Terms and Conditions

GENERAL PURCHASE CONDITIONS

1. General

The Terms and Conditions listed below have been drawn up by Spike Clothing, SL (hereinafter, SPIKE) to provide users of the website www.jo-sephine.com , permanently, easily and free of charge, clear information , understandable, unequivocal and truthful about the conditions that regulate the sale of our products through our website.

To buy products through the website www.jo-sephine.com , it is necessary for the user to read and accept these General Conditions of Purchase, in such a way that the purchase process cannot be completed without their acceptance.

2. Responsible for contractual offers

Users are informed that the person responsible for the sales offers made on the website www.jo-sephine.com is Spike Clothing, SL (SPIKE), with CIF number B88334057 and address in Spain, Calle Conde Peñalver 43, 1º Izquierda 28006 Madrid, and email address: shop@jo-sephine.com .

3. How to buy?

To make purchases through the website www.jo-sephine.com it is not necessary to register. The user can choose the product(s) they wish to buy in such a way that once their purchase is accepted, they will go to the "Shopping Cart".

On the main page of the website www.jo-sephine.com there are several sections corresponding to the different types of products that can be purchased at any given time.

The user must choose the product they wish to purchase, where they can consult detailed information about it:

• Product characteristics.
• If applicable, sizes available.
• In the case of offers, the date on which the offer will end.
• The corresponding taxes included.
• Shipping costs if it is outside the peninsula.

Once the product has been selected, the total price must be paid (taxes (and shipping costs if applicable) included) through the "Shopping Cart", being able to pay for purchases through payment with credit or debit card (VISA, Master Card, American Express) or Pay Pal. Any expense caused by the means of payment used will be the sole responsibility of the buyer.

By accepting the purchase and completing the process, a sales contract is established between the user and the company with these conditions. These sales contracts are formalized only in Spanish.

Once the purchase process is complete, it will be confirmed by email sent to the buyer, which will also contain a description of the product with its characteristics, price, taxes and shipping costs. The product will not be sent until it has been duly paid by the user.

In any case, the invoice or document accrediting the commercial transaction carried out will be delivered to the customer together with the item they have purchased.

4. Geographic scope of offers

The existing product offer on the website www.jo-sephine.com will have any country as its geographical scope, in such a way that purchases can be made by users residing outside of Spain.

5. Product delivery

Orders are prepared every working day at the following times:

• From Monday to Friday from 9:00 a.m. to 2:00 p.m.
• Orders placed outside these hours will be prepared the next business day.
• Shipments are made by express mail. The deadlines are: Spain – between 48 and 72 working hours; Rest of the world between 7 and 15 working days.

SPIKE undertakes to deliver the products in perfect condition to the address indicated by the user on the order form, within normal business hours.

SPIKE will not be responsible for errors caused in the delivery when the shipping address entered by the user in the order form does not correspond to reality or has been omitted.

The maximum period set for deliveries is thirty (30) days, established by default in the Law. However, the usual delivery period is 2-7 working days, from the date of the order.

These deadlines are means, and therefore an estimate. Therefore, it is possible that they vary for logistical reasons or force majeure. In cases of delays in deliveries, SPIKE will inform its customers as soon as it becomes aware of it.

Each delivery is considered made from the moment in which the transport company makes the product available to the user, which is materialized through the control system used by the transport company.

In the case of delays in the delivery of orders attributable to SPIKE, the user may cancel their order in accordance with the procedure described in the Returns section, as if it were a defective order, without assuming the shipping and return costs. . Those cases in which the order has been made available to the user by the transport company within the agreed period and could not be delivered for reasons attributable to the user will not be considered delays in delivery.

If at the time of delivery the user is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery.

If after 7 business days from the delivery date of the order the delivery has not been arranged, the user must contact SPIKE. In the event that the user does not proceed in this way, after 10 business days from the delivery date of the order, it will be returned to SPIKE's warehouses and the user must bear the shipping and return costs of the merchandise. as well as the possible associated management expenses.

If the delivery could not be made due to the loss of the package, our carrier will initiate an investigation. In such cases, SPIKE will contact the user to decide whether to cancel the order and pay the amount paid (cost of the products and shipping costs), or whether to resend a new order, at no additional cost.

At the time of delivery, the user must check the good condition of the package before the transport company that, on behalf of SPIKE, delivers the product, indicating on the delivery note any anomaly that could be detected in the packaging. If later, once the product has been reviewed, the user detects any incident such as a blow, breakage or any damage caused to it by shipping, the user must notify SPIKE by e-mail in the shortest possible time (maximum 5 working days). , in order to process the return.

6. Prices, taxes and expenses

The prices of the products offered through our website are shown only in euros. The final amount to be paid by the user will appear on the tab for each product, and will always include the Value Added Tax (VAT) at the current rate at any time, and any other taxes that may apply.

However, for purchases made from the Canary Islands, Ceuta and Melilla, VAT will be deducted from the price of the products, but the amount corresponding to the applicable taxes will have to be added, as well as, where appropriate, tariffs or customs fees that will be borne by of the buyer.

Buyers from the Canary Islands, Ceuta and Melilla must contact SPIKE before making the purchase to confirm the final amount of the item(s) they wish to purchase in order to inform them of the final amount with the taxes that may apply. be applicable. For this purpose, they should send an email to shop@jo-sephine.com .

Shipments within Spain Peninsula and Portugal are free.

Shipments to the Balearic and Canary Islands have a cost of €15.

The shipping price for Andorra, Austria, Belgium, Denmark, France, Germany, Gibraltar, Greece, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Poland, Switzerland and the United Kingdom will be €20.

The shipping price for the rest of the countries must be consulted by email shop@jo-sephine.com

SPIKE reserves the right to modify at any time and without prior notice, the products offered on this website as well as the sale prices and other conditions or promotions.

7. Failure to perform the contract and replacement of the item

In the event that SPIKE cannot execute the purchase contract with the user because the requested item is not available, we will inform you of this lack of availability before finalizing the purchase, in the product file itself and, in any case, by email. email once we receive your purchase request. If this had not been reported and the user had purchased a product that we did not have available, they may recover the amount paid as soon as possible and in any case, within a maximum period of 30 days.

However, before proceeding with the return, in the interest of the user, we will offer you the possibility of sending an article with similar characteristics or of higher quality, without a price increase.

In this case, the user may exercise their rights of withdrawal and resolution in the same terms as if it were the item initially requested, without the direct costs of return being required.

8. Product warranty

All the products supplied by SPIKE have the guarantees required by current regulations in the field of consumers and users, particularly Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for Consumers and Users and other complementary laws.

SPIKE is not a manufacturer but operates as a seller, therefore the contractual guarantee offered is the one specified by its manufacturer, in accordance with the provisions of the aforementioned Royal Legislative Decree 1/2007.

To make use of the guarantee, it is essential that the user keep the document or proof of purchase that SPIKE provides.

In accordance with the provisions of article 116 of this Royal Legislative Decree 1/2007, users are informed that the photographs of the products offered are for illustrative and indicative purposes, and may differ from the original. The descriptions and images of the items offered through the website www.jo-sephine.com are not contractual but merely informative.

In the event that during the validity of the guarantee period the article presents some vice or defect, SPIKE must be notified immediately by sending an email to devoluciones@jo-sephine.com , so that we can manage the incident properly to as soon as possible.

SPIKE will not assume any responsibility in the event that the user has acted freely without the knowledge or authorization of the company to repair the incident, any cost or damage being assumed by the user himself.

The guarantee does not cover defects, defects, damage or defects of the products that are due to incorrect use, negligence or normal wear and tear.

In any case, the warranty conditions and their exclusions are those established by each manufacturer of the products offered through our website.

9. Right of withdrawal and return of products

The buyer has the right to cancel the contract entered into (return the item they have purchased), thus notifying the other contracting party (SPIKE) within the period established for the exercise of that right indicated in this section, without the need to justify their decision and without penalty of any kind.

The exercise of the right of withdrawal will not imply any expense for the consumer and user. However, in accordance with the provisions of article 101 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for Consumers and Users and other complementary laws, the buyer will be the that assumes the costs of returning the purchased item.

In accordance with the provisions of article 71 of the aforementioned Royal Legislative Decree 1/2007, the user will have a period of seven business days from receipt of the item to exercise the right of withdrawal and be able to return the item they have purchased.

To return the purchased product or exercise the right of withdrawal, the buyer must notify SPIKE by sending an email to devoluciones@jo-sephine.com . In this case, SPIKE will respond by this same means informing of the procedures to follow for the return of the product.

In the event that the user has exercised the right of withdrawal, both parties must reciprocally repay the benefits that were the subject of the contract, with their fruits and the price with interest, except for the exceptions provided for in the Civil Code.

Once the right of withdrawal has been exercised by the user, SPIKE will return the sums paid by the user without withholding of expenses as soon as possible and, in any case, within a maximum period of 30 days from the withdrawal.

Notwithstanding the foregoing, the right of withdrawal, in accordance with the provisions of article 102 of Royal Legislative Decree 1/2007, will not apply, among others, to contracts for the supply of products made according to the consumer's specifications and user or clearly personalized or that, by their nature, cannot be returned or can deteriorate or expire quickly.

Return of products

In the event that the user returns the item received, either as a result of exercising the right of withdrawal or for any other reason reflected in these purchase conditions, he must do so with its original packaging, without having been used, along with its accessories and other documentation, and must be in perfect condition, so that SPIKE can put them up for sale again.

In the event that the product is returned, the amount paid will be refunded by the same means used by the customer to pay for the product, minus the return shipping costs (5.90 euros in the case of the Peninsula).

Our goal is your total satisfaction as a customer, so we take care of shipping costs in case of exchange for another product.

IMPORTANT: Shipping costs for changes and returns of orders made outside the Iberian Peninsula are the responsibility of the buyer. In case of opting for shipping means other than those provided by SPIKE, the costs are borne by the customer.

To proceed with the exchange or return of an item purchased in the online store, you must request it through an email to devoluciones@jo-sephine.com within a period not exceeding 15 calendar days from receipt of the product, letting us know the reason for the return. change or return in case you think it is necessary to help us continue to improve. In the email you must inform us of the day and time slot that you want a courier to pick up or change your order.

Items must be returned in their original condition, along with any accessory related to them, and cannot be used, washed or damaged. They must keep their original labels, their complete original packaging and attach the invoice or a copy of it in case of returning part of the order.

The User will have a period of 15 calendar days to return or change the order, counting from the date of delivery of the same in accordance with article 44 of Law 7/1996 on Retail Trade. For these purposes, the User must send the product in perfect condition and in its original packaging, including everything that was sent with it and its labels in perfect condition, to the address of Jo Sephine at Calle Tambre 21 (bajo - Jo Sephine) 28002 Madrid in the case of having placed the order during PROMOTIONS or DISCOUNTS. In the case of having placed the order without PROMOTIONS or DISCOUNTS, we will take care of collecting the package that you wish to change or return. Once the User has exercised the right of return, SPIKE will return the amounts received by credit, without any withholding and within a period not exceeding thirty days. Notwithstanding the provisions above, the right of withdrawal and/or resolution is excluded in those cases in which, due to the very nature of the items to be purchased, it is impossible to carry it out.

It is possible to make changes from one product to another, there must only be stock of the desired product.

For a return to be accepted, the products to be returned must meet the following requirements:

• The unwanted product must be in the same state in which it was delivered, and must keep its original labeling and packaging.
• The unwanted product must be returned using the same cardboard envelope in which it was received to protect the product, or failing that, in a similar envelope so that the product reaches our warehouse with the maximum possible guarantees.
• If the requirements of the previous point have been respected, SPIKE will send the user an e-mail confirming the acceptance of the return, and will proceed to pay the amount of the returned products, less the cost of returning them. The shipping costs of the order will only be refunded in the case of defective or incorrect products.

10. Security

SPIKE has adopted the maximum security measures available to confirm the security of payments and the confidentiality of the data you communicate to us. For this reason, the website uses an encrypted SSL (Secure Socket Layer) payment method that guarantees the encryption of your bank details at the time they circulate through the network, that is, they are fully encrypted so that they cannot be read. The transaction is carried out through the Bankia online payment system with which we are associated, and which is the only one in possession of the bank details that you communicate to us at the time of payment. When you enter your card number to make your purchases, what you are actually doing is transmitting your bank details directly to our bank, Bankia, which records them on its highly secure server. Said data does not transit through any intermediary, not even through SPIKE, and it is not kept by our technical provider either.

11. Suggestions, complaints and claims

Users of the website www.jo-sephine.com may send us their suggestions, complaints and claims through the website itself, by sending an email to shop@jo-sephine.com or by post to SPIKE, Calle Conde de Peñalver 43, 1º Left 28006 Madrid - Spain.

12. Legal notice, privacy policy and data protection

SPIKE informs the buyer that acceptance of these General Purchase Conditions implies acceptance of the conditions described in the legal notice and privacy policy incorporated at the bottom of each page on our website.

Notwithstanding the foregoing and in compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, and by Law 34/2002, of July 11, on Services of the Society of Information and Electronic Commerce, the buyer is informed that when making purchases through our website, he declares to have been informed and gives his consent for his personal data to be included in our data phase, previously notified to the Spanish Agency of Data Protection, for which Spike Clothing, SL (SPIKE) is responsible, and are used for the proper maintenance, development, compliance and control of the contractual relationship with the client, for the delivery of the order or purchase made and the services that you request, as well as to send you by post, email or other equivalent electronic means of communication (sms, mms, fax, etc.) commercial information about our products, offers and news in the field of the textile, accessories and costume jewelery sector.

In any case, the client can express his refusal to send the commercial information indicated in the previous paragraph, by sending us an email to shop@jo-sephine.com .

The files, premises and treatment systems of the company have the necessary security measures of a technical and organizational nature, as required by article 9 LOPD and Title VIII RLOPD to guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access.

Likewise, we inform you that you can exercise the rights of access, rectification, cancellation and opposition that are expressly recognized by the LOPD by means of a written and signed request addressed to SPIKE by sending an email to shop@jo-sephine.com , accompanying in any case a photocopy of your ID. In case of modification of your data, you must notify it at the same address, declining all responsibility for the company in case of not doing so.

Use of Cookies

Cookies are small text files that are stored on the hard drive or in the memory of the computer that accesses or visits the pages of certain websites, so that the user's preferences can be known when reconnecting. Cookies stored on the user's hard drive cannot read the data contained on it, access personal information, or read cookies created by other providers.

The website www.jo-sephine.com uses cookies to recognize users and to offer them a better and more personalized service. However, the user can configure his browser to notify him of the receipt of cookies and prevent their installation on his hard drive.

13. Modification of the General Purchase Conditions

SPIKE reserves the right to modify the information and terms of these general purchasing conditions at any time and without prior notice. For this reason, we recommend that users read them each time they access our website and, in any case, whenever they wish to make a purchase, so that they can freely decide if they wish to continue using it and even make purchases.

14. Applicable legislation

The activity carried out through the website www.jo-sephine.com is subject to current Spanish legislation that is applicable, among others, Organic Law 15/1999, of December 13, Protection of Personal Data, Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, Civil Code and Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the Law General for Consumers and Users and other complementary laws.

15. jurisdiction

For any controversy or conflict that may result between the users of the website www.jo-sephine.com and SPIKE, the parties expressly agree to submit in any case to the jurisdiction of the Courts and Tribunals of Spain, being competent those corresponding to the domicile of the buyer.