By means of this document the General Conditions of Contracting of the web site www.goldr.es are established, which has as its object the purchase and sale of products of María Dolores Rama Trillo (hereinafter, GOLDR), with NIF 34893349A and address located in Plaza de Galicia nº3, 15293 Carnota, by those natural or legal persons (hereinafter, contracting person or user) who express their will to acquire the products that are made available to them in the shop of the web site www. goldr.es by means of a request made by electronic means, specifically, via the Internet through this website owned by GOLDR.
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Terms and Conditions of Contract are permanently displayed on the website www.goldr.es, owned by GOLDR, and all users may file them, print them and, therefore, be previously informed of the conditions under which the products in the shop (hereinafter, the product) will be contracted.
Likewise, these General Conditions are reiterated together with a summary of the specific request - specific product/s contracted, cost with indication of taxes if applicable, shipping costs, etc. - for express acceptance by the contracting person, by clicking "I have read and accept the terms and conditions", each time a specific request is made through the website.
It is not technically possible for the contracting person to complete the application without acceptance of these General Terms and Conditions. In order for the contracting person to be able to make this acceptance and, therefore, to complete the order, he/she must provide his/her details when placing the order on www.goldr.es, at which time he/she accepts these Conditions and the Privacy Policy of the website.
By accepting these Conditions, the contracting person gives their express and unreserved consent for GOLDR to carry out the collection operations necessary for the acquisition of the product they are contracting, expressly authorising GOLDR to make the payments using the payment methods they have selected, or introduced from the secure area set up for this purpose, in accordance with the payment services regulations.
These General Conditions together with the specific request made via the Internet by the contracting person - also referred to as "Particular Conditions" - make up the content of the contract between GOLDR and the contracting person, who declares that they have sufficient capacity to contract and have read, understood and accepted these conditions.
GOLDR will send confirmation of the order placed to the e-mail address associated with the contracting person's account within a period of no more than twenty-four hours from the time the contracting person enters into the contract.
The contracting person will have these General Conditions permanently available on the website. Any subsequent modification of these General Conditions will be clearly displayed in an easily accessible place on the website www.goldr.es. All the aforementioned documentation may be printed and filed by the contracting person, and may be requested at any time from the Customer Service Department, via e-mail sent to store@goldr.es; or by calling the telephone number 695172440.
Any request for information, or claim that is considered pertinent, may be made to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant receipt - with the corresponding identification code - to the e-mail address to be provided to the Customer Service Department in order to process the complaint.
2.- SUBJECT MATTER
By this contract, GOLDR undertakes to deliver to the contracting person the product that he/she has requested through the website www.goldr.es in exchange for a set price and in accordance with the conditions established in this document.
3.- GOLDR'S RIGHTS AND OBLIGATIONS
3.1. Delivery of the product
GOLDR undertakes to deliver the product in perfect condition to the address indicated by the contracting person on the order form containing the specific conditions that are attached to these general conditions. GOLDR shall not be liable for any errors caused in the delivery when the data entered by the contracting person on the order form does not correspond to reality or has been omitted.
Unless otherwise agreed by the parties, GOLDR shall deliver the product by transferring its material possession or control to the contracting person, without undue delay and in accordance with the deadlines indicated on the website, which shall in no case exceed thirty calendar days from the conclusion of the contract.
Items purchased at www.goldr.es will be sent via Envialia.
3.2. GOLDR's liability
GOLDR shall in no event be liable in respect of:
- Errors, delays in access by the contracting person when entering their details on the order form, the slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of GOLDR. In any case, GOLDR undertakes to solve any problems that may arise and to offer all the necessary support to the contracting person in order to reach a rapid and satisfactory solution to the incident.
- Errors or damage caused by inefficient and bad faith use of the product by the contracting person.
- The non-operability of the email address provided by the contracting person to send the order confirmation.
GOLDR is fully responsible for the quality of the product and accepts the return of the same as long as they are defective or do not reach the contracting person in correct condition. In this case, GOLDR will cover the costs incurred as a result of such a return, provided that the contracting person notifies this fact within a maximum period of fourteen calendar days from the date of delivery and the product has not been consumed or altered in any way. GOLDR is exempt from all liability in relation to possible breakages or defects in the product produced after delivery of the product. Likewise, GOLDR shall have no liability in relation to a product that has already been consumed or used without any incident on the part of the contracting person who intends to make a claim.
The contracting person, before signing the delivery of the order, must check that the product is delivered in perfect condition, if he/she gives his/her conformity at the time of delivery, it is understood by both parties that the product was delivered correctly and that, therefore, the possible deterioration occurs after its delivery.
The contracting person expressly waives any contractual or extra-contractual liability for possible damages or losses arising from the aforementioned in this clause. In any case, GOLDR's liability if it fails to comply with the terms of this agreement in accordance with the terms of these general conditions will be limited to the refund of the amount that the contracting person may have paid in relation to the product and always after the contracting person has returned the product in question.
The contracted product has the guarantee of conformity foreseen in the Law. If the product does not conform to the contract, the contracting person may choose between demanding the replacement of the product, or, where appropriate, a reduction in its price or the termination of the contract, under the legally established terms.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON
4.1. Payment
The contracting person undertakes to pay the amount for the product effectively requested in the amount and form established in these Conditions.
This website has an SSL (Secure Socket Layer) security certificate. This security standard allows secure and encrypted data transfer between the user and the website. When a secure connection is established, the following is fulfilled:
- The security certificate guarantees the authenticity of the website (it is not a fake website).
- It encrypts the information that is transferred from the user's browser to the web server where the website is hosted.
4.1.1. Amount
The remuneration for the product effectively requested by the contracting person will be that indicated on the website and that which appears in the specific request of the contracting person at any given time (except in the case of typographical or manifest error); requests which will constitute the particular conditions of the order. The price of the product appearing on the website is always indicated in euros including taxes.
In the event of an error in the price of the product ordered by the contracting person, GOLDR will inform him/her as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. In the event that the contracting person cannot be contacted, the order will be considered cancelled and the amounts paid will be refunded in full, without any right to compensation.
The full final price shall include: taxes or fees, the amount of any increases or discounts applicable to the offer and any additional costs - for example, those associated with transport, means of payment, etc. - that are passed on to the contracting person, which shall be expressly accepted by the contracting person.
GOLDR will issue the invoice corresponding to the contracted product, detailing all the concepts that comprise it. The contracting person expressly consents to the invoice being sent electronically to the e-mail address provided when processing the order. At any time, the contracting person may communicate their wish to receive invoices in paper format, by means of a communication addressed to the Customer Service Department.
4.1.2. Methods of payment
The contracting person must pay the amount corresponding to the contracted product using any of the payment methods and procedures available on the GOLDR website. GOLDR only accepts payments made via Paypal, Virtual POS and bank transfer.
The GOLDR website complies with the standards linked to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that GOLDR will not be able to access or store any data provided by the customer when paying by virtual POS payment.
Additional charges associated with the selected payment methods must be paid and confirmed separately under the terms indicated on the website. PayPal has additional costs associated with it.
4.2. Withdrawal
The contracting person, who has the status of consumer in accordance with current legislation, may withdraw from the contract made on www.goldr.es, without the need for justification, within fourteen calendar days from the day of delivery of the last of the products included in the contract.
The contracting of those products that are made in accordance with the specifications of the contracting person and clearly personalised shall not be subject to cancellation.
In order to exercise the right of withdrawal, the contracting person must notify his or her decision to withdraw from the contract by means of an unequivocal statement to: GOLDR, at Plaza de Galicia nº3, 15293 Carnota, or store@goldr.es, indicating that he/she desists from the contract and providing the following data: order reference, date of receipt, name and surname of the contracting person and his/her address. Also, it will be able to use the model of form foreseen in the in force regulation on defence of consumers and users. If the cancellation is presented on paper, it must be duly signed by the contracting person. In order to comply with the deadline, it is sufficient for the notification to be sent before the deadline expires.
In the event of withdrawal by the contracting person, GOLDR shall refund all payments received, except dellivery costs, without undue delay. Such reimbursement shall be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise. The contracting person shall not incur any costs as a result of the refund, except those relating to delivery costs. GOLDR may withhold reimbursement until the goods have been received or proof of return of the goods has been provided.
The contracting person must return or deliver the products directly to GOLDR, at Plaza de Galicia nº3, 15293 Carnota, without any undue delay and, in any case, at the latest within fourteen calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the deadline has expired. The contracting person must bear the direct cost of returning the products. The cost of the return will depend on the transport and/or courier company selected by the contracting person to return the product.
4.3. Liability of the contracting person
The contracting person assumes all risks of deterioration, impairment, damage and loss of the product from the moment that the product has been placed at his disposal by the third party who, on behalf of GOLDR, delivers the ordered product.
The contracting party shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and, where applicable, the functioning of the products.
The contracting person undertakes to check the good condition of the product with the third party who, on behalf of GOLDR, delivers the product ordered, and to do so prior to signing the proof of delivery.
5.- RESOLUTION
LDR and the contracting person may terminate this contract for any of the causes established by law and in particular for breach of these General Conditions. The termination of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of GOLDR, duly identifying the contract that is to be terminated.
6.- COPYRIGHT AND TRADEMARK
LDR informs that the contents, programming and design of the website www.goldr.es are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited without the express consent of GOLDR.
GOLDR may use external sources for the preparation of its contents on certain occasions and/or establish links or hyperlinks to articles or information from third parties, always quoting the source. The legitimate owner of the copyright of the information thus included may at any time request the removal of the aforementioned references.
7.- DATA PROTECTION
The data provided by the contracting person in accordance with these General Conditions will be treated in accordance with the terms stipulated in the Privacy Policy published on the website.
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. They are competent to solve any controversy or conflict that derives from the present general conditions the Courts of Carnota, renouncing expressly the contracting person to any other jurisdiction that could correspond to him. The consumers can use the platform of extrajudicial resolution of litigations, derived from contracts of sale and purchase or provision of services celebrated on line, accessible through the following link: http://ec.europa.eu/odr.
9.- OTHER
In the event that any clause of the present document is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of the present conditions. The present contract is made only in Spanish. GOLDR may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly recognised by GOLDR.