10. Legal Notice and General Terms & Conditions

A) Legal Warning

A.1) Use of the website

A.2) Privacy Policy

A.3) Use of Cookies

A.4) Links to Third Parties

A.5) Copyrights

A.6) Changes to Terms of Use and Privacy Policy

B) General Terms and Conditions of Contract

B.1) Introduction

B.2) Applicable regulations

B.3) General Information

B.4) Type of business

B.5) Contents and information provided on the website

B.6) Sales system

B.7) Prices

B.8) Applicable taxes

B.9) Method of payment and shipping costs

B.10) Shipping and product delivery

B.11) Buyer's Rights and Returns Policy

B.12) Customer Obligations

B.13) Applicable law and competent jurisdiction

B.14) Online out-of-court dispute resolution

A) Legal Warning

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

Owner: Diseño y Fantasía S.L.

N.I.F.: B-29624756

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

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

Business telephone: (+34) 952 24 71 00

Online department telephone: (+34) 951 55 55 10

Fax: (+34) 952 24 52 75

Email: info@gisela.com

A.1) Use of the website

The website www.gisela.com is provided for information purposes in relation to the activity carried out by DISEñO Y FANTASIA S.L., hereinafter known as GISELA.

This website is an internet sales channel for corsetry, lingerie, bedding and towels. The user of the website, when accessing and browsing it, must use it in accordance with the current legislation, the conditions set out in this legal notice, morals and generally accepted principles of conduct and public order.

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

A.2) Privacy Policy

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

CREATE MY ACCOUNT: The personal data you provide will be processed for the purpose of registering you as a user and to manage, administer and maintain the sales services of our products. The legal basis for the treatment is the consent you give us when you register as a user and the fulfilment of the contractual obligations you accept when purchasing our products. The data will be kept throughout the duration of our commercial relationship and will subsequently be blocked for a period of 5 years for the sole use of Public Administrations, Courts and Tribunals to deal with possible claims, after which the data will be deleted.

PURCHASE WITHOUT USER REGISTRATION: The personal data you provide will be processed for the purpose of registering you as a user and to manage, administer and maintain the sales services of our products. The legal basis for the data processing is the consent you give us when you register as a user and the fulfilment of the contractual obligations you accept when purchasing our products. The data will be kept throughout the duration of our commercial relationship and will subsequently be blocked for a period of 5 years for the sole use of Public Administrations, Courts and Tribunals to deal with possible claims, after which the data will be deleted.

CONTACT US (on www.gisela.com and empresa.gisela.com): Please be advised that the personal data you provide will be used with the purpose of handling your queries.

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

TELL US YOUR OPINION: Be advised that the personal data you provide will be treated to address and assess any questions raised and be able to improve our services, as well as for the purpose of sending offers, promotions, discounts and other communications that may be of interest. The legal basis for the processing of your data is the consent you give us when you authorize such processing through the procedure set out on our website.

The data will be kept as long as our commercial relationship is maintained and afterwards, for commercial purposes, as long as you do not request the UNSUBSCRIBE from commercial communications, a possibility that will be offered to you in each communication that you receive. Once you have requested to unsubscribe or cancel your data, it will remain blocked for a period of 3 years and will only be available to Public Administrations, Courts and Tribunals to deal with possible claims, after which the data will be deleted.

You can exercise your rights of access, rectification, suppression, opposition, limitation of treatment, by contacting us at our e-mail address and/or postal address. Once your request has been received, we will send you a form for the exercise of the specific right requested, which you must fill in and send back to us together with a photocopy of your ID or Passport. Once we have received this documentation, we will process it within the legally established deadlines. Should you feel that you have not obtained satisfaction in the exercise of your rights, you may submit a claim to the Supervisory Authority, Spanish Data Protection Agency.: www.aepd.es

A.2.1) Online store (www.gisela.com):

INFORMATION CLAUSE FOR THE "CONTACT", "GISELA NEWS", "TELL US YOUR OPINION" and "CREATE MY ACCOUNT" SECTIONS.:

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

- Respond to queries or information requests

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

- Take into account your assessment of our website in order to improve our services; and/or

- Keep you informed and send you by any electronic means, telephone and/or postal, our newsletters on issues relating to the activity of our company and our products and services, offers and promotions, provided that you have expressly agreed or accepted by checking the box "I accept the privacy policy, legal notice and cookie policy".

You may at any time exercise your rights of access, rectification, cancellation or deletion, opposition, limitation of treatment 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, Málaga, Spain, always accompanying a photocopy of your ID or passport.

A.2.2) Business website (empresa.gisela.com):

- INFORMATION CLAUSE FOR THE "CONTACT US" SECTION:

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


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

A.3) Use of Cookies

(See Use of cookies policy).

A.4) Links to Third Parties

In case of links to third party sites, the user will be subject to the Terms of Use and Privacy Policy of that website, accepting that GISELA will not be responsible for or have any legal obligation towards the use of such sites.

A.5) Copyrights

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

A.6) Changes to Terms of Use and Privacy Policy

GISELA reserves the right to modify its Terms of Use and Privacy Policy when it deems it appropriate. The user is responsible for reviewing the content of these Terms of Use and Privacy Policy, as they may be changed without notice. The user also understands and accepts each and every one of the clauses contained in this document. It is the sole responsibility of the user to review the above terms.

B) General Terms and Conditions of Contract

B.1) Introduction

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

The use of this page, as well as the services it offers, will imply full and unreserved acceptance of each and every one of the general conditions contained in this Legal Information; users should therefore be aware of the importance of reading them each time they visit the Site. Accessing this Site implies knowledge and acceptance of the general conditions, which is why GISELA recommends users to print them or download them and read them every time they access the Site.

These general contracting conditions apply to all commercial transactions carried out on our virtual store Read carefully these Terms of Purchase and our Privacy Policy before placing an order. If you do not agree with all the terms of purchase and the privacy policy, you should not place an order.

B.2) Applicable regulations

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

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

- Applicable provisions of the Commercial and Civil Codes.

- Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade, articles 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and first additional provision. In connection with this legislation, Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts will 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 13 April, on General Conditions of Contract, Articles 1 to 10.

- Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Law for the Defence 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 individuals with regard to the processing of their personal data and on the free movement of such data.

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

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

B.3) General Information

In compliance with the duty of information stipulated in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, as well as Art. 97 of the General Law for the Defence of Consumers and Users, please see the information below:

Owner: Diseño y Fantasía S.L.

N.I.F.: B-29624756

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

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

Business telephone: (+34) 952 24 71 00

Online department telephone: (+34) 951 55 55 10

Fax: (+34) 952 24 52 75

Email: info@gisela.com

B.4) Type of business
GISELA is a business that sells corsetry, lingerie, bedding and towels over the Internet.

B.5) Contents and information provided on the website

The language used by gisela on the website will be spanish, without prejudice to the use of other languages, national or regional. GISELA will not be held responsible for the user's failure to understand the terms of the website or its consequences.

GISELA reserves the right to modify the commercial offer displayed on the website (modifications to products, prices, promotions and other commercial and service conditions) at any time. GISELA makes every effort within its means to offer the information on the website completely, truthfully and without typographical errors. Should there be any error of this type, which is beyond the control of GISELA, we will immediately correct it.

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

The contents of the GISELA website could, on occasions, show temporary information about some products. Should the information provided not correspond to the characteristics of the product, the customer has the right to cancel the purchase without any costs.

B.6) Sales system
There are several ways to send us your order:

• - Order via the "shopping basket".
• - By letter to the above address or e-mail.
• - By phone but only if the payment method is cash on delivery.

Once the order is completed, i.e. with the acceptance of the general conditions of contract and the confirmation of the purchase process, www.gisela.com will always email the customer confirming the details of the purchase made (please check the spam folder if the confirmation email does not arrive)

B.7) Prices

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

B.8) Applicable taxes

The prices of the products displayed on the website include Value Added Tax (VAT) which will be added when applicable.
Purchases to be delivered within the territory of any of the member states of the European Union are subject to VAT. Purchases to be delivered to countries that are not members of the European Union, or the Canary Islands, Ceuta or Melilla will be exempt from VAT.

B.9) Method of payment and shipping costs

The user agrees to pay when the order is placed (except for "cash on delivery"). The applicable shipping fees will be added to the initial price shown on the website for each of the products offered. In any case, these rates will be previously communicated to the customer before completing the purchase.

If the order is placed by logging in, the receipt or proof of purchase corresponding to the purchase order will be available and can be viewed on www.gisela.com in the section "My account" in "ORDERS AND RETURNS". If you are a guest, the receipt or proof of purchase will be the delivery note included in the package

The customer can pay the amount of his order by credit or debit card (Visa, Mastercard, American Express, Visa Electron and/or other similar cards), via PayPal or cash on delivery.

The customer must notify Diseño y Fantasía S.L. (GISELA) of any undue or fraudulent charge on the card used for purchases, by email or telephone, in the shortest time possible for Diseño y Fantasía S.L (GISELA) to take the appropriate steps.

Diseño y Fantasía S.L. (GISELA) works with the payment platforms of La Caixa and PayPal, which have the maximum security measures commercially available in the industry. In addition, the payment process of these platforms works within 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 readable by the user's computer and the payment platform, thus, when using the SSL protocol the following is guaranteed:

1. That the user is communicating the data to the server of La Caixa or PayPal and not to any other system who tries to pass itself off as these

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

Also, Diseño y Fantasía S.L. (GISELA) declares that it does not have access to confidential data related to the means of payment used. Only "La Caixa" (Sermepa) and PayPal have access to these data in order to manage payments and charges and that they are inaccessible to other third parties.

Your purchase will be sent to the delivery address you indicate in your shipping information.