Girbau SA, domiciled in Vic, at Carretera de Manlleu, km. 1 (Spain), Tel. 938861100, girbau@girbau.com, entered in the Companies register (volume 32066, folio 162, page B32798, entry 57, bundle a-n with number 65) and tax number A-08276438. The details shown in this section meet the obligation established by article 10 of the information society services and e-commerce act, Law 34/2002 of 11th July 2002. Below are shown the terms and conditions for using the website, which users must abide by at all times.
This site is provided by Girbau SA. Use of this site is subject to these conditions. You are recommended to read them carefully, making sure you understand them fully, as use of this site implies agreement thereto. If you do not agree with the conditions set forth below, please to not continue to use this website.
The conditions of use govern the use of the website placed at users' disposal by Girbau SA.
The processing of personal data and the cookie policy together represent the terms and conditions governing access to and use of the public part of the website.
Access to and use of the website by the user implies that the latter agrees to them in their entirety and undertakes to abide by the website terms and conditions in full. The user must therefore read these conditions of use carefully, as well as the other terms and conditions for the website every time they propose to use the website, as they may be subject to alteration of which the user would be informed each time they access the site. Girbau SA reserves the right to update, alter or delete these terms and conditions for the website.
The user is hereby informed and agrees that until all the requirements that may be established in each case by Girbau SA are met, sending an order or request to contract any of the products or services included on the website does not represent the beginning of commercial relations with Girbau SA.
The user undertakes to make proper use of the website, taking proper use to mean in accordance with current legislation, good faith and public order. Furthermore, the user undertakes not to use the website for fraudulent purposes, and not to engage in any conduct that might harm the image, interests and rights of Girbau SA or any third parties. The user further undertakes not to take any actions to damage, disable or overload the website, or that might impede in any way the normal use and functioning thereof.
The user is informed that should they infringe the content or obligations arising from the website terms and conditions in any way, or any individual conditions contained on the website, Girbau SA reserves the right to restrict, suspend or cancel their access to the website, taking any technical measures that might be necessary for this purpose. Furthermore, Girbau SA reserves the option of taking such measures in the event that it has reasonable grounds to suspect the user of infringing any of the website terms and conditions or any individual terms or conditions contained on the website.
Girbau SA reserves the right to update, alter or delete the information contained on the website, including the content and/or services featured therein, and may restrict or not allow access to this information at any time and without prior notice. In particular, Girbau SA reserves the right to delete, restrict or impede access to the website when technical difficulties arise due to facts or circumstances beyond its control and which, in its opinion, reduce or cancel out the levels of security or standards adopted for the proper functioning of the website. To this end, Girbau SA reserves the right to decide at any time as to the continuity of the information society services it provides through the website.
The user must be aware that communications over open networks are exposed to a range of threats, meaning that they are not totally secure. The user is therefore responsible for taking suitable technical measures to reasonably control these threats and must necessarily have updated systems for detecting malicious software such as viruses, Trojans and the like, as well as keeping the security patches for their respective browsers up to date. The user is therefore recommended to approach their internet service provider to supply them with suitable solutions to their needs, as well as reviewing these solutions on a regular basis. To the maximum extent permitted by applicable legislation, Girbau SA declines all responsibility for any harm caused to the use as a consequence of the risks inherent to the medium used, and to those resulting from vulnerabilities in their own systems and tools. Nor does Girbau SA guarantee the total security of its systems, and while it has taken appropriate security measures, it cannot totally rule out the existence of vulnerabilities, and consequently the user must be aware and diligent in their interaction with the website.
The website is solely for personal, not commercial use. Under no circumstances may the user reveal any commercial information or engage in any business activity on the website in any way and under any conditions.
Girbau SA accepts no liability that might arise from:
Girbau SA further informs the user that the function of the links that appear on this site to other websites not owned by Girbau SA is solely to offer them access to information, utilities and services, and in no way represents any suggestion, invitation or recommendation in this respect. Therefore, under no circumstances does Girbau SA guarantee the information, services or products that might be shown on these websites, meaning it will not be liable for any damages that might arise from contracting products and services, using or simply accessing the said information or for compliance with current legislation by these third parties, in particular concerning data protection and electronic commerce.
Girbau SA is not obliged to monitor the use made by third parties of its website, and consequently is not liable for any improper use that such third parties might make thereof, meaning the latter will be entirely liable for any infringement of these conditions. In particular, Girbau SA accepts no liability for the content or statements that might be posted in any forum or debate linked to this website, and prohibits any transmission of data that might be made by users in breach of third-party property rights or whose content might be illegal, defamatory or immoral, reserving the right to block or prohibit access by any user who places content on the website that infringes legal or moral standards, and reserving the right to take whatever legal measures it sees fit to prevent behaviour of this kind.
Girbau SA provides a secure environment for both transactions and queries through its website and for all the forms containing personal data.
All this information is sent using data encryption using the coding protocol required for this purpose to guarantee the confidentiality of message by stopping third parties from seeing or intercepting the information exchanged.
Girbau SA holds the intellectual property rights to the "Content" of the website, taking this to include, though it is not limited to, the texts, documents, images, videos, sound recordings, graphic design and user interface on the website, code on the website (including the layout of the content therein), rights to the underlying databases, underlying computer programs (including objects and source code) and, in short, all the elements that make up the website, for which reason reproduction, distribution, public revelation and transformation thereof are prohibited without express authorisation by Girbau SA, with all liabilities that might arise as a consequence of any infringement of intellectual property laws. Furthermore, all trade names, brands or distinctive signs of whatever kind contained on the website are protected by law and duly registered in the holder's name, with all liabilities that might arise as a consequence of any infringement of industrial property laws.
Use of the website by the user does not imply the grant of any intellectual and/or industrial property rights with respect to the website, the contents and/or distinctive signs of Girbau SA. To this end, except in cases where it is legally permitted or there is prior authorisation by Girbau SA, all reproduction, transformation, distribution, public revelation, supply, extraction and/or reuse of the website, its Contents and the distinctive signs of Girbau SA or any other third parties included in the website by users are explicitly prohibited. Girbau SA reserves the option of taking pertinent legal steps against users who breach or infringe intellectual and/or industrial property rights.
Without the prior consent of Girbau SA users may not refer to themselves as authorised representatives of Girbau SA in promotions or advertisements, use its logos, trademarks, service marks or any variant thereof, or run any public advertisements referring to Girbau SA or to this contract.
Girbau SA reserves the right to use and reproduce freely the images and videos of its products that users post on social networks and the internet.
Links may not be made leading to the website without the prior authorisation of Girbau SA. Any authorisation for this purpose granted by Girbau SA to make the link, which must be formalised explicitly and in writing, must include detailed conditions for the said link regarding frames, windows, displays and control of content to be linked.
The website may host links to third-party sites. By clicking on these links, the user recognises that Girbau SA cannot guarantee their content, and therefore agrees to access them at their own risk. In these cases, Girbau SA would act as a provider of intermediary services, on the terms of article 17 of the information society services and e-commerce act, Law 34/2002 of 11th July 2002. In accordance with the provisions of the said legislation, Girbau SA will not be liable for the services and content provided through the linked sites.
The existence of linked sites does not represent any recommendation, promotion, identification or agreement by Girbau SA with the statements, content or services provided through the linked sites. Therefore, Girbau SA takes no responsibility for the content of the linked sites, or their conditions of use and privacy policies, the user being solely responsible for checking them and agreeing whenever they access and sue the said sites.
Should the user become aware that any information or content on the website or provided through it is illicit, infringes third-party rights or is contrary to the stipulations of these conditions of use or in any other way contrary to morals, practices and good behaviour, they may contact Girbau SA, specifying the following:
Reception by Girbau SA of the above-mentioned report does not constitute effective knowledge of the activities and/or content specified by the informant where this is not clear and obvious. In any case, Girbau SA reserves the right to suspend or withdraw content that, while not illicit, proves to be contrary to the rules set forth in these conditions of use, assessing the legal interests at stake.
Should one or more of the provisions of these conditions be declared null by virtue of the application of a law, regulation or any other administrative provision, or following a final court or administrative ruling, the remaining provisions will retain their validity and scope.
Even if one of the parties has not demanded the application of any clause in these conditions either permanently or temporarily, under no circumstances may this be considered as a waiver of the said clause.
11.- Applicable legislation and jurisdiction
For any question that might arise concerning the conditions contained in this legal notice, or from any contracting and provision of the services offered by Girbau SA, the parties waive any other forum that might pertain to them and submit explicitly and exclusively to the decisions of the courts and tribunals of Vic and their hierarchical superiors.
These general conditions are applicable to purchases of products and/or services made through this website between the company Girbau SA and anybody who carries out such a transaction through the website https://parts.girbau.com/
These conditions were drawn up in accordance with the stipulations of the information society services and e-commerce act, Law 34/2002 of 11th July 2002 and the general contract conditions act, Law 7/1988, and all applicable regional or national legal provisions.
The contractual document governing the purchase of products and/or services through the website https://parts.girbau.com/, the property of the firm Girbau SA, is set forth below.
Agreement to this document implies that the purchaser declares the following:
a. They have sufficient legal capacity to contract.
b. They have read and understood the contractual conditions set forth herein.
c. They agree to the obligations set forth herein.
Girbau SA reserves the right to unilaterally alter these conditions, without affecting purchases of goods and/or services effected prior to the alteration. That is to say, in the event of alteration of the conditions by Girbau SA, the conditions that apply to each user will always be the ones they accepted at the time of making their purchase.
Before entering into the contract and in any case during the purchase process, the user may access, file and print out these conditions for consultation. These conditions will be available in Catalan, Spanish, English and French.
Should any of the clauses or conditions in this contract be declared illegal or null, the rest of the clauses of the contract will remain in force.
Girbau SA, domiciled in Vic, at Carretera de Manlleu, km. 1 (Spain), entered in the Companies register (volume 32066, folio 162, page B32798, entry 57, bundle a-n with number 65) and tax number A-08276438). For further information see Section on details of Girbau SA
And the user, registered on the website, who is responsible for the accuracy of all the data and declarations supplied. The user declares that they are over eighteen years old and have sufficient legal capacity to make a purchase in the website https://parts.girbau.com/
The purpose of this contractual agreement is to govern the contractual conditions of sale between the supplier (Girbau SA) and the user at such time as the latter agrees, during the online purchase process, by marking the pertinent box.
Purchase of the products and services offered on the website https://parts.girbau.com/ involves delivery by Girbau SA, and the user undertakes to pay the price of the product and/or service as publicly displayed on the said website, and to make use thereof in accordance with the law and with these conditions.
Each of the products and/or services may be subject to specific regulation through the individual contractual conditions for each of them.
If the user purchases the product and/or service through a third party, the latter will be responsible for passing on to the user a copy of these general conditions. Under no circumstances will Girbau SA be liable for the consequences for the user of the third party through whom they make the purchase not agreeing to the obligations set forth in this paragraph.
4.1 Registration and identification
To begin the purchase process, the user must necessarily identify themselves and must be entered in the Girbau database.
To make the purchase the user's personal data are required. These will be added to the Girbau database in order to process the order and, if necessary, enable them to make further purchases through the website. The personal data supplied by clients will be handled in accordance with the stipulations of the Privacy and Data Protection Policy. The user can access the personal data they supplied and the information on the orders placed at any time. Girbau reminds clients that their personal data must be specified accurately to avoid confusion or incidents with the delivery of the items purchased.
4.2 Finding a product
The articles the client wishes to purchase must be selected and added to the shopping basket by clicking on the appropriate icon.
The shopping basket will contain the reference number of the item selected, its name and price (taxes not included), in the selected currency: €, £, $, AUD. This price given does not include delivery, the cost of which will vary depending on the delivery method chosen.
4.3 Summary
Before placing the order, the client will be shown a summary of it, identifying the products added to their shopping basket and their total price (delivery and taxes not included), so that the user can confirm it by clicking on the "Confirm order" button.
If before confirming the order the user spots an error in their order, they can change any details in it by clicking on the "Edit" or "Delete" buttons.
Once is confirmed, proceed to the checkout menu, which is chosen the shipping address, shipping method and payment. To finalize the checkout it is necessary to validate the checkout “I accept the conditions of use and electronic contracting” and confirm by clicking on the button with the expression “Confirm order”.
If they spot an error in their order once the validation process is complete, you must get in touch with your customer care agent, specifying the order number.
4.4 Delivery method and costs
The items purchased on the Girbau website will be delivered through the delivery company chosen by the user in the shipping method selection section during the checkout process.
The delivery method will depend on availability of the items. In case of not having availability, each item has its respective delivery time detailed to the product sheet, so the order will respect the most critical delivery time:
Shipping costs are calculated depending on the delivery method chosen and once the order has been confirmed.
4.5 Payment process
4.5.1 General provisions
4.5.2 Payment by transfer
Orders will be paid according to the conditions agreed with the Girbau SA sales department.
4.6 Tracking and confirmation of the purchase
Once the order has been placed, the order number will be given via the website itself so that the user can track it at any time on their device. You can also check the history of the orders in the section “Order history and details” within the user’s account.
The user's order represents an offer to Girbau to purchase the product(s). All orders are subject to acceptance by Girbau SA. Girbau SA is not obliged to accept the order and may, at its discretion, refuse to accept it. By clicking on the "confirm order" button the user recognises that they undertake to pay for the product/s when Girbau SA accepts the order. In this respect, when Girbau SA accepts the order they will notify the user by email, confirming that the order has been despatched or, if appropriate, that it is ready for collection (the "Confirmation"). The contract between the user and Girbau SA in relation to the product/s requested will be considered made when Girbau sends its Confirmation to the user. The contract will concern only the product/s listed in the Confirmation. Girbau SA will not be obliged to supply any product/s that have not been confirmed.
4.7 Invoicing
Once the order is finalized and ready for shipment or, where appropriate, available for collection, an automatic email will be sent to the address indicated by the User with the billing information.
The User will receive the invoice through an email message.
Ownership of the product will not pass to the user until they have settled payment in full. In the period between delivery and payment in full ("the title retention period"), the user will have the product on loan from Girbau SA.
Until payment in full for the product, the user may not establish any kind of charge or encumbrance on it, or pledge or offer it as security for an obligation.
Partial payments made by the user for goods subject to retention of title will not be any obstacle to any claim made by Girbau SA on the basis of the retention of title.
The user will be liable for all damage, deterioration, breakage or malfunctioning of the product during the title retention period, for whatever reason, including in normal everyday use. Furthermore, during this period they will be responsible for any damage, harm or accidents of whatever kind that might be suffered by the product, or which might be caused to third parties or their property by their staff or their machinery as a consequence of using the product. To this end, the user undertakes to take out the pertinent insurance in order to cover any damage to the product and the above-mentioned liabilities.
In the event of any loss affecting the product during the title retention period, the user will inform Girbau SA immediately and take necessary measures to solve the problem and meet any claims.
The products subject to the retention of title will be stored, kept and used in such a way as to guarantee the quality as well as the identification of the products as the property of Girbau SA. Furthermore, in the event of any attempt by any third party to embargo or retain the product during the title retention period, whether an individual, a legal entity or the authorities, the user must inform Girbau SA immediately, and also inform this third party that the product cannot be the object of embargo or retention as it is the property of Girbau SA. The user is therefore empowered to show this contract to accredit this situation.
In the event that the laws of the user's country, or the destination country or that in which the product supplied is located, do not allow retention of title, Girbau SA may ask the user to provide equivalent surety.
The products offered are distributed throughout the world.
The user can purchase them from whichever country they prefer and have the order sent to the address they specify. When the country changes, the delivery method, delivery points and other conditions of sale will be updated.
Should the sale of all the products selected by the user be confirmed, Girbau SA will contact the user by email to confirm the purchase with the order number.
Should confirmation of the sale be partial due to lack of availability of some products chosen by the user, Girbau SA will contact the client to inform them of the products finally affected, and consequently refund without delay the cost of the products that are unavailable. The refund of the amount paid by the user will always be by the same means of payment as was used for the purchase.
Should it be impossible to fulfil the contract of sale due to lack of availability of all the products chosen by the user, Girbau SA will return the amounts paid by the user for them without undue delay.
Girbau SA may cancel any confirmed order or not accept one for the following reasons:
In these cases Girbau will refund the amounts that had been paid.
The user will be entitled to withdraw, or return the product, within 30 days of purchase thereof, providing it has not been used.
In order to return the item, the user must contact the Girbau SA Client Care Service.
The refund of the amount paid by the user will always be by the same means of payment as was used for the purchase.
The user must bear the direct costs associated with returning the order.
From one month after the date of sale onwards, returns will no longer be possible.
The following returns are not accepted:
The client can contact the Client Care Service of their distributor or subsidiary to ask for assistance, make suggestions or lodge complaints.
Should one or more of the provisions of these conditions be declared null by virtue of the application of a law, regulation or any other administrative provision, or following a final court or administrative ruling, the remaining provisions will retain their validity and scope.
Even if one of the parties has not demanded the application of any clause in these conditions either permanently or temporarily, under no circumstances may this be considered as a waiver of the said clause.
In accordance with the stipulations of article 3 of the information society services and e-commerce act, Law 34/2002 of 11th July 2002, the laws applicable to the information society services provided by Girbau SA through the website will be those of Spain.
For any question that might arise concerning the terms contained in these conditions, or from any contracting and provision of the services offered by Girbau SA, the parties submit explicitly and exclusively to the decisions of the courts and tribunals of Vic and their hierarchical superiors, waiving any other forum or domicile that might pertain to them.
