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General Conditions of Contract
GENERAL CONDITIONS OF SALE
- PARTIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
(hereinafter also referred to as the General Conditions of Sale or CGV):
On the one hand, the supplier of the products, GOLD RECORD, S.L.U., whose commercial name is MY GOLD RECORD SHOP (hereinafter also the supplier), with registered office at C/ Puig Sobira 2, 25280 Solsona, N.I.F. B06842892 e-mail: being the owner of the website www.goldrecordshop.com, establishes the contractual document that will govern the contracting of products through the said website.
And, on the other hand, the User – Client (hereinafter, the User), registered on the site through a username and a password, for which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the supplier.
BOTH ACCEPT this document, which implies that the user
- You have read, understood and are aware of the provisions of this document.
- It is a person of legal age and with sufficient capacity to hire.
- Who assumes all obligations set forth herein.
- That you have read and accept these general conditions of purchase from the moment you purchase any of the products offered.
- This document can be printed and saved by the User.
The supplier makes the e-mail address available to you so that you can ask any question about these conditions.
These conditions will be valid for an indefinite period and will apply to all contracts made through the provider’s website www.goldrecordshop.pt.
The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that have been purchased before the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.
It is advisable to keep a copy of the data contained in the purchased products. MY GOLD RECORD SHOP cannot be held responsible for any loss of data, files or any damage resulting from the lack of a backup copy of the data contained in the products purchased by the User.
MY GOLD RECORD SHOP is not responsible for any consequences that may result from the incorrect use of the products for sale on the site.
MY GOLD RECORD SHOP’s responsibility for the products supplied is limited to their value, and the user waives any responsibility before MY GOLD RECORD SHOP for any concept in any case of dissatisfaction with the products purchased on the website www.goldrecord.shop, as well as possible failures, slow access or errors when accessing the web, including the loss of data or other information that may exist on the computer or network of the user accessing the website www.goldrecordshop.com.
MY GOLD RECORD SHOP is a company specialized in the distance sale of personalized products, such as prizes and gifts. MY GOLD RECORD SHOP sells its products remotely over the Internet, through its website.
2. OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase and sale that arises between the supplier and the user when the user accepts these general conditions of purchase during the online contracting process, by ticking the box corresponding. These CGV are applicable from the day the order is placed.
The contractual purchase relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
2.2 Territory of application: The www.goldrecordshop.com online store is active worldwide.
2.3 Contractual capacity: To place an order, the user must be of legal age and have contractual capacity.
2.4 Customer acceptance: The validation of an order through the website www.goldrecordshop.com is done by email and also implies automatic acceptance of the Terms and Conditions. These conditions are available on the website www.goldrecordshop.com or, if the customer wishes and requests it, we can make them available by email.
2.5 Modification of the General Conditions of Sale: MY GOLD RECORD SHOP reserves the right to make changes and/or modifications to these General Conditions of Sale. We advise our customers to review them regularly. In the event that these changes or modifications are made after placing an order, the terms and conditions in force on the date the order was placed apply.
3. INFORMATION PROVIDED ON THE WEBSITE www.goldrecordshop.pt:
3.1 Publication of prices: The prices of the products are those indicated for each product on our website www.goldrecordshop.es.
3.2 Product information: Information contained in our advertising, brochures, other written materials, on our website or provided to you constitutes an invitation to purchase. The contents of www.goldrecordshop.com are constantly renewed and updated to provide our customers with the most complete and detailed information possible.
3.3 Availability of product(s): There may be occasions when it is impossible to supply all products because they are not in stock or not available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4 Right of cancellation: MY GOLD RECORD SHOP reserves this action (right of cancellation) for the shipment of a certain product that does not meet the quality requirements imposed on all products on www.goldrecordshop.es. If this lack of quality is detected, the MY GOLD RECORD SHOP Customer Service will suggest a replacement product and, if the replacement is not to the customer’s satisfaction, the cost of the product will be refunded.
3.5 Orders 24 hours a day, every day of the year: Order reception hours are twenty-four (24) hours on three hundred and sixty-five (365) days a year, although orders placed after fourteen (14 :00) hours are not processed, leaving for the next business day in Solsona (Lleida). Orders received on Fridays after the indicated time, and on Saturdays and Sundays will be processed on Mondays or on the first working day. Delivery times are stipulated in section 5.4 of these conditions.
3.6 Fraud: If MY GOLD RECORD SHOP suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.
PURCHASE PROCEDURE:
To access the products offered by the provider, the user does not need to register through the website, creating a user account. If you do not register as a user, you will only be asked for essential data to be able to process your order. Once the purchase process is completed, you will be offered the option of registering as a user or continuing as an unregistered user.
If you intend to register, the user must freely and voluntarily provide the personal data that will be requested.
The user will select a username and password, agreeing to make diligent use of them, and not make them available to third parties, as well as notify the provider of their loss or theft or possible access by unauthorized third parties. , in such a way that it proceeds to the immediate blockade.
Good manners.
Once the products have been selected, it is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:
- Choose the product by clicking on it, and it will open with a wide breakdown of its shapes, components, materials, manufacturing delivery times and quantity discounts. Then click the “Start Design” button, at which point the products can be customized. The product features that can be modified will appear, a side menu where you can add text, the possibility of “Upload files” if we want a photograph, logo, etc. appear on the product or purchase pre-set images from the website. Once the customization process is completed, you can proceed with the purchase by clicking on the “Buy Now” box.
- If you want to add more products, you must select the option “Continue shopping”. If by mistake you added something you didn’t want, you must click on the option to remove it from the shopping cart. In the shopping cart, the items, quantity, price and total value, taxes and shipping methods available will be observed. Once all the products have been chosen, the charges and discounts will be calculated according to the payment and shipping data entered.
- After choosing the product(s) and shipping method, you must click on the “Proceed to checkout” button to place the order. Before that, in the “Calculate shipping” option, select where the shipment will go so that it calculates the shipping method among the options and price of the shipment and the associated taxes.
- User credentials will be requested in three ways:
- User registration: if you are not a previously registered user, to make the purchase (this registration is free), you must complete a data collection form (in which you must accept the Privacy Policy). Once completed, you will receive a registration confirmation email at the email address provided.
- If you were already registered and were already a customer: you can access your data by clicking on the already registered user button, insert your username and password.
- Purchase as a Guest: a set of personal data is requested in order to be able to place the order and subsequent delivery, and then the user’s consent to save their data is requested. If you borrow it, product information will be saved and sent to you if you allow it, otherwise the data will only be saved for future purchases.
Please check your email inbox for spam and junk mail and always check that the contact details provided are correct.
- Once registered or completed the purchase form, a checkbox will appear that must be checked, as it is the acceptance of these General Clauses of the Contract and the Privacy Policy.
- To finalize the process, you must click on the Finalize the order button.
In any case, the supplier’s contracting platform will inform the user, once the contracting procedure is completed, via email, about all the characteristics, price, means of transport, contracting date and delivery times of the purchased product.
If there is any type of error at the indicated address or at any other point in the order, you must notify it immediately to the email address that will appear on the website in order to correct this error.
If you have any questions, you can contact our Customer Service through any of the means available on the website www.goldrecordshop.com.
MY GOLD RECORD SHOP will provide FREE Service through our contact email, if you choose another alternative means of communication, the user is the one who will have to bear the specific cost of it.
5. RESPONSIBILITY, USE AND COPYRIGHT OF THE IMAGES:
MY GOLD RECORD SHOP is not responsible for the use that the user makes with the purchased product.
The User is responsible for the content of the transmitted files and declares that he has all the permissions and/or licenses for the images, distinctive signs and contents that may be included and/or published in his photos, discs or products that contain photographic content, exempting the MY GOLD RECORD SHOP from any liability in this regard. The User undertakes to exempt MY GOLD RECORD SHOP from any liability towards third parties in case of violation of such rights.
The User retains all rights to all files transmitted by him or by persons authorized by him. The User grants MY GOLD RECORD SHOP, for the fulfillment of the contractual relationship, the right to use the files made available as necessary, without any restriction of time or place. This includes storing, duplicating and manipulating the files.
6. SHIPPING:
6.1 Transport company: will be carried out through the Companies UPS, Correos Express, MRW and Correos, whose Customer Service telephone numbers are 902.888.820, 902.122.333, 973481896 and 915.197.197.
6.2 Shipping costs:
6.3 Shipping address: Orders will be delivered to the delivery address freely indicated by the user. In this way, the supplier does not assume any responsibility when the delivery of the product is not carried out as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be carried out for reasons beyond its control. of the company providing remittance services, designated for this purpose, such as the absence of the recipient.
The order delivery time will be during business hours.
Notwithstanding the foregoing, the supplier has taken the measures required of a diligent trader to ensure that delivery is made within the agreed period, for which reason no liability can be imputed to the supplier.
Shipments are made only to destinations in Peninsular Spain and the Balearic Islands. Shipments are not made to the Canary Islands, Ceuta and Melilla, the European Union, America and the rest of the world.
MY GOLD RECORD SHOP will put all the means at your disposal so that your order is delivered within the period stated on our website from the date of issue of the order confirmation.
6.4 Delivery times: The delivery time is generally between:
Shipments to Spain and the Balearic Islands:
- Normal shipping between 2 and 7 business days from the time it leaves our warehouses.
- Express shipping delivery of the order within 24/48 business hours, delivered before 7:30 pm, counting from the time it leaves our warehouses.
- Express Shipping Plus Delivery of the order within 24/48 business hours, delivered by 2 pm, counting from the time it leaves our warehouses.
- Deliveries will be made from Monday to Friday. No deliveries will be made on Saturdays and Sundays.
- These deadlines are independent of manufacturing times, and must be added to the manufacturing times indicated on each product.
Depending on the product, the target population and the chosen payment method. This term is understood as long as the availability of the service has been confirmed and full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service will be able to inform you of availability.
If you ordered multiple products in the same order, please be aware that they may have different availability dates, in which case you may receive them on different dates. Please note that, given the unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before it is shipped, contacting our Customer Service at the following email address: indicating the order number.
6.5 Shipping Confirmation: The moment the order is delivered to our carrier, we will send the shipping confirmation to the email address you provided when placing the order. In the shipment confirmation we will indicate the corresponding tracking number so that you can track it through our carrier’s website.
6.6 Damage on delivery: The products are shipped in secure packaging. If at the time of delivery it is visible and clear, without the need to manipulate the shipping package or the product itself, that a product has defects caused by damage caused by transport or if an error in the goods received, the customer must contact immediately by email, in order to request the return of the affected product(s) and replace it with another one in excellent condition, or proceed with the return of the amount paid for the same, as you inform us in that email.
Likewise, if damage to the product is detected after opening the packaging with the packaging in perfect condition, the consumer and user must inform the seller of the lack of conformity within a period of two months from the moment he became aware of it by and -mail.
7. PRICES AND TERMS OF VALIDITY OF OFFERS:
All prices shown on the www.goldrecordshop.es store include VAT in effect at the time of purchase. All prices that appear on the web are valid and will be expressed in Euro currency (€). Said prices, unless expressly stated otherwise, do not include transport, handling, packaging, transport insurance or any other additional services associated with the product or service purchased.
VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products will be understood to be located in the territory of application of 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 any given time, depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force. each of these territories.
If the Customer resides outside the European Union, prices include VAT in the country of the community. If the customer is registered as a company on VIES, the products do not include VAT. The Customer may be subject to different taxes and customs fees depending on its content, value and other factors contemplated in the regulations of its country. These amounts must be paid by the customer to receive the purchased package.
The user will receive the invoice for the order at the email address provided by the user as soon as the purchase is made.
The prices applicable to each product will be those published on the web and automatically applied by the contracting process in its last phase.
In cases of promotions of limited duration, the promotional discount will be applied as long as the order was registered during the promotion period.
The delivery method is detailed in section 5 of these general conditions.
The data recorded by the different means of payment constitute proof of the date on which the financial transactions were made and will serve to determine whether or not the said order is subject to promotion.
For any information about the order, the User can contact the provider’s customer service telephone number or via email at the address provided.
8. PAYMENT METHODS:
Below, we detail the available systems:
8.1 Payment with credit or debit card: The user must have a valid credit or debit card, where he must specify all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Payments are only accepted with secure cards where your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be considered and will not be processed until payment has been authorized by your bank or cashier.
The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment, as it allows the encryption of information transmitted during the transaction, guaranteeing its confidentiality.
8.2 Payment by transfer or deposit into account: Upon completion of the order, the user will receive instructions with the account number to pay for the order. It is essential that the assigned order number and username are clearly indicated on the transfer order. To confirm the order, it will be necessary to place it within 7 days, otherwise it will be canceled in our system.
8.3 PayPal: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the “Back to web” button will return to the web to see the order and be able to print it.
PayPal automatically encrypts sensitive data using the most advanced technologies available on the market. PayPal has its own privacy policies and MY GOLD RECORD SHOP is not responsible for them.
8.4 Bizum: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official Bizum website where you can make the payment by indicating your telephone number and validating the payment using the PIN that this platform will send you. Once the payment is made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the “Back to web” button will return to the web to see the order and be able to print it.
Bizum automatically encrypts confidential data with the help of the most advanced technologies available on the market. Bizum has its own privacy policies and MY GOLD RECORD SHOP has no responsibility for them.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, within a period of 14 calendar days from receipt of the product, without penalty for its exercise; The consumer must be refunded the total purchase price, that is, the price of the product plus shipping costs, within 14 days after exercising the right of withdrawal by the user/consumer. Regarding the shipping costs for returning the products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer will only be responsible for the decrease in the value of the goods resulting from handling them that is not necessary due to their nature, characteristics or functioning, without thereby limiting their right to exercise it. To exercise this right of withdrawal, you can fill in the form that you will find at the end of these conditions with the name Attachment: withdrawal form, with your order number (to obtain a refund of the value of the product(s) within a maximum period of fourteen (14) calendar days after receiving the order) together with your contact information. You can send it to us by mail or post (by any legally accepted means), always within 14 calendar days of receipt of the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the guarantee of said product(s).
You must return the product with all the elements with which it was delivered, without damage or signs of wear of any kind, and that does not denote improper use of the good or different from its own nature to the address we have provided.
It is advisable to return it in its original packaging, if this is not possible, the product may suffer devaluation. The customer will be responsible for packaging and protecting the products he sends, as well as for shipping costs.
Provided that the products are returned within 14 calendar days, without damage or signs of wear and tear and in compliance with the requirements set out in this section, we will refund the full purchase price.
The right of withdrawal will not apply to contracts that refer to the supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
9.2 Return due to error in the order by GOLD RECORD: When the product does not correspond to what was ordered, due to an error attributable to the company, the user must notify the company by email as soon as possible; MY GOLD RECORD SHOP will bear the costs of collecting the product sent by mistake and delivery of the product corresponding to the order placed.
9.3 Verification of Returns: The verification and verification of the products to be returned will be the responsibility of MY GOLD RECORD SHOP, which, once at its facilities, will verify that they were received in compliance with all the requirements established in section 9.1. If any of the elements are missing, we will notify you in writing via email indicating the missing content.
10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
10.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.
10.2 Warranty in the event of a defective product: In the event of a defective product, MY GOLD RECORD SHOP must repair, replace, reduce the price or terminate the contract (as the case may be), procedures that will be free of charge for the user. MY GOLD RECORD SHOP is responsible for any lack of conformity that appears within three years of delivery; the consumer – user must inform MY GOLD RECORD SHOP about the lack of conformity within two months of becoming aware of it.
11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:
If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, the General Conditions remaining in everything else, taking into account account the said provision, or the part thereof which is affected, by not putting.
12. ONLINE DISPUTE RESOLUTION:
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need for recourse to the courts of law, through the intervention of a third party, called Dispute Resolution Organism, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
13. APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of products or services subject to these Conditions, to the Courts of the domicile of the provider (if not considered a consumer for the purposes of the TRLGDCU) or the user (if you are considered a consumer for the purposes of the TRLGDCU).
14. APPLICABLE RULES:
These General Conditions are subject to the provisions of:
European rules regulating e-commerce:
Directive 97/7/EC on the protection of consumers in the field of distance contracts (Distance Sales Directive);
Directive 2000/31/EC concerning certain legal aspects of information society services, in particular electronic commerce in the internal market (Electronic Commerce Directive).
Spanish regulations:
Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users.
Law 7/1998, of April 13, on the General Conditions of Contract, and subsequent amendments,
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 the free movement of such data and which repeals Directive 95/46/EC (General Data Protection Regulation)
Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights,
Law 7/1996, of January 15, on the Retail Trade Regulation, and
Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and subsequent amendments.
15. COMMENTS AND SUGGESTIONS:
We welcome your comments and suggestions. We kindly ask you to send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available for consumers and users. You can request them through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
To the attention of:
Name: GOLD RECORD, S.L.U.
NIF: B06842892
Address: C/ Puig Sobira 2, 25280, Solsona, Lleida
E-mail:
Details of the good/benefit to be withdrawn:
Order/invoice number: ________________________________________________
Order/invoice date: _____________________________________________
Product receipt date: ___________________________________
Product Description: _________________________________________
________________________________________________________________
________________________________________________________________
Consumer/User Data:
Name: __________________________________________
NIF: _____________________________________________________
Home: _________________________________________
Population: _________________________________________
Telephone: __________________________________________
E-mail: __________________________________
Right of withdrawal:
Pursuant to article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, I hereby inform that I renounce the purchase and sale agreement of the property described above, so I would appreciate it if you could contact me through the contacts provided, to notify me that this request was made.
Application date:
Consumer/User Signature: