General terms and conditions of sale

The offer and sale of products on the web site www.gafarelo.com are governed by these General Conditions of Sale.

For any other legal information, see the sections: General Conditions of Use, Privacy Policy and Right of Withdrawal.

The Customer is obligated to read these general conditions of sale carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, the above-mentioned general conditions of sale and the terms on the Order Form.

Once the online purchase is concluded, the Customer is required to print and keep these general conditions of sale and the relative order for, which he has already reviewed and accepted.

1. Object

1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.gafarelo.com.

2. Subjects

2.1 The products are sold directly by Montserrat Gafarelo, with registered office in Spain at Can Bruixa, 24- 08014 Barcelona, VAT no. 43421422K (hereinafter Gafarelo or the Seller).

For any information, you can contact the eCommerce Department of Gafarelo:

• by e-mail at the following address: Info@gafarelo.com
• by mail at the following address:
• Montserrat Gafarelo
  Can Bruixa, 24
  08014 – Barcelona (España)

2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on www.gafarelo.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.gafarelo.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.

2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.

2.4 The offers of products on the site www.gafarelo.com are intended for adult customers.
If you are below age 18, you must have the permission of one of your parents, or a legal guardian, before you can purchase on the site www.gafarelo.com.
Remember: this is always the case, not only for our site but for all the sites that you visit on the Internet: always ask for your parents’ help if you see, or are asked for, information you do not understand when surfing the Internet.
By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal ability to enter into a binding contract.

2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.

2.6 Moreover, by accepting these Conditions of Sale, you release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data you provided at the time of the entry of the online order, since, as the customer, you are the only one responsible for their correct entry.

3. Sales through the eCommerce service

3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and Gafarelo, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.

3.2 To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.

3.3 The Order contains:

• a reference to these General Conditions of Sale;
• information  for each Product and its price;
• the means of payment that you can use;
• the delivery methods for the Products purchased and the relative shipping and delivery costs;
• a reference to the conditions for exercising you right of withdrawal;
• the methods and times for returning the Products purchased.

3.4 Despite Gafarelo’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.

3.5 Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale, including the Notice of the right to withdrawal and the Privacy Policy.

3.6 The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order.

3.7 The language available for concluding the contract with the Vendor is Spanish and the contract is governed by Spanish law.

3.8 After the conclusion of the contract, the Vendor will be responsible for filling your order.

4. Order Fulfillment

4.1 By sending the Order over the Internet, you unconditionally accept, and undertake to be observe, these General Conditions of Sale in your relations with the Vendor.

4.2 After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.

4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.

4.4 The Vendor may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that the Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released.

4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify you of the unavailability of the Products ordered in a timely manner and, in any case, within thirty (30) working days after the date on which you sent your Order to the Vendor. In this case, the sum authorized on the Customer’s means of payment will be released.

4.6 Each sale made by the Vendor through the online sales service can regard one or more Products, without limit of quantity for each item.

4.7 Gafarelo reserves the right to refuse orders from a customer that it is suing relative to a previous order. This applies equally to all cases in which Gafarelo considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the customer was involved in any kind of fraudulent activity.

5. Sale Prices

5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in euros. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.

5.2 All Products are shipped directly from Barcelona. Where not specified otherwise, Product prices and shipping and delivery expenses shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees.

5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.

6. Method of payment

To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site www.Gafarelo.com and which are summarized below.

6.1 Credit cards and prepaid cards

• 6.1.1 For orders on our site, we accept payments by credit cards and prepaid cards without adding any fees to the Product and shipping costs. You must be the holder of a credit card that is valid at the time of the order for the Products purchased online and the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the order.
• 6.1.2 At the time of the online purchase, simultaneously with the Order Confirmation, the bank of reference will deduct the amount of the order from the available credit on your credit card. The amount will only be debited to your credit card at the time the Products purchased are shipped.
• 6.1.3 If, after paying for the products purchased online and receiving the package with your order, you wish to exercise your Right of Withdrawal, for any reason, the Vendor will instruct the bank to credit the amount to be reimbursed directly to your credit card.

6.2 Paypal.

• 6.2.1 If you have a Paypal account, Gafarelo provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com.

6.3 At no time during the purchase procedure will Gafarelo have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.

6.4 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.

7. Shipping and delivery of the products

7.1 Each shipment contains:

• the products(s) ordered;
• the relative accompanying shipping document/invoice;
• any accompanying documentation required by the country to which it is being shipped;
• any informational and marketing materials.

7.2 The Products purchased on the web site from the Vendor can be delivered in various ways.

7.3 Delivery to the Customer’s home

• 7.3.1 The products purchased will be delivered by the courier identified by the Vendor to the shipping address indicated by the Customer on the order with insured shipping. See the Shipments section for additional information about costs, times, shipping methods and countries served.
• 7.3.2 When the merchandise is received at your home, please check the integrity of the packages at the time of the delivery by the courier. In the case of problems, point them out to the courier, make sure they are noted exactly and reject the delivery. Otherwise, you may lose your rights in this regard.

7.4 Delivery to a sales point with which the Vendor has an agreement for pick-up by the customer

• 7.4.1 Only in the case where this option is specifically provided, the Products purchased can be delivered to a sales point with which the Vendor has an agreement and which you can select at the time of the Order. See the Shipments section for additional information about costs, times, shipping methods and countries served.
• 7.4.2 When the products purchased are delivered to the sales point, you will be notified by SMS and/or e-mail and, from that moment, you will have 10 working days to pick-up the Products on your Order, according to the methods described in the Order Confirmation.
• 7.4.3 Failure to pick-up during this period will result in the cancellation of the order by the Vendor and the refund of the entire sum previously paid. The refund will be made to your credit card or Paypal account depending on the payment system selected during the online purchase.

8. Right of withdrawal

8.1 Only if the Customer that enters into the contract is a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), he will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, with the term of ten (10) working days beginning from the day the products purchased on the web were received.

8.2 To exercise the right of withdrawal must send an email to the address Info@gafarelo.com indicating the order number, your personal data collection direction you want to return the goods and the description and quantity of products you want to return.
We will reply telling you the necessary instructions for return.

8.3 The right of withdrawal is subject to the following conditions:

• the Products must be returned in their entirety and not just parts or components of them, even in the case of kits;
• the Products returned must not have been used, worn, washed or damaged;
• the Products returned must be sent back in their original packaging;
• the Products returned must be sent back to the Vendor in a single shipment. The Vendor reserves the right not to accept Products from the same Order returned and shipped at different times;
• the Products being returned must be delivered to the courier within ten (10) working days from the date on which you received the products;
• in the case where the Vendor offers the option of purchasing a certain package of Products at a lower price than would normally be charged if they were purchased individually (such as 5 for the price of 4, 3 for the price of 2, etc.), the right of withdrawal can also be exercised with the return of just some of the products purchased: in this case, the price will be recalculated at the normal price charged for the purchase of the single product.  In all other cases (such as combined sales, bonus operations, etc.) the right of withdrawal can only be exercised with the return of all the Products purchased, for this reason excluding any partial exclusion.

8.4 If you exercise the right of withdrawal according to the preceding conditions (paragraph 8.3), the Vendor is required to refund the sums paid by the Customer within no more than 30 days from the material receipt of the returned products by the Vendor. Normally, the crediting of the amount originally withdrawn by Gafarelo occurs very quickly but the time required for the credit to appear in your current account will depend on your bank.

8.5 In the case of a return, the only charges remaining will be the initial shipping charges for the products purchased.

8.6 Gafarelo will only refund the initial shipping charges in the case of damage in transport or shipping errors by Vendor. In these cases only, the Vendor will also refund the amount that you paid for shipping expenses. The Vendor will send an express courier to pick-up the product from the address you indicated.

8.7 For the return, you must only use the courier indicated by the Vendor on the Online Return Form: in this way, you will not have to pay the expenses you are responsible for to return the products purchased because the Vendor will pay them on your behalf. Then, except for the provisions of preceding point 8.6 and for returns due to product defects, the Vendor will deduct a lump-sum amount from the refund due you equal to the cost you were previously charged for shipping to your home, or the shipping expenses normally charged for the country of delivery. In addition, from the moment the products purchased are given to the shipper indicated by the Vendor in the online return form, the Vendor will release you from any liability if the products are lost or damaged during transport.

9. Warranty of nonconforming products

9.1 The Vendor is responsible for any defects in products offered on the site, including the nonconformity of the items to the products ordered, in conformity with Italian law.

9.2 If the Customer has signed the contract in the capacity of a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), this warranty is valid on the condition that both of the conditions indicated below are respected:

• a) the defect appears within 24 months from the delivery date of the products;
• b) the Customer submits a formal claim relative to the defects within a maximum of 2 months from the date on which it was recognized;
• c) the Customer has correctly filled out the Online Return Form.

9.3  In particular, in the case of a lack of conformity, the Customer that signed the contract in the capacity of Consumer will have the right to have the product repaired or replaced, i.e., to receive an appropriate price reduction or the cancellation of the contract for the disputed goods and the consequent refund of the price.

9.4 All the costs of replacing defective products will be paid by the Vendor.

10. Contacts

The Gafarelo eCommerce team is available to answer any questions and can be contacted at the following e-mail address, info@Gafarelo.com, or at the following postal address:

eCommerce Office

Montserrat Gafarelo

Can Bruixa, 24
08024 Barcelona
España

11. Communications to the customer

The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.

12. Privacy

You can obtain information on how we process your personal information by accessing our Privacy Policy.

14. Governing law, dispute settlement and competent jurisdiction

14.1 These General Conditions of Sale are governed by Spanish law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Spanish law and any disputes relating to and/or consequential to them shall be resolved exclusively by Spanish courts. In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the Court of Barcelona. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Barcelona.

15. Modification and updating

The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.Gafarelo.com and in relation to purchase orders submitted after that date.