Terms and Conditions of Purchase
When contracting with Grip Film Enterprise S.L. (hereinafter referred to as "Grip Film" or the "Seller") it is essential to read the present General Terms and Conditions of Business which apply to the services offered by the Seller.
These Terms and Conditions constitute the entire agreement between the Buyer and Grip Film, please read them carefully.
Grip Film reserves the right to modify or change these Terms and Conditions at any time. In case of a substantial modification or when required by applicable regulations, Users with a current relationship will be notified.
Owner: Grip Film Enterprise S.L.
Registered Address: Calle/ La industria 20-B, 50410 Cuarte de Huerva, Zaragoza
Phone: +34 655 250 628
Registration details: ZARAGOZA Trade Register T 4406, F 208, S 8, H Z 65540.
- PURPOSE OF THE TERMS Y CONDITIONS
The present Terms and Conditions are intended to regulate the business relationship between the Buyer and Grip Film. Specifically, the present clauses are established as the regulatory bases that will be applicable once the User proceeds to purchase any of the products offered on the Website.
- ACCESS TO THE SERVICE
The Buyer may proceed to purchase the products offered on the Website through prior registration or by providing their details prior to making the purchase.
- By registration and access to the Website
It is a requirement to register as a User to be over eighteen (18) years old and to have provided all the required data and catalogued as obligatory.
Likewise, the User assumes that the password and User account are personal and non-transferable.
The User will provide the password in accordance with the rules of robustness and complexity established at each moment by Grip Film. The password created by the User will have unlimited temporary validity, only subject to the time that the User's account remains active.
Notwithstanding the above, the User may modify his password at any time, by means of the tools made available by Grip Film through the User area.
The User agrees to make diligent use of his/her password and to keep it secret, and may not transmit it to any third party. Consequently, the Users will be responsible for the adequate custody and confidentiality of any identifiers and/or passwords that they have selected as registered Users, and they agree not to cede their use to third parties, either temporarily or permanently, nor to allow third party access to their account. The User shall be responsible for the lawful use of their account, and shall be liable for any damages caused by a third party accessing their account using their access credentials.
By virtue of the above, it is the obligation of the User to immediately notify Grip Film of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to the same, with the aim of proceeding to their immediate cancellation. As long as such facts are not reported, Gripfilm is exempt from any liability that may arise from the misuse of the identifiers or passwords by unauthorised third parties.
- At the time of purchase
El Comprador podrá introducir los datos de facturación y envío una vez proceda a su compra. Los datos introducidos por el Comprador deberán ser verdaderos, quedando Grip Film libre de responsabilidad en los casos en los que el Comprador, ya sea de forma voluntaria o involuntaria, introduzca datos que no se corresponden con la realidad.
Access as a registered user of the Platform will begin after entering the data required for registration and after acceptance of these Terms and Conditions. Access as a user will remain in force until the User's cancellation request.
The sales prices on the product sheet are shown without VAT. In all cases the prices are expressed in Euros and do not include transport costs.
The prices shown on the Web Site correspond to an assigned rate with annual validity. Some products may suffer price variations depending on cost fluctuations in the market.
Grip Film reserves the right to vary the rate assigned to each product, without prior notice.
The goods will be invoiced, as a general rule, at the price of the tariff in force at the time of the order, except for promotions and/or campaigns.
Grip Film mainly delivers to addresses in Spain, other European Union member states and non-EU countries.
The delivery time of the orders varies depending on the location of the Buyer. That is why we recommend that you contact us through our contact form in order to provide you with more information.
Some special, heavy or bulky items require special handling and their delivery could be delayed compared to the normal delivery time, with prior notice from Grip Film. This feature is indicated in the file of each article.
Delays in delivery will entitle the customer to cancel the order placed and receive an immediate refund of the amount paid by the customer.
Under no circumstances will delays in delivery entitle the customer to compensation of any kind.
Grip Film reminds the User of the legal obligation of the recipient (article 366 of the Commercial Code), to verify the goods at the time of delivery.
In case of visible defects, never sign for the goods as being in conformity, but make an immediate claim to the carrier by means of a written reservation on the carrier's delivery note.
If the goods have been damaged during transport to the point of being unusable, the recipient is not obliged to accept them.
Whether due to visible signs of transport damage, hidden damage inside the package or preparation errors, the customer must contact Grip Film within 2 working days of delivery via our form. Claims made subsequently will not be valid.
Grip Film does not take charge of the assembly or installation of any of the articles that are supplied, except for those that are indicated.
- SHIPPING CHARGES
The Buyer will be able to know the shipping costs once the products have been selected prior to the formalization of the purchase. The amount of the same ones varies according to the location of the Buyer.
If the above limits are exceeded, the customer will be informed about the total cost of the shipment and the delivery time, before making the shipment.
- PRODUCT WARANTY
In the case of a defective product, the Buyer must inform Grip Film of the non-conformity within two months of becoming aware of it. In addition to this information, Grip Film will provide the Consumer with information on the existence and conditions of after-sales services and commercial guarantees if any.
Grip Film will evaluate each case in detail with the objective of determining the causes that have led to the damage to the products purchased by the Buyer in order to facilitate a response as soon as possible.
Returns for any reason must be processed through any of the contact methods established at the beginning of this document. In order to proceed with the return, it will be necessary to have the purchase order and the Buyer's identification data.
There are several return situations:
- i) Originated by incidence of transport, defective merchandise or error of preparation:
If, once the order has been received, the client observes damage derived from transport, or the products are defective, or there are preparation errors, it will be advisable to inform us within a maximum of 2 working days from the receipt of the order. Never sign for the goods as being in conformity but make an immediate claim to the carrier by means of a written reservation on the carrier's delivery note if visible transport damage is observed (see previous section). In the latter case, it is very effective to take a photograph of the package received damaged by transport and to attach it as proof.
Grip Film will take care of the replacement order and organize the collection, informing the customer of the estimated date of both procedures.
- ii) Originated by a change of mind of the Client (satisfaction guarantee):
The client has 14 calendar days from the reception of the order to request the total or partial return of their products, as long as they are kept in perfect condition, unused, within their original packaging, with all their accessories; and in compliance with the conditions required by Law 47/2002, which regulates the organization of commerce. If the original packaging is not kept in perfect condition for resale, the product could suffer a depreciation.
The returned products must be packed as in origin and over-packed before being delivered to the carrier.
The amount of the transport costs arising from the return will be borne by the Buyer.
No returns will be accepted for custom-made products that have required assembly
Once the goods have been received and it has been checked that they are unused and in perfect condition, the amount will be refunded minus the transport and management costs (if any), by means of a negative invoice.
Grip Film reserves the right to pay a lower amount if the material does not arrive in perfect condition or with all its accessories or complements.
Payment is understood to be in cash and will be made through Paypal, Stripe or Shopify Payments. Once the payment is validated, Grip Films will proceed to the shipment of the products purchased by the Buyer.
As far as taxation is concerned, the Buyer should be aware that:
- a) Within the European Union:
-if the Buyer is a businessman it would be an intra-community delivery that is subject but exempt, the invoice issued with the Spanish NIF-IVA does not include VAT. It must include a reference to article 25.One of Law 37/1992 and/or indicate that the transaction is exempt (art. 6.1.j) of Royal Decree 1619/2012 of 30 November).
-if the Buyer is a private individual and the transport is not carried out by Grip Film The delivery is subject to Spanish VAT in the territory of application. The invoice issued carries VAT.
-If the Buyer is a private individual and the transport is carried out by Grip Film, the amount of the sales made to the other Member State exceeds the distance selling threshold or Grip Film has opted for taxation in that Member State, the supply is not subject in the territory of application of Spanish VAT, it is subject in the Member State of arrival of the goods, according to the criteria set out in Directive 2006/112/EC and the national regulations resulting from the transposition thereof. The invoice issued does not include Spanish VAT. VAT will be charged in the Member State where the transaction is located.
-if the Buyer is a private individual, the transport if carried out by Grip Film, the amount of the sales made to the other Member State does not exceed the threshold for distance sales or Grip Film has not opted for taxation in that Member State, the supply is subject to Spanish VAT. The invoice issued bears VAT.
- b) Outside the European Union
The delivery is subject to Spanish VAT in the territory of application of the Spanish VAT but exempt as it is an export. The exporter must present the Customs Declaration at the Spanish Customs. To do so, he must have a registration and economic operators' identification number (EORI number) assigned by the customs authority. He must also declare the tax base in box 60 of form 303, box 72 of form 322.
The invoice issued does not contain VAT. It must include a reference to Article 21 of Law 37/1992 and/or indicate that the transaction is exempt (Article 6(1)(j) of Royal Decree 1619/2012 of 30 November).
- SUSPENSION Y CANCELLATION
Any person who, having been registered as such, ceases to comply with all or some of the conditions set out in section III above, as well as any person who
- Generates or facilitates the generation of artificial traffic to the linked websites, including the execution, visualization or clicking of banners by himself/herself or under his/her order or incitement;
- Uses incentivized traffic, e-mail marketing, keyword marketing or search engine advertising without the prior express authorization of Grip Film;
- Modify advertising content without the prior express authorization of Grip Film;
- Alter in any way the real data of efficiency or effectiveness of the campaigns and/or give them altered to Grip Film;
- Fails to comply with the terms set out in these Terms and Conditions.
The user may request to be voluntarily removed at any time, losing this condition ten (10) calendar days after the request is received by Grip Film. The user will make the request for cancellation by sending an email to email@example.com.
Grip Film reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with previous notification, to the Users that contravene any of the dispositions detailed in the present Terms and Conditions, without the possibility of the User demanding any compensation for this cause. The suspension will become effective ten (10) calendar days after Grip Film has sent the appropriate notification.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, domain name, trademarks, distinctive signs and logos that intervene or are related to the service of these Terms and Conditions, except for elements published by authorization, are the property of their respective owners.
None of the elements under the ownership of Grip Film or its collaborators may be totally or partially reproduced, distributed, transformed, exploited or commercialised by the user or by third parties without the express authorisation of the owner. The contents, brands or logos that are not owned by the Users belong to their respective owners, who are responsible for their ownership or in case of any controversy that may arise.
- NON-DISCLOSURE AND DATA PROTECTION
Both the Users and Grip Film are obliged to maintain secrecy regarding all information, principal or accessory, exchanged in order to carry out the service of the present Terms and Conditions, both during the validity of the same as well as once it has ended.
Both Users and Grip Film declare to know and comply with the Spanish and European legislation applicable to data protection. In the event that compliance with the present Terms and Conditions requires the processing of personal data, this will be done in accordance with said regulations.
The physical persons that act in this document in representation of the Users accept that their respective data provided in the development of these Terms and Conditions (including the corresponding form) will be treated by Grip Film with the purpose of managing the present contractual relationship, being able to exercise their rights of access to their personal data, their rectification or deletion, or to oppose the processing, así́ as, where appropriate, the right to the portability of data by requesting it in writing at the addresses indicated at the beginning of these Terms and Conditions and, if appropriate, to file a complaint with the Spanish Data Protection Agency. The period of conservation of such data will be the time necessary to maintain the commercial relationship and once it is over, the time necessary for the relevant legal actions.
- LIMITATION OF LIABILITY
Since Grip Film cannot guarantee the validity and veracity of the information provided by its Users, it rejects responsibility for any false information, as well as responsibility derived from the distribution and misuse of the same.
In the event that Grip Film provides Users with certain documentation with content, the reliability of the same is not guaranteed, nor can it be considered under any circumstances as legal or other advice.
The language of interpretation of the present General Conditions of Contracting will be Spanish (Spain).
The headings of the various clauses are for information only and shall not affect, qualify or extend the interpretation of these Terms and Conditions. Likewise, Grip Film will be able to modify the conditions stipulated here, totally or partially, publishing any change in the same form in which they appear or through any type of communication directed to the Users.
The temporary validity of the present Terms and Conditions coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Terms and Conditions will become effective.
Gip Film may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility of the user demanding any compensation whatsoever. After such termination, the specifications for the use of the contents set forth above in these Terms and Conditions shall remain in force.
In the event that any provision of these Terms and Conditions is declared null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity shall not affect the remaining provisions.
The failure of Grip Film to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Grip Film.
The present Terms and Conditions will be kept in electronic format by Grip Film and will remain permanently available to the User.
- JURISDICTION AND APPLICABLE LAW
All litigious matters arising from the interpretation or application of the same shall be settled in accordance with Spanish law and before the Courts and Tribunals of Zaragoza (Spain).
- COMPLAINT SYSTEM
To file complaints on the use of our services, you can send an e-mail to the following address: firstname.lastname@example.org, committing us to seeking an amicable solution to the conflict at all times.
Last modification: May 14, 2020