GENERAL CONDITIONS OF CONTRACT

GENERAL CONDITIONS OF CONTRACT  

1. General

These general contracting conditions apply to all commercial transactions carried out in our online store, https://www.gios.it owned by GIOS BRAND DISTRIBUTION, S.L. (hereinafter THE COMPANY) with CIF B54902879 and registered office at C/ Félix Rodríguez de la Fuente, 82 - 2 - C.P. 03203 Elche Parque Industrial (Alicante), information offered in compliance with the duty of identification required by article 10 of Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce. THE COMPANY offers and sells sporting goods. For more information about The Seller, consult the Legal Notice and the privacy policy located in the footer of this Website.   These legal conditions are adapted to the different legal regulations related to the virtual sale of products and services, such as Law 7/1996, of January 15, on Retail Trade Regulations (reformed by Law 47/2002); Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, (amended by Royal Decree-Law 13/2012, of March 30); Royal Legislative Decree 1/2007, of November 16, Consolidated General Text for the Defense of Consumers and Users; Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Law 44/2006 of December 29, to improve the protection of consumers and users; Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions; Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data; the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD); Law 56/2007, of December 28, on Measures to Promote the Information Society; Law 29/2009, of December 30, which modifies the legal regime of unfair competition and advertising to improve the protection of consumers and users; General Telecommunications Law 32/2003 (amended by Royal Decree-Law 13/2012, of March 30).   THE COMPANY reserves the right to make the modifications it deems appropriate, without prior notice, in the General Conditions. Said modifications may be made, through its website, by any means admissible by law and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones. However, THE COMPANY reserves the right to apply, in certain cases, Particular Contracting Conditions in preference to these General Conditions when it deems appropriate, announcing them in a timely manner.   The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.   As a user or client, you expressly declare that you know, understand and accept the conditions of use and these general contracting conditions. In the same way, you declare to be of legal age and have the legal capacity and to act necessary for access to the website of THE COMPANY and contracting through them.   It is an essential requirement that you register as a web user to make the purchase online. You can access the corresponding section for registration on the website itself. In accordance with the provisions of the current regulations on Protection of Personal Data, THE COMPANY informs users that the personal data collected during the registration process and subsequent purchase will be entered into a file under their responsibility, with the purpose of process said actions by the user and manage subsequent actions derived from them. Likewise, THE COMPANY informs you of the possibility of exercising the rights of access, rectification, limitation of treatment, deletion, portability and opposition to treatment by writing to the address C / Félix Rodríguez de la Fuente, 82 - 2 - C.P. 03203 Elche Parque Industrial (Alicante) or by email online@giosbrand.com During the purchase process you must identify yourself with the username and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a client, and cannot transfer them to third parties.   Once the purchase process is complete, the customer will receive a confirmation by email. It is essential that during the purchase process the user indicates a valid email. Within 24/48 HOURS from the completion of the order you will receive confirmation of the order placed, however for any clarification you can contact customer service by phone + 34 966 60 27 59 or by email: online@giosbrand.com   The client, upon receiving the product at the delivery address provided, will receive an invoice or copy of the order.

2. Offer and validity

In the case of a product on sale, the offer price and its validity will always be indicated along with its essential characteristics.   In compliance with current regulations, THE COMPANY offers information on all items for sale, their characteristics and prices. However, THE COMPANY reserves the right to withdraw, replace or change the products offered through its website, by simply changing its content. In this way, the products offered at any time by the web will be governed by the General Contract Conditions in force in each case. Likewise, the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.

3. Essential characteristics of the products

The products offered in our online store incorporate a photograph and its essential characteristics. The color of the product, observable in the photograph, is not binding. It is identified in the characteristics.

4. Guarantees

THE COMPANY undertakes to respect the legal guarantee of the products that are offered as stipulated in the applicable legislation. The shipping costs will be managed in accordance with what is stated in the corresponding clause, as well as with the applicable legislation.   THE COMPANY undertakes to make its best efforts available to its customers in order to achieve excellence in the delivery of the products offered. In this sense, the provider undertakes to diligently process the claims or complaints that its clients THE COMPANY, bases its warranty service both within the framework of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.

 

PRICES

Prices for customers are based on shipping location. You can find out which currency you can check out from using our country selector located in the navigation of our website.. Local import duties may be payable by the recipient on receipt of the order. 

6. Delivery and transport costs  

Except express request of the Client, delivery is made by courier company and shipping costs are borne by the Client. The shipping costs will be calculated and displayed automatically once the address to which the shipment is made has been entered.

Methods of payment and execution of the order   The customer may pay the amount of his order by choosing any of the following ways. During the purchase process you must indicate your choice:   VISA or MASTERCARD credit card   All operations that involve the transmission of personal or banking data are carried out using a secure environment, a server based on the standard security technology SSL (Secure Sockets Layer). All the information that you transmit to us travels encrypted through the network.   Likewise, the data on your credit card are entered directly on the bank's page, in the POS (Point of Sale Terminal of the Bank) and are not entered or registered on any server of THE COMPANY   When paying with a VISA or MASTERCARD card, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD card. MASTERCARD, thus offering more guarantees regarding the security of the transaction. If the purchase had actually been made by the cardholder and the return requirement was not a consequence of having exercised the right of withdrawal or resolution and, therefore, would have unduly required the cancellation of the corresponding charge, the cardholder will be obliged to THE COMPANY to compensation for damages caused as a result of said cancellation.   PayPal   It allows you to send payments on the Internet safely and comfortably. PayPal's network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.   More information on PayPal. http://www.paypal.com.

7. Right of withdrawal, returns and claims  

The buyer will have a period of fourteen calendar days to withdraw, from the day the customer receives the product, without any penalty and without indicating the reasons. The exercise of the right of withdrawal must be carried out by means of notification by telephone to + 34 966 60 27 59, or by emailing online@giosbrand.com or by sending your letter to our address C/ Félix Rodríguez de la Fuente, 82 - 2 - C.P. 03203 Elche Industrial Park (Alicante). According to the provisions of article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of consumers and Users, the supplies of services or goods made in accordance with the specifications of the consumer or clearly personalized, or that, by their nature, cannot be returned or can deteriorate or expire quickly, are exempt from withdrawal.

8. The return  

The client must return or deliver the product directly to THE COMPANY, at the address C/ Félix Rodríguez de la Fuente, 82 - 2 - C.P. 03203 Elche Industrial Park (Alicante). Without any undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right to withdraw from the contract is formalized. The term will be understood to have been met if the customer returns the product before the end of the term. Return costs in case of withdrawal are borne by the customer.   In any case, the products to be returned must be in perfect condition, unused and in their original packaging. Therefore, to avoid transport problems, please ensure that the package is duly protected and sealed. Once received, we will check their status. As soon as we verify that both the item(s), as well as the possible components, accessories, promotional gifts and documentation, are complete and in perfect condition, we will proceed to return the money paid for the product.

9. Refund of the defective product

The reimbursement of the amounts received by the client will be made using the same means of payment used by the client, as long as the contrary has not been provided. THE COMPANY may withhold the refund until the product has been received, reason for withdrawal, or until the client provides proof of return, depending on which condition is met first.

10. Return of the defective producto  

In the event that the product is not in good condition and the causes attributable to it are not a consequence of the client, the latter will have the right to return the product, informing THE COMPANY of the reason for return through any of the means provided in these contracting conditions, and at no cost to the client. This return due to defect or poor condition of the product will not be considered a right of withdrawal.   In the event of a defective product, THE COMPANY undertakes to assume the cost of the return, and to restore the product for a new one in accordance with the conditions accepted at the time of sale.

11. Obligations of the Provider (THE COMPANY)  

THE COMPANY, by virtue of these general contracting conditions, undertakes with the Client the following obligations:   Yo. Provide the Client, both before and after registration, with the information that he requires in relation to the provision of the specific products sold within the framework of the provisions of the applicable regulations and these general contracting conditions.   ii. Diligently carry out the tasks that are necessary for the provision of the products offered.   iii. Observe due diligence and attention in the provision of the products offered and in its relationship with its Clients, as well as ensuring their interests.   iv. Provide the Client with communication channels so that he can contact THE COMPANY in relation to any incident or query related to the products offered   v. Respond for the quality and qualities of the items offered by THE COMPANY and that are within its exclusive control and/or direction capacity.

12. Obligations of the Client  

The Client who accesses the website https://www.gios.it and registers or requests the products offered, in application of these general contracting conditions, undertakes to comply with the following obligations:   Yo. Provide all the information and data necessary for your registration or for the request or provision of the services provided, committing to provide accurate, updated and true information.   ii. Pay the price for the copy purchased, in accordance with the provisions of the corresponding section of these general contracting conditions and on the Portal.   iii. Keep your identification data updated at all times and in particular the information necessary for processing the payment to the provider.

13. Privacy and Commercial Communications  

Protection of personal data: THE COMPANY in its commitment to guarantee the confidentiality of the information of its Clients, complies with the obligations established in the General Regulation of Data Protection of the EU, the Organic Law 3/2018 of Data Protection and Guarantee of Digital Rights of and other applicable regulations.   The Client can access all the information in relation to the management of their personal data, the rights that assist them in application of the aforementioned regulations and the data processing that THE COMPANY may carry out on the Privacy Policy page. Website privacy.   Commercial communications: THE COMPANY may send the Client communications related to its services, promotions and advantages, both by postal mail and by electronic means (email, SMS, electronic messaging) in order to inform the Client in relation to said aspects. The Client has the right to accept in chexbox enabled for this purpose, the receipt of said communications. Notwithstanding the foregoing, the Client may at any time and in a simple and free way express their opposition to continue receiving communications of a commercial nature, for which they must only send THE COMPANY a communication indicating their willingness to cancel the referral. of these communications, by postal mail to the address that appears in the Legal Notice or through email or the private area of ​​the website after proving your identity through a national identity document or equivalent.

14. Jurisdiction  

The relationship between the user and the provider will be governed by current regulations and applicable in Spanish territory. If any controversy arises, the parties may submit their conflicts to arbitration or go to the ordinary jurisdiction, complying with the rules on jurisdiction and competence in this regard.