GENERAL CONTRACTING CONDITIONS

This contractual document will govern the contracting of products and services through the website https://www.jan-collezione.com, owned by GISBI TRENDY S.L, hereinafter PROVIDER.

Acceptance of this document implies that the USER:

• You've read, you understand and you're agree with this text.
• He is a person with sufficient capacity to contract.
• Assume all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.

Identity of the parts contracting

On the one hand, the supplier of the goods or services contracted by the USER is GISBI TRENDY S.L, with registered office at Travessera de Gràcia, 56, 3º 1ª, 08006, Barcelona, ​​CIF B65506594 and with customer service telephone number 952 768 477

And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.

Procedure of recruitment

The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (RGPD), and the Law Organic 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or possible access by an unauthorized third party. , so that it proceeds to the immediate blockade.

Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
4. Claims.
5. Overwhelming force.
6. Competence.
7. Offer overview.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchasing process.
12. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order to the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that the payment has been made.

Merchandise shipments will usually be made by GLS or EXPRESS POSTAL MAIL.

If you have bought from Spain, you will receive an email / sms from the courier company GLS or emails for CANARIAS / CEUTA / MELILLA AND ANDORRA as soon as your order leaves the warehouse. You can contact them directly in case there is any anomaly or modification in the delivery.

If you have bought from Europe, in the GLS confirmation email, you will find a link to track the order. In it you will be able to consult exactly where you are at all times and the contact information of the courier company.

Shipments destined for countries of the European Union or areas such as the Canary Islands, Ceuta and Melilla may be subject to additional expenses (import taxes, customs duties and / or fees applied by the authorities of each country) which must be made charged by the buyer. Customs policies vary widely, so we recommend that you contact your local customs office to have all the information.

The delivery dates or deadlines shall be understood as approximate, the delay not constituting an essential non-compliance.  

In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derives no liability for damages attributable to the PROVIDER.

The delivery time is usually between 2 and 5 working days, depending on the destination population and the chosen form of payment. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

Orders and order extensions are processed the same day from their entry into our system until 12:30 H. If they are made later, they will be processed the next day.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his / her delegate, has signed the delivery receipt document.

It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure to be followed to perform this download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (Law 1/2007 of consumers and users). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.

2. If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.

3. When the product is open without being able to show that it has not been used.

4. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 1/2007 on consumers and users.

All returns must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form enabled for it, or by email to reclamaciones@jan-collezione.com, , indicating the invoice or order number.

Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at their expense, at the address of GISBI TRENDY SL, Travessera de Gràcia, 56, 3º 1ª, 08006, Barcelona.

4. COMPLAINTS

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postal: GISBI TRENDY S.L, Travessera de Gràcia, 56, 3º 1ª, 08006, Barcelona

Telephone: 952 768 477

Mail: reclamaciones@jan-collezione.com

Online dispute resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides 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, 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, finally being able to suggest and / or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of GISBI TRENDY S.L or to what is stipulated herein, will have effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.

Once the order is placed, the prices will be maintained whether there is product availability or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the business name that he has informed at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.

For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 952 768 477 or via email at the address: reclamaciones@jan-collezione.com 

9. TRANSPORTATION COSTS

The prices do not include shipping or communication costs, or installation, or complementary services, unless expressly agreed in writing to the contrary.

The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.

The maximum transport rate applied is as follows:

Peninsular Spain up to 2 Kg:  € 11 and Insular € 12

Europe Base up to 2 Kg: € 15.73

Home deliveries will have no cost on orders over € 40 in Peninsular and Insular Spain. In the case of orders less than that amount, the postage will be paid by the customer. Home deliveries will have no cost for orders over € 120 in Europe Base (Portugal, Germany, Belgium, France, Italy, Luxembourg.) In case of orders less than that amount, the postage will be borne by the customer.

10. FORMS OF PAYMENT

The PROVIDER enables the following ways to pay for an order:

Visa, Master, American Express, JCB, Diners, Unionpay and Bizum.

11. PURCHASE PROCESS

Basket (budget similation)

Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties.

From the basket you can place an order by following the steps below for its correct formalization:

1. - Checking the billing information.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

Orders (purchase requests)

In a maximum of 24 hours, on working days, an email will be sent to confirm the status of the order and the date of shipment. If you can't find it in your inbox, check your spam folder or write to us.

In turn, you will also receive an email from our partner  please-reply@tree-nation.com, in which we give you a tree, to see its Location: Your trees will grow within the project Eden Projects, Madagascar.

12. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of  Barcelona (Spain).