Terms of service
This document, together with all attached documents, regulates the conditions governing the use of this website www.juegoyjardin.com and www.playandgarden.com and the purchase of products through it.
For these general conditions, the entity www.juegoyjardin.com and www.playandgarden.com is called"JUEGOYJARDIN"; and"CLIENT"to the possible client or user of this website and the possible online purchase.
By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the Client agrees to be bound by these Conditions and by all the aforementioned, so if they do not agree all of this, you should not use this Website.
Likewise, it is reported that these Conditions could be modified by JUEGOYJARDIN, as well as the Conditions of Use, Privacy and CookiesThe Client is responsible for consulting them each time he accesses, browses and/or uses the Website since those that are in force at the time the purchase of products and/or services are requested will apply.
JUEGOYJARDIN may modify these General Purchase Conditions as well as the Conditions of Use, Privacy and Cookies.
The order may be formalized at the Customer's choice in any of the languages available on the website:Spanish, Catalan, English or French.In case of discrepancy in the interpretation, the clauses in Spanish will prevail.
This website is operated by:
Pau Massegur, with fiscal address at Pit-Roigs 38, 17150 Sant Gregori (Girona), Spain.
The Client undertakes not to place any false or fraudulent order, and JUEGOYJARDIN reserves the right to cancel it and take the appropriate actions in those circumstances.
The Client declares that he is over 18 years of age and has the necessary and sufficient legal and work capacity to enter into contracts of economic content.
In the case of legal persons, the natural persons acting on their behalf and on their behalf, through this site, guarantee against JUEGOYJARDIN, and third parties linked to the provision of the contracted services, that they have sufficient representation in their favor by the corresponding person at the time of making the purchase and guarantee that at the time of making the transaction they are not violating the rights of any third party in this regard and that the data and information relating to legal persons are true, accurate and reliable.
JUEGOYJARDIN will not be responsible for any damage, loss or harm to people and/or goods that cause or are related to the previous statement.
To place an order, the Client must select from the JUEGOYJARDIN website the products they wish to purchase by creating a virtual shopping list.
Before placing the order, the Customer must have followed the following steps:
1.Read and understand the description of the products as it appears on this websiteIn case of doubt, the Client must contact JUEGOYJARDIN through the email firstname.lastname@example.org.
2.Read and understand the essential and technical characteristics of the products, which are available in the product information and technical information sections of the websiteAmong them, any statement regarding technical standards and benefits relevant to the use you want to give the product.
3.Consult on the website the indicated price of the products and the possible promotions that may be applicable, being able to view and know the final price including VAT or tax that may be applicable, as well as the price of the transport service.
JUEGOYJARDIN will show updated information on the availability and stock of the products on its websiteEven so, it is possible that a product, whose availability has been confirmed by JUEGOYJARDIN, has been sold out during the ordering process, so, in this case, JUEGOYJARDIN will inform the Client of this situation via email and/or by phone, and will deliver the product in a period longer than that initially indicated, at no additional cost.
5.PRICE AND PAYMENT
The prices of the products that appear on the website include VAT and are current at all times, including current promotions that may be applicable, except that due to legal requirements, especially in relation to VAT or other taxes, it is indicated and apply different question.
The prices of the products exclude the expenses of the services, which will be added to the total amount before proceeding to the payment of the same.
Prices may change at any time, but possible changes will not affect orders or purchases for which the Customer has already received an order confirmation.
The accepted means of payment will be:Credit or debit card and the payment methods integrated by Shopify.
Credit cards will be subject to checks and authorizations by the issuing bank.If said entity does not authorize the payment, JUEGOYJARDIN will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the ClientOnce JUEGOYJARDIN receives the purchase order from the Client through the Website, the card will be charged
All the expenses generated by the payment systems will be paid in full by the Client and will be added to the total amount to be paid.
Through this payment method, the Client must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference.In the event of an error, the Client will not be able to validate the order, which will be canceled.
JUEGOYJARDIN is not responsible for the lack of veracity of the data included by the Client at the time of ordering nor especially for the damages generated to third parties by the illegitimate use by the Client of means of payment.
It is not possible to pay for the purchase of the products or the service in a different way than expected.
The Client will receive his invoice, in paper or digital format, for the purchase of the contracted products and services, which will be delivered together with the merchandise.
All shipping costs for JUEGOYJARDIN products are always borne by the buyer CUSTOMER
The delivery will be made in accordance with the FCA incoterm clause, with which JUEGOYJARDIN will assume the risk for the loss, damage, breakage or destruction of the product until the merchandise is made available at the point agreed between the parties.Therefore, the responsibility of the merchandise will be transferred at the moment in which JUEGOYJARDIN makes it available to the buyer CUSTOMER at the agreed point at the time of unloading the merchandise.
JUEGOYJARDIN will send the order within the term agreed with the Client according to the delivery method, within a maximum period of 30 daysThe “delivery” will be understood to have occurred when the Client or a third party designated by him acquires physical possession of the products, which will be accredited by signing the delivery note that JUEGOYJARDIN or the transport service provider provides for this purpose.
In the event that the cause for which the delivery is not made is an absence on the part of the Client, the latter must pay again the amount of the Transport before it is carried out, except for causes attributable to JUEGOYJARDIN, in which case JUEGOYJARDIN will bear the cost for the next shipment.
The Client must:
1.Pay the price of the Services at the time of contracting, according to the prices stipulated in the attached order for each Service through the accepted means of payment.
2.Stay at the address where the Service is to be performed on the agreed date and time or expressly designate a person for these purposes.
3.The correction of the data is essential for the provision of the service, therefore, the Client declares and guarantees that the data that appears in the order (name, surname, telephone numbers, full address, date and time of the performance of the Service) are correctIt is necessary for the Client to provide JUEGOYJARDIN with a contact telephone number to be able to locate and manage the contracted services and to be able to follow up.
4.Deliveries are not allowed to PO boxes and public placesIn the event that the carrier has to travel a second time due to an error in the data, the Customer must pay the cost of this movement or shipment according to the order rate.
After the provision of the contracted service, it is essential to sign the delivery note, indicating in the incidents section, any that may have arisen at the time of the provision of the service or damage causedClaims that do not appear on the delivery note will not be accepted.
The Client is responsible for verifying the quantity of packages received, their status and signing their agreement or not with the delivery, having examined the merchandise together with the Service ProviderLoss and/or damage to merchandise and/or facilities during transport must be stated in writing on the delivery note at the time of delivery.
In the case of non-visible damage or loss, the claim period is 2 days from deliveryThe Client must present a descriptive writing and, where appropriate, photographs of any damage/incident that they perceiveThe writing may be submitted by e-mail to email@example.com.
5.At the time of contracting the service, the Client must ensure that the space and height conditions of the place where the transport is to be carried out are appropriate, as well as notify at the time of contracting the transport if there is any obstacle that prevents or hinders the delivery of the merchandise in the indicated place, such as doors of reduced dimensions, stairs that are too narrow, inexistence or lack of adaptation of forklifts or elevators, pedestrian streets or with restricted hours, etc.these circumstances being valued to agree on a special price for transport in these casesIf JUEGOYJARDIN had not been previously informed of this and a second transport was necessary, it must be paid according to rates, without the right to reimbursement of the first, and may entail storage costs.
6.The Client exempts JUEGOYJARDIN, and therefore will be solely responsible for i) making use of the products in accordance with the corresponding technical specifications and instructions for use ii) verifying the correct location and placement of the product in the property in accordance, if applicable , with the building book, the obligations of use and maintenance of the property, emergency and evacuation manuals and any other requirements applicable to the property in question.
Once the merchandise is received, the Customer, if his condition is that of a consumer, will have 14 calendar days from the receipt of the last of the products purchased in the same order to partially or totally exercise his right of withdrawal.
In the event of total or partial withdrawal, JUEGOYJARDIN will return to the Customer, by the same means that it used to pay, the payments received for the returned merchandise and for the contracted services (collection or transport), which in its case will be proportional to the quantity of returned merchandise, within a maximum period of three working days from when JUEGOYJARDIN had received the returned merchandise.
To exercise the right of withdrawal, the Client must go, within said period, to Juegosyjardin.com, Av Girona 85, 17150 Sant Gregori (Girona)JUEGOYJARDIN provides, attached to these terms and conditions, a withdrawal document, which the Client can use, or not, for this purposeLikewise, the Client may send to JUEGOYJARDIN the withdrawal form by email to the address:firstname.lastname@example.org
The Client will be responsible for the decrease in value of the products to be returned resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of these, which will mean that in such cases the exercise of the right to withdrawal offered by JUEGOYJARDIN.
In order to exercise these rights and guarantees, the Customer must in any case present proof of purchase of the products.
In this case of withdrawal, the reimbursement may be withheld until the goods have been received, or until the Customer has submitted proof of their return, depending on which condition is met first.
Products purchased on this website enjoy the following guarantee:
2 years from the invoice date.
The warranty is effective as long as the proper use and maintenance recommended by JUEGOYJARDIN has been carried out.
This warranty will not cover defects due to the passage of time or use (for example, discoloration or peeling of paint, scratches, cracks, etc.)Nor will the warranty be valid in the event of misuse, improper use of the product, improper handling of it, deterioration of the product due to external obstructive or corrosive agents, or due to improper maintenance, lack of cleaning or the use of non-original brand spare parts, etc.
Neither will this guarantee cover defects as a result of inclement weather or catastrophes or wars, nor any other case of similar characteristics.
The JUEGOYJARDIN guarantee will be limited to the supply of the pieces that it considers and accepts to have a manufacturing defect or to break when used in the terms described above, without transport charge for the customer.
In case of need to change any element of the product, JUEGOYJARDIN is not responsible for small differences in colorIn the event that the exact model of the product is not available due to being discontinued, JUEGOYJARDIN will replace it with a similar product.
Provisions common to both guarantees:
These guarantees will not include products that are broken due to negligence or that, once they have left the JUEGOYJARDIN facilities, are damaged, altered, abused, misused or improperly stored.
Once the parts have been supplied, the guarantee will not be extended, continuing the guaranteed product during the period of validity of the guarantee originally granted.
The label, where the manufacturing batch appears, must be kept attached to the product for the validity of the guarantee.
The client will notify JUEGOYJARDIN of all warranty claims within a period of two weeks from the moment they occur, also providing the documents detailed below:
- Copy of the original invoice.
- Photographs in which the defects are clearly shown.
- Product units that are claimed.
- Manufacturing date (labels).
- Defective part or parts.
Once this documentation has been received, JUEGOYJARDIN, if it is accepted as valid, will immediately send as many spare parts as necessary to resolve said claim.
Spare parts or products that come from requests for repair services not subject to the guarantee will be invoiced by JUEGOYJARDIN to the customer.
Damages or failures produced as a direct or indirect consequence of the addition of parts or elements other than the manufactured product, replacement of original JUEGOYJARDIN parts with others not from JUEGOYJARDIN are expressly excluded from the guarantee.
The manufacturer declines all responsibility for losses, costs or direct or indirect damages of any nature resulting from defects in the products.
This guarantee does not affect the rights of the holder in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
10./span>APPLICABLE LAW. SUBMISSION TO JURISDICTION
This contract will be governed by the Spanish legislation that is applicable in what is not provided in it in terms of interpretation, validity and execution.
In the event of disagreement arising from the purchase of products through the distance selling service, from these General Conditions, and for the resolution of any conflicts, the parties agree to submit, waiving any other jurisdiction or jurisdiction to which They may be entitled to the courts and tribunals of Girona (Spain).
MODEL WITHDRAWAL FORM
(You only have to fill in and send this form if you want to withdraw from the contract)
- For the attention of JUEGOYJARDIN.COMAv Girona 85, 17150 Sant Gregori (Girona) and telephone number 635540206, email@example.com
- I hereby inform you/we communicate that I withdraw from me/we withdraw from our contract of sale of the following goods:__
- Order received on:__
- Name of the consumer and user or consumers and users:__
- Address of the consumer and user or consumers and users:__
- Signature of the consumer and user or consumers and users (only if this form is submitted on paper).