LEGAL NOTICES

  • 1. INTRODUCTION
  • 2. WEBSITE OWNERSHIP
  • 3. LINKS TO CONTENT
  • 4. TERMS AND CONDITIONS OF USE
  • 5. REQUIREMENTS FOR BECOMING A REGISTERED USER AND A GUEST USER
  • 6. RIGHTS AND OBLIGATIONS OF THE USER
  • 7. RIGHTS AND OBLIGATIONS OF THE COMPANY
  • 8. NOTIFICATIONS
  • 9. SCOPE OF THE OFFER
  • 10. CONTRACT FOR THE PURCHASE OF BIMBA Y LOLA PRODUCTS AND ORDER ACCEPTANCE
  • 11. PRODUCT EXCHANGE AND RETURNS POLICY
  • 12. PRODUCT AVAILABILITY
  • 13. PURCHASE PROCESS
  • 14. ORDERS DELIVERY
  • 15. INABILITY TO DELIVER
  • 16. TRANSFER OF RISK AND OWNERSHIP
  • 17. CURRENCY, TAXES, PRICE AND PAYMENT METHOD
  • 18. DEFECTIVE PRODUCT RETURNS
  • 19. GIFT OPTION
  • 20. PURCHASE LIMITS
  • 21. PRODUCT GUARANTEES AND INFORMATION
  • 22. LIABILITY AND EXEMPTION FROM LIABILITY
  • 23. EVENTS BEYOND OUR CONTROL
  • 24. PRIVACY POLICY AND COOKIES
  • 25. APPLICABLE LEGISLATION

1. INTRODUCTION

We invite you to review the general conditions of sale that govern the offer and sale of BIMBA Y LOLA products through the online store included on this website.

For the purposes of these Conditions “BIMBA Y LOLA product” is a non-food product offered for sale on this website, and “website” is a web resource hosted on the Internet under the domain https://www.bimbaylola.com/ua_en/, including all its pages.

This document contains the Conditions that govern the use of this website, as well as any other that may be determined and the Contract that binds us both, “MIX AND MATCH GROUP” LLC, - you and us - (hereinafter referred to as the "Conditions").

The Contract is a public sale and purchase contract that defines the terms and conditions for the sale of BIMBA Y LOLA products at a distance to an unlimited number of users of the website by means of remote communication (Internet) through the website, which is concluded in accordance with the procedure provided for in clause 10 of these Conditions (hereinafter referred to as the “Contract”).

These Conditions establish the rights and responsibilities of all users (hereinafter referred to as "you"/"your") and of “MIX AND MATCH GROUP” LLC (hereinafter referred to as "us", "we" and "our") as regards browsing the website, acquiring the condition of User, the rights and responsibilities associated with said condition, as well as the commercial transactions and usage of services included in the same.

By using this website, you are bound to these Conditions and Privacy Policy, so we recommend that you read these Conditions carefully. If you do not agree with them, you must leave the website.

These Conditions may be modified at any time by publishing a new version on the website, so you should read them before placing each order.

All BIMBA Y LOLA products offered on the website are sold by “MIX AND MATCH GROUP” Limited Liability Company, registered in Ukraine, 04050, Kyiv, 32V Hlybochytska St., office 210, USREOU code 41419083 (hereinafter referred to as the “Company”) which acts as a franchisee under a franchise agreement with BIMBA & LOLA, S.L., headquartered at the Parque Tecnológico y Logístico de Vigo, Nave D13, 36315 Vigo, Pontevedra province, Spain, companies code B-36950970.

CONTACT: For any questions, consultations or suggestions, please send your comments through contactua@bimbaylola.com and/or the telephone number: +38 0443449201 from 09:00 to 18:00 every day.

2. WEBSITE OWNERSHIP

All intellectual and industrial property rights to the web domain, as well as the contents, are the property of BIMBA & LOLA, S.L., so no user is authorised to make use of them, nor print them nor store them on any physical medium for any reason other than for personal and private use. The modification, decompilation or commercial use of any part of the same is strictly prohibited.

Use of the contents of the web domain is authorised for information and service purposes only, whenever the source is referenced, and the user alone is liable for any misuse of the same.

Accessing this website does not give the users any right or ownership whatsoever to the intellectual or industrial property rights nor to the contents it contains. Users who access this page may not copy, modify, distribute, transmit, reproduce, publish, transfer nor sell the aforementioned elements, nor create new products or services derived from the information obtained without the prior express written consent of BIMBA & LOLA, S.L.

Any alteration to the content or structure of this web page by the user is strictly prohibited.

BIMBA & LOLA, S.L. reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.

Should the user detect any suspicious activity that violates any Intellectual or Industrial Property rights or any other rights, we would ask that you notify us via contactua@bimbaylola.com.

The information provided on this website is valid as of the date of the latest update. BIMBA & LOLA, S.L. reserves the right to modify the content on the web domain without advance notice, limiting or blocking access to this website.

The Company reserves the right to block electronic links that redirect to this website without express authorisation in advance.

If the website contains links to content owned by third parties, the Company assumes no liability whatsoever for the information contained on said third-party websites, nor for the information contained therein.

The Company shall remove any link the moment it becomes aware, by any means, of any illegal content or of any damage by them to the goods or rights of a third party.

4. TERMS AND CONDITIONS OF USE

These Conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a business.

These Conditions regulate the offer, purchase acceptance and deliver of BIMBA Y LOLA products between you and us.

The Company offers the products solely to end users who acquire goods with no intentions of reselling them.

The “end user” is any individual or legal entity that acts on this website for purposes different from those corresponding to the commercial, business or professional activities normally undertaken.

The Company reserves the right not to fulfil orders made by entities different from the end user. Only end users who have registered in compliance with these Conditions may acquire the goods and services sold through this website.

5. REQUIREMENTS FOR BECOMING A REGISTERED USER AND A GUEST USER

Becoming a registered user enables you to browse through the different restricted-access areas included on the website, use the services that require you to log in and acquire any BIMBA Y LOLA products that may be offered on the same. Without prejudice to the above, you can also acquire any BIMBA Y LOLA products that may be offered on the website as a guest.

A registered user and guest user may be any person of legal age and full authority to enter into the contract established by these Conditions. Becoming a registered user or a guest user requires you to read and expressly accept, without any reservations, the terms included in these Conditions and our Privacy Policy, stating advance awareness of your acceptance of them and enabling you to save and reproduce them.

The username and password generated that enable you to identify yourself as a registered user and to use the service are strictly personal and confidential. You are responsible for keeping them confidential. As a result, you expressly accept, barring proof to the contrary, that we assume that all usage of the service carried out using the identification codes are done by you, as the registered user, unless you have notified us in advance that they have been lost or stolen.

You may freely change your password through the procedures that we have put in place for that purpose. The replaced password will be cancelled as a means of identification as soon as you generate the new one.

We may block access and usage of the web page when as deemed necessary for security reasons. The service will be blocked automatically following three successive errors in entering the user access or usage codes.

We will provide the organisational and technical measures necessary on our computer equipment to ensure proper usage of the service by the users and prevent unauthorised access that seek unauthorised disclosure of the user’s financial information content that is accessible through the service.

6. RIGHTS AND OBLIGATIONS OF THE USER

The User has the right to:

  • Demand that the company fully and properly fulfill these Conditions.
  • Receive necessary, accessible, reliable and timely information about the BIMBA Y LOLA products.
  • Refuse to accept and pay for defective or incomplete BIMBA Y LOLA products or BIMBA Y LOLA products that do not comply with the order for such products.
  • In case of detection of defects in the purchased BIMBA Y LOLA products within the established warranty period, demand from the Company either a proportional reduction in the price of the products, or free elimination of defects in the products, or reimbursement of the costs of eliminating defects in the products.
  • In case of detection during the established warranty period of significant defects in the BIMBA Y LOLA product that arose through the fault of the Company, terminate the Contract and demand a refund of the money paid for it.

The User is obligated to:

  • Provide BIMBA Y LOLA with all data necessary to access and use the services that require advance identification, which must be true, up-to-date and correct. Users are obligated to provide their personal details (forename, surname(s), postal address, e-mail address and other contact details) truthfully and faithfully, aware that we may use this information to contact you if necessary. If you do not provide all of the information, we will not be able to process your order. Otherwise, BIMBA Y LOLA shall not be liable under any circumstances for possible delays or failures in the delivery as a result of error or omission of these data.
  • Users may not place fraudulent, false or speculative orders. The Company reserves the right to cancel the order and/or inform the pertinent authorities if we have reason to believe that to be the case.
  • When placing an order on this website, you guarantee us that you are legally capable person.
  • Take the necessary security precautions, both personal and material, to maintain the confidentiality of your username and password, as well as to notify the Company and BIMBA & LOLA, S.L. immediately in the event of loss, misplacement, theft, robbery or illegitimate access to your registered user, as well as knowledge of it by third parties.
  • Use the services included on this website properly, always in compliance with applicable law.
  • Refrain from conducting any activity that hinders or interferes with the functionality of the services included on the website.
  • Before placing an order carefully read these Conditions, as well as familiarize yourself with the cost of the BIMBA Y LOLA products offered for sale, the methods and procedure for its payment.
  • Pay for BIMBA Y LOLA products contracted through the website, as well as accept the ordered quality and complete BIMBA Y LOLA products in accordance with the procedure and on the terms established by these Conditions.
  • Before placing an order, carefully read the cost and methods of delivery of the BIMBA Y LOLA product on the delivery page and pay for shipping charges that may apply.
  • Properly and fully fulfill all its obligations under these Conditions.

7. RIGHTS AND OBLIGATIONS OF THE COMPANY

The Company has the right to:

  • Amend these Conditions by publishing changes on the website.
  • Make changes to the range of BIMBA Y LOLA products and change their prices without your consent, except for the products for which the order has been accepted from you.
  • Demand payment of the cost of the ordered BIMBA Y LOLA products.
  • Exercise other rights provided for in these Conditions and the provisions of the applicable laws of Ukraine.

The Company is obligated to:

  • Properly and fully fulfill all its obligations under these Conditions.
  • Transfer the BIMBA Y LOLA product of proper quality to you and provide information about this product.
  • Provide you with complete and accurate information about the cost and methods of delivery of the BIMBA Y LOLA product by publishing this information on the delivery page.
  • Within the terms, in the manner and under the conditions established by this Contract, ensure the delivery of the BIMBA Y LOLA product ordered by you to the place specified by you and in the method chosen by you in the relevant order for such product.
  • Within the terms, in the manner and on the conditions established by this Contract, ensure the transfer to you or the recipient of the BIMBA Y LOLA product ordered by you of the quality and complete product in proper packaging, as well as transfer together with the product all documents relating to the product and subject to transfer together with the product.

8. NOTIFICATIONS

Some of the notifications or information that we send will be in writing, as required by applicable regulations, so as a user of this website, you must accept that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by publishing alerts on this web page. Therefore, you agree to use this electronic communication medium and accept that any contract, notification, information or any other communication that we send to you electronically comply with the legal requirements of being in writing. This condition shall not affect your rights as allowed by law. We may send you notices by e-mail provided by you when placing an order. Notifications will be considered to have been received and correctly given as soon as they are posted on our website, 24 hours after being delivered by e-mail or three days after any letter has been posted.

9. SCOPE OF THE OFFER

The BIMBA Y LOLA products offered are distributed exclusively within the territory of Ukraine, except for the temporarily occupied territories and territories where active hostilities are taking place. The list of such territories is defined by the "List of territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation", approved by the Order of the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine No. 309 dated 23 December 2023.

Any order with a delivery address located outside of Ukraine will be rejected during the request process.

10. CONTRACT FOR THE PURCHASE OF BIMBA Y LOLA PRODUCTS AND ORDER ACCEPTANCE

The content of our website is an invitation to do business. Until your order has been accepted by us (even if your account has been charged), there is no Contract between you and us. If your order is not accepted and we have charged your account, the amount will be reimbursed in its entirety.

After you click “buy”, you will receive a receipt confirmation e-mail. This does not imply that your order has been accepted, since is an offer that you are making to us for a purchase. The orders are subject to our verification and acceptance. We will confirm acceptance by sending you an e-mail informing you that the order is being delivered (“Delivery Confirmation”). Only shall the Contract between you and us be formalised.

Only the BIMBA Y LOLA products listed in the Delivery Confirmation shall be covered by the contract. We shall not be obligated to supply you with any other products that you may have ordered until we confirm delivery of them in a separated Delivery Confirmation.

The contract with the Company may be drawn up in Ukrainian or in English, as elected by the user.

The Company may abstain from processing orders that do not offer sufficient guarantees of solvency, or that are incomplete or incorrect or if the BIMBA Y LOLA products are unavailable, with no liability assumed with you nor with others. In any case, we are committed to keeping you informed, and if we have already charged your account for the amount of the order, we will reimburse the sum paid by you in advance.

11. PRODUCT EXCHANGE AND RETURNS POLICY

The User may exchange or return the BIMBA Y LOLA product (withdraw from the contract) of good quality within fourteen (14) days, not including the date of purchase.

In the event of return of the BIMBA Y LOLA product (withdraw from the contract), the Company will refund the entire amount paid by you.

If the recipient of the BIMBA Y LOLA products is not the person who paid for them, the funds will be refunded to the person who made the payment.

If you have placed an order for more than one BIMBA Y LOLA product and do not wish to return all the BIMBA Y LOLA products in the order, we will only refund the amount for the BIMBA Y LOLA products you wish to return, without refunding all or part of the order delivery costs.

Exchange and return of BIMBA Y LOLA products can be made:

  • to the place where the product was purchased.
  • Via the carrier Nova Poshta, branch address No. 75, Ukraine, 03150, Kyiv, 120 Velyka Vasylkivska str.

In the event of returning products by post, please send the BIMBA Y LOLA products and the return form to the following address: Nova Poshta branch No. 75, Ukraine, 03150, Kyiv, 120 Velyka Vasylkivska str. For more details please contact us by phone +38 0443449201 from 09:00 to 18:00 every day.

The right to exchange and return the products (withdrawal) will be applicable provided that the BIMBA Y LOLA products are returned in the same condition as when you received them, together with their full original packaging, labels and all related accessories. To exchange or return jewellery and accessories, the safety seal must be kept intact. If the returned order does not comply with the stipulated terms, you will not be entitled to an exchange or receive a refund and we will return the BIMBA Y LOLA order products with unpaid postage.

We will determine whether the BIMBA Y LOLA products are in the same conditions as those in which they were sent to you. You will be liable for all losses in value of the BIMBA Y LOLA products due to handling, beyond that required to establish their nature, characteristics or how they work. No refund will be offered for returned BIMBA Y LOLA products that are damaged, incomplete, spoiled, used or soiled due to the fault of the client, and they will be returned to the sender and sent with unpaid postage.

The funds will be refunded as quickly as possible, but no later than thirty (30) calendar days from the date on which the Company was informed of the consumer’s decision to withdraw from the contract. Notwithstanding the above, the Company may withhold the reimbursement until it receives the BIMBA Y LOLA products, or until the consumer has provided evidence of having made the return, in accordance with whichever condition is met first.

You can exercise your right to exchange or return the BIMBA Y LOLA products (withdraw from the Contract) through any type of relevant declaration that indicates your decision to do so.

The stipulations of the paragraphs above will not apply in the following cases, whereby there will be no right to return the BIMBA Y LOLA products (withdrawal):

  1. For health and hygiene reasons, when purchasing sealed goods such as lingerie and swimwear, when the seals have been removed after delivery. Masks, for hygiene reasons and for your own safety, cannot be returned.
  2. Other BIMBA Y LOLA products that cannot be returned in accordance with applicable law, including corset products, gloves, hosiery, etc.

12. PRODUCT AVAILABILITY

You accept that the BIMBA Y LOLA products offered by the Company in the online store are subject to stock limits. All orders for BIMBA Y LOLA products are subject to availability. If any of the products are not available once you have placed the order, we will inform you as soon as possible. At that time, you can cancel your order.

The Company reserves the right to modify the BIMBA Y LOLA products offered on the website at anytime without prior notice.

13. PURCHASE PROCESS

The following procedure has been established for purchases through the website, which may be made in Ukrainian or English.

The user must access the online store hosted on the website that displays the BIMBA Y LOLA products that are available through that channel, with the following information:

  • Description of the product, reference, size, characteristics, colours, composition and photograph.
  • Unit price (including taxes, if applicable).
  • Delivery charges.
  • Offer validity conditions, if any.

Once you have selected the BIMBA Y LOLA product or products, you must add them to the basket included on the website, indicating the number of units you wish to acquire.

Once you have included the BIMBA Y LOLA products you have chose to the shopping basket, you can access the shopping summary that you must accept by clicking the buy button, which will display the following information:

  • Product.
  • Description.
  • Add to Wishlist.
  • Quantity.
  • Unit Price.
  • Total Price of each BIMBA Y LOLA product acquired.
  • Total Price of the purchase.
  • Delivery charges and return policy.

If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions.

Next, you must provide your details. If you are a registered user, you must provide your username and the corresponding password. If you have not registered previously, you can create an account on the website or check out as a guest user.

Once the user has introduced their details they will access delivery details, where they will be able to revise and/or modify their delivery and billing information. They will then proceed to Order Confirmation where they shall see the delivery and billing address, method of payment, and if they wish choose to send order as gift and write a gift-card message, terms and conditions of purchase and the Privacy Policy should be accepted and proceed by clicking on the “Buy” button.

Once you have completed the Order Confirmation, you will receive an e-mail when we have received your order in which we inform you of the data corresponding to the purchase order issued. Likewise, we will analyse the purchase order to determine if it meets all of the requirements for processing. Once we have completed the verification, we will send you an e-mail confirming its delivery or rejecting it.

14. ORDERS DELIVERY

The BIMBA Y LOLA products are delivered via the carrier Nova Poshta at the carrier’s rates:

Available delivery methods:

  • to the Nova Poshta branch;
  • to the Nova Poshta Parcel locker;
  • by the Nova Poshta courier to the address.

Your order will be delivered within 1-3 working days from the moment in which we have confirmed the order. The time and cost of delivery can be affected by the remoteness of your destination from Kyiv and may be partially affected by the Nova Posta workload.

Once the order has left our warehouses, we will send an e-mail notifying you that your order has been accepted and is being delivered.

Orders will be delivered to the delivery address that you provided on the form, so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete.

You can track the status of your order in the “My Account” zone of our website if you are a registered user or if you made the purchase as a guest, you can also track your order by accessing the link you received in any of the e-mails related to your order.

For security reasons, the Company will not send any order to post office boxes or military bases, nor will orders be accepted when it is impossible to identify the order recipient or their address.

15. INABILITY TO DELIVER

If you do not receive your order in the timeframe indicated for your chosen delivery method, as detailed in the “DELIVERIES” section, please contact the Company to inform of this.

If within 5 calendar days from delivery notification, the order is not collected at Nova Poshta branch, the order will be returned. If within 5 calendar days from the delivery notification the order is not collected at the parcel locker, the order will be returned. If within 2 calendar days Nova Poshta courier does not receive a reply from customer and order cannot be delivered, the order will be returned.

Once returned orders are received in our warehouse, we will proceed with the refund of the order amount. Also note that the customer will be liable for return costs (cost of returning order to our warehouse).

When your order is delivered you should check to ensure that items have been received correctly. If there are any errors or problems with your order you should contact the Company via e-mail indicating your personal details, order number and the discrepancies and/or problems found, and we will contact you in order to resolve the situation.

16. TRANSFER OF RISK AND OWNERSHIP

The user takes ownership of the BIMBA Y LOLA products when you receive the shipping confirmation and the product leaves from our warehouses subject to full payment by the user of the cost of the products. The risk for the BIMBA Y LOLA products is transferred to the user from the moment the order is delivered (transferred) to the User.

17. CURRENCY, TAXES, PRICE AND PAYMENT METHOD

The prices on our website are shown in UAH and are subject to VAT, which may be payable upon purchase on the website in accordance with applicable law.

The delivery charges are calculated separately from the purchase price according to the carrier's rates.

The Company reserves the right to modify the prices show on the website without prior notice.

The price of the BIMBA Y LOLA products will be as stipulated on our website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the pages are correct, errors may occur. If we discover an error in the price of the BIMBA Y LOLA products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any amounts paid will be reimbursed in full.

We are not obligated to provide you the BIMBA Y LOLA product(s) at an incorrect lower price (even if we have sent you the Delivery Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price.

All rights recognised by the applicable legislation are reserved.

The Company accepts payments made via credit or debit card (Visa, Mastercard), via the WayForPay payment system.

You can choose one of the following payment methods:

  • Pre-payment on the website using credit or debit cards Visa, Mastercard through the WayForPay payment system;
  • Cash on delivery upon receipt of the BIMBA Y LOLA products.

To protect credit/debit card payment security, we use secure payment systems. The confidential payment data are transmitted directly and encrypted (SSL) to the financial entity. When you make the payment over a secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. The issuing bank will authorize the operation.

The Company complies with the regulations demanded by the different payment methods that may be used to make your purchase.

The Company reserves the right to verify the personal details and take appropriate measures to ensure that the merchandise is properly delivered.

18. DEFECTIVE PRODUCT RETURNS

If you receive an erroneous order or a defective BIMBA Y LOLA product, we ask that you contact us immediately, within 24 hours, indicating the error or defect, along with your personal details, via e-mail contactua@bimbaylola.com and/or the telephone number: +38 0443449201 from 09.00 to 18.00 every day.

If you receive an erroneous order or defective BIMBA Y LOLA product ordered by cash on delivery, you can refuse to receive such BIMBA Y LOLA product at the post office. In this case, the order will be returned.

Incidences will always be dealt with from the purchase market.

In the event of problems with the packaging, you must notify the courier service as soon as you receive the order.

We will examine the returned BIMBA Y LOLA product carefully and notify you by e-mail within a reasonable period of time whether the item will be returned or replaced (if appropriate). The item will be returned or replaced as soon as possible and, in any case, within 14 days of the date on which we sent the e-mail confirming that the inadequate item would be returned or replaced.

The amounts paid for BIMBA Y LOLA products returned due to flaws or defects, when they actually do exist, will be reimbursed in full, including any delivery charges paid to send the item to you and the costs to you to return it to us. The refund will be made using the same method as that of payment.

All rights recognised by the applicable legislation are reserved.

19. GIFT OPTION

Our website offers you the option to send items as gifts. To do this, you should make the purchase via your computer in the usual way, entering the delivery address for the recipient of the gift and select as a gift option. By selecting this option, your order will be wrapped in a single parcel.

If you provide us with personal data of a third party, you guarantee that you have the authority to handle such data. Likewise, you are obliged to inform said third party of the terms and conditions for the processing of their data.

If you have received an item as a gift, you must follow our usual Returns Policy in order to make an exchange or return. The returned amount will be refunded to the person who made the purchase via the same payment method they used.

20. PURCHASE LIMITS

For security reasons, you cannot place orders in excess of 127.136,04 UAH containing over 30 items within 15 days. In addition, you will not be able to purchase more than 5 units of each product offered on the website. If you are interested in making purchases in excess of that amount or quantity, please contact our customer support service via our e-mail contactua@bimbaylola.com.

21. PRODUCT GUARANTEES AND INFORMATION

The BIMBA Y LOLA products offered on our website are a carefully selected sample of our collection. We have taken special care in showing the colours and characteristics of our products with great precision. Of course, each monitor is calibrated differently, and we cannot guarantee that your monitor shows entirely true colours.

The guarantee period for any product shall commence from the date of delivery (transfer) of the ordered BIMBA Y LOLA product to the user.

For seasonal BIMBA Y LOLA products (clothing, fur and other products), the guarantee period is calculated from the beginning of the relevant season, which is established by the applicable laws of Ukraine.

If the user exchanges the BIMBA Y LOLA products of good quality or exchanges the BIMBA Y LOLA products with significant defects, the guarantee period shall be calculated anew from the date of exchange of the BIMBA Y LOLA products of good quality or from the date of exchange of the BIMBA Y LOLA products with significant defects.

22. LIABILITY AND EXEMPTION FROM LIABILITY

None of these purchase conditions exclude or limit our liability for (1) death or personal injury cause by our negligence, (2) fraudulent statements, (3) any other liability that may not be limited or excluded according to applicable law.

Subject to the paragraph above, we shall not be liable for any damages (including lost of income, profits, contracts, business or expected savings) or loss of good will or reputation or losses due to special or indirect damages suffered or incurred by you as a result of or in connection with these Conditions, unless otherwise is provided explicitly by the applicable laws of Ukraine.

The content of this section does not affect your legal rights as a consumer, nor your right to terminate the contract.

23. EVENTS BEYOND OUR CONTROL

We shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed in a Contract, when the cause is due to events that are beyond our reasonable control ("Force Majeure").

Force Majeure includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:

  • Strikes, lock-outs or other protest measures.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions by other governments.

The existence of martial law on the territory of Ukraine as of the date of the Contract does not deprive the Company of the right to refer to martial law as Force Majeure in the future if such circumstances do not allow us to fulfill our obligations under the Contract.

Our obligation to fulfil any Contract shall be understood to be suspended during the period in which the Force Majeure situation remains in effect, and we shall be granted an extension in the period of time stipulated to fulfil our obligation while such a situation lasts. We will make every effort to bring an end to the Force Majeure situation or to find a solution by any means that enable us to fulfil our obligations under the Contract, despite the situation of Force Majeure.

24. PRIVACY POLICY AND COOKIES

I. RESPONSIBILITY

Who is responsible for the processing of Personal Data?

Controller 1: “MIX AND MATCH GROUP” LLC (the Company)
Postal address: Ukraine, 04050, Kyiv, 32B Hlybochytska St., office 210
Telephone: +38 0443449201 / +38 0635249211 [every day from 09:00 to 18:00 including weekends]
E-mail for personal data related issues: lopd@bimbaylola.com

Controller 2: Bimba & Lola, S.L.
Postal address: Parque Tecnológico y Logístico de Vigo, Nave D13 (36315 – Vigo – Spain)
Telephone: (+34) 886 440 871
E-mail: lopd@bimbaylola.com

The Company and Bimba & Lola, S.L. are acting as joint-controllers, which rights and obligations regarding processing your personal data, are regulated by the joint-controller agreement.

 

II. TYPES OF INFORMATION WE COLLECT

The Company and Bimba & Lola S.L. collects personal information, such as your name, postal address, e-mail address, telephone number and city, only when you voluntarily provide it to us. When you visit our website https://www.bimbaylola.com/ua_en/, we may receive certain information.

This information may include:

  • Your requests as a website visitor;
  • Data from your browser;
  • Cookies;
  • Your IP address;
  • Geographic location;
  • Number of visits to the website and page views;
  • Length of time spent on the website;
  • Queries you used when navigating the website.

 

III. PURPOSES

Why do we process your personal data?

In accordance with the provisions of the European General Data Protection Regulation (GDPR) 2016/679, Law of Ukraine “On Personal Data Protection”, as well as any applicable national legislation, we inform you that at the Company and Bimba & Lola S.L. request the data that is strictly required for the following purposes:

  1. To process your registration as a customer and manage the buying process.
  2. To send commercial communications about BIMBA Y LOLA products (e-mails, phone calls, SMS, PUSH notifications, post, etc.).
  3. The preparation of commercial profiles based on information from internal and external sources, with the aim of sending you personalised advertising and analysing your purchasing behaviour.
  4. To provide information on the shipping of BIMBA Y LOLA products.
  5. To communicate the status of BIMBA Y LOLA product returns and change of BIMBA Y LOLA products.
  6. To send the invoices of the purchase.
  7. Abuse and fraud prevention (fraudulent activities, denial-of-service attacks, among others).
  8. Disclosure of data to public bodies and authorities (administrative or judicial), providing that this is required under the legal and statutory provisions.
  9. Management of our customer service telephone service, whereby conversations may be recorded in order to deal with queries and requests, as well as for quality assurance purposes. Similarly, for the management of customer support and users of our website through our e-mail contactua@bimbaylola.com.

 

IV. PERSONAL DATA RETENTION PERIOD

How long will we keep Personal Data?

Your data will be kept for as long as we have a contractual relationship, it is necessary to fulfil the purpose for which it was obtained, or until you ask for it to be erased, as well as for the time necessary to comply with our legal obligations under the applicable laws.

 

V. LEGITIMATION

What is the legitimation of the processing of Personal Data?

The legal bases for the processing of your personal data corresponding to each of the purposes (1) to (9) included in Section 2 above (“Purposes”) are as follows:

Purpose (1), (4), (5), (6): The execution of a contract with the Company in relation to the purchase of BIMBA Y LOLA products.

Purpose (2): Consent expressly given to BIMBA & LOLA, S.L. at the time your personal data are collected.

Purpose (3): Consent expressly given to BIMBA & LOLA, S.L. at the time your personal data are collected in relation to the preparation of profiles based on external sources and the satisfaction of a legitimate interest pursued by BIMBA & LOLA, S.L. in relation to the preparation of profiles based on internal sources.

Purposes (7) and (8): The legal discharge of responsibilities applicable to the Company and BIMBA & LOLA, S.L.

Purpose (9): (i) The execution of a contract between the customer and the Company, when the enquiry or request is related to products acquired from the Company (order status, returns, etc.) and (ii) The Company's legitimate interest in dealing with and resolving queries or requests that do not relate to purchases made from the Company.

 

VI. RECIPIENTS

To which recipients will Personal Data be communicated?

Your personal data may be accessed by our suppliers when it is necessary for the correct provision of services and fulfillment of the purposes for which the data was obtained. In this regard, your personal data may be accessed by:

  1. transport and logistics companies,
  2. financial institutions, fraud detection and prevention companies,
  3. customer support providers,
  4. technological and analytical service providers,
  5. digital advertising and marketing providers that, in certain cases, may act as joint controllers.

In addition, your data may also be disclosed to public bodies and authorities (administrative or judicial) in those cases in which a legal regulation thus establishes it.

 

VII. RIGHTS

What are your rights when you provide us with your personal data and how can you exercise them?

You have the right to know about the sources of collection, location of your personal data, purpose of their processing, location or place of residence (stay) of the personal data owner or manager.

You have the right to receive information about the conditions for granting access to personal data, in particular information about third parties to whom your personal data is transferred.

You have the to receive a response on whether your personal data is being processed, as well as receive the content of such personal data not later than 30 (thirty) calendar days from the date of request receipt, except in cases provided for by law.

You have the right to access your personal data, as well as to request the rectification of inaccurate data or, where applicable, to request their suppression when, among other reasons, the data are no longer necessary for the purposes for which they were collected.

In certain circumstances, you will be able to request the limitation of the processing of your data, in which case we only will keep them for the exercise or defence of claims.

In certain circumstances and for reasons related to your particular situation, you will be able to oppose the processing of your data. The Company and BIMBA & LOLA, S.L. will cease to process your data, except for imperative legal reasons, or for the exercise or defence of possible claims.

In the same way, you can exercise your right to data portability, as well as to withdraw the consents given at any time, without this affecting the legality of the processing based on the consent given prior to its withdrawal.

If you wish to exercise any of your rights, you can contact us in writing at our e-mail address lopd@bimbaylola.com or our postal address: Ukraine, 04050, Kyiv, 32V Hlybochytska St., office 210. The request to exercise any of your rights must be accompanied by a copy of an official document that identifies you (for example, driving license or passport/ID card).

Finally, we inform that you can contact the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine in the field of personal data protection and other competent public authorities regarding any claim deriving from the processing of your personal data.

 

VIII. COOKIE POLICY

Web browsing (cookies)
The website https://www.bimbaylola.com/ua_en/ (hereinafter “https://www.bimbaylola.com/ua_en/”), property of BIMBA & LOLA, S.L., uses own and third-party cookies to collect information on the use of the website in order to customise the browsing experience and to improve our services. The purpose of this Cookie Policy is to provide information on said cookies so that you can decide on their management and use.

 

Strictly necessary cookies
BIMBA & LOLA, S.L uses essential internal-use cookies for the operation of https://www.bimbaylola.com/ua_en/, including those that enable authentication or maintenance of the registered user's session when browsing the site. Disabling these cookies prevents the correct functioning of some features on bimbaylola.com
Cookies_Consent (Cookies acceptance popup)
Dyndata (Shopping cart)
Store (To ascertain the visitor's purchase market)
Frontend, Frontend_cid (User login)
Customer_Group (Group to which the user belongs)

 

Analytical cookies
BIMBA & LOLA, S.L. uses analytical cookies to collect statistics on the user's activity on https://www.bimbaylola.com/ua_en/ and the general activity of the site. The collected information allows for optimal browsing on the site and guarantees the best service for the user
GOOGLE ANALYTICS: GOOGLE | https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage?hl=en
GOOGLE TAG MANAGER: GOOGLE | https://marketingplatform.google.com/intl/en/about/tag-manager/
YOUTUBE: GOOGLE

 

Advertising cookies
These are cookies normally stored by third parties that manage the advertising spaces that users view when they access https://www.bimbaylola.com/ua_en/. These cookies allow us to measure the effectiveness of our online campaigns, provide the user with relevant information, offer advertising content of the user's preference and limit the number of advertisements we make to each user.
DOUBLECLICK: GOOGLE | https://www.google.com/intl/en/doubleclick/
GOOGLE TAG MANAGER: GOOGLE
FACEBOOK: FACEBOOK | https://www.facebook.com/policies/cookies/

 

Social network cookies
Some social networks like Facebook or third-party websites and services offer advertisers the opportunity to develop personalized audiences in their own environments of the users of said networks, websites or services who visit https://www.bimbaylola.com/ua_en/
This allows advertisers to directly impact users in the environment of these third parties, offering information, promotions and advertising content that match the interests of the users.
FACEBOOK: FACEBOOK | https://www.facebook.com/policies/cookies/
GOOGLE: GOOGLE
YOUTUBE: GOOGLE | https://marketingplatform.google.com/intl/en/about/enterprise/

 

Deactivation and elimination of cookies
The user can configure their browser to block cookies and delete them, if necessary. However, by opting for this configuration, the user may not be able to access certain parts of https://www.bimbaylola.com/ua_en/ or may not be able to enjoy one or more of BIMBA Y LOLA's services. Unless the browser settings have been configured to reject cookies, the system will produce cookies whenever the user accesses https://www.bimbaylola.com/ua_en/
The user may restrict, block or delete the cookies from https://www.bimbaylola.com/ua_en/ at any time. To do so, the user must modify the browser settings regarding the use of cookies via the “Preferences”, “Options” or “Tools” menu (the menu names or the method of accessing the cookie options may vary depending on the browser used). For more information on how to configure cookies in the most common browsers, we recommend consulting the following link:
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies#
Mozilla Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored (erase cookies) and https://support.mozilla.org/en-US/kb/block-websites-storing-site-preferences (block cookies)
Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
Opera: https://www.opera.com/help/tutorials/security/privacy/
Safari: https://support.apple.com/en-gb/HT201265

 

BIMBA & LOLA, S.L. reserves the right to modify the current Cookies Policy as a result of a regulatory change or due to a change in their configuration. For this reason, we recommend that you periodically review this policy in order to be properly informed on how we use cookies and what we use them for.

25. APPLICABLE LEGISLATION

The use of our website and contracts for the purchase of BIMBA Y LOLA products via the website will be governed by Ukrainian legislation.

Any disagreement arising in connection with the use of the website or with the aforementioned contracts shall be resolved through negotiations.

If a dispute is not resolved through negotiations, it shall be resolved by the Ukrainian courts in accordance with the applicable laws of Ukraine.

If you are entering into a Contract as a consumer, nothing in this clause will affect your rights as recognised in current legislation.

You can also use our e-mail contactua@bimbaylola.com to address any enquiries or complaints to us.