GITEX Terms & Conditions
These GITEX Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.ohmabarcelona.com (the “Website“) is owned by and/or operated by or on behalf of GITEX Innova Solutions, S.L., Adolf Comeron 18 B 2.06, 08302 Mataró, Barcelona, Spain (” GITEX/we/us”).
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these GITEX Terms and Conditions and specifically by the Purchase Terms mentioned below.
- Purchase Terms
Please read these Purchase Terms carefully before ordering Products online from the GITEX Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do these Purchase Terms apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by GITEX. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from GITEX. It is only possible to deviate from these Purchase Terms if agreed in writing by GITEX.
2.2 Requirements to conclude a contract with GITEX
You have to be 16 years of age or older to buy Products via the Website. You can only order on the Website if you are a consumer, not a reseller. You guarantee that the information you provide to GITEX in the request or order is accurate and complete.
2.3 How is a contract concluded with you?
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
GITEX is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If GITEX does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by GITEX. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- (a) If Products are shown on the Website but are not available;
- (b) If we are unable to obtain authorisation of your payment;
- (c) If shipping restrictions may apply to a Product ;
- (d) If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.
2.4 Retention of title
All Products will remain the property of GITEX until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 Cancelling your order
Because we always try to process all orders as fast as possible, it is only possible to cancel an order by calling our customer service without delay after placing the order. Our customer service phone number is: 931156587/673421083 (de lunes a viernes de 9:00 a 18:00)
The stated prices include VAT. Prices are quoted in euros (EUR). GITEX reserves the right to make price changes prior to an order placed by you.
GITEX reserves the right to change, limit or terminate any special offers or discounts at any time.
GITEX charge delivery costs. The delivery costs vary for each Product and type of delivery. Where applicable delivery may be “Express delivery”; “Standard delivery”, “mi GITEX delivery” and “Combined delivery” (Standard and Simply Customised Products, no mi GITEX)
For further cost details, please see delivery section on our Website. These costs will, if applicable, be charged separately, itemised and added up with the total amount of the order.
2.7 Methods of payment
Please check the Website for information on available payment methods.
GITEX reserves the right to conduct an individual credit check for each order in accordance with the GITEX privacy statement. Depending on the results of this check, GITEX reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, GITEX reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
- Limitation of liability
Your use of the Website is at your own risk. Neither GITEX, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if GITEX has been advised of the possibility of any such damages.
- Links to third parties
- User generated content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, GITEX shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that GITEX only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. GITEX shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall GITEX be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of GITEX. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep GITEX and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by GITEX or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
GITEX reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which GITEX believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to GITEX.
You agree to promptly notify GITEX in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to GITEX sufficient information to enable GITEX to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. GITEX agrees to make good faith efforts to investigate such complaint and shall take such action as GITEX in its sole discretion decides. However, GITEX does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
4.4 Data protection
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our privacy statement.
4.7 Events beyond reasonable control
GITEX will be not held responsible for any delay or failure to perform or comply with our obligations under the GITEX terms and conditions when the delay or failure arises from any cause which is beyond GITEX’ reasonable control.
4.8 Applicable law and jurisdiction
The GITEX Terms and Conditions shall be governed by the laws of Spain. Spanish law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
You and GITEX hereby submit to the non-exclusive jurisdiction of the Spanish.