GENERAL CONDITIONS OF USE AND SALE CONTRACT
GENERAL CONDITIONS OF USE
The General Conditions of Use, Contracting and Sale (hereinafter "General Conditions" or simply "GC") regulate the use of the website www.Joycolorsco.com (hereinafter the "WEB" or "JOYCOLORS.COM") , of which owns and manages JOY COLORS, and makes available to people who access it (hereinafter the "user" or "users") in order to provide information on different products, whether own or owned by third-party partners, and provide access to them by purchasing on the conditions offered on the web, through the tendering process set (all collectively referred to as the "Services").
JOY COLORS reserves the right not to contract with any user who attempts to perform fraudulent use of the SITE, infringes or violates any of the conditions contained in these Terms and Conditions.
JOY COLORS is not responsible for the legal consequences and costs arising from the recruitment and/or purchase of services and/or products by a minor or incompetent, being in any case responsible if so results in accordance a law or, in any case, parents or guardians that are responsible.
These General Conditions apply to all contracts concluded through members of joycolorsco.com as well as in all business relationships of all kinds mediate between its members and JOY COLORS. Unless it is expressed otherwise, in the event that in the CG it is established a period of time, it is understood that it is in working days, including every day of the week except Saturdays, Sundays and bank holidays.
REGARDING THE WEBSITE JOYCOLORSCO.COM
Users undertake and agree to use correctly, lawfully and diligently, the website and the services offered there, and especially not carry any use of joycolors.es which may be contrary to their own ends or the law. Specifically: Users are responsible for ensuring that the information provided for registration is complete, true and correct.
Users can access into their completed orders and/or recently sent in the area protected by the user’s password, housed in JOYCOLORS.COM. In this area, users are able to change, manage and store their personal information and subscriptions offers from JOY COLORS.
If users violate or breach any of this GC, JOY COLORS reserves the right to make a warning to the user, or possibly take any of the actions according to law to prevent their interaction with Joycolors.es. Users will be liable for any damages, of any nature, that may arise as a result of any breach of the rules of use of the SITE, of its General Conditions and any obligation required by law to come. JOY COLORS is not responsible for any errors or omissions contained in this website, nor for any damage, direct or indirect, that may result from its use.
Despite the security measures being taken, JOY COLORS does not guarantee the absence of viruses or other elements that could damage or alter the user's computer system, or assume any responsibility for it.
All rights of intellectual property on this website and the content and information contained therein are legally reserved for their owners and the access to the website referred to or its use by their users cannot be regarded in any way as granting right, authorization or license of any kind with respect to such rights, content or information. The reproduction, processing, distribution, public communication, availability, extraction, reuse, resending or use of any nature by any means or process, of any such rights without the express written permission of the owner is expressly prohibited of the corresponding rights.
The descriptions from the products offered in joycolors.es are for mere information purposes, according to the information and documentation provided JOY COLORS.
Pictures, videos, and graphics or iconographic representations of any kind relating to products offered, including trade names, trademarks, service marks of any kind of names contained in the WEB only have illustrative or indicative purposes, in order to provide the much information as possible to the user, but not as a binding for JOY COLORS.
In case that, through no fault of JOY COLORS or force majeure, the product is not available once it has been purchased, JOY COLORS will inform the member-buyer by e-mail regarding the annulment of a partial order. Such partial annulment will not entitle the cancellation of the entire order; subject to exercise in their case can make the user the right of withdrawal corresponding members of joycolors.es according to the General Conditions. In the event that a partial annulment because the unavailability of the product occurs, JOY COLORS will refund the amount paid by the customer, along with the shipping costs corresponding to the product, in the manner detailed in the next section.
The purchase of products by members of joycolors.es is carried out following the procedure established for that purpose on the website, in the "Shopping" section. In the buying process, conducted in Spanish/English language, the user must provide the following information: Billing information (including the address where you want to receive the order). Details of the payment (including bank card that will make the payment, Pay Pal or Trustly accounts). After the completion of the appropriate forms ("Billing Address", "Payment Details" and "Order Details") and upon receipt of placing the order by the member, JOY COLORS will send an email within 24 hours to the member an e-mail regarding the acknowledgment of the order and stating the confirmation of the purchase.
By selecting or clicking on the "Pay" button during the checkout process, the member fully and unreservedly accepts all of these Terms and Conditions. The contract shall be formalized and perfected in the time that JOY COLORS will receive the payment of the amount by the member. All contracts that are carried out by users through the WEB are performed with JOY COLORS.
For reasons of data confirmation, in some cases, JOY COLORS may require additional information to the one already provided at the time of purchase.
This extra documentation will be, for example, another contact telephone number, bank details and a copy of identity card or passport. All information used to carry out your orders are treated confidentially and with the sole purpose of facilitating the delivery and purchase.
while meeting the security measures required by law. This data is guarded by JOY COLORS in accordance with the provisions of the Data Protection Act and implementing regulations, and always applied the legally required security measures.
PRICES AND SHIPPING
To all the orders made through joycolors.es by the users will apply the prices that are offered and listed on the website of the product at the time of the corresponding order except if there is a mistake in it. In any case, JOY COLORS reserves the right to change the prices of the products offered at any time, notwithstanding that they are invoiced at the price in effect at the time of registration of the order. All information on comparative prices, discounts on products and/or savings made by users are calculated using information from JOY COLORS of such products.
These product prices include VAT at the rate in effect at the time of purchase and any other taxes that may be applicable. However, this amount does not include in any case the shipping of products, which must be paid for separately.
Users can find detailed in the ordinary WEB the shipping costs, provided for standard orders.
Shipping costs are specifically detailed during the one-time purchase and only when, either by the type of product or by order volume, a cost overrun occurs in the postage regarding expenditure standard shipment indicated in the web for all orders. In this case, shipping costs will be specified for the order in question, determining the amount depending on the size, weight and shipping mode selected by the user-buyer.
In each issue of each order, JOY COLORS checks and verifies the price of products. If there is an error in the prices shown on the website, JOY COLORS act as follows: (a) if the correct price is lower than the one shown on the WEB, JOY COLORS will charge its members to the lower prices and will proceed with the shipment of the product (s); (B) if the correct price is higher than shown on the web, JOY COLORS will contact with the buyer to give the instructions for either continue the order or cancel the order at no cost.
The user will pay orders by bank credit card or debit card. The accepted bank cards by JOY COLORS are Visa, American Express, Visa Electron, MasterCard, analog cards and also through the Paypal system. The total purchase price will be debited in the designated card/PayPal account provided by the user after placing the order card.
JOY COLORS has the highest security measures required in the sector. In order to protect your privacy and security in online payment transactions, JOY COLORS uses the latest coding techniques. All information used to carry out your orders is encrypted. With the sole purpose of facilitating the subsequent purchases of the user, so that after your first purchase the customer would only have to confirm that the information provided in the form of payment and place of delivery is the same as the one indicated in previous orders, and always in compliance with safety measures enforceable by law, JOY COLORS store data relating to the purchase process and the means of payment used by the customer. These data are guarded by JOY COLORS in accordance with the provisions of the Data Protection Act and the regulations that develop, and always applying legally enforceable security measures.
However, the user who wishes has the right to cancel such personal data and will have to communicate it through this customer care form.
JOY COLORS promises to deliver the product in perfect conditions subject of the order in the address indicated by the member in the process. This address must be within the Territory. It is the responsibility of the member that can be performed on the delivery address provided during working hours in which courier companies make their deliveries. In that sense, JOY COLORS reserves the right to cancel the order in case we cannot make shipment by the customer's fault if the customer isn’t in the address indicated in the order schedule whenever it occurs twice. In such case, JOY COLORS will have to refund the amount paid by the customer, except for shipping costs, which will not be refunded.
Once the process is completed and purchase and payment of the total order have been received, JOY COLORS will send the products to the relevant Member. JOY COLORS cannot commit to shipping products with a certain advance since the shipping date depends ultimately on production rates. In any case, the approximate time of the delivery is available to users on the products page. JOY COLORS does not take any risks in relation to the supply chain and distribution of products, especially in the case of purchases by description.
JOY COLORS is only required to ship products to the existing stock. The obligation of shipment of such products depends if JOY COLORS actually receives the products from the factory on time, ceasing any obligation to do so if, for no fault or negligence on their part, they do not receive the products from the factory and provided JOY COLORS has immediately informed of that fact to the customer.
The delivery will be considered deemed effectively from the time when the product has been made available to the customer in the place of delivery indicated. The risk in relation to the goods (loss, damage or theft) will be transmitted to the customer from the time when the product has been made available in accordance with the provisions of the General Conditions.
If the product or products shipped have any damage once they are delivered, the customer must immediately notify it in writing to both the delivery company as to JOY COLORS, which will tell you how to proceed in such situation.
RIGHT OF WITHDRAWAL CONSUMER
The consumer has the right to withdraw from this contract, considered as a consumer any natural person acting for purposes outside his trade, business or profession.
Instructions for withdrawal
Right of withdrawal
You are entitled to withdraw from this contract within 14 calendar days without justification. The withdrawal period shall expire in 14 calendar days from the day:
- Where you, or a third party indicated by you, acquires the material possession of the last of the goods ordered in the same order and sent once;
- Where you, or a third party indicated by you, acquires the material possession of the last of the goods ordered in the same order and shipped separately;
If more than one of the foregoing alternatives are applicable to your case, the withdrawal period starts from the day that you, or a third party indicated by you, acquires the material possession of the last of the goods or commissioned pieces. To exercise the right of withdrawal, you shall notify WW E-SERVICES IBERIA, SLU (Hereinafter "JOY COLORS"), Av. Diagonal 618 8D, 08021, Barcelona. Tel: 960 627 669, Contact: INFO@JOYCOLORSCO.COM by sending your decision to withdraw from the contract through a written statement (eg a letter sent by mail, fax or email). You can use the model of withdrawal form below, although its use is not mandatory.
To meet the withdrawal period it is enough that the communication concerning the exercise of the right for their withdrawal is sent before the deadline of withdrawal.
Effects of withdrawal
In case of withdrawal from your part, we will refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from the choice on your part of a different delivery mode from our ordinary delivery that we offer) without undue delay and in any case not later than 14 calendar days from the date on which we are informed of its decision to withdraw from this contract. We proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction unless you have expressly provided otherwise; in any case, will not incur any costs as a result of repayment.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of the return of the property, whichever condition is met first.
You should you return or deliver the goods to ourselves without any undue delay and in any case no later than within 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline is met is if you send back the goods before the deadline of 14 days has expired. You will be the only responsible for the diminished value of the goods resulting from a different than necessary to establish the nature, characteristics, and functioning of the goods handling.
Model withdrawal form
If you want to withdraw the contract, fill out and send us this form
- For the attention of JOY DIRECT S.L. (Hereinafter "JOY COLORS"), Joan d'Austria 70, Barcelona, 08005, Barcelona. Tel: 960 627 669, Contact: firstname.lastname@example.org
- I hereby inform/communicate (*) to desist from my / I abandon your (*) contract of sale of the following goods/provision of the following service (*)
- Ordered on (*) / received (*)
- Name of consumer or consumers,
- Address consumer or consumers,
- Signature of consumer or consumers (only if this form is notified on paper)
Warranties and after-sales services are governed by the provisions of Royal Decree 1/2007 of the 16th of November, approving the text of the General Law for the Protection of Consumers and Users.
CUSTOMER SERVICE AND COMPLAINTS
Satisfaction of its members is the main concern of JOY COLORS. Therefore JOY COLORS attends any questions or complaints of its members, therefore, as soon as we become aware of it, we promise to answer as soon as possible. To this end, if members wish to raise any questions or make any claim, they can contact the Customer Service Department of JOY COLORS:
If any provision of these Terms is declared invalid, the remaining provisions remain in full force, taking into account the will of the parties and the purpose of these General Conditions. The non-exercise by JOY COLORS of any right arising from the General Conditions will not be construed as a waiver of such right, which may only be express and in writing.
JOY COLORS reserves the right to modify at any time these Terms and Conditions, which in any case will always be available and easily visible in joycolors.es and would be freely accessible to all members and users who want them.
The acceptance of these Terms and Conditions will be an essential prerequisite for the use of the web and to carry out any order through the same requirement.
These General Conditions constitute the sole and express wishes of JOY COLORS and its members in connection with its object and supersede and replaces any other agreements or arrangements that might exist between the parties, whether these verbal or written. Any modification of these Terms and Conditions shall be in writing and by mutual agreement between the parties.
JOY COLORS may assign and/or transfer freely, at any time, the rights and obligations under these Terms or the purchase of products through joycolors.es.
These Terms are governed by the Spanish law.
Version: June 1, 2016
Joy Direct S.L.