General conditions of sale
Purchases made by our users through our website ("Website") are governed by the conditions ("Conditions") described below. The purchase of products (“Product”) through www.mascheratart.com implies full and unreserved acceptance by the user of the following purchase conditions. The Conditions do not cover the purchase of our products by third parties outside the Website.
Data of the Information Society service provider, owner of the website
Identity: GAVIERA, S.C. – J13702972
Address: Calle Ulises Guimera Castellano, 1, Piso 1, Puerta A., 38001 – Santa Cruz de Tenerife
Phone: 665073174
Web: www.mascheratart.com
Email: info@mascheratart.com
Please read these Conditions carefully before placing an order for any “Product” on our “Website”. If you do not accept these Conditions, you will not be able to place an order for any Products on our Website. You may print a copy of these Terms for future reference.
1. Possibility of modifying present and commercial offer conditions
GAVIERA, S.C. may modify the conditions or offers published on its website at any time (prices, products, promotions, and other commercial and service conditions). But the modifications will not affect in any case the purchases already made by our users.
Product and manufacturer names and brands are used for identification purposes only. All photos, descriptions and prices are not contractual.
Special offers, promotions or discounts will be valid until the indicated date or until the indicated number of stocks ends. As well as the prices indicated at the time of consulting the website.
2. How can I buy on the web?
The purchase by the user is made and perfected by following the purchase procedure described in this section. By making a purchase on our website, you agree that communications with GAVIERA, S.C. are mainly by electronic means.
To proceed to make a purchase on our website you only have to follow the following steps:
- To make a purchase, you must add the products that interest you to your “shopping cart.”
- Once you have filled your cart with all the products you want to buy, you must fill out the required fields and, once completed, the purchase is finalized.
- To close the purchase with GAVIERA, S.C. you have to complete the purchase and proceed to pay the amount of the products purchased through the payment gateway.
- The purchase will be completed when the user receives the order confirmation by email, which will reflect in detail the products they have purchased and these conditions.
3. Price of the products.
If there is a typographical error in any of the prices shown and if any user has made a purchase decision based on said error, we will inform them of this incident immediately and the user will have the right to cancel their purchase without any cost on their part.
The price of the product does not include shipping or transportation costs that will be indicated at the time of placing the order.
4. What are the shipping and transportation conditions?
4.a) Where do we ship to?
We carry out national and international shipments.
4.b) How long will you receive your order?
The usual delivery time ranges between 1 and 7 days from receipt of the order payment confirmation and depending on the location of the shipment.
If the item is not in stock, and cannot be delivered on time, we will notify you of the estimated time for your request and you can exchange it for another item if you wish or request a refund.
These deadlines are indicative and GAVIERA, S.C. reserves the right to delay them for reasons beyond the control of the company. In any case, we will always try to shorten shipping times as much as possible to ensure quick and efficient receipt of orders.
The agreed deadlines for the delivery of the product are understood without prejudice to delays that may be caused by force majeure.
4.c) What do I have to do in case of delay or error in shipping or delivery?
In case of delay, error in delivery or lost product, please contact us as soon as possible. GAVIERA, S.C. will contact the logistics company to start an investigation and resolve the incident as soon as possible. We will make every effort within our reach, for the time necessary and within a maximum period of 24 hours we will contact the user and provide a solution or send them a new identical package at no cost.
The user will have the right to terminate the contract and be paid the amount of the product and shipping if we do not deliver within the agreed period and the conditions established in article 66.bis 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.
4.d) What is the amount of shipping costs?
The amount of shipping costs is indicated separately at the time of placing the order and is the responsibility of the user and must be accepted before making payment.
Shipping costs vary depending on the type of shipping:
| Destination | Amount |
|---|---|
| Envíos a Canarias | Gratuitous |
| Envíos a Península y Baleares | 9,99€ |
| Envíos al resto de Europa | 14,99€ |
| Envíos internacionales | 19,99€ |
4.e) Where will I receive the order?
The products will be delivered to the address indicated by the user in the order form.
Delivery will be made through the transport company DHL Express.
If the user is absent at the time of delivery of the order, the transport company will contact you to arrange a new delivery.
GAVIERA, S.C. will track the delivery of the order.
5. Payment method
5.a) What payment methods can I use?
Products can be paid by Visa, MasterCard and American Express.
6. What are the invoices like?
The user accepts that invoices for product purchases are issued electronically and sent by email. You can request a copy of the paper invoice by sending an email to info@mascheratart.com
7. Return
7.a) What period do I have to cancel the purchase or decide to return a product?
The user will have a period of twenty calendar days to decide to return or cancel the “Product” from the date of shipment. However, in any case, the total amount will be returned minus 15 euros for management costs.
In the event that these are personalized products, their return will not be possible.
7.b) How can I cancel the purchase?
If you wish to return the product or withdraw from the purchase, you must inform us of your decision to withdraw from the contract through an unequivocal statement by postal mail to GAVIERA, S.C. at the following address: Calle Ulises Guimera Castellano, 1, Piso 1, Puerta A., 38001 – Santa Cruz de Tenerife; or by email to info@mascheratart.com.
To do this, you may use the model withdrawal form that we include below, although its use is not mandatory, any communication in which you inform of your exercise of the right of withdrawal before the corresponding period expires will suffice.
Formulario de Desistimiento (solo se debe cumplimentar y enviar si se desea desistir de la compra) |
A la atención de: GAVIERA, S.C. Calle Ulises Guimera Castellano, 1, Piso 1, Puerta A. 38001 Santa Cruz de Tenerife info@mascheratart.com. |
Por la presente le comunico/ comunicamos que desisto del contrato de venta del/ de los siguiente/s servicios/producto/s: |
Número de pedido: |
| Artículo: |
| Recibido en fecha: |
| Nombre/s del/de los consumidor/consumidores y usuario/s: |
| Domicilio/s del/de los consumidor/consumidores y usuario/s: |
| Firma del consumidor y usuario o de los consumidores y usuarios (solo si el presente formulario se presenta en papel) |
Fecha |
7.c) ¿Cuáles son los requisitos para el ejercicio de derecho de desistimiento?
The user may return the products by postal mail to the following address: GAVIERA, S.C.
Calle Ulises Guimera Castellano, 1, Piso 1, Puerta A., 38001 – Santa Cruz de Tenerife
In case of withdrawal on your part, we will return all payments received from you, including shipping costs, (if any), except for an amount of 15 euros for management costs. But to do this you must return or deliver the products directly to us, without any undue delay and, in any case, no later than within 20 calendar days from the date on which you notify us of your decision to withdraw. The withdrawal period will be considered met if you return the goods before the corresponding period has expired.
7.d) How is the refund made?
GAVIERA, S.C. will reimburse the amount of the product using the same payment method used by you at the time of purchase, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund within a maximum period of 20 calendar days from the date on which we are informed of the withdrawal.
In the event that the order has been delivered, we may withhold the refund until we have received the products, or until you present proof of their return. When returning a “Product”, we recommend that you obtain proof of its shipment.
To return the product it is necessary that it has not been used and has its original seal or packaging intact. Packaging on which any type of sticker, adhesive paper or similar has been affixed by the user will not be accepted. We reserve the right to refuse a full refund if the returned “Product” has been damaged.
If the return occurs because the user considers that the “Product” is defective and wants a refund of the amount paid, they also have twenty business days to return it from receipt of the product. Returning in this way does not limit the rights that may assist you in accordance with the product warranty established by consumer and user regulations.
8. Legal guarantee
Products sold by GAVIERA, S.C. are covered by the legal guarantee from the delivery of new products by the seller, in accordance with the provisions of consumer and user regulations.
The legal guarantee will be covered as follows:
a. Material goods: 3 years
We do not cover defects caused by misuse, neglect or improper handling. The “Products” or “services or digital content” sold on our Website are intended solely for the use described in the specifications of each product, services or digital content.
9. Data protection policy
GAVIERA, S.C. undertakes to comply with current legislation regarding the processing of personal data.
You can access more information in our Privacy Policy.
10. Complaints and attention to consumers and users
If you are not happy with your product/service, please let us know at the following address: GAVIERA, S.C. with address at Calle Ulises Guimera Castellano, 1, Piso 1, Puerta A., 38001 – Santa Cruz de Tenerife or at the following email info@mascheratart.com
You can submit any type of claim at the following address info@mascheratart.com
In addition, we have official complaint forms available to our clients and users. You can request them by calling or by email info@mascheratart.com
11. Cause of force majeure
GAVIERA, S.C. will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control such as a) Strikes, lockouts or other industrial action; b) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war; c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster; d) Impossibility of using means of transportation; Impossibility of using telecommunications systems; and e) Government acts, regulations or restrictions.
The obligations derived from these conditions will be suspended during the period of the Cause of Force Majeure and the period to comply with said obligations will be extended for a period of time equal to the duration of the Cause of Force Majeure and we will use all reasonable means to end the Cause of Force Majeure or find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.
12. Partial nullity
If any of these Conditions are 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.
13. Applicable law and competent courts
Contracts for the purchase of products through our Website and any disputes or demands arising from them or referring to their object or conclusion (including non-contractual litigation or claims) will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or the products will be submitted to the non-exclusive jurisdiction on-exclusive jurisdiction of the Spanish courts and tribunals of the province of Santa Cruz de Tenerife.
If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes as such, and you may choose to file a claim to assert your rights in relation to these Conditions before the Judge or Courts that correspond to your jurisdiction home.
14. Online Dispute Resolution Platform
In compliance with the obligation of information to consumers established in Art. 14 of Regulation (EU) 524/2013 on Resolution of online consumer disputes GAVIERA, S.C. informs you that the European Commission provides an online dispute resolution platform that is available at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES and where you can submit your claims to try to reach an out-of-court solution, if you reside in the EU.
15. Notifications
Occasionally, GAVIERA, S.C. may use your personal data to send you notifications by email. These notifications will be made to inform about changes in our services or products.
16. Quality commitment to our users. Comments and suggestions
The client must keep in mind that in products we offer human capital, which is willing to help them in a personalized way. Our goal is the satisfaction of our customers with our products and obtaining the highest quality standards.
Your comments and suggestions will be welcomed. You can contact us via email at info@mascheratart.com or by phone.
Date: 12/31/21
Version: V.2.0