GENERAL CONDITIONS OF SALE
www.justthecase.be
1. GENERAL INFORMATION
The ownership of this website www.justthecase.be, (hereinafter Website) is held by: JustTheCase SL, provided with NIF: B56649478 and registered in: Central Mercantile Registry Section of Denominations; and whose registration data are: Volume 6422, folio 94, inscription 1 with sheet MA-177936, and whose contact details are:
Contact telephone number: +34 654726948 Contact email: info@justthecase.be
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.justthecase.be) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity that JustTheCase carries out through the Website includes:
Online sale of travel accessories
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of JustTheCase. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by everything mentioned above, so if you do not agree with all of this, you should not use this Website. Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, navigates and/or uses the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable. For all the questions that the User may have in relation to the Conditions, he can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER. The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so all the Conditions established herein are accepted, from the beginning of navigation through the Website, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility will extend to: Make use of this Website only for inquiries and legally valid purchases or acquisitions. Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled and the relevant authorities would be informed. Provide truthful and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website. The User may formalize, at his choice, with JustTheCase the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS Users can buy on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.justthecase.be, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Pass by checkout" Likewise, the User must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified. Next, the User will receive an email confirming that JustTheCase has received his order or request for purchase and/or provision of the service, that is, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being sent. Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from JustTheCase using the contact spaces of the Website or through the contact details provided above. The User acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order for purchase or acquisition materializes the full acceptance and Complete of the particular conditions of sale applicable to each case. Communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of JustTheCase in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free Circulation of this data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. Availability All purchase orders received by JustTheCase through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise in the supply of products or there are no products left in stock, JustTheCase undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, JustTheCase performs the delivery and/or shipping services through: Correos, UPS, SEUR. In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card. Credit cards will be subject to checks and authorizations by the issuing bank, if that entity does not authorize the payment, JustTheCase will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User. Once JustTheCase receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service that is provided in the form and, where appropriate, established place is sent to the User. In any case, by clicking on "Cashier" the User confirms that the payment method used is theirs.
6. Delivery In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe. Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation. If for any reason, which is attributable to you, JustTheCase could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days. If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again. If the User is not going to be at the place of delivery in the agreed time slot, he must contact JustTheCase to arrange the delivery another day. In the event that 30 days elapse since your order is available for delivery, and it has not been delivered for a reason not attributable to JustTheCase, JustTheCase will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned to him, except for the additional expenses resulting from the User's own choice of a delivery modality different from the least expensive method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated. However, the User must keep in mind that the transport derived from the resolution may have an additional cost that may be passed on to him. For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address. The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when JustTheCase receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount to be paid by JustTheCase. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common system of VAT, purchase orders will be located, for delivery and/or provision, in that Member State of the European Union in which the address contained in the purchase order is located and, therefore, the applicable VAT will be in force in that Member State. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be their part. For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and / or service the regulations in force at all times will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be on their part. For more information, the User must go to the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting JustTheCase through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact data provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website. In any case, the User, before clicking on "Pay by checkout", has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise his right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of this data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the Digital rights.
8. RETURNS
In cases in which the User purchased products on or through the owner's Website, he is assisted by a series of rights, as listed and described below: Right of Withdrawal. The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from such purchase within 14 calendar days without the need for justification. This withdrawal period will expire on 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the JustTheCase Website or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, at 14 Calendar days from the day of the conclusion of the contract. To exercise this right of withdrawal, the User must notify JustTheCase of his decision. You can do so, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that JustTheCase makes available to him as a part annexed to these Conditions, however, its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires. In case of withdrawal, JustTheCase will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping modality other than the least expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which JustTheCase is informed of the decision to withdraw by the User. JustTheCase will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, JustTheCase may withhold such refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first. The User can return or send the products to JustTheCase at: Pasaje Victoria 3, 5A, 29680 Estepona. And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which JustTheCase was informed of the withdrawal decision. The User acknowledges that he must assume the direct cost of return (transport, delivery) of the goods, if any are incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical support. In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of Withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that he is aware that, once the contract has been completely executed by JustTheCase, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, in addition to a copy of the purchase invoice. The Model withdrawal form can be downloaded at the following link: https://justthecase.shipping-portal.com/rp/
Return of defective products or error in the shipment. These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact JustTheCase immediately and inform him of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of the same is appropriate. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate. The amount paid for those products that are returned due to a defect, when it really exists, will be refunded in full, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, you will always have the rights recognized in the legislation in force at all times for the User, as a consumer and user. Guarantees. The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the terms legally established for each type of product, responding to JustTheCase, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product. In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by JustTheCase and possess the qualities presented therein; are suitable for the uses for which the products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that they are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and that they will be part of the individual appearance of the product, and will not be a defect. On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his right of legal warranty directly against them during the three years following the delivery of said products. To do this, the User must have kept all the information in relation to the warranty of the products.
9. DISCLAIMER Unless otherwise provided by law, JustTheCase will not accept any responsibility for the following losses, regardless of their origin: Any losses that were not attributable to any non-compliance on your part; Business losses (including loss of profit, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized. Likewise, JustTheCase also limits its liability in the following cases: JustTheCase applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser that is used or others of this nature. JustTheCase will act with the utmost diligence in order to make available to the company in charge of transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road delays, and in general any other in the sector, that result in delays, losses or theft of the product. Technical failures that, due to fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Website for reasons of maintenance or others, which prevent the availability of the service. JustTheCase puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it disclaims responsibility for reasons that are not attributable to it, fortuitous event or force majeure. JustTheCase will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, JustTheCase will also not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. In general, JustTheCase will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, by way of example but not exhaustive: Strikes, lockouts or other protest measures. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. Impossibility of use of trains, boats, airplanes, motor transport or other means of transport, public or private. Impossibility of using public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and JustTheCase will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. JustTheCase will put all reasonable means to find a solution that allows you to fulfill your obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with JustTheCase are electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contract, notification, information and other communications that JustTheCase sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and/or communicate with JustTheCase through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website. Likewise, unless otherwise stipulated, JustTheCase may contact and/or notify the User in their email or at the postal address provided.
11. Resignation
No waiver by JustTheCase of a specific right or legal action or the lack of requirement by JustTheCase of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations. No waiver by JustTheCase of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
12. Nullity
If any of these Conditions are declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. FULL AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and JustTheCase in relation to the object of the sale and replace any other agreement, agreement or previous promise agreed orally or in writing by the same parties. The User and JustTheCase acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to JustTheCase in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation. Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between JustTheCase and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND COMPLAINTS
The User can send JustTheCase his complaints, claims or any other comment he wishes to make through the contact details provided at the beginning of these Conditions (General Information). In addition, JustTheCase has official complaint forms available to consumers and users, and that they can request to JustTheCase at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase contract between JustTheCase and the User, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in the field of consumption and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.