condiciones generales de venta y de devoluciones
Read these conditions carefully
These General Conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the website, “ www.lagaianueva.com ”, owned by Rafael Felix M Gonnissen.
LA GAIA NUEVA, is represented by Rafael Felix M Gonnissen, self-employed, residing at La Collecha 2, 33115 Santo Adriano, Asturias, Spain.
These Conditions establish the rights and obligations of all users of LA GAIA NUEVA, in relation to the products and services that we offer through our website “ www.lagaianueva.com ”, (hereinafter the "Store").
1. Obligations of the User.
1.1 The User undertakes, in general, to use the Store, to acquire the Products and to use each of the Store's services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions, and must also refrain from using them in any way that may prevent, damage or deteriorate the normal operation and enjoyment of the Store by Users or that could injure or cause damage to the assets and rights of LA GAIA NUEVA, its providers, Users or in general of any third party.
2. Products and Services.
2.1 LA GAIA NUEVA reserves the right to decide, at all times, the Products that are offered to Users through the Store. In particular, LA GAIA NUEVA may at any time add new Products to those offered or included in the Store, understanding that unless otherwise provided, such new Products will be governed by the provisions of these General Conditions. Likewise, LA GAIA NUEVA reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of Products offered in the Store.
2.2 The Products included in the Store will correspond in the most reliable way possible that web display technology allows to the Products actually offered. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.
2.3 This merchant undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them . The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. LA GAIA NUEVA reserves the right to cancel or reject any order from a User-Client with whom it has a dispute regarding the payment of a previous order.
2.4 Orders placed on the Internet through www.lagaianueva.com carry contractual data between the User-Customer and the store that will be confirmed and compiled by both parties before shipment.
2.5 LA GAIA NUEVA undertakes to accept order orders in accordance with the terms of the general conditions of sale set forth herein. The User-Client declares to know and accept these general conditions of sale before confirming their orders. The confirmation of an order implies, therefore, the acceptance of these General Conditions of Sale. Unless proven otherwise, the data recorded by the store constitutes proof of the set of transactions carried out between LA GAIA NUEVA and its customers.
3. Procedure and Form of Payment of the Products.
3.1 Within a maximum period of twenty-four (24) hours, LA GAIA NUEVA will send an email to the User, confirming the purchase. Said email will assign a purchase reference code, and will detail the characteristics of the Product, its price, shipping costs and the data of the different options to make the payment of the Products to LA GAIA NUEVA.
3.2 The User who purchases a product through the Store must make the payment through the payment systems specifically detailed in the Store.
3.3 LA GAIA NUEVA will file the electronic documents in which the contract is formalized, sending a copy to the User once the purchase is made. The contract will be made in the Spanish language.
3.4 The order confirmation sent by LA GAIA NUEVA is not valid as an invoice, only as proof of purchase. The user can download the invoice from his account or request a company invoice. You can also request that it be sent to you by e-mail.
4. Return Policy.
All products purchased at " www.lagaianueva.com " may be returned and reimbursed through the following form , provided that you notify us of your intention to return the product(s) purchased and the rest of the conditions established in this document are met. pulled apart.
LA GAIA NUEVA is in charge of processing a collection with the transport company of the products that you wish to return.
1. Right of withdrawal:
In the event that the return or exchange is unrelated to a defect or error in the product, we accept returns within the first 30 calendar days from the date of receipt.
The refund of the value of the merchandise will be made once we check in our warehouse its good condition. The customer must bear the costs of return shipping.
We will process the collection of the items (the transport company would pick it up for you) and, once here, and that we verify that everything is correct, we will make the payment of the amount less the return costs or, if the user prefers it (prior communication with him), we can refund the full amount in the form of a discount code for your next purchase.
LA GAIA NUEVA must make a refund of the amount must be made, as indicated by Law 3/2014 of March 27, on trade regulation article 107, without undue delay and, in any case, before 14 calendar days have elapsed from the date the merchandise was returned. The return of the money will be made by the same means of payment used for the initial transaction.
2. Damaged products
In the event that the return or exchange is due to the fact that the product is damaged or broken due to transport, please contact us as soon as possible to be able to process the replacement / payment of the products. The client shall not bear any expense.
3. Wrong products
If the return is due to the fact that the product received is not the one requested, a return or exchange can be made within the first 30 calendar days from the date of receipt. However, it must be communicated as soon as possible in order to process the change for the correct product. The customer should not pay return costs.
4. Products with incorrect/incomplete information
In the event that the return is due to the fact that the product received does not conform to the information indicated on the web, a return or exchange can be made within the first 30 calendar days from the date of receipt. However, it must be communicated as soon as possible in order to process it. The customer should not pay return costs.
5. Defective products
In the case of defective products, LA GAIA NUEVA will proceed, as appropriate and depending on the conditions of the product, responding itself or through the supplier/distributor/manufacturer, to the repair, substitution, price reduction or termination of the contract, procedures that will be Free for the consumer and user.
LA GAIA NUEVA will be liable for any lack of conformity that is manifested within a period of two years from delivery.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
The product warranty has a period of 2 years for spare parts, return it with a copy of the invoice at your expense and, if it is guaranteed, the filter will be repaired or replaced. Transportation costs are borne by the customer.
6. Used products
The return of used and/or manipulated products will not be accepted.
How is the money returned?
The refund of the amount will be made to the same card or account in which the order was paid. In the event that payment is made by cash on delivery or transfer, the account number and IBAN will be requested in order to make the payment. We may withhold reimbursement until we have received the goods or you have provided proof of return of the goods, depending on which condition is met first. You will only be responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.
Special cases
1. In the event that the customer rejects the merchandise once here, the amount of the products will be refunded. LA GAIA NUEVA reserves the right to charge the cost of return to the customer.
2. Returns of products that require installation and have already been carried out are not allowed.
5. Customer Service.
5.1 For any incident, claim or exercise of their rights, the User may send an email to info@lagaianueva.com or call +34620148117.
6. Home Delivery Service.
6.1 The territorial scope of sales through the Store is exclusively for the areas indicated on the page, so the delivery service will only be for said territory. The Products purchased through the Store will be sent to the delivery address that the User indicates once the payment has been verified (with the exception of cash on delivery), the maximum delivery period being thirty (30) days established by default in the Law unless otherwise specified at the time of purchase.
Shipments are delivered to the address indicated by the user in the purchase process. Shipments to post office boxes are not allowed. If the order is large or heavy, the carrier will deliver to the portal or, failing that, the lowest floor. The fact that an additional postage is charged for "weight surcharge" does not imply that it is sent to the address if it is bulky. It is simply a special charge for transporting it.
6.2 The cost of shipping is not included in the price of the Products. At the time of purchasing the Product, the User will be informed of the exact shipping cost and other additional costs that may arise.
7. Intellectual and Industrial Property.
7.1 The User acknowledges that all the elements of the Store and each of the Products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation with them, are protected by intellectual and industrial property rights of LA GAIA NUEVA itself or of third parties, and that the General Conditions do not attribute to said industrial and intellectual property rights any other rights other than those specifically contemplated in the same.
7.2 Unless authorized by LA GAIA NUEVA or, where appropriate, by third-party holders of the corresponding rights, or unless this is legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information that they access through the use of the Store only for their own needs, agreeing not to directly or indirectly carry out a commercial exploitation of the materials, elements and information obtained through the same.
7.3 The User must refrain from evading or manipulating any technical devices established by LA GAIA NUEVA or by third parties in the Store.
8. Data Protection.
In order to guarantee and protect the privacy and confidentiality of the personal data of the Users of our website and in order to protect their intimacy and privacy, we have drafted, in accordance with current legislation, the Privacy Policy .
The terms contained in it and especially the duty of confidentiality will be mandatory for all internal or external personnel who work or could work with us and who have access to the data you provide us, either while browsing our website. , for the use of our forms or during the contracting or provision of services.
We reserve the right to modify the content of this Privacy Policy, in order to adapt it to new legislation or jurisprudence, as well as to the reports or opinions issued by the Spanish Data Protection Agency or the Article Working Group. 29.
In the event that we are going to use the personal data of Users, Potential Clients or Clients, in a manner different from what is established in the Privacy Policy in force at the time of providing us with the data; or in the event that we are going to treat them for purposes other than those indicated at the time you provide us with your data, we will make every effort to contact you as affected, to inform you and obtain your consent again. Otherwise, we will not use the data for different purposes.
We advise Users that, each time they access our website, they review this text to make sure of the purposes and uses that we can make of their data.
The Privacy Policy will be part of and will be permanently linked to the provisions of our Legal Notice, in the Legal Conditions of the contracted service and in our Cookies Policy.
At all times we will indicate the date of the last update of the Privacy Policy so that Users know the effective content that applies to them and the date of the last revision.
THE NEW GAIA. certifies that this Privacy Policy is adapted to 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 movement of these data (hereinafter GDPR).
In accordance with the provisions of Regulation (EU) 2016/679 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 and by which it is repealed Directive 95/46/CE (“GDPR”) you are informed that, in the event that you select the STRIPE and LINK deferred payment service, your name, surname, DNI or NIE, email address, billing and delivery address and product that you want to acquire and its price will be transferred to STRIPE and LINK in order that STRIPE can process the financing request and, where appropriate, analyze, evaluate and manage the credits that you as a user request, in accordance with its data protection policy that you can find at https://stripe.com/privacy and https://link.co/es/privacy
At any time, you may exercise the rights of access, rectification, deletion, opposition, portability and limitation of the data that corresponds to you as a user, by sending a communication to privacy@stripe.com
9. Passwords.
9.1 LA GAIA NUEVA will facilitate the use of personal passwords for the user who registers as such on the website. These passwords will be used to access the services provided through the Website. The user must keep the passwords under their sole responsibility in the strictest and absolute confidentiality, assuming, therefore, how many damages or consequences of all kinds derived from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the user. The User undertakes to notify LA GAIA NUEVA immediately of any unauthorized use of their password, as well as access by unauthorized third parties to it.
10. Cookies.
10.1 LA GAIA NUEVA uses cookies in order to improve its services, facilitate navigation, maintain security, verify the User's identity, facilitate access to personal preferences and follow their use of the Store. Cookies are files installed on the computer's hard drive or in the browser's memory in the folder preconfigured by the operating system of the User's computer to identify it.
10.2 If the User does not want a cookie to be installed on their hard drive, they must configure their Internet browsing program to not receive them. Likewise, the User may freely destroy cookies. In the event that the User decides to deactivate cookies, the quality and speed of the service may decrease and, even, they will lose access to some of the services offered in the Store.
11. Conflict resolution
EUROPEAN PLATFORM FOR THE RESOLUTION OF E-COMMERCE CONFLICTS.
We inform consumers that the online consumer dispute resolution platform (“ODR Platform, Online Dispute Resolution”) is operational for all countries of the European Union, including Spain.
In the case of Spain, the European Commission has designated the European Consumer Center attached to the Spanish Agency for Consumer Affairs, Food Safety and Nutrition, as the contact point of the platform, to assist and support the presentation of claims through the aforementioned platform.
As of the entry into force of Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013, regarding the alternative resolution of consumer disputes and of Regulation 524/2013 of the European Parliament and of the Advice, we are obliged to inform our buyers about the existence of the platform. Hence, we inform our Users that in the event of any conflict with the consumer of LA GAIA NUEVA, there is a new, simple, multilingual and accessible European procedure for resolving them.
Which consists of the following:
The consumer must access this platform and complete the online claim form. Once filled out, it will be sent from the same platform. The claim will be sent to LA GAIA NUEVA, who will propose to the consumer an alternative dispute resolution entity. Once the consumer and the seller agree on the mediation entity that will resolve their conflict, the platform will send the claim to the chosen entity.
The mediation entity will deal with the case electronically and will propose a solution within a maximum period of 90 days.”
12. Comments and suggestions
Your comments, complaints and suggestions will be well received. Please send us such comments or suggestions through our email info@lagaianueva.com