Holder and general contracting conditions
THESE GENERAL CONTRACT CONDITIONS - NOW CGC - REGULATE THE CONDITIONS OF PURCHASE OF THE DIFFERENT PRODUCTS OFFERED ON OUR WEBSITE: SHOP.JOMARMP.COM, OWNED BY JOMAR INSTALACIONES DE PINTURA, SL (NOW JOMAR), A COMPANY SPANISH, WITH CIF B91999995, AND LOCATED IN CALLE RODILLO, 6, POLIG. IND. NUEVO CALONGE, 41007, SEVILLE - SPAIN.
USERS WHO MAKE PURCHASES AT SHOP.JOMARMP.COM FULLY ACCEPT THESE CGCS AND WILL BE BOUND BY THEM, AS IF THEY WERE WRITTEN AT THE TIME OF PURCHASE / PURCHASE.
THE READING AND ACCEPTANCE OF THE CGCS WILL BE ESSENTIAL, PRIOR TO THE PURCHASE OF ANY PRODUCT THROUGH SHOP.JOMARMP.COM
JOMAR INSTALACIONES DE PINTURA, S.L. RESERVES THE RIGHT TO MODIFY THE CGC AT ANY TIME AND WITHOUT PRIOR NOTICE. THE CGCS WILL ALWAYS BE ACCESSIBLE FROM THE WEBSITE, SO THAT THE USER CAN CONSULT THEM OR PRINT THEM AT ANY TIME.
THE PRICES AND CONDITIONS OF SALE ARE PURELY INFORMATIVE AND CAN BE MODIFIED IN RESPONSE TO MARKET FLUCTUATIONS. HOWEVER, THE COMPLETION OF THE ORDER BY COMPLETING THE PURCHASE FORM, IMPLIES COMPLIANCE WITH THE PRICE OFFERED AND WITH THE GENERAL CONDITIONS OF SALE IN FORCE AT THAT PARTICULAR TIME. ONCE THE ORDER IS FORMALIZED, THE FULL PURCHASE WILL BE UNDERSTOOD TO BE PERFECTED, WITH ALL THE LEGAL GUARANTEES THAT PROTECT THE ACQUIRING CONSUMER AND, FROM THAT MOMENT, THE PRICES AND CONDITIONS WILL BE CONTRACTUAL AND CANNOT BE MODIFIED WITHOUT THE EXPRESS AGREEMENT OF BOTH CONTRACTORS . SPANISH WILL BE THE LANGUAGE USED TO FORMALIZE THE CONTRACT. THE ELECTRONIC DOCUMENT IN WHICH THE CONTRACT IS FORMALIZED WILL BE ARCHIVED AND THE USER WILL HAVE ACCESS TO IT IN THEIR CLIENT AREA.
Condiciones revisadas a 2 de julio de 2019
JOMAR reserves the right to deny and / or suspend access to the services provided on shop.jomarmp.com for reasons of breach of contractual good faith, breach of the applicable legislation, of these General Conditions of Purchase and / or in cases of fraud detected by this company and / or any of its suppliers.
- Delivery times range between 24 and 72 hours at the customer's choice. We cannot guarantee these delivery times, although we try to ensure that transport companies meet them whenever possible. In rural populations far from urban centers it is not possible to guarantee delivery in 24 hours.
- Delivery times will depend on the availability of each product, which is indicated in each and every one of the products offered. For orders that include several items, a single shipment will be made and the delivery time will correspond to the item whose delivery time is longer.
- The customer will have 72 hours to verify the integrity of all the components of the order and to verify that everything they owe is included in the products included. After 72 hours, the shipment will be accepted and claims will not be accepted for damage or failure with the shipment.
- An order will be considered delivered when the delivery receipt is signed by the customer. It is in the next 24 hours when the customer must verify the products upon receipt and expose all the objections that may exist.
- In case of receiving a product damaged by transport it is advisable to contact us within the first 24 hours to be able to claim the incident from the transport company. In the same way it is convenient to record the transport company.
- You can check everything related to shipping costs by doing click aquí.
For these purposes, JOMAR informs that the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU) establishes several options to exercise the right of withdrawal. Among them, it contemplates the possibility of doing it by filling out a form electronically. In order to shorten the times and so that you can make the return in a comfortable way and without delays, from JOMAR we advise you to make use of that option and fill out the withdrawal form.
In accordance with current legislation, it is possible to terminate the contract concluded, without the need to justify such decision and without penalty of any kind, within a period of 14 calendar days from the receipt of the merchandise by the customer.
The consumer will only be responsible for the decrease in value of the goods resulting from a manipulation of the same different from that necessary to establish its nature, its characteristics or its operation
The right of withdrawal will not be applicable to contracts that refer to:
- The provision of services, once the service has been fully executed, when the execution has begun, with the express prior consent of the consumer and user and with the acknowledgment on the part that he is aware that, once the contract has been Completely executed by the employer, he will have lost his right of withdrawal.
- The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
- The supply of goods made according to the specifications of the consumer and user or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods that are not suitable for return for reasons of health or hygiene protection and that have been unsealed after delivery.
- The supply of goods that after their delivery and taking into account their nature have been mixed indissociably with other goods.
- The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
- The contracts in which the consumer and user has specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; If, on that visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such services or additional goods .
- The supply of sound or video recordings sealed or sealed computer programs that have been unsealed by the consumer and user after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded through public auctions.
- The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
- The provision of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.
Once we receive the product (s), we will refund the money according to the payment method you have used:
- If you paid with card, We will make the payment in your account within 48 to 72 hours.
- If you paid for Paypal, We will make the payment in your account Paypal.
- If you made the payment for transfer, We will ask you for an account number to make the payment. Keep in mind that it can take up to 48 business hours until it is reflected in your bank account.
- If you paid for financing, We will proceed to make a total or partial cancellation of the amount financed according to the case.
- For the rest of the payment methods, we will request an account number to make the payment.
You will only be responsible for the decrease in value of the assets resulting from a manipulation of the same different from that necessary to establish its nature, its characteristics or its operation.
You will find more information about the return process in the “I want to make a return” section of the Support center.
Check our return policy.
Conditions of returns for private customers
- All merchandise must be returned in its original packaging and conditions, in perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the item. Otherwise JOMAR reserves the right to refuse the return.
- Once you have filled out and sent the withdrawal form, you will receive the instructions to send it to our facilities in your email. You must send the goods without any delay, within a maximum period of 14 calendar days from when you communicate your desire to exercise the right.
- The transport costs originated by the return will be at your expense. You are free to choose and look for the agency that best suits your needs or offers you the most competitive rates.
- Once the merchandise is received and verified that it is in perfect condition, the refund will be processed. We will refund the payment received, including the delivery cost with the exception of the additional expenses resulting from the choice by you of a delivery method different from the less expensive modality of ordinary delivery we offer.
- Return of products with gift or promotion. The full return (full pack or item + gift) will be mandatory in order to proceed with the refund. In the case of products that include game download codes, it will be a requirement not to have downloaded it to proceed with the full subscription. In the event that it has been downloaded, the amount of the game will be deducted from the total to be refunded.
Return conditions for distributors
- Only returns of material without unsealing and in perfect condition, will be accepted during the 30 calendar days after receipt.
- The existing promotions on the web that extend the 30-day delivery period will not be applicable to distributors, who will always have a 30-day return period.
- Such returns will be processed as a commercial return, since there is no law that regulates the rights of return between companies, and these procedures are regulated according to the conditions of JOMAR.
- Returns of products in blister or heat-sealed, and other products that have a broken factory safety seal will not be accepted
- These conditions do not void the right to guarantee or exchange defective products. JOMAR reserves the right to refuse the return if any anomaly is detected in the returned product.
The warranty does not cover those defects caused by improper use and / or handling of the product other than that necessary to establish its nature, characteristics or operation. In those cases the consumer must take care of their repair. They are therefore excluded from the guarantee:
- Defects and deteriorations caused by external events, accidents, mainly electrical accidents, wear and use not in accordance with the instructions of JOMAR.
- Products modified or repaired by the customer or any other person not authorized by JOMAR, as well as the products that are the subject of a specific support contract.
- Incorrect configuration, by the client, of a team. Incorrect configuration or failure of a device caused by a component not supplied by JOMAR and incorporated by the customer.
All the information related to product warranties can be found in the section on warranty.
Those cancellations of orders that imply a return to the customer and that are by bank transfer will have a maximum period of 30 days for administrative procedures, although we try that the term does not exceed 7 days.
Legal Basis of Contests
All information on the legal basis of the competitionshere.
Resolution of online litigation in matters of consumption in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.
Compensation system for private copy
Under Royal Decree-Law 12/2017 12/2017, of July 3, which modifies the consolidated text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of April 12, in Regarding the fair compensation system for private copying, JOMAR INSTALACIONES DE PINTURA, SL you will have to charge, in the cases that are appropriate, compensation for the sale of those non-typographic products or devices, offered for sale at shop.jomarmp.com that, exclusively for private, non-professional or business use, that reproduce works ( books or similar publications, phonograms and videograms) owned by third parties (publishers, producers of phonograms and videograms, performers ...).
Notwithstanding the foregoing, the existence of a system of exemption and reimbursement of the payment of these compensations, which is regulated in the new art. 25, point 7 and 8 of the Intellectual Property Law, modified by the aforementioned Royal Decree-Law 12/2017 that regulates the mode and requirements to justify the right to reimbursement for those natural and legal persons exempted by law and / or those that without being exempted, they have accredited to allocate the purchased product for exclusively professional use or for export or intra-community delivery.
In this sense, those companies, professionals, freelancers and public organizations exonerated in the indicated sense, must obligatorily accredit JOMAR, by means of the certificates established by the Royal Decree-Law, which are within the cases of exemption from canon to be able to legally apply them .
More information in the following link:http://www.boe.es/boe/dias/2017/07/04/pdfs/BOE-A-2017-7718.pdf