Terms and conditions

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website gore.es, owned by GORESTIL, S.L. under the trademark of GORESTIL, SL, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, being able to be modified at any time by GORESTIL, SL. It is the responsibility of the USER to read them periodically, since those that are in effect at the time of placing orders will be applicable. GORESTIL, S.L. will file the electronic document where the purchase is formalized and will have it available to the USER in case it is requested.

The contracts will not be subject to any formality, with the exception of cases expressly indicated in Civil and other special laws.

The acceptance of this document implies that the USER:

• Has read, understands and comprehends what is stated here.
• Is a person with sufficient capacity to enter into a contract.
• Assumes all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is GORESTIL, SL, with registered office at C/ Azorín, 14, - 03181 Torrevieja (Alacant), NIF B53249934 and with customer service telephone number 965710197. And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sales originating between the PROVIDER and the USER at the moment in which the latter accepts by ticking the corresponding box during the online contracting process.

The contractual relationship of the sale entails the delivery, in exchange for a specific price, publicly exposed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify through the email atencioncliente@gore.es so that GORESTIL, S.L. may correct them as soon as possible.

The USER may keep track of their updated data by accessing their user account.

Contracting procedure

The USER, to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relative to the protection of natural persons with regard to the processing of personal data and the free circulation of this data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

Once the user account has been created, it is reported that in accordance with the requirements of article 27 of the Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.

2. Shipping and delivery of orders.

3. Right of withdrawal.

4. Claims and dispute resolution online.

5. Force majeure.

6. Responsibility.

7. General information about the offer.

8. Price and validity period of the offer.

9. Transportation expenses.

10. Form of payment, expenses and discounts.

11. Purchase process.

12. Disassociation and suspension or termination of the contract.

13. Guarantees and returns.

14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that payment has been made.

Merchandise shipments will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, DHL, etc.), according to the destination freely designated by the USER.

The shipment will be made once the availability of the merchandise has been confirmed and the payment of the order has been verified.

The dispatch period will be between 2 and 6 working days approximately, depending on the destination and the chosen payment method. The expected date of shipment and delivery will be provided prior to the confirmation of the order.

Lack of execution of the distance contract.

In the event of not being able to execute the contract because the contracted product is not available within the foreseen period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby deriving any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the product is delivered or service is not carried out, due to the fact that the data provided by the USER being false, inaccurate or incomplete.

The delivery will be considered as made once the carrier has made the products available to the USER and the latter, or the delegate of the latter, has signed the delivery receipt document.

It is up to the USER to verify the products upon receipt and verify all requirements and demands that may be justified in the delivery receipt document.

The PROVIDER will respond to the USER when any lack of conformity exists at the time of delivery of the order, provided that the USER has disclosed this according to the provisions of the previous paragraph.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://gore.es/files/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal.

If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 103 of RDL 1/2007, of November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws).

The right of withdrawal will not be applicable (art. 103 RDL 1/2007, of November 16) to contracts that refer to:

a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment by you that you are aware that, once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.

c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

f) The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed upon at the time of signing the sales contract and which cannot be delivered within 30 days, and whose real value depends on fluctuations in the market that the entrepreneur cannot control.

h) Contracts in which the consumer and user have specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; if, on that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily press, periodicals or magazines, with the exception of contracts subscription for the supply of such publications.

k) Contracts entered into through public auctions.

l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to recreation, if the contracts provide for a date or a period of execution.

m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.

All returns must be communicated to the PROVIDER, and made within 14 days, counting from the date of receipt, requesting a return number using the form provided for this, or by email to atencioncliente@gore.es, indicating the corresponding invoice or order number.

Once the USER has received the return number, the product will be sent to the PROVIDER, indicating this number in the delivery letter, with the transport costs at the USER’s expense, to the address of GORESTIL, SL, C/ Azorín, 14, - 03181 Torrevieja (Alacant) The provider is obliged to return the product exactly in the same conditions in which it was delivered and always keeping the original delivery packaging.

For this reason, the corresponding amount will not be refunded until said situation has been verified.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

• Postal: GORESTIL, S.L., C/ Azorín, 14, - 03181 Torrevieja (Alacant)
• Telephone: 965710197
• E-mail: atencioncliente@gore.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur any liability for any failure due to force majeure. The fulfilment of the obligation will be delayed until the cessation of the case of force majeure.

6. RESPONSIBILITY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will be neither affected nor modified in any way.

The USER declares to have read, known of and accepted these Conditions in their entirety.

7. GENERAL POINTS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of GORESTIL, S.L. or as stipulated herein, will take effect, unless expressly agreed in writing and signed by the PROVIDER, in this case, these particular agreements will prevail.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic value of some of the products may vary in real time.

Before making the purchase, you can check all the details of the offer online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order has not been placed.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel through the user account. If you wish to receive said invoice by email, you must request it by any of the means that the PROVIDER makes available, informing you that at any time you can revoke said decision.

For any further information about the order, the USER may contact the PROVIDER’s customer service by phone at 965710197 or via email to the address atencioncliente@gore.es.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, or installation or download costs, or additional services, unless expressly agreed in writing to the contrary.

The shipping costs will be calculated at the time of saving the shopping basket or offer, since they are calculated by the weight of the products and according to the delivery address.

10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to pay for an order:

• Credit card.
• PayGold
• Bank transfer.

The USER may use a discount coupon at the time prior to the completion of the purchase in case of having received it from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to classified information. To achieve these ends, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER agrees not to allow any transaction considered illegal by the credit card brands or the acquiring bank and that can or may have the potential to damage their goodwill or negatively influence them.

Está prohibida, en virtud de los programas de las marcas de tarjetas, la venta u oferta de un producto o servicio que no cumpla con todas las leyes aplicables al Comprador, Banco Emisor, Comerciante o Titular de la tarjeta o tarjetas.

11. PURCHASE PROCESS

Any product from our catalogue can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalization:

1. Verification of billing data.

2. Checking the shipping address.

3. Selection of the form of payment.

4. Place the order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided on the status of the order and the date of shipment and/or approximate delivery.

12. DISSOCIATION AND SUSPENSION OR RESCISSION OF THE CONTRACT

If any of these terms and conditions are considered illegal, void or for any reason unenforceable, this condition will be considered severable and will not affect the validity and applicability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or applicable policies.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.

13. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Included in the scope of application of this title are contracts for the sale of products and contracts for the supply of products to be produced or manufactured.

2. The provisions of this title shall not apply to products acquired through judicial sale, to water or gas, when they are not packaged for sale in a limited volume or determined quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction that consumers and users can attend in person.

Article 116. Conformity of the products with the contract.

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided and that they meet all the requirements that are expressed below, except when due to the circumstances of the case that some or any of these said requirements are not applicable:

a) Conformity to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

b) Suitability for the uses to which products of the same type are ordinarily destined.

c) Suitability for any special use required by the consumer and user when it has been brought to the attention of the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for said use.

d) Present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public declarations about the specific characteristics of the products made by the seller, the producer or their representative, specifically in advertising or labelling. The seller will not be bound by such public declarations if he proves that he was unaware and could not reasonably be expected to have known the declaration in question, that said declaration had been corrected at the time of conclusion of the contract or that said declaration could not influence the decision to buy the product.

2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.

3. There will be no liability for lack of conformity that the consumer and user were aware of or could not reasonably have been unaware of at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

The exercise of the actions that this title contemplates will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.

In any case, the consumer and user will have the right, in accordance with the legislation civil and commercial, to be compensated for the damages derived from the lack of conformity.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish law in matters not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.