1. LEGAL NOTICE
The website https://janeworld.eu (hereinafter: the “Website”) is owned by the firm JANÉ, S.A. (hereinafter: “JANÉ” or the “Company”), a Spanish company domiciled at Calle Mercaders 34, Polígono Industrial Riera de Caldes, 08184 Palau-solità i Plegamans (Barcelona), holder of CIF (Código de Identificación Fiscal – Tax Identification Code) A-08234999, and entered in the Barcelona Business Register, volume 5196, folio 1, section 2, sheet 14759, entry 10.
The Company makes the Website available to internet users so that the latter can get to know the products offered by the Company and purchase them if they so wish, as well as make contact with JANÉ.
2. PURPOSE AND SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS
3. ACCESSING THE WEBSITE
Through the Website, JANÉ offers Users the opportunity to use its online shop to purchase JANÉ-brand products easily and comfortably.
JANÉ offers the aforesaid services for mainland Spain, the Balearic Islands, and the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Czech Republic.
Access to the Website is free of charge, except for the part relating to the cost of connecting over the telecommunications network supplied by your internet service provider.
Users who access the Website declare that they are of adult age, and that they have the legal capacity required to acquire the products offered on the Website in accordance with these General Terms and Conditions, which they also declare that they understand and accept in full.
Users can browse the Website freely and access as often as they wish. Similarly, Users can browse the Website without the need to log in or to create an account. Equally, Users do not need to log in by creating a personal account in order to acquire the products offered on the Website.
4. WEBSITE – CONDITIONS OF USE
As a Website User, you undertake to use the Website in accordance with these General Terms and Conditions, in good faith, and in accordance with current legislation. Similarly, Users state and declare that they are of adult age.
It is strictly prohibited for persons who are minors to purchase products over the Website. In that respect, JANÉ reserves the right to check the accuracy of the details provided by Users, particularly their age. The Company shall not accept any liability in respect of persons who fail to comply with these General Terms and Conditions and applicable current legislation, or who may be minors.
Similarly, it is strictly prohibited for Users of the Website to make any use that is fraudulent, abusive, unlawful, or contrary to good faith.
In any case, Users must not:
- Reproduce, distribute, communicate publicly, transform, or modify the Website or any of its content, including these General Terms and Conditions, regardless of the purpose of that use, without prior written authorisation from JANÉ.
- Introduce into the Website data programmes that are likely to cause damage to computer systems belonging to JANÉ, its suppliers, or third parties.
- Carry out any type of activity that is unlawful, fraudulent, contrary to these Terms and Conditions, current legislation, and / or good faith, and / or that hinders the proper use of the Website or its content.
- Insert into third-party webpages, platforms, fora, chat networks, blogs, or social networks, any type of link that enables the Website or its content to be reproduced or to be linked to the aforesaid third-party websites, platforms, fora, chat networks, blogs, or social networks, that may be contrary to law, offensive, or contrary to human dignity, fundamental rights, or the Company itself, and / or that are likely to be considered criminal.
- Introduce and / or disseminate on the Website content that attacks human rights and the dignity of persons, such as content that is racist, xenophobic, or pornographic content, or that justifies terrorism.
5. PURCHASING PROCESS
Purchasing from our online shop is very simple. JANÉ hereby informs Users that they can purchase any product through the Website without having to log in to it.
In order to purchase any of the products, Users must access our online shop through the various product sections that it contains, and select the products they want. Once all the desired products have been selected, Users must complete the details requested in order to process their purchase: invoicing details, despatch address, despatch method, payment information, and order comment.
Once the purchase order has been completed and before the order is despatched, a summary will be presented showing the item purchased, its total price (including carriage and taxes), and despatch details. The order must be confirmed by clicking on the button marked “Complete Purchase”.
When providing the details requested in the purchasing process on the Website, fields that must be completed will be marked with an asterisk to make them clearly identifiable by the User. Similarly, details that the Website identifies as being completed wrongly, incorrectly, or incompletely and that are required to complete the process in question shall be requested afresh so that the User can review them, correct them, and provide them again.
As a User, you bear sole liability for providing your details correctly in the online purchasing process on the Website. If you use your user account to make the online purchase, you shall bear liability for maintaining the confidential, personal, and secret nature of the related passwords and registration key. Accordingly, JANÉ hereby reminds you that that you must pay particular attention and care when entering your personal details, especially bank details and details relating to the delivery of the order, and that you must not share with third parties your log-in details and password relating to the user account. You shall bear sole liability for any loss or damage suffered directly or indirectly by JANÉ or third parties under your e-mail, registration key, and / or password.
JANÉ reserves the right to review, hold back, suspend temporarily, and / or cancel permanently on a unilateral basis, without prior notice and without any entitlement to indemnity, any purchase made from the online shop showing signs of use that is fraudulent, unlawful, or contrary to these Terms and Conditions, the law, and / or good faith by the User concerned.
6. REDUCTIONS AND PROMOTIONS
With the aim of building User loyalty, capturing new Users, and promoting specific products, JANÉ can organise various promotions over the Website. Similar, it can establish sales periods or apply discounts to all or part of the products available in the Website’s online shop.
In each case, JANÉ shall set the conditions applicable to the various promotions and under which those promotions can be enjoyed. In any case, JANÉ reserves the right to modify the conditions of any promotion, as well as to review, suspend temporarily, and / or cancel permanently any promotion on a unilateral basis, without prior notice and without any entitlement to indemnity.
7. PRODUCT CHARACTERISTICS AND AVAILABILITY
JANÉ has tried to show product colours as close as possible to reality. However, product colours that appear on screen may be subject to variations depending on the quality of your computer monitor. Accordingly, JANÉ cannot guarantee that the colours shown on your monitor are a truly reflection of reality.
JANÉ also works to ensure that all the products offered on the Website are available to Users at all times. However, it is possible that specific products may be temporarily unavailable or out of stock. If a product is not available on the Website, the Company will indicate the matter, so that Users are informed that it is temporarily impossible to purchase the product in question.
Once a User has made an online purchase, should the product not be available, JANÉ shall contact the User as soon as possible via e-mail to give notice of the situation. The User shall be entitled to cancel the purchase, keep the purchase without the product in question, or select a different product.
JANÉ S.A., in benefit of the development of their products, reserves themselves the right ofmodifying the features and colours of the models shown in this catalogue without previous notice.
The price given for each product on the Website includes VAT, which shall be applied at the rate pursuant to current legislation in Spain. JANÉ shall always give prior indication of the related taxes and despatch costs before the User makes payment.
JANÉ reserves the right to change, at any time, without notice, and on a unilateral basis, the prices of products offered on the Website. However, that modification shall not affect the orders previously placed by the User and in respect of which JANÉ has already issued the related “Confirmation of order” to the User. In any case, the Company shall not be required to supply any product at an incorrect lower price (including after the “Confirmation of order”), if the pricing error is obvious and unmistakeable and if it could have been reasonably recognised by the User and / or the Company.
The Company offers its Users the option to select the destination when starting the purchasing process and viewing the product prices together with the related taxes and special despatch costs included. If the User later changes the delivery address and the destination is modified, the prices shown in the final summary of the order may be changed.
Given that despatch costs vary from one geographical area to another, the prices of products offered on the Website exclude possible costs that may arise depending on the destination of the despatch. In any case, the User can check the despatch cost and conditions according to the destination when selecting the products that are included in the shopping basket. The calculation is done when the despatch address is entered before the User makes any payment.
9. FORM OF PAYMENT
JANÉ offers Users the facility to pay for purchases in the online shops using a credit card, a debit card, or PayPal. During the purchasing process, the User simply selects the chosen form of payment for the order and enters the details requested.
Specifically, JANÉ offers the following forms of payment:
a) Credit or debit card
Transactions over the Website are 100% secure. To process the payment, JANÉ uses a secure server with an encrypted key. All information relating to your credit or debit card is transmitted in encrypted form across the network, and sent directly to the banking entity. The data on your credit card are not held in any database, but are sent directly to the Bank’s PoS (Point of Sale) terminal.
PayPal enables any consumer with an e-mail address to make secure payments over the internet. If Users select that method of payment, JANÉ will redirect them to PayPal’s website, where, if they already have a PayPal account, they can make and confirm payment.
10.1 Delivering orders
JANÉ hereby reminds Users that products offered through the Website are available for despatch only to mainland Spain, the Balearic Islands, and the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Czech Republic.
In the “Address” tab of the purchasing process, Users can select the address at which they wish to receive the order from JANÉ. In order to optimise the delivery process, the despatch address indicated in each case by the User must be an address at which delivery can effectively be made. Accordingly, JANÉ recommends that Users should carefully check the address used for despatch, and that they should always check that despatch details are correct and complete. If the invoicing address is different from the despatch address, the User can specify that on the purchase form by ticking “Send to a different address?” and using a new form to input the despatch address.
JANÉ shall send the Users the products purchased in the online shop, using the address given by the Users on the order form, by the deadlines given from time to time on the Website and, in any case, within:
- 24 to 48 hours of the date of receipt of the “Confirmation of order” issued by JANÉ, for all orders placed in Spanish territory.
- 3 to 5 working days from the date of receipt of the Confirmation of order” issued by JANÉ, for all orders placed in the Balearic Islands.
- 4 to 6 working days from the date of receipt of the Confirmation of order” issued by JANÉ, for all orders placed in the remaining European countries.
JANÉ does not guarantee fulfilment of the aforesaid delivery periods in case of force majeure or of acts committed or omitted by third parties, or if the delivery address given by the User in the purchasing process is incomplete, inaccurate, or incomplete.
Products purchased on the Website are sent to Users through partner firms or courier or transport service providers contracted by JANÉ.
Delivery is deemed complete when the product(s) has / have been made available to the user or to a third party indicated by the latter, or to a third party who justifies have been authorised by the User to take delivery at the despatch destination indicated by the User.
If the User is not present when delivery is made at the address indicated by the User, the haulier shall leave a notice giving instructions on how to arrange a new delivery five (5) days from the first attempted delivery. If, five (5) calendar days after the date of the notice, the User does not contact the haulier to organise a new delivery date, the order shall be returned to JANÉ, and the User shall be liable for the related despatch and return costs.
10.2 Despatch costs
Despatch costs can vary with the value of the order and the territory to which the order is despatched, as selected by the User. JANÉ shall always specify relevant despatch costs before the User makes any payment.
Free delivery for orders of € 65 or over delivered within Spanish territory. Delivery to areas outside Spanish territory will be free for orders of € 100 or over.
11. USER’S RIGHT TO WITHDRAW
The right to withdraw is the User’s right, as a consumer, to withdraw from the contract entered into with JANÉ when purchasing any product in our online shop, without any need to provide a justification, or to suffer a penalty except for the costs expressly set out in these General Terms and Conditions.
A User can withdraw from the purchases made in JANÉ’s online shop within a maximum period of 14 calendar days from the date on which the User, or a third party designated by the User and other than the haulier contracted by JANÉ, takes physical possession of the goods requested.
To exercise the right to withdraw, the User simply informs JANÉ of the matter before the end of the aforesaid period of 14 calendar days, doing so through one of the following means:
Using the form provided on the following Website: Contact
By post to the following address: Calle Mercaders 34, Polígono Industrial Riera de Caldes, 08184 Palau-solità i Plegamans (Barcelona).
In both cases, the communication from the User must contain her / his identification details (full name, address, e-mail address, and telephone contact number), the order number, the order date, and the items that the User wishes to return.
Once the User has informed us of your wish to withdraw from the purchase of products from our online shop, she / he must, at her / his own expense, return the products in question to the following address: Calle Mercaders 34, Polígono Industrial Riera de Caldes, 08184 Palau-solità i Plegamans (Barcelona). The products must be returned without delay, and, in any case, no later than 14 calendar days from the date on which the User notified JANÉ of her /his decision to withdraw from the contract.
JANÉ hereby informs the User that, in the event of withdrawal, the User shall bear sole liability for the costs of returning the products covered by the withdrawal.
The products covered by withdrawal must be unused and entire, as well as being provided with all their labels, packaging, documents, and original accessories. After the product has been inspected, JANÉ will refund the User the amount relating to the returned product within a maximum of 14 calendar days from receipt of the returned product. JANÉ reserves the right to deduct from the refund amount the sum that is deemed appropriate in light of the condition of the product received.
JANÉ will refund the related amount via the means of payment used by the User to make her / his purchase on the Website. JANÉ reserves the right to withhold the refund owed to the User until (i) it has received the products covered by the withdrawal, and (ii) it has inspected and checked that the product is complete and unused.
If the purchase was made using a promotional code, the refund shall consist of the amount spent after having redeemed the coupon.
JANÉ hereby states that if, at the time of making the purchase, the User chooses a delivery method different from the cheapest form of ordinary delivery, JANÉ shall not be required to refund additional arising from that choice.
12. PRODUCTS DAMAGED DURING TRANSPORT OR WITH MANUFACTURING DEFECTS
The User shall be liable for loss or damage risks affecting the products purchased by the User from JANÉ’s online shop from the time that the courier or haulage company contracted by JANÉ to despatch the products delivers them to the User or to a third party authorised by the latter.
Products are always transported at the risk of partner companies or courier or transport service providers contracted by JANÉ in each case. For that reason, JANÉ strongly recommends that when you receive your order, please check the package containing the products that you have purchased, to ensure that it has not suffered external damage and that its contents have not suffered damage due to inappropriate handling during transport. Upon examining the package and / or its contents, if the User should note that it is damaged or broken, or that it presents any manufacturing blemish or defect, she / he can contact using the Contact form or through her / his user account, and we shall attend to the incident.
Once the User’s incident has been processed, JANÉ will inform the User of the method of collecting or despatching the defective product at no cost to the User.
Each defective or damaged product to be returned must be in an unused condition and must come with all its labels, packaging, and, where appropriate, documentation as well as original accessories that came with it. Once it has been shown that a manufacturing blemish or defects exists in the products sent by the User, JANÉ shall deal with the corresponding manufacturer or distributor to replace that product on a like-for-like basis.
If the product cannot be replaced, JANÉ shall the User of that fact and shall refund the proportion of the payment relating to the product. JANÉ will refund the related amount via the means of payment used by the User to make her / his purchase on the Website.
13. SPECIAL CONDITIONS FOR THE RETURN OF ITEMS SUBJECT TO REASONS OF HEALTH OR HYGIENE
JANÉ hereby informs Users that, pursuant to current legislation relating to consumer and user rights, the right to withdraw does not apply to those contracts that cover sealed products that are not suitable for returning for reasons to do with protecting health or hygiene, and that have been unsealed after delivery. Such products include, by way of example and without in any way being exhaustive, products that come under the categories of Hygiene, Food, and Sleep (Dou Dou with reference 80353 T51/T52/T59, Rattle with reference 20302 T49/T51 and 20307 T49/T51, and Changing Mat Pocket Bag with reference 80191 T48/T50).
Consequently, JANÉ hereby informs you that if you purchase a sealed product from the Website, once you have unsealed it, you will not be able to exercise your right to withdraw in relation to the said product if we are unable to accept its return for reasons of health or hygiene.
14. LEGAL GUARANTEE
The products offered by JANÉ come with the legal guarantee that relates to each product. Accordingly, if the product is non-compliant, consumers have a period of two years from delivery for Users to exercise their rights.
If the product is found to be non-compliant in relation to the characteristics and specifications publicised on the Website, as well as in relation to the functioning and reasonable use of the product as described in the instruction manual, the user must contact JANÉ via the customer-service form provided on the Website or through the internal channel of the user’s account, in order to process the related guarantee subject to verification. The User must provide the details required by JANÉ in each case, in order to identify, understand, and validate the guarantee.
Once the guarantee has been confirmed, JANÉ will, within a reasonable period, offer the customer a suitable solution that is proportionate to the case of non-compliance, i.e. sending spare parts, repairing the product, or replacing the product, in full or in part and free of charge.
If the User should require a product to be reprocessed because it is non-compliant with the confirmed conditions of purchase, the User shall have the option of requiring that the product in question be repaired or replaced, except if one of those solutions should be impossible or disproportionate. If repair or replace is impossible or disproportionate, the Company shall notify the User of the fact so that the latter, at her / his sole choice, require the price to be reduced or the contract to be terminated.
Once the first six months after the invoice date have elapsed, products for repair must be sent with carriage paid by the User. JANÉ reserves the right to check that the defect was caused by a manufacturing error or by improper use. If the product is within guarantee, JANÉ shall refund the cost of carriage to the User, and the Company shall pay for the product to be returned to the User. If the product is out of guarantee, the User shall have to collect the product and pay for transport costs. In any case, consumables such as battery packs, cables batteries, bulbs, fuses, etc., together with accessories, are not covered by the guarantee.
During the period of repair or inspection, the Company shall not replace the product, and no indemnity shall be involved. In any case, the Company reserves the right to ask a technical department to check the origin of the problem relating to the product as claimed by the User. The User shall be liable for the cost of repairs in the event of a defect arising from improper use.
In order to use the guarantee, the User must first inform JANÉ of the matter by using any of the means of communication that the Company makes available to the User. A product will only be accepted for exchange, return, or repair at our head office if that has first been authorised.
The guarantee is intended only for the holder (contracting party) as given in the invoice, and can only be enforced by the guarantee holder.
The guarantee shall cease to have effect in any of the following cases:
- In case of improper use by reason of not following the product’s instruction manual.
- If any of the guarantee’s details or those of the proof of purchase are modified, altered, or replaced.
- Due to wear and tear or other consequences inherent in the normal ageing of the product and arising from the product being used by the User.
- If the device under guaranteed is manipulated or repaired without the knowledge of the Technical Department.
- If it has no invoice.
- In case of power surges, or connection to inappropriate voltage.
The customer shall bear sole liability for the proper use and functioning of products offered on the Website. Under no circumstances shall JANÉ be liable for any inappropriate use of its products and the consequences thereof.
15. CUSTOMER SERVICE
For any query, enquiry, or suggestion, you can contact us using the contact form or by calling the following telephone numbers:
- Spain: 931 76 09 76
- Outside Spain: +34 931 76 09 76
Our customer service is available from Monday to Friday from 9:00 a.m. to 18:00 p.m. (local time in Spain). Telephone calls are dealt with in Spanish, Catalan, English, and French.
16. INTELLECTUAL- AND INDUSTRIAL-PROPERTY RIGHTS
The Website and its content are protected pursuant to current national legislation in matters of Intellectual and / or Industrial Property. JANÉ is the holder of or has licences for all Intellectual- and Industrial-Property Rights relating to the Website and its contents.
It is prohibited to reproduce, distribute, publicly communicate, transform, make available, and in general, carry out any other operational act, whether or not for commercial purposes, in relation to the Website and its contents, without the Company’s express prior permission.
JANÉ reserves all Intellectual- and Industrial-Property Rights in relation to the Website and its contents. In no case and under no circumstances do accessing or browsing the Website constitute or mean a transfer of any type by the Company of the Intellectual- or Industrial Property Rights relating to the Website or its contents.
If the User reproduces, disseminates, publishes, shares, or sends any content in or through the Website, she / he warrants to JANÉ that she / he is the lawful holder thereof, or that she / he holds the image rights, Intellectual-Property Rights, and / or Industrial-Property Rights, or any others needed for the content to be used, reproduced, or communicated publicly. Similarly, if you reproduce, disseminate, publish, share, or send any content, regardless of its nature or content, in or through the Website, you transfer to JANÉ, free of charge, in relation to the said content, on a non-exclusive and worldwide basis, until the works enter the public domain and irrevocably, all intellectual-property operating rights in all their forms, including the entitlement to sublicence the said rights to third parties.
17. LIABILITY REGIME
The User must use the Website and its contents in accordance with these General Terms and Conditions, current legislation, and good faith. It is expressly forbidden to use the Website or its contents in any way that is contrary to these General Terms and Conditions, the law, or good faith, regardless of whether or not that use is for a commercial purpose.
The User shall be liable for any loss or damage caused to JANÉ or to third parties and arising from any use that the User may make of the Website and its contents that is contrary to these General Terms and Conditions, the law, morals, public order, or good faith.
JANÉ requires services provided by third parties for the Website and its contents to be accessible. It is possible that, in spite of the efforts made by the Company to keep the Website available and accessible, its availability may be suspended, interrupted, or cancelled for reasons outside JANÉ’s control. Accordingly, JANÉ does not guarantee the absence of interruptions or errors affecting access to the Website or its contents, or that the latter will be up to date and shown in their latest version. Consequently, JANÉ declines any liability for loss or damage that the User may suffer as a result of suspension, interruption, lack of continuity, network failure, or disconnection affecting the Website.
In no case and under no circumstances will JANÉ accept liability for the loss or damage that the User may suffer due to causes that are not attributable to the Company, such as, but not limited to, natural catastrophe, situations of force majeure or extreme urgency, harmful components, browser malfunction, computer breaches, or attacks by third parties.
Third-party websites, platforms, fora, chat networks, blogs, or social networks that link to the Website must make it clear that they are not authorised or supervised by JANÉ, and that the said link does not involve, presume, or involve any type of association between JANÉ and the third-party websites, platforms, fora, chat networks, blogs, or social networks that link to the Website.
In any case, any link that has the Website as its destination must go directly to the home page of the Website via a click to the URL of the website covering the whole screen of the Website’s home page.
JANÉ shall not, in any case and under any circumstances, accept liability for the content, information, or details relating to the Website, its contents, or any other material that may be contained in the third-party websites, platforms, fora, chat networks, blogs, or social networks that link to the Website.
It is expressly forbidden to link to the Website from third-party websites, platforms, fora, chat networks, blogs, or social networks that are contrary to the law, morals, and decency, especially those that have content that is pornographic, unlawful, or illegal, or that attack human rights.
Conversely, the Website can contain links to third-party websites, platforms, fora, chat networks, blogs, or social networks. In spite of our efforts, JANÉ does not have the human and / or technical means needed to know or to check the information and / or contents that appear on third-party websites. Accordingly, JANÉ shall not, under any circumstances, be liable for the content of linked websites, and under no circumstances can the said links be considered effective knowledge of the content of linked websites.
JANÉ hereby informs Users that an offence of electronic fraud may be committed if the electronic payment system included in the Website is used to purchase the products offered on the Website if one of the following cases arises:
a) False details are given in relation to the purchaser or the number of the card used as a means of payment.
b) Use is made of details of persons other than the purchaser.
c) Usurpation of the status of holder of bank accounts or bank cards belonging to third parties.
d) Card numbers are used that are generated by computer programmes or similar algorithms.
Similarly, JANÉ hereby informs Users that the Website incorporates appropriate safeguards and uses sector-standard technology to improve the security, integrity, exhaustivity, accuracy, and protection of the personal details that it has compiled, and that it has put in place reasonable precautions to protect that information from possible loss or misuse. Its rules on data protection and security are periodically reviewed, and are improved when necessary. Furthermore, an effort is made to ensure that only authorised persons can access information provided by Users.
20. DATA PROTECTION
21. DURATION AND MODIFICATION
These General Terms and Conditions of Sale shall remain in force for the period during which they are displayed to Users on the Website, such that when they are modified or updated in full or in part, the current terms and conditions shall see to have effect, and the new General Terms and Conditions shall regulate use of the Website as well as the relationship between JANÉ and the Users.
JANÉ hereby informs Users hat these General Terms and Conditions can vary with time. Accordingly, JANÉ reserves the right to modify these General Terms and Conditions when that is made necessary due to changes to the Website; corporate changes at JANÉ; financial, operational, operational, or business changes, or changes in JANÉ’s business model and / or changes to legislation or jurisprudence. In the event of modification to these General Terms and Conditions, JANÉ will notify Users of that matter on the Website’s home page, so that Users are duly informed and can refer to the revisions, modifications, or updates to their entire satisfactions.
22. JURISDICTION AND APPLICABLE LAW
23. GENERAL REMARKS
In no case shall the failure of JANÉ to exercise its rights be construed as a waiver of those rights.
The headings contained in these terms and conditions are solely for the purposes of guidance or information, such that they do not affect, qualify, or amplify the interpretation of these terms and conditions.
If any one of the clauses contained in these General terms and Conditions is declared null and void, abusive, or not applicable, in full or in part, by a judicial or administrative body, that declaration shall affect the individual clause in question, which shall be deemed without effect, and with the declaration of nullity, abusive nature, or non-applicability not being extended under any circumstances to the remaining terms and conditions, which shall continue to have effect.
Latest version: 14 April 2020.