1. Legal Guarantee

According to the current Spanish Royal Legislative Decree 1/2007 of November 16^th, by which the revised text of the general Law for the defense of consumers and users and other complimentary laws, all consumption products (personal property) have a legal guarantee and any person who buys these products has the legal rights acknowledged by the Law.

Big companies, since January 23, 2011, and according to the Code of Consumption of Catalonia, shall inform about the guarantee of the products as follows:

They shall inform about the right of the consumers in case of non-conformity through an informative sign, a written document, an invoice, a purchase invoice, or any other means that allow having a proof.

a) If they are durable goods (*) it would be informed through a document or through the invoice or purchase ticket, not through a sign.

(*) Durable goods are:

• Furniture, household goods and fixtures.

• Electrical, electro-technical, electronic and computer appliances and their software.

• Vehicles, motorcycles, bicycles, their spare parts and fixtures.

• Toys, games, recreational and sport items.

• Houses.

1.1. Conformity Principle

The Conformity Principle obliges Biobé to provide to the consumer and user of the Biobé© product a product that is in conformity with the sales contract and to respond to any lack of conformity that could occur after the product is delivered. That is to say, unless there is proof against that, it is understood that the product is in conformity provided that all the following requirements are met, unless that due to the circumstances of the concrete case, it would not be possible to apply any of them:

a) It shall adjust to the description made by Biobé© of the model and sample shown.

b) It is satisfactory for the use that Biobé© products are committed to.

c) It is satisfactory for the special use that Biobé© has stipulated.

d) It has the quality and regular benefits that the consumer and user can expect from Biobé Dreams, according to their nature and with the information given by Biobé in the label.

If the consumer and user incorrectly assembled or used Biobé© because he/she did not understand the instructions. In order to be sure that the installation of the product is included, the consumer shall ask to clearly specify its inclusion in the product’s invoice or shipping.

Exception!!!: When the consumer and user is aware that the product(s) he is buying the product that does not meet the specifications or when the lack of conformity is due to the materials that are supplied, then, he would not be able to claim this lack of conformity.

Biobé© responds to the lack of conformity. That is to say, if the product that you acquired presents a problem you shall deliver it to Biobé, who is in charge of it.

In case it is impossible to deliver the product to Biobé© or in case that means it is an excessive load, you, as the Client, are not unprotected, but you can claim it directly to the manufacturer or to the producer and claim their respective rights.

Biobé© responds to the defects that the products present during:

a) The following two years after the delivery, if the product is new.

b) The sales person and the consumer could agree on a shorter term, which will not be shorter than one year since the delivery date, in case of used products.

But this term reunites the characteristics that shall be perfectly specified:

a) If the defect on the product appears during the first six months from the delivery date (new or used products), it is understood that this defect already existed when they delivered the product, that is to say, the defect existed from the origin. Then, it corresponds to Biobé© to demonstrate otherwise and that the defect appeared after a poor use of defective maintenance. Biobé has to show that it delivered the product according to the agreed conditions.

b) If the defect appears after the first six months and up to the two years after the delivery date, the consumer and user is who has to show that the defect came from origin and it was not due to poor use or the passing of time. This demonstration will need an inspection of the product.

The date of the invoice and purchase ticket, or that of the delivery note, is the date of reference from which the term begins to be counted (unless there is any proof against); therefore, it is very important to save this document.

The Client has the:

a) Right for repair

b) Right for replacement

How do you have to exercise these rights?

If you find defects in the product, you could opt between repair and substitution. Biobé has to respect the will of the client unless that the alternative that the client selects is impossible to meet or it is disproportionate.

What does impossible to meet or disproportionate mean?

It can be that the option you choose imposes on Biobé’s expenses that are not reasonable in comparison to another alternative. To value this case it is necessary to consider:

a) The price a flawless product will have

b) The importance of the defect

c) The inconveniences that the Client could suffer if he has chosen another solution.

Repair and substitution have to be chosen by the following rules:

a) Cost-free. It cannot implicate any expense for the consumer and user (transfer, transport, replacement parts, labor: all have to be paid by the sales person).

b) It has to be resolved within a reasonable period of time and without any inconvenience for the Client, always considering the status of the product.

c) While the repair is in process, the guarantee term shall not be estimated: since the Client places the product at the disposition of the sales person until the moment the product is repaired and returned.

d) In case of replacement, a new 2 year guarantee term is not initiated for the new product. Since the exercise of the option up to the delivery of the new product, the guaranteed term of the substituted product is suspended and in the moment the new product is placed at the disposition of the Client, the calculation of the pending guarantee term is activated. Unless it is otherwise proven, it would be presumed that the failure of the product that manifested during the six month period after its delivery already existed when the product was delivered taking into account the nature of the product and of the defect.

If you choose the repair, you should know that you have a six-month guarantee, time during which the sales person has to respond for the product.

To be able to exercise all the rights, the Spanish Royal Legislative Decree 1/2007 imposes to the consumer and user the obligation to inform the sales person about the defect and about the lack of conformity, at the moment the problem is detected, which shall be a maximum of two months.

This obligation follows two very clear reasons: first, the consumer and user have to be diligent and shall not wait until the problem gets worse with time; second, the sooner Biobé knows about the defect, it can be corrected sooner.

1.4. Term to file the claim

The Client has the obligation to inform about the defect or lack of conformity to Biobé© at the moment the problem is detected, and as a maximum it has to be done in a term of two months; the conformity of a product during the guarantee term is three years starting at delivery date. There is another term to take into account, one that is more important to the professionals than to the consumers: the person who responds about the lack of conformity before the consumer and user has one year to repeat that against the person responsible for the defect.