GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter, the "General Conditions") will apply to any purchase made by an Internet user / individual (hereinafter, the "CLIENT") on the website www.jyoko.com (hereinafter referred to as "WEBSITE") to
registered in the Barcelona business register,
with the numer B-66620683,
with registered office at Carrer de la Botànica, 180 08908 L'Hospitalet de Llobregat Barcelona - España
and with NIF number ESB66620683,
Spanish phone number: 933363565,
email: firstname.lastname@example.org, (from now on, the “SELLER”).
Any order placed on the WEBSITE necessarily implies the acceptance without reservations by the CLIENT of these general conditions.
Artcle 1. Definitions
- « CLIENT » : refers to the co-contractor of the SELLER, which guarantees having the quality of consumer as defined by law and Spanish jurisprudence. For these purposes, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
- « DELIVERY » : refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
- « PRODUCTS » : refers to the set of products available on the WEBSITE.
- « TERRITORY » : refers to SPAIN.
Artículo 2. Object
The CLIENT is clearly informed and recognizes that the WEBSITE is addressed to consumers and that professionals should contact the SELLER's commercial service in order to benefit from specific contractual conditions..
If the CLIENT does not accept these terms and conditions, please refrain from continuing to use our WEBSITE.
Artícle 3. Acceptance of the general conditions
These General Conditions are inserted in the lower part of each page of the WEBSITE through a link and must be consulted before being able to place the order. The CUSTOMER is invited to read carefully, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions at the time of making a new order, the latest version of which is applicable to each one of them.
Clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.
Article 4. Purchase products on the WEBSITE.
In order to purchase any PRODUCT, the CLIENT must be over 18 years of age and have sufficient legal capacity or, if minor, be able to justify the permission of their legal representatives. The CLIENT is invited to provide the necessary information to identify it, completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in so that the CUSTOMER's order is processed by the SELLER. The CLIENT can verify on the WEBSITE the status of your order. The follow-up of the DELIVERY, can, in its case, be carried out or online by certain carriers. The CLIENT can also contact the commercial service of the SELLER at any time by email, using the supervision tools address email@example.com, in order to obtain information on the status of your order.
The information that the CLIENT provides to the SELLER at the time of placing the order must be complete, accurate and updated. The SELLER reserves the right to request the CUSTOMER to confirm, by any appropriate means, their identity, their eligibility and the information communicated.
Article 5. Orders
Any order for our products can be made online through our website www.jyoko.com.
The order process is carried out in the following steps (it is very easy you just have to follow the instructions indicated in each step):
Store -> Click on the product -> Add to Cart -> You can keep adding the products you need -> Go to (show shopping cart) -> Click on next -> Register or if you prefer continue the purchase without registering-> Delivery data-> Delivery method -> Form of payment -> Confirm order-> Pay-> Finish the purchase
Once the purchase process is completed successfully, you will receive a confirmation e-mail with the reference number that identifies your order and the summary of the purchase. Please, check it and keep it as receipt of what you are buying, for future communications.Article 5.1 Characteristics of the PRODUCTS
The SELLER will endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CLIENT commits to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.
Unless otherwise indicated on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and applicable regulations in Spain.
PRODUCT orders are made directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).
The CLIENT must select the PRODUCT (s) of his choice, by clicking on the chosen PRODUCT (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT's shopping basket. The latter may then add as many additional PRODUCTS as you wish.
Once the PRODUCTS have been selected and stored in your basket, the CLIENT must click on the basket and verify that the content of your order is correct. If the CLIENT has not done so yet, he will be invited to identify himself or to register.
Once the CUSTOMER has validated the content of the basket and has been identified / registered, an automatically completed online form will appear and recapitulate the price, applicable fees and, where applicable, delivery costs.
The CUSTOMER is invited to verify the content of their order (including the quantity, characteristics and references of the PRODUCTS requested, the billing address, the means of payment and the price) before validating their content.
The CLIENT can then proceed to pay for the PRODUCTS following the instructions provided on the WEBSITE and provide all the necessary information for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different available options, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper treatment of the order.
The CLIENT must also select the chosen delivery mode.
Once all the steps described above have been completed, one will appear on the WEBSITE in order to show acknowledgment of the CLIENT's order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CUSTOMER by email, provided that the email address communicated in the form is correct.
The SELLER will not send any confirmation of order by postal or telematic mail.
Through the order, the CUSTOMER must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled in so that the CUSTOMER's order is treated by the SELLER).
The CLIENT must also clearly indicate all the information related to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address.
Neither the order receipt that the CUSTOMER has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Whatever the order or payment method used, the CUSTOMER will receive the original of the invoice at the time of DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER accuses the online reception of the same. The terms indicated on the WEBSITE do not begin to count until that date.
For all PRODUCTS, the CLIENT will find on the WEBSITE the prices indicated in euros, including taxes, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode of chosen transport).
Prices include in particular the value-added tax (VAT) with the applicable rate on the date of the order. Any modification of the rate may be passed on to the PRODUCTS from the date of entry into force of the same.
The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.
The applicable prices will be those indicated on the WEBSITE at the date of placing the order by the CLIENT.
The SELLER will apply "just in time" stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER's stocks.
The SELLER agrees to fulfill the orders received with the reservation that the PRODUCTS are available.
The unavailability of a PRODUCT will appear in principle indicated on the page of the PRODUCT in question. CLIENTS may also be informed of the replacement of the PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay, if the PRODUCT is unavailable.
The SELLER can, at the request of the CLIENT:
Send all the PRODUCTS together, from the moment in which the non-stocked PRODUCTS are again available.
Proceed to a partial delivery of the PRODUCTS available at that moment, and send the rest of the order when the others are, with express mention relative to the additional transport expenses that could be derived.
Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain the reimbursement of all the sums disbursed by said PRODUCTS in thirty (30) natural days after his payment.
Article 6. Withdrawal right
Article 7. Payment
Orders will be sent after receiving and identifying the payment.Redys -Targeta de Crédito, Debit: VISA, MASTERD CARD, AMERICAN EXPRESS
- Redys -Credit Card, Debit: VISA, MASTERD CARD, AMERICAN EXPRESS
- PAYPAL -Credit card, debit: VISA, MASTERCARD, AMERICAN EXPRESS.
- Wire transfer.
In the confirmation e-mail, you will find all the useful information and data to make the payment.7.1. Payment methods
The CLIENT can pay for his PRODUCTS online on the WEBSITE following the means proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that it has all the required authorizations for the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment table on the WEBSITE.
It is specified that all the information related to the payment made is transmitted to the bank of the WEBSITE and are not treated in the WEBSITE.
In case of a single payment by credit card, the CLIENT's account will be debited at the time of the order of the PRODUCTS on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delays at the moment in which the first package is sent. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank rejects the debit of a credit card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CLIENT was impossible, the order will be canceled and the sale automatically rescinded.
Article 8. Test and file.
The SELLER accepts to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT..
In case of litigation, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of property.
The above provisions are not an obstacle to the transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation of property, as well as the risks of damage that may entail.
Article 10. Delivery
Article 11. Packaging
Article 12. Guarantee.
In this framework, the SELLER is liable to respond to the defects of conformity existing at the time of delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it is put in charge or has been carried out under your responsibility.
The action arising from lack of conformity prescribes two (2) years from the delivery of the PRODUCT.
In case of lack of conformity, the CLIENT may request, at his / her option, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the choice of the CLIENT is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to the reimbursement, without addressing the chosen option for the client.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 natural days from the receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Carrer de la Botànica, 180 08908 L'Hospitalet de Llobregat Barcelona - España.
The CLIENT is exempt from providing proof of the existence of a defect in the conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity is applied independently of the commercial guarantee consented, where appropriate, on the PRODUCTS.
The SELLER undertakes to guarantee the hidden defects of the PRODUCT sold susceptible of turning it into defective for the use to which it should be destined, or that reduce it in such a way that the CUSTOMER has not acquired it or paid a lower price, if there is known.
This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between the refund of the price of the PRODUCT if it is returned or the reimbursement of part of the price if it is not restored.
In the event that replacement or repair were impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) natural days after receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Carrer de la Botànica, 180 08908 L'Hospitalet de Llobregat Barcelona - España.
The action resulting from hidden defects must be filed by the CLIENT within two (2) years from the discovery of the defect.
Article 13. Responsibility.
The SELLER can not be responsible, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.
It is also necessary that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. Hyperlinks to these web pages are granted merely as an indication and do not imply any guarantee regarding their content.
Article 14. Personal information
Article 15. Cookies policy
This WEBSITE uses its own cookies and third-party cookies.
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You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer, in case it does not allow the installation of cookies on your browser you may not be able to access any of the sections of our web.
Article 15. Claims
Article 16. Intellectual property
These elements are the exclusive property of the SELLER. Any person who publishes a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.
This authorization of the SELLER will not be in any case definitively agreed. This hyperlink must be deleted at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Conditions
Such modification or decision does not authorize the CLIENTS to ignore these General Conditions in any case.
All the conditions not expressly treated in the present will be regulated according to the uses of the retail sector of individuals.
Article 18. Modifications of the General Conditions
The General Conditions will be accurately dated and may be modified and updated by the SELLER at all times. The applicable General Conditions will be those that are in force at the time of the order.
The modifications made in the General Conditions will not be applicable to the PRODUCTS already purchased.
Article 19. Competence and applicable law
IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.
Likewise, prior to any recourse of arbitration or in courts, negotiation between the parties shall prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any dispute relating to this contract, including regarding its validity.
The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) natural days, the parties can not be understood, the differences will be submitted to the jurisdiction established below.
During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict object of negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of the precautionary measures or the start-up of a procedure does not entail by the parties the waiver of any clause of friendly agreement, unless expressly contrary will.
The withdrawal period expires (30) calendar days after the day in which CLIENT, or a third party that is not the carrier and designated by the CLIENT, takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several lots), the withdrawal period will expire in (30) calendar days after the day in which the CLIENT, or a third party that is not the carrier and designated by the client, takes possession of the last PRODUCT delivered.
If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire (30) calendar days after the day on which the CLIENT, or a third party that is not the carrier and designated by the client, take possession of the last PRODUCT delivered.
Notification of the right of withdrawal.
In order to exercise their right of withdrawal, the CUSTOMER must notify his decision to withdraw by means of a statement made unequivocally (for example, by letter sent by mail, fax or email) to: Sociedad Janabebé S.L. Carrer de la Botànica, 180 08908 L'Hospitalet de Llobregat Barcelona - España, firstname.lastname@example.org or telephone 933363565
For this purpose, you can also use the following form :
For the right of withdrawal to be respected, the CUSTOMER must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.
Effects of withdrawal
The CLIENT shall, without undue delay and, in any case, no later than (30) natural days after communicating his decision to withdraw from this contract, forward the property to: Carrer de la Botànica, 180 08908 L'Hospitalet de Llobregat Barcelona - España, 08022, Barcelona. Jyoko S.L.
This term is understood respected if the CLIENT sends the PRODUCT before the expiration of the (30) natural days.
The Customer will be responsible for the direct costs of reshipping
Status of the returned property
The CLIENT's liability does not apply except for the depreciation of the property resulting from other manipulations than those derived from the normal use of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but can not oppose its liability if it comes from manipulations other than the ordinary ones in the use of the same.
Exclusion of the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market.
- Supply of goods made according to customer specifications or clearly customized.
- Supply of good susceptible to deteriorate or expire quickly.
- Provision of audio or video recordings or stamped programs that have been unsealed after delivery.
- Supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on the market fluctuation and outside the influence made by the SELLER.
Jyoko.com makes its deliveries in Spain and also International*.
In peninsular Spain and Europe we deliver according to the method contracted by the customer during the purchase process.
The delivery term corresponds to the business days that have elapsed since the completion of the order until the customer receives the same.
Delivery times except force majeure (due to causes beyond our competence) are in Spain: 2 to 3 working days in the case of mail and in the case of urgent deliveries 24-48 hours, are two working days if there are no problems with the address provided.
The delivery period in Europe, depends a lot on the country of destination, in the UK, Switzerland, Norway, Germany, Italy and Portugal it takes between 5 and 10 days maximum. In theRest of the World may vary by country and within country by destinations, but from our experience in Argentina, Mexico, Chile and USA it takes between 7 and 10 days.The deadline to prepare an order and establish the invoice, before sending the PRODUCTS in stock is mentioned on the WEBSITE. These terms will be understood without counting weekends and holidays.
An email will be automatically sent to the CLIENT at the time of sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.
Term and delivery costs
During the order process, the SELLER will indicate to the CUSTOMER the possible delivery terms and formulas for the PRODUCTS purchased..
Shipping costs will be calculated according to the delivery mode.
The amount of these costs will be due to the CUSTOMER in payment different from the purchased PRODUCTS.
The details of the deadlines and delivery costs will be detailed on the WEBSITE.
The package will be delivered to the CLIENT after his signature and presentation of his identity document.
In case of absence, notice will be given to the CUSTOMER, so that this way you can pick up the PRODUCT at the nearest post office.
The CLIENT will be informed of the delivery date set at the time of the carrier's choice, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made at the most before thirty (30) natural days. In the absence of delivery, the CUSTOMER must require the SELLER to deliver it within a reasonable time and if he can not rescind the contract.
The SELLER will reimburse, without excessive delay, from the date of receipt of the rescission letter, the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CLIENT for the purchase of the PRODUCTS.
The SELLER will be responsible for the delivery of the PRODUCT to the CLIENT. It is important to remember that the CLIENT has a period of three (3) days to notify the carrier of the breakdowns or partial losses verified by the delivery.
INCORRECT ADDRESSES: What happens in this case?
If the delivery address is not correctly completed by the customer, the orders sent by post are automatically returned and Jyoko.com is NOT responsible for the time that this return can last and the cost of the second shipment. Correos usually takes 2 to 5 weeks in Spain to make the returns and quite more in the rest of the countries, the returns follow an extremely slow process. Please check that your delivery address is as complete and accurate as possible. The last name that appears must be the same as the one that appears in your stamp / mailbox. If it is not a private address, use the "company" field to indicate the name of the store, office, or place where you want to receive the delivery.
In the case of choosing express delivery, we STRONGLY PLEASE put the address where you will receive the order, because if talking to the carrier changes that address to us we assume an additional cost of transport that we are not passing on.
EXPIRED PACKAGES OR DELIVERIES NOT NOTIFIED BY POST:
Many times the postmen do not leave the notice correctly, or the client does not know that a notice received is from Jyoko, so he lets the time pass without claiming the package. Do not let more than 8 days pass from our notification of sending by e-mail without claiming the order. CORREOS returns them to the 15 days and many times they do not leave notification of notice. Make sure that the e-mail that you have given us is correct, in order to receive the shipping notification without problems.
By confirming these TERMS OF PURCHASE the customer agrees to pay second freight in cases of returns for incomplete addresses, not completed by the same and for shipments not claimed in time.
Jyoko.com can not be held responsible if it can not send the requested order due to circumstances beyond its control, including DELAYS by our suppliers, fires, floods, strikes, electrical problems, etc.