General Terms and Conditions for Business

Contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Articele 3 - Applicability

Article 4 - The offer

Articele 5 - The agreement

Article 6 - The price

Article 7 - Performance and additional guarantee

Article 8 - Delivery and execution

Article 9 - Duration transactions: duration, termination and extension

Article 10 - Payment

Article 11 - Retention of title

Article 12 - Liability

Article 13 - Complaints procedure

Article 14 - Disputes

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Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

• Day: calendar day;
  
• Digital Content: data produced and delivered in digital form;
  
• Long-term contract: a contract for the regular delivery of goods, services and/or digital content during a specified period;
  
• Durable data carrier: any tool - including e-mail - that enables the Customer or the Entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  
• Customer: the natural or legal person acting in the exercise of his profession or business;
  
• Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to customers at a distance;
  
• Distance contract: an agreement concluded between the entrepreneur and the customer within the framework of an organised system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
  
• In writing: in these general terms and conditions, ‘in writing’ also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail has been sufficiently established.
  
• Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be together in the same room at the same time.
  
• Website: The webshop of entrepreneur on which products and services are offered that can be purchased by customers.
  

Article 2 - Identity of the trader

• Name trader: Gestoraz Gestores S.L.
• Legal form of the company: Sociedad Limitada (similar to a limited liability company)
• Registered address: Calle Las Barcas 2, Portal 2, Escalera 1, 46002 Valencia, Spain
• Telephone number: +34 960 13 33 33
• Email address: smile@gestoraz.com
  • Our customer service is available on weekdays from 10:00 a.m. to 8:00 p.m. via WhatsApp and email.
• Chamber of Commerce number: B75247551
• VAT identification number: ESB75247551
  

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and customer.
  
• If the customer, in his order, confirmation or communication containing acceptance, includes provisions or conditions that deviate from, or do not appear in the general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been explicitly accepted by the entrepreneur in writing.
  
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the remote agreement is concluded, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the customer's request.
  
• If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be stored by the customer in a simple manner on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the customer's request.
  
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the customer may always rely on the applicable provision that is most favourable to him.
  
• If any provision in these general terms and conditions proves to be invalid, this shall not affect the validity of the entire general terms and conditions. In that case, the parties shall determine (a) new provision(s) to replace it(them), which will give shape to the intention of the original provision as much as legally possible.
  

Article 4 - The offer

• If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
  
• The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content.
  
• The content of the website and the offer is compiled with the greatest care; however, Entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from Entrepreneur are therefore subject to manifest programming and typing errors.
  

Article 5 - The Agreement

• The agreement is concluded at the moment the customer accepts the offer and fulfils the conditions set.
  
• If the customer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
  
• If an offer is accepted by the customer, the entrepreneur has the right to withdraw the offer within 3 working days after receipt of the acceptance. The entrepreneur shall inform the customer of such a withdrawal without delay.
  
• If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe applicable security measures.
  
• If, when accepting or otherwise entering into the agreement, the customer provides incorrect data, the entrepreneur has the right to fulfil his obligation only after receiving the correct data.
  
• The entrepreneur may - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation. The entrepreneur who, on the basis of the investigation, refuses the application or attaches special conditions to the implementation, shall communicate this to the customer as soon as possible but at the latest within 3 days after the conclusion of the agreement, stating reasons.
  

Article 6 - The price

• All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless otherwise stated) and, unless otherwise stated on the website, exclusive of other levies imposed by the government.
  
• Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
  
• The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree to the change has the right to terminate the agreement without being charged any costs by Operator.
  
• Any additional costs such as delivery costs and payment costs shall be stated on the website and in any case shown in the ordering process.
  

Article 7 - Compliance with the agreement and additional guarantee

• The Entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement.
  
• If the delivered product, service or digital content does not comply with the agreement (defective or faulty delivery), the customer must notify the trader within 3 working days after he could reasonably have discovered this. If the Customer fails to do so, he can no longer claim any form of repair, replacement, compensation and/or refund in respect of this defect.
  
• If the Entrepreneur considers a complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer. In doing so, Entrepreneur may refer Customer to a manufacturer or supplier.
  
• If the Customer returns the products on the basis of the provisions of this article, the Customer may return the products.If a refund is made of amounts already paid in advance, the Company will refund these amounts within 30 days of receipt of the products.
  
• Manufacturers and/or suppliers may offer their own warranties. These guarantees are not offered by entrepreneur. However, if entrepreneur chooses to do so, he can mediate in the invocation of these guarantees by customer.
  

Article 8 - Delivery and implementation

• Once the order is received by the entrepreneur, the entrepreneur will send the products as soon as possible, taking into account the provisions in paragraph 3 of this article.
  
• Entrepreneur is entitled to engage third parties to carry out the obligations arising from the agreement.
  
• The delivery period is in principle 30 days, unless clearly indicated otherwise on the website or at the conclusion of the agreement. The choice of carrier is for the entrepreneur
  
• If the Company cannot deliver the products within the agreed period, it shall notify the Customer, stating the expected new delivery period. The Customer then has the right to dissolve the contract and also the right to compensation of its damages as a result of the late or non-delivery up to a maximum of one time the purchase price if the late or non-delivery is due to intent or gross negligence on the part of the Company. Immediately after notification of late or non-delivery, the Customer shall inform the Entrepreneur whether he still wishes to comply with the contract or to dissolve it.
  
• Unless explicitly agreed otherwise, the risk of the products to be delivered passes to the customer as soon as they are delivered to the specified delivery address. If customer decides to collect the products, the risk passes upon transfer of the products.
  
• If the Customer or the third party designated by the Customer is not present at the delivery address at the agreed delivery time to take delivery of the products, the Entrepreneur is entitled to take back the products. At additional cost, the Company will offer the products again to the Customer at a different time and/or day to be determined in consultation with the Customer. If delivery proves impossible, the payment obligation does not lapse and any additional costs, also for taking back the products, will be charged to the customer.
  
• If the product ordered is no longer available, Entrepreneur shall endeavour to offer a similar product of similar quality to Customer. Customer is then entitled to dissolve the agreement free of charge.
  

Article 9 - Duration transactions: duration, termination and extension

Termination:‍

• The customer may terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity), digital content or services, at any time, subject to agreed termination rules and a notice period of two months.
  
• The customer may terminate a fixed-term contract that extends to the regular delivery of products (including electricity), digital content or services at any time at the end of the fixed term in accordance with the applicable termination rules and a notice period of two months.
  
• The customer may terminate the agreements mentioned in the previous paragraphs in writing.
  

Renewal:

• An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity), digital content or services, is tacitly renewed for the same duration as agreed.
  
• Said notice periods shall apply accordingly for terminations by the Entrepreneur.
  

Article 10 - Payment

• Customer shall pay Entrepreneur according to the payment methods indicated in the ordering procedure and possibly on the website. Entrepreneur is free in the choice of offering payment methods and these may also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 14 days applies, starting on the day of subsequent delivery.
  
• If the customer fails to meet his payment obligation(s) on time, he shall be immediately in default by operation of law without notice of default being required. The Contractor has the right to increase the amount due with the statutory interest and the Contractor is entitled to charge and recover from the Customer the extrajudicial collection costs and any litigation costs it has incurred.
  

Article 11 - Retention of title

As long as Client has not made full payment for the entire agreed amount, all delivered goods remain the property of Entrepreneur.

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Article 12 - Compliance with agreement and additional guarantee

• Barring intent or gross negligence, the total liability of the Entrepreneur towards the Client for attributable shortcomings in the fulfilment of the Agreement shall be limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT). If the Agreement is a continuing performance contract, such liability shall be limited to compensation of the amount the Customer owes the Company in the three months prior to the harmful event.
  
• Liability of the Company to the Customer for indirect damage, including in any case -but explicitly not exclusively- consequential damage, loss of profit, missed savings, loss of data and damage due to business stagnation is excluded.
  
• The previous paragraphs do not apply to damage suffered by the Customer in the resale by the Customer of products bought from the Entrepreneur to consumers, as a result of the fact that the latter has exercised one or more of his legal rights vis-à-vis the Customer due to a shortcoming in those products.
  
• Insofar as fulfilment is not already permanently impossible, the Entrepreneur's liability towards the Customer for attributable failure in the performance of a contract only arises after the Customer has given the Entrepreneur immediate and proper notice of default in writing, stating a reasonable term in which to remedy the failure, and the Entrepreneur continues to fail to fulfil its obligations even after this period has expired. The notice of default must contain as detailed a description as possible of the default, so that the Company is able to respond adequately.
  
• A condition for the creation of any right to compensation is always that the customer reports the damage in writing to the entrepreneur as soon as possible, but no later than within 14 days after its occurrence.
  
• In the event of force majeure, the entrepreneur is not obliged to compensate any damage suffered by the customer as a result.
  

Article 13 - Complaints procedure

• The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  
• Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the customer has discovered the defects.
  
• Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.
  

Article 14 - Disputes

• Contracts between the entrepreneur and the customer to which these general terms and conditions relate are exclusively governed by Spanish law.
  
• Should any disputes arise as a result of the Agreement that cannot be settled amicably, they will be submitted to the competent court of the district where the entrepreneur is located. Entrepreneur and Customer may agree to settle their disputes by means of binding advice or arbitration.