TERMS AND CONDITIONS
The present General Conditions of Purchase regulate the use of the web therealgarcia.com (from now on “The Web”) of which Dicubia S.L (from now on Dicubia) is the owner. Dicubia S.L. is a commercial company with registered office in Gran Vía 16, 4 IZQ, 28013 Madrid, Spain, with NIF nº B42930131, and registered in the Mercantile Registry of Madrid, M- 585.774, volume 32.545, Folio 121, Section 8. The use by the customer of the services of the online store presupposes, in any case, adherence to the General Conditions of Purchase in the version published at the time of the purchase order. Therefore, it is advisable for the customer to read these General Conditions before proceeding to make a purchase.
1. SCOPE OF THE CONTRACT. These General Conditions of Purchase apply to the sale of all items of THE (REAL) GARCIA through its website in all countries. THE (REAL) GARCIA informs that its website is intended exclusively for an audience over 18 years of age. THE (REAL) GARCIA reserves the right to cancel the access account of a customer if fraudulent, speculative or bad faith acts are detected in the use of this service.
2. PURCHASE LIMIT. For security reasons, purchases of more than 20,000 euros or with more than 100 items per order cannot be made. .
3. PRICE. The applicable prices are those indicated on the website on the date of the order. The prices are detailed in each article and include V.A.T. (Value Added Tax), IGIC (Canary Islands General Indirect Tax), or IPSI (Tax on Production, Services and Imports in Ceuta and Melilla), as applicable. The amount of the shipping costs is indicated to the customer in a broken-down way at the time of placing the order.
4. PAYMENT. The payment will be made at the end of the purchase process and will be an indispensable condition for the formalization of the same. In no case it will be possible to make the payment later. Payment by means of deferred procedures such as cash on delivery, transfer or payment in store at the time of collection of the order is not allowed. Supported payment methods: Purchases can be paid by credit card Visa®, Mastercard® as well as 4B or 4B Maestro debit card, Google Pay, Apple Pay and PayPal system. In any case, the choice of payment method is made during the purchase process on the corresponding screen. The customer must notify THE (REAL) GARCIA of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that it can take the appropriate steps. The suppliers or issuers of means of payment may adopt anti-fraud measures that entail the rejection of certain types of transactions. THE (REAL) GARCIA is not responsible for the application of this type of security policies.
5. DELIVERY. The delivery time will be a maximum of 4 days in Spain and 14 days in the rest of the countries, from the date of purchase. The delivery of the orders will be made at the address indicated by the client according to the following characteristics:
5.1 Home delivery: Standard shipping: The customer must pay the shipping costs: 4,95€ in Spain, 9,95€ in Europe and 19,95€ in the rest of the countries. -In the case of shipments to Ceuta and Melilla, the customer must also pay customs duties and taxes generated by the order. These expenses are paid at the time the order is received and in no case will be included in the price paid for the products. -In the case of shipments to the Canary Islands, the cost of transport amounts to € 9.95 and the customer must also pay the costs of management in the Customs that generates the order and the AEIM regardless of the amount of the order when applicable. In addition, the customer must pay the corresponding tax. These expenses are paid at the time the order is received and in no case will be included in the price paid for the products. The address indicated by the customer may be a home address, a place of work or any other address indicated. It is not necessary that the billing address and shipping address match. Our transport provider will send an email or SMS (if you have provided a contact cell phone number in your order) indicating the day of delivery and enabling the change of delivery date. On the same day on which the delivery is scheduled, our transport provider will send an email or SMS (if you have provided a contact cell phone in your order) informing you of the approximate delivery time slot. 5.2 Delivery Incidents: If the delivery cannot be made due to the absence of the addressee, the transport agency will leave an indicative note and will try to contact the addressee by phone. After two unsuccessful attempts, the customer must contact the transport agency to proceed with the delivery.
6. CHANGES, RETURNS AND WITHDRAWAL. There are different procedures for the realization of changes, returns and cancellations. Below, we will describe the characteristics of each of them, as well as their costs and conditions. a. Exchange: an exchange is considered to be the substitution of the same product in another color and/or size. b. Return: in case of tare or defect. c. Withdrawal: by customer’s decision. All products to be exchanged or returned must be properly packaged. In case of withdrawal, you will only be liable for the diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.1 CONDITIONS, REFUND AND PROCEDURE. Conditions (Exchanges and withdrawal): You have 14 calendar days from receipt of the product/s to withdraw from the contract without justification. We do not make changes as such, so you will have to make the return and place a new order with the new product. Conditions (Returns): THE (REAL) GARCIA will be responsible for the lack of conformity that are manifested in the period established in the legal regulations. Refund: THE (REAL) GARCIA will refund, if applicable, the corresponding amount without undue delay and, in any case, before 14 calendar days have elapsed from the date on which it has been informed of the return. The refund will be made by the same means of payment with which it was paid. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. Procedure: You can consult the return instructions here: FILL IN
7. PRODUCT AVAILABILITY. If there are incidents in terms of supply or if there are no products in stock, the customer will be informed immediately and will proceed to refund the amount of the product or products out of stock. THE (REAL) GARCIA will reimburse the corresponding amount without undue delay and, in any case, before 14 calendar days have elapsed. The refund will be made by the same means of payment with which it was paid. The stock availability data in physical store that are reflected on our website are indicative and may vary.
8. GUARANTEE OF THE PRODUCTS PURCHASED. The guarantee offered is the one established in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
9. CUSTOMER SERVICE. For any questions, suggestions, queries or complaints about the online store, you can contact the Customer Service, by any of the following means: – E-mail: email@example.com or Chat enabled on the website. – Postal mail to the following address: Dicubia , S.L, c/ Gran Vía 16, 4 Izq, 28013 Madrid. In addition, we have official Complaint Forms available to consumers and users, which can be submitted to the postal address and email above, or in any of our physical stores. You can request them here: Download official forms. THE (REAL) GARCIA Customer Service will attend and respond to your complaint as soon as possible, and in any case within a maximum period of one month. In the event that your request is not satisfactorily resolved, you may go to the ordinary jurisdiction or process your claim through the website http://ec.europa.eu/odr, which will provide a single point of access for out-of-court resolution free of charge.
10. MODIFICATION OF THE GENERAL CONDITIONS OF PURCHASE. THE (REAL) GARCIA reserves the right to modify these General Conditions of Purchase at any time. No modification shall affect orders already in progress.
11. FORCE MAJEURE. The performance by THE (REAL) GARCIA of all or part of its obligations shall be suspended in the event of an act of God or force majeure preventing or delaying performance. The following shall be considered as such, in particular, but not limited to: war, riots, insurrection, social disturbances, strikes of any nature and supply problems not attributable to the brand. THE (REAL) GARCIA shall inform the customer of any such fortuitous event or force majeure within seven days of its occurrence. In the event that such suspension lasts longer than fifteen days, the customer will then have the possibility to cancel the order in progress and will then be reimbursed under the conditions provided for in point 6 of these General Terms and Conditions of Purchase.
12. APPLICABLE LAW AND JURISDICTION. These General Conditions of Purchase are subject to Spanish law. Without prejudice to the foregoing, the non-resident consumer in Spain also enjoys the protection guaranteed by the mandatory provisions of the law of the country where he has his habitual residence. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the customer’s domicile.