General Terms and Conditions

 

 

Introduction

 

This contractual document will govern the General Terms and Conditions for contracting products (hereinafter, "Terms") through the website uniformesgarys.com, owned by UNIFORMES GARYS S.L. under the commercial brand UNIFORMES GARYS, hereinafter, PROVIDER, whose contact information is also listed in the Legal Notice of this website.

These Terms will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract. They may be modified at any time by UNIFORMES GARYS S.L. It is the USER's responsibility to read them periodically, as those in effect at the time of placing an order will be applicable. UNIFORMES GARYS S.L. will archive the electronic document that formalizes the purchase and make it available to the USER if requested.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and other special laws.

Acceptance of this document implies that the USER:

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

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

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

Identity of the contracting parties

On one hand, the PROVIDER of the products contracted by the USER is UNIFORMES GARYS S.L., with registered address at AVDA. PRIMERO DE MAYO (PLOT 95/96), 04820 VELEZ RUBIO (Almería), NIF B04371233 and customer service phone number 950410651.

And on the other hand, the USER, registered on the website through a username and password, over which they have full responsibility for use and custody, and are responsible for the truthfulness of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual sales relationship created between the PROVIDER and the USER when the USER accepts the corresponding checkbox during the online contracting process.

The contractual sales relationship entails the delivery, in exchange for a publicly displayed price on the website, of a specific product.

Correction of data

When the USER identifies errors in the information published on the website or in the documents generated by the contractual relationship, they may notify RGPD@UNIFORMESGARYS.COM so that UNIFORMES GARYS S.L. can correct them as soon as possible.

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

Contracting procedure

To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register on the website by creating a user account. For this reason, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), and Organic Law 3/2018 of December 5 (LOPDGDD), detailed in the website’s Legal Notice and Privacy Policy.

The USER will select a username and password, committing to use them diligently and not to make them available to third parties. They must notify the PROVIDER of any loss or theft or unauthorized access so that the PROVIDER can proceed with immediate blocking.

Once the user account is created, and in compliance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow these steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. General offer conditions.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, charges and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise agreed in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless 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.

Shipments will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely designated by the USER.

Shipping will be carried out once the availability of the merchandise is confirmed and payment has been verified.

Delivery time will be between 2 and 6 working days, depending on the destination and the selected payment method. The estimated delivery and shipping dates will be provided before order confirmation.

 

 

Failure to Execute the Distance Contract

If the contract cannot be executed because the contracted product or service is not available within the expected time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund at no cost, with no liability for damages attributed to the PROVIDER.

If the PROVIDER unjustifiably delays the refund, the USER may claim to be paid double the amount owed, without prejudice to the right to compensation for damages exceeding that amount.

The PROVIDER will not be held responsible when product or service delivery cannot be completed due to false, inaccurate, or incomplete information provided by the USER.

Delivery is considered completed when the carrier makes the product available to the USER and the USER, or their representative, signs the delivery receipt.

The PROVIDER will be liable to the USER for any lack of conformity at the time of delivery. The USER may request correction of nonconformity, price reduction, or contract termination. The USER may also claim damages if applicable.

The USER has the right to withhold any outstanding payment until the PROVIDER fulfills their obligations under this contract.

It is the USER’s responsibility to check the goods upon receipt and record any justified reservations or complaints on the delivery receipt.

If the contract does not involve the physical delivery of a product but rather download activation via a website, the PROVIDER will inform the USER in advance of the download procedure.

3. RIGHT OF WITHDRAWAL

Withdrawal Form: https://uniformesgarys.com/right-of-withdrawal.pdf

The USER has a period of fourteen calendar days from receipt of the product or from the contract date (in the case of a service) to exercise the right of withdrawal, as per Article 102 of Royal Legislative Decree 1/2007. If the PROVIDER fails to inform about the withdrawal right, the period extends to twelve months after the original deadline, per Article 105 of the RLD 1/2007.

The right of withdrawal does not apply to contracts listed in Article 103 of the RLD 1/2007 found here.

All returns must be communicated to the PROVIDER, requesting a return number via the appropriate form or by email to RGPD@UNIFORMESGARYS.COM, indicating the invoice or order number.

If the return is not made with the original packaging, the PROVIDER may charge a cost of .....€ to the USER, informing them in advance via the same communication channel used.

Once the USER has received the return number, they must send the product to the PROVIDER, including this number on the delivery letter, with shipping costs paid by the USER, to UNIFORMES GARYS S.L., AVDA. PRIMERO DE MAYO (PLOT 95/96), 04820 VELEZ RUBIO (Almería).

4. CLAIMS

Any claim the USER deems appropriate will be addressed as soon as possible and may be made via the following contact details:

Postal: UNIFORMES GARYS S.L., AVDA. PRIMERO DE MAYO (PLOT 95/96), 04820 VELEZ RUBIO (Almería)
Phone: 950410651
E-mail: RGPD@UNIFORMESGARYS.COM

5. FORCE MAJEURE

Neither party shall be held liable for any failure due to force majeure. The fulfillment of the obligation will be suspended until the cause of force majeure ceases.

6. JURISDICTION

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted through the purchase.

If any of these terms is found invalid or unenforceable, it will not affect the validity or enforceability of the remaining terms.

The USER declares to have read, understood, and accepted these Terms in full.

7. GENERAL OFFER CONDITIONS

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

No modification, alteration, or agreement contrary to the Commercial Proposal of UNIFORMES GARYS S.L. or to what is stipulated here shall have effect unless expressly agreed in writing and signed by the PROVIDER. In such a case, those specific agreements shall prevail.

9. SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download, or additional services, unless otherwise expressly agreed in writing.

Shipping charges will be calculated at the time of saving the cart or quote, as they are calculated based on the weight of the products and the delivery address.

The maximum applicable shipping rate (including VAT) is as follows:

Mainland up to 2 Kg: .......... €
Mainland > 2 Kg up to 10 Kg: .......... €
Mainland > 10 Kg: .......... €

Outside mainland up to 2 Kg: .......... €
Outside mainland > 2 Kg up to 10 Kg: .......... €
Outside mainland > 10 Kg: .......... €

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following payment methods:

• Credit card
• PayPal

The USER may apply a discount coupon before finalizing the purchase, if provided by the PROVIDER.

Security Measures

The website uses industry-standard security techniques such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms to prevent unauthorized access to data. For these purposes, the user/client agrees that the provider may obtain data for access control authentication.

The PROVIDER undertakes not to allow any transaction considered illegal by the credit card brands or the acquiring bank, or that may or could damage their goodwill or negatively influence them.

Under the card brands’ programs, it is prohibited to sell or offer a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder.

11. PURCHASE PROCESS

Any product in our catalog can be added to the shopping cart. This will show only the items, quantity, price, and total amount. Once the cart is saved, taxes, charges, and discounts will be calculated based on the provided payment and shipping information.

Carts do not have any administrative link, it is only a section where a quote can be simulated without any commitment from either party.

An order can be placed from the cart by following these steps for proper completion:

1. - Check billing information.
2. - Check shipping address.
3. - Choose payment method.
4. - Place the order (buy).

Once the order is processed, the system sends an instant email to the PROVIDER’s management department and a confirmation email to the USER.

Orders (purchase requests)

Before confirming the order, information will be provided about the order status and the approximate shipping and/or delivery date.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void, or for any reason unenforceable, such condition will be deemed separable and will not affect the validity and enforceability of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal, licensing, regulatory, or policy provision.

When the PROVIDER exercises any of its rights or powers under this clause, such exercise will not affect or prejudice the exercise of any other rights, powers, or remedies available to the PROVIDER.

13. WARRANTIES AND RETURNS

The warranties shall be governed by the provisions set forth in the section titled "Warranties and After-Sales Services" of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, accessible here.

If you wish to customize this section, ensure that the wording complies with the provisions of the “WARRANTIES AND AFTER-SALES SERVICES” section of Royal Legislative Decree 1/2007.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by and interpreted in accordance with Spanish law in matters not expressly established herein. Any dispute arising from the provision of the products or services governed by these Terms shall be submitted to the courts of the USER’s domicile, the place of fulfillment of the obligation, or where the asset is located if it is immovable.