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1 - Object
The purpose of these General Contract Conditions is to regulate the purchase conditions of the different products offered on the Website www.giretcase.com, whose corporate purpose is the sale and distribution of technical suitcases, flight cases and their accessories to through the internet. The characteristics of the products are reflected in the corresponding pages of the Website. The User, by purchasing the products offered on the Website, declares to know and accept without reservation or exception, each and every one of the General Conditions that are set forth in this document. In this way, Users who make purchases on this Website fully accept these General Conditions and will be bound by them as they were written at the time of contracting. GIRET is able to restructure, modify or eliminate any information, service or content included in the Website, without the need for prior notice. It will be an essential requirement to read and accept the General Conditions prior to the purchase of any product through the Website, and the User must confirm the acceptance box of these General Conditions. Through the Website, all registered Users will be provided with the possibility of accessing the contents, services and other information concerning the corporate purpose of GIRET. These General Conditions constitute the entire agreement between the parties in relation to online sales transactions between GIRET and its customers.
2 - Territory
GIRET operates through the Website for French and Spanish territory. Likewise, GIRET will process orders for the following European Union countries: Italy, Belgium, United Kingdom, Holland, Luxembourg, Monaco, Germany, Austria, Denmark, Finland, Ireland, Sweden, Bulgaria, Czech Republic, Slovakia, Slovenia, Estonia, Greece, Hungary, Latvia, Lithuania, Poland, Romania, and Croatia as well as the non-EU countries specified below: Andorra, Channel Islands (Guernsey and Yersey), Liechtenstein, Norway, San Marino, and Switzerland. Shipments to the Canary Islands will be subject to prior consultation under the terms and conditions specified by GIRET. Any query regarding the shipment of products to the Canary Islands must be made through the following email address: contacto@giretcase.com
3 - Ability to contract
In the event that the User is a minor or incapable, GIRET warns of the need to have the consent of their parents, guardians or legal representatives for the contracting of online products, for which GIRET requests that they refrain to use the services and purchase of products offered on the Website if you do not have the consent of parents, guardians or legal representatives, GIRET not being otherwise responsible for the actions of the minor or incapable. In this sense, GIRET informs that the User must have the capacity to contract when acquiring the products offered on the Website. Thus, those over 16 years of age with sufficient capacity to contract may purchase products on the Website, the provisions of these General Contract Conditions being applicable to them.
4 - Content and actions of the Website
The information contained in the Website should not be considered complete or exhaustive at any time due to the wide range of existing products and services. GIRET states that the product offered usually corresponds to the photograph and description thereof. However, it is exonerated from liability for those cases in which due to technical or human errors there were mistakes or variations between the photograph, the description and the price. Likewise, it is made clear that the photographs are merely indicative and there may be variations in terms of their physical appearance, but without undermining the integrity and benefits of the requested product.
5 - Purchase procedure
5.1 - Choose: The User upon entering the Website may choose the desired products. All the products that appear on the Website will be accompanied by a detailed description of the product, together with the price (VAT included). If the User decides to buy it, on that same screen they must select the "Add to cart" option. 5.2 - Buy: Once all the products that you want to buy have been selected, the User must select the option "Products in your cart" where the selected products will appear along with the price (VAT included) as well as the amount corresponding to shipping costs. shipment. If the User decides to finish his purchase, he must provide his data in the form available for this purpose on the Website, or, in the case of already being registered, provide his email and password. If it is the first time that the User buys on the Website, they must fill in all the information requested with an asterisk (*), including the address and method of delivery, and if the User has already bought before, just fill in the fields requested in the section "Are you already registered?". 5.3 - Confirm: Once the User has identified himself, all that remains is to confirm the order and accept the acceptance box of these General Contract Conditions and proceed with the payment of the contracted products. At the end of your order, you will be sent an email confirming receipt of the order, and specifying all the details of the order, such as the chosen payment method and indicated shipping address. If the User observes an error in the indicated address or in any other point of the order, he must immediately notify the electronic address: contacto@giretcase.com to proceed with the correction of the error.
6 - Prices
The prices of the products offered on the Website include the corresponding VAT and any other applicable taxes. However, these prices do not include the shipping costs of the products, these are detailed in the payment process where the User can see the breakdown of the price of the product purchased before finalizing the order. In this sense, both the cart summary and the order confirmation specify the total amount including taxes and shipping costs. Prices are valid except for errors and may be reviewed and modified at any time without prior notice by GIRET, always respecting the price indicated at the time of purchase. Thus, the products will be invoiced at the price in force at the time of registration of the order. Based on its commercial policy, GIRET may make final price changes either for loyalty, for the acquisition of products of a certain entity or relevance, as well as others that GIRET may stipulate in due course. However, it will be GIRET who freely and voluntarily offers these discounts and/or rebates, to whom it deems appropriate, and cannot be required or requested at any time by the User.
7 - Methods of Payment
GIRET makes the following payment methods available to the User: Bank card (credit or debit): The customer can choose to pay by credit or debit card, performing the operation at the time of placing the order. Online payment by credit card is made through the "Secure Socket Layer" security system, which encrypts the User's bank details when they are transmitted over the Internet. The Website accepts Visa and Mastercard cards. Payment by transfer: the User may pay by transfer to the indicated GIRET account. Once the transfer is received, GIRET will proceed to process the order.
8 - Safe Shopping
GIRET uses Secure Socket Layers (SSL) for all e-commerce transactions, a security system that guarantees that all data sent by the User is safe. This is all achieved by advanced encryption technology that works with Netscape Navigator (since version 2.0), Microsoft Internet Explorer (since version 3.0) and AOL (since AOL 3.0). Through this process, it is virtually impossible for any third party without prior authorization to access the information sent by the User.
9 - Shipping costs
When placing the corresponding order through the Website, the shipping costs will be included and will be borne by the User. The shipping costs are variable depending on the destination chosen by the User, who may decide to have the product sent to the address indicated at the time of placing the order, also being able to pick it up at the nearest UPS Access Point or, to pick up your order at the GIRET factory in Valencia, without incurring shipping costs as detailed in section 10.1 below relating to "Place of delivery". The User will be able to know the amount of the shipping costs at any time from the shopping cart before making the purchase. The User will be informed when the package has reached its destination by means of an email.
10 - Place and delivery times
10.1 - Place of delivery Orders will be delivered through the usual GIRET courier companies. If at the time of delivery the User is not at the indicated address, the courier will try a second time. If communication is not possible on this second occasion, GIRET will contact the client to schedule delivery. If, after seven (7) calendar days or five (5) business days, from the date of the notice, the User has not contacted the transport company or GIRET to arrange a new delivery date, the products will be returned to the GIRET warehouses and the User must be responsible for the shipping and return costs, as well as the possible associated management costs. Delivery may be made in the ways detailed below: By delivering the order to the address indicated by the User at the time of placing the order, which will entail the corresponding shipping costs indicated on the Website during the delivery process. buys. 10.2 - Delivery times GIRET will not deliver products on Saturdays, Sundays, national, regional and local holidays. Orders placed for delivery in the Iberian Peninsula and the Balearic Islands have a delivery period of 48 hours, and can be delivered in 24 hours if the order is completed before 4:00 p.m. on the effective day. The rest of the orders whose delivery is made in the Peninsular Territory have a different delivery period depending on the type of product and the location of the User's domicile within the Territory. In any case, within a maximum period of 30 (thirty) days from receipt of the corresponding notification, the product will be delivered to the address indicated by the User, except in circumstances of force majeure. Likewise, if at the time of delivery it is visible and clear, without the need to manipulate the shipping packaging or the product's own packaging, that a product has defects caused by damage caused by transport or it is appreciated, in the same way , an error in the merchandise received, the Customer must record it on the delivery note and notify GIRET by sending an email to contacto@giretcase.com as soon as possible from receipt of the order and never more than 14 business days from receipt, to be able to request the return of the affected product or products and proceed to replace it with another in optimal conditions or, make the refund of the price paid for it, as indicated in said email.
11 - Returns / Right of Withdrawal
The exercise of the right of withdrawal will not be subject to any formality, so the User may proceed to return the products purchased without the need to justify their decision and without penalty of any kind. The User may exercise their right of withdrawal in any way permitted by law, considering that said right has been validly exercised in any case by sending the withdrawal document provided by GIRET on the Website to the address contacto@giretcase.com. In accordance with current legislation, the User has fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase made. Once the period of fourteen (14) calendar days has ended, GIRET will not accept returns for withdrawal of purchases of products made through the Website. To facilitate the return process, GIRET makes the withdrawal document available to the User at the following link: http://www.giretcase.com/modelo-desistimiento.docx. To use this system, the following requirements must be met: The Product must be in the same state in which it was delivered and must keep the instructions, documentation, accessories and its original packaging and labeling. The return to GIRET must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition. The delivery note for the return of the products must be included in the package. In the case of having received the product and observing that the container presents some blow, breakage or dent, it must be stated on the delivery note of the carrier. If it is observed that the container presents any blow, break or dent, the buyer must reject the shipment, stating the reason on the carrier's delivery note. GIRET will not be responsible for the direct costs and expenses caused to the User for those returns of products in the exercise of the right of withdrawal. Therefore, the User will assume the return shipping costs, and the User must send the product carriage paid, since GIRET will reject any shipment with carriage due. In the event of exercising the right of withdrawal, the User will be entitled to a refund of the price of the products returned within a period of 14 days, provided that the returned products are in the same condition in which they were delivered, have not been used ( except what is necessary to verify its adequacy with what is expected), washed, damaged, unsealed, or lost before reaching the GIRET premises or the requirements established in these General Conditions of Contract have not been met. GIRET will check the adequacy of the returned product in its warehouse, reserving the right not to make the refund if it detects that the purchased product and the returned product do not match or that the return has not been made in accordance with these General Contract Conditions. Partial returns of an order will give rise to refunds of the price and partial shipping costs. Shipping costs will be refunded proportionally to the value of the returned product. GIRET will manage the order to return the price and shipping costs through the same payment system used by the User to purchase the products, within a period not exceeding 14 calendar days from the date the User communicated his withdrawal. The application of the refund of the price and shipping costs in the User's account or card will depend on the card and the issuing entity. The price refund application period will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards
12 - Guarantees
In the event of a defective product, GIRET will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the User. GIRET will also be liable for any lack of conformity that appears in the product within a period of three (3) years from delivery. Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the two (2) years after the delivery of the product, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. Likewise, unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later. GIRET is obliged to deliver to the User who exercises his right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that originates the exercise of the right. In the same way, together with the repaired or replaced product, GIRET will provide the user with documentary justification of the delivery stating the date of delivery and, where appropriate, the repair carried out. The action to claim compliance with the provisions of this section regarding the right of repair and restitution of the User will prescribe five (5) years from the manifestation of the lack of conformity. Likewise, the User must inform GIRET of the lack of conformity within a period of two (2) months from when he became aware of it in accordance with the provisions of current legislation. Failure to comply with said term will not mean the loss of the corresponding right to sanitation, the User being responsible, however, for the damages or losses actually caused by the delay in communication.
13 - Limitation of Liability
Without prejudice to the provisions of the applicable regulations and the rest of the clause of these General Conditions of Contract, the responsibility of GIRET in relation to the products purchased through the Website will be limited to the purchase price of said products . GIRET does not assume any responsibility derived, by way of example but not limitation: From the use that Users may make of the materials on the Website or linked websites, whether prohibited or permitted, in violation of intellectual property rights and/or industrial content of the web or third parties. Of the possible damages and losses caused to the Users as a consequence of a normal or abnormal operation of the search tools, of the organization or location of the contents and/or access to the Website and, in general, of the errors or problems that are generated in the development or implementation of the technical elements that the Website or a program provides to the User. Of the contents of those pages that Users can access from links included in the Website, whether authorized or not. Of the acts or omissions of third parties, regardless of whether these third parties may be linked to GIRET by contract. Of the access of minors to the contents included in the web, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install some of the tools to control the use of the Internet with in order to prevent access to materials or content not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians. Errors or delays in access to the Website by the User when entering their data in the Order Form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of GIRET. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the Website is constantly operational. Of the errors or damages produced to the Website by an inefficient use and in bad faith by the User. Of the non-operation or problems in the email address provided by the User to send the order confirmation. GIRET undertakes, as far as possible, to solve problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to incidents that may arise on the Website.
14 - Modifications
GIRET reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Contract Conditions and other legal texts accessible on the Website. Users will always have these General Contract Conditions on the Website, and must read them carefully each time they access the Website. In any case, the acceptance of the General Contract Conditions, in force at all times, will be a prior and essential step to the contracting of any product or service available through the Website, so that the modifications that GIRET may introduce, will not They will be applied if they have not been previously accepted by the User. Likewise, GIRET has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. GIRET reserves the right, always in compliance with the applicable regulations, to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in their participation (such as massive purchases, commercial activities, fraudulent activity, among others).
15 - Intellectual Property
The User acknowledges and accepts that the elements and rights of intellectual, industrial or other property (including without limitation any copyright, patents, trademarks, designs, photographs, images and source codes) related to the Website that can be accessed are exclusive property of GIRET. The User may not, directly or indirectly, copy, modify, alter, publish, communicate, distribute, sell or transmit the materials on the Website or the downloads made, in whole or in part, without the authorization of GIRET.</p >
16 - Data Protection
GIRET is fully aware of the use and treatment that must be given to personal data and by virtue of the existing legal regulations in this regard, has implemented a system within its organization to preserve security, integrity and confidentiality of the data considered personal. For this, in addition to fully complying with each and every one of the requirements set forth in Regulation (EU) 2016/679 of April 27 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and other regulations on data protection that result from application, not only legal but loyal use of personal data as well as an adequate system to exercise rights of access, rectification, opposition, deletion (“right to be forgotten”), limitation of treatment and portability provided in the aforementioned specific regulations. GIRET makes available to Users clear and complete information about the Privacy and Cookies Policy, which can be consulted through the following link: https://www.giretcase.com/es/content/12-politica-de- privacy-and-cookies.
17 - Cookies
Access to the Website implies the use of cookies. GIRET makes available to Users clear and complete information about the use of cookies, which can be consulted through the following link: https://www.giretcase.com/es/content/12-politica-de-privacidad- and-cookies.
18 - Jurisdiction and Applicable Law
The terms and conditions that govern this Website and all relationships that may arise from the use and/or registration on it are governed by Spanish law. Any dispute that may arise from accessing or using this Website and/or its services is submitted to the exclusive jurisdiction of the corresponding Spanish judges and courts in accordance with the applicable regulations in each case. Notwithstanding the foregoing, the User, if a natural person, may opt for an out-of-court resolution of the dispute in relation to the acquisition of the Products, through the online alternative dispute resolution platform through https://ec .europa.eu/consumers/odr.
19 - Information and Queries
For any information that the User requests about their order or about the characteristics of the products and services offered by GIRET, as well as to inform GIRET of any type of incident or claim, they should only write to the email address contacto@ giretcase.com through which GIRET will contact the User as soon as possible.