Website publication and entry into force date 01.01.2021

 

1. Subject

1.1. These general terms and conditions of sale shall apply to the purchase of “Barkmatic” brand products (hereafter the “Products”) via the e-commerce website shop barkmatic.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below. The Site, which is the property of Barkmatic Ltd., 86-90 Paul Street, London EC2A 4NE, with registered office at 1st floor, 2 Woodberry Grove, Finchley, London N12 0DR, and Company Number 10719229 (hereafter the “Owner”), is managed by Iaminweb, with registered office in C/Sant Valentí, 26 - 08302 Mataró - Barcelona, Spain, tax code ES Y6824547R, (hereafter “Iaminweb”).

1.2. IAMINWEB sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be IAMINWEB as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the “Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").

1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address [email protected]

1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only.  It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:

1. a)   no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
2. b)  the sales contract entered into by the Seller and the buyer shall be governed by Spanish law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.

1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the site registration or purchase process.

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provided chosen by the same.

 

2. Product features and availability in the various geographical areas.

2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site. The shipping service is available only to the following Countries:

Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Japan, Jersey, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, RussiaSlovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, United Kingdom, United States of America.

 

3. Product purchase procedure - Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at  [email protected]

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

 

4. Product selection and purchasing procedure

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection  is complete, in order to purchase the Products added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname, the delivery address) for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents:  after that, the Consumer, is required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box. Finally, confirm the order by pressing the "Confirm Order and issue payment" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract.  The Consumer will also be asked to select a delivery  option and a payment method from those available.  The Consumer will be prompted to provide the relevant payment data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. The purchase price will only be charged to the Consumer when the Seller sends measurements for the bespoke item.

 

5. Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order and issues payment. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below.  

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, as soon as possible, that the delivery is correct and includes all and only the purchased Products, and to immediately notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. 

 

6. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.

 

7. Payments

7.1. Payment for Products purchased on the Site shall be made when placing the order. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.

7.2. Payments for orders placed on the Site can be issued via PayPal at the conditions provided below..

7.3. When payment is by PayPal, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to PayPal. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, via the e-mail address provided by the Purchaser.

 

8. Legal guarantee of conformity of the Seller, reporting a lack of conformity and warranty

8.1. Pursuant to and for the purposes of European Directive 44/99/CE the Seller warrants to the Purchaser that the Products will be free from defects in design and material and conform to the descriptions posted on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer.  It excludes the application of any warranty in the event of misuse or improper service of the Product does not conform to that of their product instructions / warnings regarding provided by Seller.

8.2. The consumer will have the burden to examine the products in the shortest possible time and, under penalty of forfeiture under this warranty, to report any defects and non-compliance no later than 2 (two) months after the discovery, by providing to the Seller's Customer Service , by e-mail, the form properly filled, indicating the defect and / or non-compliance found as well as the documentation indicated in the form itself ( at least n. 1 (a) photograph of the product, the order confirmation sent by the Seller and the receipt).

8.3. Following the receipt of the form and accompanying documentation, the Seller will assess the defects and non-conformities reported by the consumer through the service of Barkmatic Ltd. and, after carrying out quality controls designed to verify the non-conformity of the Product, will decide at its discretion, whether to authorize the return of products providing consumer feedback via the email address provided by the applicant in the course of the registration to the Site Authorization to return the products will not in any way recognition of defects or non-compliance, the existence of which must be ascertained after return. Products that the Seller has authorized the refund will be made by the Purchaser together with a copy of the communication authorizing the return within 30 (thirty) days of notification of the defect or non-conformity to the following address: A Monaco, Iaminweb, C/Sant Valentí, 26 - 08302 Mataró - Barcelona, Spain, to the attention of the Quality Assurance Office.

8.4. In the event that the Products are defective or are effectively non-compliant, the consumer can obtain:

1. a) replace the same with other products of the same type may be available to be produced by Barkmatic Ltd, at no cost to the consumer, or, in the event that these products are not available;
2. b) the partial or full refund of the price paid, depending on the severity of the defects or discrepancies.

8.5. If the Seller is required to reimburse to the Purchaser the price paid, the refund will be made by bank transfer or, where possible, by the same means of payment used by the consumer at the time of purchase of the Product. It is the responsibility of the consumer to inform the Seller, provided via e-mail at [email protected],  with the details required to make the transfer in his favor, and to ensure that the seller is put in a position to repay the amount due.

 

9. Defective Products Liability

9.1. The conditions foreseen by EC Directive 85/374/CEE are applicable to any damages caused by defective products. The Seller, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.

 

10. Right of Withdrawal 

10.1 On the basis of unique measurements provided by each Consumer to the Seller, Barkmatic Ltd drafts a pattern or patterns, and manufactures bespoke dog coats. 

10.2 Under Article 16 of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (the “Consumer Rights Directive”), the Seller is not required to provide a right of withdrawal from the distance contract of sale for the supply of goods made to the Consumer’s specifications.  

10.3  Once the Consumer has placed and paid for an order with the Seller for a dog coat, produced to the Consumer’s specifications, the order cannot be cancelled.  The Seller is not required to issue a refund on return of the item if the Consumer has a change of mind or no longer requires the item.  Under UK and EU law, bespoke and personalised items are exempt from the cancellation rights that consumers are otherwise entitled to.

 

11. Intellectual Property Rights

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Barkmatic Ltd. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by Barkmatic Ltd., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

12. Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Barkmatic Ltd in accordance with and subject to the provisions of the Ley Orgánica de Protección de Datos Personales y Garantía 2018 (LOPD) [Data Protection and Digital Rights Guarantee Act], to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data  submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy  and read the General Conditions of Use carefully.

 

13. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by PayPal Ltd which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

 

14. Applicable law, settlements and jurisdiction

14.1. Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Spanish laws in force. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.