USE AND PURCHASE CONDITIONS
2. OUR DETAILS
The sale of products through this website is carried out under the name Globalmarks, S.L.U, a Spanish company domiciled at Calle Germán Bernácer 61, Elche Parque Empresarial, Elche – 03203 Alicante, Spain, registered in the Companies Registry of Alicante and Province, volume 3324, General Section, Folio 149, Section 8. Page A-114,272, entry 1 and Tax Identification Number B54365036.
3. YOUR DATA AND VISTIS TO THIS WEBSITE
The information or personal data you provide will be handled in accordance with the terms established in the Data Protection Policies. By using this website, you agree to the handling of said information and data and state that all the information or data you provide us with are true and correspond to reality.
4. USE OF OUR WEBSITE
Upon using this website and placing orders through it, you commit to:
i. Using this website only to consult or place legally valid orders.
ii. Not placing any fake or fraudulent orders. If it may be reasonably considered that you placed an order of this kind, we will be authorised to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order. Upon placing an order via our website, you declare yourself to be over 18 years of age and to have legal capacity to sign contracts.
5. AVAILABILITY OF THE SERVICE
The items offered via our website are only available for shipping to countries belonging to the European Union.
6. HOW THE CONTRACT IS FORMALISED
The information contained in these Conditions and the details contained on this website do not constitute a sale offer, but rather an invitation to accept a contract. There will be no contract between you and us regarding any of our products until your order has been expressly accepted by us. In the event that your offer is not accepted, and if there has already been a charge on your account, the amount of the same will be fully refunded to you.
To place an order, you shall follow the online purchase procedure and click on "Autorizar pago" [Authorise payment]. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Take into account that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance. You will be informed of our acceptance in the email in which we confirm that the product is being shipped (the "Shipment Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will be formalised only once we have sent you the Shipment Confirmation. Only the products listed in the Shipment Confirmation will be subject to the Contract.
We will not be obliged to supply you with any other product that may have been ordered until we confirm its shipment in a Shipment Confirmation.
7. PRODUCT AVALABILITY
All product orders are subject to availability. In this sense, if there are difficulties in supplying the products or products are out-of-stock, we reserve the right to provide you with information on substitute products with the same or higher quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove a product from this website at any moment and remove or change any material or contents of the same. Although we will do everything we can to process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation. We therefore reserve the right to do so at any moment. We will not be liable before you or any third party for removing any product from this website, removing or changing any material or content of the website, or for not processing an order once we have sent the Order Confirmation.
Notwithstanding the stipulations of the preceding clause 7 regarding the availability of the products, and unless unusual circumstances arise, we will try to ship the order consisting of the product/s listed in each Shipment Confirmation before the delivery date appearing on the Shipment Confirmation or within five (5) business days for deliveries within Spain (peninsula) and Portugal (peninsula) and seven (7) business days for deliveries to the European Union, as from the Order Confirmation date.
Nevertheless, there may be delays for reasons such as the customisation of the products, unexpected circumstances or the delivery area.
If for any reason we cannot fulfil the delivery deadline you will be informed of this circumstance and we will give you the choice of carrying on with the purchase and establishing a new delivery date, or cancelling the order with a full refund of the paid amount. In any case, please take into account that we will not carry out home deliveries on Saturdays, Sundays or holidays.
As per these Conditions, it will be understood that the "delivery" has been carried out, or that the order has been "delivered" at the moment in which you or a third party indicated by you is in physical possession of the products, which will be confirmed by signing the order receipt at the agreed delivery address.
10. WHEN DELIVERY IS IMPOSSIBLE
If it is impossible for us to deliver your order, your order will be returned to our warehouse. Additionally, we will leave you a notice informing you that your order has been returned, and you must contact us to arrange a new delivery. If you are not going to be at the place of delivery at the agreed time, we ask that you contact us to arrange for delivery on another day.
If five (5) business days for deliveries within Spain (peninsula) or Portugal (peninsula), or 7 business days for deliveries in the European Union, have elapsed from the date on which your order is ready for delivery and the order has not been delivered for a reason not attributable to us, we will assume you wish to cancel the Contract and we will consider it cancelled. As a consequence of the cancellation of the Contract, we will return the amount paid for the acquired product, excluding shipping costs and/or management expenses (Ceuta, Melilla, the Canary Islands or international shipments, including Portuguese islands), without undue delay and, in any case, within a maximum period of 14 days from the date on which the Contract is considered to be cancelled.
11. TRANSFER OF RISK AND PROPERTY
The risks entailed by the products will be your responsibility once they are delivered. You will acquire ownership of the products when we receive complete payment of all the due amounts applicable to them, including the shipping costs (when they have been paid), or else at the moment they are delivered (in accordance with the definition in preceding clause 9), if delivery takes place after payment.
12. PRICE AND PAYMENT
The price of the products will be as stipulated at any given time on our website, except when clearly erroneous. Although we try to ensure that all the prices appearing on the website are correct, some errors may occur. If we discover an error in the price of any of the products that you have ordered, you will be informed as soon as possible and you will be given the option of re-confirming your order at the correct price or cancelling it. If we cannot contact you, the order will be considered cancelled and you will be refunded for any amounts paid. We will not be obliged to supply any product at the lower, incorrect price (even if you have been sent Shipment Confirmation) if the error in the price is obvious or could reasonably have been recognised by you as an incorrect price.
The prices on the website include the VAT, but exclude shipment costs for shipments to territories outside of Spain, which will be included in the total due amount.
Prices may change at any moment, but (except as previously established) any changes will not affect the orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase they will be added to your basket and the following step will be to process the order and make payment. To do so you must follow the purchasing process steps, filling in or checking the information requested from you in each step.
During the purchasing process, before making payment, you may change your order information. You may consult the detailed description of the purchasing process in the Purchasing Guide. If you are a registered user you may consult all of the orders you have placed in the My Account section. You can pay with Visa, Mastercard, PayPal (when available) and bank transfer.
To minimise the risk of unauthorised access, Farrutx works with virtual POS. The virtual POS is a device prepared to work in a totally secure way within the Internet sales transaction, that is:
A.- If the acquiring Financial Entity decides to do so, the POS will try to contact the bank that issued the card to request the authentication of the holder (verification of their identity). This ensures that only the real holder, the owner of the card, can use it.
B.- It will implement SSL (Secure Sockets Layers) in all communications inhibiting the interception of information by third parties. Confidentiality will thus be ensured in all communications established during the transaction.
C.- It also enables mechanisms to verify the authenticity of the transaction origin. This prevents third parties from manipulating the information and guarantees the integrity of the transaction. D.- All transactions done through Virtual POS will have all safety, confidentiality and integrity guarantees for the participating stakeholders: cardholders and their issuing entities, and shops and their acquiring entities. When clicking on "Autorizar pago" [Authorise Payment] you are confirming that the credit card is yours.
Credit cards are subject to verifications and authorisations from their issuing entities, but if said entity does not authorise the payment we will not be held liable for any delay or lack of delivery, and we will not be able to formalise any Contract with you.
Your card will be charged at the moment you confirm your order.
If your payment method is PayPal or bank transfer, confirmation of your order will be issued when the amount is received by Globalmarks, SLU. If the deposit is not received within 3 business days, the order will be cancelled.
For bank transfer payments you must indicate your name and order number in the transfer description. You must send the receipt by email to firstname.lastname@example.org of by fax to +34 965 68 19 90. Transfers are usually effective between 3 and 5 business days. Once the amount has been received in our account you will receive an order confirmation by email verifying that your order is being processed. The bank account is:
Owner: GLOBALMARKS SLU
Bank Identification Number: 24 0182 2499 31 0201737460
International Bank Account Number (IBAN): ES24 0182 2499 31 0201737460
Bank Identification Code (BIC):BBVAESMMXXX
13. PURCHASE AS A GUEST
This website also allows products to be purchased using the purchase as a guest feature. In this purchase mode you will only be asked for the information essential to processing your order. Once the purchasing process has concluded, you will be offered the possibility to register as a user or continue as a non-registered user.
14. ORDERS FROM OUTSIDE THE EUROPEAN UNION
If you would like to make an order from a country outside the European Union, please send an email to email@example.com specifying your shipping details and items you would like to purchase. In the following hours, you will get a reply confirming you are able to shop online, depending on customs formalities; you will be informed about shipping costs and payment procedures. Please notice, customs or duty taxes will be always paid by the customer in the country of destination.
15. VALUE ADDED TAX
Pursuant to the provisions of article 68 of Law 37/1992, 28 December, regarding Value Added Tax, the delivery of the items will be understood to be located within Spanish VAT territory if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at each moment depending on the specific item concerned.
In orders sent to the Canary Islands, Ceuta and Melilla, deliveries are exempt from VAT by application of the provisions of article 21 of Law 37/1992, notwithstanding the application of the corresponding taxes and duties pursuant to the regulation in force in each one of these territories, which are borne by the customer and will be paid on arrival to the carrier.
16. RETURN POLICY
16.1 Legal and contractual right of purchase revocation • Right of Revocation If you are agreeing to the contract a consumer and user you have the right to revoke this Contract within 14 calendar days without justification.
To exercise the right of revocation you must inform Globalmarks, SLU, at the following address: Calle Germán Bernácer 61, Elche Parque Empresarial (Elche) 03203 - Alicante, over the telephone +34 965 681 989, via email at firstname.lastname@example.org or through our contact form, your decision to cancel the Contract via an unequivocal statement (for example, a letter sent by post or email).
To comply with the revocation period it is sufficient that you send the notification that you will be exercising this right before the corresponding period expires.
• Consequences of revocation If you cancel your order you must request a refund on our website. If you are located in Spain (peninsula) or Portugal (peninsula) a messenger/courier will be sent, without undue delay and, in any case, in a maximum period of 14 calendar days from the date on which you informed us of your decision to revoke the Contract. The period will be considered to have ended if you return the goods before said period has concluded.
Once the products have been received and the quality controls have been passed, you will be refunded the amount paid for the product, excluding shipping costs, if any, without undue delay and, in all cases, in a maximum period of 14 calendar days from the date on which you informed us of your decision to revoke this Contract. We will proceed to refund the amount by using the same payment method you used to carry out the initial transaction. You will not incur any expenses as a consequence of the refund. Nevertheless, we can block the refund until the goods have been received, or until you have submitted proof of having returned them, whichever condition is fulfilled first.
Only you will be held liable for the depreciation in the value of the goods resulting from handling them in a different way than that necessary to establish the nature, characteristics and functioning of the goods.
Your right of revocation of the Contract will only be applied to the products that are returned in the same conditions in which they were received. No refunds will be given if the product has been used and not merely opened, if the products are not in the same condition in which they were delivered or if they have suffered any damage. You must therefore be careful with the product/s while they are in your possession. Please return the article using or including all the original packaging, instructions and other documents if any. In any case, you must return the receipt you will have received when the product was delivered along with the product itself.
You will find a summary on exercising this right of revocation when you receive your order. For orders placed in Spain (peninsula) and Portugal (peninsula), you may return items ONLY through a messenger/courier we will send to your home.
You must contact us via our return application so we can organise the collection at your home. You must return the goods in the same package you received them in, following the instructions you will find in the "DEVOLUCIONES" [RETURNS] section of this website. If you have carried out a purchase as a guest, you may request a return through messenger/courier by calling number +34 965 681 989 and sending an email to email@example.com or through the contact form on this website.
We will only accept returns coming from the shipping agency sent by Globalmarks, SLU. All shipments we receive from other shipping agencies will be returned to sender. Globalmarks, SLU will be exempt from paying these shipping costs.
After examining the product, we will inform you of whether you have the right to be refunded for the paid amounts. Shipping cost refunds will be provided only when the right of revocation is exercised within the legal period and all articles that in the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you inform us of your intention to revoke. Nevertheless, we can block the refund until the goods have been received, or until you have submitted proof of having returned them, whichever condition is fulfilled first. The refund will always be made using the same payment method with which you made the purchase. If you have any questions you can contact us through our contact form or by calling +34 965 681 989.
16.2 Returns in the Canary Islands, Ceuta and Melilla
If you wish to return a product that has been delivered in the Canary Islands, Ceuta or Melilla, you must contact us at telephone number +34 965 681 989, through firstname.lastname@example.org or through the contact form, taking into account that shipment will be arranged by the customer. Shipping and/or taxes charges will be at the customer's expenses. Unpaid deliveries will be refused by our warehouse.
16.3 Returns orders from outside the Spain
If you wish to return a product that has been delivered outside the Spain, you must contact us at telephone number +34 965 681 989, through email@example.com or through the contact form, taking into account that shipment will be arranged by the customer. Shipping and/or taxes charges will be at the customer's expenses. Unpaid deliveries will be refused by our warehouse.
16.4 Return of defective products
If you consider that when the product was delivered to you it did not fulfil the Contract stipulations you must contact us immediately by means of our contact form, providing the product information as describing its defect, or by calling us at number +34 965 681 989, where we will inform you of how to proceed.
You may return the product by giving it to the messenger we send to your home.
We will examine the returned product carefully and will inform you by email within a reasonable period of time whether you will be refunded or the item will be replaced (if applicable). The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days after the date in which we send you an email confirming that the rejected item will be refunded or replaced.
The amounts paid for any products returned due to a fault or defect, if there really is one, will be fully refunded, including any shipping costs. Refunds will always be carried out using the same payment method used to pay for the purchase.
Rights recognised by the legislation in force will not, in any case, be rescinded.
17. LIABILITY AND EXEMPTION FROM LIABLITY
Unless expressly stated in these Conditions, our liability for any product acquired on our website will be strictly limited to the purchase price of said product.
Notwithstanding the aforesaid, our liability is not limited or excluded in the following cases: i. In case of death or personal damage caused by our negligence; ii. In case of fraud or fraudulent misrepresentation; or iii. In any issue for which it is illegal or illicit for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the stipulations of the preceding paragraph, and to the extent legally possible, unless otherwise stipulated in these Conditions we will not accept any liability for the following losses, regardless of their origin:
i. lost income or sales:
ii. lost business;
iii. lost profit or contracts;
iv. lost expected savings;
v. lost data; and
vi. lost management time or office time
Due to the open nature of this website and the possibility that errors may occur in information the storage or transmission of digital, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website unless expressly stated otherwise.
All the descriptions regarding products, information and material that appear on this website are supplied "as is", with no express or implicit guarantees, except as legally established. In this sense, if you enter into the contract as consumer and user, we are obliged to provide you with items in compliance with the Contract and to be liable for any dissatisfaction at the moment the product is delivered. It is understood that the products comply with the Contract whenever they (i) meet the description given by us and have the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are usually put and (iii) they have the quality and performance usually expected of such products.
To the extent allowed by law, we exclude all consumer and user guarantees, except those that cannot be legally excluded.
The products we sell may often have the characteristics of the natural materials used for their manufacture. These characteristics, such as variation in the streaks, textures and colour, will not be considered defect or fault. On the contrary, their presence should be expected and appreciated. We only select products of the highest quality, but the natural characteristics are inevitable and shall be accepted as part of the individual appearance of the product.
The provisions of this clause will not affect your rights as a consumer and user or your right to revoke the Contract.
18. INTELLECTUAL PROPERTY
You recognise and accept that all copyright, registered trademark and other intellectual property rights over the materials and content provided as part of the website belong, at all times, to us or to those who granted us the licence for their use. You may use said material only as authorised to do so by us or by those who granted us the licence for their use. This will not prevent you from using this website to the extent necessary to copy the information regarding your order or Contact data.
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You shall not use this website inappropriately by intentionally introducing viruses, Trojans, worms, logic bombs or any other type of technologically harmful program or material. You will not attempt to obtain unauthorised access to this website, to the server in which said website is located or to any other server, computer or database related with our website. You commit to not attacking this website through a denial-of-service attack or distributed denial-of-service attack.
Breaching this clause may involve the commission of infractions defined in the applicable regulation. We will inform the applicable authorities of any breach of said regulation and cooperate with them to discover the identity of the attacker. Furthermore, if you breach this clause you will immediately cease to be authorised to use this website.
We will not be held liable for any damage or loss resulting from a denial-of.service attack, virus or any other technologically harmful program or material that may affect your computer, digital system, data or material as a consequence of the use of this website or download of its content, or any content it redirects you to.
20. LINKS FROM OUR WEBSITE
If our website contains links to other websites and material from third parties, these links will only be provided for informative purposes; we have no control whatsoever over the content of said websites or material. We therefore do not accept any liability whatsoever for any harm or loss derived from their use.
21. WRITTEN COMMUNICATIONS
The applicable regulation demands that part of the information or communication we send you be in writing. By using this website, you accept that most of said communications will be electronic. We will contact you by email or we will provide you with information by posting notifications on this website. For contractual purposes, you agree to the use of this electronic communication medium and recognise that any contract, notification, information or other communications we send you electronically meet the legal requirements of being in writing. This condition does not affect your legally recognised rights.
The notifications that you send us will preferably be sent though our contact form. As per the provisions of the preceding clause 20, and unless otherwise stipulated, we can send you communications via email or to the postal address provided you provided when placing your order. It will be understood that the notifications have been received and correctly provided at the moment they are posted on our website, 24 hours after they have been sent by email, or three days after the postage date of any letter. To prove that the notification has taken place it will be enough to prove, in the case of a letter, that we had the correct address, that the letter was appropriately stamped and duly delivered in the post office or to a mail box and, in the case of an email, that it was sent to the email address specified by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors and assignees. You may not transmit, cede, encumber or in any other way transfer a Contract or any of the rights or obligations derived from one, without having first obtained our written consent. We may transmit, cede, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from one at any time while the Contract is in force. To avoid any uncertainty, these transmissions, cedes, liens or other transfers do not affect the rights that, if applicable, you, as a consumer, have by law, nor will the expressed or implied granted guarantees be reduced or limited.
24. EVENTS BEYOND OUR CONTROL
We will not be liable for any breach of or delay in compliance with any of the obligations we assume under the terms of a Contract when the cause is an event beyond our reasonable control (Force Majeure Events). Force Majeure Events include any act, event, failure to exercise, omission or accident that is beyond our reasonable control including, among other things, the following:
i. Strikes, lockouts or other protest measures.
ii. Civil unrest, riots, invasion, terrorist attack or threat, war (declared or not) or the threat of war or arrangements for war.
iii. Fire, explosion, storm, flood, earthquake, sinking, outbreak or any other natural disaster. iv. Impossibility of using trains, boats, air planes, motor transport or other ways of transport, whether private or public.
v. Impossibility of using public or private telecommunications systems.
vi. Acts, decrees, legislation, regulation or restrictions of any government or public authority. vii. Strikes, failures or accidents in maritime, river or postal transport, or any other type of transport.
It will be understood that our contractual obligations will be suspended during the period in which Force Majeure Events are under way, and there will be an extension of the period for complying with said obligations for a period of time that is equal to that in which the Force Majeure Event lasts. We will take all reasonable measures so that the Force Majeure Event finalises. or to find a solution that allows us to comply with our obligations by virtue of the Contract in spite of the Force Majeure Event.
The lack of a formal request from us for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or these Conditions, or the failure on our part to exercise the rights and legal actions we are entitled to by virtue of said Contract or the Conditions, will not imply refusal or the restriction whatsoever of said rights or legal actions, nor will it excuse you from complying with said obligations. No renunciation on our part of a specific right or legal action will imply that other rights or legal actions derived from the Contract or the Conditions are waived. No renunciation on our part of any of these Conditions, or of the rights or legal actions arising from the Contract, will take effect unless it is expressly established that it is a renunciation and formalised and communicated to you in writing in accordance with the provisions outlined in preceding Notifications section.
26. PARTIAL NULLITY
If any of these Conditions or any Contract provisions were declared null and void by a final ruling handed down by an appropriate authority, the remaining terms and conditions will remain in force, notwithstanding said declaration of nullity.
27. COMPLETE AGREEMENT
These Conditions, and all documents expressly referred to herein, constitute the complete agreement existing between you and us regarding the purpose of the same and they replace any other previous written or verbal pact, agreement or promise between you and us. You and we recognise having consented to enter into the Contract, without putting faith in any declaration or promise made by the other party or that could be inferred from any declaration or document involved in the negotiations between them before said Contract, except as expressly mentioned in these Conditions. Neither you nor we will take legal action on any uncertain declaration made by the other party, verbally or in writing, prior to the date of the Contract (unless such a declaration were made fraudulently), and the only legal action the other party will have available will be for breach of contract, in accordance with the provisions of these Conditions.
28. OUR RIGHT TO CHANGE THESE CONDITIONS
We have the right to revise and change these Conditions at any time. You are subject to the policies and Conditions in force at the moment you use this website or place an order, except if, by law or the decision of governmental bodies, we must make retroactive changes to said policies, Conditions or Privacy Statement, in which case the potential changes will also affect any previous orders you may have placed.
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts for the purchase of products through our website will be regulated by Spanish legislation. Any issues that may arise or that are related with the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If you are entering into a contract as a consumer, nothing in this clause will affect the rights that, as such, you are entitled to by the legislation in force.
30. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. We ask that you send us such comments and suggestions through our contact form. Moreover, we have official complaint forms available to consumers and users. You may request them by calling +34 965 681 989 or via our contact form.