General Terms and Conditions of Purchase
This contractual document shall govern the purchase of products and contracting of services through the website jcsocksbarcelona.com // .jc-castella.com, owned by GÈNERES DE PUNT CASTELLÀ, S.L., hereinafter the PROVIDER, which offers the sale of socks and tights.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends what is stated herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity and shall apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and is aware of the current legislation of the countries to which it ships the products and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions that were acquired prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the products purchased or services contracted by the USER is GÈNERES DE PUNT CASTELLÀ, S.L., with registered address at C/ Juan de la Cierva, 12 - 08397 Pineda de Mar (Barcelona), NIF B61846218 and with customer service telephone: 937623210
And on the other hand, the USER, registered on the website by means of a username and password, over which he/she has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of sale arising between the PROVIDER and the USER at the moment in which the USER accepts during the online contracting process the corresponding checkbox.
The contractual relationship of sale entails the delivery, in exchange for a determined price publicly displayed through the website, of a specific product or service.
The language in which the contract will be made through this Website is Spanish/Catalan/English.
PROCEDURE OF CONTRACTING
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of the current regulations on personal data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and LOPDGDD 3/2018 of December 5 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of such data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the latter can proceed to immediate blocking.
The PROVIDER informs that during the purchase or contracting process of services it will be necessary to identify oneself with the username and password. The user will have access to their orders, invoices, order tracking as well as data modification. Said passwords will serve to access the services provided through the Website.
The PROVIDER provides Users with technical means to identify and correct errors in the introduction of data in the forms. In the shopping cart and forms in general, it will be automatically validated that the format of the data is correct and the user will be given the option to correct them.
Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Order shipment.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. General aspects of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
15. Confianza Online
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
To place an order, you must follow the online purchase procedure and click on acceptance of the GENERAL TERMS AND CONDITIONS OF PURCHASE AND IN THE SECTION “ORDER WITH OBLIGATION TO PAY”.
2. ORDER SHIPMENT
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will usually be made through GLS.
Delivery dates or deadlines shall be considered approximate, delay not constituting essential breach.
The delivery time is usually between 2 and 5 working days, depending on the destination location and the chosen payment method. This term shall be understood provided that the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not assume any responsibility when delivery of the product or service cannot be carried out due to the data provided by the USER being false, inaccurate or incomplete.
Delivery shall be considered completed at the moment when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt document.
It is the responsibility of the USER to verify the products upon receipt and to state any justified reservations or claims on the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days, counted from the date of receipt of the product purchased in our online store, to return it if it does not meet their expectations (article 71 of Law 3/2014 of March 27). In the event of withdrawal on your part, we will reimburse all payments received from you, including the initial shipping costs of your order.
On the other hand, in case of withdrawal, the USER must assume the direct cost of the expenses generated by the return and shipment of the products to our establishment.
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the product packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is opened and it cannot be demonstrated that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those which, for hygiene reasons or other legally provided exceptions, are not eligible for this right.
To exercise your right of withdrawal, the USER must complete the form that we make available to you: Contact us and send it via email to the PROVIDER at the following address: jccastella@jc-castella.com
4. CLAIMS
Any claim that the USER considers appropriate will be attended to as soon as possible and may be made at the following contact addresses:
Postal: GÈNERES DE PUNT CASTELLÀ, S.L., C/ Juan de la Cierva, 12 - 08397 Pineda de Mar (Barcelona)
Telephone: 937623210
Email: jccastella@jc-castella.com
Online Dispute Resolution (ODR) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without resorting to courts of justice, through the intervention of a third party, called a dispute resolution body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Fulfilment of the obligation shall be delayed until the cessation of the force majeure event.
6. JURISDICTION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfil, the validity, legality and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares having read, understood and accepted these General Conditions in their entirety.
7. GENERAL ASPECTS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of GÈNERES DE PUNT CASTELLÀ, S.L. or what is stipulated here shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case such specific agreements shall prevail.
Given the continuous technical advances and improvements of products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping costs, handling, packaging, shipping insurance or any other additional and ancillary services to the purchased product or service.
The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check online all the details of the estimate: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, the prices will remain whether or not there is availability of products.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that has been provided at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER may contact via the PROVIDER's customer service telephone [937623210 or via email at jccastella@jc-castella.com
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, installation, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the moment of saving the cart or estimate, as they are calculated based on the weight of the products and the delivery address.
The maximum shipping rate applied is as follows:
Peninsula up to 5 Kg: 4.50 €
Outside peninsula up to 5 Kg: 12 €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following payment methods:
• Credit card: no discounts or charges will be applied.
11. PURCHASE PROCESS
Cart (estimate simulation)
Any product from our catalogue can be added to the cart. In it, only the items, quantity, price and total amount will be observed. Once the cart is saved, taxes, charges and discounts will be calculated according to the entered payment and shipping data.
Carts have no administrative link, they are only a section where a quote can be simulated without any commitment by either party.
From the cart, an order can be placed by following these steps:
1. Checking billing data.
2. Checking shipping address.
3. Selecting payment method.
4. Acceptance of Legal Conditions
5. Select the "Pay Now" checkbox
Once processed, the system instantly sends an email to the PROVIDER's management department.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the order, as well as its status and approximate delivery time.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated. All have a two-year warranty period, in accordance with Royal Legislative Decree 1/2007.
13. GUARANTEES AND RETURNS
The warranty of the products offered shall comply with Law 23/2003 of July 10.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law.
15. CONFIANZA ONLINE
GÈNERES DE PUNT CASTELLÀ, S.L., as an entity adhered to Confianza Online, the USER may use its dispute resolution system (www.confianzaonline.es)