GENERAL TERMS FOR THE ONLINE CONTRACTION OF JUVÉ & CAMPS PRODUCTS
This document sets out the general terms and conditions (the “General Terms”) that govern the relationship between you (the “Client”) and Juvé & Camps (as this term is described below).
Juvé & Camps, S.A.U. a Company duly incorporated under the laws of Spain, with corporate address at calle Sant Venat, 1, 08770, Sant Sadurní d’Anoia, Barcelona (España), with Tax Identification Number (NIF) A08186025, registered with the Commercial Registry of Barcelona, under volume 11558, folio 153, page number B-63320, entry 34, with email address for contact purposes at email@example.com (“Juvé & Camps”), which is included on the webpage hosted in www.juvecamps.com (the “Webpage”).
The Service (as this term is defined below) offered through the Webpage is addressed to individuals residing in Spain and who are above the age of eighteen (18).
To request information about the Service or the Agreement (as the term is defined below) the Client may contact Juvé & Camps using the above-mentioned email address, as well as the following telephone number +34 687 326 390.
These General Terms, together with the individual terms agreed to by the Client and Juvé & Camps (the “Agreement”) set out the terms applicable to the purchase of the products offered by Juvé & Camps (the “Products”) through their Webpage (the “Service”).
3. PURCHASE ORDER AND DELIVERY
To purchase the Products correctly, the Client must provide Juvé & Camps, through the specified means, with the personal data necessary to place the purchase (such as name and surnames, contact details and delivery address), and proceed with the payment of the Price (as the term is defined below) in accordance with Clause 5.
Juvé & Camps, through third party contractors, will deliver the Products to the address provided by the Client. Juvé & Camps will not be responsible for any Products that are not delivered to the place and within the term specified by the Client if the Client has provided a wrong or inexistent delivery address.
The Products must be delivered within a maximum of thirty (30) calendar days. If the Client does not receive the Products within the specified term, it may contact Juvé & Camps by email to firstname.lastname@example.org.
4. CLIENT’S OBLIGATIONS
The Client undertakes to use the Service sensibly and in accordance with the applicable laws. In particular, the Client will observe the following rules:
- Access the Service only if they are eighteen (18) years old or above.
- Purchase the Products for private consumption and not distribute or resell the Products to third parties and, in general, not carry out unfair competition activities or use the
Service in a fraudulent manner.
- Provide Juvé & Camps with complete, accurate and real information.
- Not process or reveal personal data to third parties.
- Not impersonate someone else when using the Service.
If a Client does not fulfil its obligations, it will be liable to Juvé & Camps for any claims by any third parties or rulings, penalties and/or fines that the courts or other competent bodies may impose on Juvé & Camps, as a result of the Client infringing the Agreement.
Juvé & Camps reserves the right to deny access to the Service to any Clients that have not complied with the obligations regulated in this Clause.
5. PRICE AND PAYMENT
The Client must pay the full amount for the Products it purchases based on the list of prices published in the Product catalogue, which is available on the Webpage, (the “Price”) by means of a transfer to the bank account provided by Juvé & Camps to the Client. The Price of the Products will include the Value Added Tax (VAT), as well as any other applicable taxes, breaking down (on the Webpage and in the purchase invoice) any additional expenses borne by the Client and any applied discounts. The Price of the Products will be paid in Euros. In the event of purchases of less than fifty (50) Euros, the expenses to be borne by the Client are seven (7) Euros.
Once the Client has paid the Price of the Products, it shall immediately send an email to email@example.com with proof of the bank transfer it has made for the Price of the Products, including, as the case may be, any expenses that the Client must bear. Once the receipt of the Client’s bank transfer is received, Juvé & Camps will send, within twenty-four (24) hours, an email to the Client confirming that the purchase of the Products has been completed.
For clarification purposes, the purchase of the Products will not be completed until Juvé & Camps confirms to the Client that it has received proof of the bank transfer.
Without prejudice to the right of termination under Clause 9, this Agreement will remain in force from the time the order has been placed and until the Client has received the Products, except for those clauses that must remain in force after its termination, in accordance with Clause 12.
7. RIGHT OF WITHDRAWAL
The Client may exercise their right to render the purchase they have placed through the Webpage voig, without justification or penalization, within fourteen (14) days following the reception of the Products. The right to render the purchase void will be understood as exercised when the withdrawal form has been sent to Juvé & Camps before the end of this period. The Client accepts and recognizes that it will not have the right to withdraw from the Agreement once the fourteen (14) day period has elapsed.
To exercise the right of withdrawal, the Client must fill in the withdrawal form available on the Webpage, or explicitly notify (such as by email or by sending a letter) their decision to render the purchase of the Products void. In both cases, the Client should send said notification to firstname.lastname@example.org indicating as reference “Right of withdrawal”. Juvé & Camps will immediately notify the Client, in a durable format (e.g. by email), of the reception of their request to withdraw.
Juvé & Camps will reimburse the Price of the Products once it has received the Products or the Client has provided Juvé & Camps with proof of having returned the Products. This reimbursement will be carried out with the same payment method used to make the purchase of the Product (unless the Client specifies otherwise). The Client will not incur in any costs as a result of the reimbursement. The Products must be returned to the premises detailed in Clause 1, in their original package, and ensuring that they are in good condition, within a maximum period of fourteen (14) calendar days, as from the date the Client has notified their decision to withdraw from the Agreement. This period will be understood as ended if the Products are returned before the fourteen (14) calendar day period ends.
The Client will bear the return costs of the Products. The approximate calculated cost is a maximum of seven (7) Euros.
The Client will only be responsible for a decrease in the value of the Products if these have been handled in a way other than to verify the nature and characteristics of the delivered Products.
Exercising the right of withdrawal will end the parties’ obligations under this Agreement.
8. WARRANTIES AND AVAILABILITY OF THE PRODUCST. LIABILITY
The Products are subject to the legal warranty regulated in the laws applicable to consumers and users and, specifically, Juvé & Camps assures that the Products purchased by the Client through the Web have the characteristics and particularities described in it. In the event of non-conformity of the Products, the Client will return the Products in their original package to Juvé & Camps, to the address specified in Clause 1. Juvé & Camps will bear the return costs.
The Products offered through the Web may not be available for delivery to the Client. If Juvé & Camps receives an order for Products that are out of stock, it will immediately notify the Client and offer the possibility of supplying similar Products, of the same or of superior quality, or reimburse the Price without undue delays.
Juvé & Camps will not be responsible for the consumption of alcoholic beverages, purchased through the Web, by the Client or by any third parties to whom they deliver them.
The parties may terminate the Agreement if any contractual and/or legal obligations under this Agreement are breached, without the breach having been remedied within thirty (30) calendar days, from the time the complying party request an amendment from the infringing party. The termination of this Agreement will not affect the right of the parties to claim the corresponding damages, and it will not affect the reimbursement of the Price to the Client by Juvé & Camps, if the latter breaches its obligations under this Agreement,.
In the event of any claims arising out of the Agreement, the Client may contact Juvé & Camps by sending an email to email@example.com or sending a communication to the following address calle Sant Venat, 1, 08770 Sant Sadurní d’Anoia, Barcelona. The Client may recourse to an out-of-court complaint mechanism in place to solve any disputes, as well as the online platform for the resolution of conflicts available at ec.europa.eu/consumers/odr.
11. DATA PROTECTION
Data controller: Juvé & Camps, S.A.U. is the data controller of the Client’s personal data with address for contact purposes atcalle Sant Venat, 1, 08770 Sant Sadurní d’Anoia, Barcelona (España).
Purpose of the processing: Juvé & Camps will process the Client’s personal data to (i) carry out the necessary actions as a result of the purchase of the Products through the Web, and (ii) send commercial communications and newsletters about the products, services, events and promotions of the Juvé & Camps group.
Legal bases of the processing: the legal grounds for processing the Client’s personal data are (i) the execution of the contractual relationship between the Client and Juvé & Camps; and (ii) the legitimate interest of Juvé & Camps to send to the Client information about products, services, events and promotions of the Juvé & Camps group similar or related to the products and services purchased by Client.
We understand that the legitimate interest in which Juvé & Cams bases the processing of your personal data does not infringe your fundamental rights and freedoms since the Client has reasonable expectations in the reception of said information on the basis of its contractual relationship with Juvé & Camps. In any case, the Client may exercise its right of objection by addressing such request at firstname.lastname@example.org.
Data retention period: Juvé & Camps will actively process the Client’s personal data during the time required for the execution of the contractual relationship and, while the Client does not object to receiving communications about products, services, events and promotions of Juvé & Camps.
If the Client objects to receiving these communications, Juvé & Camps will store the minimum personal data necessary to identify that the Client does not wish to receive commercial communications or newsletters.
Once the Agreement is terminated, the Client’s personal data will be stored until the end of the statutes of limitation of any liabilities that could arise, and during the terms required to comply with any legal and applicable obligations.
Recipients: Juvé & Camps will share the Client’s personal data with distributors, logistic platforms and other transport companies required to manage the delivery of the Products purchased by the Client through the Web as well as with Juvé & Camps group companies to send commercial communications or newsletters.
Juvé & Camps will not share the Client’s personal data with any third parties, unless required by law.
Data protection rights: The Client’s rights on data protection are:
- Right of access: request confirmation to whether the personal data are being processed and, in that event, to access the information included in Juvé & Camps’ files.
- Right to rectification: request the modification of your personal data if these are inaccurate.
- Right to erasure: request the erasure of personal data.
- Right to object: request that the personal data are not processed under certain circumstances.
- Right to data portability: request receiving, in an electronic file, the personal data provided to Juvé & Camps, as well as the right to transfer the data to third parties.
- Restriction of processing: request a restriction of the processing of your personal data when (i) the accuracy of your personal data is being verified, (ii) the processing of the personal data is illegal and the Client objects to its erasure, (iii) Juvé & Camps does no longer need the personal data for the purposes of the processing, but they are required by the Client for the establishment, exercise or defence of legal claims, and (iv) the Client has objected to the processing of the personal data for the performance of a task carried out in the public interest or necessary for the purposes of a legitimate interest, whilst it is being verified if Juvé & Camps legitimate grounds override the Client’s.
In particular, the Client has the right to object to having their personal data processed to stop receiving commercial communications and newsletters from the Juvé & Camps group.
The Client may exercise, when applicable, its data protection rights by sending a communication in writing to email@example.com, specifying in the subject line “Data Protection”. To that end, Juvé & Camps may request from the Client a copy of its valid ID or passport, or any other valid document proving their identity.
The Client has right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) or with any other data protection authority.
The Client may not assign, replace or transfer to any third party the rights regulated in this Agreement without the prior written consent of Juvé & Camps.
In the event of discrepancy between the provisions of the General Terms and the Individual Terms, the latter will prevail.
The Agreement constitutes the final, entire and exclusive agreement between the parties in relation to its object, and it replaces any prior agreements and discussions between the parties. Except for any modifications in the Agreement that do not affect the rights and obligations of the Client, any other modification will require the Client’s prior written authorization before the added, modified and/or deleted provisions come into force, and are fully applicable to the relationship between the parties.
The lack of or delay in the exercise of any right or demand to comply with any of the obligations arising from this Agreement, will not constitute the waiver of such right or demand to comply with the obligation, nor the waiver or any other rights or demand to comply with the obligations, unless the corresponding party acknowledges and agrees to it in writing.
If any provision within this Agreement were considered null or unenforceable, totally or partially, by any competent court or administrative body, said nullity or unenforceability will not affect the remaining provisions of this Agreement.
The parties accept that Clauses 4, 7, 8, 9, 10, 11, 12 and 13 will remain in force after the termination of this Agreement for any reason.
The headings of the clauses are for information purposes only, and will not affect, classify or broaden the interpretation of this Agreement.
13. APPLICABLE LAW AND JURISDICTION
This Agreement has a commercial nature and will be construed and executed according to its own terms; otherwise it will be governed by the laws of the Kingdom of Spain, without prejudice to any other applicable regulations pursuant to current Spanish and community laws in relation to the applicable legislation and competent jurisdiction. However, in those cases where the legislation provides the parties with the possibility of submitting to a jurisdiction, Juvé & Camps will submit any disputes and/or discrepancies to the Courts of the city of Barcelona.
Created on: April 2020