Conditions of purchase at Garmol

0. INTRODUCTION

The following Conditions of Purchase are signed, on the one hand, by JAIME GARCÍA MOLL, S.L., hereinafter GARMOL, with registered office at Madrigueres Sud, 19 A – Apdo. Correos 221 – 03700 Dénia (Alicante), with CIF number: B53341475, registered in the Mercantile Register of Alicante, in volume 2.190, Section 8ª ,Book 0, Folio 62, , Page A 51.362, and on the other hand, by the Customer. Client is understood to be any natural or legal person who purchases any product or service through this website. Likewise, the Client declares that he/she is of legal age and has full capacity to read and understand correctly all the clauses of these Conditions of Purchase.

1. GENERAL

All offers, acceptances or orders, sales and deliveries made by GARMOL shall be deemed to be made under these Conditions of Purchase, which are the only ones applicable in this respect, and supersede any other general or particular conditions incorporated by the Client in any other negotiation or order. No modification, alteration or agreement contrary to the provisions hereof shall have any effect unless expressly stated in writing in advance by an authorised representative of GARMOL.

Each purchase at GARMOL is governed by the Conditions of Purchase applicable on the date of the order, which may only be formalised after acceptance of the same. Likewise, the characteristics of the products, services, rates and special offers may vary without prior notice, including by our suppliers, and GARMOL shall not be held liable for any errors or omissions in the content of the website.

The Client guarantees that all the information provided by him/her is true and correct, and undertakes to inform GARMOL of all changes relating to his/her address, payment details and any type of information necessary for the management and maintenance of the contractual relationship between GARMOL and the Client.

Through garmol.com the Customer may receive offers and updates on prices or product specifications for a specific period of time. GARMOL reserves the right to modify the conditions and particularities of its offers with respect to the information provided on its website, catalogues and advertising, although such modifications shall not be retroactive. However, these modifications will be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

The Client must verify at all times through the website the availability of the Product or Service and the current price list of both the products and their transport, as well as the data provided in the order confirmation before accepting the order.

2. PLACING ORDERS AND AVAILABILITY OF STOCK

GARMOL shall only deal with orders through its website whose destination can be selected during the purchase process. In any case, the dispatch of any order shall be subject to confirmation and/or acceptance by GARMOL.

GARMOL reserves the right to decide, at any time, the price, quantity and type of products offered to the Customer through the online shop, and may add or delete those products it deems appropriate. It also reserves the right to terminate, suspend, limit or extend access to and use of the online shop at any time and without prior notice.

All products offered on GARMOL are subject to availability. In the event that we are unable to supply a product, for example, due to a lack of stock or a delay in updating an ordered product, we will contact the Customer to inform them of this as soon as possible. In this case, the Customer will be able to purchase alternative products, or will be offered an alternative delivery period for the product initially ordered. If this delivery period is not to the Customer’s liking, or if it is not possible to supply the requested product, the Customer may cancel the order for the Product free of charge, with immediate reimbursement of the amount paid, thereby terminating any liability of GARMOL with regard to the Customer.

3. CHARACTERISTICS OF THE PRODUCTS

The characteristics of the products and their prices are detailed in the description that accompanies each product. The placing of an order implies knowledge and acceptance by the Client of the characteristics and specifications of the product purchased.

GARMOL products shall correspond as closely as possible to the products offered on the website, as far as the display technology on the website allows. However, the photographs that appear in the Online Store are merely for guidance purposes, as the colours and tones presented may vary depending on the device on which they are viewed.

4. CANCELLATION OF ORDERS

The Customer will be able to cancel an order by calling 965 787 016 or writing an email to garmol@garmol.com, provided that the order has not yet been sent for delivery. However, in the event that the Product has already been sent, the Customer must wait for the package to be delivered before returning it.

Once the order has been cancelled, the Customer will be reimbursed the amount paid for the purchase of the Product, preferably in the same way in which the payment was made, minus, in the event that the Product has already been shipped, the costs incurred for the shipment, return and management of the order. If, on the other hand, the Product has not yet been shipped, the Customer will be reimbursed the amount paid, minus any costs incurred in processing the order.

5. TERMS OF DELIVERY

The delivery time will vary according to the product purchased and the destination area. Deliveries will be made by the transport company GARMOL considers appropriate at any given time.

Delivery times are approximate, and are calculated on a working day basis (Monday to Friday, except public holidays), starting from the next working day following confirmation of payment. Shipments require the Customer’s signature for delivery. If the Customer wishes the goods to be delivered later than the scheduled date, this must be indicated at the time of placing the order. The delivery times given are for guidance only, and therefore any delay in delivery does not constitute a material breach of GARMOL’s obligations. In the event of a delay in the planned delivery of more than 15 working days, the Client may choose to cancel the order free of charge by any means that provides proof of its receipt and content, in which case the amounts paid shall be refunded, preferably in the same way in which the payment was made.

GARMOL shall in no case be liable for any damage or loss, in particular loss of profit, arising from the delay or non-delivery of the Product ordered. Similarly, for reasons of availability and logistics, it is possible that the same purchase may be delivered in partial shipments with different delivery dates. In such a case, the Customer will be duly informed, and the cost of transport will not be increased.

The Customer undertakes to be at the place of delivery on the day set for receipt of the products, and to check the conformity of the order and the perfect state of delivery of the products at the time of receipt.

In the event of a claim for possible shortages, damage or deterioration of the products or packaging, the Client must note this incident on the delivery note of the carrier and notify them within a maximum period of two days from the date of delivery by email to the address garmol@garmol.com, by contacting our Customer Service Department on 96 578 70 16 or by any other means that provides a record of their communication. GARMOL will then give you the appropriate instructions for the replacement or repair of the product under warranty. In any case, the Customer must keep a copy of the delivery note in which the damages, defects or faults of the product have been revealed, for their due claim, as well as keeping the packaging of the products in perfect condition.

Except in the case of defects or hidden defects, no claim shall be accepted after receipt of the Product by the Client if the latter has not reported the damage or lack of product within the period and in the manner indicated. In this way, it shall be presumed that external and easily visible defects that have not been reported by the Customer on the delivery note are exclusively attributable to the Customer. In such cases, GARMOL may refuse to accept their return.

Similarly, if the Customer does not receive the order, he/she should contact our Customer Service Department by email at garmol@garmol.com or by telephone on 965 787 016 or by any other means that provides a record of the communication.

The transport company will make deliveries from Monday to Friday during working hours and in the morning or afternoon. If possible, the transport company will inform the Customer in advance of the date and approximate time of delivery.

6. PRICES AND PAYMENT METHODS

The prices indicated on the website are in Euros and include VAT, with the exception of certain geographical areas such as the Canary Islands, Ceuta and Melilla.

GARMOL reserves the right to modify the prices and rates of its products or services at any time, but the products will be invoiced on the basis of the prices in force at the time the order is confirmed, subject to availability on that date. In the case of offers or promotions, the prices indicated only apply during the period of validity or while stocks of the product or service offered are exhausted.

In order to make full payment for orders placed, the Customer may choose one of the following payment methods:

1. Payment by credit or debit card: The Customer may choose to pay by credit or debit card, the operation being carried out at the time of placing the order. Online payment by credit or debit card is made through the security system of BBVA’s secure platform, managed by REDSYS, which allows the encryption of the Customer’s bank details during their transmission over the network. The order will not be processed until the payment has been authorised by your bank. Online payment by debit credit card is made through the security system offered by the bank. GARMOL may ask the Customer to provide proof of ownership of the card, a copy of their identity documents and proof of address, or any other document that proves the ownership and identity of the Customer. GARMOL reserves the right not to accept payment by credit or debit card, and may cancel the purchase if it has doubts that the Customer is not the holder of the credit card provided, and if after having been notified of this, the Customer does not wish to agree to use another method of payment. In order to avoid delays with the delivery, the Customer must indicate when placing the order a contact email address and a telephone number where he/she can be contacted at any time.
2. Payment by bank transfer: The Customer may also make a bank transfer for the total amount of the order to the account number indicated by GARMOL at the end of the purchase process. The transfer must be made within 5 working days of placing the order. If there is no proof of payment in the account within this period, the order will be automatically cancelled.

GARMOL shall provide the Client with proof of purchase of the products purchased and the price paid at the time of purchase via e-mail. In the event that an invoice is required, the Client may obtain it in PDF format, after providing the necessary information for issuing the invoice and the order number via the e-mail address garmol@garmol.com.

GARMOL warns that, in compliance with current regulations (RD 1496/2003 on invoicing rules, amended by RD 87/2005), it may not modify sales invoices after invoicing. The invoice will be issued in the name of the natural person or company placing the order, so the Customer must ensure that the order is placed in the correct name, as subsequent changes will not be possible.

Furthermore, for reasons of personal data protection, duplicate invoices will only be issued to the person who is the contract holder. Duplicate invoices will not be issued to third parties. GARMOL will not send duplicate invoices by fax or by e-mail other than the one indicated when placing the order unless it is a clearly proven error. Once the guarantee period has expired, duplicate invoices may no longer be issued.

7. WARRANTY

Content of the guarantee

In accordance with the provisions of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, all products offered through our online shop are, in general, guaranteed by the manufacturer against any manufacturing defect or lack of conformity with the qualities and characteristics detailed therein, except for those exceptions expressly provided for in these Conditions of Purchase.

On the other hand, by virtue of this guarantee, which shall have a duration of two years from the date of delivery of the Product, the Customer shall be entitled to have it repaired or replaced, at no cost to him/her. If it is not possible to repair or replace the Product, or if the option chosen is disproportionate, GARMOL shall proceed to reduce the price or terminate the contract.

Deficiencies caused by improper use or handling of the Product, as well as by blows, negligence, incorrect handling or installation not carried out by GARMOL technical service, or by the wear and tear of materials due to normal use, are excluded from the guarantee. The warranty shall also be excluded if any information on the warranty or on the proof of purchase is modified, altered or replaced.

GARMOL’s total liability for any reason whatsoever shall in no case exceed the total value of the defective or non-conforming product supplied. Nor shall GARMOL be liable, except as provided in these Conditions of Purchase, for any loss or damage for anticipated results, delay or loss of production.

GARMOL does not guarantee any benefit or suitability of the product for any use or purpose intended by the Customer. The Customer shall, prior to purchasing the products, make all necessary checks to confirm the suitability of the product for its needs and expectations. GARMOL is expressly exempt from any liability for damages, direct or indirect, including loss of profit, caused to the Client or third parties, which may arise from the use or the impossibility of use, professional or private, of the product.

Procedure for claiming warranty

The Customer is obliged to inform GARMOL of any manufacturing defects or non-conformities within two months of becoming aware of them.

For any incident, claim or exercise of their warranty rights, the Customer should contact GARMOL Customer Service by email at garmol@garmol.com or by telephone on 965 787 016, where they will be informed of the procedure to be followed. Likewise, the Customer undertakes to carry out the steps indicated to make the guarantee effective.

In the event that, once the guarantee procedure has been initiated due to a defect or lack of conformity reported by the Client, GARMOL verifies that the products do comply with the contract, all expenses generated as a result of the implementation of the guarantee process shall be paid by the Client.

8. RIGHT OF WITHDRAWAL

Exercise of the right of cancellation

In accordance with the provisions of consumer and user protection legislation, the Client has a period of 14 working days from the delivery of the product to communicate their decision to withdraw from the contract concluded with GARMOL.

Returns shall be made exclusively through the carrier indicated by GARMOL, which shall transport it to the address indicated for this purpose. Shipments without prior written authorisation of products or deliveries sent directly to GARMOL’s warehouses shall be refused. The collection of returned products, as well as their delivery, will take place at street level. Products will not be unloaded or collected from homes, so the Customer must ensure that the product is made available to the carrier.

The product must be perfectly packed, in its original packaging, just as it was received at home, in order to avoid incidents or damage during transport and to avoid any type of manipulation.

The Customer declares to be aware that the direct costs of return (including delivery and transport of the products to the place indicated by the Customer Service) shall be borne by the Customer. The Client also declares to be aware that any damage to products returned as a result of the exercise of the right of withdrawal that has not been reported at the time of delivery shall be presumed to have been caused by the Client’s fault or negligence, and the Client shall be liable for the same. Furthermore, for the return to be accepted, the product must be in perfect condition. The Client will be responsible for any possible damage suffered by the products during transport. The product must be returned with all its accessories, documentation, instruction manuals (if any) and in its original packaging. If any of these are missing, the product will be returned to the Customer’s address, at the Customer’s expense, with a note indicating the items that may be missing.

Likewise, the duly completed original return form must be attached together with a copy of the delivery note or invoice in the event that, at the Customer’s request, the latter has been issued.

Refund of the price paid by the Customer

The reimbursement of the price paid by the Client will be made within a maximum period of 30 working days. In any case, the amount reimbursed will be the amount resulting from subtracting from the price paid for the Product, the costs arising from the transport of the same, both outward and return, as well as the management of the order and any other expenses incurred (bank charges, commission on cash on delivery, etc.). The Customer shall preferably receive the corresponding amount by the same means by which it was paid. Notwithstanding the foregoing, GARMOL reserves the right to choose the means of return of the money it deems appropriate.

9. PRIVACY AND DATA PROTECTION POLICY

Personal data

In compliance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, hereinafter LOPD, GARMOL informs the Client that the personal data provided voluntarily when completing the order form, as well as any other third party data that the Client provides to GARMOL as part of the execution and development of this contract, shall be included in an automated file, shall be included in an automated file owned by GARMOL, for processing, with the aim of facilitating the provision of its services, the development and execution of the sale, the transport and delivery of the products, personalised attention and any other service that may be necessary.

By registering, the Client consents to the use of their personal data for the purpose of being informed about services or products that may be of interest to them, respecting, in all cases, Spanish legislation on data protection, as well as for the sending of commercial communications, offers and advertising from GARMOL or companies authorised by GARMOL, by any means, including electronic or equivalent commercial communications.

The Client may exercise the rights of access, rectification, cancellation and opposition by means of a written request addressed to GARMOL, at the address Madrigueres Sud, 19 A – Apdo. Correos 221 – 03700 Dénia (Alicante), or by sending an e-mail to garmol@garmol.com, enclosing in all cases, a copy of their N.I.F. or a substitute identification document.

10. APPLICABLE LAW AND JURISDICTION

The possible total or partial nullity of any of these Conditions of Purchase shall not affect the validity of the contract itself, and the will of the parties with respect to the null clause shall be integrated, and the rest of the Conditions shall be fully applicable.

These Conditions of Purchase shall be governed by and interpreted in accordance with the legislation in force in Spain, which shall be applied subsidiarily in all matters not provided for herein. The parties submit themselves to the courts and tribunals of Dénia (Alicante) for the resolution of conflicts, renouncing any other jurisdiction.