These general terms and conditions and this customer information (together with the other documents mentioned herein) govern the use of the website which can be found at the web domain http://shop.jiscostyle.com (the “Website”) and the purchase of goods through the Website (the “Online-Shop”) (the “Conditions”).
We make every effort to ensure that our conditions are as clear as possible. However, if you should still have any queries concerning the Conditions, please do not hesitate to contact us.
This website is operated by Jisco Eyewear SL, a Spanish company, with its business address at Carrer del Golf de Lleó, 11 - 07007 Palma de Mallorca, Islas Baleares, Spain (“Jisco”), registered at the district court of Barcelona under the registration number 032154236; value added tax identification number: B65877060, telephone: +34 931 763 988, under the brand name Jisco Eyewear.
Further information concerning the storage of these documents and the review of this contract text (offer text) can be found under Clause 4 of these Conditions.
When purchasing a Jisco product the conditions described hereinafter come into force between yourself and Jisco. Before using the Website, you should read these Conditions carefully. By using the Website and/or by placing an order via this Website, you agree to these Conditions. If you do not agree to these Conditions, you cannot use this Website.
These conditions can be changed by Jisco at any time. Due to the fact that always the current Conditions apply at the time of use of the Website, or at the time of the conclusion of the contract (see Clause 5), you are under an obligation to read these Conditions on a regular basis.
The contract can be concluded in all languages (see Clause 18) in which these Conditions are available.
If you have any questions concerning the Conditions, please contact Jisco under the email address email@example.com prior to placing your order. The Conditions do not affect your statutory rights.
TERMS AND CONDITIONS
1. SCOPE AND DEADLINES
2. USE OF THE WEBSITE
3. REGISTRATION UNDER HTTP://SHOP.JISCOSTYLE.COM/
4. STORAGE POSSIBILITIES AND REFERENCE TO THE TEXT OF THE CONTRACT
5. CONTRACTUAL PARTNER, LANGUAGE, AND CONCLUSION OF CONTRACT
6. PRICES AND SHIPPING COSTS
7. PAYMENT METHODS AND TERMS
8. DELIVERY TIMES; TRANSFER OF RISK
9. VALUE ADDED TAX
10. RIGHT OF RETURN AND EXCHANGE RIGHT
13. RETENTION OF TITLE
14. INTELLECTUAL PROPERTY
15. LINKS ON OUR WEBSITE
16. TRANSPORT DAMAGE
17. APPLICABLE LAW; COURT OF JURISDICTION
18. LANGUAGE OF CONTRACT
19. AMENDMENT OF CONDITIONS
20. SEVERABILITY CLAUSE
21. SCOPE OF THE AGREEMENT
1. IDENTITY OF THE SELLER
2. INFORMATION CONCERNING THE CONCLUSION OF THE AGREEMENT
3. CONTRACTUAL LANGUAGE
4. MATERIAL FEATURES OF THE GOODS
5. PRICES AND PAYMENT METHODS
6. DELIVERY TERMS
7. STATUTORY RIGHTS OF DEFECT LIABILITY
TERMS AND CONDITIONS
1. SCOPE AND DEADLINES
1.1. The processing and delivery of all orders through the Online-Shop are solely governed by the following Conditions which form the basis of all contracts concluded on the Website. Other deviating or opposing terms and conditions to these Conditions shall not apply. The following Conditions shall also apply exclusively, should Jisco process an order in full awareness of the deviating and opposing terms and conditions without any reservations.
1.2. Our Conditions are valid only for deliveries within Spain, the European Economic Area and any other country. Jisco reserves the right to decline orders.
1.3. Insofar as these Conditions refer to consumers, these are deemed to be natural persons, whose purpose of their order cannot be mainly attributed to the pursuance of a commercial, independent or free-lance activity. Traders are natural or legal persons or business partnerships with legal capacity, who order goods for commercial, independent or free-lance purposes. Customers within the meaning of the Conditions include both consumers and traders.
1.4. Where working days are quoted as deadlines, these include all days of the week, with the exception of Saturdays, Sundays and statutory public holidays.
USE OF THIS WEBSITE
2.1. By using this Website and / or placing an order thorough this Website, you undertake to
I Use this Website solely for legitimate enquiries or orders;
II Not place any wrongful, false or fraudulent orders; if Jisco has reasonable grounds to suspect that such an order has been placed, Jisco shall be entitled to cancel the order and inform the competent authorities;
2.2. If you do not provide Jisco with all the information needed, Jisco may not be able to process your order.
2.3. By placing an order through the Website, you warrant that you are at least 18 years old and legally capable of entering into legally binding contracts.
2.4. You must abstain from any disruption of the Website or from any use of accessible data, which goes beyond the intended use on the internal platform. Apart from legal consequences, manipulations with the aim of procuring, unauthorized payments or other advantages to the disadvantage of Jisco, of one of its partners or of other users, can notably lead to the loss of access to the Website.
2.5. You may not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You will not attempt to gain any unauthorized access to this Website, to the server, which hosts this Website, or to any other server, computer or a database related to this Website. You undertake not to attack this Website via a “DENIAL OF SERVICE ATTACK” or a “DISTRIBUTED DENIAL OF SERVICE ATTACK.”
2.6. Failure to observe this provision may constitute a criminal offense under the applicable legal regulations. Jisco will report any such breach to the relevant law enforcement authorities and will co-operate with the appropriate authorities to disclose to the identity of the hacker. In the event of any violation of this Clause, you will be deprived of your permission to use this Website with immediate effect.
2.7. Jisco accepts no liability for any damage or loss resulting from any “DENIAL OF SERVICE ATTACK”, virus or other software or material which is malicious or technologically harmful to your computer, equipment or data resulting from the use of this Website or the downloading of the contents thereof or of such contents to which this Website redirects.
REGISTRATION UNDER HTTP://JISCOSTYLE.COM/
3.2 It shall be your responsibility to provide accurate and complete details of your personal data, which are required for the registration. You are under an obligation to maintain confidentiality with respect to the login details and not make them available to any unauthorized third party. Registration is confirmed immediately after you have sent off the registration by clicking the buttons “CREATE”, "JOIN" or “SUBSCRIBE”.
3.3 You are solely responsible for contents you enter in domains, which are accessible for this purpose (such as blogs). These may not infringe the rights of third parties. You are not entitled to store or publicize any content having been entered by yourself, such as product evaluations.
3.4 Each customer is entitled to hold only one customer account at a time. Jisco reserves the right to delete multiple registrations and to caution or give notice of termination of contract to members, who breach the Conditions detailed in Clauses 3.1 to 3.3 or to delete or modify contents (Virtual House Regulation)
3.5 Jisco is not obliged to accept the registration or the order of a registered customer. Furthermore, Jisco is not obliged to have its offer of goods permanently available. However, orders which have already been confirmed, shall generally remain unaffected by this provision.
STORAGE POSSIBILITIES AND REFERENCE TO THE TEXT OF THE CONTRACT
4.1 You may review these Conditions on the Website under “TERMS AND CONDITIONS AND CUSTOMER INFORMATION”
4.2. Furthermore, you can print out or save this document by using the customary functions of your internet service program (you can find the save function of many browsers if you click on “DATA” and then “SAVE UNDER”)
4.3 In addition, you can simply archive the details of your order by either saving the data summarized on the last pages of the order process in the Online-Shop with the aid of your browser functions or by waiting for the automatic confirmation of receipt of order, which Jisco will, on the completion of your order, additionally send to the e-mail address you have provided. This confirmation email will once again contain the details of your order and these Conditions and can be printed out or saved using your email program.
4.4 Jisco will store your order data, but - for security reasons - the data will not be directly accessible by you. Jisco offers a password protected direct access (“My User Account”) to each customer. After entering your corresponding registration details, you can access relevant data concerning your completed, open and recently transmitted orders and administer and save your address data. You are obliged to treat your personal access data confidentially and not make them accessible to unauthorized third parties.
CONTRACTUAL PARTNER, LANGUAGE AND CONCLUSION OF CONTRACT
5.1 The contract concerns the sale of goods.
5.2 The contract of purchase is concluded with Jisco Eyewear SL, Carrer del Golf de Lleó, 11 - 07007 Palma de Mallorca, Islas Baleares, Spain, telephone +34 931 763 988. The goods offered on the Website are currently available in Spain and the European Countries (EU and non EU)
5.3 At present, contracts in our Online-Shop, can only be entered into in English and in German.
5.4 Neither by the information contained in the Conditions nor by displaying the products on the Website does Jisco make a legally binding offer to enter into a purchase agreement. It is rather a non-binding invitation to place an order (invitation ad offerendum). Unless expressly stated otherwise, Jisco’s promotions are non-binding and subject to final confirmation and merely constitute a non-binding invitation to place an offer
5.5 You may place a binding purchase offer through the Online - Shop's basket system. In doing so, all goods which you intend to buy will be placed in the “SHOPPING BASKET”. By using the corresponding button on the navigation bar called “CHECKOUT”, you can call up the “SHOPPING BASKET” to make adjustments to your order. After calling up the “CHECKOUT” page, and entering your personal data as well as selecting the payment and shipping method, all order data will be shown once again on the order overview webpage. Prior to submitting the order, here, you have another opportunity to check all details, modify them or else cancel the order. In placing the order by activating the button “COMPLETE ORDER”, you will make a binding offer to Jisco to enter into a purchase contract.
5.6 No orders are possible for products no longer in stock.
5.7 As soon as your purchase is completed and all products you wish to acquire have been placed in the “SHOPPING CART”/ "CART", you have to conclude the order process by means of another step. To do this, please proceed as follows:
I Click on the field “CHECKOUT” (at the top of the webpage”)
II Agree to these Conditions and the data privacy confirmation by activating the appropriate consent field and click on the field “CHECKOUT”.
III Enter your contact data, the details of your order, the delivery and billing address, verify these entries and click on the field “PROCEED TO CHECKOUT”.
IV Choose the preferred mode of payment.
V Click on “CONFIRM ORDER”
5.8 If you place an order with Jisco, Jisco will automatically send you an email confirming receipt and specifications of your order (order confirmation). The automated order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that the order has been received by us. A purchase contract will only be concluded once Jisco ships the ordered product to you or confirms such shipment to you by means of a second email (the shipping confirmation). If your order is shipped in more than one package, it may happen that you receive a separate shipping confirmation for each package. In this case each shipping confirmation and the corresponding package will constitute an individual and separate purchase contract between you and us.
5.9 Upon acceptance of the order, Jisco does not grant a guarantee with respect to the quality of the purchased goods, unless expressly stated otherwise in writing by Jisco.
5.10 Jisco reserves the right to remove any product from the Website and/or to remove or process any content on this Website, at any time.
PRICES AND SHIPPING COSTS
6.1 When ordering through the Online-Shop, the prices indicated for the offer at the time the order is placed shall apply. Due to the different processing efforts the prices for goods ordered from customers outside the European Economic Area are different to those prices offered within the European Economic Area.
6.2 All payments will be handled in the currency chosen for the purchase.
In the event of orders from customers within Spain or the European Economic Area the price stated include the statutory Spanish value added tax (hereinafter “VAT”) applicable at the time, but not include the shipping costs.
6.3 At present, Jisco delivers to Spain and the European Countries (EU and NON-EU). Shipping costs, if any, are not yet included in the priced stated on the Website. The fixed rate for shipping costs includes the postal charges and packing. For to deliveries to and outside Spain, Jisco charges a fixed shipping cost rate of EUR 9.00, irrespective of the purchase order value. The shipping costs are payable together with the purchase price.
6.4 For deliveries to non-EU countries, additional customs duties, taxes and fees shall be payable. Based on experience, deliveries to countries liable to customs duties take 3 to 7 business days. Please be aware that the product prices as indicated for orders from countries liable to customer duties are exclusive of value-added tax and customs duties, and are also exclusive of Spanish value-added tax. Please note that GLS and TNT will charge all import sales taxes, customs duties and handling charges separately for each country. Further information on customs duties can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm and with respect to import taxes at http://www.agenciatributaria.es/AEAT.internet/Inicio/Aduanas_e_Impuestos_Especiales/Aduanas_e_Impuestos_Especiales.shtml , as well as regarding specific information to Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.
PAYMENT METHODS AND TERMS
7.1 For purchases through the Website, Jisco generally offers Visa, Master Card, American Express and PayPal (as defined below) as payment options. However, for every order, Jisco reserves the right not to offer certain payment methods and to refer you to other payment methods. In this event, Jisco will always provide you with an established and a non-cash-payment method.
7.2 If you use Visa, Master Card or American Express as a payment method, the order will be processed through the online provider Redsys. The order will be shipped once the amount is credited to Jisco's account.
7.3 If you use PayPal as a payment method, the invoiced amount will be paid through the online provider PayPal (Europe) S.à.r.l et Cie, S.C.A (for further details on PayPal, please see www.paypal.com). As a general rule, the buyer must be registered with PayPal or is required to first register and to confirm the payment instructions to Jisco (exceptions may be made for guest accounts) before this payment method can be used. The customer will receive further instructions during the ordering process. The goods will be shipped once the amount is credited to our account.
7.4 Depending on the chosen method of payment, you hereby authorize Jisco or its partner, such as PayPal, to collect the invoiced amounts payable from the bank account (SEPA) indicated by you. If the purchase price is paid via direct debit, the grant of a debit authorization is mandatory for the purchase.
7.5 You shall only have a right of retention or a right to set-off, if your counterclaims have been ascertained with legal force, are undisputed or have been recognized by Jisco. Apart from that, you shall also have a right of retention, if your counterclaim is based on the same contractual relationship and is proportionate to Jisco’s claim.
DELIVERY, DELIVERY TIMES; TRANSFER OF RISK
8.1 The delivery of goods will be processed through a shipping partner designated by Jisco - Jisco uses GLS and TNT for postal deliveries.
8.2 Based on our experience deliveries usually take:
- 1-2 working days within Spain,
- 5-7 working days to other countries within the European Economic Area with GLS standard shipping, 1-2 days with TNT shipping; and
- 7-9 working days to third countries outside the European Economic Area with GLS standard shipping 2-5 working days with Express Shipping.
8.3 In the event the delivery period is adversely affected by circumstances caused by force majeure, it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative interventions, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, which are out of our control, for example due to fire, water and machine damages as well as all other hindrances, which , if considered objectively, have not been caused by gross negligence of Jisco. Jisco shall notify you of the beginning and end of any such hindrances without delay. If the hindrances in providing the service in one of the aforementioned cases persist for longer than 4 (four) weeks, you shall be entitled to withdraw from the contract. Further claims, in particular claims for damages, shall be deemed non-existent in this case.
8.4 Jisco shall not accept any procurement risk, not even in the event of sales contract concerning unascertained goods. By accepting your offer, Jisco only agrees to deliver from its stock of goods on hand.
8.5 If the delivery service provider commissioned by Jisco is not able to carry out a delivery, he/she will try to deposit your delivery at a safe place. In this event, you will receive a message informing you where your goods are and how you can receive them. If you should not be at the delivery place at the delivery time agreed, please contact Jisco - should you have been specifically informed of the name of the delivery service provider - the latter, in order to determine another for delivery.
8.6 Should the delivery to a customer be impossible, because the delivered items do not fit through the customer’s, front door or staircase, or because the customer cannot be found under the delivery address stated by him/her, although he/she has been informed of the delivery time within a reasonable period of time, or the customer does not collect the item within the storage period at the depositary agency he/she has been informed of, the purchaser shall bear the costs of the unsuccessful delivery.
8.7 Notwithstanding clause 8.3 and to the extent permitted by law, you may only withdraw from the contract for reason of delay of delivery, if this delay is attributable to Jisco.
8.8 Jisco has the right to make partial deliveries, to the extent that this may be deemed reasonable for you.
8.9 For consumers making mail order purchases, the risk of accidental destruction and accidental deterioration of the purchased goods shall pass to the consumer when the goods are handed over to him/her or to a recipient specified by him/her. This shall apply regardless of whether the goods were insured on dispatch or not. Otherwise, the risk of accidental destruction and accidental deterioration of the goods in question, shall pass to the customer when delivering the purchased good to the shipper or to the person or organization otherwise designated to perform the dispatch.
VALUE ADDED TAX
9.1 Pursuant to the prevailing rules and regulations in force, all online purchases within the European Economic Area are subject to VAT, except for those purchases being shipped directly to customers on the Canary Islands, Ceuta and Melilla. In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of VAT, the place of supply shall be deemed to the place within the member state where the delivery address is situated, and the applicable VAT shall be calculated at the prevailing rate of each member state where items are to be supplied as per the orders placed.
9.2 Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the “REVERSE CHARGE” (Article 194 of Directive 2006/112) may apply to goods supplied in certain member states of the European Union if the customer is, or is required to be, a taxable person for VAT purposes. In this event, Jisco would not charge any VAT, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
9.3 As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, these would be exempt from VAT, as provided under Article 146 of the above directive, but would be subject to the application of the relevant taxes and customs duties pursuant to the prevailing rules and regulations.
9.4 For deliveries to countries outside the European Economic Area, additional customs duties, taxes and fees shall be payable. Based on experience, deliveries to countries liable to customs duties take 2 to 5 business days. Please be aware that the product prices as indicated for orders from countries liable to customs duties are exclusive of value-added tax and customs duties, and are also exclusive of Spanish value-added tax. Please note that GLS and TNT will charge all import sales taxes, customs duties and handling charges separately for each country. Further information on customs duties can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htmand with respect to important taxes at http://www.agenciatributaria.es/AEAT.internet/Inicio/Aduanas_e_Impuestos_Especiales/Aduanas_e_Impuestos_Especiales.shtml, as well as regarding specific information to Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
In case of a return, customs duties, import sales taxes and GLS and TNT or others' handling charges, will not be refunded.
RIGHT OF RETURN AND EXCHANGE RIGHT
10.1 If you are contracting as a consumer, you have the right to withdraw from the contract, within 14 (fourteen) days, without stating any reason (excepting the contracts for those products for which the right of withdrawal is excluded (see below)).
The cancellation period will expire after 14 (fourteen) days from (I) the day on which you, or a third party nominated by you (other than the carrier), have taken an/or takes physical possession of the products, or (II) in case of a contract regarding multiple products on one delivered separately, on the day on which you, or a third party nominated by you (other than the carrier), has taken and/or takes physical possession of the last product.
To exercise the right of withdrawal, you must inform us under
Jisco Eyewear SL
Av.da Vía Augusta 15-25
08174 Sant Cugat del Vallés
of your decision to withdraw from this contract by an unequivocal statement. You may use the model withdrawal form found in the Return Page on this website, but its use is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
10.2 Effects of withdrawal
If you withdraw from this contract, Jisco shall reimburse all payments received from you concerning the goods with respect to which the withdrawal right has been used, without undue delay and in any event no later than 14 (fourteen) days from the day on which Jisco has been informed of your decision to withdraw from this contract. Due to the fact that Jisco covers the cost for return, the cost of delivery will not be reimbursed in cash, but shall be set off with the cost of return since the latter has to be borne by the customer. Jisco will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Jisco may withhold reimbursement until Jisco has received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
10.3 You shall send back the goods or hand them over to Jisco without undue delay and in any event no later than 14 (fourteen) days after the day on which you communicated your withdrawal from this contract to us. The deadline is met, if you send back the goods before the period of 14 (fourteen) days has expired.
10.4 Jisco offers a free GLS pick up service for returns. If you choose to send the goods independently, you must bear the costs of returning.
10.5 You are only liable for any diminished value of the goods if it results from a handling other than what is necessary to establish the nature, characteristics, and functioning of the goods and you have been properly informed of your right of withdrawal
10.6 Exceptions to the right of withdrawal
The right of withdrawal does not exist and/or ceases to exist in the case of goods that have been made according to detailed customer specifications or have clearly been tailored to individualized needs and products in final sale.
10.7 In circumstances where you consider that the product was faulty at the time of delivery, you should promptly contact Jisco via email (firstname.lastname@example.org) with details of the product and its damage. Jisco will process the refund or replacement as soon as possible and, in any case, within 30 (thirty) days of the day Jisco confirmed to you via email that you are entitled to a refund or replacement of the defective product.
10.8 Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you. Jisco will always refund any money received from you by the same payment method used by you when initially paying for your purchase.
10.9 This cause does not affect your statutory rights and, in particular, not the statutory right of withdrawal for consumers mentioned in Clause 10.1.
11.1 With the exception of Clause 11 and 12 of these conditions, the statutory warranty legislation applies to consumers. The goods offered at www.jiscostyle.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
11.2 In derogation to this, the following applies to entrepreneurs/businessman:
a - If the item manifests a defect at the time of the transfer of risk, Jisco may remedy the defect, at its discretion, by repair or replacement.
b - The place of performance for supplementary performance is Jisco's place of business. Jisco is not obligated to indemnify the cost incurred by you in connection with the remedy of defects, if the costs increase is due to the fact that the item has to be transported to a place other than the receiving point, provided that the transportation of the item does not correspond to its intended use.
c - In the event of an unsuccessful remedy of the defect, you have the choice, subject to statutory requirements, to either reduce the purchase price or else to rescind the contract. Clause 12 shall apply to claims for damages based on defects.
d - The warranty period shall be two years, commencing with the delivery of the goods. The shortened warranty period does not apply, if Jisco is guilty of causing damages or injury to life, person or health, or in cases of gross negligence, intentional damages and/or bad faith.
Jisco shall not be liable for damage compensation claims or any reimbursement of expenses, regardless of the underlying legal reason, and, in particular, not with respect to claims arising from deficiencies of the goods owing to other breaches of obligations or derived from tort. Excepted from this are damages resulting from the destruction of life, personal injury or health damages for which Jisco is culpable and other damages and losses if caused by a willful or grossly negligent behavior of Jisco or if Jisco has assumed a guarantee.
12.2 Finally, such damages and losses for which Jisco is liable under product liability law or which result from the culpable breach of major contractual obligations are also not included in the above-described exclusion of liability. Major contractual obligations are, in particular, such obligations arising from the nature of the contract and the infringement of which would endanger the achievement of the purpose of the contract, as well as duties imposed on Jisco by the contract's content to achieve the purpose of the contract, the fulfilment of which is essential for the customer relies and may rely on a regular basis. Jisco's liability for the breach of major contractual obligation is limited to foreseeable, typical damages resulting hereof, unless Jisco acted willfully or grossly negligent or can be held liable for damages resulting from the destruction of life, personal injury or health damages or pursuant to product liability law.
12.3 According to the actual state of technology, data communication via the internet cannot be guaranteed to be without errors and/or available at all times. Hence, Jisco shall not be responsible for a permanent and uninterrupted availability of the Online-Shop or for technical or electronic errors during the sale process, which are out of Jisco Eyewear SL’s control. To the extent that links to other websites or sources are provided, Jisco is not responsible or liable for the availability of such external websites and sources. Jisco does not dedicate contents, which are accessible on such websites or sources, to itself and excludes any liability and guarantee in relation to these, provided that, on a case-by-case basis, no positive knowledge of the illegality of specific contents exists.
12.4 The infringement of duty on the part of a legal representative or vicarious agent of Jisco is equal to an infringement of duty by Jisco itself. To the extent that Jisco’s liability is excluded or limited pursuant to Clause 12.1 and 12.2, this also applies to our legal representatives and vicarious agents.
12.5 The above regulations do not constitute a change of the burden of proof.
RETENTION OF TITLE
13.1 Until full payment of the purchase price, the goods shall remain Jisco’s property. Conditional upon the full payment of the purchase price, ownership of the goods will automatically be transferred to you. Until this point, you are the owner of an expectant right to acquire the title to and ownership of the goods.
13.2 Before the transfer of ownership, a pledge, assignment, lien or any other transaction threatening the property is not permitted without the prior consent of Jisco. If a pledge has been granted or a good has been confiscated, you must inform Jisco in writing without undue delay. Furthermore, you are obligated to inform the third party that the good in question is the property of Jisco.
14.1 You hereby acknowledge and agree that any copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Jisco or its licensors. You may use this material only to the extent expressly authorized by Jisco or its licensors. This provision does not prevent you from using this Website to the extent necessary to make a copy of any order or contract details.
LINKS ON OUR WEBSITE
15.1 Jisco’s website may have links from the Website to other third party websites and materials; such links are provided exclusively for informative purposes and Jisco does not have any control whatsoever over the content of such websites or materials published there. Accordingly, Jisco Eyewear SL accepts no liability whatsoever for any loss or damages which may arise from the use of such links.
16.1 If products are delivered with apparent damages from transportation, you should report such damages as soon as possible to the carrier and should contact Jisco without undue delay. The failure to state a complaint or failure to inform does not have an effect on statutory claims of consumers, in particular, warranty rights, and their enforcement. However, this will secure that Jisco can assert its own claims against the carrier and/or the cargo insurance.
APPLICABLE LAW; COURT OF JURISDICTION
17.1 The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental convention, even after they are transposed into Spanish law, shall not apply. The applicable law for all legal transactions or other legal relationships with Jisco Eyewear SL is the law of the Country of Spain. In the case of contracts, in which no professional or commercial activity can be attributed to the beneficiary (contract with a consumer), this choice of law shall apply only insofar as protection granted by mandatory provisions of the law of the state, in which the consumer normally resides, has not been revoked (favorability principle).
17.2 In commercial transactions with traders and legal entities under public law, our registered office shall be agreed as the court of jurisdiction for all disputes concerning these Conditions and for individual contracts concluded within their scope, including legal actions brought concerning bills of exchange and checks. In this case, Jisco shall also be entitled to bring an action at the business domicile of the customer.
LANGUAGE OF CONTRACT
18.1 The languages available for the conclusion of contract are English and German.
AMENDMENT OF CONDITIONS
19.1 Jisco shall be entitled to amend these Conditions unilaterally, insofar as this is required to remove subsequently emergent disruptions of the equivalence mandate or to adapt to a changing legal or technical environment. Jisco shall notify customers of any amendments by sending them the amended content. The amendment shall become a component of the contract, unless, within 6 (six) weeks of the receipt of the notification of amendment, the customer communicates to Jisco, in written form, his objection to the inclusion of the amendment into the contractual relationship.
20.1 In the event that a present or future provision of the contract is or becomes ineffective/void or should be or prove to be unfeasible, in whole or in part, this shall not affect the validity of the remaining provisions of these Conditions, unless, having regard to the subsequent provision, the performance of the contract would constitute unreasonable hardship for either party. The same shall apply where an omission, which needs to be supplemented, becomes apparent after the contract has been concluded. The parties shall replace the ineffective/void or unfeasible provision or gap needing completion with a valid provision, which, in its legal and commercial content, comes closest to the ineffective/void or unfeasible provision and the purpose of the contract.
SCOPE OF THE AGREEMENT
21.1 These Conditions and any document expressly referred to in them represent the entire agreement between you and Jisco in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between you and Jisco, whether orally or in writing.
21.2 Both you and Jisco acknowledge that, when entering into a contract, neither you nor Jisco has relied on any representation, undertaking or promise given by the other and/or might be implied from anything said or written in negotiations between you and Jisco prior to such contract, except as expressly stated in these Conditions.
21.3 Neither you nor Jisco shall have any remedy with respect to any untrue statement made by the other, whether orally or in writing, prior to the date of this contract (unless such untrue statement was made fraudulently). The other party´s only remedy shall be the one for any breaches of contract.
IDENTITY OF THE SELLER
Jisco Eyewar SL
Carrer del Golf de Lleó 11
07007 Palma de Mallorca
Islas Baleares, ES
INFORMATION CONCERNING THE CONCLUSION OF THE AGREEMENT
The technical steps for the conclusion of the agreement itself and the possibility to make corrections are made subject to the terms set out in Clause 5 of Jisco’s Conditions.
The contractual languages is English.
The specific contract text of your order will not be stored by us. After receipt of your order, Jisco will send to you all order data, the statutorily required information for distance contracts and the general terms and conditions again via email.
In case of special orders outside the online basket system, you will receive the contract data in connection with a binding offer via email which can be printed or stored electronically.
MATERIAL FEATURES OF GOODS
The essential characteristics of the goods can be found in the description of the item and in the additional information on Jisco ’s Website.
PRICES AND PAYMENT METHODS
The prices and shipping costs disclosed in the relevant offers are overall prices. They include all price components, including all applicable taxes.
The shipping costs applicable are not included in the purchase price. They will be listed separately during the ordering process and have to be borne separately by you, unless you have been expressly promised free shipping costs in written form.
The payment methods available are provided on Jisco’s Website and will be listed separately during the ordering process.
Insofar as there are no other remarks concerning payments, the payment claims arising from the contract are payable immediately.
If you are a consumer, it is foreseen in the law that the risk of an accidental loss and deterioration of the purchased good during delivery will not be transferred to you until the handover of the good, regardless of whether the shipment has been insured or not. This does not apply if you commission a delivery company or other person or institution to carry out the dispatch which was not designated by the entrepreneur.
If you are an entrepreneur, the delivery and shipping will be carried out at your own risk.
STATUTORY RIGHT OF DEFECT LIABILITY
The liability for defects of goods shall be governed by Clauses 11 and 12 of the Conditions.
Status: February 2016
Yours faithfully Jisco Eyewear SL
The foregoing Conditions constitute intellectual property, protected under copyright law. Any use by third parties - including the use of extracts - for the commercial purpose of the offer of goods and/or services - is not permitted. Infringements will be prosecuted.