GENERAL TERMS AND CONDITIONS

This contractual document shall govern the contracting of products and services through the website www.brikum.com, property of MATERIALS GISBERT SL, hereinafter the SUPPLIER.

Acceptance of this document implies that the USER:- Has read, understood and comprehended what is established herein.- Is a person with sufficient capacity to contract.- Assumes all the obligations established herein.

These conditions shall be valid indefinitely and shall apply to all contracts made through the PROVIDER's website.

The PROVIDER reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that have been acquired prior to the modification.

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is MATERIALS GISBERT SL, with registered office at Ctra. C-12, Km 20 - JESÚS -TORTOSA 43590 (Tarragona), NIF B43951920 and customer service telephone number /USER 977500306.

And, on the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the latter accepts the corresponding box during the online contracting process. The contractual sales relationship involves the delivery of a specific product or service in exchange for a specific price, which is publicly displayed on the website.

Contracting process

To access the services or products offered by the PROVIDER, the USER can register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of current legislation on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law (ES) 15/1999 of 13 December (LOPD) on the protection of personal data and which is detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a user name and a password, committing to make a diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft, or possible access by unauthorised third parties, so that the PROVIDER can block them immediately. If the USER is not registered as a USER, the purchase may still be formalised without accessing the administrative services that the PROVIDER provides to registered USERS.

Once registered in the system, you are informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

General contractual clauses.
Sending requests.
Right of withdrawal.
Claims.
Force majeure.
Jurisdiction.
General points of the offer.
Price and period of validity of the offer.
Transport costs.
Method of payment, costs and discounts.
Purchasing process.
Applicable guarantees.
Warranties and returns.
Applicable legislation and jurisdiction.

1. GENERAL CONTRACTUAL CLAUSES

Unless otherwise stated in writing, the placing of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. DISPATCH OF ORDERS

The PROVIDER shall not dispatch any order until it has verified that payment has been made.

Shipments of goods will normally be made by EXPRESS MESSENGER (EXPRESS POSTAL, SEUR, UPS, STD, etc.), in accordance with the destination freely designated by the USER.

Delivery dates or deadlines are to be understood as approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

The delivery time is usually between 2 and 5 working days, depending on the city of destination and the chosen method of payment. This period is understood to be once the availability of the goods has been confirmed and full payment of the order has been verified.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.

Delivery shall be deemed to have taken place when the carrier has placed the products at the USER's disposal and the USER, or his/her representative, has signed the delivery receipt document. It is the responsibility of the USER to check the products upon receipt and to declare any reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, and that these are downloaded directly from the website, the PROVIDER will previously inform the USER of the procedure to follow to carry out said download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws of the product or service, both online and offline.

The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs shall be borne by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal does not apply in the following cases:

If the product is not presented in perfect condition.
If the packaging of the product is not the original packaging or if it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
When the product is opened without being able to prove that it has not been used.
In software applications that are downloaded directly from the portal.
In the case of personalised products or products which, for reasons of hygiene or other legally stipulated exceptions, are not subject to this right. All returns must be communicated to the SUPPLIER by requesting an acknowledgement of receipt number (RMA) by e-mail to [email protected], indicating the invoice or order number. Once the USER has received the RMA number, he/she must send the product to the SUPPLIER, indicating said number on the delivery letter, with transport costs at his/her expense, to the address of MATERIALS GISBERT SL, Ctra. C-12, Km 20 - JESÚS- TORTOSA 43590 (Tarragona).

4. COMPLAINTS

Any complaint that the USER considers appropriate will be dealt with as quickly as possible, and can be sent to the following contact addresses:Postal: MATERIALS GISBERT SL, Ctra. C-12, Km 20 - JESÚS - TORTOSA 43590 (Tarragona) Telephone: 977500306 Mail: [email protected] Online dispute resolution.

In accordance with art. 14.1 of Regulation (EU) 524/2013, the European Commission provides users with a free access platform for online dispute resolution between the USER and the SUPPLIER, without the need to go to court, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for non-compliance due to force majeure. Performance of the obligation shall be postponed until the force majeure has ceased.

6. COMPETENCE

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

If any of the stipulations of these conditions are considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.

7. GENERAL CONDITIONS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.

No modification, amendment or agreement contrary to MATERIAIS GISBERT SL's Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing and signed by the SUPPLIER, in which case these particular agreements shall prevail.

Given the continuous technical advances and improvements in products, the SUPPLIER reserves the right to modify its specifications in relation to the information provided in its advertising, provided that this does not affect the value of the products offered. These modifications also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT), handling and/or preparation costs. These costs, unless expressly stated otherwise, include the costs of handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

Shipping prices will be calculated at the time of processing the order according to the product and delivery address.

The prices applicable to each product are those published on the website. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can consult online all the details of the quotation: articles, quantities, price, availability, transport costs, taxes, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether the products are available or not.

Any payment made to the PROVIDER will give rise to the issue of an invoice in the name of the registered USER or in the name of the company provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the e-mail address provided by the USER.

For any information about the order, the USER can contact the SUPPLIER's customer service telephone number 977500306 or by e-mail at [email protected].

9. TRANSPORT COSTS

Prices do not include shipping, installation or ancillary services.

The shipping costs will be calculated at the time of saving the basket or the quotation, as they are calculated according to the weight of the products and the delivery address.

10. METHODS OF PAYMENT, COSTS AND DISCOUNTS

The SUPPLIER offers 7 methods of payment for an order:

Bank transfer
Credit card
Pypal
Bizum
Cash on Delivery
Receive first, pay later

How does it work?

Choose this option when placing your order, no credit card is required.
Receive it and check your purchase.
You have up to 7 days after delivery to pay.
No additional cost.

11. PURCHASING PROCESS

I) Basket (budget simulation)

You can add any product from our catalogue to your basket. In the basket, only the articles, the quantity, the price and the total amount (VAT included) will be indicated. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and delivery data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a quotation without any commitment on both sides. From the shopping basket you can make a quotation following the 3 steps necessary for its correct formalisation:

Verification of the invoicing data.
Checking the delivery address.
Select the payment method.

Once the quotation has been processed, the system immediately sends an e-mail to the management department of the SUPPLIER.

II) Order (purchase order)

From the Orders section, you can consult the saved estimates and process the order by clicking on the PURCHASE button. Once the purchase of an estimate has been processed, it will be considered a firm order that has been placed and is about to be sent.

Within a maximum of 24 hours, on working days, an e-mail will be sent confirming the status of the order and the date of dispatch.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise stated in their description. They all have a guarantee period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. GUARANTIEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003 of 10 July 2003 on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract

1. Unless proven otherwise, it is understood that the products conform to the contract provided that they meet all the requirements below, unless, due to the circumstances of the case, any of them are not applicable:

They conform to the description provided by MATERIALS GISBERT SL.
Are suitable for the uses for which products of the same type are normally intended.
They are suitable for any special use required by the customer when MATERIALS GISBERT SL has been informed at the time of entering into the contract, provided that the customer has accepted that the product is suitable for that use.
They exhibit the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by MATERIALS GISBERT SL.
MATERIALS GISBERT SL describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so as not to be bound by these public statements.

2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by MATERIALS GISBERT SL or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.

3. No liability will be accepted for any lack of conformity of which the USER was aware or could not have been unaware at the time of the conclusion of the contract or which originates from materials supplied by the USER.

II) Liability of the supplies

MATERIALS GISBERT SL shall be liable to the USER for any lack of conformity at the time of delivery of the product. MATERIALSGISGISBERT SL acknowledges to the USER the right to repair the product, to replace it, to a price reduction and to terminate the contract.

III) Product repair and replacement

1. If the product does not comply with the contract, the USER may choose between demanding repair or replacement, unless one of these options proves impossible or disproportionate. From the moment in which the USER informs MATERIALS GISBERT SL of the option chosen, both parties must respect it. This decision by the USER is understood without prejudice to the provisions of Article IV below for cases in which repair or replacement does not bring the product into conformity with the contract.

2. SAny form of repair that imposes costs on MATERIAIS GISBERT SL that, in comparison with the alternative form of repair, are unreasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and whether the alternative form of repair could be carried out without major inconvenience to the USER, shall be considered disproportionate.

IV) Rules for rapair or replacement of the product

Repair and replacement shall be carried out in accordance with the following rules:

a)They shall be free of charge for the USER.

This exemption includes the costs necessary to remedy the non-compliance of the products with the contract, especially transport costs, as well as costs related to labour and materials.

b) They must be carried out within a reasonable period of time and without great inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.

c) The repair suspends the calculation of the periods referred to in Article VII. The suspension period begins when the USER makes the product available to MATERIALS GISBERT SL and ends with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, MATERIALS GISBERT SL shall be liable for the lack of conformity that led to the repair. It is presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) The replacement suspends the deadlines referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII applies to the replacement product.

e) If, once the repair is complete and the product is delivered, it still does not conform to the contract, the USER may demand its replacement, within the limits set out in section 2 of Article IV, or a price reduction or termination of the contract under the terms of Article V.

f) If the replacement does not bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits established in paragraph 2 of article IV, or the reduction of the price or the termination of the contract under the terms of articles V and VI.

g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

V) Price reduction and termination of the contract

The price reduction and termination of the contract shall take place, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not taken place within a reasonable period of time or without great inconvenience to the USER. Termination shall not apply when the lack of conformity is minor.

VI) Price reduction criteria

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it were in conformity with the contract and the value that the product actually delivered had at the time of delivery.

VII) Deadlines

1. MATERIAIS GISBERT SL shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand products, MATERIALS GISBERT SL and the USER may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery shall be presumed to have existed at the time of delivery of the product, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2. In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day indicated on the invoice or on the purchase label, or on the corresponding delivery note if later.

3. The statute of limitations for the enforcement of the provisions of the preceding articles shall expire three years after the delivery of the product.

4. The USER must inform MATERIALS GISBERT SL of the lack of conformity within two months of becoming aware of it. Unless there is proof to the contrary, it shall be understood that the USER's notification was made within the established period.

VIII) Action against the producer

When it is impossible or too burdensome for the USER to contact MATERIALS GISBERT SL due to the non-conformity of the products with the purchase contract, the USER may claim directly against the producer to obtain the replacement or repair of the product.

In general, and without prejudice to the extinction of the producer's responsibility, under the same terms and conditions as those established for MATERIALS GISBERT SL, the producer will be responsible for the lack of conformity when this refers to the origin, identity or suitability of the products according to their nature and purpose and the rules that regulate them.

A producer is understood to be the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents themselves as such, indicating their name, brand or other distinctive sign on the product.

Whoever is liable to the USER shall have a period of one year to take recourse against the person responsible for the lack of conformity. This period shall start to run from the moment the repair is completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The SUPPLIER and the USER agree to submit any dispute that may arise from the supply of the products or services covered by these Conditions to the Courts and Tribunals of the USER'S domicile.

In the event that the USER is domiciled outside Spain, the SUPPLIER and the USER expressly waive their right to any other forum, submitting themselves to the Courts and Tribunals closest to the city of Tortosa (Spain).