GENERAL CONTRACTING CONDITIONS
https://gigamesh.com/ (hereinafter, the Website) is a website owned by Gigamesh Fantasia y Ciencia Ficcion, SL, hereinafter THE OWNER, with CIF/NIF nº: B64352420 and registered office at: Bailen 8 Local, C.P. 08010 – Barcelona (Barcelona).
Access, reproduction and use of the services of the Website requires prior acceptance of the Terms of Use in force at any given time; THE OWNER reserves the right to modify these Conditions when it deems appropriate, by publishing the new text on the Website. It is the user’s responsibility to know the Terms of Use before accessing the products and services of the Website; if you do not agree with them, please refrain from using it.
PROPERTY
The Website is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including the html codes of the website, etc.), whose Intellectual Property corresponds to THE OWNER, except in regard to those materials obtained under license from third parties.
THE OWNER and its licensors retain at all times the Intellectual Property on the Website and on the different elements that compose it, individually considered, in all the copies that are made (whatever the support to which they are incorporated), granting on them only the rights of use that are described later. Any right that is not expressly assigned is understood to be reserved.
In addition to the above, THE OWNER is responsible for the selection, design of the structure and arrangement of the contents of the Website, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting it, corresponding, therefore, the protection that article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.
THE OWNER is also the sole owner of the design and graphic image of the Website, reserving the pertinent legal actions that may correspond to it against the persons who make imitations or unfair uses of it.
WEB CONTENTS AND DOWNLOADS. PERMITTED AND PROHIBITED USES.
It is allowed:
- Browsing the Website, that is, accessing and viewing it on a device, being authorized any temporary or accessory reproduction, provided that it is not voluntary and forms an integral and essential part of the technological transmission process. Browsing certain sections of the Website requires prior registration.
- Benefit (after registration) from the services and advantages provided by THE OWNER through the Website to its users, under the conditions expressly indicated in the different sections.
It is strictly forbidden:
- Any operations regarding the Website, its contents, the downloaded products and the copies of all of them that are contrary to the Law, good customs and good faith.
- Any use outside the personal and private sphere, especially those that have commercial or professional purposes, including the sending of advertising or messages and the collection and processing of data from third parties.
- Any type of extraction, public communication and/or transmission, total or partial, by any means, outside the private scope of permitted use and, especially, its incorporation into any other work, including web pages, collections or databases. The publication in media of the materials that can be downloaded from the Press Room section is excepted from this prohibition.
- The removal, concealment or misrepresentation of the notices and warnings about the Intellectual or Industrial Property of the Website or any of the products provided through it.
- The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal functioning of the Website, other users or any third party.
LINKS TO THE WEBSITE
- The establishment of links and hyperlinks with the Website from other pages or websites is authorized, provided that they are not made in a way that damages the public image and brand of THE OWNER, the Website or any of the people and products referred to therein. In the establishment of links with the Website, the use of techniques that imply confusion about the identity and ownership of the contents, such as framing or others, is expressly prohibited.
- The establishment of links from pages or websites whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity is prohibited. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of the links, the use of elements extracted from the Website is expressly prohibited, without the prior and express consent of THE OWNER
In no case may it be understood that the links to the Website from pages or websites of third parties imply relations of THE OWNER with the owners of these, nor does it imply endorsement, sponsorship or any recommendation of THE OWNER on them, so THE OWNER will not be responsible at all regarding its content and legality.
CONTENTS AND USER BEHAVIOR
As a client or user of the Website, you agree to make appropriate use of the contents and services offered through it and not to use them for:
- Engaging in illicit, illegal or activities contrary to good faith and public order.
- Disseminating content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or that violates human rights.
- Causing damage to the physical and logical systems of THE OWNER, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages in the network.
- Disseminating content that violates the image and reputation of THE OWNER or third parties.
- Violating the rights of Intellectual Property, Industrial, image, honor or others that correspond to THE OWNER or third parties.
THE OWNER will have full freedom of decision on whether the collaborations and messages are finally published on the Website or not, being empowered to withdraw them when it deems appropriate.
The infringement of any of the rules contained in these Conditions of use and especially, of the provisions of this clause, will empower THE OWNER to unsubscribe you immediately as a user or subscriber of the Website.
PAYMENT METHODS
The forms of payment accepted in the online store are:
- Credit card
SHIPPING METHODS
The shipping methods available in the online store are:
- Express service
- Free shipping
- Collection point
DELIVERY TIMES
The delivery time for shipments made by your online store are: 1 to 3 calendar days after the preparation of the package.
RIGHT OF WITHDRAWAL
Based on the provisions of art. 103 of the General Law for the Defense of Consumers and Users, the right of withdrawal is excluded due to the following reason:
- Goods or products made according to the specifications of the consumer or personalized.
- Sealed products and not suitable to be returned for hygiene reasons, which can be unsealed after delivery.
WITHDRAWAL FORM
(You should only complete and send this form if you wish to withdraw from the contract or service contracted).
- To the attention of (here you must insert the name of the company, full address and, if you have them, the telephone number and email address):
- I hereby notify you/we notify you(*) that I withdraw from my/we withdraw from our(*) contract of sale of the following good/provision of the following service(*).
- Ordered on/requested on(*).
- Name and address of the consumer and user or of the consumers and users.
- Date and signature of the consumer and user or of the consumers and users.
EXCHANGE POLICY
To request a product exchange, the customer must contact customer service within up to 14 calendar days from receipt of the order. after receiving the order.
Under no circumstances will shipments be accepted with postage due.
In the event that the product to be exchanged has a higher price than the one previously purchased, the customer must pay the difference in value. If, on the other hand, the new product has a lower price than the one previously purchased, the difference in the amount will not be returned in cash, but will be made in the form of a gift voucher to use in your next purchase.
To manage any type of return or exchange of products purchased at https://gigamesh.com/ the customer must contact our Customer Service.
The customer must indicate the order number and we will tell you exactly all the steps to follow. We also inform you that we will not accept changes or returns that have not been previously communicated by the indicated channels.
CANCELLATIONS
The client or user may cancel their order, as long as it has not left our warehouses. In this case, you must contact the OWNER through the email contacto@gigamesh.com or the Customer Service channels, communicating your identification data and order reference number. In case of cancellations, the amounts previously paid by the user or client will be refunded, through the same means used for the initial transaction.
CUSTOMER SERVICE
The customer may cancel the order without any charge and without providing any reason, and must contact customer service as soon as possible at the telephone number: 932 46 63 59, or through the following email address: contacto@gigamesh.com, whose hours of attention to the public are: Monday to Saturday, from 10:30 to 20:00..
If the order has not left our warehouses, we will cancel it without problem, but if the order is already on its way, we will have to wait to receive it back and once the receipt of the same is confirmed, the amount of the product will be returned minus the shipping costs and the return will be carried out in the same form of payment used in the purchase.
DATA PROTECTION
The information or personal data that you provide us will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.
MODIFICATIONS
THE OWNER reserves the right to make, without prior notice, the modifications it deems appropriate on the Website, being able to change, delete or add both the contents and services provided through it, as well as the way in which these appear presented or located.
Although THE OWNER will make its best efforts to keep the information contained in the Website updated and free of errors, it does not offer any guarantee regarding its accuracy and updating. Neither is the obtaining of any specific result or purpose guaranteed, so the access and use of the Website is the sole responsibility of users and clients.
LEGAL ACTIONS
THE OWNER will pursue the breach of these Conditions of Use, as well as any improper use of the Website or its contents, the infringements of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all the actions, civil and criminal, that may correspond to it in Law.
EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Likewise, in the terms that are included in article 14 of Regulation EU 524/2013, on resolution of disputes in consumer matters, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm
APPLICABLE LAW AND JURISDICTION
For any controversy or conflict that may arise, derived from these terms or conditions, Spanish Law will be applicable. The resolution of judicial conflicts will be submitted to the competence of the Courts and Tribunals of the domicile of the user or client.
REV: 20.3009
