Terms and Conditions

GENERAL CONTRACT CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website https://www.brikum.com/en/ , property of MATERIALS GISBERT SL under the trademark of BRIKUM, hereinafter, PROVIDER, whose data contact information are also included in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by MATERIALS GISBERT SL. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. MATERIALS GISBERT SL will archive the electronic document where the purchase is formalized and will have it available to the USER in case the USER requests it.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document means that the USER:

  • You've read, you understand and you're agree with this text.
  • It is a person with sufficient capacity to hire.
  • Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is MATERIALS GISBERT SL, with registered office at Ctra. C-12, Km 20 - Jesús - Tortosa 43590 (TARRAGONA), NIF B43951920 and with customer service telephone number 977500306.

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for 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 born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

Data rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email [email protected] so that MATERIALS GISBERT SL corrects them as soon as possible.

The USER may keep their data updated by accessing their user account.

Hiring procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or possible access by an unauthorized third party. , so that it proceeds to immediate blocking.

Once the user account has been created, 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:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force Majeure.
  6. Competence.
  7. Generalities of the offer.
  8. Price and validity period of the offer.
  9. Transportation expenses.
  10. Payment method, expenses and discounts.
  11. Purchasing process.
  12. Dissociation and suspension or termination of the contract.
  13. Guarantees and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply 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. SHIPPING AND DELIVERY OF ORDERS

THE PROVIDER will not send any order until it has verified that payment has been made.

Shipments of merchandise will usually be made by EXPRESS COURIER (MRW EXPRESS, DHL, GLS, MRW, etc.), according to the destination freely designated by the USER.

Shipping will be made once the availability of the merchandise has been confirmed and payment for the order has been verified.

The delivery time will be between 2 and 5 business days, depending on the destination population and the chosen payment method. The expected shipping and delivery date will be provided prior to order confirmation.

Failure to execute the remote contract

If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to his or her right to be compensated for damages suffered in excess of said amount.

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

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand the rectification of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER will have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract. It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://www.brikum.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase and sale contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007 , and which are listed here .

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to [email protected] , indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of .....€ to the USER, previously informing it through the same communication channel used.

Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of MATERIALS GISBERT SL, Ctra. C-12, Km 20 - Jesús - Tortosa 43590 (TARRAGONA)

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postcard: MATERIALS GISBERT SL, Ctra. C-12, Km 20 - Jesús - Tortosa 43590 (TARRAGONA)

Telephone: 977500306

Email: [email protected]

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties 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 will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

6. COMPETITION

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

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of MATERIALS GISBERT SL or what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.

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

Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.

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

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 977500306 or via email to the address [email protected] .

9. TRANSPORTATION EXPENSES

Shipping costs will be calculated at the time of saving the basket or quote. It is reported that all baskets under €15 will have an added transport cost of €3.95 VAT included.

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:

  • Credit card (Visa, American Express, Mastercard, Sequra)
  • PayPal

The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.

Split your payment with SeQura

Split your payment into 4, 6, 12 or 18 monthly installments. Immediate, without paperwork and with only a fixed cost per installment.

How does it work?

  • Choose Split your payment with SeQura when placing your order and pay only the first installment.
  • Receive your order.
  • All other payments will be automatically charged to your card.

You can also pay in full for your order whenever you want without additional costs.

How much does this service cost?

The cost of the service is from €3 to €27 per installment, depending on the amount of the order. There is no interest nor is there any other additional payment.

I HAVE MORE QUESTIONS

Receive first, pay later

How does it work?

  • Choose this option when placing your order, you do not need a card.
  • Receive it and check your purchase.
  • You have up to 7 days after shipping to pay.

Without aditional costs.

I HAVE MORE QUESTIONS

Split your payment with SeQura

Split your payment into 3, 6 or 12 monthly installments. Immediate, without paperwork and with only a fixed cost per installment.

How does it work?

  • Choose Split your payment with SeQura when placing your order and pay only the first installment.
  • Receive your order.
  • All other payments will be automatically charged to your card.

You can also pay in full for your order whenever you want without additional costs.

How much does this service cost?

The cost of the service is from €3 to €27 per installment, depending on the amount of the order. There is no interest nor is there any other additional payment.

I HAVE MORE QUESTIONS

Receive first, pay later

How does it work?

  • Choose this option when placing your order, you do not need a card.
  • Receive it and check your purchase.
  • You have up to 7 days after shipping to pay.

Without aditional costs.

I HAVE MORE QUESTIONS

Divide your payment into 3

Divide the payment of your order into 3 equal payments, without interest , only with a study cost of 2.95% of the order that you pay at the time of purchase. The rest of the payments have no associated cost. One payment a month. Without further ado. Instantly and without paperwork.

For example, if you choose to pay for an order of €100 in 3 months, you would pay €33.33 at the time of purchase (+opening cost €2.95) and another €33.33 the following two months. The monthly charge is automatic on your card. Always the same day of the month that you made the purchase. If that day is not the best for you, you can change it at no extra cost.

This is how easy and quick it is to divide your payment into 3 with SeQura:

  • Select Divide in 3 from SeQura as the payment method at checkout.
  • Enter your information (ID and mobile phone) and pay the first payment (1/3 of the order + opening cost).
  • Enjoy your purchase! The rest of the payments will be made automatically each month.

If you have questions, resolve them HERE

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.

From the basket you can place an order by following the following steps for its correct formalization:

1. - Checking billing information.

2. - Checking the shipping address.

3. - Selection of the payment method.

4. - Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.

Orders (purchase requests)

Prior to order confirmation, information regarding the status of the order and the approximate shipping and/or delivery date will be provided.

12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practices or policies that are applicable to it.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.

13. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of the Royal Decree

Legislative 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, which can be accessed by clicking here .

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services subject to these

Conditions will be submitted to the courts and tribunals of the USER's domicile, to the place where the obligation is fulfilled or to the place where the property is located if it is real estate.