Sales Policy

Main conditions for contracting

These conditions for contracting apply to all the sales done on the web www.jmcarbomarti.com, owned by José Maria Carbó Martí, registered office C/ Joan Maragall Nº 29 08330 Premià de Mar, Barcelona, Spain. Tax number 46238080F. 

For all inquiries, please contact  contact@jmcarbomarti.com.

The purpose of these conditions is to describe and to report to the user the conditions which apply to all the sales done online through the web www.jmcarbomarti.com (Jmcarbomarti) of the products which are available at a given moment. Information included on the web’s «Legal terms» section and data related to specific products should also be considered.

Jmcarbomarti can modify these conditions at any given time which may be thought useful; in any case, new conditions will immediately be published so that they can be checked by the user.

User engagement

​According to Spanish Law 32/2002 on Services for the Information Society and Electronic Commerce, by validating any order placed with any electronic commerce method, the user expressly acknowledges that he/she is aware of these Terms and has had access to them upon entering the Web Site www.jmcarbomarti.com.

The user agrees to send truthful and accurate information. In case of people under age, specific consent must be granted by a legal representative (father, mother, or guardian). Considering the fact that  www.jmcarbomarti.com cannot legally check the truthfulness and accuracy of the data sent by the user, the owner of the web site reserves the right to send orders once data have been checked, according to his sole professional judgement. However, this does not mean that data which have not been checked are true and accurate.

More specifically, the user is required to send truthful and accurate information, to keep it updated, and to make delivery possible by sending a correct postal address and an adequate reception timeframe. If this is not the case,www.jmcarbomarti.com will not be held responsible for the delay in the order delivery..

Use of the web page

The use of the web page must comply with the conditions included in this legal notice, which can be read at any time. It is also subject to the conditions shown for access to some functions and certain legal principles, such as those related to the e-shop.

In case of people under age, specific consent to browse the web must be granted by a legal representative (father, mother, or guardian). Even if the web is intended for an adult audience, the content is not harmful to the rights of people under age.

Except for the right to mention or refer to the information and elements included in the web page, it is forbidden to use it for commercial means without prior authorization. Use of content and elements included in the web page without prior authorization is also forbidden, especially if protected by copyright law. The User undertakes not to use the contents included and services offered by the web page for illegal purposes, to disseminate racist or xenophobic content, pornography,  encouragement of terrorism, or any offence to human rights. The user agrees not to cause damages to Jmcarbomarti physical and logical systems, its providers, or a third-party, not to send computer viruses, not to use e-mail accounts from other users, or manipulate the messages sent from these addresses.

Purchase process

Prices stated on the web page include VAT. 

If the user wants to buy a product, he/she must visit the page where the «Shop» option is displayed. This option must be checked, and the exact quantity required specified. At the top-right corner of the web page, an icon depicting the shopping cart with the chosen articles will be shown. If pressed, you will be transferred directly to the e-shop, where you will have to fill in the form (following instructions that may be given) and confirm the purchase. You will then be informed of the products’ final price. You will be automatically transferred to a gateway payment (virtual POS) where payment by credit card will be offered.

The user will always have information on the purchase process. Confirming the purchase implies that the user accepts the general terms and conditions and is bound by them. It is also proof of acknowledgement and acceptance of these Terms and Conditions.

Once the purchase is confirmed and payment has been received, www.jmcarbomarti.com will issue and send an invoice to the customer’s e-mail stated in the purchase form. 

www.jmcarbomarti.com will process the order as soon as possible.

Personal data

Data sent by users will be included in a personal data file. They will be used only to process the order. At any given time, the user can access, rectify, or cancel personal data, and oppose data treatment, as stated in the data protection regulation. To do so, please send a message to contact@jmcarbomarti.com, or a letter to the postal address specified at www.jmcarbomarti.com, which can be found at the beginning of these conditions.

Payment process

Sales payment at the online shop  www.jmcarbomarti.com must take place with Visa or MasterCard credit card. Stripe is used for payments with credit card: this platform ensures the customer’s security, as data are encrypted, and no one can intercept the data sent nor use them fraudulently. Data from the credit cards are sent to the bank with all necessary protection. This information is never sent to another recipient.

If payment is denied, the order will be cancelled, and an e-mail message with be sent to the user. If payments are made using credit cards that have been issued outside Spain, the issuing bank must accept the “Comercio Electrónico Seguro (CES)” (Verified by Visa or MasterCard Secure Code) security protocol.

Shipping costs

Shipping costs will automatically be calculated once delivery details are introduced while checking out.

Problem resolution

Delivery for the products bought and sold under the general Terms and Conditions depends on Jmcarbomarti availability. All efforts will be made to send products on the scheduled, offered or confirmed date.

If there is a delay in the goods delivery caused by the carrier, the user can contact Jmcarbomarti. A claim will be forwarded to the carrier or the post office, and any answer received will be quickly sent to the user. However, www.jmcarbomarti.com holds no responsibility if time frames are not met due to causes related to a third-party.

Withdrawal right

The user has the right to withdraw from the purchase within 14 days of Jmcarbomarti order reception. In this case, you need to contact by e-mail (contact@jmcarbomarti.com) Jmcarbomarti who will process the product’s return if an agreement between parties is reached. Withdrawal rights can be exercised in these situations:

• If a defective product is sent. Once Jmcarbomarti receives the product, another one with the same reference will be sent. In this case, only the first shipping will be charged and Jmcarbomarti will bear the return and subsequent shipping costs. 
• If the product sent is not correct. In these cases, Jmcarbomarti will bear the costs related to the withdrawal of the wrong product and delivery of the correct one.
• If Jmcarbomarti can not send the product due to direct or indirect causes.

Jmcarbomarti will only accept the return of physical products if they show the same conditions they had when sent to the buyer.

Any reimbursement will be sent once the returned product’s condition has been checked and confirmed by Jmcarbomarti. Price will be refunded within 30 days..

Guarantee

Products are out of guarantee if, once delivered to the user, they suffer any type of damage due to external causes, accidents or if instructions are not followed.

Applicable law

The operations carried out using www.jmcarbomarti.com web page are subject to legislation applicable in Catalonia. In case there is any dispute regarding the interpretation and application of these conditions, legal proceedings should be done at the Court stated by protection rules regarding customers in force at any given time (buyer’s place of residence). In case the purchase comes from outside Spain, or it is not done by a final consumer, both Parties agree to submit to the exclusive jurisdiction  of the competent Courts in Barcelona.

These Terms and Conditions will immediately be cancelled upon Jmcarbomarti’s extinction, if bankruptcy proceedings are initiated, suspension of payments procedure, arrangement with creditors, or a similar procedure under national law, general transfer of goods in favour of creditors, cease of the activities of the company, or any similar legal procedure. As stated by the law regulating the retail trade and Directive 97/7/CE), Jmcarbomarti will grant a timeframe of 15 days to terminate or withdraw from the contract.