Introduction
This contractual document governs the General Terms and Conditions for the sale of products (hereinafter, "Conditions") through the website www.gorratina.com, owned by JUAN PABLO VALERO CANALES under the trade name GORRATINA, hereinafter, the PROVIDER, whose details can also be found in the Legal Notice of this Web.
These Conditions must remain published on the website at the USER's disposal to reproduce and save them as confirmation of the contract, and may be modified at any time by JUAN PABLO VALERO CANALES. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders are applicable. JUAN PABLO VALERO CANALES will archive the electronic document where the purchase is formalized and will make it available to the USER if requested.
Contracts are not subject to any formality except for the cases expressly mentioned in the Civil and Commercial Codes and in this law or other special ones.
Acceptance of this document implies that the USER:
Has read, understands, and comprehends what is stated herein.
Is a person with sufficient capacity to contract.
Assumes all the obligations set forth herein.
These obligations will have an indefinite validity period and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On one hand, the PROVIDER of the products contracted by the USER is JUAN PABLO VALERO CANALES, with registered office at CL. SARAGOSSA, 34, 2º 5ª - 17002 GIRONA, NIF 40309193Z and with customer service telephone 972299949.
And on the other, the USER, who is responsible for the veracity of the personal data provided to the PROVIDER in the purchase form.
Object of the contract
This contract aims to regulate the contractual relationship of sale born between the PROVIDER and the USER at the time the latter accepts the corresponding box during the online contracting process. The contractual relationship of sale involves the delivery, in exchange for a certain price publicly displayed through the website, of the products offered (gorratines).
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify hola@gorratina.com so that JUAN PABLO VALERO CANALES can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
The USER, in order to access the products offered by the PROVIDER, must be of legal age or an emancipated minor. Therefore, the USER must freely and voluntarily provide the personal data required in the purchase form, which will be processed in accordance with Regulation (EU) 2016/679, of April 27, 2016 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
Pursuant to Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Competence.
7. Offer generalities.
8. Price and term of validity of the offer.
9. Shipping costs.
10. Payment method, costs, and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless there is a specific written stipulation, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Goods shipments will usually be made via EXPRESS COURIER or POSTAL PARCEL SERVICE, according to the destination freely designated by the USER.
Shipping will take place once the availability of the goods has been confirmed and the payment of the order verified.
The delivery time is between 3 and 4 business days, depending on the destination town and the chosen payment method. The estimated shipping and delivery dates will be provided prior to the confirmation of the order.
Failure to execute the distance contract
In case of being unable to execute the contract because the contracted product is not available within the planned period, the USER must be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, without any liability for damages attributable to the PROVIDER arising therefrom.
The PROVIDER will not assume any responsibility if the delivery of the product does not take place because the data provided by the USER are false, inaccurate, or incomplete.
Delivery will be considered made when the carrier has placed the products at the USER's disposal and the USER, or their delegate, has signed the delivery receipt document.
The PROVIDER will respond to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by a simple statement, demand the correction of said lack of conformity, a price reduction, or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER will have the right to suspend payment of any pending part of the price of the acquired product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products as soon as they receive them and state all warnings and complaints that may be justified on the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.gorratina.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the subscription of the sale contract if it were a service provision, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of November 16. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, according to Article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in Article 103 of RDL 1/2007.
Any return must be communicated to the PROVIDER by requesting a return number via the form enabled for this purpose, or by email to hola@gorratina.com, indicating the corresponding invoice or order number.
No return will be accepted that is not made with the original delivery packaging.
Once the USER has received the return number, they must send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs at their expense, to the address of JUAN PABLO VALERO CANALES, CL. SARAGOSSA, 34, 2º 5ª - 17002 GIRONA.
4. COMPLAINTS
Any complaint that the USER deems appropriate will be handled as soon as possible. Complaints can be made at the following contact addresses:
Postal: JUAN PABLO VALERO CANALES, CL. SARAGOSSA, 34, 2º 5ª - 17002 GIRONA Telephone: 972299949 E-mail: hola@gorratina.com
5. FORCE MAJEURE
The parties are not responsible for any failure caused by force majeure. Compliance with the obligation will be delayed until the cause of force majeure disappears.
6. COMPETENCE
The USER is prohibited from assigning, transferring, or transmitting the rights, responsibilities, and obligations contracted in the sale.
If any stipulation of these conditions were considered null or impossible to fulfill, the validity, legality, and compliance of the rest will not be affected in any way, nor will they suffer any type of modification.
The USER declares to have read, known, and accepted these Conditions in their entirety.
7. OFFER GENERALITIES
It is understood that all sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of JUAN PABLO VALERO CANALES or what is stipulated here will have effect, unless there is an express written agreement signed by the PROVIDER. In this case, these specific agreements will prevail.
8. PRICE AND VALIDITY TERM OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional and annexed service to the acquired product.
The prices applied to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some products may vary in real time.
Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total of the purchase. Prices can change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER involves the issuance of an invoice in the name of the USER or the company name provided at the time of placing the order. This invoice must be sent in paper format along with the acquired product. If you wish to receive it by email, you must request it through any of the means that the PROVIDER makes available, informing you that you can revoke this decision at any time. For any information about the order, the USER can contact via the PROVIDER's customer service telephone 972299949 or via email at hola@gorratina.com.
9. TRANSPORT COSTS
The prices published in the store do not include shipping costs.
Shipping costs will be calculated at the time of saving the cart or quote, as they are calculated by the weight of the products and the delivery address.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and enables the following ways to pay for an order:
Credit card
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, and that may or has the potential to damage their goodwill or influence them negatively.
Sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder or cards is prohibited under the card brands' programs.
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. In it, only the items, sizes, quantity, price, and total amount are observed. Once the cart is saved, taxes, charges, and discounts are calculated according to the payment and shipping data entered.
Carts have no administrative link; it is only a section where a quote can be simulated without any commitment from both parties.
From the cart, an order can be placed following these steps to formalize it correctly:
1. - Verification of billing data.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER'S email confirming the order.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, null, or for any reason inapplicable, this condition shall be considered separable and shall not affect the validity and applicability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER'S access to its services, in whole or in part, when the USER does not comply with any of the obligations established in this contract or any legal provision, license, regulation, directive, code of practice, or policies that are applicable.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties will respond to what is regulated in the Title referred to as "Warranties and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which can be accessed by clicking here
14. APPLICABLE LAW AND JURISDICTION
These conditions are governed or interpreted according to Spanish legislation in what is not expressly provided. Any controversy that could arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER'S domicile, the place of fulfillment of the obligation, or that in which the property is located if it is real estate.
