Condiciones generales

1. GENERAL INFORMATION

The ownership of this website bara-ka.com (hereinafter Bara-Ka.com or Website) is held by Minima B, with Tax ID Number (NIF): B10697993, registered in the Commercial Registry of Barcelona, with the following registration details: TOMO 48335, FOLIO 134. HOJA B 580468, INSCRIPTION 1., and the contact details are:

Address: Carrer Pedro de la Creu, 44, 08034 Barcelona

Contact phone: +34 639 712 633

Contact email: celine@bara-ka.com

This document (as well as other documents mentioned here) regulates the terms and conditions under which this Website (bara-ka.com) is used and the purchase or acquisition of products and/or services on it (hereinafter, Terms).

For the purposes of these Terms, the activity that Bara-ka.com develops through the Website is understood to include:

Online store (marketplace) for the sale and distribution of second-hand designer furniture and objects from suppliers.

In addition to reading these Terms, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Bara-ka.com. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and everything previously mentioned. Therefore, if the User does not agree with all of this, they should not use this Website.

Furthermore, please note that these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as those in effect at the time the request for the acquisition of products and/or services is made will apply.

For any questions the User may have regarding the Terms, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

3. PURCHASE OR ACQUISITION PROCESS

Users who are properly registered can make purchases on the Website through the means and methods established. They must follow the online purchase and/or acquisition process of bara-ka.com, during which various products and/or services can be selected and added to the shopping cart or final purchase space, and finally, click on: "buy now."

Additionally, the User must fill out and/or verify the information requested at each step, although, during the purchase process, the purchase data can be modified before payment is made.

Next, the User will receive an email confirming that Bara-ka.com has received their order or request for purchase and/or service provision, i.e., the order confirmation. If applicable, the User will also be informed by email when their purchase is being shipped. These details may also be made available to the User through their personal space on the Website.

Once the purchase process is complete, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal space on the Website. Additionally, if desired, the User may request a paper copy of the invoice from Bara-ka.com using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions that apply to the product and/or service in question, which are displayed alongside the presentation or, if applicable, the image of the product on its page on the Website, indicating, as an example but not limited to, and depending on the case: name, price, components, weight, quantity, color, product details, or characteristics, the manner in which the services will be carried out and/or the cost of the services. The User acknowledges that placing the order for purchase or acquisition constitutes full and complete acceptance of the specific sales conditions applicable to each case.

The User is aware that Bara-ka.com presents a series of services for their interest that are not directly provided to Users, but will be contracted and provided by a third party other than Bara-ka.com.

4. AVAILABILITY

All purchase orders received by Bara-ka.com through the Website are subject to the availability of the products and/or any circumstances or force majeure causes (clause nine of these Conditions) that affect the supply of the products and/or the provision of services. If difficulties arise regarding the supply of products by the supplier, Bara-ka.com commits to contacting the User and refunding any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes, unless a different issue is indicated and applied due to legal requirements, especially regarding VAT.

The shipping costs are included in the final prices of the products as displayed on the Website. Thus, Bara-ka.com provides delivery and/or shipping services through various carriers.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods are: Credit or debit card, and Bank transfer.

Furthermore, the User may pay all or part of the purchase price with a gift card and/or a voucher card issued by Bara-ka.com and/or Minima B.

Bara-ka.com uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank that issued them. If the bank does not authorize the payment, Bara-ka.com will not be responsible for any delay or failure of delivery and will not be able to formalize any contract with the User.

Once Bara-ka.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the shipping confirmation and/or confirmation of the service provided in the agreed form and, if applicable, location.

If the payment method is a gift card or voucher card, the charge will be made when Bara-ka.com sends a purchase confirmation of the products and/or services to the User.

In any case, by clicking on "buy now", the User confirms that the payment method used is theirs, or that they are the legitimate holder of the gift card or voucher card.

Purchase orders or acquisitions in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow enough time for the bank transfer to be processed by the payment system used by Bara-ka.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

With this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and transfer reference. In case of error, Bara-ka.com will not be able to validate the order, which will be canceled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Mainland only).

Except in cases of unforeseen or extraordinary circumstances or, if applicable, due to the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time frame indicated on the Website according to the shipping method selected by the User, and in any case, within a maximum period of 30 calendar days from the order confirmation date.

If for any reason attributable to Bara-ka.com it is unable to meet the delivery date, it will contact the User to inform them of this circumstance. The User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If delivery of the order is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how it can be delivered again.

If the User will not be at the delivery location within the agreed time window, they must contact Bara-ka.com to arrange delivery on another day.

If 30 days have passed since the order became available for delivery, and it has not been delivered due to reasons not attributable to Bara-ka.com, Bara-ka.com will consider that the User wishes to withdraw from the contract, and it will be deemed resolved. As a result of the contract resolution, all payments received from the User will be refunded, except for additional costs resulting from the User's choice of a delivery method and storage costs for the product during the 30-day period, as well as the transportation costs to return the product to the store of origin. The refund will be made within a maximum period of 14 calendar days from the date the contract is considered resolved.

However, the User should be aware that transportation costs resulting from the resolution may incur an additional charge, which may be passed on to them.

For the purposes of these Terms, it will be understood that delivery has occurred, or that the order has been delivered, at the moment the User or a third party designated by the User takes physical possession of the products, which will be evidenced by the signature upon receipt of the order at the agreed delivery address.

Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Bara-ka.com receives the full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place after the full payment has been received by Bara-ka.com.

In accordance with Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service provision will be considered to be located within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time, depending on the specific article concerned.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect an error when entering necessary data to process their purchase request on the Website, they may correct it by contacting Bara-ka.com through the contact spaces available on the Website and, if applicable, through those available to contact customer service, and/or using the contact information provided in clause one (General Information). Additionally, this information may also be corrected by the User through their personal connection space on the Website.

In any case, before clicking on "buy now", the User has access to the area, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Terms of Use, and specifically the Privacy Policy to gather more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, they are entitled to a series of rights, as enumerated and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, is entitled to withdraw from that purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, takes physical possession of the goods purchased on the Website of Bara-ka.com. If the goods in the order are delivered separately, the withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, takes possession of the last of those goods in the same order. In the case of a service contract, the withdrawal period will expire 14 calendar days from the day the contract is concluded.

To exercise the right of withdrawal, the User must notify their decision to Bara-ka.com. This can be done, if applicable, through the contact spaces available on the Website.

The User, regardless of the method chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract.

To meet the withdrawal deadline, it is sufficient for the communication clearly expressing the decision to withdraw to be sent before the corresponding period expires.

In the event of withdrawal, Bara-ka.com will refund all payments received from the User, including delivery costs (except for any additional costs chosen by the User for a shipping method other than the least expensive one offered on the Website) without undue delay, and in any case, within 14 calendar days from the date Bara-ka.com is informed of the User’s decision to withdraw.

Bara-ka.com will refund the User using the same payment method used by the User for the initial purchase transaction. This refund will not incur any additional cost for the User. However, Bara-ka.com may withhold the refund until it has received the products or items from the purchase, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to Bara-ka.com at the store address selling the product on the marketplace.

This must be done without undue delay and, in any case, no later than 14 calendar days from the date Bara-ka.com was informed of the decision to withdraw.

The User acknowledges that they will bear the direct cost of returning the goods (transport, delivery), if any. Additionally, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as outlined in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not limitation, this includes: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as factory-sealed; products that are sealed for reasons of hygiene or health and have been unsealed after delivery.

In the same sense, the provision of a service that the User may contract on this Website is governed by the same Law, as it establishes that the User will not have the right of withdrawal when the service has been completely executed, or when it has begun, with the express consent of the consumer and user, and with their acknowledgment that once the contract has been fully executed by Bara-ka.com, they will lose the right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, or if the products are not in the same condition as when they were delivered or have suffered damage after delivery.

Additionally, the products must be returned using or including all original packaging, instructions, and other documents that may accompany them, along with a copy of the purchase invoice.

Return of Defective Products or Shipping Errors

This applies to all cases where the User considers that, at the time of delivery, the product does not conform to the contract or purchase order, and therefore, they must contact Bara-ka.com immediately to inform them of the discrepancy (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and once returned, the products will be examined, and the User will be informed, within a reasonable time, whether a refund or, if applicable, a replacement will be issued.

The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days of the date we send an email confirming that the refund or replacement of the non-conforming item is due.

The amount paid for products returned due to a defect, when one truly exists, will be refunded in full, including delivery costs and any costs incurred by the User to return the product. The refund will be made using the same payment method the User used to pay for the purchase.

In any case, the rights recognized by the current legislation will always apply to the User, as a consumer and user.

Warranties

It is understood that the products are in conformity with the contract as long as: they match the description provided by Bara-ka.com and possess the qualities presented; they are suitable for the uses that goods of the same type are ordinarily intended for; and they present the usual quality and features of a product of the same type that are generally expected. When this is not the case with the products delivered to the User, they must proceed as indicated in the Return of Defective Products or Shipping Errors section. However, some of the products sold on the Website may have non-homogeneous characteristics

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Bara-ka.com will not accept any liability for the following losses, regardless of their origin:

  • Any losses that are not attributable to any breach by Bara-ka.com;
  • Business losses (including loss of profit, income, contracts, expected savings, data, goodwill, or unnecessary expenses incurred); or
  • Any other indirect loss that could not have been reasonably foreseen by both parties at the time the purchase contract for the products was formalized.

Likewise, Bara-ka.com also limits its liability in the following cases:

  • Bara-ka.com takes all measures necessary to provide an accurate display of the product on the Website; however, it is not responsible for any minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other related matters.
  • Bara-ka.com will act with the utmost diligence to ensure that the product is made available to the company responsible for transporting the product ordered. However, it is not responsible for any harm resulting from transportation issues, especially those caused by strikes, road blockages, and generally any other issues specific to the sector that result in delays, losses, or theft of the product.
  • Technical failures caused by accidents or other reasons that prevent the normal functioning of the service via the internet. Lack of availability of the Website for maintenance reasons or others that prevent the service from being available. Bara-ka.com makes every effort to carry out the purchasing, payment, and shipping/delivery processes for the products, but disclaims responsibility for causes that are not attributable to it, accidents, or force majeure.
  • Bara-ka.com will not be responsible for misuse and/or wear of the products that have been used by the User. At the same time, Bara-ka.com will not be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
  • In general, Bara-ka.com will not be liable for any breach or delay in fulfilling any obligations when it is due to events that are outside its reasonable control, i.e., those resulting from force majeure, and this may include, by way of example but not limited to:
    • Strikes, lockouts, or other protest measures.
    • Civil unrest, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster.
    • Inability to use trains, ships, planes, motorized transport, or other public or private means of transportation.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure cause continues, and Bara-ka.com will be granted an extension to the deadline for fulfilling them for a period equal to the duration of the force majeure cause. Bara-ka.com will make all reasonable efforts to find a solution that allows it to fulfill its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Bara-ka.com will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent by Bara-ka.com electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law for the User.

The User may send notifications and/or communicate with Bara-ka.com through the contact details provided in these Terms and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stated, Bara-ka.com may contact and/or notify the User at their email address or postal address provided.

11. WAIVER

No waiver by Bara-ka.com of a specific legal right or action, or the failure by Bara-ka.com to require strict compliance by the User with any of their obligations, will constitute a waiver of other rights or actions derived from a contract or from these Terms, nor will it exempt the User from fulfilling their obligations.

No waiver by Bara-ka.com of any of these Terms or the rights or actions derived from a contract will take effect unless it is expressly stated as a waiver, formalized, and communicated to the User in writing.

12. NULLITY

If any of these Terms are declared null and void by a final decision of a competent authority, the remaining clauses will remain in force, unaffected by the declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and any document referred to expressly in them constitute the entire agreement between the User and Bara-ka.com in relation to the object of the sale and replace any other verbal or written pact, agreement, or promise previously made by the same parties.

The User and Bara-ka.com acknowledge having entered into a contract without relying on any statements or promises made by the other party, except those expressly mentioned in these Terms.

14. DATA PROTECTION

The personal information or data that the User provides to Bara-ka.com during a transaction on the Website will be processed in accordance with the provisions set out in the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website, as well as contracts for purchasing products through it, will be governed by Spanish law.

Any dispute, problem, or disagreement arising from or related to the access, browsing, and/or use of the Website, or the interpretation and execution of these Terms, or the sales contracts between Bara-ka.com and the User, will be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may submit their complaints, claims, or any other comments they wish to make to Bara-ka.com through the contact details provided at the beginning of these Terms (General Information).

Additionally, if a dispute arises from this purchase contract between Bara-ka.com and the User, the User, as a consumer, may request an out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution in consumer matters, and which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: https://ec.europa.eu/consumers/odr/.

This General Purchase Terms document was created on 05/07/2022.