Welcome to www.guillermo-garcia.com
website (hereinafter the "Website
") CAREFULLY BEFORE USING THE WEBSITE.
The Website and its contents are designed, operated and administered by Guillermo Garcia or Guillermo Garcia La Maison Ltd., an Irish corporation, VAT no. IE3685999PH, registration of incorporation Number 669192, share capital Euro 100,000,00 fully paid-in (hereinafter "Guillermo Garcia
”).2 User Age
The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.3 Registration and Subscription to the Services
4 Duration and Termination
- You may register for, or subscribe to, our Services as available from time to time on the Website.
- When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
- If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
5 Electronic Services
- Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
- You may terminate your registration for, or subscription to, the Website at any time at your sole discretion, also without a reason, by sending an e-mail to email@example.com or calling the number +353 838474930. We will confirm to you the cancellation of your registration or subscription.
6 Intellectual property rights
- Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
- You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
7 Submitted material
- The terms "Website" and "material" refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this Website ("Material").
- All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Guillermo Garcia. All rights are reserved, worldwide.
- All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Guillermo Garcia worldwide. All domain names used on the Website and / or connected to it are owned – or used with permission - by Guillermo Garcia, which manages them on a worldwide basis.
- This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
- It is not permitted to reproduce (except where the reproduction is made for personal non- commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose. If the downloading or the copying should be permitted by Guillermo Garcia in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
8 Links to other sites
- You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Guillermo Garcia through this Website or by other means (the "Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to Guillermo Garcia a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
- Guillermo Garcia is not required or will not be required in the future to: keep any Submitted Material confidential; pay compensation for any use of the Submitted Material or in connection to it; respond to the submission of Submitted Material and / or confirm the relevant receipt.
- You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
- By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Guillermo Garcia to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
9 Authenticity of products branded "Guillermo Garcia"
- This Website may contain links to other websites. Guillermo Garcia has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
- Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Guillermo Garcia of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
- You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Guillermo Garcia.
The products branded "Guillermo Garcia" promoted through the Website are made with the finest materials, and they are all MADE IN VENEZUELA AND IRELAND, with the only exception of fragrances, which are produced in France.10 Exclusion of warranties
11 Limitation of liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GUILLERMO GARCIA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
- GUILLERMO GARCIA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER GUILLERMO GARCIA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND GUILLERMO GARCIA MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. GUILLERMO GARCIA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
- SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
- AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
2 Information on Products and their availability
- These general conditions of sale (“General Conditions”) apply to all sales of Guillermo Garcia products (“Products” or “Product”) through the website www.guillermo-garcia.com ( “Website”).
- The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”), being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18, for their personal use. Consequently, by placing an order on the Website, Clients agree and warrant that they do not make the relevant purchase in connection with any dealings or transactions with entities or individuals under UN, US or EU sanctions or to be brought back to North Korea, Russia, Bielorussia or Syria.
- The language used to enter any contract of sale through this Website is English.
- Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Guillermo Garcia according to Section 5.10 below. Contracts of sale executed with Clients will be archived by Guillermo Garcia for the retention period required by applicable law.
- Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.
- The Products available on the Website are a selection of items normally available in stores; however Guillermo Garcia does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in the Website.
- Guillermo Garcia reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; Guillermo Garcia is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.
- The maximum number of pieces for each Product included by the Client in the order proposal is three pieces.
- In no case Guillermo Garcia shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4 Execution of the Contract
- The prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form.
- Guillermo Garcia regularly verifies that prices of the Products displayed on the Website are correct; however, Guillermo Garcia cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Guillermo Garcia shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. This offer will not place the Client under any obligation to purchase the Product at the correct price. If the error is detected after the order has been accepted, Guillermo Garcia will also offer the Client the opportunity to cancel the order.
5 Method of payment
- The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Guillermo Garcia.
- To purchase the Products, Client must (i) include the selected Products in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Guillermo Garcia through the Website.
- Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions.
- Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).
- An order proposal may be refused by Guillermo Garcia within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Guillermo Garcia. Guillermo Garcia may refuse an order proposal in the following events (by way of example but without limitation): the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or the Client has not fulfilled his/her obligations deriving from a prior contract executed with Guillermo Garcia.
- The contract between Guillermo Garcia and the Client is executed upon receipt by the Client of the acceptance by Guillermo Garcia of the order proposal ("Order Confirmation"). The acceptance (or the refusal) by Guillermo Garcia shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
- In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
- The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
- Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
- The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
6 Transport and delivery
- Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer. As the purchaser, the Client represents and warrants to have legally obtained the funds used to pay the price of the Products included in the order proposal (and the relevant delivery charges, if any) and not to be engaged in any transaction designed to conceal the identity, source or destination of the funds with which the Client pays the price of the ordered Products (and the relevant delivery charges, if any).
- Guillermo Garcia accepts payments made with the following credit cards: Visa; MasterCard; American Express.
- The transactions will be debited from the Client’s credit card only after: the credit card data has been verified; the authorization to debit the card has been received from the issuer of the card used by the Client, and the availability of the Products has been confirmed by Guillermo Garcia.
- In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before the latter is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after: the credit card data has been verified; and the authorization to debit the card has been received from the issuer of the card used by the Client.
- Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
- Guillermo Garcia also accepts payments made by bank transfer to the following IBAN code: IE65AIBK93113691775067. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.
- In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Guillermo Garcia's bank account, in case of bank transfer) within the due deadline (see Section 5.6 above), the contract will not be executed and the order will be cancelled.
- For each order, Guillermo Garcia shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
- The purchased Products shall be delivered by a courier service selected by Guillermo Garcia (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Guillermo Garcia shall not deliver to PO Boxes.
- Except if a force majeure event or unforeseeable circumstance occur, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Guillermo Garcia shall, without undue delay, reimburse all sums paid under the Contract.
- At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
- verify that the number of items being delivered corresponds to that indicated on the delivery note;
- verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
- sign the delivery note;
- and if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 12 below.
4 Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.7 Dispatching and delivery confirmation
Guillermo Garcia shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.8 Wrapping or packaging
Products purchased from the Website are delivered with the same Guillermo Garcia standard packaging as provided in Guillermo Garcia stores.9 Right of withdrawal
10 Personalized Products
- The Client has the right to withdraw from the contract with no reason within 30 (thirty) days from the date in which the Client (or the representative duly authorized to receive the Product) obtains the physical possession of the Products and, in case of partial deliveries, the last Product.
- To exercise the right of withdrawal, the Client may, within the term mentioned under Section 9.1, start the return process by: selecting “Return this Item” from the Client’s Account My Guillermo Garcia under “Order Details”; or selecting “Return this Item” from the delivery confirmation email; or contacting firstname.lastname@example.org
- To return the Products, the Client shall contact the carrier at the number located on the return request email or in the return thank you page that appears when the Client completes the online return process. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Guillermo Garcia reserves the right to refuse the return of the Products. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Guillermo Garcia shall reimburse all payments received from the Client, including the costs of delivery, if any, within14 (fourteen) days of the day on which Guillermo Garcia has received the Products back, or until the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Guillermo Garcia using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
- Products purchased through the Website can be returned also in any of our Guillermo Garcia boutiques listed here, within the term indicated under Section 9.1. No cash reimbursement will be made at Guillermo Garcia stores, but only gift cards or store credits can be provided to the Client. The reimbursement will follow the procedure under Section 9.3 and 9.4.
The right of withdrawal does not apply to orders for personalized Products, such as, for example, those with the Client’s initials engraved on the Product.11 Replacement of Products
- Without prejudice to the Client's rights according to Sections 9 and 12, and with the exception of personalized Products, Guillermo Garcia allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
- within 30 (thirty) days of receipt of the Products, the Client shall contact email@example.com;
- after that, the Client shall return to Guillermo Garcia the Product to be replaced. To return the Products, the Client shall contact the carrier at the number located on the return request email or in the return thank you page that appears when the Client completes the online return process. Save as otherwise stated on the Website, delivery costs for returning the Product shall be borne by the Client.
- no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to Guillermo Garcia in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 11.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.
2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
3 The amount paid by the Client shall be reimbursed by Guillermo Garcia, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to Guillermo Garcia.
4 The exchange will be accepted by Guillermo Garcia subject to the availability of the new Products requested.
5 The replacement will be processed by Guillermo Garcia as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. if the price is different, Guillermo Garcia will refund - or request the Client to pay - the difference, as the case may be.12 Lack of conformity
13 Guarantee of authenticity and intellectual property rights
- If a Product sold by Guillermo Garcia has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email to firstname.lastname@example.org .
- The Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select to have Product repaired or replaced in accordance with applicable law), or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the Products, or the contract cancelled. The Client loses these rights if it fails to notify Guillermo Garcia of the lack of conformity within 2 (two) months of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Guillermo Garcia shall automatically lapse 6 (six) years after the delivery of the Products.
- In the event the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 12, delivery costs for returning the Product to be repaired or replaced shall be borne by Guillermo Garcia, as well as any costs related to the delivery to the Client of the repaired or replacing Product.
14 Applicable law and competent jurisdiction
- Guillermo Garcia guarantees the authenticity of all Products purchased on the Website. Products bearing the Guillermo Garcia trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN VENEZUELA AND IRELAND, with the sole exception of perfumes, which are made in the European Union (mainly in France).
- The “Guillermo Garcia” trademark, the set of figurative and/or shape marks, present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of Guillermo Garcia La Maison Ltd.
14.1. These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with Irish laws.
14.2. All disputes arising out of or relating to these General Conditions shall be submitted to the jurisdiction of the competent courts of the place of residence or domicile of the Client.
Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr15 Contacts
For further information and assistance with the Website or on the methods of online purchase, the Client may contact Guillermo Garcia at email@example.com