PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
These General Terms and Conditions shall expressly govern the relationships that arise between Jazz Messengers Club SL, with Tax Registration Number ESB63970057,registered at Registro Mercantil of Barcelona, Tomo 37914, F-129 H.B311188, (hereafter, "Jazz Messengers Club SL") and the third parties (hereafter, "Users") who register as users and /or purchase products through the official Jazz Messengers Club SL website online store (http:// www.jazzmessengers.com ", (hereafter the "Store").
2. USER’S DUTIES
2.1 The User agrees to use the Store to purchase the Products and to use each of the services of the Store diligently under the law, morality, public order and provisions hereof. He must also prevent himself from using the said Products or services in any way that may prevent, damage or deteriorate the normal operation and use of the Store on the part of the Users or that may harm or cause damage to Jazz Messengers Club SL goods and rights as well as to those corresponding to its suppliers, Users or, in general, any third party.
3. PRODUCTS AND PRICES
3.1 Jazz Messengers Club SL reserves the right to decide, at all times, the Products that are offered to the Users through the Store. In particular, Jazz Messengers Club SL may at any time add new Products to the ones offered or included in the Store, understanding that unless otherwise provided, such new Products shall be governed by the provisions of these General Terms and Conditions. Also, Jazz Messengers Club SL reserves the right to stop providing or facilitating the access and use at any time and without prior notice of any of the different types of Products that are offered in the Store.
3.2 The Products included in the Store shall match, as truly as the website display technology allows, the Products effectively offered. The characteristics of the Products and their prices are displayed in the Store. The prices given in the Store are in Euros and the VAT is included for UE IPs address. For non EU IP address the prices do not include VAT. Depending on the delivery address, the price of the product included VAT (for UE address) or not included VAT (non UE address).
3.3 In the case of a defective product, the seller will have to exchange, repair, substitute or refund the contract. All tramits will be free of charge for the consumer/ user. The seller will be liable for any claim resulting on the following 2 years of the transaction. Consumer/user will be responsible for informing the seller within 2 months of the lack of conformity.
4. PRODUCT PROCEDURE AND WAY OF PAYMENT
4.1 Within a maximum term of twenty-four (24) hours, Jazz Messengers Club SL shall send an e-mail to the User confirming the purchase. This e-mail shall give a purchase reference code and shall give detail of the characteristics of the Product, its price, shipping & handling costs and those corresponding to the several options regarding the payment thereof to Jazz Messengers Club SL.
4.2 The User who purchases a Product through the Store must make the payment using the payment options specifically detailed in the Store.
4.3 Jazz Messengers Club SL shall file the electronic documents formalizing the contract and shall send a copy to the User once the purchase has been made.
4.4 The confirmation of the order sent by Jazz Messengers Club SL is not valid an invoice, but it’s simply a purchase receipt. Jazz Messengers Club SL shall send the invoice with the Product to which it refers.
4.5 JazzMessengers Club SL will only accept payments made by credit or debit card (Visa, Visa Electron, MasterCard), by PayPal and bank wire. Checks have not been accepted.
5. WAIVER RIGHT
5.1 The User has the right to waive the purchase, for which he may contact Jazz Messengers Club SL at the following e-mail address: email@example.com and waive the purchase within a period of no more than seven (7) working days as of the Product reception. The Product should be sent together with the fully completed return form and a fully completed copy of the delivery note or of the invoice thereof. Jazz Messengers Club SL shall pay the Product direct return cost, which should be performed in accordance to the instructions that Jazz Messengers Club SL gives to the User in reply to his waiver notification. The User must return the Product within the maximum term of seven (7) days after Jazz Messengers Club SL indicates the User to do so.
5.2 The waiver involves the refund of paid monies. In order to do this, the customer must state the number and holder of the credit card to which Jazz Messengers Club SL should make the refund on the returns form. The term for this refund shall be the one stated by Law.
5.3 The waiver right may not be exercised if the Product is not in perfect conditions. If It is not returned in its original packaging the product could be depreciated.
6. CUSTOMER CARE SERVICE
6.1 For any defect, claim or exercise of his rights, the User may send an e-mail to the following address: firstname.lastname@example.org.
7. HOME DELIVERY SERVICE
7.1 Products bought through the Store shall be sent to the delivery address stated by the User once payment has been verified. The maximum delivery term is of thirty (30) days such as stated by Law.
7.2 The Jazz Messengers Club SL delivery service is performed in collaboration with a two logistics operators of acknowledged prestige. Orders shall not be sent to Post Office Boxes, hotels or other non-permanent addresses.
7.3 The shipping & handling cost is not included in the price of the Products. At the time of purchase of the Product, the User shall be informed of the exact shipping & handling costs.
7.4 Shipping options and rates (2013):
One flat rate per package regardless of the number of items purchased.
7.4.1. Spanish post (Regular mail service: 3-10 days)
Spain: 3€ (free shipping on all orders over 30€)
European Union, Switzerland, Norway: 5€ (free shipping on all orders over 30€)
Rest of the World (*): 9€ (free shipping on all orders over 60€.
(*) Some restrictions made applied.
7.4.2. TNT (Courier service: 2-5 days)
European Union: 13,50€
US & Canada: 16,50€
Please note that we no longer deliver via TNT to European countries that do not form part of the EU, or countries outside the 7.4.2. section indicated.
FREE SHIPPING just available for Spain, European Union, US and Canada on orders over 120€.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 The User acknowledges that all elements of the Store and of each of the Products, the information and materials contained therein, the trademarks, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to the said Products are protected by intellectual and industrial property rights belonging to Jazz Messengers Club SL or to third parties, and that in regards to these industrial and intellectual property rights the General Terms and Conditions do not give him any other rights than those specifically covered thereof.
8.2 Unless authorized by Jazz Messengers Club SL or, as the case may be, by the third-party holders of the corresponding rights, or except if allowed by law, the User shall not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available, or allow access to the public through any way of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he has access through the use of the Store solely for his own needs, agreeing not to perform whether directly or indirectly, any commercial use of the materials, elements and information obtained thereof.
8.3 The User must prevent himself from avoiding or handling any technical devices established in the Store by Jazz Messengers Club SL or by third parties.
9. DATA PROTECTION
9.1 In compliance with the Personal Data Protection Act 15/99, we are informing you that your personal details and other information provided by means of the registration form and from the transactions made, shall be included and kept on a file belonging to Jazz Messengers Club SL until you request it to be cancelled. The treatment thereof shall be used for the performance and execution of the sale, the personalized care of the products and services that you purchase and the improvement thereof as well as the promotion of proprietary products and services and those of third companies related to Jazz Messengers Club SL
In the same way, we are informing you that your details shall be made available to the companies for the stated purposes / Jazz Messengers Club SL which shall treat these data with the utmost confidentiality, being the sole and exclusive recipient thereof, and which shall not make any assignments or communications to third parties other than those stated by current regulations.
9.2 Jazz Messengers Customer Service is the body responsible for the processing of data within Jazz Messengers. The rights of access, rectification, erasure and objection established in Organic Law 15/1999, of 13th December, of Personal Data Protection and found in its development regulations, shall be exercised sending a letter and identification by post to Jazz Messengers Club SL indicating “Data Protection” (Corcega 202 Bajos Dcha -08036 Barcelona), email (email@example.com) or fax (+34) 93 448 47 23 ).
9.3. Replies marked with an * on the registration form are mandatory. Failure to answer the said questions shall prevent the purchase of the selected products from being completed.
10.1 Jazz Messengers Club SL shall provide personal passwords to the user who signs in on the website. These passwords shall be used to have access to the services provided by the Website. The user must keep the passwords under his exclusive liability in the strictest and most absolute confidentiality, therefore being liable for the damages or consequences of any kind that arise from the breach or disclosure of the password. For security reasons, the user may change the telematic access passwords to the services related to the Website at any time. The User agrees to immediately inform Jazz Messengers Club SL of any unauthorized use of his password and of any access to the said password by unauthorized third parties.
Cookies are files that are installed on the computer from which you are accessing our website, and their purpose is explained in this section.
The application we use to obtain and analyze browsing information is Google Analytics: www.google.com/analytics/ y http://www.google.es/intl/es/analytics/privacyoverview.html
This application, developed by Google, provides us with an analysis of our page’s viewers. Google may also use this data in the development of its own services and those it offers other businesses. You can read more about these other uses at the links cited.
This tool does not obtain data from the first or last names of users or the address from which they are connecting. The information obtained is derived from such things as the number of page visits, the language, the social network in which our news is published, the city that is assigned to the IP address from which users are accessing, the number of users that visit us, the frequency and reoccurrence of the visits, the time of visit, the browser being used, the operator or terminal type from which one visits.
We use this information to improve our site, to identify new needs and assess improvements to be made with the ultimate aim of providing better services to the users who visit us.
11.2 To permit, get informed about, block or delete the cookies that have been installed on your computer you can change the options of your computer’s browser.
Find information here on how to do so in the case that you use the browser:
12. CONFIANZA ONLINE
These General Conditions shall be governed by Spanish law. All parts submit, by their own choice, to the resolution of any conflict and disregarding any other way, to the tribunals of the user/consumer country. Furthermore, as a company under CONFIANZA ONLINE and agreeing to its ethical code of practice, in case of any dispute relating to contracting and advertising online, data protection, minors protection and accessibility, the user will be free to remit to CONFIANZA ONLINE’s resolution system committee.