GENERAL TERMS AND CONDITIONS OF PRODUCT PURCHASE AND SERVICE CONTRACTING OF BOMBO eLIQUIDS (VAPERS EXPERIENCE, S.L.)
You can read or print these general terms and conditions of purchase; we kindly ask you to read them in detail.
1. PURPOSE
This document aims to generally regulate the commercial sales and supply relationships between VAPERS EXPERIENCE, S.L., NIF B66315201, with registered office at Avenida de la Riera, nº 10, 08960 Sant Just Desvern (Barcelona, Spain), and registered in the Mercantile Registry of BARCELONA T 44385, F 164, S 8, HB 454573 (hereinafter, the PROVIDER), and the buyers, whether individuals or legal entities, professionals or not (hereinafter, the CLIENT). By accepting, the CLIENT declares to have read, understood, and accepted the provisions of these General Terms and Conditions, agreeing to be bound by them without reservation.
The CLIENT declares to be of legal age and to have the sufficient capacity to enter into this contract.
These General Terms and Conditions shall apply to all purchases and services agreed upon between the PROVIDER and the CLIENT and shall be binding for both, rendering any other condition or specification included by the CLIENT in any other documentation ineffective unless explicitly accepted in writing by the PROVIDER.
These General Terms and Conditions may be modified due to the PROVIDER's needs or legal requirements; therefore, the CLIENT must review and accept their content before placing each order.
If the CLIENT is a consumer, in matters not provided for in these conditions or not applicable, the provisions of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users, as well as the applicable European consumer legislation at the time of contracting, shall apply.
The CLIENT may exercise the right of withdrawal within 14 calendar days from the delivery of the goods, bearing the return shipping costs.
Conditions for exercising the product return:
-
The return of the following products is not allowed without the protective film or security seal:
-
The return of used products is not allowed.
-
The return of a product that does not contain all its parts is not allowed.
-
Only returns of products in perfect condition, in their original box, and with all components included will be accepted, expressly excluding returns of damaged products or those with defects.
-
The CLIENT must send a communication to info@bomboeliquids.com, indicating their intention to return the product and the reason, proceeding to send the product to:
BOMBO eLIQUIDS
Av. de la Riera
08960 - Sant Just Desvern (Barcelona)
Tel: (+34) 937 822 242
Upon receiving the product, the PROVIDER will verify that it meets all return conditions. If so, a coupon will be issued to the CLIENT for use on the website www.bomboeliquids.com, or a refund will be made via bank transfer, after consulting the CLIENT to choose their preferred method. If the return is rejected, the CLIENT authorizes the PROVIDER to resend the product, either with their next order or through a separate shipment at the PROVIDER's discretion, with the return shipping costs borne by the CLIENT.
In the case of specific conditions, they will be binding only when signed by both parties, taking precedence over these general conditions in any conflicting aspects.
Furthermore, acceptance of these General Terms and Conditions implies a novation effect over any others previously agreed upon by the parties.
2. PRODUCTS, PRICES, AND ORDERS
Orders placed by the CLIENT to the PROVIDER must be made through the platform enabled for this purpose on the website www.bomboeliquids.com; verbal or telephone orders will not be binding unless confirmed in writing by the PROVIDER. Placing an order requires having a USER account on the PROVIDER's website and implies acceptance of these General Terms and Conditions and the payment service provider's general conditions.
Photographs or graphics may undergo alterations or variations due to design or format changes, which the CLIENT accepts. The PROVIDER may withdraw any of its products from sale without prior notice or modify the price, without this entitling the CLIENT to any compensation.
The CLIENT must select and add to the virtual shopping cart the products and quantities needed. If there are specific shipping needs or related to the order that the PROVIDER should be aware of, they must be indicated in the "observations" section. During the order processing, approximate shipping costs will be informed, as well as the possible assumption of these costs by the PROVIDER if free shipping applies according to the company's policy.
The CLIENT understands that the estimated shipping costs calculated through the portal may vary and accepts that the PROVIDER may pass on any possible increase in these costs.
To make the payment, the CLIENT must complete their debit/credit card details and authorize the charge. By doing so, they declare to be the cardholder or authorized to use it, being responsible for any unauthorized or improper use.
If the total order amount is paid after the order is confirmed or via bank transfer, the CLIENT must send the payment receipt or any other accepted payment method by the PROVIDER to the following email address, indicating the order number, the bank account number provided by the PROVIDER, and the amount deposited: info@bomboeliquids.com.
Once the order is finalized and confirmed by the CLIENT, the PROVIDER will respond within a maximum of 7 days, accepting or rejecting the order, and addressing any CLIENT requests.
If there is a manifest error in the product price, the PROVIDER will inform the CLIENT as soon as possible upon detection, communicating the correct price and allowing the CLIENT to choose between canceling the order or accepting it after paying the correct amount. In no case will the PROVIDER be obliged to send the order if the CLIENT refuses to pay the correct price, in which case the PROVIDER will refund the amount paid by the CLIENT.
If the CLIENT chooses to pay via bank transfer, the order will be reserved for 3 business days. After this period, if no response is received from the CLIENT, the PROVIDER will cancel the order.
The perfection of the sales contract will be subject to the PROVIDER's acceptance of the order and the availability of stock for the products requested by the CLIENT. If, after the CLIENT places the order and the PROVIDER accepts it, any of the requested products are unavailable, the PROVIDER will inform the CLIENT of this circumstance, also informing that, unless the CLIENT expressly cancels the entire order, the order will be sent excluding the unavailable items. However, as long as the shipment has not left the PROVIDER's facilities, the CLIENT may replace the out-of-stock product with another of the same amount. In any case, regarding the resulting balance in favor of the CLIENT for the out-of-stock products, the CLIENT may alternatively choose between a refund, a coupon for use on the website www.bomboeliquids.com, or maintaining the order for it to be sent with the next order placed by the CLIENT, provided there is stock.
The CLIENT declares that all data provided to the PROVIDER are correct and truthful, exempting the latter from any liability arising from inaccuracies or falsehoods, and the PROVIDER may claim damages caused by the breach of this obligation.
3. ORDER MODIFICATION AND CANCELLATIONYou can read or print these general terms and conditions of purchase; we kindly ask you to read them in detail.
Once the PROVIDER has confirmed the order via email to the CLIENT's registered email, the CLIENT is obligated to receive it under the terms of these General Conditions and any specific conditions agreed upon with the order.
However, if the CLIENT requests a modification, it will be assessed based on the timing of the request. If it causes no additional cost or inconvenience, the PROVIDER will carry it out. If it causes a cost or operational issue, the PROVIDER will inform the CLIENT, who can choose to proceed with the original or modified order, accepting any added cost.
In all cases, the PROVIDER will only modify or cancel orders prior to delivery of the goods to the CARRIER, as outlined in the next clause.
4. SHIPPING, DELIVERY, AND INSPECTION OF GOODS
Delays in shipping due to force majeure or unforeseen events not attributable to the PROVIDER, such as (by way of example) floods, earthquakes, tsunamis, power outages or any necessary supply for the activity, political instability, riots, uprisings, or war declarations, will not result in any liability for the PROVIDER.
The shipping and delivery of goods will be carried out by a CARRIER company, whose choice, unless otherwise agreed in specific conditions, will be made by the CLIENT before confirming the order among those offered by the PROVIDER. Once the goods are delivered to the CARRIER, the PROVIDER is completely exempt from any liability not attributable to them for land, sea, or air transport, both nationally and internationally, of the goods.
Shipping and transportation costs to the location indicated by the CLIENT will be borne by the CLIENT, unless otherwise agreed (excluding in any case the taxes and fees corresponding to the CLIENT).
The parties may also agree on the collection of goods at the PROVIDER's facilities, an agreement that must be in writing in the order and will exempt the PROVIDER, as already indicated, from any responsibility regarding the transportation of the goods.
The delivery of goods will be made by the CARRIER on the agreed date and place in the respective purchase orders, unless, for justified reasons, the PROVIDER cannot deliver the goods to the CARRIER under the agreed conditions.
Delivery on a different date due to reasons not attributable to the PROVIDER will not be considered a delay.
The CLIENT is obliged to receive the correctly shipped goods. In case of refusal to receive the goods, it will be considered a fundamental breach of the contract. The PROVIDER, informing the CLIENT of the lack of receipt, will give a period of 5 business days to arrange a new shipment, and if this occurs, the CLIENT will bear the transportation and storage costs and any others that may have been caused by the initial failure to receive the order. In case of continued refusal to receive the correctly accepted order, the PROVIDER is authorized to take ownership of the goods, resulting in a penalty of 20% of the order price, plus the full costs of the second failed shipment. In the case of customized goods, the full cost of the goods must be paid, plus the costs of the second shipment and all those incurred by the PROVIDER for their destruction.
The PROVIDER will deliver the goods adequately packaged, being the responsibility of the CARRIER to ensure they arrive at their destination under the agreed conditions. In case of defects or damage to the packaging, or any incident
5. BILLING AND PAYMENT
Prices indicated in the orders will be fixed and not subject to review, unless a material error by the PROVIDER is proven, in accordance with Clause 2 of these Terms.
Prices exclude applicable VAT, customs duties, and special taxes unless otherwise stated on the website or during the purchase process.
The PROVIDER will issue an invoice for each delivery, indicating the order number and product details.
Generally, payment must be made before dispatch and at the time of order confirmation, using any payment method available on the PROVIDER’s platform.
6. RETURNS AND WARRANTY OF GOODS
If the CLIENT is a consumer, they may exercise their right of withdrawal as per law, and return goods without justification within 14 days of receipt, provided the items have not been opened, used, or damaged. The PROVIDER will refund the product price within 30 days. Return shipping costs will be borne by the CLIENT. After this period, only legal warranty-covered durable products may be returned.
The PROVIDER guarantees its durable products against defects in material and workmanship. Under normal use, they must be defect-free during the warranty period. Otherwise, the PROVIDER will repair or replace them at its discretion.
If a product proves defective due to the PROVIDER, it will be repaired or replaced at the PROVIDER's cost. Replaced products become property of the PROVIDER. Replacements may be new or refurbished.
Items returned under a warranty claim not meeting return terms will be held until the CLIENT pays the shipping and, if applicable, repair costs.
Warranty for products with limited life use will last their estimated lifespan. Consumables are excluded from legal warranty.
To initiate a warranty claim, the CLIENT may contact the PROVIDER through the contact form at: www.bomboeliquids.com → CUSTOMER SERVICE → CONTACT US.
Products that do not meet expectations or have clear manufacturing defects must be sent to:
BOMBO eLIQUIDS
Av. de la Riera
08960 - Sant Just Desvern (Barcelona)
Tel: (+34) 937 822 242
Shipping costs will be reimbursed only if technical review confirms a manufacturing defect. This does not apply if misuse or negligence is found.
Warranty exclusions include:
7. PROMOTIONAL AND ADVERTISING CAMPAIGNS
The PROVIDER may allocate gifts or product units for promotional use, which may not be sold or transferred to professionals by the CLIENT.
The PROVIDER may temporarily or permanently supply promotional display materials (stands, tables, etc.), branded or not, with the express prohibition to use them to sell non-PROVIDER products or transfer them to third parties.
Any breach will entitle the PROVIDER to claim €1,500 in compensation and require the immediate end of the violation.
8. TAXES
All applicable taxes shall be borne by the CLIENT. The CLIENT must provide all documentation or information required by the PROVIDER for correct tax settlement and invoice issuance, and will be liable for any damages caused by noncompliance.
9. DURATION
These General Conditions shall govern all sales or supply operations between the parties until new or modified ones are established.
10. LIABILITY TO THIRD PARTIES AND END CONSUMERS
The PROVIDER is not liable for damage caused to third parties or consumers due to improper use of supplied goods. Where required, products will include instruction manuals with permitted uses and safety guidance.
If no manual is necessary, this information will be on the label.
Professional CLIENTS must provide the manual to the end consumer. Failure to do so exempts the PROVIDER from any resulting liability.
The PROVIDER is also not liable for regulatory violations committed by the CLIENT or consumers. It is the CLIENT’s responsibility to inform end users about legal restrictions and approved uses.
If the CLIENT exports goods, they are solely responsible for complying with applicable laws in the destination country and shall hold the PROVIDER harmless.
If legal changes render a product non-compliant, the CLIENT must withdraw it from the market and inform the PROVIDER.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The PROVIDER is an authorized distributor of the trademarks and intellectual/industrial rights of the products supplied. The CLIENT may not use these trademarks without the PROVIDER’s express written consent.
12. CONTRACTUAL ASSIGNMENT
The CLIENT may not assign their contractual rights and obligations to third parties without prior written consent from the PROVIDER.
The PROVIDER may assign rights and obligations to another company in its group without the CLIENT’s prior consent.
13. CONFIDENTIALITY AND DATA PROTECTION
In compliance with Organic Law 3/2018 and EU Regulation 2016/679, personal data provided by the CLIENT will be included in the "CLIENTS" file for managing the contractual relationship, orders, and payments.
The PROVIDER commits to processing this data confidentially and not using it for purposes other than those stated. The data will be kept secure and protected.
The PROVIDER will maintain confidentiality even after the end of the contractual relationship. The CLIENT authorizes data retention for five years after contract termination.
The CLIENT may exercise their rights of access, rectification, deletion, restriction, portability, and opposition by contacting:
VAPERS EXPERIENCE, S.L.
Av. de la Riera, nº 10
08960 Sant Just Desvern (Barcelona, Spain)
or through the contact section at www.bomboeliquids.com.
The CLIENT may not disclose any information obtained through these Terms or the commercial relationship. Any disclosure causing damage will make them liable.
No party may share confidential information without written consent unless required by law or competent authority.
14. TERMINATION CAUSES
The commercial relationship may be terminated upon breach of any provision herein, especially in the following cases:
-
Repeated refusal by the CLIENT to accept goods under agreed terms.
-
Clear financial insolvency or formal notice of restructuring or bankruptcy proceedings.
-
Bankruptcy declaration by judicial order.
-
Payment default by the CLIENT.
-
Breach of intellectual property obligations by the CLIENT.
-
Mutual agreement of the parties.
15. BREACHES
The PROVIDER is exempt from liability in cases of force majeure preventing order fulfillment.
If the CLIENT breaches specific order terms, the PROVIDER may demand compliance or compensation for damages.
In case of non-payment, late payment interest will apply as per Law 3/2004. If payments were agreed in installments, failure to meet any of them gives the PROVIDER the right to demand full payment plus interest and fees.
In the event of breach, the CLIENT will cover any recovery or enforcement costs, including expert, legal, or court fees.
The CLIENT cannot terminate the contract without prior written notice of the breach and a 10-business-day period for the PROVIDER to remedy it.
16. NOTIFICATIONS
All notifications required by these Terms must be sent to:
BOMBO eLIQUIDS
Av. de la Riera
08960 - Sant Just Desvern (Barcelona)
Tel: (+34) 937 822 242
Email: info@vaperalia.es
The CLIENT must provide an email and postal address for notifications in the order or specific conditions.
17. ADDITIONAL PROVISIONS
If any clause is deemed null or unenforceable, the remaining clauses remain in effect. The parties agree to replace invalid clauses with valid ones achieving the intended result.
The PROVIDER's failure to enforce a clause does not constitute a waiver of rights.
These Conditions are the complete and final agreement between the parties. The CLIENT declares full understanding and acknowledges no external representations were relied upon.
18. APPLICABLE LAW AND JURISDICTION
Any matters not covered herein shall be governed by the Spanish Commercial Code and, subsidiarily, the Civil Code. For consumer transactions, the applicable consumer protection laws will apply.
Any disputes will be submitted to the exclusive jurisdiction of the courts of Valencia, Spain. The PROVIDER and the CLIENT expressly waive any other jurisdiction.
If the CLIENT is a consumer, applicable consumer rights laws shall prevail.
