigBuy shall not be held liable for any sanctions, blocking or closures of 360º Dropshipping stores as a result of not respecting the conditions of the supplier of the Ecommerce platform.
6. CONNECTORS
6.1. BigBuy offers Marketplace and E-Commerce software connectors. The purchase of a connector is limited to access to a connection tool between BigBuy and the corresponding Marketplace or E-commerce software.
6.2. In order to gain access to the synchronisation service through the connector, the distributor must have an active Wholesale Pack that is compatible with the connector that has been purchased.
6.3. Free training is included with the purchase of the Shopify connector
a. Shopify Set Up Essentials: Digital training to learn how to set up the purchased product (Shopify connector) for a period of two months, access shall be provided to a training platform (LMS) where the content will be available. (Duration of 1 hour).
Offer valid for new customers from 15th May 2024.
6.4. To synchronise correctly with the E-Commerce software, the Hosting and version of the E-commerce software must be compatible. The technical characteristics required can be found in the Academy manual.
6.5. It is the Distributors responsibility to create and validate a Seller account in the Marketplace, in addition to being aware of and respecting its selling conditions.
6.6. BigBuy may modify connectors, mainly to incorporate improvements and new features, optimise processes and adapt to the requirements of the Marketplace or Ecommerce software.
6.7. BigBuy shall not be held liable for any malfunctioning that occurs due to changes of both commercial policies and technical updates of the different marketplaces. However, BigBuy shall adapt its tools within the limits of its capacity, without this being grounds to invoke liability or compensation during this process or update.
6.8. The purchase of connectors enables multiple parameterisation possibilities through the Multi-Channel Integration Platform. It is the Distributor’s responsibility to check the result of the synchronisation meets the conditions of the sales platform.
6.9. BigBuy shall not refund connectors, equally, BigBuy shall not be held liable for changes to the conditions or policies of the sales or Marketplace platforms.
7. BIGBUY ACADEMY
7.1 Services Offered: BigBuy makes a learning platform available which enables training to take place in a digital format. (LMS) Our courses are designed to provide users with access to quality and up-to-date educational content. Each course shall clearly specify the content included and its duration.
7.2. Access to the Platform: Access to our learning platform is conditional upon the purchase of a course.
7.3. Course Content: The courses offered on our platform shall include detailed information about the topics included, the learning objectives and any other detail which is relevant to the user. We are committed to providing quality and up-to-date content to guarantee an enriching learning experience.
7.4. Permanence on the Platform: Permanence on the platform shall be determined by the course purchased. Once the course has been completed, access to the platform shall be subject to the purchase of new courses or the specific conditions established by BB. The reproduction or use of all or part of the content, either for personal or commercial purposes, is expressly prohibited.
8.ORDERS
8.1. Once the registration process is completed on our system, the Distributor may place an order in the following ways:
• 8.1.1. Electronic commerce: Through the website www.bigbuy.eu, following the established purchase procedure.
• 8.1.2. Through any of the tools offered according to the pack or system contracted.
8.2. The placing of an order by the Distributor involves the full acceptance of the prices, the descriptions of the products on sale and these General and Guarantee Conditions. In order for an order to be deemed to be effective, express confirmation from BigBuy must be received. All orders are subject to the availability of the items.
8.3. Our products are offered within the limit of the stock available shown on the website. The indications regarding the quantity of products available and the preparation time of the products is only shown to our Distributors with an active pack, after logging into BigBuy. BigBuy shall not be held liable for changes to stock that are beyond its control.
8.4. The preparation times of orders are stated on the product data sheets on BigBuy’s website, together with their availability, stated in working days. The preparation and shipping times indicated are estimated and not binding in nature. Any delay in meeting the deadlines shall not entitle the Distributor to claim direct or indirect damages, compensation, reject the order or suspend the performance of any obligation, particularly, in terms of payment.
9. PRICE
9.1. Sales prices do not include VAT or any other tax. Shipping costs and applicable taxes or duties shall be calculated and added when the order is finalised.
9.2. The price of the items does not include advice, installation, training or any other type of technical support.
9.3. The prices included in BigBuy’s electronic commerce are subject to being changed without prior notice.
9.4. In the event that the Distributor places a product order whose price is stated wrongly on the system/website. BigBuy shall freeze the order and notify the Distributor of the correct price. Once notified, the Distributor shall be entitled to accept the order with the correct price or cancel it with a subsequent refund.
9.5. Distributors with an active Wholesale Pack on BigBuy may benefit from varying additional discounts depending on the products ordered and their quantities, as stated on the website.
10. PAYMENT METHOD
10.1. The Distributor may pay using any of the methods available at the time of purchase, which may be: credit or debit card, bank transfer, PayPal, Paycomet, BigBuy wallet, Save now, Pay Later, Buy Now, Bizum, etc.
10.2. Wallet: BigBuy offers customers the option of depositing money into the wallet associated with their account in order to pay for their orders. To use it, the certificate of ownership shall be requested at the time the first transaction is going to be made. To reload the wallet through PayPal, one PayPal account shall be associated per customer ID, with the option of modifying this association after submitting the required documentation. In the case of requesting the withdrawal of the deposit, this shall be done using the same payment method and ownership.
10.3. The availability of payment methods shall depend on the service or product contracted and the geographical location of the purchaser or recipient.
10.4. The use of any of these payment methods implies the acceptance of the conditions associated with that method.
10.5. In order to improve the user experience, BigBuy reserves the right to set up a payment agreement via PayPal when the Distributor selects this payment method. The Distributor may request the termination of the payment agreement or cancel it from their PayPal account.
11. SHIPPING AND TRANSPORT
11.1. Products shall be shipped to the address indicated by the Distributor at the time they make the purchase, with the option of shipping to End Customers (“Dropshipping”).
11.2. BigBuy offers multiple transport options, the Distributor may choose the method at the time or purchase or contracting, and always subject to the availability of the different transport services according to the destination or goods.
11.3 Despatch and delivery times:
• 11.3.1. Despatch times shall be stated on the website. These may vary depending on the payment method chosen.
• 11.3.2 Delivery times shall depend on the destination and the transport option chosen.
• 11.3.3 The deadlines given are an estimate and not binding in nature. Any delay in meeting the deadlines shall not entitle the Distributor to claim direct or indirect damages or any compensation whatsoever, reject the order or suspend the performance of any obligation, particularly, in terms of payment.
11.4. Where there is incomplete information, loss of information or queries regarding delivery addresses by the transport agency, the Distributor shall be responsible for contacting the agency and remedying the incident, particularly in the case of a Dropshipping shipment, since the Distributor is solely responsible for contacting and managing the data belonging to their Customer.
11.5. BigBuy shall not be held liable for the full or partial failure to comply or for the delay in the delivery to the Distributor where the causes of which are beyond BigBuy’s control, including in the event of strikes, other labour or industrial contingencies, shortages or impossibility of obtaining products, etc. BigBuy may consider null and void the orders of products that are in progress, without entitling the Distributor to any reparation or compensation whatsoever.
11.6. Orders despatched via the Correos postal service are treated as ordinary mail. This service does not offer insurance, or include signature on delivery. For this reason, BigBuy shall not be able to accept any claim for visible damages, losses or undue deliveries for orders transported by Correos Internacional and delivered outside of Spain.
11.7. Orders shall be delivered at street level.
12. INCIDENTS WITH DELIVERIES
12.1. It is the Recipient’s duty to check at the time of receipt that the goods delivered correspond to the order placed, appear on the invoice and are correct with regard to their presentation, condition, quantity, documentation and packaging. In the event that any package has visible signs that make them suspect the product or products may have been damaged, it is the Recipient’s duty to record in writing on the delivery note (either digital or on paper) that the goods present damage by stating “damaged” and specifying what the damage is. Accepting the goods without this reservation shall invalidate subsequent claims by the Distributor. The recipient is also obliged to check the product reference, and its EAN number, to check they correspond with what was ordered before opening the packaging of any products that, once opened, cannot be returned to their original delivery condition.
12.2. In the event of a situation referred to in the previous point, an incident must be opened (hereafter, Ticket) from the contact area of the website www.bigbuy.eu in the section for processing incidents.
12.3. It is the Distributor's duty to open the Ticket through the correct channel according to the type of incident or query made. All Tickets received through an incorrect channel or without the required documentation shall be automatically rejected.
12.4. Claims shall only be accepted from the Distributor for the 5 calendar days following receipt of the shipment. If this deadline passes without the claim being made, it shall be understood that the goods have been received by the Recipient in perfect condition with regard to quality, quantity and form and documentation. Claims for orders despatched but not delivered shall only be accepted within 60 calendar days from the date of dispatch.
12.5. BigBuy reserves the right to opt between one of the solutions stated in the General and Guarantee Conditions, which include: resending the product, sending the missing accessory/part and a partial or full refund.
12.6. Until the Distributor obtains the resolution of the incident from the customer service department, the order subject to the claim must be made available to BigBuy in its original packaging and at the delivery address (for a potential assessment and/or collection by the insurance company). Non-compliance with this point shall be grounds for rejecting the incident.
12.7. Due to random quality checks, some products may be delivered without a seal or with an open seal. The absence or damage of the seal shall not be grounds for a claim or give the Distributor the Right to demand compensation on these grounds.
12.8. When an order is not collected by the recipient, it is returned to BigBuy's warehouse, and the Distributor shall be responsible for requesting the refund of the cost of the product. BigBuy shall not be held liable for the shipping costs resulting from the return of the product, which must be borne by the Distributor or customer that has placed the order.
13. RETURNS
13.1. The right of withdrawal does not apply to B2B sales. BigBuy does not repurchase goods from its distributors that they haven’t been able to sell in their stores or warehouses, or potential returns from their customers. If a customer wishes to return a product in perfect condition and the Distributor accepts the return, the Distributor shall retain ownership of the product. BigBuy shall not accept the return under any circumstances.
13.2. The Distributor must gather the necessary information from the customer and complete the incident form correctly in order for this to be dealt with, this process cannot be carried out by the end consumer.
13.3. The return of the product shall be carried out in accordance with the type of incident, by opening a Ticket or from the Returns section of the Distributor’s contact area:
13.3.1. If the Distributor receives a product that is damaged, incorrect, incomplete or with missing pieces, the Distributor must open a Ticket within 5 days of the product being delivered to report the incident and attach all supporting documentation.
13.3.2. If an incident occurs due to the malfunctioning of the product in the guarantee period, the Distributor may:
• Report this incident by opening a Ticket. BigBuy may opt for full or partial payment, repair, sending a new product or sending the missing part. The solution provided shall be subject to the guarantee conditions and procedures established by the brand’s technical support network.
• Report the incident via the Returns section on the Dashboard.
• This service includes one free collection at the Distributor’s address every two months, provided that the value of the products to be collected amounts to a minimum of €90 or relates to orders made more than 6 months prior. BigBuy reserves the right to reject this method of return for certain types of products, for which it shall refer to the management of incidents by Ticket. Once the defective products have been added to the Returns section and the RMA draft has been generated, the Distributor shall be responsible for completing the process by making the request for collection of the RMA within the two-year guarantee period. If the collection of the RMA is not requested within the guarantee period, the request will be rejected.
13.4. Incident returns must be authorised by the customer service department once the photos and required documentation have been checked. Sending incorrect, inaccurate of documents or the absence of the document required shall invalidate the possibility of any claim and lead to the incident being cancelled.
13.5. Collections of incidents shall always take place at the same address as the delivery of the order address and under the same conditions, at street level.
• The products to be collected must be packaged with appropriate internal and external protection to prevent breakages during transportation. If the product is received at BigBuy’s facilities with damage caused by poor packaging, the claim shall be rejected.
• “Pallet Delivery” collections of large volume products shall only be carried out if they meet the conditions of the agencies. In other words, if the products are correctly palletised, packaged and strapped, in the same way in which they were delivered.
• The products to be collected must be packaged in identical or similar sized packaging to the original delivery. BigBuy reserves the right to reject the collection of products that come with packaging of larger dimensions to the packaging the order was delivered in.
• If the Distributor wishes to return the defective goods outside of these terms, the Distributor shall bear the costs arising from this, once they have notified BigBuy to obtain the relevant authorisation to proceed with it.
• The free collection service shall not apply to the Canary Islands, Ceuta, Melilla and non-EU countries, where the Distributor must send the returns with their agency and bear all the costs derived from the transport, handling, customs clearance and settlement of prepaid taxes and duties (indicating on the defective goods invoice AT NO COST).
13.6. The review periods of the incident, in addition to the repair, shall vary according to the type of product, its complexity and times established by Technical Support Services.
14. GUARANTEE CONDITIONS
14.1. The guarantee of products purchased by the Distributor from BigBuy which are subsequently distributed to End Consumers shall be managed directly between the Distributor and their End Customer/Consumer.
14.2. The Distributor that sells to the End Consumer shall be responsible for complying with the conditions laid down in Spanish Royal Legislative Decree 1/2007 of 16th November, approving the consolidated text of the General Law for the Defence of Consumers and Users (or other similar laws in the destination country) and other complementary laws.
14.3. Products with their own authorised Technical Support network shall be subject in such cases to the guarantee conditions and procedures established by them.
14.4 The technical services of the brands, and BigBuy, shall be able to request certificates for installations carried out by registered professionals in order to process the guarantee of items that require installation prior to their first use.
14.5 If the brand does not have a technical service in the destination or if the technical service rejects the incident covered by the guarantee, redirecting the End Consumer to contact their seller, BigBuy shall indicate how to proceed with processing the incident, being able to request on a case by case basis that the Distributor provide graphic evidence of the rejection of the technical service, evidence of the malfunction subject to the claim and/or certificate of the installation carried out by a professional where necessary.
14.5. Apart from the exceptions listed below, BigBuy offers the Distributor a 24 month guarantee on its products, only covering manufacturing defects of the product.
Exceptions:
• Refurbished products have a 1 year guarantee. These products are classified according to their condition and claims shall not be accepted that relate to the condition described.
• Products for professional use have a 1 year guarantee.
• Batteries and accessories such as battery chargers or mains adaptors shall have a 6 month guarantee.
• Bulbs, batteries, belts, etc. are consumable products that are only covered by the guarantee for the first 14 days from the delivery of the order.
• Hams shall have a two month guarantee. After this deadline, claims shall be attributed to inadequate storage and/or preservation of the product.
• Apple branded products shall have a 1 year guarantee, since this is the guarantee applied by the manufacturer to products not bought directly from the official store.
14.6. BigBuy shall not accept any delivery/return that has not been authorised in advance by our Aftersales service.
14.7. Once the product defect has been accredited by the Technical Assistance Service, BigBuy shall make the decision regarding the resolution of the incident, and may opt between sending a replacement part, repair, proportional reduction of the purchase price or full payment of it. Refunds shall be made using the same payment method used when placing the order, with the exception of payments made by bank transfer, which shall be refunded to their wallet account.
14.8. If the solution to the incident is the refund of the product, only the amount corresponding to the item in question shall be paid. Exceptionally, BigBuy may also pay for the shipping if the following three conditions simultaneously apply:
- The incident occurred within the first six months after delivery.
- It relates to a Dropshipping order (delivered to an End consumer).
- The item subject to the claim comes from a single order.
14.9. If the product presented as defective does not really have such a defect, BigBuy shall notify the distributor that it won’t be refunded, and it shall be kept for 7 days stored with the Technical Assistance Service awaiting the Distributor to confirm recovery of the product, once the corresponding shipping has been paid, or its abandonment. Once this deadline elapses, the right to any claim shall be lost.
14.10. The guarantee shall be automatically invalidated in the following cases:
14.10.1. Due to the loss or handling of any of the control labels belonging to the manufacturer and/or the distribution channel intermediaries and/or BigBuy.
14.10.2. Where the cause of the damage or fault is due to incorrect use, incorrect set up, non-application of the instructions of the accompanying manual, in addition to accidents, misuse, knocks, breakages, incidents or faults produced by causes not attributable to normal operating conditions.
14.10.3. In the case of repairs due to a lack of maintenance, set-up, checking or cleaning.
14.10.4. The use of unsuitable environments: with dust, exposed to direct sunlight, with vibrations, with extreme temperatures (below 5ºC and above 40ºC), humidity beyond authorised limits (below 10% and above 95%) and electrical outlets that are unearthed or without surge protection.
14.10.5. Due to the misuse of the installed software or due to the use of illegal software.
14.10.6. Due to damage caused as a result of a virus or computer attacks.
14.10.7. Due to a shorter life cycle than the established guarantee period.
14.10.8. Due to returns of defective electronic, IT or telephony products with credentials, blocked, with linked accounts and/or location activated.
14.10.9. When a product designed for personal use is used for professional purposes.
14.10.10. When products or identification numbers show signs of manipulation or repair carried out by a technical service that does not belong to the brand. Also if accessories or spare parts have been used that are non-original to the brand.
14.10.11. When the distributor does not provide the documentation and/or photos required to manage the incident.
14.10.12. When punctures or incidents occur to the tyres of scooters, bicycles and similar products caused by their improper use or normal wear and tear.
14.10.13. Claims related to non-stick substances on kitchenware, such as saucepans and frying pans, once they have been used, due to the inability to check if they have been used and maintained appropriately.
14.10.14. Where the cause of the malfunctioning is due to a connection or use of a peripheral device not approved by the manufacturer.
14.10.15. Where the defect is caused by a power surge or connection to unsuitable voltage.
14.10.16. Where the grounds for the claim are for damage to the packaging, if the product is in perfect condition.
14.10.17. If any piece of information in the guarantee document or purchase receipt has been modified, altered or replaced.
14.10.18. If a product under guarantee and/or its identification number has been manipulated or repaired by a Technical Service that does not belong to the brand.
14.11. Where products show clear signs of misuse, unjustified wear or they arrive in an unsanitary condition, and where products have missing parts or accessories.
15. LIMITATION OF LIABILITY
15.1. BigBuy shall not be held liable for the unsuitability of products, beyond the purposes indicated by the manufacturer.
15.2. BigBuy shall not under any circumstances be held liable for any cost, charge or damage that has been incurred as a result of any breach by the Distributor of their obligations arising from these General Conditions, or a breach by the Distributor of any law or regulation regarding consumer protection, health, public order or intellectual property.
15.3. BigBuy shall not be held liable under any circumstances by the Distributor or third parties for direct, indirect losses or damages, consequential or related to the purpose of this contract or the incorrect working of the product, including accidents to persons, damage to property other than the subject of the contract or loss of benefits. Any commitment and obligations of the Distributor resulting from the guarantees between the Distributor and their customers that exceed those mentioned above and that have not been accepted by BigBuy expressly and in writing, shall be the sole responsibility of the Distributor.
15.4. Claims due to colour variations between the products delivered and their publication on BigBuy's website shall not be grounds for a claim, considering that they are subject to the configuration of the device on which they are viewed, the lighting conditions in which the product data sheet photographs are taken for BigBuy’s website or the changes that may occur in materials of a natural origin.
The published images of products may not always correspond to the format sent by the manufacturers, who reserve the right to change the packaging, design and format of the products without prior notice. BigBuy shall not be held liable for any error or difference in the descriptions, technical specifications or finishes shown in the photographs as a result of changes made by manufacturers and/or product updates. Under no circumstances shall the Distributor be entitled to make a claim if the product delivered differs in these terms to those published on BigBuy.
15.5. The End Customer/Distributor must check before purchasing a product if it is compatible in the country it is going to be used in, if it is available in the language required by the end customer and/or if it is prepared for synchronisation with the local channels (TV, telephones, etc.). BigBuy shall not be held liable for this type of incompatibility.
15.6. Information regarding the type of keyboard of devices shall be stated on the product data sheet. In the absence of information, it shall be the Distributor's responsibility to check the type of keyboard.
15.7. BigBuy shall not be held liable for incompatibilities of electronic products. By default, plugs for IT and electrical products are designed for the European market. It is the distributor’s responsibility to check that the product they are purchasing is compatible in the destination country.
15.8. Any resolution of incidents that the Distributor carries out with their customer without BigBuy’s consent and/or outside of the General and Guarantee conditions, shall hold BigBuy harmless, with the Distributor taking full responsibility for it.
15.9 BigBuy shall not be held liable when the guarantee is rejected by the brand as a result of not having the authenticity certificate available which was delivered together with the product and when it is an essential requirement to process the guarantee.
15.10 BigBuy shall not be held liable for changes to the formula of certain products made directly by the manufacturers in order to improve them.
16. CONDITIONS OF SALE OF LEADING BRANDS
16.1. BigBuy has been authorised by its suppliers to use the rights to the images of products that are used on its website, in addition to transferring the right to users with an E-Commerce or Marketplace Wholesale Pack contracted on BigBuy. This content is protected by intellectual property legislation, which must be respected at all times by the distributor.
16.2. The transfer of these rights to the distributor is strictly limited to the provisions of the commercial relationship through the Dropshipping method, so our distributors may use these images solely and exclusively for commercial purposes, with no specific geographical scope, and only for the period of time during which the commercial relationship between BigBuy and the Distributor is in force.
16.3. The dissemination of images and transfer of rights of use to third parties is strictly prohibited. The distributor shall be obliged to take the necessary measures to prevent fraudulent use.
16.4. The suppliers of products from leading brands who sell through its platform have guaranteed BigBuy that all products are original, that they have been purchased from the manufacturer or other authorised suppliers and that, in turn, they have the permissions and authorisations required for their distribution.
16.5. The suppliers of the products that BigBuy markets expressly guarantee that the products have not been modified or altered, and that they are of free movement and circulation within the European Common Market. These products are covered by the principle of free circulation of goods within the European Union and by the exhaustion of trademark rights, so they can legally be marketed by its distributors.
16.6. BigBuy’s Distributors may market these items within the European Common Market, but they must be aware of and respect the European trademark law on the different channels. If it is not respected, the Distributor shall be held solely responsible for the damage that may be caused to the owners of the trademarks.
16.7. BigBuy is not an official distributor of the brands and only acts as a reseller within the sales channel in the European Economic Area.
16.8. BigBuy is aware of the image of all these brands and shall not, under any circumstances, harm their reputation, but it shall provide the products and contents to its distributors, reminding them of their duty to respect the correct marketing of them and urging them not to harm the image or positioning of these brands. BigBuy advises following the premises below:
16.8.1. Market products respecting the prestigious image of the brands.
16.8.2. Market products respecting a space for each of the brands in order to favour and protect their positioning and differentiation.
16.8.3. Market products in accordance with selective distribution, complying with the specific qualitative conditions that this marketing entails, making it resemble the off-line channel.
16.8.4. Respect any potential restriction imposed and notified by the brand or specific clauses for the sale of its products.
16.8.5. Market these items, providing a service to match the brand image to End Customers, for which suitable training shall be required to give Customers optimal advice.
16.9. BigBuy’s suppliers and official and authorised distributors of the brands have provided BigBuy with their express guarantee that they have specific permission to resell the products on the internet via sales platforms like its Website. However, BigBuy’s Distributor must ensure, in advance, that the chosen sales channel conforms to the selective distribution required for the products purchased, exempting BigBuy from any claim that it may receive as a result.
16.10. This platform reserves the right to temporarily or permanently suspend the accounts of Distributors in the event of breaching the sales conditions, with the Distributor being responsible for compliance.
16.11. BigBuy recommends that its Distributors research the potential restrictions of the chosen sales channel, making sure that this resembles and fulfils the requirements of a selective distribution, in addition to any restriction that this channel imposes unilaterally on its Distributors.
17. PRIVACY POLICY
17.1. Protection of data of a personal nature in accordance with the LOPDDD.
BigBuy, in its application of the regulations in force with regard to the protection of data of a personal nature, informs you that the personal data collected through the forms on the Website: www.bigbuy.eu is included in the specific automated files of users of BigBuy’s services.
The purpose of the collection and automated processing of data of a personal nature is the commercial relationship and performance of IT tasks, training, advice and other activities performed by BigBuy.
This data shall only be transferred to necessary entities with the sole aim of complying with the aforementioned purpose. BigBuy adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of (EU) Regulation 2016/679 of the European Parliament and of the Council, of 27th April 2016, regarding the protection of natural persons in respect of the handling of personal data and the free circulation of it.
The user may exercise the rights of access, opposition, rectification and cancellation recognised by the aforementioned (EU) Regulation at any time. These rights may be exercised by the user via email to: customers@bigbuy.eu or the postal address: Calle San Pascual N0. 62, postcode 46960, Aldaia (Valencia).
The user declares that all the data provided by them is true and correct, and undertakes to keep it updated, notifying BigBuy of any changes.
17.2. Purpose the processing of personal data:
For what purpose do we process your personal data?
At BigBuy, we shall process your personal data collected through the website: www.bigbuy.eu for the following purposes:
1. In the event of contracting the goods and services offered through BigBuy, in order to maintain the contractual relationship, and for the management, administration, information and provision and improvement of the service.
2. To send information requested via the forms made available at BigBuy.
3. To send newsletters, in addition to commercial communications for promotions and/or advertising from BigBuy and the sector via email, WhatsApp or SMS.
We remind you that you can oppose the sending of commercial communications by any means and at any time, by sending an email to the address stated above.
The fields of these registration forms are compulsory, making it impossible to fulfil the stated purposes if this data is not provided.
17.3. How long is the personal data collected kept for?
The personal data provided will be kept while there is a commercial relationship or until its suppression is requested and for the period of time during which legal responsibilities may arise as a result of the services provided.
Legitimisation:
Your data is processed with the following legal grounds that legitimises it:
1. The request for information and/or the contracting of BigBuy's services, whose terms and conditions shall be made available to you in all cases before any eventual contracting.
2. The free, specific, informed and unambiguous consent, while we inform you by making this privacy policy available to you, which you must read and, if in agreement, you can accept through a statement or clear affirmative action, such as ticking a box provided for this purpose.
If you do not provide your data or you provide incorrect or incomplete data, we shall not be able to handle your request, making it entirely impossible to provide you with the information requested or the contracting of the services.
17.4. Recipients:
Data shall not be communicated to any third party outside BigBuy, except where there is a legal obligation to do so.
As data processors, we have contracted the following service providers, who have committed to comply with the regulatory provisions that are applicable with regard to data protection at the time of contracting:
• (PROCESSOR) Asesores y Consultores Grup Qualia S.L., with registered office at
_Calle Pablo Iglesia N.º 58 1º-1a, postcode 08302 Mataró, NIF/CIF No. B66453978__, providing Consultancy Services.
• You can view the privacy policy and other legal aspects of the company at the following link: https://www.bigbuy.eu/en/privacy.html
17.5. Data collected by service users.
In cases where the user includes files with data of a personal nature on the shared hosting servers, BigBuy shall not be held liable for the user’s breach of the GDPR.
17.6. Data retention in accordance with the LSSI (Law on Information Society Services).
BigBuy informs you that, as a data storage service provider and pursuant to the provisions of Law 34/2002 of 11th July on Information Society Services and Electronic Commerce (LSSI), it retains essential information for a maximum of 12 months in order to identify the origin of the data stored and the time at which the service provision began. The retention of this data does not affect the secrecy of communications and shall only be used within the framework of a criminal investigation or to safeguard public safety, making it available to judges and/or courts or the Ministry as required. The communication of data to Law Enforcement Bodies shall be done pursuant to the provisions of the legislation on the protection of personal data.
17.7. Intellectual property rights
BigBuy owns all copyright, intellectual property, industrial property, “knowhow” and all other rights it holds in relation to the contents of the website www.bigbuy.eu and the services offered on it, in addition to the programmes required for its implementation and related information.
The reproduction, publication and/or not strictly private use of the content, in full or in part, of the website www.bigbuy.eu without prior written consent is not permitted.
17.8. Intellectual property of the software.
The user must respect the third party programmes made available to them by BigBuy, even if they are free of charge and/or publicly available. BigBuy holds the necessary exploitation and intellectual property rights of the software.
The user does not acquire any right or license via the contracted service, of the software required to provide the service, or of the technical information to monitor the service, with the exception of the rights and licenses required to comply with the contracted services and only for their duration.
For all actions that exceed the fulfilment of the contract, the user shall require written authorisation from BigBuy, with the user being prohibited from accessing, modifying, viewing the configuration, structure and files of the servers belonging to BigBuy, assuming the civil and criminal liability derived from any incident that may occur in the servers and security systems as a direct result of a negligent or malicious action by them.
17.9. Intellectual property of the content stored.
Use of the services provided by BigBuy contrary to intellectual property legislation is prohibited and, in particular:
• Use that is contrary to Spanish laws or that infringes the rights of third parties.
• The publication and or transmission of any content which, in BigBuy’s view, is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
• Cracks, programme serial numbers or any other content that breaches the intellectual property rights of third parties.
• The collection and/or use of personal data belonging to other users without their express consent or contravening the provisions of (EU) Regulation 2016/679 of the European Parliament and of the Council, of 27th April 2016, regarding the protection of natural persons in respect of the handling of personal data and the free circulation of it.
• The use of the email server of the domain and email addresses to send mass spam email. The user bears full responsibility for the content of their website, information transmitted and stored, hypertext links, third-party claims and legal actions with regard to intellectual property.
17.10. Rights of third parties and child protection.
The user is responsible for respecting the laws and regulations in force and the rules that relate to the operation of the online service, electronic commerce, copyright, maintenance of public order, in addition to universal principles of use of the internet.
The user shall compensate BigBuy for the costs generated by the accusation of BigBuy in any legal proceedings where the responsibility is attributable to the user, including the fees and costs of legal defence, including in the case of a non-final judicial decision.
17.11. Protection of stored information.
BigBuy makes backup copies of the contents stored on its servers, it does not however accept liability for the loss or accidental deletion of data by users. Likewise, it does not guarantee the full reinstatement of the data deleted by users, since this data may have been deleted and/or modified during the period of the time which has passed since the last backup copy was made.
The services offered, with the exception of specific backup services, do not include the reinstatement of the contents stored in the backup copies made by BigBuy, when this loss is attributable to the user; in this case, a rate will be set in accordance with the complexity and volume of the recovery, always prior to the user’s acceptance.
The reinstatement of deleted information is only included in the price of the service when the loss of the contents is due to causes attributable to BigBuy.
17.12. Commercial communications.
In the application of the LSSI (Law on Information Society Services). BigBuy shall not send advertising or promotional communications by email or other equivalent electronic means of communication that have not been previously requested or expressly authorised by the recipients of them.
In the case of users who have a prior contractual relationship, BigBuy is authorised to send commercial communications regarding BigBuy's products or services which are similar to those that were initially the subject of a contract with the customer.
In all cases, the user, after proving their identity, may request that they do not receive any further commercial information though Customer Service channels.
18. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All contents of the Website such as texts, graphics, photographs, logos, icons, images, in addition to the graphic design, source code and software belong to BigBuy or, if applicable, to third parties whose rights it legitimately holds. In both cases, they are protected by national and international industrial and intellectual property legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes is strictly prohibited, in addition to their distribution, modification, alteration or decompiling.
Unless expressly authorised by BigBuy, reproducing, transmitting or exploiting the content of this website in any way shall not be permitted.
19. SEVERABILITY
If any stipulation of these conditions becomes invalid, declared null and void or becomes unenforceable according to the applicable legislation, this stipulation shall be rendered ineffective, without this affecting any other stipulation or the General and Guarantee Conditions as a whole.
20. APPLICABLE LAW AND JURISDICTION
20.1. These General Conditions of Sale shall be governed and interpreted in accordance with the legislation in force in Spain.
20.2. In the event of a dispute, the contracting parties subject themselves to the Courts of Valencia (Spain), expressly waiving their right to any other jurisdiction that may apply.
20.3. However, the point above shall not prevent BigBuy from exercising the right to settle any dispute in another competent jurisdiction.