The owner of esmajorca.com is Gastro Baires SL, with address at Calle Via de la Cruz, Club Nautico de Santa Ponsa, CP: 07180 with CIF B57800120 and registered in the Madrid Mercantile Registry: TOMO: 24.379, BOOK: 0, FOLIO : 155, SECTION: 1st SHEET: M-438493. You can contact us through that address, by phone 685473469 or by email
GENERAL CONTRACTING CONDITIONS (last revision: June 24, 2020)
Users who make purchases at esmajorca.com, whether via the web, telephone or email, accept these General Contracting Conditions in their entirety, and are bound by these as they were exposed at the time of purchase. It is mandatory for the user to read and accept them prior to the purchase of any product.
esmajorca.com reserves the right to modify the General Contracting Conditions at any time and without prior notice. They will always be accessible through the website, so that the user can consult or print them at any time.
The prices and conditions of sale are for informational purposes only and may be modified in response to market fluctuations. However, placing the order by completing the purchase form implies compliance with the price offered and with the general conditions of sale in force at that specific time. Once the order is formalized, the purchase will be understood to be perfected by right, with all the legal guarantees that protect the purchasing consumer and, from that moment, the prices and conditions will be contractual and cannot be modified without the express agreement of both contracting parties . Spanish will be the language used to formalize the contract. The electronic document in which the contract is formalized will be archived and the user will receive a copy by email.
GiftOriginal.com reserves the right to deny and / or suspend access to the services provided on the web for reasons of violation of good contractual faith, breach of applicable legislation, these General Conditions of Purchase and / or in cases of fraud detected by this company and / or any of its suppliers.
Customers can choose the day and time of delivery from the options offered by our courier partners. We cannot guarantee 100% these delivery times as we depend on a third party, but we try to ensure that the transport companies comply whenever possible.
Within a time slot it is not possible to choose a specific time. If you leave us a specific request, we will forward it to the courier and we will do everything possible to ensure that it is fulfilled, but in no case can we guarantee it as it is not part of the contracted service.
Delivery times will depend on the availability of each product, which is indicated on each and every one of the products offered. If a product is not available or its delivery time is longer than the date selected by the client, he will be contacted to manage the order. In case of not being able to locate you, the company will always look out for the client's interests.
The client will have 72 hours to verify the integrity of all the components of the order and to verify that everything that he owes is included in the products included. After these 72 hours the shipment will be considered accepted and claims for damages or failures with the shipment will not be accepted.
The shipment will be delivered to the address indicated as the destination. It will be understood to have been carried out when the capable person who is at said address accepts to collect the shipment, whether or not it is the recipient that appears on the collection delivery note.
In case of receiving a product damaged by transport, it is advisable to contact us within the first 24 hours to be able to claim the incident to the transport company.
It is the customer's responsibility to know if the selected delivery day is a working day or a holiday in the destination location. In case of being a holiday, we will notify the client as soon as possible to advance or delay the delivery, so in no case will Esmajorca.com be responsible for any damage caused by selecting delivery on a local holiday.
Shipping rates will be calculated dynamically based on the location, type of service or day chosen. In any case, the customer will see the data clearly during the purchase process and always before the payment gateway.
Esmajorca.com informs that the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU) establishes several options to be able to exercise the right of withdrawal. Among them, it contemplates the possibility of doing it electronically, an option that we recommend in order to shorten times and give the customer the most comfortable option. To do this, you must write an email to
In accordance with current legislation, the contract concluded may be canceled, without the need to justify such decision and without penalty of any kind, within a period of 14 calendar days from the receipt of the merchandise by the customer. To do this, once you inform us of your decision to exercise the right of withdrawal, you must send us the product / s. Once we receive the product / s, we will refund the money according to the payment method you have used:
- If you paid by card, the payment will be made into your account most of the time within a period of 48 to 72 hours. It may take up to ten business days until you see it in your account depending on the payment gateway used.
- If the payment was made by transfer, we will ask you for an account number to make the payment. It will be done most of the time within a period of 48 to 72 hours, but keep in mind that it may take up to 48 business hours until it is reflected in your bank account. - In any case, keep in mind that the deadline set by law for returns is 14 calendar days. We will always try to return the money to you as soon as possible, but for administrative reasons the term could be extended to those 14 calendar days. We apologize in advance and appreciate your understanding.
The right of withdrawal will not be applicable to contracts that refer to:
- The supply of goods made according to the specifications of the consumer and user or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
In addition, it must be taken into account that:
- The product must arrive at our facilities in the same state as it was delivered. If it does not keep its original packaging, accessories and condition, we will not accept the application.
- The return shipment is borne by the customer and must be done using the same protective box in which it was received. If it is not available, the client must return it in a similar protective packaging in order for it to arrive at our facilities in perfect condition.
RETURNS FOR INDIVIDUALS
All merchandise must be returned in its original packaging and conditions, in perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the item. Otherwise Esmajorcal.com reserves the right to reject the return.
Once your return request is accepted, you will receive instructions to send the product to our offices. You must send the goods without any delay, within a maximum period of 14 calendar days from when you communicate your desire to exercise the right.
The transport costs originated by the return will be at your expense. You are free to choose and find the agency that best suits your needs or offers you the most competitive rates. You can also come to our facilities to deposit the product.
Once the merchandise has been received and verified that it is in perfect condition, the refund of the amount will be processed. We will refund the payment received, including the delivery cost with the exception of additional expenses resulting from your choice of a different delivery method than the less expensive ordinary delivery method that we offer.
RETURNS FOR DISTRIBUTORS
Returns of material will only be accepted without unsealing and in perfect condition, during the 30 calendar days after receipt. Such returns will be processed as commercial returns, since there is no law that regulates the rights of return between companies, and such procedures are regulated according to the conditions of Esmajorcal.com. These conditions do not nullify the right to guarantee or exchange defective products.
Esmajorcal.com reserves the right to deny the return in case of detecting any anomaly in the returned product.
RETURNS OF CUSTOM PRODUCTS
Given that a good part of Esmajorcal.com products are personalized, we want to dedicate a specific section of our General Contract Conditions to this type of article. In compliance with article 45 of Law 7/1996 of January 15 on Retail Trade, there will be no right of return in the case of those goods manufactured according to the customer's specifications or that have been clearly made to measure. There will also be no right of return in the event that the damage is due to misuse.
Returns that are derived from an error whose responsibility is Regalooriginal.com or from a defect in the product are excluded from this jurisdiction. In this case, our company undertakes to exchange the defective product for an equal one in the shortest possible time. You will also take care of the return and shipping costs. In the event that the change could not be made, the amount will be refunded.
In the event of a defective product due to mismanagement by Esmajorcal.com, we will proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, procedures that will be free for the consumer and user.
If it is a change due to an error in the choice of size or color or in any of the product options, an error for which the buyer user is responsible, he will be responsible for the shipping costs back to our office.
Sometimes, the transport company returns to our facilities orders that have not been able to deliver, because the recipient of the order is absent from the postal address indicated on the package, or the postal address is incorrectly indicated, and has not been able to contact by no means. In these cases, our company notifies the user of this incident, to process a new shipment confirmed the correct postal address, which will be borne by the customer. In the event that the user does not respond to our notices, we will keep the package at our facilities for up to 6 months. After this period, the package is destroyed.
In some orders, the purchased product can be sent in a case, box or packaging adapted to said product. This case or packaging is an element provided for better protection and presentation of the product, but outside the price of the product, so that in the event of arriving broken or with any damage, it is not replaced, replaced or paid. Only the personalized product itself is the one that has repeat or return coverage in case it meets the necessary conditions (printing failure, manufacturing, etc.).
Personalized products are manufactured with the image and / or text sent by the user, in the same position, quality, resolution and measurements. The user is responsible for ensuring that the image or text sent when ordering has adequate requirements for correct manufacturing. For questions about minimum requirements, contact us.
Esmajorcal.com will not assume any responsibility for difference in color or resolution between the original image and that of the supplied product, caused by a defective quality of the original image file. Claims for reasons of aesthetic taste will not be a justified reason for any return.
The customer may request the cancellation of an order if it has not been sent. If you have already left our facilities, the cancellation request will be considered a withdrawal and must comply with the provisions in that case.
In the case of products made according to the consumer and user specifications or clearly personalized, a cancellation will not be accepted if they have already been manufactured, even if they have not been sent.
RIGHT OF ADMISSION POLICY
Esmajorcal.com reserves the right to reject or cancel orders whose texts or images contain content that is insulting, discriminatory, incites violence, that may harm children's rights or that may damage their own image. An order that meets any of these assumptions can be canceled even after the confirmation email reaches the buyer.
In the event that this occurs, Esmajorcal.com will notify the buyer of the cancellation of his order and / or will make a full refund of the amount paid.
All the content of Esmajorcal.com (from texts to photographs, through logos, designs, buttons, files, web code, etc.) is protected by intellectual and industrial property laws. The total or partial reproduction of said contents is prohibited without the express written authorization of the company.
Esmajorcal.com cannot guarantee the absence of interruptions or errors in the access to the website, although it will endeavor to avoid it and will use all the means within its reach.
The client freely and voluntarily accesses Esmajorcal.com, so the company is not responsible for any consequence, damage or harm that may arise from said access.
INTELLECTUAL PROPERTY RIGHTS
The user is responsible for the content of the images sent for the elaboration of personalized gifts, and ensures that he is the sole owner of all the rights that exist over the images sent by him. Likewise, the user guarantees that they do not violate the rights of third parties over the people or objects represented in the photos.
In general, the warranty period is 2 years from the time of purchase. For this, it is essential to have the purchase receipt, which will be used by the user to demonstrate that the product was purchased in an establishment and the date on which it was purchased appears on it. In the case of Esmajorcal.com, the email with the purchase confirmation.
The warranty does not cover defects caused by improper use of the product and / or manipulation of the same other than that necessary to establish its nature, characteristics or operation. In those cases, the consumer must take charge of its repair. Therefore, the following are excluded from the guarantee:
- Defects and damage caused by external events, accidents, wear and tear and use not in accordance with the instructions of Esmajorcal.com.
- Products modified or repaired by the client or any other person not authorized by Esmajorcal.com, as well as the products that are the subject of a specific support contract.
LITIGATION RESOLUTION / JURISDICTION
Resolution of online disputes in consumer matters in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform that is available at the following link: http: // ec. europa.eu/consumers/odr/.