Terms and Conditions

General conditions of hiring

 

I. general Conditions of hiring


1.1 The present general conditions of hiring, along with the particular conditions that can settle down, will specifically regulate the relations arisen between Provisions JIG., with address in Awards of Dalt, in Barcelona, and with direction of electronic mail shop@jig.com.es (in ahead, “JIG-SHOP”) and third (in “ahead Usuary”) that uses the vestibule of Internet www.jig-shop.com (from now on the “Vestibule”), as well as with third that contract products offered through same.
JIG reserve, at any moment, the right to modify unilaterally, without previous warning, and at any time the presentation and configuration of the Vestibule.

1.2 The present General Conditions have been elaborated in accordance with the established thing in Law 7/1998 on General Conditions of the hiring, the Real Decree 1906/1999 by which the telephone or electronic hiring with general conditions developing of article 5,3 of Law 7/1998, 26/1984 is regulated Law General for the Defense of Consumers and Users, Law 7/1996 of Arrangement of Retail Comercio, Real 14/1999 Decree-Law regulator of the Electrónica Company and whichever legal dispositions are from application.

1.3 By the use of the Vestibule of JIG, You the visit like the use and/or the acquisition of anyone acquires the condition of Usuario.Tanto of products of the Vestibule, suppose the acceptance like User, without reserves of no class, to all and each one of General Conditions, as well as in their case, to the Particular Conditions that, in their case, govern the acquisition.

1,4 JIG will be able, at any moment and without previous warning, to modify the present General Conditions, by means of the publication of these modifications in the Vestibule in order that they always can be known by the Users before the visit the Vestibule or the acquisition of any supplied goods in the Vestibule.

II. Offered products. System of purchase


2.1 The products supplied in the Vestibule, along with their characteristics and prices will appear in screen.
Also they will appear in screen the expenses from shipment to the address of the User of the products, that will be always on behalf of the buyer. These products will be available for their sale until aim of existence. The prices indicated in screen are in euros and they do not include the I.V.A or any other tax that outside application and is the effective ones, except for mecanográfico error.
The supplies properly will be indicated in screen. JIG reserves the right to decide, at every moment, the products that are contained and they are offered to the Users through Vestibule. In this way, JIG will be able at any time to add new products to including in the Vestibule, being understood, unless another thing is arranged, that such new products will be governed then by the arranged thing in the General Conditions in vigor.
Also, JIG reserves the right to let facilitate the access, at any time and without previous warning, to anyone of products offered in the Vestibule.

2.2. For the acquisition of products supplied in the Vestibule, JIG will ask for the Users who come to register themselves, for which these Users, who will have to be greater of eighteen (18) years, will have to compliment the instructions that appear in screen and that they will require to execute the following instructions:
- Complete Cumplimentación of the electronic form that at every moment appears in the Vestibule following the instructions indicated in he himself.
- Pulsation of the button “To accept”.
- Reception in the account of electronic mail of the User of the “Name of User” and “Password”.
The Name of User and the Password have personal and intransferible character. JIG will be able to carry out, with the suitable advance warning, modifications in the name of the user and/or password, in which case the modified keys will lose their validity.

2.3 Once registered the User, and to come to the Product purchase, it will have to add the product that wishes in the Basket of Purchase, according to the indications gathered in screen, complimenting to this end the form of provided order and sending it to JIG, which supposes the reading and acceptance of all the present General Conditions, as well as in its case the existing Particular Conditions.

2.4 Once carried out the purchase and in the possible brief term, the Department of Attention to the Client of JIG will send to the buying User to the address indicated in the form the corresponding invoice. The confirmation of order sent by JIG will not have validity as it invoices, as only comprobante of purchase.

III. Mode of payment, gives and dropping of the claim of the orders

3.1 The payment of the price of the bought goods and the expenses of shipment, which will appear in screen, will be able to be made by means of credit card or Banking transference.
In order to come to the payment, the User will have to follow the instructions that appear in screen, providing the following information:
- Number of card.
- Date of lapsing.
Like system of electronic payment, JIG is assigned to the footbridge of safe payment of electronic commerce of the Bank Shepherd. All the proportionate data to this end are encriptados under protocol SSL (Secure Socket Layers) to guarantee the Maxima security of such.

3,2 JIG is commited to give the goods bought by the User, in the address of the buyer indicated to this end in the order form (products in sections of post office, nor locutorios will not be given), in the brief possible term. The expenses of shipment of the bought objects, will be paid by the Buyer.

3.3. User-Buyer will have a term of TWO (2) working days, according to the official calendar of its place of residence, to solve the transaction without incurring penalty neither cost some, including the expenses corresponding to the return of or. The term of two days established in the previous paragraph will be computed from the reception by the buyer of the bought goods.
However, if the buyer had had knowledge of the right of dropping of the claim after the date of reception of the bought goods, the term of two days will begin to count as of the date in that it had had knowledge of his right to give back, in position, the bought goods. In any case, it will be understood that the buyer has known the right dropping of the claim, from the entrance in the Vestibule, that demands the reading and acceptance of the present General Conditions, and in any case from the moment at which it carries out the order.
The returns of the orders will have to be sent to the JIG direction. Exercised by the buyer the resolution right, JIG will give back the amounts received by means of installment, without retention some, immediately and never in a term superior to thirty days. Despite the previous thing, it is excluded the right from resolution (dropping of the claim) in those cases in that by the nature of the content of the benefits it is impossible to carry out it, without damage of the claim of the damages and undergone damages.

IV. Policy of protection of personal character data


4.1 To the effects of the arranged thing in Statutory law 15/1999, into 13 of December, Protection of Personal JIG, Character data it informs to the User of the existence of an automated file of created personal character data with the data collected in the Vestibule by and for JIG, and under their responsibility, with the purposes of information and commercialization of products offered in the Vestibule, as well as the promotional and advertising taking of steps that can be of their interest, to extend and to improve our Products being adapted our supplies to their preferences or necessities and to allow a customized navigation.

4.2 The user specifically accepts the inclusion of the data successfully obtained during navigation by the Vestibule, or provided by means of the cumplimentación of any form, as well as the derivatives of the commercial relation and/or gives of bought products, in the automated file of referred personal character data in the section first. During the process of collection of the data, the User will be informed into the obligatory character or not of collection of such data for the delivery of Products, except for the accomplishment of orders in which case JIG he informs from this moment to the User who will not consider itself of voluntary character, reason why will be necessary his inclusion for the formalization of the purchase order, to provide the data relative to the identity, address and number of credit card to make the payment, to the being these necessary data for the formalization and conclusion of the sale.

4.3 The User will be able to exercise, respect to the data successfully obtained in the form anticipated in the previous section, the rights recognized in Statutory law 15/1999, and individual the rights of access, rectification or cancellation of data and opposition, if he were pertinent, as well as the one of revocation of the consent for the cession of its data. The rights referred in the previous paragraph could be exercised by the User, by means of written and signed request directed to the following direction: Provisions JIG, Dpto. Attention to the Client, Post office box 16, 08870 Sitges (Barcelona).

4.4 By means of the acceptance of these conditions, the User allows the cession specifically or communication of the data including in the file referred in section 4,1, to the companies of group JIG, is located or not in the Spanish territory, and even in the last case to companies that can be put under a regime of nonprotection that not outside equipable to that it provides the Spanish law, and with the purpose which these companies can deal with their personal character data to make him arrive advertising supplies and messages.

4,5 JIG is committed, in the use of the data including in the file, to respect their confidentiality and to use them in agreement with the purpose of the file, as well as to give fulfillment to their obligation to keep them and to adopt all the measures to avoid the alteration, loss, treatment or nonauthorized access, in agreement with the established thing in the Regulation of Safety measures of the automated files that contain personal character data, approved by Real Decree 994/1999, of 11 of July.

V. intellectual and industrial Property. Prohibition of hyperconnections

5.1 All the commercial contents that are in the Vestibule and special, designs, texts, graphs, logos, icons, bellboys, software, names, industrial marks, drawings or any other susceptible signs of industrial and commercial use are subject to rights of intellectual and industrial property of JIG or third holders of such who are authorized properly their inclusion in the Vestibule.

5.2 In no case it will be understood that some is granted to license or resignation takes place, transmission, total or partial cession of right sayings nor confers no right, and in special, of alteration, operation, reproduction, distribution or public communication on these contents without the previous express authorization of JIG or the corresponding holders.

5.3 Any bond to www.jig-shop.com will not be able to be established from any other Web without the previous and express consent of JIG.

VI SAW. Responsibility of JIG


6,1 Provisions JIG, will respond solely of the damages that the User can suffer as a result of the use of the Vestibule when these damages are imputable to a dolosa performance of the same one. The User recognizes and accepts that the use of the Vestibule, as well as the acquisition of products is made under its whole risk and its whole responsibility.

6,2 JIG does not become person in charge of the damages that could be derived from, with declarative and merely nonlimitativo character.
- Computer science Inferences, omissions, interruptions, virus, failures and/or disconnections in the operative operation of this electronic system or in the apparatuses and computer science teams of the Users, motivated by causes other people's to JIG, that prevent or delay to the accomplishment of the orders or navigation by the vestibule;
- Delays or blockades in the use caused by deficiencies or overloads of Internet or in other electronic systems;
- That they can be caused by third people by means of interferences ilegítimas outside the control of the Vestibule and which they are not attributable to JIG;
- The divergences of the information, documentation and/or other content of the Vestibule that will be able to exist between the electronic version and the printed version;
- Of the impossibility to give the Service or to allow the access by causes nonimputable to JIG, which had to the User, to third, or to supposed of greater force.

6,3 JIG does not control, with general character, the use that the Users do of the Service.
In individual LAVINIA it does not guarantee either under any ends that the Users use the Service in accordance with the law, the present General Conditions, the moral and generally accepted moral convention and the public order, nor that does it of diligente and prudent form.

VII. Obligations of the user


7.1 With general character the User commits the fulfillment of the present General Conditions, as well as to fulfill the special warnings or instructions of use contained in the same ones or the Vestibule and to always build according to the law, to moral convention and the exigencies of the good faith, using the diligence adapted to the nature of the service of which enjoys, abstaining to anyway use the Vestibule that can prevent, damage or deteriorate the normal operation of he himself, the goods or rights of JIG, their suppliers, the rest of Users or in general of nobody third.

7.1 With general character the User commits the fulfillment of the present General Conditions, as well as to fulfill the special warnings or instructions of use contained in the same ones or the Vestibule and to always build according to the law, to moral convention and the exigencies of the good faith, using the diligence adapted to the nature of the service of which enjoys, abstaining to anyway use the Vestibule that can prevent, damage or deteriorate the normal operation of he himself, the goods or rights of JIG, their suppliers, the rest of Users or in general of nobody third.

7.2 Concretely, and without it implies restriction some to the obligation assumed by the User with general character in accordance with the previous section, the User commits itself, in the use of the Vestibule, as well as in the acquisition of Products a:
- In the case of registering itself, the User commits itself to provide truthfully the proportionate data and to maintain updated them.
- Not to introduce, to store or to spread in or from the Vestibule, any information or material that outside difamatorio, injurioso, obscene, threatening, xenófobo, urges the violence to the discrimination because of race, sex, ideology, religion or that anyway attempts against the form, the public order, the fundamental rights, the public liberties, the honor, the privacy or the image of third and in general the effective norm.
- Not to introduce, to store or to spread by means of the Vestibule no program of computer, data, virus, code, equipment of hardware or telecommunications or any other instrument or electronics or physical that are susceptible to cause damages in the Vestibule, anyone of the Services, or anyone of the equipment, systems or networks of JIG, any User, the suppliers of JIG or in general of nobody third, or that of any other form are able to cause any type to them of alteration or to prevent the normal operation of such.
- To guard suitably its name of user and the password, as elements identifiers and habilitadores for the access to the product purchase, being committed itself not to yield its use nor to allow the access them of third, assuming the responsibility by the damages and damages that could be derived from an illegal use of such. Also the user commits itself to communicate to JIG, with the greater rapidity, his loss or robbery as well as any risk of access to the user name and/or the password by third.
- Not to make advertising, promotional activities or of commercial operation through Vestibule, not using the contents and in individual the data obtained through Vestibule to send publicity, to send messages with aims of direct sale or any other commercial aim, nor to gather or to store personal data of third.
- Not to use false identities, nor to supplant the identity of others in the use of the Vestibule or the use or acquisition of anyone of Products, including the use in its case of passwords or keys of access of third or any other form.
- Not to destroy, to alter, to make unusable or to damage the data, information, programs or electronic documents of JIG, their suppliers or third.
- Not to introduce, to store or to spread by means of the Vestibule any content that infringes rights of intellectual property, industrial or secret enterprise of third, nor in general no content of which it did not show, in accordance with the law, the right to put it to disposition of third.
VIII. Communications
To the effects of the present General Conditions, and for any communication that is precise between JIG and the User, these will have to go to the Service of Attention to the Client by means of electronic mail (sending a message to info@jig.com.es) or by means of written communication directed to the Department of Attention to the Client of Provisions JIG, the 08870 Post office box 16 Sitges (Barcelona).
The communications of JIG to the User will be made according to the data contributed by this one when registering itself in the Vestibule.

IX. Applicable legislation. Arbitration


9.1 The present contract will be governed by the Spanish legislation, that will be of ready application in in this contract in the matter of interpretation, validity and execution.

9.2 In case any type of discrepancy or claim between the parts in relation to the fulfillment or the content of the present General Conditions takes place, the parts will negotiate of good faith to try to solve such discrepancy or claim within the maximum term of (1) a counted month as of the date in which anyone of them formally notifies the other than has arisen the discrepancy or notifies the claim.
For the assumption that the discrepancy or the claim was not solved within the indicated maximum term, the parts, with express resignation to any law that could correspond to them, put under the decision of the raised subject the Arbitration Institution of the Spanish Association of Arbitraje Tecnológico (ARBITEC), to which it entrusts the administration of the arbitration and the designation of the referees in agreement with his Regulation and Statutes.
Also the parts are commited to accept and to fulfill the decision contained in I render by arbitration that is dictated. If the arbitration did not get to be made in mutual null agreement or outside declared, both parts are put under the Courts and Courts of Barcelona, with express resignation to their own law, if this one outside another one.