TERMS AND CONDITIONS

Welcome to the website www.ganafotecup.com . Access to Ganafotecup.com and its use, as well as the purchase of products, implies the reading, knowledge and acceptance of these General Conditions of Use (hereinafter, Terms of Use).

Products purchased on ganafotecup.com are sold directly by Gañafote.

COMMERCIAL POLICY

1.1 Ganafotecup.com offers the products for sale on Ganafotecup.com, exclusively to users over 18 years and empowered with sufficient legal capacity to be bound by these Terms of Use. Likewise, the user accepts expressly and without exception that access to and use of the website, its services and content is done under his sole and exclusive responsibility. If you are not a final consumer, we invite you to refrain from carrying out commercial transactions in ganafotecup.com.

1.2 Ganafotecup.com reserves the right to refuse orders placed by users who do not comply with the provisions of the previous point.

1.3 These Terms of Use exclusively govern the offer, acceptance of purchase orders and shipment of products to users of Ganafotecup.com.

1.4 Ganafotecup.com reserves the right to modify, at any time, the configuration of this website, as well as the conditions of the service and its content, and the right to remove, limit or suspend it temporarily or permanently, or prevent access to it, trying to inform the user of these changes, whenever circumstances permit, by publishing them on the website.

1.5 Ganafotecup.com does not guarantee, either directly or indirectly, the content offered by third parties, nor the truthfulness, reliability, accuracy, timeliness or suitability of this information for use by users or any other person. The intellectual property rights on this website are owned by Ganafotecup.com. The exclusive rights of reproduction, distribution, public communication and transformation belong to this company.

TYPES OF USERS AND HOW TO PLACE AN ORDER

2.1 On the website you will find information about the products and services offered and about the possibility of contracting them. In order to correctly process orders, the user must provide the data requested for this purpose and must adhere to these terms of use in the version published at the time of accessing the website. Ganafotecup.com guarantees the adoption of the necessary measures for the processing of personal data in accordance with the provisions of Law 15/1999 on the Protection of Personal Data. The personal data that you provide us, as well as your e-mail address will be included in the files "Clients" and "Commercial Prospecting", property of Gañafote, whose purposes are to manage the data referred to clients, and the management of data referred to activities and commercial campaigns (e-mailing, web, postal mail, sms, posters, etc), respectively. You can exercise your rights of Access, Rectification, Cancellation and Opposition by writing to Gañafote , Calle Jesús del Calvario, 4, 21001 - Huelva, Spain or by mail to info@ganafote.com (indicating in the subject "LOPD"). Browsing the website does not require the condition of user, but the visitor must comply with the Terms of Use of the website specified here. Access to the website is conditional upon the prior reading and acceptance by any user of the terms, conditions and policies contained in the Legal Information section of this website.

2.2. As indicated above, before proceeding with the purchase of products by transmitting the order form, the user will be asked to carefully read and expressly accept these terms of use. We recommend all users to print a copy and to file or reproduce another copy for their personal use.

2.3. To place an order for one or more products in Ganafotecup.com, the user must follow the steps indicated in the purchase process, filling in the requested data, confirming the purchase of the products added to the "Order" section and making the payment of the order. When confirming the purchase of the products added to the "Order", the user will have all the information related to the order being processed (including the cost associated with the transport of the order to the indicated address) and all the corresponding contractual data.

2.4 The user who purchases products on the website, agrees to pay at the time you confirm the purchase. Thus, the order will not be processed until such time as Ganafotecup.com receives the conformity of payment.

2.5 Once the order has been placed, the user will receive by e-mail a confirmation that the order has been placed, detailing the products purchased and their prices, shipping costs, payment method, shipping address and other contractual data of the transaction.

2.6 Orders will be stored in the database of Ganafotecup.com for a period of time not exceeding the limits established by law.

2.7 Ganafotecup.com may refrain from processing orders submitted by users who do not present sufficient guarantees of solvency, which prove to be incomplete or incorrect, those whose payment confirmation is not received within 48 hours, and also in case the selected products are not available. In such cases, Ganafotecup.com will inform the user by email that the Order has not been processed correctly, specifying the reasons for this, and, where appropriate, will refund the amount that has been advanced by the unavailable products.

PRODUCTS AND PRICES

3.1 Only Ganafotecup.com branded products are for sale on Ganafotecup.com.

3.2 Ganafotecup.com reserves the right to decide, at any time, the products offered through Ganafotecup.com. In particular, Gañafofote may, at any time, add or remove products from the online store.

3.3 The essential characteristics of the products are presented on Ganafotecup.com within each product sheet. Despite the scrupulous care taken by Ganafotecup.com in their faithful reproduction, the images and colors of the products offered for sale on Ganafotecup.com may not, however, faithfully reflect reality, due to the specific characteristics of the Internet browser or the screen used by the user.

3.4 The prices of the products for sale in Ganafotecup.com always appear in euros with the corresponding VAT (21%) broken down. To these prices will be added the relevant shipping costs in the event that they are shipments outside the peninsula. Shipping rates will be communicated to the user when placing the order, and must be accepted by the user when confirming the purchase.

3.5 Product prices may be subject to updates. The prices that Ganafotecup.com will apply to each order will be those in effect at the time the user confirms the purchase of the products added to the "Order", regardless of the day on which delivery is made. Ganafotecup.com recommends to make sure what is the final sale price before confirming the order.

PAYMENT METHOD

4.1 The user who purchases products on the website agrees to pay at the time he/she confirms the purchase.

4.2 The payment of the price of the products and the respective shipping costs can be made by PAYPAL, and by credit cards (VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS). Ganafotecup.com is committed to using the most efficient and secure methods of current technology to transmit data and payments for each transaction.

4.3 In case the user makes the payment by credit card, the bank details will be transmitted via a secure protocol to PAYPAL or other providers of the respective remote electronic payment services, without any third party being able to access them in any case. Such data will never be used by Ganafotecup.com other than to complete the procedures related to the purchase, to issue the corresponding refunds in case of eventual returns and to prevent and inform the police forces in case of any fraud committed on Ganafotecup.com by the buyer.

4.4 The purchase price of the products and the shipping costs will be debited to the user's current account at the time of order confirmation.

4.5 Within a maximum period of 48 working hours from receipt of payment confirmation, Ganafotecup.com will send the user, via email, a confirmation of purchase, including the order number. This confirmation is not valid as an invoice, only as proof of purchase.

4.6 The invoice corresponding to the purchase made will only be sent to the customer if he/she explicitly requests it. Credit card fraud is a crime, and Gañafote will take legal action against anyone who makes a fraudulent transaction in our store.

SHIPPING AND DELIVERY OF PRODUCTS

5.1 Ganafotecup.com undertakes to deliver the products in perfect condition at the address indicated by the user in the order form, within normal business hours.

5.2 Ganafotecup.com shall not be liable for errors caused in the delivery when the shipping address entered by the user in the order form does not conform to reality or is erroneous.

5.3 The maximum time limit for deliveries is thirty (30) days, established by default in the Law. However, the usual delivery time is 2-7 working days from the date of the order.

• These deadlines are average and, therefore, an estimate. It is therefore possible that they may vary for logistical reasons or force majeure. In case of delays in deliveries, Ganafotecup.com will inform its customers as soon as it becomes aware of it.
• Each delivery is considered to have been made from the moment in which the transport company makes the product available to the user, which is materialized through the control system used by the transport company.
• In the case of delays in the delivery of orders attributable to Ganafotecup.com, the user may cancel your order as long as it has not left the warehouse in accordance with the procedure described in the section Changes and Returns. Delays in delivery will not be considered in cases where the order has been made available to the user by the carrier within the agreed time and could not be delivered for reasons attributable to the user.

5.4 If at the time of delivery the user is absent, the carrier shall leave a receipt indicating how to proceed to arrange a new delivery.

5.5 If after 7 working days from the delivery of the order has not been arranged delivery, the user must contact Ganafotecup.com. If the user does not do so, after 10 working days from the departure to delivery of the order, it will be returned to the warehouses of Ganafotecup.com and the user must bear the cost of shipping and return to origin of the goods, as well as any associated management costs.

5.6 If delivery could not be made due to loss of the package, our carrier will initiate an investigation. In such cases, Ganafotecup.com will contact the user to decide whether to cancel the order and pay the amount paid (cost of products and shipping costs), or to resend a new order at no additional cost.

5.7 At the time of delivery, the user must check the good condition of the package to the transport company that, on behalf of Ganafotecup.com, make the delivery of the product, indicating on the delivery note any anomaly that could be detected in the packaging. If later, after reviewing the product, the user detects any incident such as blow, breakage or any damage caused by the shipment, it must communicate by e-mail to Ganafotecup.com through the address info@Ganafotecup.com in the shortest possible time (maximum 24 hours), in order to process the return provided it has not been used and is in the same condition of receipt.

WARRANTY

6.1 Users benefit from the guarantee offered by the firm Ganafotecup.com, in accordance with Law 7/1996 of January 15, 1996, on the Regulation of Retail Trade.

6.2 Defects or damage due to incorrect use or handling of the articles or wear and tear caused by normal use of the same are not included in this warranty, nor is damage or incorrect use of the washing instructions that come with each garment.

PRODUCT RETURNS AND EXCHANGES

7.1 The User shall have a period of fifteen (15) working days, according to the official calendar of his place of residence, to return the order. For this purpose, the User must send the product in perfect condition and in its original packaging, including everything that had been sent with it and its labels in perfect condition, to the address of Ganafotecup.com in Calle Jesus del Calvario, 4, 21001 - Huelva. Exercised by the User the right of return, Ganafotecup.com, will return the amounts received by credit, without any retention and within a period not exceeding thirty days. Notwithstanding the foregoing, the right of withdrawal and / or resolution is excluded in those cases where, by the very nature of the items purchased, it is impossible to carry it out.

7.2 It is possible to exchange one product for another, only the desired product must be in stock.

7.3 The return shipping costs are borne by the company, only in the case of domestic shipments to the Peninsula. For all other destinations, the return costs are borne by the user.

7.4 For a return to be accepted, the products to be returned must meet the following requirements:

• The unwanted product must be in the same condition in which it was delivered, and must retain its original labeling and packaging.
• The unwanted product must be returned using the same cardboard envelope in which it was received to protect the product, or failing that, in a similar envelope so that the product arrives at our warehouse with the maximum possible guarantees.

7.5 If the requirements of the previous point have been respected, Ganafotecup.com will send the user an e-mail confirming acceptance of the return, and will proceed to credit the amount of the returned products. The shipping costs of the order will only be refunded in the case of defective or incorrect products.

CUSTOMER SERVICE

8.1 For any clarification, incident or complaint, the user can contact the Customer Service of Ganafotecup.com, accessing the "Contact" section, located at the bottom of the page Ganafotecup.com and selecting the appropriate option. By e-mail to info@ganafotecup.com

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

9.1 All elements and contents of Ganafotecup.com and of each of the products, such as images, photographs, text, music, sounds, videos, documents, logos and any other material, in any format, published on Ganafotecup.com (including menus, web pages, graphics, colors, schemes, tools, characters, website design, diagrams, structure, selection, arrangement and presentation of content, methods, processes, functions and software that are part of Ganafotecup.com) are protected by copyright and other intellectual and industrial property rights of Ganafotecup.com. Similarly, the website is considered a computer program and, as such, is also protected by the legislation on intellectual and industrial property rights. Access to the website or obtaining the status of user does not imply a grant of licenses or authorizations on the aforementioned intellectual and industrial property rights.

9.2 The user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, allow access to the public through any form of public communication, or perform any other action prohibited by the regulations on intellectual and industrial property on any of the elements referred to in the preceding paragraph, except with the express consent of Ganafotecup.com. The user must use the materials, elements, content and information accessed through the use of Ganafotecup.com only for their own needs, agreeing not to make any direct or indirect commercial exploitation of such elements.

NOTICE ABOUT CONTENTS

10.1 Ganafotecup.com has taken all measures within its power to prevent the publication on Ganafotecup.com of content that describes or

represent scenes or situations of physical or psychological violence, or such that, according to the sensitivity of Ganafotecup.com users, may be considered harmful to civic convictions, human rights or dignity of persons in any of its forms and expressions.

10.2 Ganafotecup.com has also taken all reasonable precautions to ensure its users that Ganafotecup.com content is maintained and does not contain information that is incorrect or out of date as of the date of its publication on the website (and, to the extent possible, thereafter).

10.3 Although Ganafotecup.com tries to do its best to ensure continuous access to the website itself, the dynamic nature of the Internet and its contents may not allow Ganafotecup.com to operate without interruptions or discontinuities due to the need to make updates to the website. Ganafotecup.com cannot guarantee to its users that the website will operate continuously and without interruptions, errors or malfunctions due to the Internet connection. If you encounter any problem while using Ganafotecup.com, please contact our Customer Service Department by sending an e-mail to info@ganafotecup.com and we will try to solve the problem.

10.4 Users are fully responsible for their conduct, when accessing the information on the website, while browsing it, as well as after accessing it. Therefore, users are solely responsible to Ganafotecup.com and third parties for:

• the consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content of the website, whether or not produced by Ganafotecup.com, whether or not published under its name in an official manner;
• as well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the website or its services or prevent normal enjoyment by other users.

10.5 Ganafotecup.com or to remove, limit or prevent access to them, temporarily or permanently, as well as deny access to the website to users who misuse the contents and / or violate any of the conditions that appear in this document.

10.6 Ganafotecup.com informs that it does not guarantee:

• that access to the website and/or linked websites is uninterrupted or error-free.
• Despite having taken all necessary measures, Ganafotecup.com cannot ensure that the content or software that users access through the website or linked websites does not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in the electronic documents and files stored in your computer system or cause any other type of damage.
• The use that users may make of the information or content of this website or linked websites for their personal purposes.

Links to other Web Sites

11.1 The Ganafotecup.com online store may contain hyperlinks (known as "links") to other websites that may have no relationship with Ganafotecup.com .

11.2 The purpose of these links is to assist the user during their searches and navigation, as well as to expedite the hypertext connection to other websites. The activation of the links does not imply any recommendation or suggestion by Ganafotecup.com regarding access to these websites or browsing their pages, nor any guarantee about their contents, their services or the goods they provide and sell to Internet Users.

11.3 Ganafotecup.com does not control such websites or their contents, nor does it carry out operations to monitor them. Ganafotecup.com can not be held responsible for the contents of these websites or the rules they adopt with respect to user privacy or the processing of personal data while browsing them.

11.4 These Terms of Use and Ganafotecup.com's privacy policy do not apply to websites operated by third parties other than Ganafotecup.com.

PRIVACY

12.1 We ask all users to carefully read the privacy policy that applies even in the case of accessing and browsing Ganafotecup.com, even without purchasing any product.

MODIFICATION AND UPDATING OF CONDITIONS

13.1 Ganafotecup.com reserves the right to modify these Terms of Use at any time, without prior notice to the user, which in any case, is solely responsible for reviewing them as a prerequisite and indispensable to the acquisition of any product available through Ganafotecup.com. In any case, the Terms of Use that were exposed on the web at the time the user acquires the corresponding products will be considered valid and applicable.

13.2 In the event that any provision of these Terms of Use is declared invalid, the remaining provisions shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms. Ganafotecup.com may not exercise any of the rights and powers conferred on this document which does not imply in any case the waiver of the same unless expressly recognized by Ganafotecup.com legal prescription of the action in each case.

14 Applicable Law and Dispute Resolution

14.1 These Terms of Use are governed by Spanish law, in accordance with the provisions of Law 7/1998, of April 13, 1998, on General Contracting Conditions, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data, Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade and Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce.

14.2 To resolve any dispute or conflict arising from these Terms of Use, Ganafotecup.com is subject to the criteria for determining jurisdiction established in the applicable legislation on consumers and users.