Brokinez logo and name no background

1. Identification of the holder and general information

BROKINEZ is the commercial name of the company BROKINEZ, S.L. These Terms and Conditions govern the access to and use of the web site https://www.brokinez.com/ (hereinafter, the Web Site), held by BROKINEZ, S.L. (hereinafter, BROKINEZ), with Spanish Tax I.D. B88484746 and corporate address in Calle Núñez de Balboa 120, Bajo, 28006, Madrid, Spain, as well as the products and services offered by BROKINEZ on its Web Site.

BROKINEZ offers this Web Site subject to the present Terms and Conditions. By visiting the Web Site or using the services or applications in the Web Site, the User accepts these Terms and Conditions.

Users are not required to register in order to enter the Web Site. However, to contract any of the services offered by BROKINEZ, Users must register and accept these terms and conditions before making any payment.

Through its Web Site, BROKINEZ offers the Users hand fans of the brand BROKINEZ.

The Terms and Conditions found below define the rights and obligations of BROKINEZ and the Users within the framework of the Web Site. These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice to certain services being subject to specific terms and conditions) and to the placing of orders through the Web Site and replace any other terms and conditions, save by prior written agreement between BROKINEZ and the User.

2. User data and conduct on the Web Site

In order to acquire the products offered on the Web Site, the User will need to register by filling in the registration form available on the Web Site.

The User shall be responsible for keeping the confidentiality of the data and information provided and for limiting the access to his or her computer and access keys in order to prevent any non-authorized uses.

If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform BROKINEZ immediately.

The User shall verify that his or her data are correct and inform BROKINEZ in case of a variation and/or amendment in the information provided during the purchasing process.

3. Orders and terms of sale

The purpose of the offering of products and services through BROKINEZ’ Web Site is the purchase of hand fans of the brand BROKINEZ by the Users.

Only Users over 18 years of age may place an order with BROKINEZ.

To place any orders through the Web Site, the User must previously fill in a purchase form. The data included in said purchase form are necessary to manage your purchase order.

4. Price, means of payment and discount codes

Upon completion of the form, the User shall pay the order using the means of payment specified on the Web Site.

Once the payment has been made, the User will receive an email confirming the order. This email will include a summary of the articles acquired, the type of delivery requested and the address for delivery.

If there is any problem at the time of payment which prevents same, the User will receive an automatic message indicating the existence of a payment error. Your order will not be processed until full completion of the payment.

The prices of the services are stated in Euros (€) and include taxes and handling and delivery expenses, the amount of which shall be specified at the time of final confirmation of each order.

BROKINEZ may offer discount codes to its Users from time to time. Said discounts may only be applied as per the instructions specified by BROKINEZ for each code and, in any event, only one code may be used per order.

The use of the discounts codes are not available with some promotional campaigns and collections.

Market Place Brokinez Promotion

Only the models of the different brands which appear on the brokinez.com website will be valid for this promotion.

5. Information about the products and services provided by BROKINEZ

The data included on the Web Site in each description of the products and services, with their photographs, graphic or iconographic depictions or videos, as well as their trade names, trademarks or distinctive signs of any description, have mere information purposes. Therefore, BROKINEZ waives any liability resulting from errors in said information, but undertakes to make its best efforts to correct the said errors or omissions as soon as possible after being informed thereof.

6. Return of defective product and right to waiver.

6.1 Returns due to manufacturing defects.

Customers will be able to return any product to BROKINEZ, without any cost, that is defective or that does not comply with the description made during a period of sixty (60) days from the date in which the product was received. Taking into account the nature of the products purchased, the customer will have a period of thirty (30) days from the date of knowledge of the product defect to communicate it to BROKINEZ through the CONTACT channel set up for this purpose, indicating the defective product or products, attaching photographs and other evidence showing the defects of the products, as well as a detailed list of the defects found, the purchase order and any other additional documentation that identifies the purchase made by the customer.

Once BROKINEZ has received communication from the customer and has analyzed the issue through its Quality Department, we will notify you as soon as possible whether or not the product can be returned, objectively addressing the nature of the product or the nature of the alleged defect. If the return is deemed necessary, BROKINEZ will notify the customer on how to send the defective product to their warehouses. The address is as follows: calle Núñez de Balboa 120, Bajo, 28006, Madrid, Spain.

However, BROKINEZ will not, in any case, be responsible for products that are returned without having been processed by the customer following the procedure detailed above.

Each product to be returned must be unused or, if the defect is found after normal daily use, in the best possible condition, and must be returned together with all its labels, packaging and -where appropriate-, documentation and original accessory items that came with it. If this is not carried out correctly by the customer, BROKINEZ and, in particular, its Quality Department, will have to objectively evaluate the issue determining if the product is defective taking into account its nature and the nature of the supposed defect.

BROKINEZ advises the customer that, due to the features of the products, general repairs cannot be carried out because it would be considered unreasonable. In the event that the features of the specific product and its defect is possible to repair, the customer will be informed of this circumstance as soon as possible, giving them the possibility of choosing between replacement or repair.

In line with the above stated, the customer may replace the defective product with another of identical features, not involving any additional cost to replace the product. If it is not possible to replace the defective product with another of identical features, you will be offered the possibility of choosing a new similar model.

The delivery of the product of identical features or of the new model that the customer has chosen, according to correspondence, will be carried out within three (3) to seven (7) business days from the date in which BROKINEZ will confirm to the customer the replacement of the defective product or the shipment of the new model.

In the event that the repair of the product could not be carried out and the replacement of the product was not in accordance with the contract, the customer may choose to terminate the contract. BROKINEZ advises customers that the processing period of the refund of the amounts paid will depend on the method of payment that the customer would have used when purchasing the product:

  • If the customer has made payment by credit/debit card, BROKINEZ will refund the amount paid within fourteen (14) calendar days after the customer has decided to terminate the contract.
  • If the customer has made payment via PayPal, BROKINEZ will refund the amount paid within twenty-four (24)-forty-eight (48) business hours after the customer has decided to terminate the contract.

 

6.2 Right to waiver.

The customer will have the right to cancel the order placed at a distance without giving any reason, during a period of fourteen (14) calendar days from receiving the product. The customer may send the entire order or, if preferred, may send any of the products that make up the total order, all without penalty and without needing to provide reason.

The customer shall bear the direct cost of the return to BROKINEZ, whether you return the order in full or decide to return only some of the products in the order.

To initiate the return, you must contact BROKINEZ at https://brokinez.com/pages/contact. Once this communication has been received, BROKINEZ will indicate how to send the order to its offices or warehouses.

The customer must send the product to the following BROKINEZ offices/warehouses:

Office in Spain​: Calle Núñez de Balboa 120, Bajo, 28006, Madrid, Spain.

BROKINEZ is not responsible for the courier company that the customer chooses to use for the return of the order. In this sense, BROKINEZ recommends that the customer requires the courier company to provide proof of delivery once the courier has delivered the product in BROKINEZ offices, so that the customer is made aware that the product has been delivered successfully to BROKINEZ. BROKINEZ is not responsible for the address from which the customer sends the order for return if it is different from that of which has been previously indicated. BROKINEZ will be able to solicit to the customer the shipment of the above-mentioned proof of delivery to the effects of confirming the same one.

The costs of returning the order (e.g. shipping costs via courier companies) will be paid for directly by the customer.

The product must be in perfect condition and with all its labels, packaging and -where appropriate-, documentation and original accessories that came with it. If the customer do not proceed in this way or if the product has suffered any damage, the customer accepts that the product may suffer a depreciation or that BROKINEZ may reject the exercise of the right to a cancellation by the customer.

Once BROKINEZ verifies that the order is in optimal conditions, BROKINEZ will proceed to return the total of the amounts paid by the customer.

If the customer decides to return the order in full, BROKINEZ will refund to the customer the full amount paid (including shipping costs related to the delivery of BROKINEZ to the customer).

If the customer only wishes to return one or some of the products that were part of the order, BROKINEZ will not be able to refund the shipping costs that the customer has paid for the entire order.

BROKINEZ advises its customers that the processing period of the refund of the amounts paid will depend on the method of payment that the customer would have used at the time of purchasing the product:

  • If the customer has made payment by credit/debit card, BROKINEZ will refund the amount paid within fourteen (14) calendar days after the customer has decided to terminate the contract.
  • If the customer has made payment through PAYPAL, BROKINEZ will refund the amount paid within twenty-four (24)-forty-eight (48) business hours from when the customer decided to terminate the contract.

In any case, BROKINEZ will return the amounts paid as soon as possible and within fourteen (14) calendar days following the date on which the customer has indicated their decision to termiante the contract.

In the case of promotions applicable to the purchase of independent articles that include an additional product, or any other promotion that involves the delivery of an extra product free of charge or at a reduced price, if the customer decides to apply their right to a refund on their purchase, this right will have effects on the set of products provided as part of the promotion.

7. Product Exhange Policy

BROKINEZ does not support the exchange between a product purchased by the customer for another product that is offered on the Website.

If the customer wants to make an exchange of a product, they must exercise their right to a refund as described in clause 6.2 and then order and purchase the new product they would like.

8. Use of the Web Site

The Web Site may not be used for unlawful purposes or purposes related to crimes or illegal activities of any type.

It is also forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials or any materials which may entail an infringement of copyright, registered trademarks or confidentiality, privacy or any other rights, or which may be slanderous or offending in any other way to third parties, or the content of which may contain computer viruses, political propaganda, advertising, chain messages, the massive sending of mail or any other form of spam and, in general, any other type of nuisance or unnecessary element.

The User undertakes to make a lawful, diligent, honest and correct use of any information or contents which he or she may gain access to through the Web Site or through third party web sites he or she may enter through the links located on the Web Site, and abide at all times by the principles of good faith and compliance with applicable law and with the present Terms and Conditions.

The User may only use for personal purposes any information (that is, any messages, sound files, photographs, drawings, software and, in general, any description or type of computer file, chart, etc.) on the Web Site.

Likewise, the User undertakes not to cause malicious or intentional damage which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses which may lead to non-authorized alterations of the contents or systems which form the Web Site.

BROKINEZ, at its discretion, reserves the right to refuse access to the Web Site, or to cancel orders to those Users that make an unlawful use of the contents and/or break any of the conditions that are setting out in this document.

9. Intellectual or Industrial Property

The intellectual property rights in the page https://www.brokinez.com/ and its source code, design, navigation structures and various elements therein are the property of BROKINEZ, which holds the exclusive right to exploit same in any form and, particularly, the right to reproduce, distribute, communicate publicly and transform same, in accordance with Spanish and European Law applicable.

BROKINEZ hereby informs that this is not a license or express or implicit authorization to use the intellectual and/or industrial rights or any other related right or property which may be directly or indirectly related with the contents included in the Web Site. The reproduction in whole or in part of any of the contents of the Web Site, even through a hyperlink, without the express written consent of BROKINEZ, is strictly prohibited. The non-authorized use of said contents shall give rise to the liabilities established by law.

10. Hyperlinks

The Hyperlinks included in this Web Site may lead to third-party sites. BROKINEZ accepts no responsibility for the content, information or services which may appear in said sites. Said information or services which shall be deemed to have been offered by BROKINEZ for mere information purposes, which entails no relation, acceptance or support thereof by BROKINEZ or the persons or entities which own said content or are the holders of the sites in which it appears.

11. Partial nullity

Should any Clause in the present Terms and Conditions be declared null and void, the rest of the Clauses shall remain in full force and shall be construed in accordance with the spirit of these Terms and Conditions.

12. Amendments

The information appearing on this Web Site is that applicable on the date of the latest update thereof. BROKINEZ reserves the right to update, amend or eliminate the information from this Web Site and to amend unilaterally the present Terms and Conditions, its privacy policy and any other information. Any amendments in said terms and conditions shall enter into force at the time of publication thereof on this Web Site.

13. Notices

All communications between BROKINEZ and the User regarding the placing of orders through the Web Site shall be made in writing pursuant to the communication procedures set forth in these Terms and Conditions for each particular case.

14. Language

BROKINEZ may translate these Terms and Conditions, its Privacy Policy and any other operational rules, policies or procedures published on the Web Site. In case of conflict the Spanish version will prevail.

15. Ethics Policy on providers

As a prestigious and reliable company, committed to the objective of providing high quality products to users, BROKINEZ recognizes its obligation to ensure that providers act ethically. We expect our suppliers provide regularly an environment that protects the health and safety of employees in addition to their basic human rights.

All providers must comply with national laws and regulations on employment, in particular with regard to the following:

  • Minimum working age
  • Employment freely chosen
  • Health and safety
  • Freedom of association and right to collective bargaining
  • Absence of discrimination
  • Absence of painful or inhuman treatment
  • Work Schedule
  • Wages
  • Working conditions

BROKINEZ will never consciously acquire supplies from countries that do not comply with the above principles. We also expect our suppliers follow these principles in dealing with their own providers. Due to the nature of the supply chain of our suppliers is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as BROKINEZ continues to grow, recognizes the importance of acting by taking the initiative and doing everything possible to defend the rights of people involved in the manufacture of its products.

16. Applicable law and jurisdiction

The present General Terms and Conditions are subject to Spanish law. The parties, under Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defence of Consumers and Users (Ley general para la defensa de los consumidores y usuarios), will be subject to the Courts and Tribunals of the place of residence of the User.

Likewise, by virtue of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer, BROKINEZ informs that, in case of dispute, the User resident of European Union may attend to the Online Dispute Resolution Platform (ODR) that the European Commission has developed in order to solve any dispute arising from the services provided by BROKINEZ.

To access to the ODR Platform you can visit the next link http://ec.europa.eu/consumers/odr/

In any case, please note that BROKINEZ put at your disposal a Claimant Form by which the User can formulate a claim in relation with the services provided by BROKINEZ.