GENERAL CONTRACTING CONDITIONS

 

 1.- INTRODUCTION

2.- ABOUT US

3.- USING OUR WEBSITE

4.- AVAILABILITY OF SERVICE AND PRODUCTS

5.- ORDERS

6.- PURCHASING PROCEDURE

7.- DELIVERY

8.- TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

9.- PRICE AND PAYMENT

10.- RETURN AND EXCHANGE AND POLICY

11.- ACCOUNTABILITY

12.- COMPLAINTS MANAGEMENT

14.- NOTICES

15.- TRANSFER RIGHTS AND OBLIGATIONS

16.- EVENTS OUTSIDE OUR CONTROL

17.- WAIVER

18.- PARCIAL INVALIDITY

19.- INTEGRITY OF CONDITIONS

20.- OUR RIGHT TO VARY THESE TERMS

21.- LAW AND JURISDICTION

22.-ONLINE DISPUTE RESOLUTION

1.- INTRODUCTION

This document, together with the documents mentioned therein, sets out the terms and conditions (hereinafter referred to as “General Conditions of Contract”) governing the purchase of the products (hereinafter referred to as “Products”), which appear on our website www.leborgabala.com (hereinafter referred to as the “Website”).

The information or personal data you provide about you will be processed in accordance with the Privacy and Cookies Policy. And it states that all the information and data you provide to us are truthful and correspond to reality.

Please read these General Terms and Conditions carefully before placing any Orders (as defined below). By placing an Order through the Web, you consent to be bound by the General Conditions of Contract, so, in case of not being in full agreement with them, you should not use this Web.

These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. The General Terms and Conditions of Employment will be permanently available on the Web. Therefore, you can access whenever you want.

By purchasing any product from this website, you enter into a contract with us on these terms.

2.- ABOUT US

2.1.-LEBOR GABALA S.L. (hereinafter, the “Provider”), which operates this Website under the name www.leborgabala.com , is a Spanish company with registered address at c/DIPUTACIÓN 37 INTERIOR LOCAL 5A 08015 BARCELONA, registered in the Mercantile Register of BARCELONA volume 28720, Folio 60, Sheet B139750, first inscription, and with CIF B-61016549.

2.2.- In these General Terms and Conditions, the following terms shall have the following meaning:

  1. a) “Acknowledgement of Receipt“: refers to our acknowledgement of receipt sent by e-mail of the registration made on the Website.
    b) “Clauses”: are the clauses contained in these General Conditions of Contract.
    c) “Customer”: means the person placing the order.
    d) “Order Confirmation”: refers to our email in which we confirm the purchase made.
    e) “Registration“: refers to the registration that the user must make on the Website in order to place any Order.
    f) “Order”: refers to the order placed on the Website in order to purchase our Products.

 

Likewise, for the correct interpretation of these General Conditions of Contract, we indicate that the titles of the Clauses serve only as a reference and will not affect the interpretation of these General Conditions of Contract.

 

3.- USING OUR WEBSITE

3.1.-By using this website and/or by placing any order through it, you undertake:

  1. To use the website exclusively to make legitimate enquiries or orders.

 

  1. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

 

  1. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). We will not be able to submit your order if you do not provide us with all the necessary information that we request.

 

3.2.- By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts. If you do not give us all of the information that we need, we may not be able to complete your order.

3.3.- By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. These Terms and the Data Protection Policies may be amended. It is your responsibility to revise them before making a purchase.

3.4.- We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to those users who do not comply with these General Conditions of Contract.

3.5.- You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this Website via a denial of service attack or a distributed denial of service attack.

By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority, and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.

Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website/App or from the downloading of the contents thereof or of such contents to which this website redirects.

4.- AVAILABILITY OF SERVICE AND PRODUCTS

4.1.- The use of the Website for the management of Orders is limited only to natural or legal persons, who in accordance with the applicable legislation, have or acquire the status of consumer or users.

4.2.- Items offered over this website are only available for delivery to the Spanish territory, Canary Islands, Balearic Islands, Ceuta and Melilla, Andorra, all European Union countries, United Kingdom, Northern Ireland, the Isle of Man, Switzerland and Monaco (from now on the “Territory”).

4.3.- In order to access the Website and be able to place any Order you must register through the User Registration section, filling in the fields requested in the registration form provided for the creation of a new user, being expressly forbidding their use to minors. To complete the registration the user must expressly accept these General Conditions of Contract, as well as our Privacy Policy. Users who complete the registration will receive an email at the address indicated on the form, confirming the registration made and communicating their user ID and the assigned personalized access password, that will identify you as a registered user on the Web. Each registered user is responsible for preserving the confidentiality of their password and making diligent use of it. If there is any suspicion of unauthorized use of the password, the registered user must inform the Provider as soon as possible.

Within the “My Account” section, the user will be able to consult and update their registration data.

4.4.- All Product Orders are subject to availability. If the Product is not available, whatever the reason, we will contact you as soon as possible to inform you of such circumstance and cancel the Order or, where appropriate, in order to offer you, without price increase, a Product of similar characteristics and of equal or superior quality.

4.5.- In case of cancellation of the Order or exhaustion of the Products, we will refund you as soon as possible the amount paid using the same form of payment with which we receive it.

4.6.- We reserve the right to remove any Products from this website at any time, as well as to modify and update our Products catalog.

 

5.- ORDERS

5.1.- To place an Order you must follow the purchase procedure described in Clause 6. and click on the button “Go to Payment”.

5.2.- After that, within 24 hours of receipt of the Order, you will receive an email confirming the purchase made (the “Order Confirmation”).

5.3.- Orders formalized as described above will be stored on our website and the Customer will be able to access them through the section “My account”.

5.4.- Orders can only be made either in Spanish or English.

 

6.- PURCHASING PROCEDURE

To buy any of our Products on this Website you must follow the following steps:

  1. a) Access as a registered user

In order to place an Order, you must access the Website as a registered user, with your user ID and the password assigned.

  1. b) Choice of Products
    Access the SHOP section and click on the image of your choice to view them and know their main features. Add the Products of your choice to the Shopping Cart and repeat the process as many times as you want. Once you have finished your selection, you can click on the CART button to continue the purchase process.
  2. c) Details of the shipment
    In this space you must complete the available fields to detail the desired place of shipment, being able to choose between shipment to your home within the Territory or, if it is a gift, shipment to the home within the Territory of the person to whom the gift is given.
  3. d) Payment method
    Payment method for online purchase is credit card and you should agree to fill in the necessary fields corresponding to it. Likewise, you have the option to request an invoice, in which case you will access the fields necessary to complete the tax data, indicating the email address where you would like to receive the invoice.
  4. e) Completing your Order
    At this point in the process the next step will be to complete the order and make the payment. To do so, you must:
    Click on «Your Cart» button at the top of the page.
    Check all details of your purchase: products, quantities, place of delivery, total amount, etc. Please check that all data is correct and, in case of detecting any errors, update the corresponding information.
    Enter the necessary details to make the payment (your card details).

Click on the button «Pay Now» to complete the purchase process.
Once the Order has been completed, the Customer will receive an email with the details of the Order («Order Confirmation»).
In the event that you find that an Order contains an error, please inform us immediately in writing to info@leborgabala.com.

 

7.- PRICE AND PAYMENT

 

7.1.-The price of each Product will be always indicated on our website, as will the shipping costs.

7.2.-The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due. Depending on country of destination, shipping costs will be as follows:

Deliveries in Catalonia: 10€

Deliveries in the Iberian Peninsula: 12€

Deliveries in the Balearic Islands: 20€

Deliveries in the Canary Islands, Portugal, Ceuta and Melilla: 32€

Deliveries in Germany, Belgium, France, Holland, Italy, Luxembourg, U.K, Austria, Denmark, Finland, Greece, Ireland, Sweden: 37€

Deliveries in Andorra, Island of Jersey, Norway, Switzerland: 53€Deliveries in Iceland, Turkey: 73€

Deliveries will be FREE OF CHARGE when total amount of purchase exceeds 300€.

 

 

In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of goods shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The rate of VAT applicable shall be that which is legally in force at any time depending on the particular article in question. On orders to the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

With regard to the sale of products within the European Union, the VAT tax is that of the country of origin and according to the VAT rate in force, in this case it is the tax rate of 21%, unless the sales to the same country exceed the amounts marked by the European regulations, in which case the VAT rate of the country of destination shall apply.

Exports to third countries outside the Community shall be deemed to be VAT-exempt sales, without prejudice to the application of the corresponding taxes and duties in accordance with the rules in force in each of those territories.

7.3.- The only payment form accepted for your purchase online is credit card.

To proceed with payment by the credit card system we use the secure payment gateway of Banco Sabadell. Once you have placed the order and confirmed the payment method by credit card, you shall be forwarded to that gateway and shall provide the information requested by the bank, such as its card number, expiry date and security code. It is important for the Customer to know that at no time do we have access to such data, as all data provided by you is transferred directly encrypted to the bank. The Bank uses the SSL (Secure Socket Layer) protocol to ensure a secure and encrypted connection. This means of payment can only be used by the cardholder or the person entitled to use the card.

 

8.- DELIVERY

8.1.- We will deliver the Products to the shipping address listed on your Order and located in the Territory. In order to optimize the delivery process, the address indicated by the Customer must be an address at which delivery can be made within the usual working hours. We will not be liable for any errors or damages resulting from the delivery, when the delivery address entered by the Customer does not conform with the desired delivery location.

 

8.2.- We will endeavor to deliver the Order within 7 days from the date of the Order Confirmation and, at the latest, within 30 calendar days from the date of the Order Confirmation. If for any reason we cannot meet the maximum delivery time, we will inform you of this circumstance and give you the option to proceed with the purchase, setting a new delivery date, or cancel the order, with full refund of the paid amounts.

 

8.3.- For the purposes of these General Conditions of Contract, it shall be understood that the Delivery has occurred or that the Order has been delivered at the time of signing the receipt of the same at the agreed delivery address or, in the event of the consignee’s unavailability at the agreed place of delivery, on the date of attempted delivery recorded by the delivery courier.

 

8.4.- At the time of delivery of the Order, the recipient must sign the delivery note and request a copy of it from the carrier.

8.5.- In the case of delivery of an Order that presents visible defects in the outer packaging, the delivery note should not be signed as conforming, but rather make a complaint in the act to the carrier by including a written reservation on the delivery note and let us know for its management.

8.6.- We ship in our standard packaging.

8.7.- Be sure not to damage the contents of the package when opening, especially if using sharp instruments.

8.8.- Next to the Order we will deliver a delivery note stating the contents of package.

The invoice will be sent to the customer in electronic form few days later. The customer will receive it in the email account that has provided us.

 

9.- TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

9.1.- The risks of the Products will be borne by the Customer from the moment of their delivery or, if this is not possible due to causes attributable to the Customer, from the moment of the provision of the same in the agreed place of delivery.

9.2.- You will acquire ownership of the Products when we receive full payment of all amounts due in connection with the Products, including shipping costs.

10.- RETURN AND EXCHANGE POLICY

Right of withdrawal

In accordance with the regulations in force, if you are contracting as a consumer, you may withdraw from the Contract, without needing to indicate the reason, within 14 calendar days from the date of receipt of the Product.

 

The steps to follow are as follows:

(1) Notification of withdrawal

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Agreement through an unequivocal statement (for example, a letter sent by post or e-mail). To do this, you can use the model withdrawal form that you can download from our website here or make another type of unequivocal declaration in which you indicate your decision to withdraw from the contract, identifying the Order to which you refer. If you inform us of your withdrawal decision through our Web form, we will immediately confirm receipt of your withdrawal by e-mail.

To inform us of your withdrawal decision, we provide you with the following contact coordinates:

LEBOR GABALA S.L.

C/ DIPUTACIÓN 37 INTERIOR – LOCAL 5A – 08015 BARCELONA – SPAIN

info@leborgabala.com

 

In any case, in your notice of withdrawal you must identify the Order in respect of which you exercise the right of withdrawal.
In order to comply with the withdrawal period, it is sufficient for the communication concerning the exercise by you of this right to be sent before the expiry of the corresponding period.

(2) Return of the product

After notifying us of your decision to withdraw, you must return the Product to which such withdrawal relates to us at the above-mentioned postal address, without undue delay and in any event not later than 14 calendar days from the date of receipt of the Product. The deadline will be considered fulfilled if you return the Products before the expiration of this deadline.

In any case, the Products must be returned in perfect condition: the garments have to be in perfect condition (not used, not washed, with their labels). Your right to withdraw from the contract applies exclusively to those products that are returned under the same conditions as you received them. No refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same condition in which they were delivered or that have suffered any damage. In order to guarantee the return of the Products in perfect condition, a packaging or packaging must be used, appropriate to the characteristics of the Products and to the form of shipment.

Consequences of the withdrawal:

In the event of your withdrawal, we will refund the amount payed by you for the returned product, thus excluding the delivery costs, without undue delay and in any case not later than 14 calendar days from the date of receipt of the Product. We will proceed to make such a refund using the same means of payment used by you for the initial transaction; in any case, you will not incur any expense as a result of the refund.

In products purchased in the SALES period or belonging to the OUTLET section, shipping costs will not be reimbursed in case of product return.

 

In case of withdrawal, the costs of the returning the product (and transport costs) will be borne by the buyer and it is the buyer who chooses the transport service he wants.

Notwithstanding the foregoing, we may retain the refund until we have received the Product and confirm that the product returned is in perfect condition, has not been used and carries original tags and labels, as stated in 10.2.

Return of defective products.

In cases where you consider that, at the time of delivery, the Product does not comply with the terms of the Contract, because of any fault or defect, you must contact us as soon as possible by means of our contact form, indicating the identifying data of the Product, as well as the Order to which it refers, and specifying the defect or fault it presents.

Once we have received your communication, we will contact you as soon as possible to inform you of the date on which a courier will appear at the address you indicate for the removal of the Product.

After the withdrawal of the Product, we will examine it carefully and will notify you by email, within a reasonable time, if you are entitled to the right of replacement of the Product, unless one of these options is objectively impossible or disproportionate under Articles 119 and 120 of Royal Legislative Decree 1/2007 approving the Revised Text of the General Law for the Defense of Consumers and Users.

In the event of the replacement of the Product, it must be carried out within a reasonable time and shall be free of charge to you, including the expenses necessary to remedy the lack of conformity of the Product with the Contract, shipping costs and costs related to labour and materials.

In cases where the replacement cannot be offered, we will proceed to reimburse the value that the Product would have had at the time of delivery.

Statutory warranty

In case of defective product, the Customer has the right to exercise his right of return within a period of two years from delivery.

11.- ACCOUNTABILITY

Unless expressly provided otherwise in these General Terms and Conditions, our liability in relation to any Products purchased on this Website shall be strictly limited to the amounts paid for their purchase.

Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
In the event of death or personal injury caused by our negligence;
In the event of fraud or fraudulent misrepresentation; or
In any matter where it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and, to the extent legally permitted and unless otherwise stipulated in these General Conditions of Contract, we will not accept any liability for the following losses, regardless of their origin:

loss of income or sales,
loss of business;
loss of actual or expected profits;
loss of earnings or loss of contracts;
loss of expected savings;
loss of data;
loss of customers;
loss of reputation;
loss of operational time;
any indirect or consequential loss.

The provisions of this Clause shall not affect your legal rights as a consumer and user, nor your right of withdrawal.

12.- COMPLAINTS MANAGEMENT

12.1.- We will comply with the obligations set forth in these General Conditions of Contract with reasonable attention and diligence.

12.2.- The satisfaction of our Clients is of the utmost importance for us, so you can contact us at all times. We will be happy to help you. Our contact details are given in clause 10.A.1 of these General Terms and Conditions.

12.3.- In the event of a complaint, it would be helpful if you could provide us with as precise a description as possible of the reason for your complaint and, if any, a copy of your Order or Order Confirmation. On certain occasions, it may happen that your emails are automatically redirected to our spam mailbox or that you do not receive ours for the same reason.

14.- NOTICES

14.1.- Any notification concerning an Order shall be made in writing and shall be physically delivered, by registered or ordinary postal mail, with carriage paid or by e-mail to the relevant party, whose postal or e-mail address has been provided by the same party.

14.2.- By using this website, you agree that most of such communications with us are electronic. For contractual purposes, you. consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications we send you electronically comply with the legal requirements of being in writing.

15.- TRANSFER OF RIGHTS AND OBLIGATIONS

15.1.- The Contract between you and us is binding on you and us and on our respective successors and assigns.

15.2.- You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.

 

16.- EVENTS OUTSIDE OUR CONTROL

16.1.- We are not responsible for breaches, impediments or delays in the performance of a Contract attributable to any cause of force majeure, including without limitation any natural catastrophe, actions of third parties (including, but not limited to, hackers, distributors, governments and local, supranational and quasi-governmental authorities), insurrections, riots, social unrest, wars, hostilities, bellicose operations, national emergencies, terrorism, piracy, arrests, arrests by the competent authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, drought, climatic conditions, earthquakes, natural disasters, accidents, mechanical breakdown, third party software, non-existence or problems with the provision of public services (including incidences with electricity, telecommunications or internet supply), shortage or non-existence of supplies, materials, equipment or transportation (“Causes of Force Majeure”), regardless of the possible forecast of such circumstances.

16.2.- Both parties may terminate the contract immediately, by written notice, in case the Force Majeure Causes do not cease within 5 working days. In such a case, neither party shall be liable for the termination (except for the reimbursement of the amount of a Product paid but not delivered).

17.- WAIVER

Unless otherwise provided by law, no delay by the parties in the exercise of any right stipulated by these General Conditions of the Contract or any of these Terms, shall affect or represent the waiver of this or any other right. Likewise, it shall not prejudice the rights or remedies relating to such right or modify or reduce the rights established by these General Conditions of the Contract or any of these Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

 

18.- PARCIAL INVALIDITY

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

19.- INTEGRITY OF CONDITIONS

These General Conditions of Contract and any document referred to therein constitute the entire agreement between Supplier, as seller, and Customer, as buyer, and supersede any other agreement, prior agreement or promise agreed between you and us, orally or in writing.

 

20.- OUR RIGHT TO VARY THESE TERMS

20.1.-We have the right to revise and amend these Terms at any time.

20.2.- You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

 

21.- LAW AND JURISDICTION

21.1.-The use of our website and the Contracts for the purchase of items through such website will be governed by Spanish law.

21.2.- The parties submit, at their choice, for the resolution of the conflicts and waiving any other jurisdiction, to the competent courts and tribunals according to law. Any dispute arising from or related to the use of this website or to such Contracts shall be subject to the exclusive jurisdiction of the Barcelona court.

22.- ONLINE DISPUTE RESOLUTION

“In the unlikely event that our Customer Services team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then according to Art. 14.1 Regulations (EU) 524/2013: the European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/ Consumers will be able to submit their complaints via the online dispute resolution platform. “