Legal notice and general terms and conditions

In order to comply with the provisions of Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), the general information of the website www.gisela.com is indicated below:

The website www.gisela.com is offered for informational purposes in connection with the activity carried out by DISEÑO Y FANTASIA S.L., hereinafter GISELA.

This website is an internet sales channel of corsetry, lingerie, bed and bath linen. The user of the website, by accessing and browsing it, agrees to use it in accordance with current legislation at all times and the conditions set forth in this legal notice, morality and generally accepted good customs and public order.

The user will be liable to GISELA and/or third parties for any damages that may be caused as a result of a breach of this obligation.

The personal data you provide through this website will be processed by Diseño y Fantasía S.L. (GISELA) in order to manage the services requested by you. In the different sections of our website and below will indicate the specific purposes for which the personal data provided in each of the data collection forms made available to you will be treated:

CREATE MY ACCOUNT: The personal data you provide will be processed in order to register you as a user and manage, administer and maintain the sales services of our products. The legal basis for the treatment is the consent you give us to register as a user and the fulfillment of the contractual obligations assumed when purchasing our products. The data will be kept as long as our business relationship is maintained and then will be kept blocked for a period of 5 years available only to Public Administrations, Courts and Tribunals to meet possible claims, after which, such data will be deleted.

PURCHASE WITHOUT USER REGISTRATION: The personal data you provide will be processed for the purpose of managing, administering and maintaining the sales services of our products. The legal basis for the treatment is the fulfillment of the contractual obligations acquired when purchasing our products. The data will be kept as long as our business relationship is maintained and then will be kept blocked for a period of 5 years available only to Public Administrations, Courts and Tribunals to meet possible claims, after which, such data will be deleted.

CONTACT (in www.gisela.com and company.gisela.com): We inform you that the personal data you provide will be treated with the purpose of answering the queries raised.

GISELA NEWS: We inform you that the personal data you provide will be treated with the purpose of sending you our newsletters, offers, promotions and discounts that may be of interest to you, as well as other communications from the company.

We inform you that the personal data you provide will be processed in order to attend and evaluate the questions raised and to improve our services, as well as for the purpose of sending our offers, promotions, discounts and other communications that may be of interest to you. The legal basis for the processing of your data is the consent that you give us by authorizing such treatment through the procedure enabled on our website.

The data will be kept as long as our business relationship is maintained and subsequently, for commercial purposes, as long as you do not request the cancellation of commercial communications, a possibility that will be offered in each communication you receive. Once the cancellation of your data has been requested, they will be kept blocked for a period of 3 years available only to Public Administrations, Courts and Tribunals to meet possible claims, after which, such data will be deleted.

You can exercise your rights of access, rectification, deletion, opposition, limitation of treatment, by contacting our email address and / or our postal address. Once we receive your request, we will send you a form for the exercise of the specific right requested, which you must complete and send us together with a photocopy of your ID card or passport. Once we have received such documentation, we will attend to the exercise of your rights within the legally established deadlines and in case of not having obtained satisfaction in the exercise of your rights you may file a complaint to the Supervisory Authority, Spanish Data Protection Agency: www.aepd.es

INFORMATION CLAUSE FOR THE SECTIONS "CONTACT", "GISELA NEWS", "WHAT DO YOU THINK OF THE WEBSITE" and "CREATE MY ACCOUNT":

In compliance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that the personal data you provide will be processed for the following purposes:

- To attend to queries raised or information requested;

- Manage, administer and maintain the sales services of our products;

- To keep you informed and send you by any electronic, telephone and/or postal means, our informative circulars on issues related to the activity of our company and our products and services, offers and promotions, provided that you have expressly consented or accepted it by checking the box "I accept the privacy policy, legal notice and cookies policy".

You may at any time exercise your rights of access, rectification, cancellation or deletion, opposition, limitation of processing and portability by email to info@gisela.com or by writing to Diseño y Fantasía S.L. (GISELA), Carril de Guetara n º 38, 29004, Malaga, Spain, always accompanied by a photocopy of your ID card or passport.

- INFORMATIVE CLAUSE FOR "CONTACT" SECTION:

In compliance with the provisions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that the personal data you provide will be processed for the sole purpose of answering the queries raised or information requested.

You may at any time exercise your rights of access, rectification, cancellation or deletion, opposition, limitation of processing and portability by email to info@gisela.com or by writing to Diseño y Fantasía S.L. (GISELA), Carril de Guetara n º 38, 29004, Malaga, Spain, always accompanied by a photocopy of your ID card or passport.

(See cookie policy).

In the case of links to third party sites, the user will be governed by the Terms of Use and Privacy Policy of the website, accepting that GISELA will not be responsible or liable for the use of such sites.

The entirety of this website: trade names, logos, distinctive signs, description and characteristics, text, images, graphics, trademarks, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents is protected by Spanish and international laws on intellectual and industrial property. GISELA owns the intellectual and industrial property rights of www.gisela.com as well as the elements contained therein and therefore reproduction (except temporary downloading from the website to the hard drive of the user's computer or proxy servers), copying, use, distribution, reuse, exploitation, making second copies, mailing, transmission, modification, transfer or any other act that is done with all or part of the information contained in this website that has not been expressly authorized by GISELA is prohibited.

GISELA reserves the right to modify its Terms of Use and Privacy Policy when it deems appropriate. The user agrees to review the content of these Terms of Use and Privacy Policy, as they may be modified without notice. Likewise, you understand and accept each and every one of the clauses contained in this document. It is the sole responsibility of the user to review the aforementioned terms.

The purpose of this document is to establish and regulate the rules of use and the safeguarding of the data of the Site www.gisela.com, meaning all pages and their contents, owned by Diseño y Fantasia S.L., hereinafter (GISELA), which are accessed through the domain www.gisela.com.

The use of this page, as well as the services it makes available to the user, implies full and unreserved acceptance of each and every one of the general conditions contained in this Legal Information, so the user must be aware of the importance of reading them every time you visit the Site. The fact of accessing this Site implies knowledge and acceptance of the general conditions so GISELA recommends the user to print or download and read them in detail each time you access the Site.

These general terms and conditions apply to all commercial transactions carried out in our online store. Please read these Terms and Conditions of Purchase and our Privacy Policy carefully before placing your order. If you do not agree with all the terms and conditions of purchase and the privacy policy, you should not place an order.

The set of regulations applicable to the online sales process in Spain is as follows:

- Spanish Constitution of December 27, 1978, Articles 18.1 and 4, 20.1b, 38, 51 and 139.

- Applicable provisions of the Commercial Code and the Civil Code.

- Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, articles 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and first additional provision. In relation to these regulations, Directive 97/7/EC of May 20, 1997 on the protection of consumers in respect of distance contracts shall also be taken into account.

- Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

- Law 7/1998, of April 13, 1998, on General Contracting Conditions, articles 1 to 10.

- Royal Legislative Decree 1/2007, of November 16, 2007, approving the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws.

- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of their personal data and on the free movement of such data.

- Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce.

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, as well as art. 97 of the General Law for the Defense of Consumers and Users then reflect the following data:

Owner: Diseño y Fantasía S.L.

TAX ID NO.: B-29624756

Registered in the Mercantile Registry of Malaga, Date 07/26/1993, Volume 1450, Book 363, Folio 172, No. 13826.

Registered office: Carril de Guetara, 38, 29004, Málaga.

Company phone: 952 24 71 00

Online department telephone: 951 55 55 10

Fax: 952 24 52 75

Email: info@gisela.com

GISELA is dedicated to the activity of online sales of corsetry, lingerie, bedding and swimwear.

The language used by GISELA on the Website will be Spanish, without prejudice to the use of other languages, national or regional. GISELA is not responsible for the non-understanding or misunderstanding of the language of the Website by the user, nor for its consequences.

GISELA reserves the right to modify the commercial offer presented on the Website (changes in products, prices, promotions and other commercial and service conditions) at any time. GISELA makes every effort within its means to provide the information contained on the website completely, truthfully and without typographical errors. In the event that at any time there is any error of this type, at all times beyond the control of GISELA, it will proceed immediately to correct it.

If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on such error, GISELA will inform the customer of such error and the customer will have the right to cancel the purchase without any cost on his part.

The contents of the GISELA website may, on occasion, show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on their part.

To make a purchase, the user can choose among the different ways to send us his order:

- Internet through the "shopping cart".

- By letter to the above address or e-mail.

- By telephone but only if the method of payment is cash on delivery.

Once the order has been placed, i.e. with the acceptance of the general terms and conditions and the confirmation of the purchase process, www.gisela.com will always send an email to the user confirming the details of the purchase (please check your spam folder if you do not receive the confirmation email).

All prices of the products indicated on the website include VAT and any other taxes that may apply. However, these prices do not include the shipping costs of the products, which are detailed separately and must be accepted by the user.

The prices of the products displayed on the website include the Value Added Tax (VAT) that, if applicable, may be applicable.

Purchases to be delivered within the territory of any of the member states of the European Union will be subject to VAT. Purchases to be delivered to territories of non-European Union member states, or to the Canary Islands, Ceuta or Melilla will be exempt from VAT.

The user agrees to pay at the time the order is placed (except with the cash on delivery payment method). The initial price shown on the website for each of the products offered will be added to the relevant shipping costs. In any case, these rates will be previously communicated to the user before formalizing the purchase itself.

If the order is placed by logging in, the purchase receipt corresponding to the purchase order will be available and can be viewed at www.gisela.com in the "My Account" section under "ORDERS AND RETURNS". If placed as a guest, the ticket or receipt will be the packing slip included in the package.

The user must pay the amount corresponding to his order by credit or debit card (visa, mastercard, american express and/or visa electron), by PayPal or cash on delivery.

The user must notify Diseño y Fantasía S.L. (GISELA) of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that Diseño y Fantasía S.L. (GISELA) can take the appropriate steps.

Diseño y Fantasía S.L. (GISELA) works with the payment gateways of La Caixa and PayPal, which have the highest security measures commercially available in the sector. In addition, the payment process in these gateways works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the user's computer and the payment gateway, thus, by using the SSL protocol is guaranteed:

1. That the user is communicating their data to the La Caixa or PayPal server center and not to anyone else trying to impersonate them.

2. That between the user and the server center of La Caixa or PayPal the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

Likewise, Diseño y Fantasía S.L. (GISELA) states that it does not have access to confidential data relating to the means of payment used. Only "La Caixa" (Sermepa) and PayPal have access to this data for the management of payments and collections and are inaccessible to other third parties.

Your purchase will be shipped to the delivery address you provide in your shipping information.

*Note*: We currently do not ship to the following countries: Albania, Bulgaria, Greece, Croatia, Malta, Slovenia, Estonia, Hungary, Lebanon, Lithuania, Moldova, Mongolia, Poland, Czech Republic, Romania, Russia, Ukraine, Latvia, Israel, Chile, Reunion Islands, Norway and Belarus.

The cash on delivery option involves an additional charge of 1€.

Diseño y Fantasía S.L. (GISELA) undertakes to deliver the product in perfect condition to the address that the user indicates in the order form and that, in any case, must be within the peninsula and the Balearic Islands. In order to optimize the delivery, we thank the user to indicate an address where the order can be delivered within normal business hours.

Your order will be shipped to the delivery address you specify, provided it is within Spain (peninsula and Balearic Islands) or Portugal. This may be different from the buyer's address.

There is the option of delivery at a collection point, you can choose as a place to pick up your order nearby stores where you can pick up your package (wide opening hours). When the package arrives at the store, we will notify you by SMS so that you can pick it up (remember to bring your ID). In order to choose your Pickup Point you must first fill in the shipping address, thanks to your zip code we will locate the best list of options.

Diseño y Fantasía S.L. (GISELA) will not be responsible for errors caused in the delivery when the delivery address entered by the user in the order form does not match the reality or have been omitted.

The delivery time is between 1 and 3 working days from the moment you make your purchase.

For further information, it is important to note that the procedure during this time is as follows: confirmation of order validity, preparation of orders and shipment via express courier company (Correos Express). The day the order is on its way, Correos Express will communicate it to the user by sending an SMS confirming the departure from its warehouses and within 24 to 48 hours it should have been delivered to the address indicated at the time of purchase.

In the event that the user has selected the "Collection Point" option, he/she will receive a notice on the day the order is at the selected establishment. It will remain there for 15 days. After this period and if the user has not come to pick up the package, it will be automatically returned.

These deadlines are average, and therefore, an estimate. Therefore, it is possible that they may vary for logistical reasons or force majeure. In case of delays in deliveries, Diseño y Fantasía S.L. (GISELA) will inform its customers as soon as it becomes aware of them.

Each delivery is considered to have been made from the moment in which the carrier makes the product available to the user, which is materialized through the control system used by the carrier.

In the case of delays in the delivery of orders attributable to Diseño y Fantasía S.L. (GISELA), the user may cancel the order in accordance with the procedure described in the section "Return Procedure". 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.

In the same SMS informing the user that the product has left Correos Express warehouses, the shipment number and the customer service number of the transport company responsible for the delivery are provided, so that, in case of any incident during delivery, the user can contact the company to resolve it.

If at the time of delivery the user is absent, the carrier will leave a receipt indicating how to proceed to pick up the package. 3 SMS will be sent to the user informing where and how he can pick up his package to ensure that the delivery takes place.

If after 15 working days after the delivery of the order has not been arranged, the package will be returned to the warehouses of Diseño y Fantasía S.L. (GISELA) and the user will be responsible for the shipping costs and the return of the goods to their origin, as well as any associated management costs. These costs will be deducted from the purchase price of the returned order, which will be refunded.

If the reason for the non-delivery is the loss of the package, our carrier will start an investigation and we will proceed to send a new order if all the products are available. In these cases, the response time of our carriers usually ranges from one to three weeks, but if the lost package is not located and the garments cannot be replaced, the amount paid by the customer will be refunded.

The user must check the good condition of the package before the carrier that, on behalf of Diseño y Fantasía S.L. (GISELA), makes the delivery of the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If, subsequently, once the product has been checked, the user detects any incident such as a blow, breakage, signs of having been opened or any damage caused by the shipment, the user undertakes to notify Diseño y Fantasía S.L. (GISELA) via email as soon as possible and within a maximum of 7 working days from delivery.

Diseño y Fantasía S.L. (GISELA) will make every effort to please all its users in the demand for products. However, sometimes, due to causes beyond the control of Diseño y Fantasía S.L. (GISELA) such as human error or incidents in computer systems, it is possible that the final amount in inventory may be less and therefore it will not be possible to proceed with the sale.

In the event that the product is not available after the order has been placed, the user will be informed by phone or email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the user to cancel the entire order. If as a result of this cancellation the customer wants to return the delivered product must follow the stipulations in the returns section.

The client of Diseño y Fantasía S.L. (GISELA) undertakes at all times to provide truthful information about the data requested in the user registration forms or order placement, and to keep them updated at all times. The customer agrees to accept all the provisions and conditions contained in these General Conditions of Contract, understanding that they reflect the best possible service for the type of activity carried out by Diseño y Fantasía S.L. (GISELA).

Purchases and sales made with Diseño y Fantasía S.L. (GISELA) are subject to the laws of Spain. In case of any conflict or discrepancy, the applicable jurisdiction shall be the Courts or Tribunals of the seller.

The European Commission has created a Digital Platform to contribute to the out-of-court resolution of online disputes arising between consumers and entrepreneurs residing in the European Union.

The online platform contains a one-stop shop for consumers and entrepreneurs from which both parties can easily solve their consumer disputes, submitting to the resolution criteria of the alternative resolution entities that are linked to this platform.

Online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES