General terms and conditions of sale

WWW.GUBOSA.COM

1. GENERAL INFORMATION

The ownership of this website WWW.GUBOSA.COM, (hereinafter Website) is held by: GUBOSA S.L, with Tax Identification Number: B59092486 and registered in: Commercial Register of Barcelona; and whose registration details are: Volume 11244, Book 737, Section 3, Folio 68, Page 13521, Inscription 1, and whose contact details are:

Address: Avenida Principal 45 Poligono Industrial Can Clapers 08181 Sentmenat Barcelona

Contact telephone number: 937153121

Contact email: gubosa@gubosa.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (WWW.GUBOSA.COM) and the purchase or acquisition of products and/or services on this Website (hereinafter referred to as the “Conditions”).

For the purposes of these Terms and Conditions, it is understood that the activity that GUBOSA TIENDA ONLINE carries out through the Website includes:

Marketing and distribution of polishes for all types of metals in the different sectors of application.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of GUBOSA TIENDA ONLINE. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, and if you do not agree to all of the above, you should not use this Website.

You are also advised that these Terms and Conditions may be subject to change. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. GUBOSA TIENDA ONLINE makes no representation that the Website complies with the laws of other countries, either in whole or in part. GUBOSA TIENDA ONLINE declines all liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.

The User may formalise, at his/her choice, with GUBOSA TIENDA ONLINE the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may make purchases on the Website by the means and in the manner established. They should follow the WWW.GUBOSA.COM online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “Finalise Purchase”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Subsequently, the User will receive an e-mail confirming that GUBOSA TIENDA ONLINE has received his/her order or request to purchase and/or provide the service, i.e. the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from GUBOSA TIENDA ONLINE using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in transactions carried out on the Website may be filed and kept in the computerised records of GUBOSA TIENDA ONLINE in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in accordance with 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 movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by GUBOSA TIENDA ONLINE through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, GUBOSA TIENDA ONLINE undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, GUBOSA TIENDA ONLINE performs delivery and / or shipping services through: Correos Express, Zeleris among other agencies…

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card

Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by GUBOSA TIENDA ONLINE and/or GUBOSA S.L.

GUBOSA TIENDA ONLINE 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 verification and authorisation by the issuing bank. If the issuing bank does not authorise payment, GUBOSA TIENDA ONLINE will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.

Once GUBOSA TIENDA ONLINE receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service provided in the manner and, where applicable, place established.

If the means of payment is a gift card or credit card, the charge will be made when GUBOSA TIENDA ONLINE sends a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on “Finalise Purchase”, the User confirms that the payment method used is his or her own, or that, where applicable, he or she is the legitimate holder of the gift card or subscription card.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Mainland and Balearic Islands), European Union

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, GUBOSA TIENDA ONLINE is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact GUBOSA TIENDA ONLINE to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to GUBOSA TIENDA ONLINE, GUBOSA TIENDA ONLINE shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and in any event not later than 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when GUBOSA TIENDA ONLINE receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by GUBOSA TIENDA ONLINE.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the Spanish VAT territory if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting GUBOSA TIENDA ONLINE through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Furthermore, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Finalise Purchase”, has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the GUBOSA TIENDA ONLINE Website, or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

In order to exercise this right of withdrawal, the User must notify GUBOSA TIENDA ONLINE of his/her decision. You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that GUBOSA TIENDA ONLINE makes available as an annexed part of these Conditions, however, its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In the event of withdrawal, GUBOSA TIENDA ONLINE shall reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which GUBOSA TIENDA ONLINE is informed of the User’s decision to withdraw.

GUBOSA TIENDA ONLINE will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, GUBOSA TIENDA ONLINE may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to GUBOSA TIENDA ONLINE at: Avenida Principal 45 Poligono Industrial Can Clapers 08181 Sentmenat Barcelona

This must be done without undue delay and, in any case, no later than 14 calendar days from the date on which GUBOSA TIENDA ONLINE was informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. Furthermore, he shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case for: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users shall not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by GUBOSA TIENDA ONLINE, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

You can download the model withdrawal form at the following link: http://gubosa.com/wp-content/uploads/2022/07/Modelo-formulario-desistimiento-Gubosa.pdf

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact GUBOSA TIENDA ONLINE immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred in order to return the product. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding GUBOSA TIENDA ONLINE, therefore, for the lack of conformity of the same that is manifested within a period of two years from delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description provided by GUBOSA TIENDA ONLINE and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and features of a product of the same type and which are fundamentally to be expected of the same. If this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and are therefore part of the individual appearance of the product, and are not a defect.

On the other hand, it may be the case that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information relating to the guarantee of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, GUBOSA TIENDA ONLINE accepts no liability for the following losses, regardless of their origin:

  • any losses which were not attributable to any breach by it;
  • business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, GUBOSA TIENDA ONLINE also limits its liability in the following cases:

  • GUBOSA TIENDA ONLINE applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
  • GUBOSA TIENDA ONLINE will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
  • Technical failures which, due to fortuitous causes or otherwise, prevent the normal operation of the service via the Internet. Unavailability of the Website due to maintenance or other reasons, preventing the availability of the service. GUBOSA TIENDA ONLINE puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
  • GUBOSA TIENDA ONLINE will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, GUBOSA TIENDA ONLINE will not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, GUBOSA TIENDA ONLINE shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and GUBOSA TIENDA ONLINE will have an extension of the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. GUBOSA TIENDA ONLINE will use all reasonable means to find a solution that will allow it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with GUBOSA TIENDA ONLINE will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that GUBOSA TIENDA ONLINE sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.

The User may send notifications and/or communicate with GUBOSA TIENDA ONLINE through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, GUBOSA TIENDA ONLINE may contact and/or notify the User by e-mail or at the postal address provided.

11. RESIGNATION

No waiver by GUBOSA TIENDA ONLINE of any specific legal right or action or failure by GUBOSA TIENDA ONLINE to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by GUBOSA TIENDA ONLINE of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalised and communicated to the User in writing.

12. NULLITY

If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

13. FULL AGREEMENT

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and GUBOSA TIENDA ONLINE in relation to the object of the sale and purchase and supersede any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and GUBOSA TIENDA ONLINE acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data provided by the User to GUBOSA TIENDA ONLINE in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between GUBOSA TIENDA ONLINE and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send GUBOSA TIENDA ONLINE their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).

In addition, GUBOSA TIENDA ONLINE has official complaint forms available to consumers and users, which they can request from GUBOSA TIENDA ONLINE at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between GUBOSA TIENDA ONLINE and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.