TERMS AND CONDITIONS

FIRST: GENERAL CONDITIONS


Terms of use of the website www.bubbabags.cl hereinafter “Bubba”.


Bubba appreciates your interest in our company and your visit to our website. By registering and using the Bubba website, the individual, hereinafter referred to as the “User,” agrees to comply with the conditions set forth in these Terms and Conditions, which govern the use of our website and the scope of the services provided through it. Therefore, we ask that you read this document carefully.


Purchases and other transactions carried out through this website, hereinafter also referred to as “www.bubba-bags.com”, are subject to these Terms and Conditions, as well as current Chilean legislation, in particular Law No. 19.496 on Consumer Protection and Law No. 19.628 on the Protection of Privacy. Acceptance of the Terms and Conditions detailed below is a requirement for purchasing from www.bubba-bags.com.


Bubba will therefore strictly apply all the benefits, guarantees, and rights recognized in favor of consumers under Law 19.496. Additionally, it declares its full adherence to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce, which is available at the following link: https://www.ccs.cl/prensa/publicaciones/CodigoBuenasPracticas_02.pdf 


SECOND: COMMUNICATIONS .

 

For any inquiries, consultations, or complaints regarding the use of this site or the transactions carried out on it, Bubba designates Mr. Rodrigo Alcalde Peñafiel, General Manager, as its special representative. His address for these purposes is Avenida Monseñor José María Escrivá de Balaguer No. 13.105, office 215, in the Municipality of Lo Barnechea, Metropolitan Region. His authority to act on behalf of Bubba Chile SpA is established in a private instrument notarized on March 9, 2017, at the Santiago notary office of Mr. Iván Torrealba Acevedo, under his repertory No. 4.011-2017.


In the case of communications by electronic means, Bubba undertakes that if it sends Users advertising or promotional information by email, it will contain at least the following information:

  1. a) Identification of the message, making it recognizable as advertising or promotional communication, in the subject field of the message.
  2. b) Clear and precise identification of the sender of the message.
  3. c) Suitable means by which the User can request the cessation of advertising mailings by Bubba and the obligation of Bubba to suspend such mailings in response to this request, indicating an email address for these purposes.


Bubba will cease sending advertising or promotional messages by email or other equivalent individual means of communication to any person who has expressly requested the suspension of such mailings.


In the event that Bubba wishes to send users teaser advertising, all the above requirements will be met, identifying the advertising agency in charge of carrying out this advertising.


THIRD: FREEDOM OF NAVIGATION and ACCEPTANCE OF THE TERMS AND CONDITIONS.


Simply visiting this site does not impose, nor will it impose, any obligation on the User, unless the User unequivocally expresses, through positive actions, their intention to contract with Bubba to acquire the goods or services it offers, in the manner indicated in these Terms and Conditions.


To accept these Terms and Conditions, the User must click where the Bubba website indicates the acceptance option with the phrase "I have read and accepted" or another equivalent phrase that allows them to give their unequivocal consent regarding the acceptance.


FOURTH: REGISTRATION.


Registration on the website www.bubbabag.cl and the use of a password are not mandatory requirements for making purchases; however, they facilitate personalized, confidential, and secure access to the site. By registering on the Bubba website, the customer must declare that they know and accept these Terms and Conditions.


Upon registering on the site, the User will provide their basic personal information and will be given a secret password, which they can access and modify as needed. To activate the password, the User must complete the registration form available on the site and submit it to Bubba by clicking on the designated field. Using this password is essential for making purchases as a registered user on the Bubba website, and it is the User's sole responsibility to maintain its confidentiality. The User must inform Bubba in case of loss, theft, or misuse of the password by unauthorized third parties.


It is the User's responsibility to provide accurate and up-to-date information. The information provided by the User in connection with the purchase of products offered on the Bubba website will be treated confidentially and may be used by Bubba exclusively for the purpose of processing the purchase and shipping, as applicable.


Users who do not wish to register may purchase products offered on the Bubba website through the "Buy as Guest" option (without registering), providing the basic information necessary for the purchase and delivery of the products, as applicable. Use of this method implies knowledge and acceptance of the Terms and Conditions contained herein.


FIFTH: INTELLECTUAL PROPERTY.

 

The “Bubba” brand is a registered and valid trademark, and the Bubba website contains copyrighted material, trademarks, logos, and other proprietary information owned by Big Brands SpA (hereinafter “Big Brands”), which has granted Bubba Chile SpA a license for its use and exploitation. This license covers information, text, designs, drawings, photos, and graphics protected by Chilean and international intellectual property laws. The graphic materials, logos, page headers, advertising slogans, button icons, and written text included on this site are trademarks, creations, or trade dress owned by Big Brands in Chile. These trademarks, creations, and trade dress may not be used in connection with any product or service that could cause confusion among customers or in any manner that disparages or discredits Bubba or Big Brands. All other trademarks not owned by Bubba or Big Brands that appear on this site belong to their respective owners.


The user of this website acknowledges that they do not acquire any rights to the trademarks, logos, designs, drawings, photos, graphics, or any other information contained on this site. Information downloaded from this website is the exclusive property of Bubba, as a licensee of Big Brands.


No product, brand, image, graphic, design, and/or drawing may be reproduced, duplicated, copied, sold, resold, visited, or exploited for any purpose, in whole or in part. Framing or using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) owned by Big Brands or Bubba as licensee is also prohibited. Furthermore, meta tags or any other "hidden text" using the name or trademarks of Big Brands and Bubba as licensee may not be used without the prior written authorization of these companies. Misuse of this site or the trademarks, licenses, or patents contained herein is prohibited. The foregoing is without prejudice to the exceptions expressly provided by law.


Bubba respects the intellectual property of others. If anyone believes their work has been copied in a way that constitutes copyright infringement, they should contact us at contacto@bubba-bags.com  


SIXTH: HOW TO BUY.


To make purchases on this site, the User must follow the procedure described below, clicking on the corresponding field:


  1. To begin the hiring process, the User must confirm that they have read and accepted these Terms and Conditions.
  2. Select the product you are interested in and add it to your “shopping cart”.
  3. Log in to the site or enter your email address and password. If you are not registered and wish to do so, use the "register your password" icon. If you wish to continue shopping without registering, select the "Guest Customer" option.
  4. Select the dispatch and delivery date that best suits you from the available options on the site. If no options are available, the delivery instructions you must follow will be provided as indicated on the website.
  5. Select your payment method.
  6. Once the order is placed, before proceeding with the payment, the following will be displayed on your screen:
    1. A description of the product you selected to buy.
    2. The price of the selected product.
    3. Indication of the shipping or handling cost, if applicable.
    4. Delivery date, depending on the type of shipping chosen.
    5. Chosen payment method.
    6. Total value of the transaction, which includes the price of the selected product and the shipping or delivery cost if applicable.
    7. Other order conditions.
    8. Ability to print and store the order.
    9. Unique order number, which the User can use to track it online.
  7. Once the purchase order is completed, the information described in the previous point will be sent to the email address provided by the User.
  8. The order placed will then automatically go through an identity confirmation process, always safeguarding the security and privacy of the User and the contracting process, availability, validity and credit limit of the payment method that has been selected.
  9. Once the above steps are completed, the contract is finalized, the selected payment method is charged, and the purchase receipt or invoice will be sent electronically. The product will then be shipped according to the selected delivery method. The buyer's rights will not be affected, nor will any charges be applied until their identity has been verified.


SEVENTH: MEANS OF PAYMENT AND CONDITIONS OF SALE


To purchase any of the products offered on the Bubba website, all users must provide a valid payment method from those accepted on the site. Users may use any credit or debit card that is commonly accepted , issued by any national bank or non-bank issuer in Chile, and that can be processed through Mercado Pago, VentiPay, Flow, and Fintoc.


In the case of purchases made with credit cards, these are subject to the provisions contained in the contract between the customer and the card issuer.


The transaction is subject to verification by the credit card issuer or other payment method chosen by the User. A transaction will not be considered complete until Bubba receives authorization from the respective financial institution. If Bubba does not receive this confirmation, the purchase will be canceled.


EIGHTH: PRICES AND PROMOTIONS


The prices displayed on the website www.bubba-bags.com will only apply to purchases made on that website and will not apply to transactions or purchases made in other Bubba stores. Similarly, prices set by other Bubba stores for products sold in those stores will not apply to the website www.bubbabags.cl.


All promotions and offers contained on the website www.bubbabags.cl will remain valid for the period indicated on the site, provided there is stock availability and they are not modified by Bubba, a situation that must be reported through the same site.


NINTH: FORMATION OF CONSENT AND VALIDATION OF THE PURCHASE


Each purchase made on the website www.bubbabags.cl is subject to validation by Bubba of the following aspects: (i) Payment Method used by the User, through validation of the issuer of the debit or credit card used as a payment method; and (ii) Data provided by the User to Bubba, by sending an email to the address provided by the User.


Bubba is authorized to cancel the purchase made if the aspects indicated above are not validated.



TENTH: SHIPPING AND DELIVERY CONDITIONS


The shipping and delivery conditions for products purchased on www.bubbabags.cl can be chosen from the options offered on the site.


Once the transaction is completed and validated, and written purchase confirmation is sent to the email address provided by the User, Bubba will make every effort to deliver the products as soon as possible. In this regard, Bubba commits to shipping the purchase within 2 to 7 business days, defined as Monday through Friday, excluding holidays.


Upon delivery, it is the User's responsibility to verify that the product arrives in optimal condition and unaltered. The User is also responsible for ensuring that the shipping address provided on the Bubba website at the time of purchase is correct and accurate, and that an adult capable of receiving the products is present at the address provided.

Furthermore, it is established that the Customer will have a maximum period of 15 days after delivery to declare in writing to Bubba that the delivered product is incomplete or incorrect. After this period, it will be understood that the Customer has accepted the products in the established conditions.

It is the User's responsibility to inform the company of any change of address provided at the time of purchase, within the period between purchase and delivery of the product. Any delivery errors caused by this change will be the sole responsibility of the User.


If, due to unforeseen circumstances or force majeure, Bubba is unable to ship certain products, the customer will be sent a "Reversso" link, a platform that facilitates refunds through Mercado Pago. The refund will be processed within 10 business days from the date the bank details are received.


The above will apply to purchases made during promotional periods, including the "Cyber ​​Day" sales period, for which specific shipping conditions will apply. Delivery will be made within 20 business days following the purchase date. Any modifications to the delivery conditions for the Cyber ​​Day sales period will be duly communicated to Users prior to their implementation through the website www.bubbabags.cl


ELEVENTH: RIGHT OF WITHDRAWAL .


Pursuant to the provisions of letter b) of article 3 bis of law No. 19.496, Bubba hereby expressly excludes the right of withdrawal for purchase and sale transactions carried out through the website www.bubbabags.cl , which implies that for the aforementioned transactions the User may not unilaterally withdraw from the purchase by invoking this right.


Notwithstanding the foregoing, and in the case of specific products for which the right of withdrawal cannot be excluded under current legislation, and/or in the case of specific products for which Bubba has exceptionally granted the right of withdrawal in the offer thereof, the exercise of this right shall be carried out in accordance with the provisions of Article 3 bis of Law No. 19.496. The User may unilaterally withdraw from the contract within 10 days from receipt of the product, returning the product(s) purchased online unused, with all original accessories and packaging in good condition, including labels, warranty certificates, and protective elements, which will be certified by Bubba upon receipt of the product. Additionally, the User must include the original receipt or invoice, or any document that proves the purchase. Furthermore, in the event that the circumstances described in this paragraph occur, the User may not, under any circumstances, exercise the right of withdrawal if the product has deteriorated due to an act attributable to the User. To exercise this right, the User must contact the Customer Service area during business hours by sending an email to contacto@bubba-bags.com to coordinate the return of the product.


TWELFTH: CHANGE POLICY


At Bubba, it's very important that the user is satisfied with their purchase. Therefore, all purchases made on www.bubbabags.cl will be subject to the following Exchange Policy:


  1. CHANGES

If a user purchases a product through the Bubba website and, for any reason, wishes or needs to exchange it, they can do so at any physical store of the brand or through https://bubbabags.reversso.cl/ , which incurs a shipping fee. The exchange period is 30 days from the date of the receipt or invoice.

Products must be unused, undamaged, and with their original tags and packaging. When making an exchange, the customer must present the receipt, invoice, or exchange slip. If the customer has lost the purchase document, they should request a copy by emailing contacto@bubba-bags.com or contacting their nearest store, which will then get in touch with the Customer Service team.

Exchanges are free only if the product is the same. If the user wishes to exchange the product for a different one, or for the same product in a different color, they must pay the price difference, if applicable. If the user exchanges the product for a lower-priced item, the price difference will not be refunded; instead, the user must add items to their order to complete the purchase.

If the User does not find the product they need, they can return it through https://bubbabags.reversso.cl/ and Bubba will refund the amount paid within the time frame established by the payment method used at the time of purchase.

Exchanges can only be made at Bubba physical stores. If the User is unable to make an exchange as described above because there is no physical store in their city or town of residence, the User can make the exchange or return through the "Reversso" link: https://bubbabags.reversso.cl/


  1. LEGAL GUARANTEE


If the product purchased by the User does not meet the advertised technical specifications, is damaged, or incomplete, the User may exchange it within 180 days of the purchase date at any of the brand's stores. To do so, the User must present the purchase receipt or invoice, which must match the information registered at the time of purchase.


Upon request, the returned product will be sent to the analysis department, where the defect will be evaluated to rule out misuse. The response will be available at the same store where the claim was made, within a maximum of 10 business days. The user may request that communications be made via email, which must be requested when claiming the warranty in-store, providing the corresponding information.


If the failure is due to a product deficiency, the User will be entitled to exchange it for any product in the store, or to request a refund of the amount paid as indicated on the receipt or purchase invoice.


To process the aforementioned refund, the User will be asked to complete the information through "Reversso" in order to then issue a Credit Note and make a transfer through Mercado Pago for the corresponding amount, within a period of no more than 10 business days from the acceptance of the use of the guarantee.

https://bubbabags.reversso.cl/

3. Exceptions to the Right of Withdrawal and Exchange:

During certain special events, such as warehouse sales or clearance sales, the products offered will be subject to specific sales conditions. In these cases, exchanges and returns will not be accepted, except in the case of manufacturing defects or obvious damage to the product. By making a purchase during these events, the customer agrees that the products purchased are not subject to the standard exchange or return policies.

THIRTEENTH: SCOPE OF THE CONDITIONS INFORMED ON THE SITE .


Bubba will not modify the terms and conditions under which it has contracted with consumers on this site. While displayed on this site, the prices shown will be available to the user, even if they differ from those offered through other Bubba sales channels, such as physical stores, catalogs, television, radio, or others.


However, the prices shown are applicable to the city of delivery. If, after adding a product to the shopping cart, the delivery address is changed to a different city, the total price of the product will change according to the shipping costs to the new city.


Any changes to the information published on this site, including those related to merchandise, services, prices, stock and conditions, promotions and offers, will take place before receiving a purchase order and will only refer to future transactions, without affecting, in any case, rights acquired by consumers.


The promotions offered on the website may not necessarily be the same as those offered by Bubba through other sales channels. In promotions that consist of a free or discounted product with the purchase of another, the free or discounted item will be delivered to the same address as the purchased product, unless the buyer requests, upon accepting the offer, that the products be sent to different addresses, in which case they will be responsible for the shipping costs of both products.


FOURTEENTH: DATA SECURITY AND SECRET KEY


When logging into an account created on the Bubba website, the User must enter their password to make each purchase. This will allow personalized, confidential, and secure access to the information stored on the site. The User is solely responsible for managing this password, and Bubba assumes no liability for its disclosure to or use by third parties.


User Responsibility Regarding Information Registered on the Site: Bubba will take the necessary and prudent measures to safeguard the security of data and passwords, such as information encryption systems, security certificates, or other measures that the company deems appropriate. If changes are detected in the information that the User has registered on the site, or in the event of any irregularity in transactions related to their identification or payment method, or simply as a measure to protect their identity, Bubba is authorized to contact them by telephone or email to verify their information and attempt to prevent potential fraud.


If we are unable to establish contact within 72 hours, for your own security, the purchase order placed on the Bubba website cannot be confirmed. You will be notified by email that your order has been canceled due to our inability to verify your identity or the payment method provided. Furthermore, records of our attempts to contact you and confirm the transaction will be available at our offices for 30 days, so you can verify your purchase order. Any questions can be directed to contacto@bubba.bags.com.


However, Users and/or Buyers are solely responsible for the loss, misuse or unauthorized use of the validation code, whether by themselves or by third parties, after the purchase has been made in the manner expressed in the Terms and Conditions.


FIFTEENTH: USER SERVICE


Bubba will provide its Users with a help service to answer any questions they may have about the Terms and Conditions of use of its website www.bubbabags.cl and to solve any problems with the sale of products offered by Bubba.


Consumers can use the service by sending an email to: contacto@bubba-bags.com 


Contact email: contacto@bubba-bags.com


SIXTEENTH: APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the Republic of Chile. Any controversy or dispute arising from the use of the Bubba website, its Terms and Conditions and Privacy Policy, its validity, interpretation, scope or compliance, shall be subject to the applicable laws of the Republic of Chile and shall be heard by its Ordinary Courts of Justice.