1. Introduction
The general conditions set out below apply to all commercial transactions which take place via the website www.store.bqreaders.com from 13/12/2010 onwards.
These conditions govern the transactions which take place between the customers who acquire products via the website www.bqreaders.com and the seller, namely the Spanish company Mundo Reader through its bq brand, which is the owner of said website.
These conditions apply to all customers, regardless of the country in which the order has been placed, and shall always remain applicable unless they have been previously cancelled. Notification of said cancellation must be expressly provided in writing.
From time to time the general conditions may be modified: it is therefore advisable for customers to consult them every time they place a new order. The new conditions shall be applicable from the time of their publication on the Internet, and the exact date of their entry into force shall be indicated. They shall not apply to contracts which have been finalised prior to the publication of the new conditions, and each purchase shall therefore be governed by the general conditions in force at the moment of purchase.
The placing of an order by the customer implies, and shall be taken to indicate, that they have read and accepted the general sales conditions. Failure to read these conditions does not give exemption from the liabilities established herein.
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2. Orders and purchasing
Orders can be placed 24 hours per day, 365 days per year at the website www.store.bqreaders.com. To place an order, customers must first set up an account, which they will use every time they wish to place a new order.
In order to set up an account, and for reasons of security, customers need to provide the following information:
- Name and surname.
- National Identity No.
- A contact telephone number.
- The address to which the order will be delivered.
- The e-mail address to which the order-confirmation message will be sent.
After the order has been placed, it shall not be considered confirmed until the customer’s bank or building society confirms payment. When this has been confirmed, the customer will receive an e-mail requesting verification that the information provided is correct.
These measures are necessary in order to prevent bank fraud, protect our customers’ security and avoid making any errors when shipping the order.
2.1. Availability
The website may feature products which are not available immediately. These products can still be ordered, however, and will be shipped as soon as they enter the warehouse.
2.2. Information of the products
bq manufactures all the products it sells and produces all the information it provides regarding their applications, features, physical dimensions and other aspects. As the manufacturer, bq can vouch for the validity and truthfulness of the information it provides, although it shall not be held liable for any publication errors.
For images and photographs, however, only the image of the product itself may be considered contractually binding, not the accessories or “props”, which may differ in the final presentation of the item.
2.3. Prices
Purchase prices are shown in euros and include VAT. Shipping costs are to be borne by the customer and shall be added to the total cost of the products selected. The final price (i.e. the sum of the purchase price and the shipping costs) shall be shown before the order is confirmed and before the purchasing process is completed.
bq reserves the right to modify the prices of its products and the shipping costs at any time. Notwithstanding the foregoing, once an order has been placed bq shall not modify the purchase price and shipping costs pertaining to said order. In the event that any errors appear in relation to the price, for whatever reason, the order shall be cancelled.
2.4. Payment and invoicing methods
There are two ways to pay for an order: via credit card and via bank transfer. When the customer’s bank or building society has confirmed the payment, the order shall be considered confirmed.
bq reserves the right to cancel the transaction for reasons of security in the event that it detects any anomalies or suspects that the order is fraudulent.
bq shall issue a paper invoice only when this is requested by the customer. The order number and confirmation e-mail shall serve as proof of warranty. bq is not able to modify the invoice details if the original invoice is not delivered, including post-dating after the close of each quarter.
2.5. Delivery methods and times
Customers may purchase bq products at www.store.bqreaders.com from any country. Although the purchase price will not vary depending on shipping destination, the shipping costs will.
Products purchased from bq shall be delivered by a private shipping company to the address specified by the customer when the order was placed. The customer is responsible for providing accurate and complete delivery information, e.g. street name, post code, city and a valid contact telephone number. bq shall under no circumstances be held liable for any delays in delivery arising from the provision of incorrect or incomplete address information by the customer.
The order shall be delivered to the address that was specified at the moment the order was placed and confirmed in the confirmation e-mail. If the customer subsequently wishes to modify the delivery address, he or she shall be responsible for any additional costs on top of the purchase price that may be incurred.
It will take from 24 to 48 hours following placement of the order for the shipping company to make its first attempt to deliver the order to the address specified, depending on the destination.
Although bq will do everything in its power to respect these delivery times it shall not be held liable for the consequences of any delays to the delivery or the loss of any packages, if it has not been the cause of the delay or loss. Specifically, if an order is lost or damaged by the action of persons unrelated to the shipping process, by the customer or as a result of unforeseen and unpreventable circumstances or force majeure, bq shall not be held liable for the loss or damage.
In the event that bq is found to be held liable, the loss shall be covered by the insurance.
When the customer takes receipt of the product ordered, he or she is advised to check that everything is in order and in perfect condition. If the customer believes the wrong product has been delivered or is not happy with its condition, he or she must sign for receipt and specify the problem(s) in writing on the delivery note and in an e-mail to order@bqreaders.com.
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3. Claiming back VAT
When making payment the full price including VAT must be paid, regardless of the country in which the order is being placed. However, if the customer resides outside the European Union (EU) or in the Canary Islands, Andorra, Ceuta or Melilla, the VAT may be reimbursed.
In order to qualify for this reimbursement the value of the customer’s purchase must be equal to or in excess of 90.15 euros, and the products may not be purchased for commercial purposes (i.e. they may not be used in order to conduct business between companies). Customers have a maximum of three months in which to request the reimbursement of the VAT and submit the purchase invoice.
Companies with a CIF (Fiscal Identification Number) which authorises them to conduct business throughout the European Union also have the right to claim back the VAT.
Owing to the regulatory differences between countries, each individual or company must consult the regulations on claiming back VAT that are in force in their territory.
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4. Returns
4.1. Right to revoke or desist
Customers have 7 working days to withdraw from the contract and return any products they are not satisfied with. This time period shall start from the day on which the order was received, with the postage stamp being used as proof of the date of return.
Returned products must be sent to
Edificio Las Rozas, 23. Office 1
Ctra. La Coruña, km 23,200
28230 Las Rozas de Madrid (Madrid)
The product must be returned in its original packaging, in as-new condition and complete (i.e. with all accompanying accessories, manuals, cables, etc.), along with the invoice. If any of the accompanying items are missing, the product must be returned with a note specifying the missing items. Items which have been returned in an incomplete, broken or damaged state shall not be accepted, and items shall only be accepted if they have been used in accordance with the purpose for which they were designed.
The customer must bear the costs of all returns (unless the product delivered does not conform to the terms of the order). Returned products must be received in perfect condition and the customer shall be held liable for any damages or losses which may arise during shipping: it is therefore advisable that products be returned via certified post or via a shipping company and insured to their proper value.
If the customer complies with all the foregoing requirements they shall be reimbursed for the purchase price of the product, excluding shipping costs.
Customers must bear in mind that any personal data entered into devices which are subsequently returned to bq cannot be recovered. If a technical analysis of the product is made, within the context of the right to withdrawal, bq shall make every effort to reimburse the customer as soon as possible.
En caso de producto defectuoso, bq procederá, según corresponda, a la reparación, sustitución, rebaja del precio o resulución del contrato, gestiones que serán gratuitas para el cliente.
4.2. Returns due to non-conformance of product
In accordance with Royal Legislative Decree 1/2007, the conformance of all products sold by bq shall be covered by a legal warranty of two years’ duration.
The warranty indicates that the products must conform to a specific set of requirements (unless one or more of these requirements are not applicable as a result of circumstances specific to the case in question), namely:
- That they are in accordance with the description given by bq and possess the same qualities as the product which was shown to the customer in the form of a sample or model.
- That they are fit for the uses to which products of this type are ordinarily put.
- That they are fit for any special uses the customer may have required and informed bq of at the moment of entering into the contract, providing bq confirmed that the product was fit for said uses.
- That they are of the quality and performance that can ordinarily be expected for products of this type and which the customer can justifiably expect, taking into account the nature of the product and any public declarations that bq may have made regarding the specific characteristics of the product, particularly in its advertising or in the labelling.
bq shall not be subject to any obligations on the basis of such public declarations if it is unaware of them and if it is unreasonable to expect bq to be aware of them. bq shall also be free of any such obligations if the declaration in question had been corrected at the time the contract was entered into, or if there was no way that said declaration could have influenced the decision to purchase the product.
The foregoing requirements must be met in order for the aforementioned warranty to apply.
A device may only be considered to have been faulty or in a condition of non-conformance prior to its delivery when said fault or non-conformance becomes apparent during the first 6 months of its use (unless demonstrated otherwise, or unless this assumption is incompatible with the nature of the product or the nature of the fault or non-conformance).
If the fault or non-conformance only becomes apparent after the first 6 months, the customer must demonstrate that the problem originated at the factory and was not the result of improper use or the passage of time, if he or she wishes to make a claim under the terms of the warranty. It is therefore advisable to arrange an expert inspection in order to identify the cause of the fault or non-conformance and whether or not it is the result of improper use of the device. If it is shown that the fault lies with the factory, the customer shall have the right to make a claim under the terms of the warranty; however, he or she must bear the costs of the aforementioned expert inspection.
Claims for liability may not be made against instances of non-conformance which the consumer or user were aware of or could not have justifiably ignored at the time they entered into the contract, or which arise from the use of materials provided by the consumer or user. Nor may such claims be made in relation to defects arising from negligence, impacts, improper use or handling, incorrect voltage, incorrect installation by unauthorised personnel, or materials which have been subjected to wear through normal use.
If the product does not conform to the terms of the contract, the customer may choose to demand the repair or replacement of the product, except in cases where one of these two options is objectively impossible or disproportionate (i.e. where, in comparison to the other, a particular option would impose unreasonable costs upon bq, taking into account the value of the product had it been found to conform, the nature of the non-conformity in question and whether the alternative option can be taken without inconveniencing the customer unduly).
If the product can neither be repaired nor replaced by another of an identical nature, the customer may request a discounted price, reimbursement of the sum paid or the replacement of the product by another, different (i.e. non-identical) product of his or her choice.
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5. Manufacturer’s warranty
All products sold by bq come with an official manufacturer’s warranty, covering not only any manufacturing defects but also any breakdowns which may occur during the warranty period.
5.1 Warranties (general information)
The warranty shall not apply under the following circumstances:
- deterioration arising from adaptations, adjustments or modifications made to the product without the written agreement of the manufacturer.
- costs pertaining to periodic maintenance, repair or replacement of parts as a result of normal wear.
- deterioration arising from incorrect usage, whether as the result of improper use, failure to follow the manufacturer’s instructions regarding the use and maintenance of the product, or the improper or incorrect installation of programs.
- damage caused by the failure of a system of which the product may have formed part.
- damage caused by non-accredited personnel or the customer him/herself.
- damage caused by accidents, meteorological phenomena, flooding, fire or any other cause for which the manufacturer cannot be held liable.
- damage caused by the failure of a system of which the product may have formed part.
- when the product’s model number or serial number has been modified
- breakdown of accessories.
- products which have undergone repairs by technical services that are not accredited by bq.
bq may reject claims made under the terms of the warranty for the reasons listed above, providing in each instance justification for said rejection.
bq repairs its devices directly, without recourse to subsidiary repair services, and in excluding shipping coststhe event that a product is considered to be irreparable, cannot be repaired or where the cost of repairing it would be disproportionate in relation to its value, said product shall be replaced with an identical version. If this should not prove possible, the customer shall be offered a product of an identical or superior nature.
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6. Condiciones generales de soporte técnico
6.1 Atención teléfónica y online
bq ofrece soporte telefónico y online para todos sus productos. El horario de atención telefónica del soporte técnico de bq es de 9 a 18 horas de lunes a viernes, festivos excluidos, a través del número telefónico +34 917876706. El equipo de soporte de bq trabaja con el calendario de festividades de Madrid capital. bq ofrece atención online 24 horas al día, 7 días a la semana, festividades y fines de semana incluidos
6.2 Reparación y sustitución
bq se compromete a facilitar la reparación de cualquier dispositivo de su marca en un plazo máximo de 15 días. En el caso de reparaciones que, por sus especiales características o dificultad, sean prolongadas, bq proporcionará un dispositivo de sustitución provisional. Durante el periodo de garantía, si el equipo de soporte técnico de bq considera que el producto no puede ser reparado, será sustituido definitivamente por uno de similares o superiores características y prestaciones, siempre que las causas que imposibilitan la reparación no sean las especificadas como causantes de la perdida de garantía en la sección Garantía de la página web www.bqreaders.com.
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7. Legal action and liability
bq shall not be held liable for the failure to act in accordance with these conditions in the event of force majeure, failures attributable to the customer or in the event of unforeseen action taken by third parties unconnected to the contract.
It is recommended that the customer keep a copy of the data stored on the products he or she has acquired: bq shall not be held liable for any loss of data, files or, in general, any damage arising from the failure to make a security copy of data stored on the products acquired.
Nor shall bq be held liable for the consequences of the incorrect use of any products purchased via its website, or for the violation by one or more users of the rights of third parties as a result of actions carried out on its website.
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8. Protection of personal data
The personal data provided by customers are essential in order to ship orders and generate invoices and warranty contracts. When signing up on the website, customers commit themselves to providing valid personal data.
The personal data provided by customers are processed in accordance with the recommendations of the APD (Agencia de Protección de Datos, the Spanish Data Protection Agency) and the applicable legislation in force. bq has been authorised by the aforementioned organisation to obtain, process and use the personal data of its customers, with said data being subjected to computer processing. By providing their e-mail address, customers authorise bq to use this address in order to process purchase orders, facilitate their browsing and the purchase of items and to inform them via said address of notices pertaining to bq, its products and the websites www.bqreaders.com and store.bqreaders.com. The personal and/or financial data voluntarily provided to bq as the result of a commercial transaction shall not under any circumstances be divulged or sold to third parties; this data shall only be collected and stored in order to prevent it being accessed by unauthorised persons.
Customers may at any time exercises their right to access, rectify, cancel and oppose their personal data, in accordance with the Spanish and European laws in force.
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9. Intellectual property
The entire content of the website web www.bqreaders.com (including illustrations, text, names, brands, images, videos, etc.) is the property of bq and all rights are reserved, in accordance with copyright and intellectual property rights. Therefore, and in accordance with the Code of Intellectual Property Rights, usage of such is only permitted on a private basis and any other type of usage which does not have the prior agreement of bq (e.g. unauthorised reproduction or download) constitutes an offence which is punishable under the terms of intellectual-property law.
Consequently, any reproduction in whole or in part of the contents of the website www.bqreaders.com by any means and through any medium without the prior and express authorisation of bq is prohibited.
bq does not authorise the copying, publication or distribution of any of the aforementioned content to third parties who are not in possession of the corresponding intellectual property rights. Any fraudulent use of said content shall be considered an offence against industrial and intellectual property rights punishable under the terms of the Spanish Criminal Code.
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10. Trademark information
bq, bq readers, bq tablets and Avhra and their respective logos are trademarks owned by Mundo Reader S.L, registered in Spain and internationally. The trade names bq Avant, bq Avant XL, Movistar ebook bq, bq Cervantes, bq Pocket Plus, booq Classic, booq Pocket, bq Salgari, bq Salgari Plus, bq Verne, bq Verne Plus, bq Darwin, bq Voltaire, bq Pascal, bq Kepler, bq Galileo and bq Da Vinci are also owned by Mundo Reader. Calibre is free software owned by Kovid Goyal, the registered trademark Android and its logo are owned by the Open Handset Alliance and Google Inc, Mozilla Firefox and its logo are owned by the Mozilla Foundation, Internet Explorer and its logo are owned by Microsoft Corporation and Angry Birds and its logo are owned by Rovio Entertainment Ltd. Wi-Fi is a trademark registered by the Wi-Fi Alliance and Adobe and the Adobe logo are registered trade names owned by Adobe Systems Incorporated in the United States and/or internationally. DivX and the associated DivX logos are registered trade names owned by DivX, Inc. *** Other brand names appearing on the website www.bqreaders.com are the property of their respective owners.
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Avant 3
Movistar ebook bq
Cervantes 2
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