1. Legal warning
1. Legal warning
2. Ownership of the domain www.gigibarcelona.com
We inform you that the ownership of the domain www.gigibarcelona.com corresponds to the company Luis Ramo, S.L., with registered address at Calle Bosc Tancat, 8, Nave nº 4, Cerdanyola del Valles 08290 Barcelona – Spain, with Fiscal Identification Code CIF 58388612 and entered on the Mercantile Register of Barcelona in Volume 24.123, Sheet B-64.621, Folio 49 5th Inscription. (Hereinafter, “the Company”).
3. Contact details
By email: using the form to be found in the CONTACT US section.
By telephone to our central office: +34 93 6915450
4. Object and scope of these General Terms and Conditions
Browsing this Web Site involves the explicit acceptance as a user, without any exceptions, of these General Terms and Conditions. The Company may modify this Web Site to make as many changes and modifications it deems advisable and necessary for its correct functionality, without the need to give prior notice to users.
5. Rights Reserved
We reserve the right to refuse access to the service, to cancel any account and to eliminate or modify any content in the case of users violating the applicable legislation, these General Terms and Conditions or any other applicable terms and conditions or policies without this resulting in any compensation or reparation being received.
6. Legal age
Minors must abstain from making purchases using this site, since to make an order or register as a user, you must be of full legal age and have sufficient legal capacity to undertake contracts.
7. Making an order
In order to make an order, you can register as a user or make an order as a guest user, in this case without registering.
You must keep your passwords in a confidential, correct way, preventing access to them by unauthorised third parties
You may cancel or modify your order whenever you have not received the confirmation email informing you that the package has left our installations. Once this email has been received, no modifications or cancellations may be made. For cancellations or modifications, please contact our Customer Services through the CONTACT US section. Your right of withdrawal may be found under heading 12.
8. Stock Availability
All orders are subject to stock availability. In the case of product supply problems arising or if the stock were to run out, we will refund any amount already paid by you, without accepting any other responsibility.
9. Delivery date
If the agreed upon delivery date for your order cannot not be met due to reasons of force majeure or that are beyond our control, we will inform you as soon as possible and you may choose between continuing with the purchase with the new delivery date that we will provide or cancelling the order with the total refund of the price paid. Please take into account that we do not make home deliveries on Saturdays, Sundays and Bank Holidays.
An order will be understood to have been delivered at the moment when the customer receives the package, which will be certified by the signature for reception of the package at the agreed upon delivery address. If we are not able to deliver your order, our partner DHL will contact you to set a new delivery date or a new delivery address, if necessary.
The prices on this Web Site include VAT only in the case that you are the end consumer and when this tax is applicable. Our prices may vary, but in this case, the changes will not affect the orders where the order confirmation has already been sent.
11. Methods of payment
By credit card or Pay Pal.
In order to minimise any risk of unauthorised access, the data from your credit card will be encoded. When clicking on “Authorise Payment” you are confirming that you are the authorised holder of the aforementioned credit card. Please bear in mind that credit cards may be subject to authorisations by the issuing body and if the payment is not authorised, your order will not be processed.
12. Right of withdrawal
You have the legal right to withdraw from the purchase within a period of 15 calendar days without any need for justification. Your right to withdraw from the purchase will exclusively be applicable to products that are returned in the same conditions as you received them. No refund will be made if the product has been used in any way other than just opening it; it is not in the same conditions in which it was delivered or it has been damaged in any way. The product must be returned with all its original packaging, the instruction booklet and any other documents that might accompany it.
Returns may be made by contacting our Customer Services Department using the CONTACT US form and we will organise the collection. Returns are free of charge and the collection will be made at the address provided by DHL. Please return the product as soon as possible. Take into account that if you decide to return the articles yourself, freight collect, we may reject the delivery or charge you for the transport costs and you also assume the risks that could be derived from the goods being damaged during the transport. Once the returned article has been inspected and verified that it is in good conditions, we will proceed to refund the amounts you have paid. The refund will always be made using the same payment method that you used to pay for the purchase. If you have any queries, please contact us through CONTACT US.
13. Non-conforming Product
If, when the delivery is made, you consider that the product does not match that stipulated in your order, you must contact us immediately through the CONTACT US section, providing the product information and detailing the problem or the corresponding type of incidence, or you may call the telephone number +34 93 691 54 50 where we will indicate the course of action to be taken. The product may be returned by sending it to our central offices a) by DHL or b) by your own methods with carriage paid by yourself. We will carefully inspect the returned product and we will inform you by email within a reasonable period of time, where appropriate, regarding the refund or replacement of the article, which will take place as soon as possible. The amounts paid for the products that are returned due to any fault or defect, when this really exists, will be totally refunded, including the delivery expenses incurred to deliver the article. The refund will be made using the same payment method that you used to pay for the purchase.
14. Reservation of Ownership
You will acquire the ownership of the products when you have made the complete payment to the Company, including the delivery expenses if applicable.
15. Product Warranty
The purchaser has a 2 year warranty for our glasses in the case of any manufacturing defect or latent defect occurring to them.
16. The Company’s exemption from liability:
The Company is not liable for any damages that could be derived from situations such as interferences, computer viruses, Internet overloads and malfunctions in the operating of this electronic system or the users’ computing equipment, caused by reasons not attributable to the Company, which prevent or delay the provision of the services or the browsing of this Web Site.
The Company’s liability regarding any product acquired on this Web Site will be strictly limited to the purchase price of the aforementioned product and except in the event of any legal provision to the contrary, we will not accept any liability for loss of income or sales; loss of business; loss of profit; loss of data or loss of management time.
17. Intellectual and industrial property:
All the contents published on this Web Site and particularly the designs, photographs and images of the glasses, texts, graphs, logos, icons, buttons, as well as the software, the trade names, trademarks or industrial drawings and any other signs that may be used industrially and commercially are subject to intellectual and industrial property rights belonging to the Company or to third parties that have correctly authorised their inclusion on the Web Site.
Under no circumstances will it be understood that any licence has been granted or any waiver, transmission, total or partial assignment of the aforementioned rights has been made, nor any right or expectation of right has been conferred and particularly, for altering, exploiting, reproducing, distributing or publicly communicating anything to do with the aforementioned contents, without the prior express authorisation given by the Company or the respective owners.
Therefore, the use of the Web Site is prohibited for public or commercial purposes, thus the contents of the Web Site may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or used. The introduction of hyperlinks for commercial purposes on other web sites that allow access to this Web Site is expressly prohibited without prior consent by the Company.
In the case that our Web Site were to contain links to other web sites and third party materials, these links will only be provided for information purposes, without the Company having any control over the content of the aforementioned sites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from their use.
18. Correct use of this Web Site
You must make a correct use of this Web Site, without intentionally introducing virus, Trojans or any other programme or material that is technologically harmful. Unauthorised access to this Web Site, to the server on which the Web Site is hosted or to any server, computer or database related to our Web Site is prohibited. Likewise, in the case of a breach of this clause, your authorisation to use this Web Site will immediately be revoked.
We will not be responsible for any damage or loss resulting from a Denial-of-service attack, virus or any other programme or material that is technologically harmful that could affect your computing equipment, data or materials as a result of the use of this Web Site or due to the downloading of contents from it or from sites to which it redirects users.
We will contact you mainly by email or we will provide information by including notifications on this Web Site. For contractual purposes, you agree to use this electronic means of communication and accept that any contract, notification, information and other communications that we may send electronically meets the legal requirements of a written notification without this affecting the legally recognised rights in any way.
The communications that you send us must preferably be sent using our contact form that may be found in the CONTACT US section. We will be able to send communications either to your email address or if advisable, to the postal address provided by you when making an order. It will be understood that the notifications have been received and correctly made at the moment when they have been included on our Web Site, 24 hours after an email has been sent or three days after the postmarked date of any letter in the case of notifications being sent to a postal address. In order to prove that the notification has been made, in the case of a letter, it will be enough to demonstrate that the address was correct; it was correctly stamped and delivered to the post office or post box and in the case of an email, that it was sent to the email address specified by the receiver.
If any of these General Terms and Conditions were to be declared null and void due to a firm sentence passed by a competent authority, the remaining General Terms and Conditions will remain in force, without being affected by the aforementioned declaration of severability.
21. Modification of the General Terms and Conditions
22. Applicable Law and Competent Jurisdiction
The use of this Web Site and the purchase contracts for products purchased through it will be governed by Spanish legislations. Any dispute that arises or is linked to the use of the Web Site or with the formalisation of the aforementioned contracts is subject to the jurisdiction of the courts and tribunals of Barcelona, always taking into consideration that if you have made a contract as a consumer, nothing in this clause will affect your rights as is recognised by the current legislation at all times.
Please send your comments and suggestions, as well as any query, complaint or claim using our CONTACT US form to the telephone number or the postal address or email address indicated in the Contact Details of these General Terms and Conditions. Additionally, we have official complaint forms at customers’ and users’ disposal. These may be requested by calling the telephone number + 34 93 691 54 50 or using the CONTACT US form. Complaints and claims made to our Customer Services will be dealt with in as short a time as possible and in all cases, within a maximum of thirty (30) calendar days.
These General Terms and Conditions have been updated on the 20th of February, 2018.
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