Terms of service
BLINKI General Terms and Conditions of Sale
These General Terms and Conditions of Sale ("Terms and Conditions"), together with any applicable special terms and conditions, govern purchases of products made by users ("Users") through the online store accessible through myblinki.com (the "BLINKI Store"). These Terms and Conditions will be incorporated into your purchase agreement (the "Agreement") when you click on the "Complete Purchase" button in the electronic purchase process.
Any rights or guarantees contained in these General Conditions resulting from the applicable regulations on consumer protection and users, apply exclusively to those buyers who hold such status.
UNDERTAINMENT S.L., (hereinafter, "UNDERTAINMENT"), with registered office at C/ Ronda De Calabassa, núm. 18 D, 28041, Madrid, Spain and Tax Identification Number B- 87645883, is the seller of the products and services offered through the BLINKI Store, so the Contract is formalized between this company and the Users of the BLINKI Store. Notwithstanding the foregoing, UNDERTAINMENT may entrust the performance of the services to third party subcontractors or suppliers.
The electronic document in which the Contract is formalized will be filed by UNDERTAINMENT, and may be consulted through the website after authentication with your username and password or the means established in each case.
Through the BLINKI Store, UNDERTAINMENT makes available to the User the following electronic stickers that allow the sharing with other cell phones of the User's photograph, contact details, social network links, etc.] (hereinafter, the "Products" or Blinkis").
Blinkis: electronic stickers with standardized designs.
Custom" Blinkis: electronic stickers personalized with the design provided by the User. The "custom" Blinkis will be subject to the order of a minimum number of 10 units.
The main characteristics of the Products, the minimum number of units, their price or other conditions, will be those shown at any given time in the BLINKI Store.
To facilitate electronic shopping, Users may register with the BLINKI Store. Such User registration can be done at any time through the "Register/Create an account" section.
You will be able to access your registered User account with your email address and password or the means that, in each case, UNDERTAINMENT enables to authenticate Users.
Through the User account you can track your orders, view and edit your personal data and perform those other procedures and formalities that are available at any time.
It will be the obligation of the registered Users to make a diligent use and to keep secret their passwords or other credentials. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided by UNDERTAINMENT, and agree not to transfer their use to third parties, whether temporary or permanent, or to allow access to outsiders. The User shall be responsible for the use of the services by any illegitimate third party who uses a password for this purpose due to a non-diligent use or loss of the same by the User.
By virtue of the above, it is the obligation of the User to immediately notify UNDERTAINMENT of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. As long as such events are not communicated, UNDERTAINMENT will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
Territorial Scope of the BLINKI Store
The BLINKI Store will sell products to Users located within the European Union and the United Kingdom.
The purchase process consists of the following steps:
Product Selection: browse the BLINKI Store and click the "Add to Cart" button each time you wish to select a product for purchase.
Shopping cart: in the shopping cart you will be shown the information about your order for your review, which will include the estimated delivery date, the name of the selected products, the unit price and the quantity of selected units of each product, the subtotal of the price of each product based on that quantity. In addition, you can calculate the shipping costs and applicable taxes. The User will be able to modify the quantity of units selected for each product, edit any of the products or delete any product from the order.
Order processing: once the order information has been reviewed, the User must fill in his/her contact information (e-mail address or cell phone number). Alternatively, he/she may proceed to identify him/herself through his/her Shop Pay, Google Pay or Pay Pal payment account. To continue with the purchase process the User must provide the shipping information and select the shipping method.
Payment: Users must select the chosen payment method, providing the necessary information (e.g. card number, etc.).
By clicking the "Pay now" button, the purchase process will be completed and the User will be from that moment obliged to pay the order and the contract will be perfected for all purposes.
Confirmation of purchase: once we receive your acceptance, UNDERTAINMENT will display an on-screen confirmation of the order placed containing the following information:
- Order number.
- Summary of the products that make up the order.
- Total price of the order, including shipping costs, if applicable.
Also, UNDERTAINMENT will send a confirmation of the purchase by email with the details of the purchase, including the estimated delivery date of the order, as well as a copy of these General Conditions. Additionally, a link will be provided in the e-mail that will allow the User to follow the entire order process. Registered Users will also be able to access order information through their accounts.
Once the purchase has been confirmed, the User will not be able to modify or cancel the order except in the cases provided for by law or in these General Conditions.
Availability of products
UNDERTAINMENT does not guarantee the availability of the products offered through the BLINKI Store. If after placing the order, we detect that there is no stock of any of the products included in the order, we will contact the User to inform him/her of the impossibility of supplying that item and proceed to the payment of the corresponding amount. The foregoing shall be without prejudice to the legal rights that may correspond to you as a consumer.
Without prejudice to the provisions of specific legislation, discounts or other types of offers will be valid for the period of time and/or for the number of stocks specified in the BLINKI Store or, failing that, for as long as they remain published in the BLINKI Store.
Discounts or other offers may be subject to special conditions that may be established. These special conditions shall form part of the Contract.
Prices and Shipping Costs
All prices shown in the BLINKI Store are expressed [in Euros] and [include taxes].
Despite the measures taken by UNDERTAINMENT to avoid errors, it may happen that the price of a product applied during the purchase is not the one offered or that the offered price displayed in the BLINKI Shop is wrong. In the event that such errors are detected after the conclusion of the Contract, the Contract will be null and void in accordance with current legislation, without prejudice to your rights as a consumer. UNDERTAINMENT will notify you of such incident as soon as it becomes aware of it and, if you have been charged any amount for such purchase, it will proceed to reimburse you immediately.
Means of payment
The payment is made when the User completes the electronic purchase process by clicking on the "Pay now" button. The User will be able to make the payment of the price of the orders by any of the following cards or payment systems:
The payment of your order takes place in real time once the issuing entity has communicated to UNDERTAINMENT the authorization of the payment. Otherwise, the User will not be able to continue the purchase process. UNDERTAINMENT is not involved in the payment authorization, so the User must contact the issuing entity directly in case of any incident regarding such authorization.
The use of a means of payment owned by a third party is prohibited except with the express authorization of such third party, being your responsibility the proof of such authorization and assuming all damages that occur to UNDERTAINMENT.
UNDERTAINMENT will issue and send to the Users by e-mail the simplified invoices corresponding to the orders placed. For such purposes, the User expressly consents to the issuance of electronic invoices. However, those Users who wish to receive their invoice on paper, may request it through our Customer Service.
Users who, acting as entrepreneurs or professionals, place orders over four hundred euros (400 €), VAT included, are obliged to identify themselves as such during the purchase process by clicking on the "Request Ordinary Invoice" button that will be displayed for this purpose during the electronic purchase process. It will be the responsibility of the User to request the ordinary invoice when it is necessary according to the applicable regulations.
During the purchase process, the User must provide the delivery address.
Delivery times will depend on the Product selected and the destination and will be shown both in the detailed information of each product, as well as in the information on the order that is made available to the User during the electronic purchase process for review.
The deadlines are indicative and are not guaranteed, as they depend on the programming of the Products for their correct use by the User and are calculated once the same has been completed.
In any case, for the purposes of the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter, "Revised Text of the General Law for the Protection of Consumers and Users"), it should be understood that the delivery date committed by UNDERTAINMENT is the estimated delivery date shown or communicated to the User during the purchase process.
Mode of delivery
Orders will be shipped through the transport companies that UNDERTAINMENT has contracted at all times.
Registered Users may also access order information through their accounts.
Delivery occurs when the User or an authorized third party receives the order at the address indicated for shipment. The recipient must sign the delivery note or document justifying the delivery of the order. It shall be understood that any third party who receives the order at the address indicated by the User for shipment and signs the delivery note or equivalent document, is authorized by the User to receive the order on his behalf. Consequently, UNDERTAINMENT does not accept any liability to the User for the reception made by another person on his behalf without due authorization, provided that such reception is made at the delivery address indicated by the User.
The signature of the delivery note does not imply conformity and only serves to prove that the delivery has taken place. It does not therefore affect your contractual rights nor does it imply conformity with a product in poor condition. Without prejudice to your contractual and legal rights, we kindly ask you to inform us, through our Customer Service, within a period not exceeding 24 hours, of any incident related to the shipment, such as missing or lost products, damaged products, open goods, etc., in order to process any incident related to the shipment of the goods.
The delivery of the products entails the transmission to the User of the risk of loss or deterioration of the products and, consequently, UNDERTAINMENT shall not be liable for the aforementioned risks from such delivery.
Impossibility of delivery
In the event that delivery is not possible, UNDERTAINMENT will refund the full amount of the order, terminating from that moment the Contract for impossibility of fulfillment and without prejudice to the claims that UNDERTAINMENT may initiate in case of fraud or fault of the User.
Right of withdrawal
The User who is a consumer has the right to withdraw from this Contract within 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, acquired material possession of the products. In cases of delivery of multiple goods ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, acquired material possession of the last of these products.
The right of withdrawal may not be exercised with respect to products made for the User in a personalized way, with the design ordered by said User, as the exception set forth in Art.103. Section c) of RD1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users:
"c) The supply of goods made according to the specifications of the consumer and user or clearly personalized."
Consequently, by making a purchase at the BLINKI Store, the user declares to have read the General Terms and Conditions and to be aware that he/she cannot exercise the right of withdrawal with respect to Blinkis "custom" products made under his/her indications.
Warranty on the products
In the event that the User is a consumer, the products purchased through the BLINKI Store are guaranteed for any lack of conformity that exists at the time of delivery under the terms set forth in the Consolidated Text of the General Law for the Defense of Consumers and Users.
Thus, the User shall be entitled to repair the product, its replacement, price reduction or termination of the Contract for a period of two (2) years from the delivery of the product under the conditions established by the aforementioned legislation.
The User may communicate the lack of conformity of any product sold through the Customer Service of UNDERTAINMENT.
The User must keep the invoice or delivery note to enforce the warranty on the product.
Any additional commercial warranty offered by the producers, must be demanded directly by the Users from them, and UNDERTAINMENT shall not be liable in any case for the failure of the producers to comply with such warranties.
If you have any questions, suggestions, complaints, claims or want to make any inquiry about the BLINKI Store, please contact the Customer Service Department of UNDERTAINMENT by any of the following means:
By email: [*firstname.lastname@example.org*]
Via Zendesk live chat ( By clicking the "Support" button in the bottom right corner of the store.
UNDERTAINMENT will resolve complaints addressed to it as soon as possible and in any case within one month. In case of complaints or claims, an identification code and proof of the claim will be sent by email to the User.
Force majeure or fortuitous event
UNDERTAINMENT shall not be liable for the total non-fulfillment, defective fulfillment or delay in the fulfillment of any of the obligations under its responsibility that were caused by force majeure or unforeseeable circumstances. The obligations subject to term that may exist shall be suspended in such cases for the entire period during which the situation of force majeure or fortuitous event is prolonged, resuming the computation once the circumstance of force majeure or fortuitous event disappears.
UNDERTAINMENT shall be liable for any damages caused to the User as a result of a fraudulent breach of the obligations incumbent upon it. Compensation for damages, in the event of failure to comply with any obligations assumed by UNDERTAINMENT with respect to damages caused by fault or negligence, is limited to the price of the product or the amount of one hundred (100) euros, whichever is greater.
The foregoing limitation of liability shall not apply in those cases where it is not permitted by applicable law, such as cases of damages arising from the lack of conformity of the products or for damage, death or injury caused to the consumer and user by an action or omission of the entrepreneur.
Responsibility of the Users for the uploaded designs
It is expressly forbidden to select for the design of the "custom" BLINKI, images, drawings or any other content whose intellectual property rights, industrial or otherwise are owned by third parties, unless the User has been legitimately authorized for use for such purposes by the owner of those rights.
Consequently, UNDERTAINMENT will not be responsible in any way for the unauthorized use of the aforementioned contents by the Users or for any type of violation of third party rights that may exist in relation to the same.
For its part, the User agrees to indemnify and hold harmless UNDERTAINMENT, without limitation, from any damages, expenses or costs (including legal costs) arising from any actions, lawsuits, claims, complaints, penalties or, in general, any type of third party claim related to infringements of intellectual property rights, industrial or otherwise.
UNDERTAINMENT reserves the right to cancel any order which it has the mere suspicion that it represents a clear violation of the rights of third parties or whose contents are defamatory, violent or otherwise unlawful.
Protection of Personal Data
These General Terms and Conditions and any document expressly referred to in these General Terms and Conditions (such as specific clauses or specific conditions established for certain products), constitute the entirety of the Contract, replacing any other agreements or covenants that the parties may have agreed verbally or in writing prior to the conclusion of the Contract.
20.Applicable Law and Jurisdiction
These General Conditions are governed by Spanish law and any dispute between the Parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid. Exceptions to the above are those cases in which this agreement on legislation and jurisdiction contravenes the applicable regulations, in which case the provisions of the aforementioned regulations shall apply.
UNDERTAINMENT may modify these General Conditions at any time. The modifications made will not affect, in any case, the purchases made by the User prior to the approval of such modifications. It is the responsibility of the User to know the General Conditions in force at the time of each purchase.