Terms and Conditions

1. INTRODUCTION

Conditions of use and purchase Bumday.club

This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.bumday.club) and the purchase of products on it (hereinafter, the "Conditions" ), whatever the application, digital medium, support or device through which it can be accessed. We ask you to carefully read these Terms, our Privacy and Cookies Policy (“Privacy and Cookies Policy”) and the Personal Data Processing Policy (together, the “Personal Data Protection Policies”) before using this page. Web. By using this website or placing an order through it, you agree to be bound by these Conditions and our Personal Data Protection Policies, so if you do not agree with all the Conditions or the Policies of Protection of Personal Data, you should not use this website.

These Conditions may be modified. It is your responsibility to read them each time you make a purchase through the website, since the conditions in force at the time of conclusion of each Contract, at the time of use of the website, will be those that apply to you. If you have any questions related to the Conditions or Personal Data Protection Policies, you can contact us through our contact methods.

The contract may be formalized, at your choice, in any of the languages ​​in which the Conditions are available on this website.

2. OUR DATA

The sale of items through this website is carried out under the name BUMDAY SAS, a company duly constituted in accordance with the laws of the Republic of Colombia, and identified with a private NIT, whose judicial notification address is in Bogotá. WhatsApp: +57 305 464 05 27 and email: bumdayclub@gmail.com

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy and the Personal Data Processing Policy. By using this website you consent to the processing, storage, transmission and/or national and international transfer of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4. USE OF OUR WEBSITE

By using this website and placing orders through it you agree to:

Yo. Use this website only to make legally valid queries or orders.

ii. Do not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.

iii. Provide us with your email address, address and/or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Personal Data Protection Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. Minors will not be able to make purchases through the website.

5. SERVICE AVAILABILITY

The items offered through this website are suitable for shipment within Colombian territory, and for countries that are available at the time of Check Out , except for those areas or zones that, due to difficulty of access, communications or considerations. similar reasons why said offer is not available.

6. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchasing procedure and click "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Additionally, we will inform you by email that the product is being shipped (the "Shipping Confirmation").

7. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service through our email (bumdayclub@gmail.com) or through our official accounts on social networks, as well as exercise the right rectification contemplated in our Personal Data Policies.

This website shows confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, this website offers details of all the items that you have added to your basket during the purchasing process, so that, before making the payment, you can modify the details of your order.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service, through our email (bumdayclub@gmail.com) or through our official accounts at social networks, to correct the error.

8. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, you must opt ​​for a garment that is available.

9. DELIVERY

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the method of selected shipping and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

At the time of processing your purchase, we will show you the shipping cost.

Possible delivery options:

Yo. Pickup at a physical point – FREE: The customer can pick up their garment wherever the product is at that moment. The person who comes to pick up the order must present their identity document. If the person who comes to pick up the product in the store is different from the person who made the purchase (the customer is solely responsible for the administration and security of their account at bumday.club), they must show their identification document and present the email with the order number.

ii. Home delivery: You can request home delivery of the product, providing the delivery address information.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Sundays or holidays.

For the purposes of these Conditions, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is will prove receipt of the order at the agreed delivery address by signing.

10. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order after three (3) attempts, we will take your order to the point defined by us. Likewise, we will leave you a note explaining where your order is and how to have it sent again. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day or time.

If 10 days have passed since your order is available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer) without any undue delay and, in any case, within a maximum period of 30 days from the date on which we consider the contract resolved. Please note that transportation resulting from the termination of the contract may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

11. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery costs, and you will be responsible for the goods from the time of delivery (as defined in clause 9 above), if this takes place at a later time.

12. PRICE AND PAYMENT

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Buying Guide - Shipping.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Once you have selected all the items you want to purchase, they will have been added to your basket and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchasing process, filling out or verifying the information requested at each step. Likewise, during the purchase process, before making payment, you can modify the details of your order. There is a detailed description of the purchasing process in the Buying Guide. Furthermore, as you are a registered user, you have a detail of all the orders placed in the My Account section.

You can use Visa, Mastercard, American Express, Diners, PSE and PayPal cards as a means of payment. Or redeem your purchases with a gift card.

By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the virtual credit card.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

13. VALUE ADDED TAX AND INVOICING

In accordance with Colombian Law, the sale of goods in Colombia is considered a taxable activity for purposes of this tax. Therefore, orders placed will be subject to the general rate of value added tax, VAT, in force at the time of purchase.

14. RETURN POLICY

14.1 Right of withdrawal

In accordance with the provisions of Article 47 of the Consumer Statute, the right of withdrawal is understood to be agreed upon. The right of withdrawal gives the consumer the possibility of terminating the contract within a maximum period of two (2) days from the date of purchase and the consumer must return the product in the same means and conditions in which he received it. The transportation costs and other costs involved in returning the goods will be covered by the client. Once the good has been returned, in the same conditions in which it was delivered, the money will be refunded within the next thirty (30) calendar days.

Goods that have been used, made according to the consumer's specifications, personalized goods and goods for personal use (such as underwear, swimwear, training tops, etc.) are exempt from the right of withdrawal.

The consumer must return the good, unused, with all its internal and external labels and in the packaging in which it was received. Returns of goods that do not meet these characteristics will not be accepted.

To exercise the right of withdrawal, you must notify BUMDAY by writing to us by email (bumdayclub@gmail.com) or on our official accounts on social networks, of your decision to withdraw from the contract through an unequivocal statement. You may use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory. To comply with the deadline for the right of withdrawal, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding deadline expires.

14.2 Consequences of exercising the right of withdrawal

If you exercise the right of withdrawal, we will return all payments received from you, excluding delivery costs, without any undue delay and, in any case, no later than 30 calendar days from the date on which we were informed. inform you of your decision to exercise your right of withdrawal. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless it is not possible, in which case, we will make the refund using the option that the consumer chooses, within the options provided by us. You will not incur any costs as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first.

You must return or deliver the products directly to us where they are located at that time, or request the return on our website through a courier/courier, chosen by the consumer, without any undue delay and, in any case, within a maximum period. of 14 calendar days from the date on which you inform us of your decision to exercise the right of withdrawal. The deadline will be considered met if you return the goods before said deadline has expired.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

In those cases in which more than one good has been acquired in the same purchase, and the right of withdrawal is not exercised on all of the goods, the purchase value paid for the returned goods will be refunded. through the same payment method used in the purchase or if this is not possible through the option that the consumer chooses (within the options provided by us). In the event that there is a second withdrawal on the same invoice, the refund will be made through a gift card or in the form of a bank transfer, at your choice.

14.3 Contractual right of withdrawal

In addition to the legally recognized right of withdrawal for consumers and users and mentioned in clause 14.1 above, we grant you a period of 30 days from the shipment of the product to make returns of the products (except for those mentioned in this clause, regarding which excludes the right of withdrawal), and provided that the products have not been used and retain their internal and external labels.

In the event that you exercise the contractual right of withdrawal after 15 days following the Shipping Confirmation, the return will be made via gift card.

14.4 Change policy

In cases where you consider that the color or size of the product purchased through www.bumday.club does not fit your needs, and without prejudice to the right of withdrawal or withdrawal that you have legally and contractually, you may request the change of size or color through email (bumdayclub@gmail.com) or through the official accounts of our social networks, within a maximum period of 3 days from receipt of the item, provided that the product has identical value and is in the same conditions in which you received it, preserving its internal labels without being used.

BUMDAY SAS will accept the exchange of items purchased through www.bumday.club, in which case you must deliver, together with the item you wish to exchange, the electronic receipt that you will have received attached to the Shipping Confirmation, which is also kept in your account. of the website, and you must present it by showing it digitally or through the screen of your mobile device or by carrying it in print.

All changes will be subject to availability.

14.5 Common provisions to the right of withdrawal and the right of withdrawal

You will not have the right to withdraw or withdraw from the contract whose purpose is the supply of any of the following products:

Yo. Customized items at customer request.

ii. Goods sealed for health or hygiene reasons that have been unsealed after delivery.

iii. Goods that have been used by the consumer or that do not retain their internal labels.

The right of withdrawal and the contractual right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the the product(s) while they are in your possession. Please return the item using or preferably including all its original packaging, instructions and other documents that may accompany it.

You can make returns at the physical location where the products are located or through a courier/Courier that must be sent to our address.

Physical returns:

You can return the products to us at the physical location where the products are located, you must go there and deliver the item, the electronic receipt that you will have received attached to the Shipping Confirmation, which is also kept in your account on the page. You can present the electronic ticket by showing it digitally through the screen of your mobile device or by taking it printed to the location.

Returns via courier/Courier:

You must contact us via email (bumdayclub@gmail.com) or through our social networks, to notify us that you will return the product. You will choose the shipping company of your preference to the address from which information and instructions will be delivered. You must deliver the merchandise preferably in the same package that you received it, following the instructions that you will find in the “RETURNS” section on this website. However, if you no longer have the original packaging, you can return your order in any other packaging, as long as it is well sealed to prevent the items from being lost.

Please note that if you decide to return the items to us through other unauthorized means we will be authorized to charge you for any costs we may incur.

After examining the item we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 30 calendar days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition comes first. The refund will be made in the same payment method that you used to pay for the purchase only when the right of withdrawal is exercised within the legal period (5 days following delivery of the product). In the event that the contractual right of withdrawal is exercised after 15 days following the Shipping Confirmation, the return will be made via gift card or in the form of bank transfer, at your choice.

In the event that there is a second withdrawal on the same invoice, we offer the following options for refunding the purchase value: gift card, or bank transfer.

You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through the chat accessible through the website or through our official social media accounts.

14.6 Returns of defective products

In cases where you consider that at the time of delivery the product does not comply with what is stipulated in the contract, you must contact us immediately, with a maximum of two (2) days from delivery. of the product, through our contact channels, providing the product data, as well as the damage it suffers.

You can return the product to the physical point notified to you, or by sending it through your preferred means.

We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement is appropriate (if applicable). The original product must be returned in the same conditions in which it was received, carrying all its internal labels and without being previously used. The replacement of the article will be carried out as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the replacement of the non-conforming article is appropriate.

In any case, the rights recognized by current legislation remain safe.

15. LEGAL GUARANTEE

If you contract as a consumer and user, we offer you a legal guarantee on the products that we sell through this website, in the terms legally established for each type of product, responding, therefore, for quality defects presented in them. The warranty term is: one (1) month for the products counted from their delivery.

It is understood that the products comply with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and performance of a product of the same type that are reasonably expected. In this sense, if any of the products do not comply with the contract, you must inform us by following the procedure detailed in section 14 above and through any of the means of communication provided for this purpose.

Bumday is not responsible for exchanges, returns, or guarantees if (i) the items purchased are tights, underwear or training tops (ii) the product shows any sign of misuse, bad odor, sweating, makeup, or stains from deodorant, (iii) the item has been damaged by improper use or negligence of the consumer (exposure to chemicals, heat, sharp objects such as nails, scissors, etc., poor washing or a wash different from that required by the product and which is specified in the recommendations to extend the useful life of the product, which is delivered inside the shipping bag). The useful life of the product will depend on the care given to it, therefore products damaged by normal wear and tear or that have exceeded the reasonable useful life of the product will not be replaced in any way.

In any case, Bumday is not responsible for exchanges, returns or guarantees for items that are damaged due to the wrong size purchase. Bumday makes a measurement table available to the consumer on each page of the items, which must be reviewed before purchasing. If not, the user will also be accepting the purchase conditions of each item.

16. GIFT CARDS

The gift card is that virtual document that represents a sum of money that can be used only on the website www.bumday.club, for the acquisition of products offered on the website. This virtual card has a balance that you can use within one year after the gift card is issued. This card is issued for returns made on purchases made through the website or in the event that someone decides to give it to you as a gift.

The gift card allows the customer to use their balance to purchase products through the website, up to the value that the gift card represents. In the event that the products exceed the balance of the gift card, the consumer must pay the difference in price using authorized payment methods.

17. LIABILITY AND RELEASE OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

Yo. Loss of income or sales;

ii. Loss of business;

iii. Lost profits or loss of contracts;

iv. Loss of anticipated savings;

v. Data loss;

saw. Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless stated expressly the opposite in it.

18. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

19. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could imply the commission of crimes classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to those to which it redirects.

20. LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.

21. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

22. NOTIFICATIONS

The notifications you send us must be sent by email (bumdayclub@gmail.com) or through our official social media accounts. In accordance with the provisions of clause 22 above and unless otherwise stipulated, we will send communications to the email address provided by you.

It will be understood that notifications have been received and have been correctly made the moment they are posted on our website, or 24 hours after an email has been sent. To prove that notification has been made, it will be sufficient to prove that the email was sent to the email address specified by the recipient.

23. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transfer, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its validity. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , which we could have granted.

24. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, due to force majeure, fortuitous event or events attributable to third parties ("Cause of Force Majeure ").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

to. Strikes, lockouts or other industrial action.

b. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.

c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

d. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

and. Inability to use public or private telecommunication systems.

F. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

25. WAIVER

The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under the contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or the Conditions will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

26. PARTIAL NULLITY

If any of these Conditions or any provision of a contract are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

27. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of these Conditions and replace any other pact, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both of us prior to the same, except as expressly mentioned. in these Conditions.

Neither you nor we will have any remedy against any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to you is the other party will be for breach of contract in accordance with the provisions of these Conditions.

28. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify the Terms and Conditions. We will keep you informed of substantial changes made to them. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, they will be applicable after 30 days from the date of their publication in the corresponding notice.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

29. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Colombian legislation.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the exclusive jurisdiction of the courts and tribunals of the Republic of Colombia.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments, suggestions and queries through our contact channels.

Your complaints and claims to our customer service will be attended to in the shortest possible time and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you and will allow you to track them.

31. CONTACT

Please keep in mind that the email address bumdayclub@gmail.com is enabled in order to allow easy and direct access to the identifying data of BUMDAY SAS as the company marketing the goods, as well as for the purpose that you can file the complaints or claims that you deem appropriate.

To send comments, suggestions, queries or any other question other than what is stated above, you can access our usual contact channels, that is, email (bumdayclub@gmail.com) and our official accounts on social networks.

For more information please consult the “Contact” section of the website.

Withdrawal form template

(You must only complete and send this form if you wish to withdraw from the contract)

To the attention of BUMDAY SAS acting under the commercial name BUMDAY, with address at xxxxx Bogotá DC, Cundinamarca and email address bumdayclub@gmail.com

I hereby inform you that I withdraw from my contract of sale of the following goods:

Ordered on/received on (*):

Consumer name:

Consumer address:

Signature of the consumer (only if this form is submitted on paper)

Date:

(*) Delete as appropriate.

© BUMDAY