Terms of Use and General Conditions
These Terms of Use and General Contracting Conditions (hereinafter, "General Conditions") establish the conditions governing the use of our website (gortaristudio.com), as well as the purchase of products on it.
Please read these Conditions carefully, as well as the other Policies and notices available on our website. These Conditions may be modified, so it is your responsibility to read them periodically to be aware of those that are in force at the time of purchase. If you have any questions, you can contact us by phone or by sending an email to contact.gortari@gmail.com.
-
Identity and Commitment of the parties
We inform you that the website gortaristudio.com is owned by GORTARI STUDIO S.L. Thus, these General Conditions apply to the relationship between GORTARI STUDIO S.L. and the interested person, user or consumer, regarding all transactions carried out on our website.
GORTARI STUDIO S.L., with NIF B23837016, has its registered office at Calle Imagen 4, 4º D - 41003 SEVILLA. It is registered in the Commercial Registry of Not applicable to volume Not applicable; folio Not applicable, page Not applicable.
Likewise, we indicate the following contact methods:
● Contact email: contact.gortari@gmail.com
Acceptance of this document implies that:
a. You have read, understand, and comprehend what is stated here.
b. You are a person with sufficient capacity to contract. c. You assume all obligations set forth herein.
We reserve the right to unilaterally modify these Conditions, without affecting the services that were contracted prior to the modification.
On the other hand, as an individual or professional, you will participate in the contracting, identifying yourself on the website with the personal data you provide us, for which you are fully responsible for its use and custody. This data will be treated in accordance with our Privacy Policy, always respecting the applicable regulations.
Furthermore, before reading these General Conditions, as well as accessing, browsing and/or using this website, you must have read our Legal Notice, as well as our Cookies and Privacy Policy. By using this website, or by requesting our services, you agree to be bound by these General Conditions.
By using our website, you also consent to the processing of the personal data you provide us, and you declare that they are truthful and correspond to reality.
Accessing, browsing, and using the website grants you the status of a user, so you accept, from the beginning of navigation, all the Conditions established in this document, as well as its subsequent modifications, without prejudice to the application of the corresponding applicable regulations, as the case may be.
Therefore, you agree to:
I. Use this website solely to make legally valid inquiries or orders;
II. Not place any false or fraudulent orders. In case of indications of falsehood or fraud, we are authorized to cancel the order and inform the relevant authorities. Likewise, we do not assume any responsibility for damages and/or expenses that may arise therefrom.
III. Provide us with your email address, postal address and/or other contact details, truthfully and accurately. Likewise, you consent that we may use such information to contact you, if necessary.
IV. Not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material. You will not perform or attempt to gain unauthorized access to this website, to the server on which said page is hosted, or to any server, computer or database related to our website. Failure to comply with this clause could lead to the commission of infringements typified by applicable regulations.
Likewise, you declare to be over 18 years of age and have the capacity to contract. In this regard, we may verify, by the means we deem appropriate, compliance with the aforementioned requirement.
2. Use of the Website, its Services and Content
As indicated in the previous point, by accessing our website, as well as our services and content, you agree to use them without contravening current legislation, good faith, generally accepted uses and public order. Likewise, the use of the website for illicit or harmful purposes, against us or any third party, or that, in any way, may cause damage or prevent the normal functioning of the website, is prohibited.
Regarding our content (information, texts, graphics, sound and/or image files, photographs, designs, etc.), the following is prohibited: their reproduction, distribution or modification, unless authorized by their legitimate owners or legally permitted; any infringement of our rights, or of their legitimate owners over them; their use for all types of commercial and/or advertising purposes, other than those strictly permitted; any attempt to obtain the contents of the website by any means other than those made available to users, as well as those commonly used on the net, provided that they do not cause any harm to our website.
3. Purpose of the Contract
The contract for the acquisition of our items and services focuses on leather bags. These bags offer unique value as they are manufactured in India and designed in Spain, guaranteeing an international quality product. The bags feature special characteristics such as a detachable handle, two strategically placed compartments—one on the side and a central one—and a secure zipper closure. Our website offers you a simple shopping experience. You can explore our offer and decide on this exclusive product which, in addition to its design, offers functionality and a contemporary aesthetic. We are committed to a user-friendly interface and a service that promotes the complete satisfaction of those who trust our brand.
In the event that the product runs out or the provision of the already contracted service cannot be fulfilled, we use a communication strategy that is automatically activated on our platform. In this way, when the product is no longer available, the purchase option will be deactivated to avoid any inconvenience to users. We understand that the shopping experience implies an expectation that must be met. However, in situations where the item is unavailable due to lack of stock, the purchase will not be allowed. Nevertheless, we will work diligently to offer a solution in line with the needs of those who have trusted our services, always maintaining clear and direct communication.
4. Registration
On our website, it is not mandatory to register as a user to place or contract an order/service for our products, such as leather bags made in India and designed in Spain. To make anonymous purchases, you will need to provide certain personal data, including your name, surname, email, city, postal code, address, and phone number, to formalize the contract. If you decide to register on our platform, you will be able to access certain additional functionalities, such as viewing the order and tracking it in detail. We commit to diligent use of the personal data you provide us, and only to make it available to third parties, such as Public Administrations with competence in the matter or financial entities. Likewise, in case of theft or loss of such information, or possible unauthorized access by a third party, we will communicate the incident to our web domain provider, so that they proceed to immediate blocking. Through the Privacy Policy published on our website, you can find additional information about the processing of your personal data. Our data processing will always be carried out in accordance with the provisions of current regulations on personal data protection.
5. Contracting Procedure
To formalize the purchase of the leather bags, which we manufacture in India and design in Spain, with features such as detachable handles and two compartments, you will be asked to provide certain essential personal data. You will need to complete a form with your name, surname, email address, as well as indicate the city and postal code corresponding to your shipping address. You must also provide your exact address and a contact phone number. This data will ensure that you can receive the product efficiently and personalized.
1. You can choose the bag you like best from our exclusive selection of leather, designed to combine style and functionality.
2. In the process, you can select the units you wish to purchase to adapt to your specific needs.
3. Once you have decided, add it to your cart to continue with the purchase.
4. Subsequently, you will have to add your details as a buyer so that we can manage your order properly.
5. Finally, you will make the payment, thus sealing your purchase securely and comfortably on our website.
a. Order Review
On our platform, you can view detailed information about each item. When reviewing your order, you will see that the indicated price already includes all applicable taxes. However, it is important to note that shipping costs are not included in the final price. We recommend calculating these additional costs when planning your purchase to avoid surprises. By choosing our leather bags, carefully manufactured in India and designed in Spain, you can enjoy an exclusive product that combines functionality and style, thanks to its detachable handle and strategically located compartments.
b. Payment Methods
You can make your payments using a variety of secure methods. You have the option to use credit and debit cards, Apple Pay, Google Pay, Klarna, PayPal, and Bizum. Credit/debit cards will be subject to checks and authorizations by the issuing bank. If the financial institution does not authorize the payment, we will not be responsible for any delay or lack of delivery, nor can any contract be formalized. Once we receive the purchase order, a pre-authorization will be made on the corresponding card, with the aim of ensuring sufficient funds to complete the transaction. The card will be charged at the moment we send you the shipping confirmation and/or service confirmation.
We use all means to guarantee the confidentiality and security of payment data transmitted during transactions through our website. For this, we use a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank. If the financial institution does not authorize the payment, we will not be responsible for any delay or lack of delivery, nor can any contract be formalized. Once we receive the purchase order, a pre-authorization will be made on the corresponding card, with the aim of ensuring sufficient funds to complete the transaction. The card will be charged at the moment we send you the shipping confirmation and/or service confirmation.
c. Confirmation of Contract
You will receive confirmation of your order via email. This confirmation message will include a detailed summary of your order along with the shipping address you provided, in addition to the total payment made.
d. Invoicing
Once the acquisition is complete, we will provide you with the corresponding invoice electronically by sending it to the email address provided during the purchase process. Likewise, for any questions or incidents that may arise, you can contact our customer service through the email address enabled for such purposes at contact.gortari@gmail.com. This channel will be at your disposal to manage possible disputes and provide the necessary assistance in relation to your experience acquiring our products.
e. Order Modifications
You can modify your bag order through the transport company's portal, Logística (Big Blue), using the indicated contact methods. The option to place personalized orders is not available due to the nature of the products offered. For any questions or needs related to the modification process, we encourage you to use the direct contact provided by the Logistics platform. This channel is designed to facilitate any management or adjustment necessary within the framework of allowed modifications.
f. Available Languages for Contracting
You can make contracts on our website using the Spanish language. For any queries or to resolve possible disputes, you can contact us through the previously indicated contact methods.
As a user or consumer, you acknowledge that at the time of purchase, you are aware of certain sales conditions concerning the purchased product, displayed alongside its presentation, including, but not limited to, and depending on each case: price, components, weight, quantity, color, product details; acknowledging that the transaction is materialized with the complete acceptance of the particular sales conditions applicable to each case.
All communications related to the acquisition, as well as purchase orders and payments made through the website, may be retained by GORTARI STUDIO S.L. for the purpose of constituting a means of proof of said transactions, always respecting the obligations required by applicable regulations.
6. Delivery Policies and Shipments
a. Order Processing and Gift Orders
The general contracting conditions establish that order processing will take place once payment has been confirmed. This ensures that we can handle the order in an efficient and secure manner, ensuring that the product(s) reach the final recipient in the shortest possible time. Since we currently do not offer the option of placing orders as gifts, each order will be managed solely under the name of the person making the purchase.
b. Delivery Times and Territories
You can enjoy different options for receiving your goods within national territory. We offer two types of shipping: standard shipping, with an estimated delivery time of 1 to 3 days, and express shipping, which guarantees delivery within 24 hours. It should be noted that if you decide to place an order as a gift, it may be subject to specific conditions, as, for example, personalized orders are not eligible for returns.
c. Shipping Methods and Costs
The company carries out shipments through its logistics operator BigBlue, with the aim of guaranteeing safe and efficient delivery of orders.
1. Scope of delivery
Currently, orders are shipped to the following areas of Spanish territory:
-
Peninsula and Balearic Islands
-
Canary Islands
Shipping costs and delivery times may vary depending on the destination area and the amount of the order.
2. Shipments to Peninsula and Balearic Islands
The following modalities are offered:
Standard shipping
-
Estimated delivery time: between 1 and 4 working days from order confirmation.
-
Cost: €3.90 for orders up to €94.99.
-
Free for orders of €95 or more.
Express shipping
-
Estimated delivery time: between 1 and 4 working days.
-
Cost: €4.90 for orders up to €94.99.
3. Shipments to the Canary Islands
Standard shipping
-
Estimated delivery time: between 2 and 5 working days from order confirmation.
-
Cost: €5.90 for orders up to €150.
-
Free for orders of €100 or more.
Shipments to the Canary Islands may be subject to customs procedures, as well as the payment of local taxes or fees (IGIC or others), which will be assumed by the recipient.
4. Delivery Conditions
-
The indicated delivery times are approximate and will begin once payment for the order has been confirmed.
-
Deliveries will not be made on Saturdays, Sundays, or holidays.
-
During periods of high demand (promotional campaigns, sales, Black Friday, Christmas, etc.), preparation and delivery times may be extended.
-
In case of a logistics incident or impossibility of delivery due to reasons beyond the company's control, the customer will be informed as soon as possible.
5. Shipping Costs
Shipping costs will be shown itemized during the purchase process and before order confirmation.
6. Gift Orders and Personalized Products
In the case of orders placed as gifts or including personalized products, these will not be eligible for exchanges or returns, except in case of manufacturing defect, damaged product, or shipping error.
d. Order Tracking
You can track your order through Big Blue. You will receive an email when the shipment is being prepared and another when it has been dispatched. Additionally, you will have access to a tracking portal available on our website, where you can check the status of your order at any time. For gift orders, remember they are subject to specific conditions, such as personalized items not being eligible for returns.
e. Delivery Delays
GORTARI STUDIO S.L. will not be responsible for delivery delays due to causes beyond its control, such as weather conditions, strikes, customs issues, or other force majeure events. In case of delays, you will be informed as soon as possible.
f. Reshipments
If the package cannot be delivered due to reasons attributable to the customer (such as an incorrect address or repeated absence from the delivery address), GORTARI STUDIO S.L. will offer the possibility of reshipment, with the customer being responsible for any additional costs incurred.
g. Products Damaged in Transit
In the event that a product you purchase through our website arrives damaged or defective due to transit, you must notify us within a maximum of 14 calendar days from the receipt of the product. We commit to replacing the product at no additional cost, provided you supply us with the necessary documentation to file a claim with the carrier.
h. Delivery Confirmation
You will be responsible for checking and confirming receipt of the products. If you do not report any issues within 14 calendar days of delivery, the order will be considered to have been delivered correctly and in perfect condition.
7. Price and Offer Validity Period
All items, as well as their prices, are subject to availability, as well as force majeure reasons that may affect supplies. In these cases, GORTARI STUDIO S.L. commits to contacting you and refunding any amount that may have been paid as part of the total.
On our platform, you will be able to view detailed information about each item. When you review your order, you will see that the price indicated already includes all applicable taxes. However, it is important to note that shipping costs are not included in the final price. We recommend calculating these additional costs when planning your purchase to avoid surprises. By choosing our leather handbags, meticulously crafted in India and designed in Spain, you can enjoy an exclusive product that combines functionality and style, thanks to its detachable strap and strategically located compartments.
On our website, you will find the prices of our products or services indicated in Euros. You will have the necessary clarity to recognize the cost of the products or services that interest you. By browsing, you will have the opportunity to examine each presented option in detail, ensuring that all relevant information is at your fingertips in the marked currency, thus facilitating your experience.
The price indicated, unless expressly stated otherwise, does not include the costs of other additional and ancillary services to the acquired product.
Likewise, the price will be shown with a breakdown of the increments or discounts that apply. The prices applicable to each item are valid unless stock runs out or there is a typographical error, and will be those published on the website and applied automatically by the contracting process in its final phase, after including shipping costs where applicable. As a user and consumer, you assume that in any case, the economic valuation of some services may vary in real time. In any case, GORTARI STUDIO S.L. will notify you in advance, although possible changes will not affect orders or purchases for which we have already received an order confirmation.
For any information regarding the order, you can contact us at: contact.gortari@gmail.com. In any case, you must indicate in the subject of the message or to the teleoperator the order number assigned to you, and indicated in the confirmation email of the contracting.
8. Technical means for correcting errors
If you detect that an error has occurred when entering data necessary to process the purchase request, you can modify it using our contact methods, indicated above.
9. Return, Refund, and Cancellation Policies
Our items, specifically the leather bags designed in Spain and manufactured in India, are governed by the return regulations in force in Spanish territory. Considering the particular characteristics of these products, it is possible to proceed with their return as long as certain conditions are met. The bags must be returned in their original condition, unused, and retaining all original packaging and labels.
Furthermore, consumers have a period of fourteen calendar days from receipt of the item to exercise their right of withdrawal. It is important to note that returns of products showing signs of use or deterioration that are not due to mere verification purposes of their characteristics, functioning, or nature will not be accepted. In case of a manufacturing defect, the warranty policy will cover the claim.
Regarding professionals, the rules for contract cancellation and termination are subject to the provisions of the Commercial Code, and subsidiarily to the Civil Code.
Communications in this regard should be directed through the contact methods indicated on our website.
Regardless of the means you choose to communicate your decision, you must clearly and unequivocally express your intention to withdraw from the purchase contract. In any case, you may use the withdrawal form template that we make available to you through our website; however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.
10. Right of Withdrawal
The right to withdraw is the right you have to retract, for a certain period, from the acquisition of an item or service, without needing to state a reason or incur any penalty for doing so.
You will have a minimum period of 14 days, from the date of the physical acquisition of the item, or the contracting of our services, provided that, due to its nature, it is possible.
Due to the Christmas campaign, we inform you that orders placed from December 21st have an extended return period until January 10th. After that date, the usual terms indicated in our purchase conditions will apply again.
As a result, the concluded contract will be terminated, and all payments received will be refunded to you, with the exception of the additional costs (€5) resulting from your own choice of a delivery method different from the least expensive ordinary delivery method offered by our website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date we are informed of your withdrawal request.
Therefore, we will proceed to make said refund using the same payment method used for the initial transaction, unless you have expressly stated otherwise; in any case, you will not incur any expense as a result of the refund.
However, you must bear in mind that the transport derived from the resolution may have an additional cost that will be passed on to you. Furthermore, you will be responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the acquired items.
You must return the products through our returns portal available on the website, and once we receive the item and confirm that everything is correct, the refund will be made using the same payment method used for the purchase.
Likewise, 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, such as in the case of:
● Service contracts that have been started or executed, provided that the consumer is notified in advance.
● Items whose price depends on fluctuations in the financial market, which the service provider cannot control.
● Personalized products.
● Products that may deteriorate or expire quickly.
● Items that, after delivery, given their nature, have been inseparably mixed with other products.
● Supply of alcoholic beverages, where the price has been agreed upon at the time of concluding the contract, whose delivery is not possible within a period of less than 30 days, and whose value depends on uncontrollable market fluctuations.
● Urgent repair or maintenance operations.
● 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.
● Supply of daily newspapers.
● Contracts concluded at public auction.
● Supply of accommodation services, for purposes other than housing, transport of articles, vehicle rental, food or leisure activities, if the contract itself provides for a specific execution date.
● Supply of digital content when the execution of the service has already begun, with the express consent of the consumer, and with the knowledge of the loss of their right of withdrawal.
In this same sense, the provision of a service that you may contract on this Website is governed, as this same Law establishes that users will not have the Right of withdrawal, when the provision of the service has been completely 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 completely executed by GORTARI STUDIO S.L., they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered, or that have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.
11. Warranty
We understand that products comply with the contract provided that:
● They conform to the description and qualities we indicate;
● They are suitable for the uses to which products of the same type are ordinarily intended;
● They present the usual quality and performance of a product of the same type
When this is not the case with respect to the delivered products, you should contact us through the contact methods indicated above.
However, some of the products sold on our website may present non-homogeneous characteristics, provided that these derive from the type of material with which they have been manufactured, and which therefore will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could happen that on our website you acquire a product from a brand or manufactured by a third party. In this case, whenever you consider that it is a defective product, you will also have the possibility to contact the brand or manufacturer responsible for the product, to find out how to exercise your legal warranty right, directly with them, during the three years following the delivery of said products. For this, you must have kept all the information related to the product warranty.
The legal conformity guarantee for consumer products, such as leather handbags, is generally stipulated by the regulations of each country. Within the European Union, and by extension in Spain, the legal guarantee for durable consumer goods is two years from the date of delivery to the consumer. This guarantee covers any lack of conformity of the product that may manifest during this period.
For leather items specifically, manufactured in a country like India and sold in Spain, the same regulations apply. Regardless of whether the leather is processed or manufactured in another country, the warranty regulations are subject to the laws of the country where the final product is marketed.
Additionally, commercial guarantees offered by manufacturers or sellers may differ and provide additional or extended conditions according to their company policy, but they can never be less than the stipulated legal guarantee.
12. Disclaimer of Liability
Unless expressly stated otherwise by law, GORTARI STUDIO S.L. will not accept any responsibility for the following losses, regardless of their origin:
● Those not attributable to any breach on our part;
● Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
● Any other indirect loss not reasonably foreseeable by both parties at the time the sales contract for the selected items was formalized. Likewise, GORTARI STUDIO S.L. will also limit our responsibility in the following cases:
● We apply all measures concerning providing a faithful visualization of the product on our website; however, we are not responsible for minimal differences or inaccuracies that may exist due to lack of screen resolution, browser issues, or other similar issues.
● We act with the utmost diligence to make the item of the purchase order available to the transport company. However, we are not responsible for damages resulting from a malfunction of transport, especially due to causes beyond our control, such as strikes, traffic congestion, and generally any other specific to the sector, which result in delays, losses, or theft of the product.
● Technical failures that, due to fortuitous causes, maintenance reasons, or other reasons, prevent the normal functioning of the internet service, as well as prevent the service from being available. GORTARI STUDIO S.L. puts all means at your disposal to carry out the purchase, payment, and shipping/delivery process of the items you desire; however, we are exempt from liability for causes not attributable to us, as well as in fortuitous cases or force majeure.
● We will not be responsible for misuse and/or wear and tear of already used products. At the same time, we will not be responsible for an erroneous return. It is the consumer's responsibility to return the correct product.
In general, we are not responsible for any breach or delay in the fulfillment of any of the obligations we assume when such delay or breach is due to events beyond our control, and these may include, but are not limited to:
● Strikes, lockouts, or other industrial action.
● Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
● Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
● Impossibility of using trains, ships, aircraft, motor transport, or other means of transport, public or private.
● Impossibility of using public or private telecommunication systems.
● Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In this way, obligations will be suspended for the period in which the force majeure event continues; in any case, we will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure event.
Likewise, GORTARI STUDIO S.L. will use all reasonable means to find a solution that allows us to fulfill our obligations, despite the force majeure event.
13. Written Communications and Notifications
By using this website, you agree that most of the communications you make with us will be electronic (email or notices published on the website).
For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically comply with the legal requirements of being in writing.
This condition will not affect the rights recognized by law to the user.
14. Waiver
No waiver by GORTARI STUDIO S.L. of any of these Conditions, or of the rights or actions arising from a contract, will be effective unless it is expressly stated to be a waiver and is formalized and communicated to the consumer and user in writing.
15. Nullity
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.
16. Entire Agreement
These Conditions constitute the entire agreement between consumers and us, regarding the object of sale, and supersede any other previous pact, agreement, or promise agreed verbally or in writing by the same parties.
17. Applicable Law and Jurisdiction
These conditions will be governed or interpreted according to Spanish law in anything not expressly established. We agree with you to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile where you reside. In the event that you are domiciled outside of Spain, both parties expressly waive any other forum, submitting to the Courts and Tribunals of SEVILLE (Spain).
18. Customer Service, Complaints, and Claims
You can send us your complaints, claims, or any other comments you wish to make, through our enabled contact methods:
Contact phone:
Address: Calle Imagen 4, 4º D - 41003 SEVILLE
Email: contact.gortari@gmail.com
After receiving your complaint or comment, you will receive an identifying key, as well as written proof.
In addition, we have complaint forms available to consumers and users, which you can request at any time.
In the event that within one month from the filing of the complaint, it has not been resolved, as a consumer you can 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 online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
For this purpose, the European Commission makes available to consumers a platform for online consumer complaint resolution, which you can use, and which is available at the following link: http://ec.europa.eu/consumers/odr/