Terms and Conditions

Holder and General Terms and Conditions of Contract
 

These General Conditions of Contract — hereinafter referred to as CGC — regulate the purchase conditions of the various products offered on our website: www.jomarmp.com, owned by Jomar Instalaciones de Pintura S.L. (hereinafter Jomar), a Spanish company with CIF B91999995, located at Calle Gramil, 6, Polígono Industrial Store, 41008, Seville – Spain.

Users making purchases on jomarmp.com fully accept these CGC and agree to be bound by them, as if they were written at the time of contracting/purchase.

It is an essential requirement to read and accept the CGC prior to purchasing any product through jomarmp.com.

Jomar reserves the right to modify the CGC at any time and without prior notice. The CGC will always be accessible on the website for users to consult or print at any time.

Prices and sales conditions are purely informative and may be modified due to market fluctuations. However, placing an order by completing the purchase form implies acceptance of the offered price and the current general sales conditions. Once the order is formalized, the purchase will be considered legally completed, with all legal guarantees protecting the consumer buyer. From that moment, prices and conditions will have a contractual nature and cannot be modified without the explicit agreement of both parties. The contract will be formalized in Spanish. The electronic document formalizing the contract will be archived, and the user will have access to it in their customer area.

Jomar has the right to cancel an order if the customer has an outstanding debt with the company.

Revised as of July 2, 2019.

JOMAR reserves the right to deny and/or suspend access to the services provided on jomarmp.com for reasons such as breach of good faith, non-compliance with applicable legislation, violation of these General Purchase Conditions, or in cases of fraud detected by the company or its suppliers.

Guarantee

The warranty does not cover defects caused by incorrect use of the product and/or manipulation of the same other than that necessary to establish its nature, characteristics or functioning. In such cases, the consumer shall be responsible for their repair. The following are therefore excluded from the guarantee:

Defects and damage 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 products that are the subject of a specific support contract.
Incorrect configuration of a computer by the client. Incorrect configuration or equipment failure caused by a component not supplied by JOMAR and incorporated by the customer.

Discontinuance

To this effect, JOMAR informs that the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU) establishes several options to be able to exercise the right of withdrawal. It provides for the possibility of doing so by filling in a telematic form. In order to shorten the times and that you can make the return in a comfortable way and without delays, from JOMAR we advise you to make use of this option and fill out the withdrawal form.

In accordance with current legislation, the contract concluded may be terminated, without need to justify such a decision and without penalty of any kind, within 14 calendar days from receipt of the goods by the customer.

The consumer shall only be liable for the loss in value of goods resulting from handling other than that necessary to establish their nature, characteristics or functioning

The right of withdrawal shall not apply to contracts relating to:

1. The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.
2. The supply of goods or services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.
3. The supply of goods manufactured to consumer and user specifications or clearly customized.
4. The supply of goods which may deteriorate or expire rapidly.

5. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
6. The supply of goods which, after delivery and taking account of their nature, have been indivisibly mixed with other goods.
7. The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered before 30 days, and whose real value depends on fluctuations in the market that the entrepreneur cannot control.
8. Contracts where the consumer and user have specifically requested the entrepreneur to visit them for urgent repair or maintenance; if, during that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than spare parts necessarily used for carrying out maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.
9. The supply of sealed sound or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
10. The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
11. Contracts concluded through public auctions.
12. The provision of accommodation for purposes other than housing, transport of goods, rental of vehicles, catering or services related to leisure activities, if contracts provide for a specific date or period of performance.

13. The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user with the knowledge by them that they consequently lose their right of withdrawal.
Once we receive the/s product/s, we will refund the money according to the payment method you have used:

If the payment was made by card, the credit will be made to the account corresponding to this card within 48 to 72 hours.
If the payment was made by Paypal, the credit will be made to the Paypal account with which the purchase has been previously made.
If the payment was made by transfer, you will be asked for an account number in order to make the credit. Please note that it may take up to 48 business hours until it is reflected in the bank account.
If you made a financing, a total or partial cancellation of the amount financed will be made, as the case may be.
For the rest of the payment methods, an account number will be requested to make the credit.
The customer will only be liable for the decrease in value of the goods resulting from a manipulation of them other than that necessary to establish their nature, their characteristics or their functioning.

Cancellations of orders

Those cancellations of orders that involve 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 period is not more than 7 days.

Settlement of disputes

Online consumer dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.

Compensation system for private copying

Pursuant to the Royal Decree-Law 12/2017 12/2017, of 3 July, amending the consolidated text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of 12 April, as regards the system of equitable compensation for private copying, JOMAR INSTALACIONES DE PINTURA, S.L. will have to collect, in the appropriate cases, a compensation for the sale of those products or non-typographical devices, offered for sale on shop.jomarmp.com that, intended exclusively for private, non-professional or business use, reproducing works (books or similar publications, phonograms and videograms) owned by third parties (publishers, producers of phonograms and videograms, performers...).

Notwithstanding the above, it is reported that there is 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, as amended by the aforementioned Royal Decree-Law 12/2017 regulating the manner and requirements for justifying the right to reimbursement for those natural and legal persons exempted by law and/or those who, without being exempted, have been able to use the purchased product exclusively for professional purposes or for its export or delivery intra-Community.

In this sense, those companies, professionals, freelancers and public bodies exempted in the sense indicated, must compulsorily attest to JOMAR, through the certificates established by the Royal Decree-law, which are within the scope of exemption from fees in order to be able to apply them legally.

More information at the following link: http://www.boe.es/boe/dias/2017/07/04/pdfs/BOE-A-2017-7718.pdf