Terms of Use and Contracting Blue Banana Brand SL
Last update: November 29, 2024
Acceptance
This website is owned and operated by:
- Company name: BLUE BANANA BRAND, S.L.
- Registered office: Avda. Córdoba, Nº 21, C.P. 28026 Madrid
- VAT Number: B87541827
- Email: info@bluebananabrand.com
- Registration details: BLUE BANANA BRAND, S.L., is registered in the Madrid Mercantile Registry, Volume 34648, Folio 165, Section 8, Sheet H M 623267, I/A.
This site contains an online store operated by BLUE BANANA, which is available for any user who wishes to use it to purchase the products offered through their account. The commercial relationships will be governed by the following Terms and Conditions:
The present Terms of Use and Contracting (hereinafter "CUC"), as well as our Privacy Policy and Cookie Policy, are accepted by the user simply by using the website and/or contracting any of the products and/or services contained therein.
BLUE BANANA reserves the right to modify all or part of these terms, with the provisions in effect at any given time being the ones that bind the user both in using the website and in the purchases they make.
Thus, the user agrees not to use the website for any unlawful purpose or one that contradicts any applicable regulations.
Notwithstanding what is established in the Privacy Policy, the user is informed that electronic documents related to the formalization of transactions are stored by BLUE BANANA to comply with applicable legal provisions, and copies of them may be requested via info@bluebananabrand.com.
Service Description
When you access our website, the first thing you will see is a black banner with 3 important pieces of information:
- At this moment, orders over 75€ have free shipping. Please note that this is something we may change or remove, so the information displayed on our website will always prevail.
- The shopping cart icon, the access to your profile, and the search icon. Just on this banner, you will also find a navigation bar where you can access the various pages that make up our website. As of the creation of this document, we have the following pages:
- Men
- Women
- Kids
- Explore
Remember that we may periodically change our product catalog and/or prices, and these will only be the ones shown on this website. Although we will try to avoid this, it is possible that when you attempt to purchase one of the products we offer, it may be out of stock or unavailable.
Finally, if you want to contact us for more information about our products and services or to report an issue with your purchase process, click on "Help Center" at the bottom of the page. When you enter this page, our assistant will guide you through the steps to get the information you need or resolve your issue.
Finally, in the footer, you will find:
- A box with information through which you can subscribe to our newsletter, allowing us to keep you informed about our promotions, discounts, and interesting news about us.
- Links to the legal texts of this website and other informational pages.
- Icons for our social media.
- Icons showing the payment methods we accept: American Express, JC, Maestro, MasterCard, PayPal, and VISA.
External Links
From this website, you may be redirected to other websites through links. However, BLUE BANANA does not control these sites or their content, which are subject to their own terms and conditions. Therefore, BLUE BANANA is not responsible for the quality, truthfulness, or accuracy of these sites.
Age
You declare that you are of legal age and have the necessary legal capacity to enter into this agreement and use the Service in accordance with these CUC, which you fully understand and acknowledge. You declare that all information provided to access the Service, both before and during its use, is true, complete, and accurate.
Intellectual and Industrial Property
The content and information of the Service (including but not limited to text, sound, image, or computer code) as well as the infrastructure used to provide such content and information, are owned by BLUE BANANA or have the necessary authorizations for their use. Furthermore, the modification, reproduction, duplication, copying, distribution, sale, resale, and any other form of commercial exploitation of the Service are prohibited. For any other use of the Service content, you need our prior written consent.
User Content
You may contribute to the Service in various ways, such as by participating in contests we organize, submitting creative ideas or photos, or making suggestions (hereinafter "Content").
We may use your Content in various ways, such as displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting grammatical errors, creating derivative works from it, promoting it, or distributing it.
By submitting Content to us, you grant BLUE BANANA a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use that Content. This means the content remains your property, but BLUE BANANA, thanks to this license, may:
a) Use, reproduce, modify, adapt, translate, distribute, and publish the Content, create derivative works from it, display it, and exhibit it worldwide, by any means known and for any lawful purpose; and b) Use the name you provide in connection with that Content.
Offer Validity
The products offered on www.bluebananabrand.com, and their prices, will be available for purchase as long as they are in the online store's product catalog. In any case, BLUE BANANA reserves the right to make modifications as it deems necessary, and may update our products and services according to the market. Prices on the website are subject to change.
All prices shown in the catalog include all applicable taxes and fees but do not include shipping costs, which may vary depending on factors such as delivery location and shipping method.
However, the inclusion of all applicable taxes may not be accurate if the order is placed from outside Spain. In that case, additional taxes may be added during the payment process based on the destination country.
BLUE BANANA reserves the right to change prices without notice. However, after the order confirmation, the prices for that specific order will not be affected.
We inform you that despite updates we may make to the prices of the products offered on this site, they could still contain errors. We will promptly correct any errors, but these will not be binding.
Security
As mentioned earlier, the entire purchasing process, as well as the transmission of your personal data and credit card information, are carried out on a secure and encrypted page using SSL protocol.
Modifications and Nullity
We may update these terms and conditions in the future. If any clause included in these T&Cs is declared, in whole or in part, null or ineffective, it will only affect that provision or the part of it that is found to be null or ineffective. The rest of the T&Cs will remain in force, and the provision or part of it that is affected will be considered as not written.
Claims and Actions Derived from the Contract
This contract is governed by Spanish law.
In order to simplify the resolution of claims through civil channels and reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration of the Arbitration Court of the Chamber of Commerce, Industry, and Services of Madrid. In this regard, and according to the applicable regulations, we inform you of the existence of an online dispute resolution platform that facilitates the out-of-court resolution of disputes for contracts made online between consumers and internet service providers. You can access this platform through the following website: Http://ec.europa.eu/odr. However, BLUEBANANA reserves the right to go to Arbitration Courts depending on the specific circumstances of the case.
In any case, and regardless of the above, for the resolution of disputes arising from or related to these transactions, the following will apply:
a) Consumers and Users: The competent courts will be the courts of the consumer's domicile and/or the place where the obligation is fulfilled.
b) Entrepreneurs and Professionals: The competent courts will be the courts in the city of Madrid.
Customer Support
For any clarification, incident, or claim, you can contact us through:
- Email: info@bluebananabrand.com
- Section "Help Center" of our website.
Promotions
- UNiDAYS: View terms and conditions
- Pit Viper X Adventure Pass: View terms and conditions
- GWP Caps: View terms and conditions
- Archive Sale: View terms and conditions
- Giveaway Maria Riera: View terms and conditions
- Flysurf X Adventure Pass: View terms and conditions
- SMS Giveaway: View terms and conditions
- Feedback Survey Giveaway: View terms and conditions
- GWP Cases: View terms and conditions
- Black Friday/Cyber Monday: View terms and conditions
Use of Promotional Codes
- Only one promotional code is allowed per order, meaning two promotional codes cannot be used in a single purchase.
- Each promotional code can only be used once per user.
- The validity of promotional codes is limited exclusively to use on the official Blue Banana website, unless stated otherwise in the communication where they are announced.
- Promotional codes will be valid until the date indicated in the communication where they are announced (emails, social media, customer support channels, etc.). If no explicit date is mentioned, Blue Banana reserves the right to cancel any code without prior notice.
- The general terms of purchase, exchanges, and returns will apply to any order in which a promotional code is used.
- Codes cannot be exchanged for money.
- Each code will have specific conditions that apply exclusively to that code and must be clearly explained in the communications in which they are announced.
Programa de fidelización: Adventure Pass
Security Measures
We adopt all necessary technical and organizational measures to protect the security and integrity of the collected personal and non-personal information. This includes protection against unauthorized access as well as accidental alteration, loss, or destruction. The submission and transmission of data you make through the Service are protected by electronic security techniques on the network, such as the SSL protocol. Additionally, the information provided and stored in our databases is similarly protected by security systems that prevent access by unauthorized third parties. We make our best efforts to maintain the most up-to-date systems for the effectiveness of these security mechanisms. Furthermore, we store personal and non-personal information for as long as required by applicable regulations. Information that is no longer needed is periodically destroyed. Despite the above, we cannot guarantee the absolute security of the collected information, so you should always use common sense when sharing information.
Gift Card Terms
The card is valid on all products on the website, including shipping costs.
It has no expiration date.
The amount you don't spend on the first use will be saved for your next purchase.
Returns are only accepted by the person who purchased the card, and only if it has not been used.
It is only valid in the countries we ship to from our website.
Changes to the Privacy Policy
BLUE BANANA reserves the right to modify any information that may appear on the website, without any obligation to pre-announce or inform users of such modifications. Publication on the website will be considered sufficient notice.
These modifications will apply to the use of the website from the date of publication, while previous versions will remain binding for uses and transactions that occurred before the changes were introduced.
Contact
If you have any questions about this Privacy Policy, please contact us by emailing info@bluebananabrand.com
Purchase Process
Select Your Products
We want to make it as easy as possible for you to select your product. Just follow these steps:
1. Click on the image of the product(s) you want. Product information: We are fully transparent with you. So, alongside each product, you will find all the relevant information. This includes:
- Sweatshirts: You will know the price, available sizes, composition, and care instructions.
- Hoodies: You will know the price, available sizes, composition, and care instructions.
- T-shirts: You will know the price, available sizes, composition, and care instructions.
- Hats: You will know the price, design, details, composition, and size.
- Socks: You will know the price, available sizes, composition, and care instructions.
This product information is accompanied by a brief description of the item.
2. Select your size from those available. Currently, the sizes are: XS, S, L, M, XL, XXL.
If you are not sure about your size, we can help you find it. Simply click the "Find Your Size" button. A pop-up window will appear, where we provide our size recommendation through a form. We also provide size guides for all our items.
This size help is purely advisory, and the final decision on the size to choose is yours. The recommendation does not guarantee that you will choose the correct size.
3. Choose the quantity of each product you wish to purchase.
4. Click the "Add to Cart" button. Repeat this process as many times as needed until you have added all the products you want to your cart. If, after selecting a product, you decide you don’t want it, simply click on the cart icon and then click "remove" to remove the product from your cart.
Provide Your Personal Information to Issue the Invoice and Ship Your Products
Once you have finished selecting your products, click the cart icon and then the "Start Order" button. A new screen will appear, where you need to provide your contact details and the necessary information to issue your invoice if required:
Contact Information: We need a valid email address and a shipping address to send your order. If, after completing the purchase process, you want to modify the shipping address:
- Go to our "Help Center" or "FAQ" page.
- Select the section for Contact
- Select "I want to change the delivery address of my order."
- Fill out the form we provide.
- Click "Send."
- If the package has not left our warehouse, we can change the address without any problem. If your order has already been shipped, we will need to contact our shipping agency (GLS) to modify and redirect the order to the new address. Please note that this may cause a slight delay in your order.
Billing and Payment Information:
- Payment methods: We currently accept credit cards (Visa, Maestro, American Express, Mastercard...), PayPal, Shop Pay, Google Pay, or Klarna. Our transactions are secure and encrypted.
- In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment methods. Payments will be made to Klarna:
Pay in 3 installments
Pay now
You can find more information, including terms and conditions, here. More general information about Klarna is available here. Your personal information is handled in accordance with data protection laws and Klarna's privacy policy. - Billing address: You must tell us if the address we should reflect on the invoice is the same as the shipping address or a different one. By default, "The same shipping address" will be pre-selected, but if you want to use a different one, click on "Use a different billing address." A form will appear for you to fill out. Finally, click the "Review Order" button to ensure you have completed all fields correctly.
Shipping Costs, Discount, and Final Price
Shipping Costs:
- Spain (mainland): Currently, if your order is over €75, you will get free standard shipping. If the amount is less than or equal to €75, the standard shipping cost (2 to 4 business days) will be €3.95 for Madrid and €4.50 for the rest of the mainland. This time may be longer during sales, Black Friday, Christmas, or special promotions. If you choose express shipping, the cost will be €5.90 for Madrid and €6.90 for the rest of the mainland, regardless of your order price, and it will be delivered within 24/48 hours on business days, as we do not deliver on weekends.
- Europe: For shipments outside the Iberian Peninsula, the shipping cost will be calculated at checkout, depending on the shipping destination.
- Discount: If you have any discounts to apply, you must enter it in the designated box at checkout, after adding your products to the cart. It will be easy to identify, as the field will say "Gift card or discount code." After entering it, click the "Use" button, and it will be automatically applied, adjusting your order total.
- Final Price: The final price of your order will be the sum of each product's price, plus any applicable taxes and fees. However, this final price will change depending on two circumstances: ‣ whether you have to pay for shipping and ‣ whether you have a discount.
Important: The prices of all our products are in euros (€) and include applicable taxes (VAT).
Product Delivery
When you make a purchase, you will receive a confirmation email, and we will begin processing your order as quickly as possible. Once the product leaves our warehouse, GLS will send you an email informing you of the delivery time window for the next day, so you will be kept up to date on the status of your package. The average delivery time is 2 to 4 business days if the shipping address is within the Mainland*. This time may be longer during sales, Black Friday, Christmas, or special promotions.
If you do not receive your order within this period, please contact us via info@bluebananabrand.com or through our help assistant, which you can find on our "Help Center", and we will resolve the issue with our shipping agency as soon as possible.
Return, Exchange, Cancellation, and Order Modification Policy. Right of Withdrawal.
You can withdraw from your purchase and, therefore, return the products purchased freely within 30 calendar days from the receipt of the product. *Orders made from 15/11/2024 will have until 15/01/2025 for returns and exchanges.
To return the products you purchased, you must keep the items in perfect condition, without having washed or used them, and with their original tag. Otherwise, the return will not be accepted for hygiene, health, and safety reasons. Underwear, such as briefs, cannot be returned or exchanged.
Once the return/withdrawal has been requested, you will have 14 calendar days to send the product to BLUE BANANA, unless you notify us of the return/withdrawal at the same time.
If you request the return online, you will not have to pay anything for the first return. If a second return request is made for the same order, a €5 fee will apply for the shipping costs... unless made in a physical store.
Returns can be made in several ways, depending on where the purchase was made and the payment method used:
*Purchases made in Physical Stores:
a) If you purchased and received the item in a Physical Store, it can be returned to any physical store, and the price of the item will be refunded by the same payment method you used. You cannot return it online with this method of purchase.
b) If you received the item from the warehouse after purchasing in a physical store, you can return it to any physical store, but you can only return it online if you paid with one of the following payment methods: Shopify Payments, Payment Gateway, Wisepad. If you paid by cash, POS, or contactless, you cannot return it online.
*Purchases made Online:
- Go to our "Help Center" of "Frequently Asked Questions"
- Select "Exchanges and Returns".
- Fill out the form we provide at the bottom of the page.
- Click "Search Order".
- Complete the form and submit the final request.
c) If you purchased the item from our Outlet, any exchanges or returns must be made there.
d) If you purchased the item from one of our El Corte Inglés stores, exchanges and returns can only be made at the same location. You can check all available ECI points of sale in the physical stores section.
e) Purchases made at Pop-ups or event stands are not eligible for exchanges or returns.
Once the product is received and the compliance with the required conditions is verified, BLUE BANANA will process the refund within a maximum of 5 business days. Refunds will be processed through the same payment method used, and it may take between five to fifteen business days to appear in your bank account.
The amount refunded will correspond to the price of the returned item. Shipping costs are non-refundable.
Any return requested from a country outside the European Union will be at the customer's cost and expense, as it is considered an extraordinary shipping method. This includes transportation costs and import taxes from the destination country (Spain), which must be paid within 30 days from the purchase date. Once you have paid both costs and we receive the product in our warehouse according to the above conditions, we will refund the remaining balance.
Regarding exchanges, these can be made either online or in physical stores; exchanges will only be made in physical stores if the item/accessory you want is in stock.
Exchanges are free and only available for Spain and Portugal. Exchanges are not considered withdrawals, which are governed by the conditions outlined in the previous sections.
To exchange the products you have purchased, you must:
- Go to our "Help Center" or "Frequently Asked Questions" page.
- Select "Exchanges and Returns".
- Fill out the form provided at the bottom of the page.
- Click "Search Order".
- Complete the form and submit the final request.
Second Exchange Policy: In the case of a second exchange request, a €5 fee will be charged to cover processing costs, unless the exchange is done in a physical store.
Cancelations: If you want to cancel your order, follow these steps:
- Go to our "Help Center" or "Frequently Asked Questions" page.
- Select "Contact".
- Fill out the form available at the bottom of the page.
- Click "Send".
If your order has already left the warehouse, we will check its status and guide you on how to proceed.
Cancelations, like modifications, can only be processed if the order has not yet been registered in the warehouse. Otherwise, you will be entitled to proceed according to the terms set out for cancellations/returns.
In all these situations, we will attempt to resolve your issue as quickly as possible. In any case, all rights guaranteed by applicable laws as a consumer and user will be protected.
Information Collected Automatically
This information will include:
- Information collected through cookies or similar mechanisms stored on your device, always with your consent. Please refer to our Cookie Policy for more details.
- The IP address from which the connection is made, the type of device used and its characteristics, the version of the operating system, the browser type, language, date, country, request time, referring URL, or the mobile network used (among other things).
- Data about the use of the Service and any errors detected during its use.
- Data about your physical location through various technologies: GPS signals sent by a mobile device or information about the nearest Wi-Fi access points or mobile phone towers. In any case, this data is collected in accordance with your device’s privacy settings.
Additionally, www.bluebananabrand.com uses the following services:
- Google Analytics, an analytical service provided by Google, Inc. based in the United States at 1600 Amphitheatre Parkway, Mountain View, California 94043. In providing these services, Google uses cookies to collect information, including the user's IP address, which is transmitted, processed, and stored by Google as outlined on the website www.google.com. This may include sharing such information with third parties for legal reasons or if those third parties process the data on Google’s behalf. You can disable Google Analytics cookies here.
- Google Drive, for cloud storage of data.
- Shopify, a service provided by Shopify Inc, with its headquarters at c/o Intertrust Ireland, 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.
Information You Provide Voluntarily
This information will include:
- The information, personal or not, contained in messages sent through the contact channels established in the Service, such as your name, surname, email address, or phone number. We use Gmail as the service for email management.
- The email address you provide to subscribe to our newsletter. If you use a third-party email, you acknowledge that you have obtained their consent to do so.
- The information you provide when you decide to participate in any of our giveaways. We use EASYPROMOS to manage these events.
Information We Obtain Through Other Services:
Primarily through social media platforms such as Instagram or Facebook. We have profiles on Instagram and Facebook, and Bluebananabrand is responsible for processing data published on these platforms. Such data will be processed according to the social media platform's policies regarding corporate profiles. Under no circumstances will we extract data from social media unless we explicitly obtain user consent for such action. When, due to the nature of social networks, exercising your rights depends on modifying your profile, we will assist and guide you as best as we can.