1. Introduccion
These Terms and Conditions apply to this website and to transactions related to our products and services. You may also have obligations arising from additional agreements related to your relationship with us or any products or services you receive from us. If any provision of those additional agreements conflicts with the provisions of these Terms, the provisions of those additional agreements will prevail.
2. Complaints and Incident Management Policy
GABRIENTUM works with leading national and international suppliers and courier companies to offer you the best products. To ensure we can resolve any issues with your order, it is essential to follow this claims protocol:
2.1 Incidents in Transport
Upon receiving your package, it is the customer's responsibility to check the condition of the packaging.
If the package shows visible damage (damaged, wet or open box), you must sign the carrier's delivery note indicating "DAMAGED" or "PENDING INSPECTION".
Critical deadline: You must notify us of any cosmetic damage or breakage caused during transport within 24 hours of receipt by emailing info@gabrientum.es. After this deadline, courier companies will not accept claims, and transport insurance will not cover the incident.
2.2 Defective or Incorrect Products
If the product malfunctions or does not match the order, please send us an email attaching: Order number + Photograph of the shipping label affixed to the original package + Video or clear photos of the defect or the product received.
Important note: Do not throw away the original packaging or shipping labels until the issue is resolved, as they are essential for processing the claim with the supplier.
2.3 Information on Dropshipping
By operating through direct shipping from our partner suppliers:
Delivery times: The delivery times indicated are estimates. We are not responsible for delays caused by customs, transport strikes, or extreme weather conditions.
Delivery address: It is the customer's responsibility to provide a correct and complete address. If the package is returned due to an "incorrect address" or "recipient not present after several attempts," the customer will be responsible for the reshipping costs.
3. Refund and Return Policy
3.1 Right of withdrawal of consumers (individuals)
According to current legislation, consumers have 14 calendar days to return a purchased product without needing to justify their decision to withdraw. The withdrawal period begins from the date of delivery or collection of the product, and the return shipping costs are the responsibility of the consumer.
Products delivered according to the consumer's specifications or customized items cannot be returned. Therefore, products made to the consumer's specifications (dimensions, model, etc.) are exempt from the right of withdrawal. Products can be returned with the option of an exchange or a full refund.
3.2 Procedure regarding the right of withdrawal
Purchased products can be returned within 14 calendar days from the date of delivery or collection at the point of sale ("Return Period").
The decision to return the product must be communicated unequivocally before the Return Period expires; otherwise, the consumer will lose the right of withdrawal.
The return decision can be communicated by means of a written request sent by email to info@gabrientum.es, which must include the following information: full name of the consumer, telephone number, email address, the product you wish to return, the quantity, the date and delivery address of the product to the consumer or the date of collection at the point of sale.
The consumer must return the product within a maximum period of 14 calendar days from the date of communication of the return decision.
The physical return of the products within the aforementioned period can be carried out through transport/courier/postal companies.
The consumer will be responsible for the costs of returning the product.
If you withdraw from this contract, you will be refunded all payments received from you for the products ordered and delivered, excluding the initial shipping and/or packaging costs necessary to process the order.
If the consumer exercises the right of withdrawal, in accordance with current legislation, and requests a refund of the price, the amount received will be refunded using the same payment method used for the initial transaction, within a maximum period of 14 days from the date on which they were informed of their decision to withdraw.
GABRIENTUM may postpone the refund until the date of receipt of the products subject to the sale or until the consumer proves the shipment of the products to the professional, considering the earliest date.
All returned products must be in the same condition as when received. Products that have suffered subsequent deterioration, or that show signs of moisture, scratches, chips, dents, mechanical impacts, paint, or adhesives will not be accepted.
The return must be made in the original packaging.
3.3 Depreciation of returned goods In accordance with current regulations (General Law for the Defense of Consumers and Users), the consumer will be responsible for the decrease in value of the goods resulting from handling them other than that necessary to establish their nature, characteristics or functioning. In order for the user to be entitled to a full refund, the product must be returned in the same condition in which it was delivered. If the returned product shows signs of excessive use, damage, missing accessories, or is not returned in its original packaging, GABRIENTUM reserves the right todeduct an amount from the total refund for depreciation (reconditioning, cleaning, or loss of commercial value) or rreject the return if the product has been handled in such a way that it is not possible to resell it.
3.4 Right of withdrawal of legal entities
GABRIENTUM offers its customers the possibility of returning products in accordance with its internal policy and current legislation.
GABRIENTUM reserves the right to refuse a return if all requirements are not met.
4. Linkage
By registering, accessing, or using this website, you agree to comply with these Terms and Conditions detailed below. Simply using this website implies your knowledge and acceptance of these Terms and Conditions. In certain specific cases, we may request your explicit consent.
5. Electronic Communication
By using this Site or communicating with us electronically, you acknowledge and agree that we may communicate with you electronically through our Site or by sending you an email, and you agree that all agreements, notices, disclosures, and other communications that we send you electronically will satisfy any legal requirement, including, but not limited to, the requirement that such communications be in writing.
6. Intellectual Property
We or our licensors own and control all copyright and other intellectual property rights in the Site, as well as the data, information, and other resources displayed on or accessible through it.
7. All rights reserved
Unless otherwise specified in the content, you are not granted any license or other right under any copyright, trademark, patent, or other intellectual property right. This means you may not use, copy, reproduce, display, distribute, embed in any electronic media, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or promote any resources from this website in any way without our prior express written authorization, except and only to the extent permitted by applicable law (such as the right to quote).
8. Third-Party Property
Our Site may include links or other references to third-party websites. We do not monitor or review the content of third-party websites linked to from this Site. Products or services offered by other websites are subject to the applicable Terms and Conditions of those third parties. The opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of such websites. You assume all risks associated with using such websites and any related third-party services. We will not accept any liability for loss or damage of any kind, regardless of cause, resulting from the disclosure of personal information to such third parties.
9. Responsible Uses
By visiting our website, you agree to use it only for the purposes set forth and permitted by these Terms, any additional agreements entered into with us, applicable laws, regulations, generally accepted online practices, and industry guidelines. You must not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activities; or conduct any systematic or automated data collection activities on or in connection with our website.
It is strictly prohibited to carry out any activity that causes or may cause damage to the website or that interferes with its operation, availability or accessibility.
10. Sending ideas
Do not send us ideas, inventions, copyrighted works, or any other information that could be considered your intellectual property unless we have previously signed an intellectual property agreement or a confidentiality agreement. If you provide us with information without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any media now known or hereafter devised.
11. Termination of use
We may, at our sole discretion, at any time, modify or discontinue, temporarily or permanently, your access to the Website or any of its services. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of your access to or use of the Website or any content you have shared on it. You will not be entitled to any compensation or payment, including if certain features, settings, or any Content you have contributed to or rely upon are permanently lost. You must not circumvent, or attempt to circumvent, any measures that restrict access to our Website.
12. Guarantees and liability
Nothing in this section will limit or exclude any warranties implied by law, the limitation or exclusion of which would be unlawful. This website and all of its content are provided "as is" and "as available" and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, with respect to the availability, accuracy, or completeness of the Content. We do not warrant that:
– this website or our products or services meet your needs;
– this website is available uninterrupted, timely, secure or error-free;
– the quality of any product or service you purchase or obtain through this website meets your expectations.
Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. For advice, you should consult a competent professional.
The following provisions of this section will apply to the fullest extent permitted by applicable law and will not limit or exclude our liability in respect of any matter where it is illegal or prohibited for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or earnings, loss of or damage to data, software or databases, or loss of or damage to property or data) suffered by you or any third party as a result of your access to or use of our website.
Unless otherwise expressly stated in any additional agreement, our maximum liability to you for all damages arising out of or related to the Website or any products or services marketed or sold through it, regardless of the legal action that imposes liability (whether in contract, equity, negligence, intentional misconduct, tort, or otherwise), will be limited to the total price you paid us for the purchase of such products or services or for the use of the Website. This limitation will apply in its entirety to all claims, actions, and causes of action of any kind and nature.
13. Privacy
To access the Website and/or our Services, you may be asked to provide certain personal information during the registration process. You agree that all information you provide will always be accurate, correct, and up-to-date.
We take your personal data very seriously and are committed to protecting your privacy. We will not use your email address for unsolicited messages. Emails we send you will only be related to the provision of the agreed-upon products or services.
14. Accessibility
We are committed to making our content accessible to people with disabilities. If you have a disability and are unable to access any part of our website because of it, please send us a notification that includes a detailed description of the problem. If the problem is easily identifiable and solvable using industry-standard computer tools and techniques, we will resolve it promptly.
15. Export Restrictions/Legal Compliance
Accessing this website from territories or countries where the content or the purchase of products or services sold on the website is prohibited is prohibited. You may not use this website if doing so violates Spanish export laws and regulations.
16. Assignment
You may not assign, transfer, or subcontract any of your rights or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment that violates this section will be void.
17. Breach of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take any action we deem appropriate to remedy the breach, including temporarily or permanently suspending your access to the Site, contacting your Internet Service Provider to request that they block access to the Website, or taking legal action against you.
18. Force Majeure
Except for the payment obligations set forth below, no delay, failure or omission by either party in performing any of its obligations hereunder shall be deemed a breach of these Terms and Conditions if, and to the extent, such delay, failure or omission is due to a cause beyond its reasonable control.
19. Compensation
You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, damages, losses, and expenses related to your breach of these Terms and Conditions and applicable law, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses related to or arising from such damages.
20. Resignation
Your failure to comply with any provision of these Terms and Conditions and any Agreement, or the exercise of any termination option, will not be construed as a waiver of such provision and will not affect the validity of these Terms and Conditions, any Agreement or any part thereof, or your subsequent right to enforce any provision.
21. Language
These Terms and Conditions shall be interpreted and understood exclusively in Spanish. All notices and correspondence shall be written exclusively in Spanish.
22. Full Agreement
These Terms and Conditions will constitute the entire agreement between you and GABRIENTUM regarding your use of this website.
23. Update of these Terms and Conditions
We may update these Terms and Conditions from time to time. It is your responsibility to periodically review these Terms and Conditions for changes or updates. The date at the beginning of these Terms and Conditions is the date of the last revision. Modifications to these Terms and Conditions will be effective upon their posting on this website. Your continued use of this website following the posting of modifications or updates will constitute your acceptance of and agreement to be bound by these Terms and Conditions.
24. Choice of applicable law and jurisdiction
These Terms and Conditions shall be governed by Spanish law. Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the Spanish courts. If any part or provision of these Terms and Conditions is held to be invalid or unenforceable by a court or other authority under applicable law, such part or provision shall be modified, deleted, or enforced to the extent possible to give effect to the intent of these Terms and Conditions. The other provisions shall remain in full force and effect.
25. Contact information
This website is owned and operated by GABRIENTUM S.L.U.
You can contact us regarding these Terms and Conditions by writing to us or sending us an email to info@gabrientum.es