In the cases in which the User acquires products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Gojet Mallorca Website or in the event that the goods that make up your order is delivered separately, within 14 calendar days of the day that the User or a third party authorized by the latter, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of In the case of a service contract, 14 calendar days from the day the contract was entered into.
To exercise this right of withdrawal, the User must notify Gojet Mallorca of his decision. He may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Gojet Mallorca makes available as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Gojet Mallorca will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without no undue delay and, in
In any case, no later than 14 calendar days from the date on which Gojet Mallorca is informed of the User's decision to withdraw.
Gojet Mallorca will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Gojet Mallorca could withhold said reimbursement until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Gojet Mallorca at:
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date Gojet Mallorca was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in value of the products resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Gojet Mallorca, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
You can download the model withdrawal form at the following link:
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact Gojet Mallorca. immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same is appropriate. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, Gojet Mallorca responding, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Gojet Mallorca and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured,
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
Unless otherwise provided by law, Gojet Mallorca will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any breach by you;
business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Similarly, Gojet Mallorca also limits its liability in the following cases:
Gojet Mallorca applies all the measures related to providing a faithful visualization of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind.
Gojet Mallorca will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Gojet Mallorca puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, acts of God or force majeure.
Gojet Mallorca will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Gojet Mallorca will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, Gojet Mallorca will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Gojet Mallorca will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Gojet Mallorca will use all reasonable means to find a solution that allows you to meet your obligations despite the force majeure event.
By using this Website, the User accepts that most of the communications with Gojet Mallorca are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Gojet Mallorca sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Gojet Mallorca through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Site.
Web.
Likewise, unless otherwise stipulated, Gojet Mallorca may contact and/or notify the User via email or at the postal address provided.
No waiver by Gojet Mallorca of a specific legal right or action or the lack of a requirement by Gojet Mallorca for strict compliance by the User with any of its obligations will mean, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No waiver by Gojet Mallorca to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Gojet Mallorca in relation to the object of sale and replace any other prior agreement, agreement or promise agreed verbally or in writing by the same parts.
The User and Gojet Mallorca acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
The information or data of a personal nature that the User provides to Gojet Mallorca in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Gojet Mallorca and the User, will be submitted to the non-exclusive jurisdiction of the courts and tribunals
Spanish people.
The User can send Gojet Mallorca their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Gojet Mallorca has official claim forms available to consumers and users, which they can request from Gojet Mallorca at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Gojet Mallorca and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
This General Purchase Conditions document has been created using the online general purchase conditions template generator on 06/13/2022.