General Purchase Conditions
These General Purchase Conditions exclusively regulate the purchase of products offered through JANBY. The parties involved in this purchase are:
a. JANBY DIGITAL KITCHEN, S.L. (hereinafter, the Owner), with NIF B75101659 and address at Calle Basarte 1, 20720, Azkoitia (Gipuzkoa), registered in the Mercantile Registry of Gipuzkoa, Volume 2630, Folio 217, Section 8, Sheet 36040, Inscription 1, is the owner of the Website accessible through the URL: https://europe.janby.kitchen (hereinafter, JANBY or the Site Web, indistinctly).
b. The Client or Buyer, understood as any natural person of legal age or legal entity, who, within the scope of the development of a trade, profession or commercial activity, follows all the steps established on the Website for the purchase of the products object of the these General Purchase Conditions, including their acceptance. In no case will the “Client” be considered a consumer or user, in accordance with the definition contained in art. 3 of the LGDCU (General Law of Consumers and Users).
The purpose of these General Purchase Conditions is to regulate the acquisition by the Customer of products through the Website, in exchange for an economic consideration that corresponds to the provisions herein.
3.1. Product Offer
The Website offers information about all the products for sale, characteristics and prices. However, it reserves the right to withdraw, replace or change the products offered to its customers through its website, by changing their content. The products offered at any time by the Web, will be governed by the general conditions in force in each case, that is why the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.
The availability of our products may vary depending on customer demand. Our stock is updated periodically, but this does not allow us to guarantee that the product you select is not out of stock. If so, we will send you an e-mail in which we will inform you about the impossibility of compliance.
4. Description of the purchase process
4.1. The purchase process can be carried out through the Website, by identifying yourself as a Registered User
4.2. To buy the products available in the catalog, it will be necessary for the User through the catalog, to click on those that are of interest, selecting the option “Add to cart”. The selected products will be automatically available to the User in the shopping cart.
Next, the User must:
a. Click on “ View cart ” and check that the items in the cart are those that I select in such a way that you can modify the order, adding or removing products.
b. Once the Customer has verified that the products in the basket correspond to the selection made, to proceed with the order, they must select “ Checkout “.
c. After that, the question “Are you already a customer?” will be displayed on the screen, in which if the answer is affirmative, it will be necessary to establish the username or email and password. If you are not a customer, the User will have to provide all the necessary data in the event that they proceed to make the purchase in “Billing Details”. In addition, the website offers the possibility of creating an account with this information in the section “Create an account?”.
d. Once the billing information is established, an order summary is provided, showing the price including VAT. Discount coupons may be applied in case the Client has a promotional coupon.
e. It will be necessary for the Buyer to select the chosen payment method. Currently the available means of payment are:
i. Recurring monthly charge to credit card.
ii. Credit card payment.
ii. Bank transfer.
f. Whenever the User has provided these data, they must, after reviewing the order and depending on the selected payment method, proceed to payment, and thereby confirm their willingness to acquire and formalize the sale, upon acceptance of these Conditions. < / p>
g. JANBY will confirm that it has received the Buyer’s willingness to purchase and, where appropriate, payment for the order. In the same way, it will send the corresponding invoice by email, when the client has requested it. By accepting these Conditions, the Buyer allows the sending of an electronic invoice. At any time, you can oppose it, indicating it to the email that you will find in the Legal Notice.
h. Once the order is confirmed, the Buyer will receive it within the period indicated on the Website.
5. Pricing policy
5.1. The prices that are displayed on the Web are set by JANBY. Prices are shown in Euros. Before purchasing any of the selected products, we will show you the prices broken down according to the tax base and the applicable taxes at all times.
5.2. The prices do not include certain applicable taxes that must be, where appropriate, paid by the Customer for shipping purposes. JANBY cannot determine in advance the taxes that will be applicable, as it will depend on the place from which you hire. Once the Client has entered this information in the appropriate form, the information regarding the taxes to be paid will be shown to the Client.
5.3. The costs of transport and delivery of the products will be those indicated on the Website at all times and in the Shipping and Returns Policy.
6. Discount policy
The Website may include promotions and / or discount codes for accumulating points on the page. Such circumstances will be reflected on the screen, as well as the eventual conditions applicable in your case. Any modification of the same is subject to the will of JANBY.
7. Acceptance of the General Purchase Conditions
7.1. When the purchase is made entirely through the Web, the Client must read these Conditions and accept them expressly, by clicking on the corresponding consent check box, which is unchecked by default, at the end of the purchase process.
7.2. In the event that there are special rules or restrictions that affect certain rates, discounts and / or products you have selected, such special rules or restrictions will be displayed on the screen before proceeding to purchase the product.
8. Obligations of the parties
8.1. Owner’s Obligations
JANBY agrees to:
a. Carry out effectively and efficiently all the procedures for the execution of the receipt by the Buyer of the products purchased.
b. Send the Buyer all the information and documentation necessary to receive the order.
c. Do not allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank that can or has the potential to damage their goodwill or negatively influence them.
d. Comply with these obligations as well as any others that may be applicable.
8.2. Buyer’s Obligations
By accepting these Conditions, the Buyer agrees to:
a. Pay in a timely manner the corresponding amounts that have been specified in the purchase process. Failure to pay will exempt JANBY from compliance with the obligations set forth herein, and any others that it may have contracted in exchange for receiving the economic consideration for the products.
b. Respond for the veracity and authenticity of any data that has been provided to carry out the acquisition of the selected items.
c. Assume the responsibilities derived from any of the requirements demanded by these Conditions to hold the status of Buyer, as well as the lack of documentation necessary for the payment of the purchase.
d. Comply with any other obligations contained in these Conditions or in any others that may be applicable and assume any responsibility derived from their breach, leaving the Holder totally harmless.
9.1. The Owner is in no case responsible for damages caused to the Buyer due to causes attributable to him. Solely and exclusively, JANBY will be responsible for those damages that are caused as a result of purchases made on the Website, as long as they are derived from a fraudulent or culpable action of the latter.
By way of example, JANBY is not responsible for:
a. The usefulness that the Buyer may have of the products he has acquired, since at no time is the Owner responsible for the selection made, even if he identifies items in combination with the selected products, which due to their characteristics are recommended as accessories and / or complements.
b. Personal or material damage caused as a result of the use of the products, as long as the recommendations specified therein had not been followed.
c. Failure to comply with their obligations for reasons of force majeure such as, without intending to be exhaustive, internal or external strikes, pandemics, natural disasters, social unrest, etc.
9.2. The Buyer thus acknowledges that he acquires the articles at his own risk and venture, limiting JANBY’s activity to the execution of the material tasks necessary for delivery, processing and management.
9.3. In any case, the responsibility that JANBY assumes towards the Buyer, in no case includes lost profits and will be limited, at most and for any reason, to the total amount received by JANBY from the Buyer in consideration for the acquisition of the product in accordance with these Conditions.
Any type of damage, loss, loss or cost (including attorneys ‘and / or solicitors’ fees) derived from a breach by the Purchaser of these Conditions or of any other that may be applicable, incurred by JANBY, must be compensated by the Buyer who originated it. This includes any claim from third parties arising from such breaches.
11.1. These Conditions may be modified and / or updated at any time without prior notice. The modifications made will enter into force as of their publication on the Website, whatever the means and form used for it.
11.2. The modification will only affect Buyers who have accepted it after said modification.
12. Other questions
12.1. Safeguarding and interpretation of these Conditions
If the competent authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it must be interpreted in the manner closest to the original intention of such provision. In any case, such declaration regarding one or some clauses will not affect the validity of the rest.
The non-demand by JANBY of strict compliance with any of the terms of these Conditions, does not constitute nor can it be interpreted in any case as a waiver on its part to demand it in the future.
The language applicable to these Conditions is Spanish. If versions are offered in other languages, it is only as a courtesy, for the convenience of the Buyer. Therefore, it expressly accepts that they are governed by their version in Spanish. In case of contradiction, the Spanish version will prevail.
12.3. Legislation and jurisdiction
The relations between the Owner and the Buyer will be governed by Spanish legislation and discrepancies or conflicts around these Conditions will be submitted to the Courts and Tribunals of the Azpeitia domicile.