Legal Notice and General Terms and Conditions of Use and Purchase.
- Owner Information
- Object and scope of application
- Status of User and agreement
- Changes to Legal Notice and General Conditions
- Intellectual and Industrial property rights
- GIVE AND RECEIVE’s liability
- Customer and User obligations
- Privacy and personal data protection
- Information on the Website
- Product Availability
- Transport and shipping costs
- Delivery methods and times
- Order cancellation or amendment
- Right of withdrawal
- Product returns
- Warranty on goods
- Nullity and inefficiency of the clauses
- Applicable legislation. Jurisdiction
1. Owner Information.
In compliance with Law 34/2002 on Information Society and Electronic Commerce Services (LSSICE), the legal details of the Website’s Owner are as follows:
Internet Website: www.lorenzoquinnjewellery.com/es and its subdomains (hereinafter the Website).
Company name: GIVE AND RECEIVE, S.L. (hereinafter GIVE AND RECEIVE)
Legal address: Carretera Llobatona n.º 8,D – 08840 Viladecans (Barcelona, Spain).
Tax ID Code: B65883449
Registration Data: Companies Registry of Barcelona, Volume 43,433, Folio 25, Sheet B-429589 Entry 1.
Tel.: (+34) 93 659 00 72
Fax (+34) 93 659 07 02
Registered code of conduct: None.
2. Object and scope of application.
The object of these General Terms and Conditions of Use and Purchase (hereinafter “General Conditions”) is to regulate the provision of information on the Website and the legal relationship that arises from the contracting processes carried out between Users and the Owner of the Website.
The online shop can process both national and international orders.
3. Status of User and agreement.
Access to, the use of and browsing through the Website confer the status of “User” to the visitor and implies unreserved acceptance of the Legal Notice and General Conditions. Access to this Website is free.
The purchase of any product or service confers the status of “Customer” on the User, requiring they acknowledge and accept the Terms and Conditions of Purchase included in these General Conditions in addition to any Specific Conditions that govern the purchase.
Only people over the age of 18 are authorized to use the e-commerce services offered via the Website.
By accepting the General Conditions, the Customer declares:
- That they are of legal age and have the legal capacity to enter into a contract.
- That they have read and accept these General Conditions.
GIVE AND RECEIVE places the e-mail address email@example.com at the disposal of Users and Customers for any queries they may have in relation to the General Conditions.
4. Changes to Legal Notice and General Conditions.
GIVE AND RECEIVE may revise the General Conditions without prior notice. Therefore, it is advisable to read them on every visit to the Website. The amendments will come into effect as soon as they are published on the Website and will not be applied to orders completed prior to that date. In any case, the date of the change will be clearly listed. All purchases are subject to the General Conditions valid on the date the order is placed. In all cases, the General Conditions can be consulted before completing any purchase process.
5. Intellectual and Industrial property rights.
All content published on the Website and especially the designs, texts, graphics, logos, icons and buttons, as well as the software, trade names, trademarks or industrial drawings and any other signs for industrial and commercial use are subject to the intellectual and industrial property of GIVE AND RECEIVE or third-party owners who have duly authorized their inclusion on the Website. Under no circumstances will it be understood that any licenses are granted or waived, transferred or assigned, in full or in part, for said rights, nor will any right be conferred, especially those of exploitation, reproduction, distribution, transformation or public communication of the contents, without the previous express and written consent of GIVE AND RECEIVE or the Owners.
6. GIVE AND RECEIVE’s liability.
The products and services provided on this Website comply with relevant Spanish legislation. Access to the Website is voluntary and at the sole risk of the User, who will be held liable for all direct or indirect damages that might arise from their use of the Website, including but not limited to, any adverse economic, technical and/ or legal effects or the failure to meet any expectations generated by our Website. The User shall hold GIVE AND RECEIVE blameless for any claim that may derive, either directly or indirectly incurred from such events.
GIVE AND RECEIVE shall not be liable for any damages that may result from interference, omissions, interruptions, computer viruses, errors and/or disconnections in the operation of this electronic system or the devices and computers belonging to the Users due to causes beyond GIVE AND RECEIVE’s control which prevent or delay the provision of services or browsing through the shop; delays in its use or site crashes caused by shortcomings or the overloading of the internet or other electronic systems; or the inability to provide the service or allow access to it for reasons that cannot be attributed to GIVE AND RECEIVE, caused by the User, third parties or force majeure events. In general, GIVE AND RECEIVE does not monitor the use of the Website. More specifically, GIVE AND RECEIVE shall not under any circumstances be held liable for its Users’ not using the Web Site in accordance with the law, these General Conditions, generally accepted good practices and moral standards and public order, nor for their not doing so diligently and cautiously.
GIVE AND RECEIVE’s civil responsibility for goods supplied will be limited to their economic value. The User or Customer expressly waives the right to claim any damages from GIVE AND RECEIVE for possible failures, delays or errors in access to the Website, including the loss of data or other types of information that may be stored on the User’s computer or network.
Should the Website make available to the User links to other third-party websites or advertising, GIVE AND RECEIVE is neither obliged to previously monitor, nor monitors, approves or owns the services, content, data, files, products or any other material that exists on the third party webpage or webpages. Thus, GIVE AND RECEIVE assumes no liability under any circumstances for the legality of the content on said webpage/s, which is the sole responsibility of the third parties, including but not limited to respecting the legality, moral standards, good practices and public order of the content and ensuring there is no infringement of third party rights. The existence of a hyperlink does not imply a relationship of any nature between GIVE AND RECEIVE and the owner of the website.
Any Users or third parties who wish to establish a hyperlink to the Website must guarantee that the link only allows access to pages or services belonging to the Website, but performs no other actions, including, but not limited to, deep links, browsers, inaccurate or incorrect statements on, or the reproduction of, content or the Website itself. Except for any signs that are part of the hyperlink, the User agrees that the website on which the link is found will not contain any trademarks, trade names, business signs, names, logos, slogans or other distinctive marks belonging to GIVE AND RECEIVE and/or its partners.
8. Customer and User obligations.
In general, the User agrees to comply with these General Conditions and to meet the special warnings or instructions contained therein or on the Website; to always act according to law, good practices and the requirements of good faith, using due diligence and abstaining from using the Website in any way that may prevent, damage or deteriorate its normal functioning, the property or rights of GIVE AND RECEIVE, its suppliers, other Users or any other third party. Access to and the use of the Website by minors without the express consent of their parents is prohibited. GIVE AND RECEIVE is not responsible for the truthfulness and accuracy of the data filled out by the User and therefore cannot verify their age.
Specifically, and without implying any restriction on the previous section when using the Website, the User agrees:
- a) To provide truthful and accurate information on the User registration or order confirmation forms, and keep it updated.
- b) Not to enter, store or publish to or from the Website any information or material that is defamatory, libellous, obscene, threatening, racist, incites violence or discrimination based on race, gender, ideology, religion or in any manner infringes moral standards, public order, fundamental rights, civil liberties, honour, privacy, the image of third parties others or current regulations.
- c) Not to enter, store or transmit by means of the shop webpage any programmes, data, virus, code or any other electronic or physical device capable of causing damage to the Website or any services, equipment, systems or networks belonging to GIVE AND RECEIVE, any of its suppliers or any other User or third party.
- d) To keep the Customer account “User name” and “password” safe at all times, assuming liability for any damages arising from the misuse thereof.
- e) Not to carry out advertising or commercial activities through the Website, or use its contents or information to send publicity or messages with any other commercial purpose or collect or store the personal data of any third parties without express permission.
- f) Not to use false identities or impersonate others when using the Website or any of its services, including the use, where appropriate, of the passwords or access codes of third parties.
- g) Not to destroy, alter, disable, damage or use for personal gain the data, information, programmes or electronic documents property of GIVE AND RECEIVE, its suppliers or any third parties.
- h) Not to enter, store or transmit through the Shop webpage any content that infringes the intellectual or industrial property rights or business secret of third parties, or in general any content if they do not have the legal right to make it available to third parties in accordance with the law.
- i) To respect the product recommendations offered by GIVE AND RECEIVE.
The Customer agrees to make delivery of their order possible by providing a correct delivery address at which the delivery can be made in standard delivery hours. GIVE AND RECEIVE shall not be liable for any delay or failure to deliver the Customer’s order due to incorrect or incomplete address information.
9. Privacy and personal data protection.
For the purposes of the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter LOPD), GIVE AND RECEIVE reports the existence of files of personal data created by and under the responsibility of GIVE AND RECEIVE, S.L. with data obtained on the Website.
The file names and purposes are as follows: GESTION Y E-COMMERCE for the management of the contractual relationship between GIVE AND RECEIVE and the Customer entered into by means of the online shop (Customer registration, transactions with or without purchase order history and the business relationship); ACCIONES COMERCIALES for sending the Newsletter to the Customers that request it and for any promotional and marketing activities either by GIVE AND RECEIVE or third parties that may be of interest to them, based on the study and segmentation of the data gathered via their browsing history on the Website or the data provided by filling in a form, in addition to those deriving from the business relationship with the Customer or the delivery of the products sold.
The User agrees to provide the personal data required to register as a Registered User on the Website and to complete online purchases (name and surname(s), full postal address, e-mail address and telephone number). The entry of this data is compulsory, and any failure by the User to provide it, or the provision of false, inaccurate or incorrect information will prevent GIVE AND RECEIVE from correctly managing orders or requests.
GIVE AND RECEIVE may request additional personal data to facilitate the delivery of the products. The User is entitled to omit any information or personal circumstance that is not absolutely necessary for their registration as a Customer or to complete the purchase order.
If the User accepts, by checking the “Newsletter” box provided, their data may be used by GIVE AND RECEIVE to send them advertising or information on offers to their postal or e-mail address or through any other media. The User may choose at any time to reject the sending of such information by sending a request via e-mail to firstname.lastname@example.org, indicating “UNSUBSCRIBE” or via the revocation mechanisms included in the electronic submissions.
Moreover, the User authorizes the disclosure of their personal information to third parties for the effective fulfilment of the products and/or services. Third parties are defined here as “the associates of GIVE AND RECEIVE, who provide specific services to their Customers” and in particular, transport companies contracted to manage order deliveries. GIVE AND RECEIVE agrees not to transfer the personal data of any Users to unauthorized third parties without their prior consent.
GIVE AND RECEIVE, as the receiving company of the data collected on this page, agrees to respect and facilitate the exercise of the rights recognized by law by any interested parties, and in particular, the rights to access, rectify, cancel and oppose, if appropriate, their personal data. These rights may be exercised by the User by written request to GIVE AND RECEIVE with registered offices in Carretera Llobatona n.º 8, D – 08840 Viladecans (Barcelona, Spain) or via e-mail to email@example.com. A photocopy of the User’s ID card or other proof of identity accepted under the law must be provided – or in the case of representation, documentary proof thereof – indicating an address for notifications, the date and signature of the applicant and the right to be exercised. This must be undertaken in a media that allows the sending and the receipt of the request to be recorded.
GIVE AND RECEIVE declares and guarantees that it complies with safety standards for the protection of personal data under the current legislation, in particular with the provisions of Royal Decree 1720/2007 of 21 December, approving the Regulation implementing the Data Protection Act , and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access or theft of data provided by Users. Our server is located in Spanish territory. Card payments are made via secure payment gateway with Santander Elavon Merchant Services Entidad de Pago. Therefore, GIVE AND RECEIVE does not store information relating to the credit/debit cards. This gateway uses the SSL protocol, encrypting the data sent so that no one can appropriate it as they do not have the required key. The User can verify that the transmission is secure when the padlock symbol appears in their browser and the URL is slightly different: it no longer starts with “http” but with “https”. All this without prejudice to the fact that the User expressly acknowledges and agrees that internet security measures are not infallible.
GIVE AND RECEIVE may collect information on the browsing habits of Website Users by means of cookies and log files. Cookies will not be used to collect personal data. They will only be installed if the User remains on the Website and continues to browse, implying that they consent to their use and installation. Below we provide detailed information on what a cookie is, what it does, what types of cookies we use, what their purpose is and how they can be configured or disabled if Users so wish.
1. What is a cookie and what is it used for?
A cookie is a small file that is stored on the User’s computer, tablet, smartphone or any other device and contains information on the navigation on the site.
Together, the cookies of all our Users help us improve the quality of our Website by enabling us to monitor which pages are useful, which are not and what could be improved.
Cookies are essential for the functioning of the internet, offering many advantages in the provision of interactive services, and making browsing on and using our Website easier.
Under no circumstances will cookies be able to damage your terminal. On the contrary, active cookies allow us to identify and resolve errors.
2. What types of cookies do we use?
Depending on who manages them:
First-party cookies: These are sent to the User’s terminal by our own computers or domains and from which the service requested is provided.
Third-party cookies: These cookies are sent to your terminal from a terminal or domain managed by another company. This includes cookies used by social networks or external content such as Google Maps.
Depending on the length of time they remain enabled:
Session cookies: These are temporary cookies that remain in the browser cookie file until the User leaves the Website. Therefore, none are saved onto the computer hard drive. They are used for storing information that is only required to provide the specific service requested by the User on one occasion (for example, a list of products purchased).
Persistent cookies: These are stored on the User’s hard drive and are read by our Website every time the user visits it. Persistent cookies have a fixed expiry date on which they are disabled. We generally use these cookies to tailor the User experience, such as in setting the default language.
Depending on their purpose:
Technical cookies: These are necessary for the proper functioning of our Website and its navigation. For example, they allow the monitoring of site traffic and data sending, session ID, restricted sections to be accessed, order lines to be stored, purchase orders to be made, security features to be used, and content to be stored in order to broadcast videos or share content via social networks.
Customization cookies: These cookies allow the User to access the service with certain predefined characteristics according to a number of criteria such as language, the type of browser being used to access the service, the regional configuration from which the service is being accessed, etc.
Analysis cookies: These cookies allow us to count the number of visits, and verify the means of access and interaction with the Website in order to measure and analyse the usage statistics of the services provided. The User’s browsing profile on our Website is analysed to improve the products and services we offer.
Advertising cookies: These cookies allow the most effective management of advertising spaces included on our Website.
Behavioural advertising cookies: These cookies store behavioural information on Users obtained by means of continuous observation. They allow us to learn about the User’s internet browsing habits and display advertising content tailored to their browsing profile.
Purpose of each cookie used:
The types of cookies we use on our Website and their purposes are listed below:
|STRICTLY NECESSARY COOKIES|
|PHPSESSID||1 day||This cookie is used to store a User’s session ID when they visit our Website. It is a way to identify and manage the status – the session variables – for a specific User, and be able to move that information through the Website’s pages.|
|wordpress_logged_in_*||15 days||This cookie is used for registered Users.|
|These are cookies for the functioning of the online shop. They identify the shopping basket, store the number of items in the shopping basket and the time it was last viewed.|
|_icl_current_language||1 day||This cookie is for setting the language used on the Website.|
|country||7 days||This cookie stores the country.|
|These Google cookies gather information on the User’s preferences in order to optimize the services Google offers.|
|These cookies allow the User to access their Facebook account from the Website in order to interact with social media.|
|guest_id||20 months||This cookie allows the User to access their Twitter account from the Website in order to interact with social media.|
|These cookies are installed when a Vimeo video is shown on a page. They appear under these domains: av.vimeo.com, vimeo.com, player.vimeo.com and secure-a.vimeocdn.com, and allow any potential problems with the reproduction to be diagnosed.|
|GOOGLE ANALYTICS COOKIES|
|These cookies allow the visits to the Website to be monitored by Google Analytics, a service provided by Google, to gather information on User accesses to web pages. Data is gathered for posterior analysis and includes the number of visits a User has made to the site, the dates of the first and last visits, the length of the visits, the page from which they accessed the Website, the search engine used, their location, etc.|
NOTE: This list will be updated as swiftly as possible following any changes in the services provided by the Website. However, during the update, the list may occasionally fail to include a cookie, although it will always contain cookies with an identical purpose to those listed here.
How can the User enable or disable cookies?
The User can enable, disable or delete cookies stored on their terminal using their internet browser’s configuration options. If you do not allow cookies to be installed in your browser you may be unable to access some services or your experience on the Website may be less satisfactory.
You will find information on enabling or disabling cookies in each browser in the links below:
GIVE AND RECEIVE never stores Users’ personal information, unless they wish to register voluntarily in order to purchase our products and services or receive information on promotions or content of interest to them.
Set out below are the steps to follow in order to place an order:
Step 1 – Access the Website: Orders must be placed through the Website.
Step 2 – Fill the shopping basket: To place an order, the User must follow the instructions on the screen to add the desired product to the shopping basket.
The prices and offers displayed on the Website are valid exclusively for online orders. All prices displayed on our Website exclude VAT as informed next to the prices.
Step 3 -User registration: Register as a User, following the instructions to fill in the electronic form that appears on the Website. Creating an account will allow the User to retrieve their billing and shipping details in future orders.
Step 4 – Confirm the order: In order to confirm the order, the form containing the User’s billing information, delivery address and payment method must first be filled in.
Confirmation of the order by the Customer indicates the express knowledge and acceptance of the Terms and Conditions of Purchase included in these General Conditions as part of the agreement. Unless proven otherwise, the information recorded by GIVE AND RECEIVE constitutes proof of the total transactions between GIVE AND RECEIVE and its Customers. GIVE AND RECEIVE will save and file the electronic document in which the contract is formalized.
Once the purchase has been completed, and in the shortest period possible, but always within the 24 hours following the purchase, GIVE AND RECEIVE will send the Customer an order confirmation via e-mail. If the Customer does not agree with the information contained within the order confirmation, they may request its amendment or cancel the contract.
Step 5 – Payment: Connection with the secure payment platform if the Customer selects “Credit/Debit card” as the Payment Option. For more information, see section 16. Payment.
12. Information on the Website.
GIVE AND RECEIVE takes every precaution to ensure that the information on this Website is true and free of typographical errors. In the event than an error of this type is detected, contrary to our intention, GIVE AND RECEIVE will proceed to correct it immediately. In the event of a pricing error, and if a Customer has already based their decision to purchase a product on the incorrect price, GIVE AND RECEIVE will notify them of the matter and the Customer shall have the right to cancel the order at no cost.
Likewise, the Website content may, on occasion, show provisional information on some of the products. If the information provided does not correspond to the product characteristics, the Customer has the right to cancel their order at no cost to them. GIVE AND RECEIVE will take every precaution to ensure the information, statements and expressions related to the products being sold on the Website are true. All the contractual information on this Website is published in Spanish and/or English. Both languages will be used in all communications with Customers and Users and in finalising the purchase agreement. In the event of a discrepancy between the published versions, the Spanish version will prevail.
GIVE AND RECEIVE’s product offering is valid indefinitely, and may be modified, rectified or cancelled without prior notice to the Customers or regular or sporadic consumers.
GIVE AND RECEIVE reserves the right to make any changes or amendments it deems necessary for the satisfactory functioning of the Website without prior notice.
13. Product Availability.
The range of products offered on the Website is valid as long as they are visible on the Website. Each
The carrier’s delivery time must be added to this. These delivery times are calculated in working days – from Monday to Friday – as GIVE AND RECEIVE does not make shipments on Bank Holidays, Saturdays or Sundays. The delivery times indicated are approximate. In the event of a stock shortage or if an article is temporarily unavailable when processing the order, GIVE AND RECEIVE will contact the Customer to advise them immediately and to offer a new delivery time or – if the product cannot be delivered – cancel the order. In all cases, a delay in the informed delivery time will not give the Customer any right to compensation.
The product price shall be the valid price at the moment the order is accepted by GIVE AND RECEIVE. If the Customer makes an order with an incorrect price, GIVE AND RECEIVE shall notify them of the correct price and, if the Customer chooses to continue with the purchase, the correct price will be applied. Otherwise, the Customer shall have the right to cancel their purchase at no cost to them.
The prices indicated on the Website do not include European taxes. International orders will be subject to local taxes that will be paid by the Customer on delivery. During the purchase process, the value of tax at the applicable rate for the products or services will be clearly itemised, based on the billing and shipping (country) information.
15. Transport and shipping costs.
All transport and handling costs are included in the price. The Customer will be responsible for Customs clearance and the payment of duties. This has nothing to do with GIVE AND RECEIVE. Moreover, GIVE AND RECEIVE shall not be held responsible for any delay in transport resulting from the following:
1 – Incorrect or incomplete address.
2 – Failure to supply a contact telephone number.
3 – Transport strikes.
If the Customer sees no damage on the outer packaging on delivery, but upon opening it detects damage caused during transport, they shall report it to the transport company within 24 hours and contact GIVE AND RECEIVE. Otherwise, the product shall be considered accepted. After this period, the transport company will consider the delivered product to be in perfect condition and will not accept liability for any damage.
GIVE AND RECEIVE offers several payment methods to allow the Customer to choose the method that best suits them:
Payment by Credit/Debit card. Visa, MasterCard and American Express have developed a system for making secure online payments. Secure electronic commerce systems require the card issuer (a bank or savings bank) to identify the card holder before authorizing the online payment. GIVE AND RECEIVE adheres to this security protocol via which, once the product has been selected and the card details entered, opens a window connecting with the issuing bank Santander Elavon Merchant Services Entidad de Pago requesting the User’s identity while displaying one the following icons:
The card details and PIN number are protected by this security system as soon as they are introduced. Once identification is complete, the Issuer informs GIVE AND RECEIVE that the purchase is being made by the card holder, meaning that the process can be completed. If identification is unsuccessful, the issuing bank informs GIVE AND RECEIVE so that it can act accordingly.
This window is beyond the control of GIVE AND RECEIVE, and any issues that may arise with it are the sole responsibility of the issuing bank. In case of an incident, the issuing bank must be contacted directly.
GIVE AND RECEIVE reserves the right to refuse any transaction carried out with a credit/debit card. In this case, the full amount will be reimbursed on the card used to make the original purchase. In these cases, and if the Customer wishes to proceed with the purchase, GIVE AND RECEIVE will request payment via Paypal.
Should the Customer default in making a payment, GIVE AND RECEIVE shall the order shipment. The purchase process will be deemed incomplete, and therefore contractual obligations will cease to exist with the Customer.
17. Delivery methods and times.
The products ordered are sent to the delivery address supplied by the Customer in the Shipping Data section in the order. If the order includes several articles with different availabilities, the projected delivery date will take into account the longest delivery time. In exceptional cases, GIVE AND RECEIVE reserves the right to split the order, sending the available products first and leaving the unavailable products for a second delivery. In this case, the second delivery will be made at no additional cost to the Customer. All product orders are subject to being accepted by GIVE AND RECEIVE. No shipments will be made by GIVE AND RECEIVE unless the Administration Department has confirmed receipt of the order payment.
Delivery times will vary depending on the country and delivery zone. GIVE AND RECEIVE uses prestigious courier companies such as FEDEX to transport and deliver the orders. Specific delivery times cannot be arranged. The delivery time for orders dispatched from our warehouse from Monday to Friday is 48-72 hours. For international orders, the estimated delivery time will be indicated during the purchase process. GIVE AND RECEIVE assumes no responsibility for possible delivery delays due to Customs procedures.
In the event that the Customer detects an issue when their order is delivered (damaged packaging or missing/damaged goods), it must be clearly indicated on the carrier’s delivery note and GIVE AND RECEIVE must be notified via e-mail at firstname.lastname@example.org in the 24 hours following delivery. No returns of damaged goods or claims for missing products will be accepted if notice has not been given within the established period of time. All this without prejudice to every consumer’s guarantee on products that do not match the sales order, in accordance with current regulations.
18. Order cancellation or amendment.
The Customer can make changes to any order that has not been shipped. If, for any reason, they want to change a confirmed order, they must inform of the desired changes as soon as possible via e-mail to email@example.com. Any difference in value between the original order and the amended order will be processed by means of the standard payment method. The cost of the return and the new delivery will not be covered by GIVE AND RECEIVE.
For their part, GIVE AND RECEIVE will not substitute any product or product model without first consulting the Customer. If, for reasons beyond GIVE AND RECEIVE’s control, the order cannot be fulfilled, the Customer will be offered the opportunity to change it for another product of similar characteristics or the right to cancel the order altogether.
If the Customer cancels an order when it has already left GIVE AND RECEIVE’s premises for delivery to its destination, or package is refused on delivery, GIVE AND RECEIVE may demand the payment of any transport costs incurred.
If the Customer cancels or refuses a confirmed order containing expressly-acquired products, GIVE AND RECEIVE may demand the payment of a minimum compensation of 50 % of the purchase price as compensation for damages, in addition to any costs incurred in transport and storage.
19. Right to withdrawal.
The Customer has the right to withdraw from the contract by returning the product purchased from GIVE AND RECEIVE, subject to the provisions detailed below:
The Customer has 14 calendar days after the receipt of the product to exercise their right of withdrawal with no obligation to inform of the motive of the decision.
If a single purchase order contains multiple products that are delivered separately, the withdrawal period will begin on the day that the Customer, or a designated third party other than the carrier, received the last product.
Exercising the right of withdrawal:
To exercise the right of withdrawal in relation to the products purchased in the online shop of GIVE AND RECEIVE, the Customer must inform of their decision to withdraw by means of an express and unequivocal declaration (for example, a letter sent to the following postal address: Carretera Llobatona n.º 8, D – 08840 Viladecans (Barcelona, Spain), or an e-mail sent to firstname.lastname@example.org.) The Customer can use the withdrawal form GIVE AND RECEIVE puts at their disposal here, although its use is not compulsory. If the Customer selects this option, GIVE AND RECEIVE will immediately notify receipt of the withdrawal request on a durable medium such as an e-mail.
The withdrawal notice must include the Customers full name, full address, e-mail address (if sent via e-mail) and the order reference number.
In order to safeguard the withdrawal period, the Customer must send the notice of their intention to exercise this right before the corresponding period expires.
The exercise of this right will not imply the imposition of any penalties.
Consequences of withdrawal:
If the Customer withdraws from the contract, GIVE AND RECEIVE will reimburse the value of the order (with the exception of any Customs duties) without undue delay, and in any event within a maximum of 14 calendar days after the receipt of the withdrawal notice. GIVE AND RECEIVE will make the reimbursement with the same payment method used by the Customer in the initial transaction; in any event, the Customer will not incur any fees as a result of the reimbursement. GIVE AND RECEIVE may withhold reimbursement until the goods have been received at their premises or the Customer has provided proof of return, whichever is the earliest.
The Customer will return or deliver the goods directly, without undue delay, and in any event no later than 14 calendar days from the date on which they give notice of their withdrawal from the contract. The withdrawal period will be deemed observed if the return of the products is completed before the period expires, sending them to:
ATTN: Returns Department (GIVE AND RECEIVE, S.L.)
Carretera Llobatona n.º 8, D – 08840 Viladecans (Barcelona, Spain)
The Customer must cover the direct cost of the product return.
In all cases, the returned products must be in perfect condition, in the original packaging and include all the accessories, Certificates of Guarantee or Origin and promotional gifts they were received with. If this is not the case, the right of withdrawal cannot be exercised.
The Returns Department will ensure that the product is correct and in perfect condition before authorizing the Administration Department to proceed with the reimbursement; the Customer will be notified via e-mail.
Returns for withdrawal will not be accepted for the following products:
- a) Products that have not been exclusively acquired via the Website.
- b) Products that are not in perfect condition, with their original packaging and all the original accessories; products that show signs of deterioration, damage or having been manipulated or tampered with; or products that have been negligently or unlawfully used by the Customer.
- c) Sealed products if they have been opened or unsealed by the Customer.
If the Customer withdraws in the case of promotions in which various separate articles are acquired as part of a pack (for example 3×2, 2×1), all of the products included in the promotion must be returned. If the Customer wishes to change or return part of the products purchased in this type of promotion, it will not be treated as a withdrawal. As the complete packs are not being returned, the reimbursement of the product value will not be made via the same payment method as the purchase. Instead, a credit note will be issued for the value of the returned products to be used in one or more future purchases within 1 year from the moment the return is processed.
20. Product returns.
This right is additional to the right of withdrawal mentioned above. In the following cases, the return period will be of 7 calendar days after the purchase or receipt of the product. The Customer may opt for the substitution of the product for another identical product in perfect condition or exchange it for other products of equal or superior value, crediting GIVE AND RECEIVE with the difference.
The following circumstances may lead to a product return:
- a) The product has been damaged during transport: If the Customer detects any defect in the packaging or the product on receipt, it shall be duly noted on the carrier’s POD (proof of delivery) and notice given to GIVE AND RECEIVE via e-mail at email@example.com within 24 hours of the delivery. If detected after the product is opened, the Customer has a further 7 calendar days to give notice of the issue.
- b) The product does not match the order: the discrepancy must be reported within 7 calendar days. GIVE AND RECEIVE will cover the costs of the return of the incorrect product and the delivery of the correct order item.
- c) Missing product: If on receipt the Customer detects a missing product, it must be noted on the carrier’s POD (Proof of Delivery) and reported to GIVE AND RECEIVE within the following 24 hours at the e-mail address: firstname.lastname@example.org. If detected after the product is opened, the Customer has a further 7 calendar days to give notice of the issue.
If the Customer wishes to make a partial change or return of the products, and as it is not a withdrawal of contract, instead of the reimbursement of the product value being made via the same payment as the purchase, a credit note will be issued for the value of the returned products to be used in one or more future purchases within 1 year from the moment the return is processed.
In all cases, the returned products must be in perfect condition, in the original packaging and include all the product manuals, accessories or promotional gifts they were received with. The return will be made by shipping the products to the following address. The RMA number will be clearly and visibly indicated on the package:
ATTN: Returns Department (GIVE AND RECEIVE, S.L.)
Carretera Llobatona n.º 8, D – 08840 Viladecans (Barcelona, Spain)
The Returns Department will ensure that the product is correct and in perfect condition before authorizing the Administration Department to proceed with the reimbursement; the Customer will be notified via e-mail.
No returns of damaged goods or claims for missing products will be accepted if notice has not been given within the established period of time. All this without prejudice to every consumer’s guarantee on products that do not match the sales order, in accordance with current regulations.
21. Warranty on goods.
GIVE AND RECEIVE guarantees the quality of their products on delivery. A Certificate of Guarantee or Origin will be included with the product to certify the authenticity of the product or piece purchased. From the moment of receipt, the Customer assumes responsibility for the conservation and correct handling of the product to prevent its premature deterioration and will, specifically, avoid knocks, the use of abrasive products and solvents, as well as alterations or tampering. In no case will GIVE AND RECEIVE accept or cover any costs, for any motive, for the return of products once the delivery has been finalized.
All notifications, requests, petitions and other communications made by the parties in connection with these General Conditions shall be in writing and shall be deemed to have been duly given or made when sent by regular mail to the other party’s postal address or by e-mail to the other party’s e-mail address, or to another postal or e-mail address that may be designated by either party for this purpose.
23. Nullity and inefficiency of the clauses.
Should any of the provisions of these General Conditions be declared partially or totally null and void, such invalidity shall only affect said provision or part of this proving to be null and void, with the General Conditions continuing to be in force in all other aspects, said provision or the part of it affected being deemed not to be included.
24. Applicable legislation. Jurisdiction.
Purchases made on GIVE AND RECEIVE are subject to Spanish legislation.
These General Conditions are subject to the following regulations, among others:
Law 7/1996, of 15 January, on the Regulation of Retail Trade.
Law 7/1998, of 13 April, on General Contract Conditions.
Law 3/2014, of 27 March, which amends the Text of the legislation on Consumers and Users (RDLeg 1/2007), of 16 November, and other complementary laws.
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
Organic Law 15/1999, of 13 December, on the Protection of Personal Data (“LOPD”).
In the event of a conflict or discrepancy in the interpretation or application of the provisions in these General Conditions, the matter will be submitted to the competent Courts and Tribunals for consideration. As a matter applying to end consumers, this will be in the place of the performance of the obligation or the purchasing party’s place of residence.
In the event that the purchasing party acts in representation of a legal entity, both parties submit to the Courts and Tribunals of Barcelona (Spain), expressly waiving their right to any other jurisdiction.
GIVE AND RECEIVE® – Last update: January 2017