Shipments & Returns
GENERAL CONDITIONS OF CONTRACT
- PARTIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF CONTRACT:
(henceforth also the General Conditions or CGC):
On the one hand, the supplier of the products, Joan Jesús Peris Gómez (henceforth by his commercial name, JOAN PERIS), with registered office at CARRER LLEDÓ, 5, 08002 BARCELONA, (Barcelona), N.I.F. 18955620D, customer service telephone number 601180001, and e-mail: info@jonaperis.com, being the owner of the website www.joanperis.com, sets out the contractual document that will govern the procurement of products through the reviewed website.
And on the other hand, the User – Client (from now on the User), registered on the website through a username and password, on which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the lender.
BOTH ACCEPT this document, and it implies that the user:
a. You have read, understand and understand what is presented here.
b. That he is an adult and with sufficient capacity to contract.
c. That assumes all the obligations set out here.
d. That you have read and accept the present general conditions of purchase from the moment you purchase any product offered.
This document can be printed and stored by Users.
The lender makes available to them the e-mail address info@joanperis.com so that they can raise any doubts about these conditions.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the lender’s website.
The lender reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.
It is advisable that you keep a copy of the data contained in the purchased products.
JOAN PERIS is not responsible for any loss of data, files or any damage resulting from a failure of the User to back up the data contained in the purchased products such as memory cards.
JOAN PERIS is not responsible for the consequences that could result from an inappropriate use of the products for sale on the web.
The civil liability of JOAN PERIS for the products supplied is limited to the amount of these, the user renounces to claim any responsibility from the provider for any concept in any case of dissatisfaction with the products purchased on the website www.joanperis.com, as well as possible failures, slowness of access or errors in accessing the web, including loss of data or any other type of information that could exist on the computer or network of the user who accesses the web .
JOAN PERIS is a company specialized in the distance selling of artistic works and reproductions thereof. JOAN PERIS sells its products remotely over the Internet through its website. JOAN PERIS owns a physical store for the sale of its products. - OBJECT OF THE CONTRACT:
2.1Scope of application: The purpose of the current contract is to regulate the contractual relationship of purchase and sale created between the lender and the user at the time the latter accepts these purchase conditions during the online hiring process by checking the corresponding box. These GTC will apply from the day the order is placed.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product.
2.2 Territory of application: The virtual store of www.joanperis.com is active for everyone.
2.3 Capacity to contract: To be able to place an order, you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order through the website www.joanperis.com is carried out by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.joanperis.com or, if you wish and request, we can make them available to you by email.
2.5. Modification of the General Conditions of Contract: JOAN PERIS reserves the right to make changes and/or modifications in these CGC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced once an order has been placed, the conditions in force on the date on which this order was placed will apply. - INFORMATION SUPPLIED ON THE WEBSITE www.joanperis.com:
3.1 Publication of prices: The prices of the products are those shown for each product on our website www.joanperis.com
3.2 Product information: The information contained in our advertising, brochures, other written material, on our website or the one provided to you constitutes an invitation to make a purchase. The contents of www.joanperis.com are constantly renewed and updated to offer our customers the most complete and detailed information possible. All the contractual information present on www.joanperis.com is displayed in English and communication with customers and users, as well as the formalization of the contract, will be carried out in this language, although, if the customer so wishes, he can – in Spanish or Catalan upon request.
3.3 Availability of the product(s): There may be occasions when it is impossible to supply all products due to the fact that they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.
3.4 Right of Cancellation: JOAN PERIS reserves this action (right of cancellation) for the shipment of a certain product that does not meet the quality requirements imposed on all products of www.joanperis.com . In the event that this lack of quality is detected, the JOAN PERIS Customer Service will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of this product will be refunded.
3.5 Orders 24 hours a day, every day of the year: Order reception hours are twenty-four (24) hours three hundred and sixty-five (365) days a year, although not orders made after eighteen (18.00) hours will be processed, remaining for the following business day in the city of BARCELONA. Orders received on Fridays will be processed to arrive on Monday or the first business day, and orders received on Saturdays by 10am will be delivered on Monday (or the next business day). After this time they will be processed on Mondays and delivered the next business day, in the peninsula and as stipulated in the corresponding section for orders from outside the peninsula.
3.6 Fraud: If JOAN PERIS suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons. - PURCHASE PROCEDURE:
To be able to access the products offered by the provider, the user must register through the website by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required.
The user will select a username and password, committing to diligent use of these, and not to make them available to third parties, as well as to notify the lender of the loss or theft of the same or the possible access by an unauthorized third party, in such a way that this proceeds to the immediate blocking.
The user will not be able to choose as a username words that have the purpose of confusing others to identify him as an integral member of the lender, as well as offensive, insulting expressions and, in general, contrary to the law or the demands of morality and good customs.
Once the user account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the procurement procedure will follow the following steps:
1. Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.
2. If you wish to add more products, you must select the “Continue shopping” option. If by mistake you have added one that you did not want, you must click on the option to remove from the shopping cart.
3. Once the products have been chosen, you must click on the finalize tab to complete the order. By clicking this option, the purchase confirmation will appear (summary of the order placed, its details and method of payment).
4. User credentials will be requested in three ways:
a. user registration: if you are not a previously registered user, in order to make the purchase (this registration is free), you must fill out a data collection form in which you must accept the Privacy Policy . Once this has been completed, you will receive a registration confirmation e-mail at the indicated e-mail address.
b. If you were already registered and already a customer: you can access your data by clicking on the already registered user button, insert your username and password.
c. Purchase as a Guest: a series of personal data is requested to be able to make the order and subsequent delivery, and then the user’s consent to save their data is requested. If you provide it, they are saved and product information will be sent to you if you allow it, otherwise the data will be saved for future purchases only.
You should check your email inbox for spam and junk mail and always verify that the contact details you provide are correct.
5. Once registered, an observation screen will appear, where you can indicate the delivery schedule; a check box that you will have to mark as it is the acceptance of these General Contractual Clauses and the Privacy Policy.
6. To end the process, you must click on the Finish button
In any case, the provider’s recruitment platform will inform the user, once the recruitment procedure has been completed, via email regarding all the characteristics, price, forms of transport, date of recruitment and delivery terms of the purchased product.
If there is any type of error in the address indicated or in any other point of the order, you must notify it immediately to the e-mail address that will appear on the web to proceed with the amendment of this error.
If you have any questions, you can contact our Customer Service through any of the methods provided on the www.joanperis.com website.
JOAN PERIS will provide FREE Customer Service through our contact e-mail info@joanperis.com, if you choose another alternative means of communication, the user is the one who will have to take care of the particular cost of this .
JOAN PERIS makes available telephones in Spain subject to the cost of your telephone operator.
BUY AS A GUEST
This website also allows purchase through the guest purchase functionality. In this mode of purchase, only the essential data will be requested to be able to process your order. Once the purchase process is complete, you will be offered the option of registering as a user or continuing as a non-registered user.
- SHIPPING:
5.1 Transport company: will be carried out through the Mail Boxes Company, ETC; store GothicShipping, S.L., with C.I.F: B66935552 and address at C/Templers, 6 Local, (08002) Barcelona de Barcelona the customer service telephone number is XXXXXXXXXXXX
5.2 Shipping costs: Shipping will be free
5.3 Shipping Address:
Orders will be delivered to the delivery address freely designated by the user. In this way, the provider does not assume any responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made due to external causes to the shipping company, assigned for that purpose, as is the absence of the recipient.
When the purchase is made, the shipping location is chosen.
The delivery time of the order will be during regular working hours. The buyer will be responsible for contacting the assigned transport company, in the event of an incident.
Without prejudice to the above, the lender has adopted the measures required of a diligent merchant so that the delivery can be made in the agreed time, so no responsibility can be imputed against the lender.
Shipments are made throughout the European Union, United States, Canada and Australia.
JOAN PERIS will make every effort to ensure that your order is delivered within the time frame listed on our website with the date of issue of the order confirmation.
5.4 Delivery times: The delivery time is usually between 5-10 days depending on the product and the delivery address. In some cases, this time may be extended, depending on the target population and the time when the order is made.
This term is understood whenever the availability of the service has been confirmed and full payment of the order has been verified. In the case of products not available at the time of purchase, our Customer Service can provide availability information.
If several products have been requested in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. It must be taken into account that, given the lack of availability of any of the references at the time of shipment, you will have the right to cancel the order at any time before the shipment of the same contact with our Customer Service through the following email address: info@joanperis.com indicating the order number.
5.5 Confirmation of shipment: When the order is delivered to our carrier, confirmation of shipment will be sent to the email address provided when placing the order. The corresponding tracking number will be indicated in the shipment confirmation so that it can be tracked through the carrier’s website.
5.6 Damage during delivery: Products are sent in secure packaging. If at the time of delivery it is visibly and clearly seen, without the need to handle the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or it is seen, in the same way , an error in the goods received, the customer must immediately contact our Customer Service line +34 601180001 or email info@joanperis.com, in order to request the return of the affected product or products and proceed to its replacement by another in optimal conditions or refund the price paid for it, as indicated in this email.
Similarly, if damage is detected in the product once the package is opened even though the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it from her on our Customer Service line +34 601180001 or to the email info@joanperis.com. - PRICES AND TERMS OF THE VALIDITY OF THE OFFERS:
All prices displayed in the www.joanperis.com store include the VAT in force at the time of purchase. All prices listed on the website are valid and will be expressed in the Euro (€) currency. These costs, unless expressly stated otherwise, include the costs of shipping, handling, wrapping, shipping insurance or any other additional and ancillary services to the product or service purchased.
VALUE ADDED TAX: In accordance with what is provided in article 68 of Law 37/1992, of December 28, on value added tax, the delivery of the products will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of what is provided in article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.
The User will receive the invoice for the order to the email address provided by the User after the purchase has been made.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of it.
In the case of limited-time promotions, the promotion discount will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were carried out and will be used to determine whether or not this order is subject to promotion.
Local taxes or customs expenses arising from shipments outside Spanish territory will be borne by the buyer.
JOAN PERIS, will not be held responsible under any circumstances for the lack of compliance with the fiscal obligations that may arise from the purchase of the goods by the buyer.
For any information about the order, the User can contact the provider via the customer service telephone number or via e-mail at the address provided. - FORMS OF PAYMENT:
Below, we detail the available systems:
7.1 PayPal: Once the purchase is complete, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once payment has been made successfully, your order will be complete and an email will be sent with a summary of your purchase. Pressing the “Return to web” button will return to the web to view the order and be able to print it.
PayPal automatically encrypts confidential data using the most advanced technologies available on the market. PayPal has its own privacy policies and JOAN PERIS has no responsibility for them.
7.2 Bizum: Payment directly to our mobile phone. Once the purchase is complete, if you choose this form of payment, you will have to send
the amount to +34 685174019. Reference your name or order number and send a WhatsApp message to the phone numbers +34 601180001/+34 685174019 or an email to info@joanperis.com with the receipt of the bank transaction. Once the payment has been received, your order will be complete and an email will be sent with a summary of your purchase. Pressing the “Return to web” button will return to the web to view the order and be able to print it.
- RIGHT OF WITHDRAWAL:
8.1 Right of withdrawal: The user has the right to exercise the right of withdrawal, and for this he has a period of fourteen calendar days from the receipt of the product, without penalty for his exercise; the consumer must be reimbursed for the total amount of the purchase, that is, the price of the product plus shipping costs, within fourteen days following the exercise of the right of withdrawal by the ‘user/consumer. In relation to the shipping costs for the return of the products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary according to their nature, their characteristics or their operation, without this limiting their right to exercise ‘that. To exercise this right of withdrawal, you can fill out our withdrawal form, with your order number (to obtain a refund of the amount of the product(s) within the maximum period of fourteen (14) calendar days following the receipt of the order) next to your contact details. You can contact us via the email info@joanperis.com or by post (by any means allowed by law), always within fourteen calendar days of receiving the order. After this period, you can only request the return or exchange of the product(s) for technical reasons subject to the warranty of this product(s).
You will have to return the product with all the elements with which it was delivered, without damage or signs of wear of any kind, and that does not denote an inappropriate use of the good or different from the nature of the same to the address we have given you ease
It is recommended to return it in its original packaging, if this is not possible, the product could suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the product(s) they send, as well as the expenses arising from the shipment.
As long as the products are returned within fourteen calendar days, without damage or signs of wear and complying with the requirements established in this section, we will reimburse you the full amount of the purchase.
Exceptions to the right of withdrawal: The right of withdrawal will not be applicable to contracts that refer to:
a) The provision of services, once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by the employer, he will have lost his right of withdrawal.
b) 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.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that can deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that, after their delivery and taking into account their nature, have been indissociably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed upon at the time of signing the sales contract and which cannot be delivered before thirty days, and whose real value depends on market fluctuations that the employer can’t control
h) Contracts in which the consumer and user has specifically requested the employer to visit him to carry out urgent repair or maintenance operations; if, in this visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to such additional services or goods.
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
k) Contracts signed through public auctions.
m) The supply of digital content that is not provided in a material medium when execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
The buyer understands and accepts that, the works made to order given certain instructions or peculiarities, as well as the modifications in the chromatic or dispositive structure of the works or reproductions, requested on behalf of the buyer, as well as the elaborations ex- again of an original work and its reproductions, do not apply the right of withdrawal.
8.2. Return due to error in the order by JOAN PERIS: When the product does not correspond to the one in the order, due to some error attributable to the company, the user must communicate this by e-mail to the company as soon as possible; JOAN PERIS will cover the costs of collecting the product sent by mistake and delivery of the product corresponding to the order placed.
8.3 Verification of Returns: The verification and verification of the products subject to return will be the responsibility of JOAN PERIS who, once in its facilities, will verify that they are received in compliance with all the requirements established in section 9.1. If any of the elements are missing, we will notify you in writing via email indicating the missing content. - REINTEGRATIONS:
When the return occurs (exercise of withdrawal) the amount paid for the product plus the shipping costs will be returned. Return costs will be borne by the consumer-user. The deadline for making the refund will be at most within 14 calendar days and through the same means in which the purchase was made. - APPLICABLE WARRANTIES AND AFTER SALES SERVICES:
10.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.
Satisfaction guarantee: If at the time of receiving the product and before exercising the right of withdrawal, the user is not satisfied with the purchase, he can choose any of these options:
1. exchange the product for a voucher of the same value as the product purchased and returned, to exchange it for another of the same value (if the price of the product were higher than the voucher, the user must pay the difference) ,
2. Exchange the article for another, if the price of the product is higher than the changed product, the user will have to pay the difference.
10.2 Warranty in the event of a defective product: In the event of a defective product, JOAN PERIS will have to repair, replace, reduce the price or terminate the contract (as applicable), procedures that will be free of charge for the user. JOAN PERIS is responsible for any lack of conformity that manifests itself within two years of delivery; the consumer – user must inform JOAN PERIS of the lack of conformity within two months of becoming aware of it. - NULLITY AND INEFFICIENCY OF THE CLAUSES:
If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect this provision or the part thereof that is null or ineffective, the General Conditions remaining in all the rest, having said provision, or the part of it that was affected, as not put. - ONLINE DISPUTE RESOLUTION (ONLINE DISPUTE RESOLUTION):
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission facilitates a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, eventually being able to suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr
APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject of these Conditions to the Courts and Tribunals of the provider’s domicile (if he is not considered as a consumer for the purpose of TRLGDCU) or the user (if considered as a consumer for the purposes of the TRLGDCU).
14. APPLICABLE REGULATIONS:
These General Conditions are subject to the provisions of:
European regulations governing electronic commerce:
• Directive 97/7/CE relating to the protection of consumers in the matter of distance contracts (Distance Sales Directive);
• Directive 2000/31/EC relating to certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).
Spanish regulations:
• Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defense of Consumers and Users.
• Law 7/1998, of April 13, on General Contract Conditions, and subsequent amendments,
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data and which repeals Directive 95/46/CE (General Data Protection Regulation)
• Organic Law 3/2018, of December 5, on Protection of Personal Data and Guarantee of Digital Rights,
• Law 7/1996, of January 15, on the Organization of Retail Trade, and
• Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and subsequent amendments.
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint sheets available to consumers and users. You can request them by calling the Customer Service number 664103962 or through our contact form.