GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website jeanpierrelopez.com, (hereinafter Website) is held by: Jean Pierre Lopez, with NIF: 49418986J, and whose contact details are:
Address: Calle la canal-1 Sa Palmera 5 07818 Sa Canal Sant Jordi De ses Salines ( Ibiza )
Contact telephone number: 606102841
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (jeanpierrelopez.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Jean Pierre Lopez carries out through the Website includes:
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of Jean Pierre Lopez. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and by all of the above, and if the User does not agree to all of the above, the User should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Use this Website only to make legally valid enquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Jean Pierre Lopez makes no representation that the Website complies with the laws of other countries, either in whole or in part. Jean Pierre Lopez disclaims all liability that may arise from such access, nor does Jean Pierre Lopez make any assurances of delivery or provision of services outside of Spain.
The User may conclude, at his/her choice, with Jean Pierre Lopez the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users may shop on the Website by the means and in the manner established. They must follow the jeanpierrelopez.com online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on: "Checkout".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.
The User will then receive an e-mail confirming that Jean Pierre Lopez has received his order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by email. The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Jean Pierre Lopez using the contact spaces on the Website or via the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Jean Pierre Lopez through the Website are subject to the availability of the products and/or to no circumstances or force majeure (clause nine of these Conditions) affecting the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Jean Pierre Lopez undertakes to contact the User and to reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.
Shipping costs are included in the final prices of the products as displayed on the Website. Thus, Jean Pierre Lopez performs delivery and/or shipping services through: Post, UPS, SEUR.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: PayPal and Bank transfer
Jean Pierre Lopez uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
If the means of payment is PayPal, the charge will be made when Jean Pierre Lopez sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on "Place order" the User confirms that the payment method used is his or her own.
Purchase orders or purchases in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Jean Pierre Lopez for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this payment method, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In case of error, Jean Pierre Lopez will not be able to validate the order, which will be cancelled.
In cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: World-wide
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, Jean Pierre Lopez is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery at the agreed time, he/she must contact Jean Pierre Lopez to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Jean Pierre Lopez, Jean Pierre Lopez will understand that the User wishes to withdraw from the contract and the contract will be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and in any case within a maximum of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Jean Pierre Lopez receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Jean Pierre Lopez.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Jean Pierre Lopez through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "Place order", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Jean Pierre Lopez Website or in the event that the goods making up the User's order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify Jean Pierre Lopez of his decision. This can be done, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Jean Pierre Lopez makes available as an annex to these Conditions, but its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In the event of withdrawal, Jean Pierre Lopez will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Jean Pierre Lopez is informed of the User's decision to withdraw.
Jean Pierre Lopez will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Jean Pierre Lopez may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User can return or send the products to Jean Pierre Lopez at: Calle la canal-1 Sa Palmera 5 07818 Sa Canal Sant Jordi De ses Salines ( Ibiza )
It shall do so without undue delay and in any event not later than 14 calendar days from the date on which Jean Pierre Lopez was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Jean Pierre Lopez, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
The Model Cancellation Form can be downloaded at the following link: https://jeanpierrelopez.com/wp-content/uploads/2021/10/modelo-formulario-desistimiento-1.pdf
Return of defective products or delivery error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Jean Pierre Lopez immediately and inform him/her of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, under the terms legally established for each type of product, and Jean Pierre Lopez shall therefore be liable for any lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Jean Pierre Lopez and possess the qualities presented therein; they are suitable for the uses for which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Jean Pierre Lopez accepts no liability for the following losses, regardless of their origin:
- any losses which were not attributable to any breach by it;
- business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Likewise, Jean Pierre Lopez also limits its liability in the following cases:
- Jean Pierre Lopez takes all measures to provide a faithful display of the product on the Website, but cannot be held responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or others of this nature.
- Jean Pierre Lopez will act with the utmost diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Jean Pierre Lopez shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes specific to the sector, which result in delays, loss or theft of the product.
- Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. Jean Pierre Lopez puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
- Jean Pierre Lopez cannot be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Jean Pierre Lopez will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Jean Pierre Lopez shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to, force majeure:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure continues, and Jean Pierre Lopez will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. Jean Pierre Lopez will use all reasonable means to find a solution that will enable it to fulfil its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Jean Pierre Lopez will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Jean Pierre Lopez comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.
The User may send notifications and/or communicate with Jean Pierre Lopez through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Jean Pierre Lopez may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Jean Pierre Lopez of any particular legal right or remedy or failure by Jean Pierre Lopez to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Conditions, or relieve the User from compliance with its obligations.
No waiver by Jean Pierre Lopez of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision of a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. FULL AGREEMENT
The present Conditions and any document expressly referred to herein constitute the entire agreement between the User and Jean Pierre Lopez in relation to the object of the sale and purchase and supersede any other prior pact, agreement or promise made verbally or in writing by the same parties.
The User and Jean Pierre Lopez acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, problem or disagreement arising out of or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Jean Pierre Lopez and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send Jean Pierre Lopez his complaints, claims or any other comments he wishes to make via the contact details provided at the beginning of these Conditions (General Information).
In addition, Jean Pierre Lopez has official complaint forms available to consumers and users, which they can request from Jean Pierre Lopez at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Jean Pierre Lopez and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.