Terms and conditions

Terms and conditions

#1

INTRODUCTION

This document (together with the documents mentioned therein) establishes the conditions governing the use of this website and the purchase of products therein (hereinafter, the “Conditions”).

The user should read carefully the conditions before using this website. By using this website or placing an order through it, the user agrees to be bound by these conditions, so if the user is not in accordance with all the conditions, he should not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as it is defined below) will be those that apply to you.

#2

GENERAL INFORMATION

The ownership of this website, www.gastoninbarcelona.com, (hereinafter Web Site) is held by: Marie Chaissac, with NIF: Y2592321M.

  • Trade name of the brand: Gaston in Barcelona
  • Contact informations : Calle Cros 4 – 08014 Barcelone – Espagne
  • Contact email: privacy@gastoninbarcelona.com

For the purposes of these Conditions it is understood that the activity that Gaston in Barcelona develops through the Website includes: sale of clothing and accessories.

#3

THE DATA AND VISITS TO THIS WEB PAGE

The information or personal data provided by the user on it will be treated in accordance with the provisions of the Privacy Policy. By making use of this web page, the user consents to the processing of said information and data and declares that all the information or data provided is true and corresponds to reality.

#4

USE OF THE WEB PAGE

By making use of this website and / or placing orders through it, the user agrees to:

  • Make use of this website only to make queries or legally valid orders.
  • Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, Gaston in Barcelona will be authorized to cancel it and inform the relevant authorities.
  • Provide his email address, postal address and / or other contact information in a truthful and accurate manner.
  • When placing an order through this website, the user declares to be over 18 years old and have the legal capacity to enter into contracts.
  • The user may formalize, at his election, with Gaston in Barcelona the contract for the sale of the desired products in any of the languages in which these Conditions are available on this website.

#5

PURCHASING PROCESS

The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. There will be no contract between the users and Gaston in Barcelona in relation to any product until the order has been expressly accepted by Gaston in Barcelona. If the offer is not accepted and a charge has already been made to the user’s account, the amount will be refunded in full.

To place an order, the user must follow the online purchase procedure, during which several products can be selected and added to the cart and finally click on ” Payment ” to confirm the payment.

Likewise, the user must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the user will receive an email confirming that Gaston in Barcelona has received their purchase request (order confirmation).

The user must bear in mind that this does not mean that his order has been accepted, since it constitutes an offer that he makes Gaston in Barcelona to buy one or more products.

All orders are subject to acceptance by Gaston in Barcelona, which will be informed via e – mail in which the user will confirm that the product is being shipped (the ” Order Confirmation”).

The contract for the purchase of a product between the user and Gaston in Barcelona (the “Contract”) will only be formed when the Order Confirmation has been sent.

Only those products related to the Shipping Confirmation will be the object of the Contract.

Once the purchase procedure has been completed, the user consents to the website generating an electronic invoice available in the user’s personal space .

The communications, purchase orders and payments that take place during the transactions carried out on the website may be archived and kept in the computerized registers of Gaston in Barcelona with the purpose of constituting a means of proving the transactions, in any case, respecting the reasonable security conditions and the laws and regulations that are applicable in this regard, and with particular attention to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free circulation of these data and the rights that assist users in accordance with the privacy policy of this website.

#6

AVAILABILITY OF THE PRODUCTS

All orders for products received by Gaston in Barcelona through the website are subject to the availability of the same. In this sense, if there are difficulties in the supply of products or if there are no items in stock, Gaston in Barcelona undertakes to contact the user and reimburse any amount that may have been paid as an amount.

#7

PRICE AND PAYMENT

The prices displayed on the website are the final ones in euros (€) and include VAT.

Shipping costs are included in the final prices of the products as shown on the website for Spain (peninsula and Balearic Islands). For other countries the shipping costs will be added to the total amount due. Gaston in Barcelona performs the shipping services through ASM / GLS.

Prices may change at any time, but possible changes will not affect orders with respect to which a shipment confirmation has already been sent.

The price of each product will be that stipulated in each moment on the website, except in case of manifest error. Although Gaston in Barcelona is intended to ensure that all prices listed on the website are accurate, errors may occur. If an error is discovered in the price of any of the products that the user has ordered, Gaston in Barcelona will inform the user as soon as possible and will give the option to reconfirm the order at the correct price or cancel it. If it is not achieved contact the user, the order will be canceled and the amounts that had been paid be fully reimbursed.

Gaston in Barcelona uses all means to guarantee the confidentiality and security of the payment data transmitted by the user during transactions through the website. As such, the website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize payment, Gaston in Barcelona will not be responsible for any delay or failure to deliver and may not enter into any contract with the bank of the user.

Once Gaston in Barcelona receives the purchase order from the user through the website, a preauthorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the time the sending confirmation is sent to the user.

If the means of payment is Paypal, the charge will be made at the time that Gaston in Barcelona sends a confirmation of the product order to the user.

In any case, by clicking on ” payment ” the user confirms that the payment method used is his.

#8

DELIVERY

Deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), France, Germany, Portugal, Austria, Belgium, Italy, Netherlands, Luxembourg, UK.

Except in those cases in which exist an unforeseen or extraordinary circumstance, the order of purchase consisting of those listed in each purchase confirmation products will be delivered within the time specified on the website according to the shipping method selected by the user, and Any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason Gaston in Barcelona cannot meet the delivery date, it will contact the user to inform them of this circumstance and give them the option to proceed with the purchase by establishing a new delivery date or canceling the order with the full refund of the purchase. price paid. Considering in any case that deliveries are not made on Saturdays or Sundays.

#9

DELIVERY IMPOSSIBILITY

For home deliveries: for the first delivery the company ASM / GLS will contact the user to confirm the delivery. If the first attempt is impossible, he will make a second delivery the next day.

If after two attempts it is impossible to make the delivery of the order, ASM / GLS will contact the user by email and indicate where the order is and how to collect it. The user will have a maximum of 1 4 days from the date of confirmation of shipping to pick up his order. If after said period the user has not picked up the order, it will be understood that the user wishes to withdraw from the Contract and this will be considered resolved. Because of the termination of the contract, all payments received from the user will be returned, except for the relevant shipping and handling costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on that in accordance with the provisions of this clause we consider the contract to result.

#10

TRANSMISSION OF RISK AND OWNERSHIP OF PRODUCTS

Product risks are borne by the user from the time of delivery.

The user will acquire ownership of the products when Gaston in Barcelona has received a full payment of all amounts due in connection therewith, including delivery charges, or upon delivery, whichever is at a time later.

#11

TECHNICAL MEANS TO CORRECT ERRORS

The user is informed that if he detects that an error has occurred when entering necessary data to process his purchase on the website, he can modify them by contacting Gaston in Barcelona by email (contact@gastoninbarcelona.com).

In any case, the user, before making click in “payment” has access to the cart where they are recording their purchase requests and can make changes.

#12

CHANGE / RETURN POLICY

#12.1

LEGAL RIGHT TO LEAVE THE PURCHASE

The user, as a consumer and user, makes a purchase on the website and, therefore, has the right to desist from said purchase within a period of 14 calendar days from the date of delivery of your order.

In this case, the user will be reimbursed the price paid for such products. The user will be responsible for the direct costs of returning the product.

The user can accredit the exercise of the right of withdrawal in any way admitted by law, considering in any case validly exercised this right by returning the products.

This provision does not affect other rights recognized to the consumer by current legislation.

#12.2

COMMON PROVISIONS

The right to withdraw from the Contract shall apply exclusively to those products that are returned under the same conditions in which the user received them, labeled and in perfect condition. The user must return the item using or including its original packaging. It must also include all instructions, accessories, documents and packaging of the products. In any case, you must deliver along with the product to return the ” Return Document ” duly completed. No refund will be made if the product has been used beyond the mere opening of the product or if it has suffered any damage, so you should be careful with the products while they are in your possession.

To make the return, the user must go to the homepage of www.gastoninbarcelona.com, click on the gray part (below the page) in “Return” and follow the steps. Then the user can print the Return Document with the instructions and address to indicate on the package.

The user will be responsible for the direct costs of returning the product.

The user will be responsible for the shipment that he makes. The user must bear in mind that if he decides to return the items freight collect, Gaston in Barcelona is authorized to charge the expenses.

After examining the article, Gaston in Barcelona will communicate to you if you are entitled to a reimbursement of the amounts paid. Reimbursement will be made as soon as possible and in any case within 14 days from the date of receipt of your package at the stockage place of Gaston in Barcelona. The refund will always be paid in the same means of payment that the user used to pay for the purchase.

If you have any questions, you can contact us at contact@gastoninbarcelona.com

#12.3

RETURNS OF DEFECTIVE PRODUCTS OR ERRORS OF GASTON IN BARCELONA

In the cases in which the user considers that at the time of delivery the product does not comply with the Contract (damage or size error or model from Gaston in Barcelona), he must go to the homepage of Gaston in Barcelona: www.gastoninbarcelona.com and click on “Return” in the gray part. Then the user must send photos of the damage or failure of the product and wait for examination of the team of Gaston in Barcelona.

The user can return the product by delivering it to a courier at his home to send to Gaston in Barcelona.

Gaston in Barcelona will proceed to carefully examine the returned product and will communicate to the user by e-mail, within a reasonable time, if the return or replacement of this (if applicable) is possible. The refund or replacement item will be made as soon as possible and in any case within 30 days after the date of the reception of the non-compliant item.

In the case that the user prefers a reimbursement of the amount paid and no refund or replacement product, he needs to contact Gaston in Barcelona and report to the brand. The amounts paid for products that are returned because of any fault or defect or error on the part of Gaston in Barcelona, will be refunded in full, including delivery costs incurred to return the product. The refund will be made in the same means of payment that was used to pay for the purchase.

The rights recognized by current legislation are safe.

#13

RESPONSIBILITY AND EXEMPTION OF LIABILITY

Except disposition in legal or otherwise Gaston in Barcelona will not accept any liability for the following losses, regardless of their origin:

  • Any losses that were not attributable to Gaston in Barcelona;
  • Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, Gaston in Barcelona also limits its responsibility in the following cases:

  • Gaston in Barcelona applies all measures to provide a faithful display of the product on the website, however the brand is not responsible for the samall differences or inaccuracies that may exist in the absence of resolution of the screen, or browser problems that are used or other problems of this nature.
  • Gaston in Barcelona will act with the utmost diligence to put at the disposal of the transport company the product purchased. However, it is not liable for damages arising from malfunction of transport, especially for reasons such as strikes, withholding, loss or theft of the product.
  • Technical failures that are due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. Gaston in Barcelona puts all means at your disposal to carry out the process of purchase, payment, shipping / delivery of the products, however, disclaims liability for reasons that are not attributable to them, fortuitous event or force majeure.
  • Gaston in Barcelona will not be responsible for the misuse and / or wear of the products by the user. At the same time, Gaston in Barcelona will not be responsible for a wrong return made by the user. It is the responsibility of the user to return the correct product.
  • Overall, Gaston in Barcelona will not be liable for any failure or delay in fulfilling any of the obligations assumed, when the events happen outside its reasonable control, in case of force majeure:
    • Strikes, lockouts or other protest measures.
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Gaston in Barcelona will have an extension in the term to fulfill them for a time equal to the duration of the force majeure event. Gaston in Barcelona will use all reasonable means to find a solution that will allow him to fulfill his obligations despite the cause of force majeure.

#14

INTELLECTUAL PROPERTY

The user acknowledges and consents that all copyright, trademark, design of garment models and other intellectual property rights over the materials or content provided as part of the website correspond to Gaston in Barcelona always or to those who granted a license to its use. The user may use said material only in the form in which it is expressly authorized by Gaston in Barcelona or those who granted a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about the data of your order or Contact data.

#15

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

The user must not make improper use of this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. The user will not try to have unauthorized access to this web page, to the server where that page is hosted or to any server, computer or database related to the website of Gaston in Barcelona.

The user undertakes not to attack this website through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. It shall be informed of any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

Gaston in Barcelona will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or other software or technologically damaging or harmful material that may affect the user’s computer, computer equipment, data or materials because of the use of this web page or of the downloading of contents of the same or to which it redirects.

#16

LINKS FROM THE GASTON IN BARCELONA WEBSITE

In the case that the website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without Gaston in Barcelona having any control over the content of such web pages or materials. Therefore, no responsibility is accepted for any damage or loss arising from its use.

#17

WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this website, the user accepts that most of these communications with Gaston in Barcelona are electronic (e-mail or notices published on the website).

For contractual purposes, the user consents to use this electronic means of communication and recognizes that any contract, notification, information and other communications that Gaston in Barcelona sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by you and the user.

The user can communicate with Gaston in Barcelona through emails to contact@gastoninbarcelona.com.

#18

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding both for the user and for Gaston in Barcelona, as well as for the respective successors, assignees and assignees.

The user may not transmit, assign, overload or in any other way transfer a Contract or any of the rights or obligations derived from it in his favor or for the user, without having obtained prior written consent.

Gaston in Barcelona may transfer, assign, overload, subcontract or in any other way transfer a Contract or any of the rights or obligations deriving from it in its favor or for Gaston in Barcelona, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, overload or other transfers will not affect the rights that the user has as a consumer recognized by law or will annul, will reduce or limit in any other way the guarantees, both express and implied, that could have granted him.

#19

RESIGNATION

No waiver by Gaston in Barcelona of a specific right or legal action or lack of strict compliance by the user with any of its obligations will imply:
➢ nor a waiver of other rights or actions derived from a contract or the Conditions,
➢ nor exempt the user from the fulfillment of his obligations.

No waiver by Gaston in Barcelona of any of these Conditions or rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to the user in writing.

#20

PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final decision by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

#21

COMPLETE AGREEMENT

The Terms and conditions document and any document expressly referenced represent the entire agreement between the user and Gaston in Barcelona regarding the subject matter, and supersede any pact, agreement, or promise agreed between the user and Gaston in Barcelona verbally or in writing.

The user and Gaston in Barcelona recognize to have consented to the conclusion of the Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in negotiations by the two before that contract, except that which is expressly mentioned in these Conditions.

Neither the user nor Gaston in Barcelona will act against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless it was made such untrue statement fraudulently) and the only action that will have the other party will for breach of contract in accordance with the provisions of these Conditions.

#22

RIGHT TO MODIFY THESE CONDITIONS

Gaston in Barcelona has the right to review and modify these Conditions at any time.

The user is subject to the policies and Conditions in force at the time he uses this website or order products, unless by law or governmental agencies make changes retroactively to those policies, Conditions or Declaration Privacy, in which case, the possible changes will also affect the orders that the user had previously made.

#23

APPLICABLE LEGISLATION AND JURISDICTION

The use of the website of Gaston in Barcelona and the contracts for the purchase of products through said website will be governed by Spanish legislation.

Any controversy that arises or relates to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the courts of the city of Barcelona.

If the user is hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.

#24

COMMENTS AND SUGGESTIONS

Your comments and suggestions are welcomed. We kindly ask you to send us such comments and suggestions through our contact email: contact@gastoninbarcelona.com.