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 natural person, hereinafter "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 you to read this document carefully.


Purchases and other transactions made 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 the Protection of Consumer Rights and Law No. 19,628 on the Protection of Privacy. Acceptance of the Terms and Conditions detailed below is required for purchases made at www.bubba-bags.com.


Bubba will therefore strictly apply all the benefits, guarantees, and rights recognized for consumers in Law 19,496. Additionally, it declares that it fully adheres 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 the communication of any presentation, query or claim regarding the use of this site, or the transactions that take place therein, Bubba designates Mr. Rodrigo Alcalde Peñafiel, General Manager, as its special representative, domiciled for these purposes at Avenida Monseñor José María Escrivá de Balaguer No. 13,105, office 215, in the Commune of Lo Barnechea, Metropolitan Region. His authority to act on behalf of Bubba Chile SpA is based on a private instrument notarized on March 9, 2017, at the Santiago notary office of Mr. Iván Torrealba Acevedo, under his repertoire No. 4,011-2017.


In the case of communications via 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 may request the cessation of advertising shipments by Bubba and the obligation of Bubba to suspend such shipments 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 means of individual communication to any person who has expressly requested the suspension of such messages.


In the event that Bubba wishes to send teaser ads to users, all of the above requirements will be met, identifying the advertising agency responsible for producing the ads.


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


The User's simple visit to this site does not and will not impose any obligation on the User, unless the User unequivocally expresses, through positive acts, his or her willingness 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 that allows them to give their unequivocal consent regarding acceptance.


FOURTH: REGISTRATION.


Registration on the website www.bubbabag.cl and the use of a password are not mandatory for purchasing from the site; however, they provide personalized, confidential, and secure access to the site. By registering on the Bubba website, the customer must acknowledge and accept these Terms and Conditions.


By registering on the site, the User will provide their basic personal information and will be given a secret password, which they may access and even change if required. To activate the password, they must complete the registration form available on the site and send it to Bubba by clicking on the corresponding field. The use of this password is an essential requirement for purchasing as a registered user on the Bubba website. It is the User's sole responsibility to maintain its confidentiality. They must inform Bubba in the event of loss, theft, or misuse of the password by third parties not authorized by the User.


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 purposes 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 guest purchase option (without registering). Users must provide basic information for completing the purchase and receiving the products, as applicable. Use of this option implies understanding and acceptance of the Terms and Conditions contained herein.


FIFTH: INTELLECTUAL PROPERTY.

 

The "Bubba" trademark is a registered and valid trademark, and the Bubba website contains registered material, trademarks, logos, and other proprietary information owned by Big Brands SpA (hereinafter "Big Brands"), which has granted a license to Bubba Chile SpA for its use and exploitation. This license applies to information, text, designs, drawings, photos, and graphics that are 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 commercial images owned by Big Brands in Chile. These trademarks, creations, and commercial images may not be used in connection with any product or service that is likely to cause confusion among customers or in any manner that disparages or discredits Bubba or Big Brands. Other trademarks not owned by Bubba or Big Brands that appear on this site belong to their respective owners.


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


No product, trademark, image, graphic, design, and/or drawing may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose, in whole or in part. You may not frame or utilize 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 a licensee. You may not use meta tags or any other "hidden text" utilizing the name or trademarks of Big Brands or Bubba as a licensee without prior written authorization from them. Any 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 intellectual property 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 by clicking on the corresponding field:


  1. To begin the contracting process, the User must confirm that they have read and accepted these Terms and Conditions.
  2. Select the product you're interested in and add it to your shopping cart.
  3. Log in to the site or enter your email address and password. If you're not registered and want to register, use the "Register your password" icon. If you want to continue shopping without registering, select the "Guest Customer" option.
  4. Select the dispatch and delivery day that best suits you from the options available on the website. If no alternatives 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 continuing with the payment, the following will be displayed on your screen:
    1. A description of the product you selected to purchase.
    2. The price of the selected product.
    3. Indication of the cost of dispatch or shipping, if applicable.
    4. Delivery date, depending on the type of delivery chosen.
    5. Chosen payment method.
    6. Total value of the transaction, which includes the price of the selected product and the cost of shipping or dispatch, if applicable.
    7. Other conditions of the order.
    8. Possibility 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 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 limit of the selected payment method.
  9. Once the above has been completed, the contract is finalized by charging the selected payment method. The purchase receipt will then be sent electronically with the corresponding receipt or invoice. The product will be shipped according to the selected delivery method. The buyer's rights will not be affected, nor will they be charged without confirming their identity.

SEVENTH: PAYMENT METHODS AND SALES CONDITIONS


To purchase the various products offered on the Bubba website, all Users must provide a valid payment method, as permitted on the site. Users may use any commonly accepted credit or debit card issued by any national bank or non-bank issuer in Chile and operated through Mercado Pago, VentiPay, Flow, and Fintoc.


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


The transaction will be 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 such 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 said website, and will not be applicable to transactions or purchases made in other Bubba stores, nor will the prices established in other Bubba stores for the products sold there be applicable 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 stock is available and they are not modified by Bubba, a situation that must be reported through the same website.


NINTH: FORMATION OF CONSENT AND VALIDATION OF THE PURCHASE


Each purchase made on the www.bubbabags.cl website is subject to Bubba's validation of the following aspects: (i) the payment method used by the User, through validation by the issuer of the debit or credit card used as payment; 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 if the aspects indicated above are not validated.



TENTH: SHIPMENTS AND DELIVERY CONDITIONS


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


Once the transaction has been completed and validated, and written confirmation of the purchase has been sent to the email address provided by the User, Bubba will make every effort to deliver the products as quickly as possible. Therefore, Bubba undertakes to dispatch the purchase within 2 to 7 business days, meaning Monday through Friday, excluding holidays.


Upon delivery of the product, it is the User's responsibility to ensure that it is in optimal condition and free of tampering. It is the User's responsibility to ensure that the shipping address information provided on the Bubba website at the time of purchase is accurate and reliable, and that a person of legal age capable of receiving the products is present at the address provided by the User upon delivery.

Furthermore, the Customer shall 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, the Customer will be deemed to have accepted the products under the established conditions.

The User will be responsible for reporting any change of address provided at the time of purchase, within the time between purchase and delivery of the product. Any delivery errors caused by this reason will be the User's sole responsibility.


If, due to unforeseen circumstances or force majeure, Bubba is unable to ship certain products, the customer will be sent a link to the "Reversso" platform, which 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 sales periods, including the "Cyber ​​Day" sales period, for which specific delivery conditions will apply, taking place within 20 business days from the date of purchase. Any changes to the delivery conditions for the Cyber ​​Day sales period will be duly notified to users prior to their implementation, via 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 to exercise 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.


Without prejudice to 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 conferred the right of withdrawal in the offer thereof, the exercise of this right will be carried out in accordance with the provisions of Article 3º bis of Law No. 19,496, for which 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 their accessories and original packaging and in good condition, such as 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. Likewise, 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 been damaged due to an act attributable to the User. To exercise this right, the User must contact Customer Service during business hours by sending an email to contacto@bubba-bags.com to coordinate the return of the product.


TWELFTH: EXCHANGE POLICY


Bubba believes that every user is satisfied with their purchase. Therefore, all purchases made at www.bubbabags.cl are subject to the following Exchange Policy:


  1. CHANGES

If you purchase a product through the Bubba website and, for any reason, want or need to exchange it, you can do so at any physical store of the brand of the product you purchased or through https://bubbabags.reversso.cl/ , which will incur a shipping charge. The deadline for exchanging a product is 30 days from the date the receipt or invoice was issued.

Products must be unused, undamaged, and with their tags and original packaging. When exchanging, the User must present the receipt, invoice, or exchange ticket. If the User has lost the purchase document, they must request the receipt by emailing us at contacto@bubba-bags.com or by contacting the nearest store, who will contact the Customer Service team.

Exchanges will be free of charge only for the same product. However, if the User needs to exchange the product for another product, or for the same product but in a different color, they must pay the price difference, if applicable. If the User exchanges the product for a product of lesser value, the resulting price difference will not be refunded. Instead, the User must complete their order with additional products to complete the price paid.

If the User cannot find the product they need, they may return it through https://bubbabags.reversso.cl/ and Bubba will refund the amount paid within the established timeframes using the payment method used at the time of purchase.

Exchanges can only be made at Bubba physical stores. Therefore, if the User is unable to make the exchange in the manner described above because there is no physical store in their city or town of residence, the User may 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 technical specifications offered, is damaged, or is 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 one recorded at the time of purchase.


At the time of making the 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 store where the claim was filed within a maximum of 10 business days. Users may request email communications, which must be requested when claiming the warranty in-store, providing the relevant information.


If the failure is due to a product deficiency, the User will be authorized to exchange it for any product from 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" and 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 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 conditions of sale. In these cases, exchanges or 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 conditions of exchange or return.

THIRTEENTH: SCOPE OF THE CONDITIONS REPORTED ON THE SITE .


Bubba will not modify the terms and conditions under which it contracts with consumers on this site. While they appear on this site, the prices reported will be available to the user, even if they are not the same as those offered on other Bubba sales channels, such as physical stores, catalogs, television, radio, or others.


However, prices apply to the delivery or shipping city. If, once a product has been added to the shopping cart, the delivery or shipping 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 relating to merchandise, services, prices, stocks and conditions, promotions, and offers, will take effect before a purchase order is received and will only apply to future transactions, without affecting, in any way, any rights acquired by consumers.


Promotions offered on the Site may not necessarily be the same as those offered by Bubba through other sales channels. For promotions involving free or discounted delivery of one product with the purchase of another, the free or discounted delivery of the product will be made to the same location as the purchased product, unless the purchaser requests, upon accepting the offer, that the products be sent to different addresses, in which case the purchaser must pay the shipping cost for 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 website. The User is solely responsible for managing this password, and providing it to third parties or using it by such third parties will not incur any liability for Bubba.


User Responsibility Regarding Information Registered on the Site: Bubba will adopt the necessary and prudent measures to safeguard the security of the data and password, such as information encryption systems, security certificates, or others that the company deems appropriate. In the event of detecting changes in the information the User has registered on the site, or in the event of any irregularities in transactions related to their identification or payment method, or simply as a measure to protect their identity, Bubba will be authorized to contact them by phone or email to verify their data and attempt to prevent potential fraud.


If contact cannot be established within 72 hours, for your own security, the purchase order placed on the Bubba website cannot be confirmed. The User will be notified via email that their order has been cancelled due to their identity and the payment method offered. In addition, receipts for the efforts made to contact Users and confirm the transaction will be available in our offices for 30 days so you can confirm the purchase order. Any questions can be sent 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 desk to answer any questions they may have about the Terms and Conditions of use of its website www.bubbabags.cl and to resolve any issues related to 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 LEGISLATION AND JURISDICTION

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