Terms of service
GOMEZ-GRACIA is a trading name of The PMGG LTD., a company registered in England and Wales under registration number 6836364. Our registered address is 19 BASELINE STUDIOS, WHITCHURCH ROAD, LONDON, W11 4AT. Our VAT number is 918 966 763.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
• To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
ELIGIBILITY TO PURCHASE
• In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the PMGG LTD. terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PMGG LTD., whose applications are acceptable to PMGG LTD. and who have authorized PMGG LTD. to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, PMGG LTD. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where PMGG LTD. feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
• All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
PMGG LTD. offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our manufacturers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once our stock has been delivered to PMGG LTD.. PMGG LTD. will only take Advance Purchase orders for stock that has been scheduled for delivery by a manufacturer. Your rights regarding Advance Purchase are the same as those for any other purchase at PMGG LTD.. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
PMGG LTD. will store a record of your transactions for a minimum of one year.
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• Prices shown on the Site are in GBP / USD / EURO and are inclusive of VAT at the applicable rate.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. These prices are subject to change if the applicable currency exchange rate changes.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or USD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
• PMGG LTD. is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your PMGG LTD. account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
• Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and PMGG LTD. will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of PMGG LTD.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
• We accept Visa, MasterCard, American Express, Maestro, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to GOMEZ-GRACIA.COM. Payment will be debited and cleared from your account upon dispatch of your order by PMGG LTD.. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to PMGG LTD., we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered PMGG LTD. user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, PMGG LTD. uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
• PMGG LTD. Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
1 Gift Cards are valid for 12 months from date of purchase.
2 Gift Cards can be redeemed against all products on the the www.GOMEZ-GRACIA.COM site.
3 Gift Cards are non-transferable, can only be used on the PMGG LTD. site for which they are issued and may not be returned or redeemed for cash.
4 If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance by contacting our customer services.
5 If your order exceeds the value of the Gift Card all remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
6 If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
7 Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8 PMGG LTD. is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
9 PMGG LTD. is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10 PMGG LTD. reserves the right to cancel a Gift Card if we deem such action necessary.
11 Promotion codes cannot be applied to the purchase of Gift Cards.
12 Sales tax and shipping is applicable on any products purchased with a PMGG LTD. Gift Card.
• Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS
• If you are based in the EU under the Consumer Contracts, you have the right to cancel your order with us provided you give us written notice.
Right to Cancel
You have the right to cancel your order within 7 working days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter to: PMGG LTD. 19 BASELINE STUDIOS, WHITCHURCH ROAD, LONDON, W11 4AT, or by email to: our customer service. We will issue you with a full refund excluding the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:(i) 30 days after the day we receive back from you any of the goods supplied; or
(ii) if no goods were supplied, 30 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: PMGG LTD. 19 BASELINE STUDIOS, WHITCHURCH ROAD, LONDON, W11 4AT, without undue delay and in any event not later than 14 working days from day on which you receive your order. The deadline is met if you send the goods before the period of 7 days has expired.
You will have to bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive your order, by email or post as described above, i.e. before requesting your Return Merchandise Authorization (RMA) through PMGG LTD. customer services.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within sixty days of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can return it for a refund. Simply request your Returns Merchandise Authorisation (RMA) number and return the faulty goods to us within 14 days from the day you received them.
Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a store credit.
If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability.
We have made every effort to display as accurately as possible the colors of our products that appear on PMGG LTD.. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
• Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including PMGG LTD. Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by PMGG LTD. and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
• In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. PMGG LTD. tries to ensure that the information on this site is accurate and complete. PMGG LTD. does not promise that PMGG LTD.'s Content is accurate or error-free. PMGG LTD. does not promise that the functional aspects of the Site or PMGG LTD.'s Content will be error free or that this Site, PMGG LTD. Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on PMGG LTD. TV are the personal opinions of the authors and do not reflect the views of PMGG LTD.. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to PMGG LTD. a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but PMGG LTD. does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org. PMGG LTD. reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
NO COMMERCIAL USE
• This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
• You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
• We may include hyperlinks on this Site to other websites or resources operated by parties. PMGG LTD. has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
• You have certain rights under the law. In England these include:
1 That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2 Certain remedies if a product is defective; and
3 A right to cancel any order for a product within 14 working days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
• Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
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LIMITS ON OUR LIABILITY
• Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If PMGG LTD. fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and PMGG LTD. knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
• At our request, you agree to compensate us fully, defend us, and hold us PMGG LTD. harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
• You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and PMGG LTD. as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of PMGG LTD., and we shall not be liable for any representation, act, or omission on your part.
• If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
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COMPLAINTS AND GOVERNING LAW
• If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.