These General Conditions of Sale ("GCS") are applicable to any commercial relationship, sale, supply and provision of goods or services by BELLEZÓN, S.L., hereinafter ("BELLEZÓN"), which will be contracted through the issuance by BELLEZÓN of an offer at the request of the CLIENT and the subsequent sending by the Client of an order accepting it or a copy of the offer signed as a sign of acceptance, which in turn must be accepted by BELLEZÓN. Any statement or other act by the CUSTOMER indicating assent to the offer constitutes acceptance.
By visiting the WEBSITE accessible through the domain name https://www.bellezon-care.com (hereinafter, the "WEBSITE"), and/or purchasing a product or service from BELLEZÓN, you agree to be bound by the following terms and conditions. The GCS apply to all users of the WEBSITE without limitation of any kind.
Any new features or tools added to the WEBSITE will also be subject to the same terms and conditions. BELLEZÓN reserves the right to update, change or replace any part of these T&Cs by posting updates on the WEBSITE. It is your responsibility to check the T&Cs periodically for changes. By continuing to visit or use the WEBSITE, you agree to be bound by any such changes. Any deviation from the standard terms and conditions of the CLIENT is void unless confirmed in writing by BELLEZÓN. Last revised: July 2024.
Contractual documentation
The relationship between BELLEZÓN and you, the "CUSTOMER", is governed by the purchase of products, BELLEZÓN's offer, the CUSTOMER's order or acceptance accepted by BELLEZÓN and these terms and conditions, all of which constitute the "CONTRACT". In the event of contradiction, the clauses of these GCS will prevail, except for the specific conditions included in each offer or order acceptance.
2. Offer and order
BELLEZÓN's offer will contain the description of the supply, the execution and delivery period, the price and other specific conditions of each supply. The CUSTOMER must, within a maximum period of one month (unless otherwise stated in the offer), issue an order, which will be understood to be in accordance with the offer, or accept the offer in writing. After this period, the offer shall be deemed to have expired. The issuing of an order based on an offer from BELLEZÓN or the written acceptance of the offer implies acceptance by the CLIENT of these GCS, which will prevail over any other General Conditions of Purchase, if any. Modifications and/or variations to the scope of an accepted order must be notified in writing to BELLEZÓN, and to be valid they must be expressly accepted by BELLEZÓN.
3. Products or services
Certain products or services may be available exclusively on the WEBSITE. These products or services may be limited in quantity and are subject to return or exchange only in accordance with this Return Policy. BELLEZÓN has made every effort to display more accurately the colours and images of the products that appear on the WEBSITE, but cannot guarantee that the CLIENT'S screen will display the colour in accordance with reality.
BELLEZÓN reserves the right, without obligation, to limit sales of its products or services to any person, geographic area or jurisdiction. It may exercise this right on a case-by-case basis. It reserves the right to limit the quantities of any product or service it offers. All product descriptions or prices may change at any time without notice at its sole discretion. It reserves the right to discontinue offering any product at any time. No warranty is made that the quality of any product, service, information or other material obtained or purchased by the CUSTOMER will meet its expectations, nor that any errors in the service will be corrected.
Each sale of a BELLEZÓN product implies, without reservation, the understanding and consent of the CLIENT to all the information contained in the "Use and Care" section of the WEBSITE.
4. Prices and payment
The price of the supply is net (except for the products sold via the WEB), only including the items indicated in the offer and/or acceptance of the order, and in no case the taxes, charges or fees of any kind that are levied on the supply. There is no possibility of deductions such as withholdings or discounts not agreed. The price is valid only for the quantities offered, for the payment conditions specified and for orders received within the period of validity of the offer. The prices of the products on the WEBSITE are subject to change without notice. BELLEZÓN reserves the right to modify or terminate the service (or any part or content thereof) without notice at any time. BELLEZÓN shall not be liable to the CLIENT or any third party for any modification, price change, interruption or termination of the service. Transport is not included in the sale price.
Payment will be made in the currency and terms agreed in the offer or order for each supply within 30 days of the invoice date. Failure by the CUSTOMER to comply with any payment obligation, as well as insolvency or non-payment to BELLEZÓN of any debts, legitimises BELLEZÓN to suspend or declare the contract terminated and declare the entire debt due in advance, demanding immediate payment (including that which has not reached its due date), collecting the work carried out, expenses incurred and damages suffered, with the amounts received remaining in its favour without the CUSTOMER's right to compensation, and with extinction of the guarantee. In the event that an advance payment has been agreed, the contract will not come into force, nor will BELLEZÓN's performance be enforceable, until BELLEZÓN has received said advance payment.
5. Delivery time
It is that specified in the offer and/or order acceptance, provided that the CUSTOMER complies with its obligation to provide information, documents and approvals on time, at in accordance with the schedule established for each case. If the CUSTOMER requires modifications or improvements to the supply, BELLEZÓN will establish a new contractual delivery period which it will inform the CUSTOMER of. In any case, the delay in delivery caused by force majeure or unforeseen circumstances (e.g. over-demand of a supply or a product involving an overload of the production apparatus) will not be considered as such and will not give rise to penalties. Any delay in payment by the CUSTOMER shall result in a corresponding increase in the delivery period.
6. Force majeure
The impossibility or delay by BELLEZÓN in the performance of the object of the Contract resulting from force majeure, including, but not limited to, war, terrorist attacks, pandemics, natural disasters, fires, floods, shortages of labour, energy or raw materials, labour disputes such as strikes or lockouts, failure of means of transport or third party supplies, administrative provisions, government orders, or any other cause beyond BELLEZÓN's control that may be considered as force majeure under Article 1.105 of the Spanish Civil Code, will exempt BELLEZÓN from its obligation to comply for as long as it persists, and will imply a correlative extension of the delivery period. If the cause of force majeure lasts for more than three (3) months, BELLEZÓN may terminate the CONTRACT without any obligation to pay compensation.
7. Cancellation of orders
If for any reason the CUSTOMER decides to cancel all or part of its order, BELLEZÓN reserves the right to take the appropriate legal action, and the CUSTOMER will retain, as damages, the part of the supply carried out, the materials it has received and the amounts paid on account of the total price of the CONTRACT, while retaining the right to claim compensation for other damages suffered. The minimum charges to be paid by the CUSTOMER in the event of cancellation of an order may be determined in the offer. In the event of cancellation of an order that has already entered the design phase, the CUSTOMER shall pay a minimum of twenty percent (20%) of the total price of the supply.
BELLEZÓN reserves the right to cancel any order placed by the CLIENT, without obligation to justify. It may, at its sole discretion, limit or cancel quantities purchased by an individual, by a household or by an order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same payment information and/or shipping address. In the event that BELLEZÓN modifies or cancels an order, it will attempt to notify the CUSTOMER by e-mail and/or shipping address/phone number provided at the time the order was placed. The CUSTOMER agrees to provide current, complete and accurate information about their purchase and their account for all purchases made on the WEBSITE. The CUSTOMER agrees to update their account details and other information, including email and credit card numbers and expiry dates, so that BELLEZÓN can complete their transactions and contact them when necessary, with respect to this Return Policy.
8. Quality of supply
The supply shall conform to what is indicated in each CONTRACT with regard to its quality and conditions. The CUSTOMER must accept the supply in writing if it is present at the inspection and this is satisfactory. In the event of waiving this right, the supply will be understood to have been definitively accepted. The expenses incurred by the CUSTOMER's visits and acceptance shall be borne by the CUSTOMER. In any case, it shall be understood that the supply has been received by the CUSTOMER once 3 days have elapsed since delivery without any complaint of defects and/or faults or if the CUSTOMER begins to use it.
9. Warranty, Returns and Refunds (if applicable)
BELLEZÓN guarantees the supply or product against any defect directly and exclusively attributable to defects in design, manufacture, or materials, so that in the event that within the warranty period any defect or malfunction with such origin is detected, BELLEZÓN undertakes to correct it. Under this warranty, BELLEZÓN undertakes to repair or replace, at its option, and in the place it determines, the defective parts. The CUSTOMER must immediately notify BELLEZÓN of any defect as soon as it becomes apparent, describing its nature in detail and allowing BELLEZÓN to inspect and correct the defect, making the supply or product available to it. Any transport costs of the supply or product, customs, taxes, etc., are the responsibility of the CUSTOMER. The guarantee covers exclusively the repair of defects and/or replacement of defective elements. The guarantee shall not apply in the event of normal wear and tear of the equipment, whether ordinary wear and tear due to operation or external causes, or extraordinary wear and tear due to overloading, misuse or external causes such as excessive humidity, dust, corrosive agents, etc. Nor does it cover defects caused by accidents, force majeure, mishandling or carelessness, or defects arising from improper transport, storage, use or maintenance, and in general those that have been generated by causes not attributable to or beyond the control of BELLEZÓN. The CUSTOMER is not authorised to repair by himself or by third parties, nor to unilaterally send the supply or product for correction or replacement. The guarantee expires if the CUSTOMER or third parties carry out interventions, modifications or repairs without the prior written consent of BELLEZÓN, or if they do not immediately take appropriate measures to prevent an aggravation of the damage. Under no circumstances does the guarantee cover direct or indirect damage or harm to person or thing, replacing any other conditions or guarantees, whether express, implicit or legal, which have not been expressly recognised by BELLEZÓN. In any case, the guarantee excludes BELLEZÓN's obligation to respond for hidden defects beyond the period indicated. The repair or replacement of a defective part of the supply or product does not change the start date of the guarantee period for the whole supply or product.
To return the supply or product, the CLIENT must send it by post to: BELLEZÓN, S.L. - Plaza Cein, 5 - Polígono Mocholí - Oficina Central T1, 31110 - Noáin (NAVARRA). If you receive a refund, the cost of return shipping will be deducted from the refund. BELLEZÓN's return policy lasts 7 days. If 7 days have passed since purchase, unfortunately BELLEZÓN cannot offer a refund or exchange. To be eligible for a refund, the supply or product must be unused and in the same condition in which the CUSTOMER received it. It must also be in the original packaging. Additional returnable items not : gift cards. To make the return, a receipt or proof of purchase is required. Any supply or product that is not in its original condition, with damage or with parts omitted for reasons that are not due to BELLEZÓN's error, cannot benefit from BELLEZÓN's return policy.
Only defective or damaged items will be exchanged. If the CLIENT needs to exchange it for the same item, they should send an email to contacto@bellezon-group.com and send their item to: BELLEZÓN, S.L. - Plaza Cein, 5 - Polígono Mocholí - Oficina Central T1, 31110 - Noáin (NAVARRA). If the item was marked as a gift when it was purchased and sent directly, the CLIENT will receive a credit for the value of its return. Once the returned item is received, a gift card will be mailed to you. If the item was not marked as a gift when purchased, or if the orderer sent it home to give to the CUSTOMER at a later date, a refund will be sent to the CUSTOMER and the CUSTOMER will be notified of their return.
Once the return is received and inspected, an email will be sent to the CUSTOMER notifying them that their returned item has been received. BELLEZÓN will also notify the CUSTOMER of the approval or rejection of the refund. If approved, the refund will be processed and a credit will be automatically applied to the CUSTOMER's original credit card or payment method within a few days. If the CUSTOMER has not yet received a refund, they should first check their bank account again. Then contact their credit card company, then their bank. There is a short processing time before a refund is issued. If everything has been done and you still have not received a refund, contact contacto@bellezon-group.com. Only regular priced items can be refunded, unfortunately sale items cannot be refunded. BELLEZON cannot guarantee that it will receive the refund from the CUSTOMER.
10. Limitation of liability
In no event shall BELLEZÓN be liable for any injuries, losses, claims, or any damages whatsoever, whether direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the WEBSITE, or any other claim related in any way to the use of the service or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available via the service and the WEBSITE, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, BELLEZÓN's liability shall be limited to the maximum extent permitted by law.
Exemption from liability:
We are not responsible for premature deterioration of the Bellezón CAP prosthesis due to misuse or external factors.
The raw material, in contact with the skin, of all Bellezón CAP prostheses is dermatologically tested. However, before prolonged use, we recommend testing it for 15 minutes on your skin, in case of any reaction to the product. In case of any reaction, we recommend not to use the product - Bellezón, S.L. disclaims any liability in this regard.
11. Reservation of title
BELLEZÓN retains ownership of the goods supplied until such time as the CUSTOMER has finally and fully paid the price of the supply and has fulfilled all obligations arising from the business relationship. The CUSTOMER is obliged to carefully guard the goods supplied until it has acquired ownership of them, assuming the risk of loss or damage to them from the moment of delivery. In the event that the goods supplied are transformed or integrated with other goods by the CUSTOMER, BELLEZÓN will acquire co-ownership of the newly manufactured goods, and the CUSTOMER may not dispose of them for its own benefit or hand them over to third parties without BELLEZÓN's express prior written authorisation. Used packaging materials are the property and responsibility of the CUSTOMER, who must give them the appropriate environmental treatment, and they may not be returned.
12. Industrial property
Any technology, design, invention, work, drawing, document, process, know-how, manual, method, solution, idea, improvement, modification, contribution, and in general, any information or associated documentation developed or supplied by BELLEZÓN in connection with the offer, of the execution of the CONTRACT or incorporated in the design or operation of the supply that involves industrial or intellectual property, will at all times be the exclusive property of BELLEZÓN, and the CUSTOMER may not use it on its own behalf or on behalf of third parties without the prior written consent of BELLEZÓN for purposes other than the fulfilment of the CONTRACT and the operation of the supply.
13. Use of the BELLEZÓN trademark
We are the owner of the commercial identifier "BELLEZÓN". The word "BELLEZÓN" and the designation "BELLEZÓN" are registered trademarks of BELLEZÓN. The trademarks of BELLEZÓN Products are generally registered trademarks of BELLEZÓN. The CUSTOMER is not permitted to use the "BELLEZÓN" brand name or the designation "BELLEZÓN" for any purpose other than the commercial identification of the original BELLEZÓN products delivered to him, or to present them as a brand name himself.
Any other use, in particular the use of "Bellezón" or "BELLEZÓN" as an integral part of his company for the identification of his business, for the registration of a domain, as an Internet address or part of an Internet address, the use of the identification for his own products or products of third parties, their presentation or packaging or the use of an identical or similar sign is prohibited for the CUSTOMER.
We will not tolerate the violation of Trademark Rights and Definitions and reserve the right to immediately suspend business relations with the CUSTOMER. Furthermore, in such cases we shall take the necessary legal action and take measures to pursue violations of rights or allow prosecution. In such cases, in accordance with statutory provisions, we shall be entitled to claim compensation from the CUSTOMER, which may also include legal costs. In the event of criminally relevant actions on the part of the CUSTOMER, we shall file a criminal complaint.
14. Applicable law and dispute resolution
The CONTRACT and its execution are governed by Spanish law. The 1980 Vienna Convention on the International Sale of Goods shall not apply. For the resolution of any dispute relating to the interpretation and execution of the CONTRACT that cannot be resolved amicably, the Courts and Tribunals of Pamplona (Navarra) will have jurisdiction, with express waiver by the parties of their own jurisdiction, although BELLEZÓN reserves the right to file a lawsuit against the CLIENT in the place of jurisdiction of the latter.
In the event that any provision of these GCS is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these GCS, such determination shall not affect the validity and enforceability of any other remaining provisions.
a validez y aplicabilidad de cualquier otra disposición restante.