General conditions

Preview:

 

The aim of TAPICERIAS GANCEDO, S.L.”, hereafter “GANCEDO”, is to offer you a portal where you can find top quality designer textile and décor products; you simply have to be a “GANCEDO” user and we will keep you informed of all the offers and promotions which we can offer you

 

Overview

 

In order to be able to purchase you must previously have registered as a Website User and you must therefore unreservedly accept the current General Conditions of contract and sale. Ignorance of or disregarding the General Conditions does not exempt the Client from compliance with the same.

Registering with GANCEDO is totally FREE OF CHARGE and is offered as Provision of Services, with no economic consideration. Registration implies, on the Client’s part, fully and unreservedly accepting the stated conditions.

 

By means of the present the Client agrees to his/her data being handled ifor the purposes of day-to-day management and legal and business relationships. Similarly, the Client is informed that he/she has the rights of access, rectification, restriction, portability, objection and deletion of data according to current legislation as regards personal data protection. In order to exercise these rights he/she may contact: TAPICERIAS GANCEDO, S.L.”, registered at Velázquez 38, MADRID, by email to lopd@gancedo.com or by means of the following website form www.shop.gancedo.com.

 

Security

 

 

In accordance with the provisions of the “Law on Services of the Information Society and Electronic Commerce” (LSSIce), all data traffic relating to electronic communication essential to identify the origin at the moment at which the service began to be provided must be retained for a maximum period of twelve months by Gancedo. In no case shall the obligation to retain the data affect the confidentiality of the communications.

The company receives the IP addresses of all the Users owing to the fact that these are sent by browsers each time they seek access to our pages. These IP addresses are kept for security in our Log archives, remaining at the disposal of the competent authorities strictly in accordance with the law, in order to identify the author or authors of specific illegal acts, should such an event arise. The information kept in these Logs is the IP address and the date and time of each request made to our Server with the purpose of, in addition to what has previously been described, analysing trends, administering the system and collecting information for statistical purposes.

 

Tapicerías Gancedo has signed up to a secure e-commerce service on the Internet which checks the validity of the card. The exchange of data between the client and the online store is encrypted through an interface with the client´s Financial Entity under the SSL (Secure Sockets Layer) protocol. Information relating to the client credit card is not retained by nor transmitted to our servers, the procedure being carried out solely on the Website of the client´s Financial Entity, thus being protected against any potential hacking.

 

Billing

 

Similarly, according to what has been established in Article 17 of the Regulation governing billing obligations, approved by means of Royal Decree 1.619/2012, of November 30, TAPICERIAS GANCEDO, S.L.”, registered at Velázquez 38, MADRID, NIF: B-28116358, authorises issuing of invoices and other documents using electronic means.

 

As outlined in the aforementioned Royal Decree, documents sent electronically enjoy the same legal validity as printed documents, provided that they retain the format in which they were electronically issued.

 

The Client expresses his/her agreement to the use of the PDF format which will be used by GANCEDO, confirming that he/she possesses the required IT capacity to that effect. In the same way, the Email address compulsorily provided on registration will be the means by which invoices will be remitted.

 

By accepting these conditions, the parties exclude the sending of the same in paper format except where a specific request is made and which must be addressed to GANCEDO.

 

Username and password

 

Accepting the current General Conditions implies that the Client accepts responsibility for the management of his/her access account and the password by means of which he/she is granted access to the GANCEDO website. The current Conditions apply along with the E-commerce Conditions.

 

The Client will be responsible for maintaining the confidentiality of the Username and password for his/her account to access www.gancedo.com Web content, also accepting full responsibility for all the activities which take place under his/her Username or Account. The Client agrees to immediately report any unauthorised use of his/her account or any other security breach. GANCEDO will not accept responsibility for any loss or damage which may ensue from the loss of the account or from its use without the consent of the account holder.

 

Any person who acts using the access codes of a GANCEDO Client, be it a colleague, employee, etc., will be regarded as the representative of the Client with full permission to act as such and to be binding.

 

Specific conditions

 

Similarly, GANCEDO reserves the right to cancel both the Client’s operations and account at any time.

 

The Client agrees to use the information supplied confidentially and strictly for his/her own purposes and to abstain from distributing or reproducing, wholly or in part, in any form, the said information.

 

GANCEDO reserves the right to alter its price lists and offers without prior notice, and orders will be accepted subject to a possible alteration in the price if typographical or any other types of errors are detected.

 

Unless specifically mentioned, the price does not include transport costs, handling or supplementary costs. The Client will be responsible for these costs.

 

The previous point notwithstanding the invoice issued by GANCEDO will be based on the price applicable at time of supply regardless of the price previously indicated.

 

Estimated product delivery dates are simply informative and not binding on GANCEDO. Unless there is a specific written agreement with GANCEDO the Client will have no right to request the cancellation of an order or any compensation including delivery charges should a delay occur in the delivery of the product owing to circumstances beyond GANCEDO’s control. The Client will not be able to refuse to pay for products already delivered when GANCEDO is only able to make partial delivery of an order.

 

Transport

 

Contracting any service or product implies consenting to one’s personal data being provided to whichever carrier GANCEDO may use at any given time.

 

The Transport company will be responsible for any loss or damage during carriage of the merchandise.

 

It is essential to indicate, on delivery of the merchandise, on the actual delivery note signed for the carrier, any issue relating to the state of the merchandise, packaging, number of items or any other information which might indicate anomalies in the delivery. It is essential to make GANCEDO aware of any such issue by email in a maximum of no more than 24 hours from receipt of the goods, in order that action may be taken if necessary.

 

Delivery and time limits

 

The products which we have at our disposal are held in very limited numbers, with some products being out of stock on occasion. For this reason, delivery times may vary and will usually range from 7 to 60 working days before the client receives the product. When the client effects the purchase he/she will be informed of the approximate delivery date although  in the event that for motives beyond GANCEDO’s control this delivery date has to be modified the Client will be duly informed.

 

Right to cancellation

 

The Client will have a period of 14 calendar days from receipt of the Product in which to advise GANCEDO of cancellation or revocation of agreement in accordance with the distance selling policy as regulated in the consolidated text of the General Law of Protection for Consumers and Users. After that period has elapsed, the goods will be regarded as in order and accepted by the Client with no claims possible. If this right is exercised, GANCEDO must be advised preferably by email to atencionalclienteancedo.com. The following data must be included in the submission:

 

1) Purchase invoice number

2) Full name of client

3) Product reference number

4) Number of units requested for return

5) A photograph of the product to be returned

 

On receipt of this information, GANCEDO reserves the right to authorise or not the requested return depending on the condition of the product and where applicable, its guarantee. Return of the Product will only be accepted under the following circumstances:

 

         That the Client returns the Product in the same condition in which it was delivered to

         him/her in its original packaging and without being signed for by the Client.

 

On account of the characteristics of some products such as for example wallpaper, fabrics, trimmings and paint, if the packaging has been opened, the product cannot be returned, unless the Client can prove the poor condition of the product at its origin; similarly, if lengths of fabric have been cut to size they cannot be returned, it having been understood that it is a customized product and that once the requested lengths have been cut they cannot be easily reused, unless they are more than 5 metres long, in which case return will be considered.

Once open or removed from their packaging, these products can no longer by put on sale as, for example, paint may have been spoilt and can no longer be kept; in addition wallpaper can be used in shorter lengths although since this cannot be checked its return unless it meets the same characteristics mentioned in this document will be rejected; as for trimmings and fabrics, once cut to the customer’s measurements these cannot be used should they be returned now being remnants and offcuts no longer suitable for sale.

 

 

If on receipt of a product it can be shown that it does not meet the requirements for returns it will be returned to the client at his/her own expense. The Client, on acceptance of the Product, will have a period of 7 days to send any claim relating to the invoices to GANCEDO, by email or registered post.

 

In any case, the user will be responsible for any transport or product return costs that may arise, and where applicable will indemnify for any blemishes in the object purchased without this being considered a penalty, any reimbursement being offered promptly and regardless of the value of the product.

 

Excluded from the right to cancellation:

 

-      The original packaging must not have been used or opened.

-      The original labelling must be preserved.

-      It must be returned in its original wrapping.

-      It must not be an edible, nor gastronomic product, or any product which may be customized

 

According to Article 103 – Exceptions to the right to cancellation, the Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the right to cancellation will not be applicable to any customized products offered by GANCEDO.

 

Changes and returns in our store:

To make a return online the Client must take the following steps:

  • Access “MY ACCOUNT” and enter the section: “Order history and details”, locate the order and click on “details”.
  • Fill in the order and quantity lines for the product to be returned and click on the “REQUEST RETURN” button.
  • From that point you will be able to consult the returns status in “MY ACCOUNT”, “My returns” section. The returns status will initially be shown as “Pending return” and then “Return accepted” or possibly “Return rejected”.
  • A carrier will be sent to the address you indicate to us to collect the articles (at that point, Gancedo accepts the delivery charges – in reality the carrier accepts them).

Product exchanges:

 

 

Product exchange is only permitted if there is an error in the labelling or a flaw in the original product. To do this, an email must be sent to atencionalclienteancedo.com, stating the order and name, along with the product you are interested in changing it for. You will receive confirmation of availability depending on the stock level of the product.

 

 

Guarantee

 

According to Article 120, of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the time period for non-conformity is two years. Additionally, General Law 26/1984, of 19 July, for the Protection of Consumers and Users will also apply.

 

Owing to its status as intermediary, the guarantee which covers the Product delivered to the Client is limited to that extended by the manufacturer, who must be consulted in each case. The guarantee applies provided that the Product which is delivered to the Client is used under normal conditions, such as those which are described in the catalogues, instructions or manuals at the disposal of the user.

 

Should a product prove faulty, the vendor must proceed, as appropriate, to the repair, substitution, price reduction or cancellation of the contract, actions which will be free of charge to the consumer and user. The vendor is responsible for any lack of product conformity which becomes apparent in a period of 2 years from delivery. The consumer and user must inform the vendor of lack of conformity in a period of two months from first becoming aware of it.

 

If before the 14 calendar days of the cancellation period from delivery of the product the user should detect any flaw he/she can contact GANCEDO by email at atencionalclienteancedo.com.

 

Responsibilities

 

GANCEDO is not obliged to indemnify the user or third parties for any consequences arising from use of the product, be they direct or indirect damage, accidents suffered by individuals, damage to goods other than the product, loss or cessation of profits, damages deriving from and arising from wear and tear, or loss of data recorded by the user. The Client is liable for return carriage for faulty products within the guarantee period since the manufacturer does not include the cost of carriage of the materials in the guarantee.

 

If the Client can prove the existence of lack of fulfilment or faulty fulfilment of the Contract  on the part of GANCEDO it is expressly agreed that their responsibility will be limited to the reimbursement of the amount paid by the Client and accepting the return of the product relating to the lack of said fulfilment, the parties to decide whether there is an option whereby GANCEDO can send the contracted product in a second delivery and in the case that this should this prove impossible the contract will be understood to have been cancelled.

 

The period agreed for payment will be understood to have automatically expired for Products which have already been delivered and GANCEDO will not be obliged to hand over Products due for delivery, when any of the following circumstances apply:

 

a) A Client requests to postpone part of the payment

b) If the Client is shown to be insolvent

c) If any overdue bill has yet to be paid by the Client

 

Should any of these situations arise GANCEDO may immediately demand the payment due and terminate the ongoing operations simply by notifying the Client in writing with the Client having no right to any compensation.

 

Until the Client has paid the total price and all sums owing as a result of the sale the Product will be considered the property of GANCEDO with all inherent rights. The Client will be considered the Product warehouser and must store it separately and clearly identified.

 

If prior to total payment of the Products the client’s goods arethe object of any embargo or restriction it must be expressly stated in the embargo proceedings that these are the property of GANCEDO. If despite this they are embargoed GANCEDO will claim the pertinent third party ownership the costs of which will be borne by the Client.

 

Methods of payment

 

 

Credit card: when the card data is entered on the website it is automatically encrypted and the secure payment gateway connects directly to the bank to process the payment securely.

 

JURISDICTION

Legislation and Jurisdiction

The law applicable to these general terms of sale, as well as to any other dispute relating to the current contract, will be Spanish law. Any dispute arising from the current contract shall be dealt with exclusively by Spanish Courts and Tribunals.

In the event that the purchasing party is domiciled outside Spain, or if it is a purchase placed by a company, both parties are subject to, expressly renouncing any other jurisdiction, the Courts and Tribunals of the City of Madrid (Spain).

These terms include the content of the Law of E-Commerce, Law of Retail Business and Royal Decree on telephonic and electronic contracting among other related regulations.

 

“TAPICERIAS GANCEDO S.L.”

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