GENERAL CONDITIONS ABOUT ACESS – JOSÉ MESTRE S.A.

GENERAL CONDITIONS ABOUT ACESS, USE AND SALE ON THE WEBSITE

WWW.JOSEMESTRE.COM BY JOSÉ MESTRE, S.A.

1. INTRODUCTION

If the user are not agree with the content of these navigation general conditions may abandon this site, being unable to access and dispose all the services that this site is offering.

The user declares that he is of legal age (over 18 years) and has legal capacity to be entailed by these general conditions. By the same token, he accepts without exceptions that his access and the use of this website, its services and the contents of these services, takes place on their own responsibility.

Access to this website is free and its visualization does not require any previous subscription or registration. All the provided links with other websites that might arise and their use by the user, are subject to their own general conditions and also to their specific conditions required from these websites. Any different use is expressly forbidden.

As a producer and authorised distributor from all the brands from this website, JOSÉ MESTRE, S.A. will respect the regulations about intellectual property.

The user declares acknowledges and the acceptation of the general conditions of contracting and also any private or specific condition that might happen to acquire certain products from JOSÉ MESTRE’s online store, conditions that will appear duly during the navigation.

2. WEBSITE OWNER’S IDENTITY

The following information identifies the owner of this website:
Owner: JOSÉ MESTRE, S.A.
C.I.F./VAT number: A59943571
Address: C/Providència, 70
City: 08024 – Barcelona
Telephone: 932857040
Contact: email: gemma.mestre@josemestre.com

JOSÉ MESTRE, S.A. has the following Spanish health registration number 39.04443/B.

3. PROVIDER RIGHTS AND DUTIES

As provider, JOSÉ MESTRE, S.A. has the duty of provide the services offered on this website to final users and also guarantee the secret of all the communications that might exist with the user and answer all the claims that may arise.

JOSÉ MESTRE, S.A. may unilaterally modify at any time, the configuration of this website, all conditions of the service and its content, as well as eliminate them, limit them and suspend them temporally or definitively.

The distribution of all the acquired products will be done by third party specialized enterprises hired for that purpose.

4. FINAL USER RIGHTS AND DUTIES

At any moment, the final user must realize a licit use of the provided services on this website according the current laws, always respecting the intellectual property rights from JOSÉ MESTRE, S.A. or a third part. In this context, the final user guarantees that all the developed activities generated through this website will be according the current laws, the morality, public order, social customs and they will not be offensive for the name and the commercial image of JOSÉ MESTRE, S.A., other website users or third parts.

The final user will not make through the provided services from JOSÉ MESTRE, S.A. on this website, any action which cause damages or an alteration of its content, will not hamper a smooth functioning of this website, will not cause any kind of technical problems, will not transfer elements susceptible to carry IT viruses or to damage, interfere or to intercept totally or partially this website, and neither will hack or modify the electronic mail of other users.

In any circumstance, the user is the exclusive responsible about the truthfulness of the introduced data.

5. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR THE USE OF THIS WEBSITE AND ITS SERVICES

JOSÉ MESTRE, S.A. does not guarantee the availability and continued functioning of this website and its services. Therefore, JOSÉ MESTRE, S.A. excludes itself of any liability for damage of any nature which may arise from a lack of availability or continuity of this website, its services or any use that the users may have attributed to this website. In any case, JOSÉ MESTRE, S.A. will do its best efforts to maintain the continual availability of its website.

JOSÉ MESTRE, S.A. will not be liable for any security errors that might occur due to the use of outdated or insecure versions of the user’s browser, also will not be responsible for any activating security mechanism for keys or user codes on browsers or for any damage, errors or inaccuracy which could arise from the malfunctioning of the same.

JOSÉ MESTRE, S.A. has applied all the technical and organizational measures to guarantee the integrity, confidentiality and availability of all personal data provided by the users; despite that cannot guarantee the absence of viruses or other elements on the contents of this website that may produce computer alterations (software or hardware) on user’s system or on any electronic document stored on his computer system.

The online store on www.josemestre.com exempts itself for any damages or loss of any nature which may produce alterations produced by the presence of viruses on its contents and which may produce alterations on user’s computer systems, electronic documents, files, etc.

Users accepts that this website has been created and developed in good faith by JOSÉ MESTRE, S.A. with information coming from internal and external sources which appears in the actual condition, consequently, may contain errors or inaccuracies. For that reason, the user exonerates JOSÉ MESTRE, S.A. from any responsibility related with reliability, utility or false expectations produced by the portal during the navigation.

6. INTELLECTUAL PROPERTY RIGHTS

All the intellectual property rights about the content on this website are owned by JOSÉ MESTRE, S.A., excluding those rights belonging to other companies with which it has signed a contract for the provision of contents and therefore, they are protected by the national and international regulations about intellectual and industrial property rights.

All the designs, pictures, maps, graphics, brands, headings, distinctive signs or logos, frames, banners, software and its different codes, fonts, objects, etc. from this website are owned by JOSÉ MESTRE, S.A., who own legitimately and exclusively all the commercial use about them.

The users entering this website cannot copy, modify, distribute, transmit, reproduce, publish, transfer or sell all the elements mentioned previously and cannot create new products or services byproduct from the obtained information. The user can only view and load this website for personal and non-commercial use. This fact does not can be extend to third parties or entities.

About the graphics or designs appearing on this website owned by partners of JOSÉ MESTRE, S.A., the conditions previously presented will be also applied except in case of contrary agreements. It is strictly prohibited for users any modification of the website contents.

JOSÉ MESTRE, S.A., shall ensure that the content of this website is not pornographic, xenophobic, discriminatory, racist, and defamatory or encourage violence. Similarly endeavor to avoid any circumstance that may be harmful to users.

7. LINKS OR HYPERTEXT LINKS

Nobody can post any kind of link on this website from any other website without the previous and expressed consent from JOSÉ MESTRE, S.A. In case that this website could hold links to other websites owned by other companies or title holders, JOSÉ MESTRE, S.A. manifests that they have not any control about these websites and is not responsible about its content.

All the links this website could hold will be only informative, with no valuations about its content, owners, services or products offered through them. In any case, JOSÉ MESTRE, S.A., is exempt from any responsibility related with them in front any kind of complain or claim.

8. SALES TERMS

8.1. General sale conditions and its acceptation

These present general sale conditions will regulate expressly all the commercial relations between JOSÉ MESTRE, S.A. and the users or buyers who will acquire any offered product through its online store www.josemestre.com.

These conditions have been created according the current regulations in that matter, in particular, according the Spanish regulations: Ley 34/2002, de Servicios de la Sociedad de la Información y de Comercio Electrónico. Ley 7/1998 sobre Condiciones Generales de Contratación. Real Decreto 1906/1999 por el que se regula la contratación telefónica o electrónica con condiciones generales en desarrollo del artículo 5.3 de la Ley 7/1998. Real Decreto Legislativo 1/2007 Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias. Ley 7/1996 de Ordenación del Comercio Minorista. Ley 59/2003 sobre Firma Electrónica.

The purchase and navigation through the online store www.josemestre.com, constitutes an acceptance by the user, without any kind of reservation, of each and every one of the following general conditions and also of each specific or particular conditions.

8.2. Previous information prior to contracting services.

JOSÉ MESTRE, S.A., informs that the buying processes offered on its online store www.josemestre.com are detailed expressly on the section “How to buy”, the user can enter to this section through the provided link on the website.

The user declares knowing and accepting expressly the terms and conditions expressed previously.

8.3. User’s register

The user can register himself at last step of an order through the set up form on the section “Checkout”. When filling all the requested fields and accepting private policy, terms and conditions, the user will receive a confirmation email on the user’s provided mail account for the purpose of being notified, among others.

All the personal data, logins and access passwords on the online store www.josemestre.com are personal and non-transferrable. For any change on the personal data, is the user’s responsibility to communicate these changes to JOSÉ MESTRE, S.A.

Is user’s responsibility, as appears on the present general conditions accepted for any user who navigates through this website, to block third parties from use the online store www.josemestre.com with his personal data, logins and access passwords. Also, the registered user is the only one responsible about the election, loss, subtraction or non-authorized use of any code, password or personal key and all the consequences that may derivate from these.

In any case, is the user’s responsibility an appropriately use of the online store www.josemestre.com and the safekeeping of logins, passwords or personal keys, in order to refrain from use it for illegal and forbidden purposes according to these conditions.

The user may at any time unsubscribe automatically from being a user on www.josemestre.com without a retroactive effect in his decision. He will have to communicate his decision to the Service Customer Office by calling to 932 857 040 or by email at contacto@josemestre.com

JOSÉ MESTRE, S.A. reserves the right to cancel any user’s name and password, thus, deny the access to this website to these users which does not respect the present terms and conditions which regulates his navigation on this website.

8.4. Formalization of the sale

8.4.1. Offered products

www.josemestre.com will show at any moment all the products on sale along with some characteristics and its price. JOSÉ MESTRE, S.A. reserves his own right to decide in every moment the offered products through www.josemestre.com. For this reason, JOSÉ MESTRE, S.A. could add at any moment new products on the online store, products which will keep the same conditions as exposed on these general conditions. By the same way, JOSÉ MESTRE, S.A. reserves his own right to block in any moment and unannounced, the access to any existent product offered on the online store www.josemestre.com

8.4.2. Indication of product prices

Product prices will appear on screen and will be indicated in Euros.

8.4.3. Availability

All products are subject to stock availability on our storage.

8.4.4. Shipping prices

As we show on the following tables, shipping prices may vary depending on the total amount of an order.

*For shipments on Canary Islands, Ceuta and Melilla we include on the price, the Customs Tariff from Spain but the internal costs, taxes or customs tariff from these regions must be in charge of the customer.

Costs for shipments on European Union countries:

Countries in zone G1: Germany, Austria, Belgium, France, Holland, Italy and Luxembourg.
Countries in zone G2: Slovenia, Estonia, Finland, Greece, Ireland, Latvia and Lithuania.

8.4.5. Purchase formalisation

Once the user has purchased on our online store www.josemestre.com, he will see on his screen an order’s confirmation. The user can download at any moment this document on “My account” section as long as he has an account. By the same way, he will receive an email with his purchasing confirmation. An order’s confirmation and any print version of this document have not have validity as an invoice.

The customer will receive by email or postal mail the invoice corresponding to his order.

8.4.6. Tracking an order

The customer can contact with the Service Customer Office by calling at (+34) 932 857 040 during the corresponding time schedule or sending an email to contacto@josemestre.com

8.4.7. Delivering an order

In case the customer is unable to be present at the delivery, his order would be delivered at any other person present on the provided address and of legal age (over 18 years). The online store www.josemestre.com understands that the person who receives an order on the provided address, has been authorized by the customer to receive the order on his name. For this reason, is the customer’s responsibility to authorise a third person to receive his order on the provided address.

The purchase delivery will be on the provided address by the customer and the receptor of the order will have to sign the corresponding delivery note. Also, the deliverer will have to provide a delivery note which will be signed by the receiver. In case of any incidence detected in that moment, the receiver will have to notify the incidence on the delivery note.

JOSÉ MESTRE, S.A. through the online store www.josemestre.com, cannot be held responsible for undeliverable orders in cases when there are wrong provided addresses by the user.

For undeliverable orders, the delivery company should try to contact with the customer (as long as JOSÉ MESTRE, S.A. has the customer’s telephone number to contact) for a second delivery. Facing the impossibility of a contact, the customer will find in his address a notification to agree another delivery (with a maximum of 2 attempts). For a third attempt, the customer should take responsibility of any added cost.

Delivery time schedule: From Monday to Friday (working days) from 9:00 AM to 19:00 PM on provided customer’s address.

8.4.8. Sending the invoice

The sending of the invoice derived from the purchase of any of our products through the web page, will be electronically, by email.

Said shipment will be made to the email address provided by the customer at the time of making the purchase.

8.5. Method payments

The customer can choose between the following payment methods:

Credit or debit cards: The payment validation will be done instantly. The online store www.josemestre.com accepts the following bank cards:

VISA, MASTERCARD OR ANY DISCOVER® CARD

Under no circumstance payments can be done with false or fraudulent bank cards. In case of any suspicion of a use of that kind of bank cards by anyone, JOSÉ MESTRE, S.A. will be authorized to cancel any payment and to alert the corresponding authorities.

Payment by transfer: the customer should transfer the total amount of his order (including delivery costs) to the following bank account:

Beneficiary: JOSÉ MESTRE, S.A.

IBAN: ES44 2100 3012 8322 0047 0150

On the field “ordering customer”, “sender”, “payment originator”… the customer should indicate the order’s number, and his complete name.

The limit to order a transfer is 7 working days from an order’s realisation. No orders will be accepted as valid until the payment has been verified and for that reason, the delivery time will start when the payment has been verified.

8.6. Security

Purchasing through www.josemestre.com online’s store is a fast and easy way to buy our products as well as a secure way. Our compromise in security for all the commercial transactions has been always one of our priorities.

Our commercial electronic system is hosted in a secure server which has been obtained and guaranteed by CAIXABANK, S.A. By this way, any confidential information sent is made with a total security.

8.7. Returns & Refunds

8.7.1. Return time limit

The customer has a limit of 14 days counting from the day the package has been delivered to communicate a return. This return should be communicated through the email account contacto@josemestre.com. Any return with the products used, manipulated in some way by the user or without its original packing will be refused.

Once JOSÉ MESTRE, S.A. has received a return’s communication will send an email to the customer confirming the return and also will communicate all the steps to follow by the user. After this communication by mail, the customer has a limit of 10 days to send the products.

The customer should send the goods with its original documentation.

8.7.2. Returns

As an essential requirement, the products should be returned in perfect conditions and with its original packing.

In any return, once the products have been returned, JOSÉ MESTRE, S.A. will inspect the returned product and will contact with the customer in no more than 10 days to send again the returned products or to refund them. Only in that cases when a return has been accepted.

8.7.3. Refunds

Once the return has been accepted, we are going to refund the total amount through bank transfer. For that reason, a bank account is going to be requested to the customer to proceed to the corresponding refund.

The total amount to refund is going to be the price of the returned products without delivery costs.

9. PROTECCIÓN DE DATOS DE CARÁCTER PERSONAL. POLÍTICA DE PRIVACIDAD

9.1. Data controller of your personal data.

The data controller of your data will be JOSÉ MESTRE, S.A. with VAT number A59943571 and located in C/Providència, 70 – 08024 Barcelona.

9.2. Purpose about your personal data treatment.

I. Studying and tracking purposes:
1. To realize in a proactive way risk’s analysis and apply about this technical data: statistics about our clients with the purpose of studying products or services which could adjust to different client’s profile with the objective of realize comercial offers adapted to their needs and preferences.
2. To make tracking about products and services purchased by a client to JOSÉ MESTRE, S.A.
3. To study and control automatically defaults, breaches or different incidents derived from purchased products or services.
4. To realize satisfaction surveys by phone, mail… with the aim of evaluate the offered services by JOSÉ MESTRE, S.A.
5. To design new products or services, also to improve any characteristic of existent products to better experiences of our clients in their commercial relationship with JOSÉ MESTRE, S.A.
II. To communicate new offers about JOSÉ MESTRE, S.A.’s products or services by post or electronical media.

The signatory can choose at any time between the channels or media to receive or not any offer or commercial communication by contacting with JOSÉ MESTRE, S.A.’s main office.

9.3. Data treatment and its source.

Any data provided by the signatory during the commercial relationship.
All generated data by the purchased products or services with JOSÉ MESTRE, S.A as can be the transfer managements, invoices, receipts …
All generated data by social networks or electronic channels which have been previously authorized by the signatory to consult by JOSÉ MESTRE, S.A.
All obtained data about third party organizations provided by its owner.
All obtained data from chats, blogs, video conferencing or any other communication media established by the parties.
Data derived from the service: indirectly as a result of the commercial service and the maintenance of this website. Including in this category any navigation data of this website.

9.4 Communication of your personal data.

All treated data by JOSÉ MESTRE, S.A. to reach any previously detailed purposes could be communicated to the following consignees according to legal communications: any organisms or public administration, financial institutions or other enterprises hired by JOSÉ MESTRE, S.A. On that basis, all mentioned communication data, seek to guarantee the correct development of any commercial relationship and to accomplish all the legal obligations of JOSÉ MESTRE, S.A.

9.5. Storage time of personal data.

All data will be stored during the commercial relationship, also at the end of this one, to ensure compliance with all JOSÉ MESTRE, S.A.’s legal obligations during legal prescription periods which must be applied. At the end of this prescription periods, all data will be removed or blocked.

9.6. Signatory’s rights.

Any person interested have right to obtain a confirmation from JOSÉ MESTRE, S.A. about data treatment. As appears in data protection regulations, any client or user of this website can accede, rectify, limit the treatment, suppress or cancel his data as well as oppose to its treatment.

Any person can exert the previous mentioned rights by a certified mail which must be sent at the following address as we detail:
JOSÉ MESTRE, S.A.
Att. Departamento de atención al cliente (customer’s service department)
Ref. PROTECION DE DATOS
C/Providència, 70
08024 – Barcelona
In this mail, must be included a copy of an official identification document (ID card, VAT card, passport).

Finally, we inform that you have the right to present any complain to Spanish protection data agency (Agencia Española de Protección de Datos), especially if you’re not satisfied in respect of the exercise of your rights. You can contact with them through its website: www.agpd.es.

10. APPLICABLE LAW AND JURISDICTION

These general conditions about access, use and navigation and also any commercial relationship between the user and JOSÉ MESTRE, S.A. are going to be regulated by the Spanish laws. For any litigation arising from the existence or content of the present general terms or from any commercial relationship between JOSÉ MESTRE, S.A. and the user, both parties will submit to the exclusive jurisdiction and competence of the Barcelona’s Tribunals.