1. Introduction and Applicable Legislation
Please review the general terms that govern the products offered and sold by BIMBA Y LOLA through the online store contained in this website.
This document contains the terms that govern the use of this website, hosted under the domain www.bimbaylola.mx, as well as any others as may be necessary, and the contract that binds us, BIMBA Y LOLA MEXICO, S.A. de C.V. (hereinafter, "BIMBA Y LOLA"), with registered office at Avenida Insurgentes Centro 64, Oficina B-601, Colonia Juárez, Cuauhtémoc, zip code 06600, in Mexico City (BIMBA & LOLA, S.L. and BIMBAYLOLA MÉXICO, S.A. DE C.V., and you, the user (hereinafter, the "Terms"). These Terms establish the rights and obligations of all users (hereinafter "you"/"your") and of BIMBA Y LOLA (hereinafter "we", "us" and "our") in relation to your browsing through the website, your status as a user, the rights and obligations related to this condition, as well as the commercial transactions and the use of the services that are contained on the website.
These Terms may be amended at any time, so you must read them before placing an order.
All the products offered on www.bimbaylola.mx are sold by “BIMBAYLOLA MÉXICO, S.A. DE C.V.”, with registered office at Avenida Insurgentes Centro 64, Oficina B-601, Colonia Juárez, Cuauhtémoc, zip code 06600, in Mexico City with RFC BME120829R28.
The use of our website and the contracts for any products purchased through it will be governed by Mexican law. Any dispute arising from or relating to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Mexican courts.
You can send us any questions or claims by using the form available on this page. In this regard, as concerns Section 10.1 of these terms, keep in mind that any claim must be filed within a 90 (ninety) days from the date a product is received, provided any alterations thereto are not the user's fault; and, for its part, BIMBA y LOLA will have up to 15 (fifteen) calendar days to settle this claim, in accordance with the provisions of Article 93 of the Federal Consumer Protection Act.
CONTACT: For any questions, queries or suggestions, you can send us your comments using our contact form.
2. Website Ownership
All the intellectual and industrial property rights associated with the web domain and its contents belong to BIMBA Y LOLA, meaning no user is authorized to make use thereof, or print them, or store them in any physical medium under any circumstances, save for their personal and private use; therefore, the modification, decompilation or commercial use of any part thereof is prohibited.
The use of the contents of the web domain is only authorized for information and service purposes, provided that the source is cited or referenced. The user is solely responsible for any misuse thereof.
Accessing this website does not give users any right to or ownership of the intellectual or industrial property rights or of the content it hosts. Users accessing this website shall not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information they contain without the express written consent of BIMBA Y LOLA.
The user is strictly forbidden from altering the content or structure of this website.
BIMBA Y LOLA reserves the right to pursue legal actions against users who violate or infringe any intellectual and/or industrial property rights.
If the user identifies any activity that may violate any intellectual or industrial property or any other kind of right, we request that they report it to us using our contact form.
The information shown on the website is the information in effect on the date of its last update. The company reserves the right to modify the contents of the web domain with no prior notice, and may limit or forbid access to this website.
BIMBA Y LOLA is not liable for any damage or loss to the user caused by any failures in system, the server or the Internet. BIMBA Y LOLA will not be liable for any virus that could infect the user's computer as a result of accessing, using or examining its website, or as a result of transferring any of the data, files, images, texts or audio contained therein. Users may not assign any liability to it or demand payment for loss of profits due to damages resulting from technical problems or failures in its systems or the internet. BIMBA Y LOLA does not guarantee continuous and uninterrupted access to and use of its site. The system may not be available due to technical difficulties or Internet failures, or due to any other circumstance not under the control of BIMBA Y LOLA; in these cases, we will attempt to restore it as quickly as possible. This shall not be construed as accepting any kind of liability.
BIMBA Y LOLA reserves the right to block any hyperlinks to its website that do not have its express prior consent.
If the website contains links to third-party content, BIMBA Y LOLA accepts no liability for the information contained on said third-party websites.
BIMBA Y LOLA will remove any link as soon as it becomes aware, by any means, of the illegal nature of its content or that it harms the goods or rights of a third party.
4. Terms and Conditions of Use
These terms have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a company.
These terms regulate the offer, purchase and shipping of BIMBA Y LOLA products between you and us.
BIMBA Y LOLA offers products exclusively to end users to purchase goods not intended for resale.
"End user" means any natural or legal person acting within www.bimbaylola.mx for purposes other than those that are specific to the commercial, business or professional activities that he or she normally engages in.
BIMBA Y LOLA reserves the right not to accept any orders placed by individuals who are not end users.
Only end users who have registered on the website may purchase the goods and services marketed therein, in accordance with the provisions of these general terms.
5. Requirements for Becoming a User
To be a website user, there are three options:
a) Become a registered user.
b) Register using a Facebook or Google account.
c) Log in as guest user.
By becoming a registered user, you can browse through the restricted access areas on the website, use those services that require you to identify yourself and purchase those BIMBA Y LOLA products that may be offered through it.
A user may be anyone of legal age who is legally capable of entering into contracts and who accepts these General Terms. Acquiring user status implies expressly reading and accepting, without any reservation, the terms contained in these general conditions, which the user states were known to him/her before accepting them, and which the user may store and reproduce.
The username and password generated, which will allow the registered user to identify himself/herself, are strictly personal and confidential. The registered user will be responsible for keeping them confidential. As a result, the registered user expressly accepts, unless he/she can prove otherwise, that we assume that any use made of the service using their login credentials is the result of the registered user's actions, unless the user has previously reported the loss or theft of said credentials.
The password may be freely changed by the registered user using the procedures we have provided for this purpose. The old password will be cancelled as an identification method when the new one is generated.
We may block access to and use of the website if we deem it necessary for security reasons. The service will be blocked automatically if three successive errors occur when attempting to enter a user's login credentials.
We will adopt the organizational and technical measures necessary in our computer equipment to ensure that the service is used properly by users and to avoid unauthorized access that is intended to unlawfully disclose the content of any of the user's financial information that may be accessible through the service.
6. User Obligations
The user is required to:
b) The user may not make any fraudulent, false or speculative orders. BIMBA Y LOLA reserves the right to cancel the order and/or inform the relevant authorities if it has reasonable grounds to consider it as such.
c) By placing an order on this website, you guarantee that you are over 18 years old and that you have legal capacity to enter into contracts.
d) Adopt the necessary security measures, both personal and material, to keep his/her username and password confidential, as well as to inform BIMBA Y LOLA immediately of the loss, theft, or unlawful access of their username, or if any third parties gain knowledge of it.
e) Always use the services offered on the website properly and in accordance with the law.
f) Not carry out any activity that hinders or interferes with the operation of the services included on the website.
g) Pay for the BIMBA Y LOLA products that he/she purchased through the website and for the shipping and payment processing expenses, if any.
All the information or communications we send you will be in writing, in accordance with the provisions of Article 52 of the Federal Consumer Protection Act; therefore, by using this website, you agree that most of the communications with us will be electronic. We will contact you by email or provide you with information by publishing the corresponding notifications on this website. Therefore, you consent to using this electronic means of communication and acknowledge that any contract, notification, information and other message we send you electronically complies with the legal requirements that they be in writing. This condition will not affect your legal rights. We may send you communications either to the email address or to the postal address you provide when placing an order. Notifications will be deemed to have been received and correctly made at the same time as they are posted on our website, 24 hours after an email has been sent, or three days after a postal letter is sent.
8. Scope of the Offer
The BIMBA Y LOLA products offered in bimbaylola.mx are distributed exclusively in the territories that comprise the Mexican Republic.
Any order with a delivery address located outside these territories will be rejected during the order process.
9. Contract With Bimba Y Lola and Order Acceptance
The content of our website is an invitation to do business, and is not legally considered an offer. Until your order is accepted by us, there will be no contract between you and us.
Once you click on "PLACE ORDER", you will receive an email as an acknowledgment of receipt. This does not mean that your order has been accepted, since your order is an offer you make to us to make a purchase. Orders are subject to verification and acceptance by us. We will confirm our acceptance by sending you an email informing you that the order is being sent (hereinafter, "Shipping Confirmation") within 7 days. Only then will the Contract between you and us be legal. Otherwise, the user's offer will be deemed rejected or not accepted.
Only the BIMBA Y LOLA products listed in the Shipping Confirmation will be covered under a contract. We will not be required to supply you with any other products that you may have ordered until we confirm their shipment by way of a separate Shipping Confirmation.
The contract with BIMBA Y LOLA may be in Spanish or English, as decided by the user.
BIMBA Y LOLA may refrain from accepting orders that do not provide sufficient solvency guarantees, or that are incomplete or incorrect, or if the BIMBA Y LOLA products are not available. This does not make us liable to you or to third parties. In any case, we are committed to informing you and, if we have already charged you the order amount, we will proceed to reimburse you the amount you have paid.
Once the above procedures are complete, the purchase order will be charged using the payment method selected. The payment receipt for the purchase will be emailed to the address provided, together with the purchase contract, and the product will be delivered as specified therein. In this regard, you authorize the corresponding charge to be posted to the payment method selected, on the understanding that the products will be delivered afterward.
10. Return Policy
You may terminate the contract under the following conditions:
a) Within thirty (30) calendar days after the order is placed.
b) Within 5 (five) business days after the day on which you or a third party specified by you, other than the carrier, takes material possession of the goods or, if the goods that make up your order are delivered separately, within 5 (five) business days after the day on which you or a third party specified by you, other than the carrier, takes material possession of the last of these goods. The above is in accordance with the provisions of Article 56 of the Federal Consumer Protection Act.
If you withdraw from the contract, BIMBA Y LOLA will reimburse you for any payment received from you, except for the return shipping costs, which must be covered directly by you as indicated in section (b) below.
If the recipient of the BIMBA Y LOLA products is different from the person who made the payment, the money will be refunded to the person who made the payment.
If you have placed an order made up of more than one item and you do not wish to return all the items on the order, we will only refund the amount of the items you wish to return. In this case, the delivery costs for the order will not be refunded in whole or in part. This is because the delivery costs to your home are fixed and are paid per order made. They are determined by the number of garments or items that make up the order.
The products can be returned:
a) Free of charge at any of our stores in Mexico (except for Outlet and El Palacio de Hierro stores).
b) By mail or courier, with the direct costs associated with the return, such as the shipping costs, payable by you. Under no circumstances will we accept returns COD. We will not be responsible for any loss, delay or shipment to a wrong address of any product you wish to return to us. We thus recommend that you send it by registered mail or with return receipt. The customer will also be responsible for proving that the items have been returned, which is why, for your safety, we recommend that they always be sent using a system that certifies delivery.
If returning by mail or courier, you must send the BIMBA Y LOLA products, together with the return form, to the following address:
BIMBA Y LOLA, Geodis México S.A. de C.V.
Autopista Mex-Qro. Km. 41.5, Nave 7, Cortina 24, Parque Industrial Tres Ríos, Cuautitlán Izcalli
54715, Estado de México
The return option will be available provided that the BIMBA Y LOLA products are returned in the same condition as you received them, together with their complete original packaging, labels and any related accessories. Remember, if you are returning jewelry or accessories, their security seal must be intact. If your return does not comply with these terms, you will not be entitled to receive a refund and the BIMBA Y LOLA products will be returned to you cash on delivery.
We will determine if the BIMBA Y LOLA products are in their original condition. You will be responsible for any decrease in the value of the products resulting from handling them in any way other than that necessary to preserve their nature, characteristics or operation. Any products that are returned damaged, incomplete, deteriorated, used or dirty due to the customer's use will not be reimbursed and will be returned to their send in cash on delivery.
Returned BIMBA Y LOLA products must be sent in one single delivery. We reserve the right not to accept BIMBA Y LOLA products from a single order that are returned and delivered at different times. Whatever payment system you use, the amount will be refunded as quickly as possible, but always within 15 (fifteen) calendar days from the date on which the consumer informs BIMBA Y LOLA of his/her decision to terminate the purchase contract. Notwithstanding the above, BIMBA Y LOLA may withhold the refund until it has received the products, or until the consumer has submitted proof of their return (whichever happens first).
You may exercise your right to withdraw by making any kind of unequivocal declaration indicating your decision to withdraw from the contract.
The foregoing paragraph shall not apply, meaning there will be no right of withdrawal, in the following cases:
1) The purchase of personalized products, which shall not be eligible for return once the order is placed. Personalized products are those whose manufacture involves an individual choice or decision made by the consumer, or that require customizing some of its characteristics or parts, such as the inclusion or engraving of a person's initials on the product. A product will not be considered personalized if it is made according to the standard options offered by BIMBA Y LOLA to the general public, such as color, print, size, etc.
2) For health and hygiene reasons, when purchasing sealed goods, such as underwear and swimwear, that have been unsealed after delivery.
10.1 Returning defective products
If you receive the incorrect order or one containing defective products, please contact us immediately using the contact form, specifying the error or defect, your personal details and the order identification details.
BIMBA Y LOLA products have a warranty of 90 (ninety) calendar days starting from the date of delivery.
If the warranty is deemed to be valid, the user may choose to request a replacement of the product(s) or, alternatively, to terminate the contract and, as a result, to receive a refund of any amounts paid. In either case, you can request a discount or compensation when the defective products have hidden defects that render them unsuitable for their normal intended uses, that reduce their quality or the conditions in which they can be used, or that, due to their nature, are not as safe as would be expected of them under reasonable use.
When the user opts for the refund, BIMBA Y LOLA undertakes to reimburse the price paid, including the return shipping expenses. The amount will be refunded using the same method used to pay for the purchase.
The item will be returned or replaced as soon as possible and, in any case, within 15 (fifteen) calendar days following the date on which we send you the email confirming the return or replacement of the item in question, as required by the provisions of Article 93 of the Federal Consumer Protection Act.
If there are any problems with the product packaging, you must notify the courier company when the order is received; failure to do so shall absolve BIMBA Y LOLA of any liability.
10.2 Returning gifts
If you have received an item as a gift, you will have to follow our usual refund procedure to exchange or return the item. The amount of the refund will be returned to the person who made the purchase using the same payment method.
11. Product Availability
You accept that the products offered by BIMBA Y LOLA in its online store are subject to stock limits. All orders for BIMBA Y LOLA products are subject to availability. If a product is not available when the order is placed, we will inform you as soon as possible, at which time you can change or cancel your order.
The prices of the products will be those shown on our website at the time of purchase.
BIMBA Y LOLA reserves the right to modify the products offered on the website at any time with no prior notice. These modifications shall not, under any circumstances, affect any orders for which we have already sent you a Shipping Confirmation.
12. Purchase Process
The following process is in effect for purchases made through the BIMBA Y LOLA website, and can be carried out in Spanish or English.
The user must access the online store hosted on the BIMBA Y LOLA website, where the BIMBA Y LOLA products that are available for purchase thereon are shown and described with the following information:
a) Product description, reference, size, characteristics, colors, materials and photograph.
b) Price per unit.
c) Shipping costs.
d) Special conditions, if any.
Once you have selected the Products, you must add them to the shopping basket icon included on the Website, indicating the number of each Product that you wish to acquire. Add items directly from the grid to your Shopping bag by selecting the item using the quick shop icon and the size (if applicable). From a product page, select color and size (if applicable), and simply add to your Shopping bag clicking on “ADD TO BAG”.
You can access the shopping basket summary that you must accept by clicking the "Checkout” button, which will display the following information:
d) Unit price.
e) Total price of each BIMBA Y LOLA product purchased.
f) Total purchase price.
g) Shipping costs.
If you wish choose to send an Order as a Gift, simply tick on the box “It´s a gift” and write a gift-card message.
Once the user has entered their information, they will access the shipping details, where they can review their shipping and billing information, change it and request an invoice or receipt.
They will then be asked to confirm the shipping, and they will again see the shipping and billing details and the payment method. If they wish, the user can choose the option of sending the order as a gift and writing a card with a message. The user must then accept the purchase terms by clicking on the "PLACE ORDER" button.
Once the user has confirmed the order, we will send a confirmation email with the details for the purchase order in question. We will also check the order to make sure it meets all the requirements for processing it. Once this check is complete, we will send you an email confirming the order and its dispatch (Shipping Confirmation) or rejecting the order.
13. Shipping Policy
BIMBA Y LOLA products are shipped through a courier company. The order placed by you will be delivered to you within 15 business days from the time we confirm your order.
Standard shipping is free on orders over $2,000.00 MXN.
The standard shipping cost is $125.00 MXN.
The cost of express shipping is $175.00 MXN and the delivery period is 1-2 business days.
Once the order is shipped from our warehouses, an email will be sent to you notifying you that your order has been accepted and is being delivered.
Orders will be sent to the delivery address you specify on your form, so it is important that you pay attention when filling out the delivery address. We will not be held responsible if the delivery address is incorrect or incomplete.
You can track the status of your order through the "Account" area on our website.
For security reasons, BIMBA Y LOLA will not send any orders to post office boxes or military bases, nor will it accept any orders when it is not possible to identify the recipient of the order and their address.
If you choose to pay using PayPal, for security reasons, you cannot change the shipping address once the order has been processed.
14. Inability to Deliver
If the period specified in the shipping section for the shipping method selected by you has elapsed without your order being received, you have to inform BIMBA Y LOLA of this situation.
If it is impossible for us to make the delivery, the courier company will contact you again to arrange a new delivery date. If, at that time, you wish to change the address and/or delivery method initially selected, any expenses associated with these changes will be borne by you.
If there is no response from the customer, we will return any orders that cannot be delivered within fifteen calendar days after the courier company makes the first attempt.
Once the order reaches our warehouse, we will proceed to issue a reimbursement for the order amount as well as the delivery costs. If you have expressly selected a delivery method different from the least expensive regular shipping method, BIMBA Y LOLA will not reimburse you for any additional costs associated with it. Likewise, the cost of returning the order (to our warehouse) will be borne by you.
When your order is delivered, please verify that your order is correct. If there is any discrepancy or problem with the order, you must contact BIMBA Y LOLA using the contact form. Enter your personal details and order number and let us know the discrepancy or problem and we will contact you shortly to resolve the incident, which is required to be done within 15 (fifteen) calendar days following the day on which said discrepancy or problem was reported, in accordance with the provisions of Article 93 of the Federal Consumer Protection Act.
15. Transfer of Risk and Ownership
The user becomes the owner of the BIMBA Y LOLA products once they receive the Shipping Confirmation and the items leave the warehouse. Responsibility for the BIMBA Y LOLA products is transferred to the user when the order is delivered.
16. Currency, Taxes and Payment Method
The prices on our website are shown in Mexican pesos, and include Value Added Tax (VAT).
According to Mexican law, we are required to issue an invoice and/or sales receipt for any order, regardless of the amount.
The prices of the products will be those shown on our website at the time of purchase.
BIMBA Y LOLA reserves the right to change the prices shown on the website with no prior notice. These modifications shall not, under any circumstances, affect any orders for which we have already sent you a Shipping Confirmation.
Any rights recognized by the applicable law are protected.
BIMBA Y LOLA accepts payments with credit or debit card (Visa, Visa Electron, MasterCard, Maestro and American Express) and PayPal.
To protect the security of credit or debit card payments, we use secure payment systems. The confidential payment details are encrypted (SSL) and transmitted directly to the bank. When making the payment through the secure payment system, the system will automatically verify that the credit card is enabled for secure e-commerce. It will then connect to the bank that issued the card, which will authorize the operation.
Any refunds will be made using the same payment method.
BIMBA Y LOLA complies with the regulations required by the different payment methods that can be used to make a purchase.
BIMBA Y LOLA reserves the right to verify the personal data and take the measures needed to ensure that the merchandise is delivered correctly.
17. Gift Option
You have the option to send gifts through our website. You need to make the purchase on your device as usual, enter the delivery address and check the "It's a gift" option.You can also write a personalized message for the recipient. When you choose this option, the order will be wrapped together.
If you provide personal information on third parties, you guarantee that you have the permission needed to process it. You are also required to inform said third parties of the terms and conditions for processing their data. As a result, we assume that when users provide information on third parties, they have all the relevant authorizations for processing it and, in this regard, they hold BIMBA Y LOLA harmless regarding how their Personal Data is used in accordance with the purposes for which they provide us with the information.
18. Purchase Limits
For security reasons, you will not be able to place orders over $70,000.00 MXN or that contain more than 30 items over the span of 15 days. If you are interested in making purchases that exceed this amount or number of items, please contact our customer service through our contact form.
19. Product Guarantees and Information
The products we offer on our website are carefully selected from our collection. We have taken special care to show the colors and characteristics of our products in great detail. Of course, each monitor is calibrated differently and we cannot guarantee that your monitor will display the colors or characteristics with complete accuracy.
20. Liability and Exemption From Liability
Nothing in these terms of purchase excludes or limits our liability for (1) death or personal damage caused by our negligence, (2) fraudulent declarations, (3) any other liability that cannot be limited or excluded by the applicable law.
Subject to the above paragraph and to the extent permitted by law, we shall not be liable for economic losses (including loss of income, data, profits, contracts, business or expected savings) or for loss of goodwill or reputation or loss due to special or indirect damages suffered or incurred by you arising from or in connection with these Terms.
The provisions of this section do not affect your legal rights as a consumer or your right to withdraw from the contract.
21. Events Beyond Our Control
We will not be responsible for any breach or delay in the fulfillment of any of the obligations we accept pursuant to a contract whose cause is attributable to fortuitous events or force majeure and which are beyond our control.
Fortuitous events or force majeure are acts, events, omissions or accidents that are beyond our control, such as the following:
- Strikes, lockouts or other types of employment actions.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
- Fire, explosion, storm, flooding, earthquake, landslides, epidemic or any other natural disaster or health emergency.
- The inability to use trains, boats, aircraft, powered conveyance or other means of public or private transportation.
- The inability to use public or private telecommunications systems.
Our obligation to comply with any contract is understood to be suspended for the duration of the fortuitous event or force majeure, and that our deadline for fulfilling our obligations will be extended for as long as said event is in progress. We will make every reasonable effort to find a solution that allows us to fulfill our contractual obligations despite the fortuitous event or force majeure.
a) These Terms shall constitute the full agreement between you and us in relation to the purpose of said Terms, and shall substitute and replace in full any previous understanding, communications and agreements with respect to the purpose of these Terms.
b) Nothing in these Terms or in the Contract shall create or be deemed to create a company, joint venture, agency, a fiduciary relationship or an employer-employee relationship between you and us.
c) If any clause in these Terms or of a Contract becomes or is declared by any competent court as invalid or inapplicable, said invalidity or inapplicability shall not affect any other clause or part thereof in any way, which shall remain in full force and effect, provided that these Terms or any Contract can remain in force without the clause that is inapplicable.
d) You may not assign your rights or transfer your obligations pursuant to these Terms or to a Contract without our prior written consent. For its part, BIMBA Y LOLA may assign its rights and transfer its obligations under these Terms or under a Contract to any third party without your prior consent. These Terms and any Contract shall be binding and shall be for the benefit of the respective legal representatives, successors and authorized assignees of the parties.
e) No breach or delay by us or by you in exercising any right or remedy pursuant to these Terms or to a Contract shall be construed as a waiver of said right or remedy, not shall it extend or affect any other or subsequent event, nor shall it affect any right or remedy in respect of it, nor shall it modify or diminish in any way our rights or your rights pursuant to these Terms or to a Contract. Our rights and remedies included in these conditions are cumulative and do not exclude any rights or remedies provided for by law.
f) All processes, correspondence and contacts between you and us will be done or carried out in Spanish or English.
g) BIMBA Y LOLA reserves the right to alter, modify, add or otherwise vary these Terms of sale as appropriate, at its sole discretion and without prior notice, and in the manner it deems appropriate. The user shall be bound by these modified Terms, and must read them before placing every Order. In any case, if the user continues to use the Website and the Services after said modification, they shall be deemed to have been accepted by the user.
h) The user agrees to undertake any actions or to execute and formalize all the agreements that may be required by law or that may be necessary to give full effect to any Contract and to ensure that BIMBA Y LOLA fully benefits from the rights, powers and remedies conferred on BIMBA Y LOLA under said Contract.