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Terms and Conditions of Sale

I.- General Information: Identification and contact.

1) Identification data:

The ownership of the Website www.BUFANATIC.com (hereinafter, “BUFANATIC”) is held by DISMA MANAGEMENT S.A., with tax identification number A-78417698, providing electronic sales services via the Internet on this textile merchandise Sales Website.

2) Contact details / Customer Service:

Telephone:

Email: web@bufanatic.com

Postal address: Calle Cronos, 8 3º 28037 Madrid, Spain

Any communication regarding issues/claims may be carried out by the Client/Consumer via the postal address, email and/or telephone indicated in the previous paragraph, or, where applicable, through the contact sections of the Website www.bufanatic.com enabled for such purposes.

II. Purpose, object and scope of application of the General Terms and Conditions of Sale.

These General Terms and Conditions of Sale, which are available in Spanish, shall regulate the conditions governing the sale of products (hereinafter “Conditions”), from the website www.bufanatic.com constituting the framework contract that all Users are obliged to know and accept as established by Spanish regulations.

The activity “}]that BUFANATIC carries out through the website comprises the sale of various textile products and accessories, with potential customers being those to whom orders can be delivered within Spanish territory.

The use by the Client / Registered Consumer on the website of www.bufanatic.com, the online store’s services, shall, in any case, signify adherence to the General Terms and Conditions of Sale, within the terms published by BUFANATIC from the moment of purchase. Therefore, it is advisable for the Client / Consumer to read these Conditions before proceeding with a purchase. If you do not agree with any part of the terms, you must not use the services of this website.

At the same time, the Client / Consumer is informed that these conditions may be modified, totally or partially, at any time.  Any modifications made will not, in any case, affect purchases made prior to the approval of said modifications, which will in all cases be governed by the General Conditions in force at the time of making those other purchases. BUFANATIC reserves this right, with the new conditions agreed upon being applicable from the moment of their publication on the Website. The User is responsible for consulting them every time they use the online store services of BUFANATIC, as those in force at the time the product acquisition is requested will be applicable.

These General Conditions may be supplemented or modified by specific clauses or particular conditions for certain products. Please carefully review the product information to learn about such particular conditions.

The electronic document in which the Contract is formalised “}]will be archived by BUFANATIC, and may be consulted through its website upon prior authentication with your username and password or the means established in each case. A paper copy may be requested through the Customer Service channels provided for in these General Terms and Conditions of Purchase.

III. Purchase Process.

The Client / Consumer may purchase one or more items offered on the website www.BUFANATIC.com. This sales channel is restricted to consumers or end recipients of the products.

Thus, the purchase process consists of the following steps.

1.- User Registration.

To facilitate the electronic purchase process and to avoid asking customers for the same details every time a new purchase is made, the option to Register as a Website User is offered.

This User Registration can be carried out either from the website home page, by clicking on “Log In” at the top left, or once the summary of the products added to the Shopping Cart is displayed. At this stage, the system determines whether the Client / Consumer already has a Username and password, or if, in the case that it is their first time purchasing through our portal, access is provided so they may proceed to Register.

Upon completion of the registration process, you will receive an email at the address provided confirming that the Registration process has been completed successfully.

In this way, they will be able to access the registered users section with their username and password or the means that, in each case, “enables BUFANATIC to authenticate users. Associated with your User registration, BUFANATIC may use cookies or other similar means to record your browsing preferences and identify you when you connect from the same device.

Through User Registration, you can access your purchase history, consult and edit your Registration details, shipping address, billing address, and other procedures and management related to your purchases.

Registering as a User of BUFANATIC is free and is not subject to any condition or consideration. You may unsubscribe as a user at any time by sending an email to web@bufanatic.com

2.- Guest Order (Purchase without Registration).

From the BUFANATIC website, Customers are also offered the possibility that, once they have added the selected product from the Catalogue they wish to buy to the Cart, they can proceed with the purchase process without the need to Register as a User, by filling in the various mandatory fields of a questionnaire called the “ Express Form”, whereby the purchase process is continued.

3.- Procedure.

Product selection: The customer/Consumer will browse the content of our catalogue located on the website and press the “Add to cart” button every time they wish to add a new product to their shopping list. THE shopping cart contains the product name, quantity, and its price in euros. If, while viewing the shopping cart summary, more products are to be added to it, the Customer/Consumer must click the “Continue Shopping” box, which will direct us back to the catalogue of “}]}]products.

Start of the checkout process: once the Customer/Consumer has filled their cart, we must proceed by clicking the CHECKOUT button. At this point, a summary is provided of those products added to the cart, their quantity, stock availability, unit price including VAT, shipping costs (if applicable), and the final product total.

It is at this moment when, once again, the Customer/Consumer is given the possibility to complete the purchase as indicated in points 1 and 2 above (either via User Registration or via the Guest Order form).

Having reached this point, every Customer/Consumer of BUFANATIC may benefit from discount coupons and/or promotions on their invoice, should the customer have obtained them through previous purchases on this same site or through temporary website promotions.  Such possible discounts and/or promotions will be freely directed to the groups designated at any time by BUFANATIC, or based on the product being offered.

Data verification: Prior to selecting their preferred payment method, the Customer/Consumer may verify the purchase details, as well as shipping and billing information, and, if necessary, correct any errors made during data entry. On this screen, the Customer/Consumer also has the option to send any comments regarding the order they are processing.

It is at this moment, when the Customer/Consumer is about to proceed with the checkout process, that they can consult the website’s general terms and conditions of sale. It is necessary to consult and, where applicable, accept these general terms and conditions of sale to proceed with the purchase process.

Payment method selection:  The Customer/Consumer shall select their preferred payment method from the available options, at which point the system will redirect you to the chosen payment gateway where you must provide all the necessary details for said payment method. This will be the only time this information is requested.

Once you have provided all the necessary details and pressed the purchase confirmation button, the contract shall be considered legally binding for all purposes.

Purchase Confirmation: Once acceptance has been received from the Customer/Consumer,  BUFANATIC will issue an email to the address provided in the forms:

Regardless of the payment method, the registration/purchase information provided by the User in the billing and/or shipping documents must be accurate, complete, and up to date at all times. Failure to do so will constitute a violation of the terms, which may result in the cancellation of the order.

4) Information Regarding the Product Offered to the Customer/User:

Across the various sections of the website, there is a complete catalogue of the products offered to the Customer/ by BUFANATIC “]}]Consumer, which includes all basic data: the product name, its price, and its availability at the time of purchase.

Once you click on the product image from BUFANATIC , the product name, its availability, its reference, its condition, the product description, and its price are indicated.  BUFANATIC has made its best efforts to ensure that the representation of product images on the website is as faithful to reality as possible. Notwithstanding the above, certain characteristics, such as colours or texture, may not be correctly appreciated from the images or may undergo variations depending on your monitor conditions.

The Client/User acknowledges being aware of each and every particularity of the product at the time the purchase is made.

5) Order Acceptance

From the moment the User accepts the order, they acquire the status of Client of BUFANATIC.

Once the purchase has been made by the User and the payment for the order has been completed,  BUFANATIC will inform them of the confirmation of their order via e-mail, as indicated above, within the shortest possible timeframe.  The Client may, if they wish, obtain a copy of the General Terms and Conditions of Purchase in force through the various contact methods provided above, as well as those appearing on the  BUFANATIC  website (mobile phone number, email, postal address), request the modification of the data contained in the order confirmation, or request the cancellation of the order.

The validation of the order by the Client expressly implies the “}]}knowledge and acceptance of these specific contracting conditions as part of the execution of the contract.

Unless proven otherwise, the data recorded by BUFANATIC (communications, purchase orders, and payments) shall constitute proof of all transactions carried out between BUFANATIC and the Client/User, which may therefore be archived and stored in the computerised records of BUFANATIC, respecting, in all cases, reasonable security conditions and current laws and regulations applicable in this regard, particularly regarding current data protection regulations and the rights granted to Clients in accordance with this Website’s privacy policy.

6.- Product Availability

From BUFANATIC the Client/Consumer is informed that all orders are subject to the availability of products in the shop’s stock.

Stock confirmation for products will be subject to final confirmation by BUFANATIC which will initially reflect it alongside each offered product, with the quantity available at the time the purchase is made by the Client/Consumer.

In the event of difficulties regarding product supply, or should products run out of stock, at BUFANATIC we will contact you to offer the following solutions:

IV.- Prices.

1.- Pricing Policy

Product prices (expressed in euros) are those indicated at any given time in the online store of the website of BUFANATIC, reserving the right at any time and unilaterally to modify the prices of the products offered through the Website.

From BUFANATIC, please be informed that, automatically on its website, the following order pricing policies are available:

Occasionally, BUFANATIC may offer promotions or discounts at no additional cost to the customer/consumer. In these cases, the enjoyment of said benefits will be subject to compliance with the terms of the promotion in question. Discounts or promotional codes cannot be combined, so, in the event that there are several promotions at the same time, the customer/consumer will choose only one discount or promotion from all the possibilities.

For shipments made to the Canary Islands, Ceuta and Melilla, VAT will not apply nor will the “}]}taxes that are exempt in different territories. Customs duties and other additional fees for the territory will be the responsibility of the buyer and shall in no case be claimed from BUFANATIC nor will they be responsible for them.

Any potential price changes and/or discounts carried out by BUFANATIC will not affect any orders or purchases where the Customer/Consumer has already received order confirmation, in order to guarantee the Customer security and certainty regarding the price of the products they have already purchased.

Notwithstanding the above, if it is detected that an error occurred in the entry of a product price after receipt of an order, from BUFANATIC we will contact the Customer/Consumer as soon as possible to inform them of the issue and offer them the option to cancel the order or maintain it under the correct conditions.

The sending of an automatic confirmation does not validate incorrect price conditions. In the event of cancellation, any amount paid will be refunded. Without express agreement to the correct price conditions, the order will be considered cancelled and all amounts paid will be fully refunded.

2.- Product Price.

The prices applicable to each product are those indicated both at the date of the order and those appearing in the online store catalogue on the website, including VAT.

The applicable VAT rate for transactions carried out within Spanish territory will be the one legally in force at any given time, depending on the specific article concerned.

The amount of “shipping costs”]}]shipping (if applicable) is itemised for the customer at the time the order is placed, as is the applicable VAT amount, both of which can be reviewed on the website during the process and before the User confirms the order.

Following acceptance of these general terms and conditions of sale, any Customer of BUFANATIC may benefit from discount coupons and/or promotions on their invoice, provided the customer has obtained them through previous purchases at BUFANATIC. Such potential discounts and/or promotions will be freely directed to the groups designated from time to time by BUFANATIC, or based on the specific product offered.

3.- Acceptance of electronic invoice delivery.

At BUFANATIC, we commit to sending the Customer documentary proof of payment, via receipt or electronic invoice as appropriate, within a maximum period of 72 hours from the order confirmation, sent to the email address provided by the Customer during the purchase process.

In our case, Customers/Consumers who are Registered as users on the website will have all documents related to the various orders processed through our site available to them by entering their Username and Password.

In cases where customers/Consumers place orders as guests, the invoice will be sent within 72 hours of order confirmation, as indicated above.

Should the Customer wish to receive the invoice in paper format, they must send a communication to the following email address: web@bufanatic.com.  In which case, “}]from BUFANATIC will send the paper invoice to the Customer by post at no additional cost.

The invoice will be issued in the name of the natural or legal person who places the order, so the Customer must ensure the order is placed under the correct name. No subsequent changes will be possible. BUFANATIC warns that, for personal data protection reasons, duplicate invoices will only be issued to the contract holder, and no duplicates will be issued to third parties.

V.- Order Delivery. Locations, deadlines and methods of delivery

Order delivery will always take place on business days during business hours, via a courier service contracted by BUFANATIC, which will physically deliver the product to the address indicated by the Customer / Consumer during the purchase process.

In any case, the identification of the buyer or the person to whom the product is addressed will be required via an official identification document, along with a signature on the delivery note.

The delivery time indicated on the Website —24 to 48 hours for urgent shipments via Nacex 24h within the peninsular territory, and 48 to 72 hours for shipments via Correos Paquete Premium— is purely indicative and does not imply any binding commitment on the part of BUFANATIC. BUFANATIC assumes no responsibility in the event of delays attributable to the transport agencies, as they are solely responsible for complying with said deadlines. The delivery period will begin to count from the day following the shipment of the order. Likewise, the preparation and handling time prior to shipping may be between 1 and 2 business days, depending on the workload and operational circumstances at the time.

Currently, BUFANATIC ships its products throughout the Spanish territory, including the Canary Islands, Balearic Islands, Ceuta, and Melilla.

If you wish to place an order outside of these territories, additional shipping costs applicable to the buyer will be charged.

If for any reason attributable to  BUFANATIC, the delivery date cannot be met, we will contact the Customer to inform them of the situation. The Customer may then choose to proceed with the purchase with a new delivery date or cancel the order for a full refund of the price paid. In any case, home deliveries are made on working days.

In cases where, at the time of delivery, the Customer/consumer is not at the location specified during the purchase process, BUFANATIC has contracted a service with the transport company providing two delivery attempts. If delivery cannot be completed after those two new attempts, we will contact the customer/consumer to take the appropriate action.

If 5 days pass since your order has been available for delivery and it has not been delivered for reasons not attributable to BUFANATIC, it will be understood that the Customer wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the Customer will be refunded once the product(s) are received by Bufanatic, without undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated, with the exception of the initial shipping cost, which will not be refunded. However, the Customer should keep in mind that transport “}]derived from a resolution for reasons not attributable to BUFANATIC may incur an additional cost which will be passed on to you. Specifically, the Customer will be charged the return shipping cost applied by the courier company to Bufanatic, an amount that may be directly deducted from the corresponding refund.

When shipping our products, BUFANATIC ships them in their original packaging in perfect condition to ensure their correct arrival at their destination. From BUFANATIC we advise you to check the condition of the package before signing the delivery note, so that, in the event of damage to the package or the goods, an appropriate claim can be made to the transport agency.

For the purposes of these Terms, the customer/Consumer acquires ownership of the products at the time of delivery of the order. Any risks derived from the products shall be the responsibility of the Customer from the moment of delivery.

VI.-Payment Methods.

The choice of payment method is made, during the purchase process, on the corresponding screen. Payment will always be 100% in advance and products will be supplied once we receive confirmation of payment.

The Customer must notify BUFANATIC of any undue or fraudulent charge occurring in the various payment methods used to make purchases, detailed below, via e-mail or telephone, as soon as possible so that BUFANATIC can proceed with the appropriate actions.

At BUFANATIC the Customer/Consumer is informed that they shall in no case be responsible for “}]from the rejection of purchase transactions resulting from the application of anti-fraud Security policies by payment method providers or issuers.

The payment methods accepted by BUFANATIC are:

1.- Bizum

This is a method for transferring money instantly and free of charge from one phone number to another.

To do this, the user simply needs to access Bizum through the application provided by their banking institution, select the person or entity they wish to transfer the money to from their contact list, enter the exact amount, and the transaction is processed automatically.

2.- Credit card and virtual POS

Our website incorporates a payment system with a virtual POS, which is an online process where the customer’s order details—such as the transaction ID, amount, and merchant name—are sent to the payment processor or POS systems. The processor then contacts the customer to request their card number, expiry date, and security verification code. Once entered, the POS contacts the card-issuing financial institution, and upon receiving or not the corresponding authorisation, informs the system implemented in our store whether the transaction has been accepted or rejected.

3.- PayPal

The option to log in with your PayPal account is enabled so that you can “}}]make the payment through the service of this payment platform during the checkout process on our website.

VII.- Customer Rights

In cases where the Customer/Consumer purchases products through the BUFANATIC Website, they are entitled to a series of rights, as listed and described below:

1) Returns / Product Exchanges:

– In the event of a return/exchange due to a flaw or defect in the product, any costs arising from the return of the product will be borne by BUFANATIC provided the product is indeed damaged/defective or the item is incorrect. The amount paid will be refunded in full, including delivery costs and any costs the Customer may have incurred to make the return.

– In the case of a voluntary return/exchange, any costs arising from the return of the product will be borne by the Customer. Under no circumstances will shipping costs or customs duties, if any, be refunded. You may send the product via the transport method of your choice or the one most economical for you. We recommend using a transport company that provides tracking for your shipment.

Once the product is received at our warehouse and its condition has been checked, we will proceed with the refund according to the payment method used by the Customer (in the event of a return request), or the shipment of the replacement product to the address provided by the Customer when placing the order (in the event of an exchange request).

The refund will be made using the same payment method that the Customer used to pay for the purchase, unless otherwise specified in “}]opposing side from the latter.

BUFANATIC reserves the right to reject returns / exchanges sent outside the specified period.

2) Right of withdrawal:

BUFANATIC informs the Client/Consumer that if at the time of delivery, the product does not match what was stipulated in the purchase order (shortage, defect, or voluntary return), the Client/Consumer will have a period of 14 calendar days from the date of receipt of the order to return it / proceed with an exchange online, provided that the product has not been unpacked, the shipping box has not been tampered with, and most importantly, it has not been used by the customer.

It is stated that any clauses that impose a penalty on the Client/Consumer for exercising their right of withdrawal or waive said right are null and void by law.

Therefore, BUFANATIC informs the customer that NO returns of their products will be processed in the event that the products have been removed from their original packaging or have been handled by the customer.

The Client acknowledges and accepts that there are exceptions to the right of withdrawal, as set out in art. 103 of the General Law for the Defence of Consumers and Users. Thus, the Client is aware that in the case of purchasing personalised products that can be put up for sale on the web portal of BUFANATIC, we would fall under one of the exceptions to the right of withdrawal, specifically the one regulated in art. 103. “c) The supply of goods made to the consumer’s specifications or clearly personalised.”

To proceed with the Client / Consumer exercising their right of “}]withdrawal,  BUFANATIC  provides you with the following withdrawal rights form (Download here)

3) Obligations and Rights of BUFANATIC in case of withdrawal: (ART. 107)

  1. i) In the event of withdrawal, BUFANATIC, shall refund the User/Customer all payments received, including initial delivery costs (if any, with the exception of costs for additional services expressly and voluntarily selected by the User/Customer on the Website during the purchase process) without undue delay and, in any event, no later than 14 calendar days from the date on which BUFANATIC is informed of the decision to withdraw by the User/Customer.
  2. ii) BUFANATIC will refund the User/Consumer using the same method of payment used for the initial purchase transaction, unless the User/Customer specifies otherwise. This refund will not incur any additional cost to the User/Customer. However, BUFANATIC may withhold said refund until the purchased products or items have been received, or until the User/Customer provides proof of their return, whichever condition is met first.

iii) BUFANATIC reserves the right to reject withdrawal requests sent by the User/Consumer outside the specified period, or in the case of items for which the right of withdrawal does not apply (art. 103 LGDCU)

4) Obligations and Responsibility of the Customer in case of Withdrawal:

  1. i) The customer/ Consumer must return the products “}]}]a BUFANATIC, without undue delay and, in any case, no later than 14 calendar days from the date on which BUFANATIC was informed of the decision to withdraw, to the address provided to the consumer.

Furthermore, the User/Consumer must return the products using or including all original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice.

  1. ii) The User/Customer acknowledges and accepts that the direct costs of the return (transport and delivery) resulting from the exercise of the right of withdrawal shall be borne by the User themselves. BUFANATIC will in no case accept returns sent cash on delivery (postage due).

iii) Additionally, the User/Customer shall be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the products.

  1. iv) The User/Consumer acknowledges and accepts awareness that there are exceptions to the right of withdrawal, as set out in art. 103 LGDCU. Thus, the User/Consumer consents that the right of withdrawal shall not apply to contracts relating to (including, but not limited to): personalised products; products that may deteriorate or expire quickly; provision of services, once the service has been fully executed and/or when execution has begun; products that are sealed for hygiene or health reasons and have been unsealed after delivery, etc.

VIII.-Warranty.

BUFANATIC guarantees the quality of the product covered, under legally established terms, for a period of two years from the date of delivery, proceeding, as appropriate, to repair, replacement, price reduction, or termination of the contract or purchase, procedures which will be free of charge for the customer/consumer. The customer must inform BUFANATIC or the representative companies and manufacturers of the products offered, of any lack of conformity within two months of becoming aware of it.

Deficiencies caused by negligence, impacts, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service when applicable, nor materials subject to wear and tear from normal use are not included.

The product warranty will lose its validity:

– If any of the data on the warranty or the proof of purchase is modified, altered, or replaced.

– If either the identification number or the guaranteed device and/or packaging itself is tampered with or repaired without the knowledge of the Customer Service of BUFANATIC or the representative companies and manufacturers of the products offered.

To use the warranty within the legally established period of two years following the delivery of the product, presenting the proof of purchase is essential. After this period, and assuming the purchased product has an additional warranty granted by the manufacturer, the duly completed warranty certificate must be presented along with the proof of purchase. The warranty only includes the replacement or repair of the product or damaged part, never its shipping or other derived costs.

To make the warranty effective, please send us an email to “}]next web address@bufanatic.com.

IX.- Disclaimer

Unless otherwise provided by law, BUFANATIC will not accept any responsibility for the following cases:

BUFANATIC applies all measures concerning providing a faithful visual representation of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to lack of screen resolution, browser issues, or others of this nature.

BUFANATIC will act with maximum diligence to make the product subject to the purchase order available to the transport company. However, it is not responsible for damages arising from transport malfunctions, especially due to causes such as strikes, road delays, and generally any others specific to the sector, resulting in delays, losses, or theft of the product.

Technical failures that, due to fortuitous causes or otherwise, prevent the normal functioning of the internet service. Lack of Website availability due to maintenance or other reasons, which prevents access to the service. On the part of BUFANATIC , all available means are employed to carry out the purchase, payment, and shipping/delivery process of the products; nonetheless, it is exempt from responsibility for causes not attributable to it, fortuitous events, or force majeure.

BUFANATIC will not be held responsible for the misuse and/or wear and tear of products used by the Customer. At the same time, BUFANATIC will not be responsible for an incorrect return made by the “}]Customer. It is the Customer’s responsibility to return the correct product.

In general, BUFANATIC shall not be held responsible for any failure or delay in performing any of its obligations, where such failure or delay is due to events beyond our reasonable control, i.e., due to force majeure, which may include, but is not limited to: I) Strikes, lockouts or other industrial action; II) Civil commotion, riot, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war; III) Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster; IV) Impossibility of using trains, ships, aircraft, motor vehicles or other means of transport, public or private; V) Impossibility of using public or private telecommunication systems; VI) Acts, decrees, legislation, regulations or restrictions by any government or public authority.

Accordingly, the obligations shall be suspended during the period in which the force majeure event continues, and BUFANATIC shall be entitled to an extension of the time for performance equal to the period during which the force majeure event continues. BUFANATIC will make all reasonable endeavours to find a solution that allows us to fulfil our obligations despite the force majeure event.

X.- Intellectual Property

Rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, text, photographs, icons, images, as well as graphic design, source code “}]}]and other software elements contained on the Website) are the property of BUFANATIC, or of the representative companies and manufacturers of the products offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation.

Without the prior, formal, and written authorisation from BUFANATIC, or where applicable, from the representative or manufacturer of the product rights holder, it is not permitted to use, copy, distribute, reproduce, transmit, or manipulate, nor any use that exceeds normal and necessary usage for visiting the page and using the offered services.

Access to the services provided does not constitute a waiver, transfer, or total or partial assignment by BUFANATIC of the rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution, or public communication regarding this content without the prior and express written authorisation from the respective rights holders, without prejudice to the right of viewing and obtaining a private security copy of such content, provided that said right is exercised according to the principles of good faith and that the intellectual and industrial property of the rights holder remains unaltered, is used without commercial purposes, and is used exclusively for the User’s personal information.

Responsibility arising from the illicit use of materials protected by third-party intellectual and industrial property rights contained on this page, or those that transgress morality, honour, privacy, or good faith, shall lie exclusively with the User, exempting in any case BUFANATIC from any liability arising from such conduct.

XI.- Communications by “written and notifications

The Customer may send notifications and/or communicate with BUFANATIC through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website. Likewise, unless otherwise stipulated, BUFANATIC may contact and/or notify the Customer via their email or at the postal address provided by them through the various forms available on the website.

XII.- Waiver

No waiver by BUFANATIC of a specific legal right or action, or the failure by BUFANATIC to demand strict compliance by the Customer with any of their obligations, shall constitute a waiver of other rights or actions derived from a contract or these Conditions, nor shall it excuse the Customer from fulfilling their obligations.

No waiver by BUFANATIC of any of these Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly established as a waiver and is formalised and communicated to the Customer in writing.

XIII.- Severability

If any of these Conditions are declared null and void by a final ruling issued by a competent authority, the remaining clauses shall remain in force, unaffected by said declaration of nullity.

XIV. Entire Agreement

These Conditions and “}]every document expressly referred to in these constitutes the entire agreement existing between the User/Consumer and BUFANATIC in relation to the object of sale and replaces any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The Client / Consumer and BUFANATIC acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

  1. Data Protection

BUFANATIC undertakes to maintain absolute secrecy regarding the personal data to which it has access in compliance with this Contract and to observe all the legal provisions contained in Regulation (EU) 2016/679, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, on Data Protection and Guarantee of Digital Rights (LOPD-gdd). In particular, BUFANATIC undertakes not to apply or use the processed personal data or those to which it has had access during the provision of the Service for a purpose other than the one set out in this Contract, nor to transfer them, even for their storage, to other persons.

The data collected by BUFANATIC will be processed for the intended purpose of contracting the services and maintaining the contractual relationship that may be established. In accordance with the current Data Protection regulations at national and European levels, BUFANATIC guarantees the “}]adoption of the necessary technical and organisational measures to ensure the confidential processing of personal data.

The Client / Consumer shall have the right to obtain confirmation as to whether or not in BUFANATIC we are processing their personal data. Likewise, they may exercise their rights of access, rectification, erasure and portability of their data, limitation and objection to its processing, withdraw the consent they have given us for the processing of their data, as well as not to be subject to decisions based solely on the automated processing of their data, where applicable, by sending a communication addressed to BUFANATIC, Calle Cronos, 8 3º 28037 Madrid, Spain, or via the email web@bufanatic.com,  with the reference “Data Protection” in both cases, including their name, surname, a copy of their ID, an address for notifications and the right they wish to exercise.

If they consider that the processing does not comply with current Data Protection regulations, they may file a complaint with the supervisory authority: Spanish Data Protection Agency (https://www.aepd.es ), especially when they have not obtained satisfaction in the exercise of their rights.

XVI.- Complaints and Claims

The Client may submit to BUFANATIC their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Terms, as well as through the various contact methods appearing on their website.

Additionally, BUFANATIC has official complaint forms available to consumers and users, which they can request from BUFANATIC at any time.at any time, using the contact details provided at the beginning of these Terms (General Information).

XVII. Applicable Law and Jurisdiction

BUFANATIC informs the customer that any disputes that may arise directly or indirectly from these General Terms and Conditions of Sale, including any matter relating to the existence, validity, or termination of the agreements covered by these General Terms and Conditions of Sale, shall be subject to the non-exclusive jurisdiction and competence of the Spanish Courts and tribunals.

These General Terms and Conditions of Sale, their interpretation, and the contractual or extra-contractual obligations derived from or related to them shall be interpreted in accordance with the Spanish legislation in force at any time, without prejudice to cases where the laws of other States may apply imperatively.

XIII. Alternative Dispute Resolution:

In the event of an online consumer dispute, the consumer may resort to an Online Dispute Resolution (ODR) system, on the ODR platform, which has jurisdiction to resolve disputes relating to contractual obligations resulting from online sales or service contracts, in accordance with Article 14.1 of EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

The consumer thus has access to a single portal where they can register their complaints and track their progress. “The platform guarantees all the steps for the resolution of the “}]disputes, from the consumer’s submission of the data subject to the claim, through communication with ADR (Alternative Dispute Resolution) entities, and concluding with the notification to the parties involved.

Access the Online Dispute Resolution platform for sales or online service contracts here. You can access this method via the website: http://ec.europa.eu/consumers/odr.