BANANATIME TERMS AND CONDITIONS
1. GENERAL
The general conditions of sale detailed below (hereinafter called the "Terms and Conditions"), govern to the exclusion of all other terms the contractual relations between any user of the www.bananatime.com website (hereinafter called a "Buyer" or "You") and the BO & BANANA S.L., (“Bananatime”; may be referred to as “us” and “we”) and apply to all orders placed on Bananatime’s website www.bananatime.com (the “Website”).
Bananatime reserves the right to revise the Terms and Conditions at any time.
Please note that the Terms and Conditions valid for your order is always the version of the Terms and Conditions that you have read and accepted before you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
By accessing the Website, you undertake to abide by these Terms and Conditions and by the Conditions of Use herein.
Bananatime uses the Website to offer for sale products manufactured by and/or for Bananatime or its commercial partners if any (hereinafter called the "Products") to Buyers browsing the www.bananatime.com Website.
It is hereby stated that the purchase of Products on the Website is reserved to non-trade natural persons aged 18 years or over and enjoying full legal capacity.
We may decide at our own discretion, reject any order that is abnormal in character. Any order of a Product offered for sale on the Website implies the User's full and unreserved acceptance of these General Conditions of Sale.
2. LANGUAGE
The language of the Terms and Conditions is English.
3. PLACING AN ORDER
By placing an order on the Website, you confirm that you have read the Terms and Conditions and the Privacy Policy, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order.
Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received your order confirmation e-mail.
If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag.
4. ORDER CONFIRMATION
After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
5. ACCEPTANCE AND SHIPPING CONFIRMATION
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that Bananatime does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product we will refund you the amount of the purchase.
6. PRODUCT AVAILABILITY
Bananatime shall honour your order subject to availability in our stock. Where any of the Products are unavailable in our stock, Bananatime will undertake to contact you by e-mail within a maximum of 15 days from the date of your order to inform you of the fact and to indicate to you where applicable the time within which the product could be delivered to you. You may then either maintain or cancel your order. In the event that you maintain your order, with partial delivery, you will be debited only for the amount of the products delivered as and when they become available.
7. PRODUCT IMAGES AND INFORMATION
Bananatime takes the utmost care in placing information on-line concerning the basic characteristics of the Products. Any product specifications or other descriptions are as accurate as possible, but only serve as indication and are not contractually binding. Bananatime cannot be held responsible for any such discrepancies.
8. PRICES
The prices are indicated in Euros including VAT for order placed within EU, and excluding delivery costs. The VAT is the tax applicable on Spain territory. The prices that are applied are the prices as shown on the Website at the time the order is being made. The Buyer shall be reminded of the fixed sum charged as a contribution to delivery costs, which shall be charged to him/her at the end of the order on the order summary page, in addition to the price of the products selected.
If you live outside of the European Union, you are entitled to VAT tax exemption. The shipment of the order must be to an address outside of the European Union. The final invoice will reflect this tax exemption. Please be reminded that shipments destined outside of the European Union are subject to import taxes and duty fees (DDU Deliver Duties Unpaid) based on your home country's regulations.
Shipping charges for your order (if any) are shown at the checkout stage.
9. PAYMENTS
Bananatime makes the following payment methods available to you:
9.1 Paypal
You can choose to pay with your Pay-Pal Credit or through a credit -, debit card connected to your PayPal account. For more information, visit www.paypal.com.
Please note that when paying with PayPal your shipping address needs to be your registered residence.
The amount of your order is debited when the order is confirmed, provided authorisation to debit your account has first been received from the relevant payment centres, otherwise your order cannot be registered.
Under our commitment to payment security, we wish to inform you that Bananatime performs a reliability check on the information entered when registering an order.
This step is an integral part of our determination to curb Internet payment fraud and thus protect all consumers.
Accordingly, Bananatime customer care may require you in certain cases to furnish additional information (e.g. a copy of an identity document, proof of address) to enable us to confirm your purchase and dispatch your parcel.
In this case, to assure shipment of your order within the scheduled time, we advise you to indicate a fixed-line telephone number where you can be easily contacted, and to confirm to us the information entered or send us the documents requested within the day.
9.2 IDEAL
The Buyer may also make use of iDeal. In that case, the Buyer will make immediate payment via his own bank, during the ordering process.
9.3 CREDIT CARD
The Buyer may also make use of credit card payment. BANANATIME will be entitled to check the validity of the card, to check the spending limit available for the debiting of the total amounts and to check the correctness of the Buyer's address details. BANANATIME reserves the right to refuse the purchase.
10. DELIVERY
Your order will be delivered address you indicated to us when placing your order. All our shipments to the European Union are billed including the VAT applicable in the Netherlands.
All our shipments to countries outside the European Union (including UK, Switzerland and Norway) are shipped net of VAT. Please note that the delivery charges do not include import costs that may be due when the package reaches the country of destination (DDU Deliver Duties Unpaid).
Deliveries take place from 9 am to 5 pm, Monday to Friday.
11. SHIPPING
A standard charge is made for shipping costs, according to destination.
European Union (zone 1): 2-8 working days
UK, Switzerland, Norway and Rest of the World (zone 2): 4-10 working days
An order placed on a Saturday, Sunday or public holiday will be confirmed and processed on the next ordinary working day thereafter. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability.
Where a parcel is not received within the stated time, the matter is investigated with the carrier; this may require up to 10 ordinary working days. If Bananatime fails to deliver within 30 days, you may have the right to cancel the purchase.
12. INSPECTION
The buyer will be obliged to inspect upon delivery of the products if the right products have been delivered, in the right quantity, and if the products are undamaged.
The buyer to Bananatime should mention any defects in or damage to products and/or packaging, which are or could be discovered upon delivery within 24 hours of receiving their order. The buyer must report this anomaly to Bananatime customer care by e-mail: info@bananatime.com
If such complaints are not reported within the allotted time, the products are deemed to have been received in good condition.
Bananatime reserves the right to request the Buyer to return the non-conforming or damaged Product.
In the event of abnormal or unreasonable returns, Bananatime may refuse to honour any future order.
13. RIGHTS OF WITHDRAWL AND RETURNS
13.1 WITHDRAWL
The Buyer has fourteen (14) calendar days from the date of receipt within which to return, the Products he/she has ordered to be eligible for a return. If the last day of that time limit falls on a Saturday, a Sunday or a non-worked public holiday, the time limit shall be extended to the next ordinary working day thereafter.
Please note that Bananatime only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, Bananatime then has the right to withhold such amount of the refund.
To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached.
Bananatime is not responsible for any shipments lost in transit. Therefore packages must be traceable and must require a signature upon delivery (e.g. FedEx, UPS, registered mail).
13.2 REFUND
If the above-mentioned conditions in 14.1 are fulfilled, we shall refund the amount of his/her order to the User, within fifteen (15) working days from receipt of the
Products by Bananatime.
13.3 RETURN
Items returned must be sent to us insured and unopened and be in a 'new' condition. All returns must include a copy of the invoice so we have your complete order and contact information. The shipping charge is not refunded.
Contact BANANATIME customer care by emailing info@bananatime.com, include your order number and the reason for your return. After approving the return, you will receive a pre-paid shipping label and a delivery service info.
The Product(s) must be returned in its original inner and outer packaging.
With the Product(s) must be enclosed with invoice and a confirmed email authorization for refund from Bananatime.
14. EXCHANGE
All exchanges must be authorized by email first with Bananatime.
You have fourteen (14) days to return an item for an exchange from the original delivery date. Please note that exchanges will only be offered for a different size in the exactly same item originally ordered, in accordance with the terms set forth in this section 13.
If you would like to change to a different item, a new order must be placed. All exchanges are based on stock availability. If you have exchanged a product, Bananatime will pay the shipping charges for the new product.
15. FORCE MAJEURE
Bananatime shall not be liable for non-performance of all or part of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disruption of or all-out or partial strike in, among others, the postal services and means of transport and/or communication.
Bananatime shall notify the User of any event constituting force majeure within five (5) working days of its occurrence.
The Parties hereby agree to consult as soon as possible in order to determine the ways and means for processing the order during the time for which the case of force majeure remains in being.
Beyond one (1) month of interruption by reason of force majeure, the Parties hereto shall be freed from their obligations to each other. Where applicable, Bananatime shall refund the Purchaser as soon as possible.
16. INTELLECTUAL PROPERTY RIGHTS
Intellectual property, the entire content of the Bananatime Website (including without limitation, the trademarks of Bananatime, graphics, text, photos, designs, logos, icons, images, data, videos, images, and software) is the property of Bananatime. Any reproduction or all or part of the content by any process and on any medium whatsoever requires the prior and express permission of Bananatime.
Bananatime is not authorised to give you permission to copy, display or distribute any content for which you do not possess the intellectual-property rights. Any use of such content in fraud of the rights held in it by third parties constitutes the offence of infringement, incurring severe penalties under the Dutch Intellectual Property Code.
17. COOKIES
The Website uses cookies. A cookie is a computer file stored on the hard disk of the Customer's computer. Its purpose is to report an earlier visit by the Customer to the Website. Bananatime uses cookies solely for the purpose of personalising the service offered to the Customer.
The Customer retains the option of disabling cookies using a setting on his/her Internet browser. By doing so, the Customer loses the potential to personalise the service provided by Bananatime via the Website.
18. WEB BEACONS
Some pages on the Website may contain web beacons used to count the number of visitors to the Website and/or to supply a number of indicators to Bananatime.
These Web Beacons may be used with some of our partners, particularly for the purpose of gauging and improving the Website's effectiveness.
In any event, the information obtained using these Beacons is not in any way personally identifying and is used merely to gather site-visit statistics for certain pages of the Website, for the purpose of better serving its visitors.
19. RESALE POLICY
You may purchase products on www.bananatime.com for personal use only and not for resale. By placing an order on www.bananatime.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
20. VIOLATION OF TERMS AND CONDITIONS
Bananatime reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.
21. BANANATIME RESPONSIBILITY
Bananatime’s liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will Bananatime assume any liability for indirect damages such as loss of profit or in case of force majeure such as government action or omission, new legislation, labor conflict, war or threat of war, major disruptions of public order, sabotage, extreme weather conditions, fire, explosion, natural disaster, accident or other circumstances beyond Bananatime’s control and which Bananatime could not reasonably have overcome or anticipate.
Bananatime’s liabilities to you will never exceed your total purchase amount for each order.
In case of force majeure, Bananatime’s obligations will be suspended. The contract between you and Bananatime can, in such cases, be partially or fully terminated by yourself or by Bananatime.
22. ENTIRE AGREEMENT
These Terms and Conditions and the order summary transmitted to the Buyer form the entire contract that embodies all agreements made between the parties.
23. GOVERNING LAW
Dutch law governs these Terms and Conditions of sale and the contractual relations between Bananatime and the Buyer. In the event of any dispute pertaining to these Terms and Conditions will be exclusively referred to the competent Dutch courts of law in Amsterdam, Netherlands.
24. COMPANY AND CONTACT INFORMATION
BO & BANANA S.L.
Calle del Tarrac 11, 03730, Javea, Spain
NIF (TAX NUMBER): B70827209
EORI NUMBER: ESB70827209
E-mail: info@bananatime.com