1. General
These terms and conditions apply to all of our contracts and services. GABBI-ART.com reserves the right to amend these terms and conditions at any time. By placing an order for products from our range, you accept these terms and conditions. Any deviation on the part of the customer will only be accepted if we have agreed to them in writing.
2. Offer and Prices
Contracts can be entered into in either English or German. All offers on this website are non-binding. The representation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The images in our shop may deviate slightly from the actual products, in particular the colour, depending on your monitor settings.
By clicking the order button, you are placing a binding order for the goods contained in your shopping basket. Once your order has been placed, you will immediately receive confirmation and acceptance of your order by automated e-mail. This e-mail forms the sales contract. Any product which
GABBI-ART.com does not have in stock must first be ordered from the manufacturer or supplier. Any possible sales contract is only formed on the condition of delivery by our suppliers. If a product is no longer produced or cannot be delivered by our suppliers, within five days of being notified, the customer can inform us which alternative model they would like, or alternatively withdraw from the contract. In the former case, the delivery time begins anew for the requested items. If the item has already been paid for, and if the customer withdraws from the contract, they will be reimbursed with the full amount within ten days at the latest. If the customer requests an alternative item which costs less than the original item ordered, they will be reimbursed with the difference in price within ten days at the latest. If the alternative item costs more than the original item ordered, the difference will be added to the invoice and payable within five days.
When ordering clothing, it is the sole responsibility of the customer to ensure they order the correct model as required (colour, size etc.). Dresses usually have a size chart indicating the individual sizes, allowing the customer to determine the correct size themselves. In the case of made-to-measure orders, the product will include a list of the sizing information we require from the customer for the order. The customer is responsible for establishing their size according to the guidelines which can be found on our website and with each item.
The valid price is the price listed at the time the order is placed. Price fluctuations during order fulfilment or due to a change in the exchange rate cannot be considered. All prices include 18% value added tax (ITV). There are no additional costs such as customs duty or import fees.
3. Terms of Payment
In general, the customer is obliged to pay the purchase price in advance (bank transfer or credit card via Paypal). Payment of the purchase price is due immediately and must be made within five working days of completion of the order. If the customer selects the Paypal or Credit Card payment method, the customer bears any fees incurred from Paypal (3.5% of the value of goods, plus 0.35 €). These fees are indicated both during the ordering process and in the final invoice. Payment by credit card via Paypal requires a Paypal account, which can be set up free of charge if a customer does not already have one. For the setting up of a Paypal account and payment via Paypal, Paypal
privacy policy und
legal agreements apply.
Public institutions or firms can pay on account, providing an order is received on official headed paper from an authorised person. Such invoices are payable within 30 days of the invoice date. The items remain the property of GABBI-ART.com until full payment has been received.
If, despite a duty of payment, payment is not made by the due date, the customer will be firstly contacted by post with a request to pay the outstanding balance (first reminder). If a customer must be reminded by post, it will result in a reminder charge of 10 € (second reminder). Only one reminder by post will be made, following which the legal route will be taken.
4. Delivery / Part Delivery
The customer pays all delivery and dispatch costs. Delivery costs within Europe are a flat rate of 6 €. You can also collect your order in person from our studio in IBIZA, thereby avoiding any delivery costs. Once your items have arrived, we will notify you by e-mail and arrange an appointment. You can find further information on delivery and dispatch
here.
Any possible damage in transit must be reported immediately to the transport firm and a damage form completed. We accept no responsibility for any damage in transit which cannot be supported by a damage log.
Wherever possible, GABBI-ART.com will send the complete order. The buyer agrees to be prepared to accept part delivery.
5. Delivery times and scope
Delivery times depend on the product and are particular to each individual item. If payment is by the due date, delivery usually takes 1-3 weeks.
GABBI-ART.com is only liable for complying with a specified delivery date (ìDelivery by ... at the latestî) if compliance with this date is confirmed in writing and payment of the complete purchase price is received by GABBI-ART.com by the due date. If a binding dispatch or delivery time is exceeded, despite complete and on time payment, the customer is at liberty to extend the delivery time or withdraw from the contract. In the latter case, the customer will be reimbursed with the complete amount within 10 days at the latest. You can find further information on delivery and dispatch
here.
On receipt of the order, the customer must immediately check that it is complete, and notify GABBI-ART.com in writing within three days at the latest if the delivery is incomplete. See section 4 for damage in transit.
6. Non-acceptance of delivery / unable to deliver
If the customer refuses to accept a delivery, GABBI-ART.com reserves the right to charge them for delivery costs in both directions, as well as a handling fee of 15 € including VAT. The contract is thereby automatically cancelled.
7. Guarantee / Warranty due to faulty goods
GABBI-ART.com only offers a guarantee for the suitability of an item for its intended purpose. The guarantee period begins on the date of purchase or the day the item is handed over. The buyer is obliged to notify GABBI-ART.com of any faults within three days after receiving the item, and follow their instructions. Any guarantee expires after the three day period. If the customer undertakes either their own repairs, or repairs through a third party, or ignores GABBI-ART.comís instructions, entitlement to a guarantee is forfeited. GABBI-ART.com is entitled to choose whether to either rectify any faults or provide a replacement. In this case, the customer cannot cancel, reduce, withdraw or claim for compensation. As a rule, GABBI-ART.com grants no right of return if items do not fit the customer, as the product descriptions and measurements fundamentally correspond to the size charts or, in the case of made-to-measure orders, to the measurements provided by the customer (see section 2).
8. Copyright
All text, images and graphics are protected by copyright laws and other laws for the protection of intellectual property. They may not be copied or altered for either private use, commercial purposes or use on websites, or for any other purpose. Certain items also include images which are protected by the copyright of their respective providers. All images, as well as photographs, text and graphics in the entire shop are the copyright of GABBI-ART.com. Any publication or use of the data, not including journalistic coverage, is only permitted with explicit written permission from GABBI-ART.com and acknowledgement of sources.
9. Liability
Despite the careful monitoring of content, GABBI-ART.com accepts no liability for the content of external links. The content of external websites is the sole responsibility of the respective operator.
10. Jurisdiction / Governing Law
All legal relations and contracts between GABBI-ART.com and the customer are governed exclusively by Spain law. The Vienna Convention on International Sale of Goods does not apply. Jurisdiction is Spain (IBIZA - Baleares).
11. Final Provisions
Should one or several of the sections in these terms and conditions be entirely, or partly, invalid, or later lose its validity, the validity of the other sections remains unaffected.
IBIZA 17th of July 2012
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