- INTRODUCTION
This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.garbatela.com) and the purchase of products on it (hereinafter, the "Conditions" ), regardless of the application, digital medium, support or device through which it can be accessed. Please read these Conditions and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Privacy and Cookies Policy, so if you do not agree with all the Conditions and with the Privacy and Cookies Policy, Cookies, you should not use this website.
If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.
- OUR DATA
The sale of items through this website is carried out under the name GARBATELA by MINERVA GARCÍA GARCÍA., with address at Paseo Marqués de Corvera Nº40 2ºA 30.002 – MURCIA, and NIF: 23050733H, with telephone number 626987679
and email aloha@garbatela.com
- YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
- USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
- Make use of this website only to make legally valid inquiries or orders.
- Do not make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order.
We reserve the right to prevent you from accessing our website or to terminate your account if your behavior constitutes a breach of these terms and conditions or current regulations.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
- SERVICE AVAILABILITY
The items offered through this website are only available for shipment to Spanish territory.
- HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Authorize payment". Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). In addition, we will inform you by email that the product is being shipped (the "Shipping Confirmation").
- TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this web page, you can modify them in the "My Account" section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service by calling 626 987 679 or via social networks (Instagram), as well as exercising the right of rectification contemplated in our Privacy Policy and Cookies through aloha@garbatela.com.
This web page shows confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the data in these sections has not been provided correctly. Likewise, this web page offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, by phone or at the aforementioned email address, to correct the error. .
- PRODUCT AVAILABILITY
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.
- DELIVERY
Before formalizing the order you must select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the product(s) listed in each Shipping Confirmation without undue delay and no later than 30 calendar days from the date of the Order Confirmation.
Keep in mind that there are circumstances derived from the personalization of the products, or unforeseen or extraordinary circumstances that may affect the delivery date.
If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option of going ahead with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Keep in mind, in any case, that, except in exceptional moments, we do not make home deliveries on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, we will leave you a note explaining where your order is and how to have it sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
In the event that the order has not been delivered for reasons not attributable to us, we will contact you and, if thirty (30) days have elapsed since we made the item available to you, you have not picked it up or refused to receive it, will be considered abandoned. For more information, you can contact us through our Customer Service channels.
11. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be borne by you from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at a later time.
- PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.
You can use Visa, Mastercard, American Express, Affinity Card, PayPal, Apple Pay, Android Pay and Bizum cards as a means of payment (subject to the availability and operation of each bank and its app).
We inform you that Minerva García García with registered office at Paseo Marqués de Corvera Nº 40 2ºA 30.002 – MURCIA and Tax Identification Number 23050733H, will collect on behalf of GARBATELA and, where appropriate, refunds related to payments made through this Web page.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of it.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
- SHOP AS A GUEST
This website also allows purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order.
Once the purchase process is complete, you will be offered the possibility of registering as a user or continuing as a non-registered user.
- VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations. in each of these territories. You expressly authorize us to issue the invoice electronically, although you may indicate to us at any time your desire to receive a paper invoice, in which case, we will issue and send the invoice in said format. You can request it by contacting our customer service, through any of the means made available to you and free of charge.
- RETURN POLICY
15.1 Legal right to withdraw from the purchase: Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify GARBATELA, at the address, PASEO ALFONSO XIII, Nº 3 1ºD, 30.203 CARTAGENA, by phone 626 987 679, via social networks (Instagram), or email to aloha@garbatela.com, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory. To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs to the initial shipping address without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have presented proof of their return, depending on which condition is met first.
You must send us the products without undue delay and, in any case, within a maximum period of 14 calendar days from the date you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired. In any case, you must assume the direct cost of returning the goods.
YOU HAVE 14 DAYS TO COMMUNICATE YOUR INTENT TO RETURN.
We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods in perfect condition.
You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
WE WILL REFUND YOU THE FULL AMOUNT OF THE VALUE OF THE ARTICLE WHEN WE HAVE RECEIVED IT AND ONCE REVISED WE VERIFY THAT IT IS IN PERFECT CONDITION WITHIN A MAXIMUM PERIOD OF 14 DAYS.
15.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized for consumers and users and mentioned in clause 15.1 above, we grant you a period of 30 days from the Shipping Confirmation to make returns of the products (except those mentioned in clause 15.3 below, with respect to which the right of withdrawal is excluded).
In the event that you return the products within the contractual term of the right of withdrawal, but after the legal term has elapsed, you will be refunded only the price paid for such products. You will be responsible for the direct costs of returning the product.
You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within a period of 30 days. from the Shipping Confirmation.
15.3 Common provisions
You will not have the right to withdraw from the contract whose object is the supply of any of the following products:
- – Personalized articles.
- – Sealed music CDs/DVDs that have been unsealed after delivery.
– Goods sealed for health or hygiene reasons that have been unsealed after delivery.
UNDER NO CIRCUMSTANCES WILL AN ITEM BE RETURNED THAT HAS BEEN MADE EXPRESSLY FOR YOU.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the / the product(s) while in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents.
You can make the returns by courier that you consider appropriate, bearing the direct costs of the return.
Returns through courier:
You must contact us through any of the aforementioned means to have proof of the return. If you no longer have the original packaging, you can make the return in any packaging, as long as it ensures that the items are not lost, following the instructions that you will find in the "RETURNS" section on this website.
IN NO CASE WILL RETURNS WITH POST COLLECTED BE ACCEPTED.
Keep in mind that, once the order has been delivered, in the event of exercising the legal or contractual right of withdrawal, when it is you who organizes the transport of the same, without therefore said service having been offered by us, we will not be able to assume the risk on the return package when it refers to causes not attributable to GARBATELA.
After examining the article, we will notify you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal term and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods back, or until you have provided proof of return of the goods, whichever condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase. You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact channels or by calling 626 987 679.
If we receive an item after the stipulated period, in poor condition, with erroneous content or that, in short, does not meet the characteristics to be able to withdraw from the contract, you will not be entitled to a refund of the amounts. In this case, we will contact you and if two (2) months after we made the item available to you, you have not picked it up or refused to receive it, we will not be responsible for it and it will be considered abandoned. We will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.
Also, remember that you will be responsible for the content of the return package. In the event that there is an error in the content of the return package not attributable to GARBATELA, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.
In any case, the rights and actions recognized by current legislation remain safe.
15.4 Returns in the Canary Islands, Ceuta and Melilla
If you wish to change or return a product that had been delivered to the Canary Islands, Ceuta or Melilla, you must contact us at the telephone number 626 987 679 and make the return at your own cost.
15.5 Returns of defective products
In cases in which you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels, providing the information of the product as well as the damage suffered, or by calling the number 626 987 679 where we will indicate how to proceed.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amounts paid for those products that are returned due to a flaw or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by current legislation are protected.
16.GUARANTEES
If you contract as a consumer and user, you have the right to corrective measures, free of charge, in case of lack of conformity of the goods. We offer you guarantees on the products that we sell through this web page, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself within a period of three years from the date of purchase. product delivery.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this web page, (ii) they are suitable for the uses to which the products are ordinarily intended of the same type and (iii) have the usual quality and benefits of a product of the same type that can reasonably be expected. In this sense, if any of the products does not comply with the contract, you must notify us by following the procedure detailed in section 17.6 above and through any of the means of communication provided for this purpose.
The products we sell, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in sales, in texture, in knots and in color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
Our commercial guarantee will not affect the rights that you have recognized by current legislation.
- LIABILITY AND RELEASE OF LIABILITY
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
- (i) loss of income or sales:
- (ii) loss of business;
(i) (iii) loss of profits or loss of contracts;
- (iv) loss of anticipated savings;
- (v) loss of data; and
- (vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise stated. expressly otherwise in it.
- VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this web page, the server on which said page is hosted or any server, computer or database related to our web page. You agree 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 lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will 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.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.
- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we do not have any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
- WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
- NOTIFICATIONS
The notifications that you send us must be sent by phone 626 987 679, via social networks (Instagram) or by email to aloha@garbatela.com. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its validity. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law, nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , that we could have given him.
- EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the
following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport 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 public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force
Major continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
- RESIGNATION
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under of said contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.
- PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
- ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in them constitute the entire existing agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.
You and we acknowledge having consented to the execution of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned in these Conditions.
Neither you nor we will have any recourse against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement was fraudulently made) and the only recourse available to you is the other party will be for breach of contract in accordance with the provisions of these Conditions.
- OUR RIGHT TO MODIFY THESE TERMS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.
If you do not agree with the modifications introduced, we recommend that you do not use our website.
- APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.
- COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We ask you to send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions. In addition, we have official claim forms available to consumers and users. You can request them by calling 626 987 679 or through our contact channels.
Likewise, you can send your complaints and claims through our contact channels or by email aloha@garbatela.com, which will be attended to by our customer service in the shortest possible time and, in any case, within the deadline legally established. Likewise, they will be registered with an identification key that we will inform you of and will allow you to monitor them.
If you as a consumer consider that your rights have been violated, you can address your complaints to us through the email address aloha@garbatela.com, in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been carried out online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. on consumer matters accessible through the Internet address http://ec.europa.eu/consumers/odr/.
- CONTACT
Please note that the email address aloha@garbatela.com is enabled for the purpose of allowing easy and direct access to the identifying data of GARBATELA, as well as for the purpose of making any complaints or claims that you deem appropriate.
To send comments, suggestions, queries or any other issue other than the above, you can access our usual contact channels, that is: the telephone number 626 987 679 or social networks (INSTAGRAM).
For more information, please consult the "Contact" section of the website. Last update: 05/04/2023.
Withdrawal form model (You should only complete and send this form if you wish to withdraw from the contract)
To the attention of Minerva García García, acting under the trade name GARBATELA, with address at Paseo Marqués de Corvera 40 2A 30002 – MURCIA, Spain, and email aloha@garbatela.com.
I hereby notify you that I withdraw from my contract of sale of the following property:
Ordered on/received on (*): Name of consumer:
Consumer Address:
Consumer signature (only if this form is submitted on paper)
Date:
(*) Delete as appropriate
All the information related to product guarantees can be found in the section of guarantee.