TERMS AND CONDITIONS


1. Identification of the owner and general information

These Terms and Conditions (hereinafter, the "Terms and Conditions") regulate the access and use of the Web site https://www.joma-sport.com/ (hereinafter, the "Web Site") owned by JOMA SPORT S.A. (hereinafter, "JOMA"), with NIF A45015872, with address in Calle Ramón y Cajal 134, Portillo de Toledo, 45512, Toledo, as well as the conditions of sale of the products offered by JOMA on its Website.

As a user of JOMA you must fully accept these conditions of use, as well as the different modifications and/or additional legal texts that JOMA may include in the future.


2. Acceptance of the Terms and Conditions of Use and access to the Website

By using the services of the Website, the user accepts these Terms and Conditions, which define the rights and obligations of JOMA Website. These are the only Terms and Conditions applicable to the use of the Website (notwithstanding that for certain services there may be special conditions) and the contracting of orders through the Website and replace any other conditions.

We call "Users" of the Web Site to any person registered or using the Web Site. Any person may register or use the Website provided that they agree to the Terms and Conditions together with all other policies and principles governing the Platform as set out below.

The Services provided on this Website are governed by: (i) these Terms and Conditions; (ii) Particular Conditions that may be published on the Website (iii) current and applicable laws, industry regulations and general criteria and practices. All in accordance with Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the improvement of the implementation and modernization of the rules on consumer protection in the European Union or the law applicable to the place of sale of the Product on the Website.

Access to the Website does not require user registration. However, in order to purchase any of the products offered by JOMA, will require the registration of users and prior verification and acceptance by JOMA, in accordance with these conditions prior to the formalization of the corresponding order.


3. Acceptance of the Special Conditions

Access to certain content and the use of services may be subject to certain special conditions, which, depending on the case, will replace, supplement and / or modify these Terms and Conditions and, in case of contradiction, the terms of the special conditions shall prevail over the General Conditions.

Before using, and/or requesting such specific services offered through JOMA's Website, Users should carefully read the specific conditions created, if any, for this purpose by JOMA. The use, reservation and / or request for such specific services, implies acceptance of the particular conditions governing them in the version published by JOMA at the time of such use, reservation and / or contracting through the Website.


4. Object

This Website has been developed by JOMA in order to offer users the purchase of clothing and accessories for the practice of sports (hereinafter, the "Products").

At the time of choosing the JOMA Products, the user must choose the corresponding Product that is available on the Website. The purpose of these general conditions is to regulate the sale of these Products to users.


5. User Data and Conduct on the Web Site

In order to purchase the products offered through the Website, Users may choose between:

- Pre-registration: The User may register by completing the form hosted on the Website. The required data (name, surname, e-mail address, telephone number) are requested in order to process orders and keep the User informed about the order process.

- Purchase without registering: The User can make a purchase without previously identifying himself/herself. During the purchase process, the User must provide JOMA billing and shipping information necessary to send the order.

The User must verify that their data is correct and complete and inform JOMA when there is any variation and / or modification in the information provided in the purchase process.

It is not allowed to use the Website for fraudulent purposes, or related to criminal offenses or illegal activities of any kind.

It is also prohibited to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of copyright, trademarks or confidentiality, privacy or any other right, or is otherwise harmful or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of "spam" and, in general, any kind of nuisance or unnecessary inconvenience.

The User undertakes to make a lawful, diligent, honest, and correct use of any information or content accessed through the Website, and all this under the principles of good faith and with respect at all times to the law in force.

Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may impair, alter the Website itself and not to introduce or spread computer viruses that may cause unauthorized alterations of the contents or systems of the Website.

In the event that JOMA detects any anomaly or there are reasonable grounds that a User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, JOMA reserves the right to terminate the User, including all those Users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may apply. In this sense, JOMA declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter the general conditions of use of the account by users.


6. Orders and terms and conditions of sale

In order to make a purchase, the User must be over 18 years of age, or otherwise, must have obtained prior authorization from their parents, guardians or legal representatives, who will be responsible for all acts performed through the Website by minors in their care.

JOMA orders to Spain (including the Balearic and Canary Islands), the European Union, and the rest of the world. The countries excluded from shipping are indicated in clause 8 of these Terms and Conditions.

In no event shall JOMA intentionally offer for sale more units than it has available. In the event that the Product is not available after the order has been placed, the User will be informed by email or telephone, offering the possibility to delay delivery or replace the Product with a similar one, or otherwise refund the amount paid.


7. Prices and payment method

All prices of the Products indicated through the Web Site are expressed in Euros and include VAT and any other taxes that may apply. They do not include taxes levied in countries or territories outside the European Union.

JOMA offers several shipping methods, and therefore two different delivery times depending on the country of destination. They do not include the taxes to which they are subject in countries or territories outside the European Union. Shipping rates are applied per order and are provided by the "Transport Agency" depending on the country of destination and type of service.

User must pay the corresponding amount of their order by credit or debit card (Visa, Mastercard,) or PayPal. In the case of orders placed in Spain, the following payment methods will also be accepted: Bizum and Gift Card.

Once the order is formalized, that is, after acceptance of these Terms and Conditions and payment of the order, JOMA will always send an email to the User confirming the details of the purchase made and the corresponding invoice or receipt.

Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.

The prices of the Products listed on the Web may be subject to change. JOMA reserves the right to change prices without notice.

If JOMA identifies a clear error in the price of the Products, it will inform the User and the User will have the option to reconfirm their order at the correct price or, failing that, cancel it. From JOMA, therefore, we will provide the User with the usual customer care channels to choose from, to reconfirm the order at the correct price that we transfer or, if necessary, proceed to cancel it.

Notwithstanding the above mentioned, JOMA may cancel an order even if the price of the Product has already been paid, when it is found that there has been an error in the price of the Product. In that case, the User will be refunded the corresponding price in the same form of payment in which the order was placed.

Also, the User must notify JOMA any undue or fraudulent charge on the card used for purchases, through the "contact" section of the Website, or by sending an email to info@joma-sport.com, in the shortest possible time so that JOMA can make the appropriate arrangements.


8. Information about JOMA's Products and Services

The data included on the Website in the descriptions of the Products are based on information provided by the Suppliers.

It is possible that the Products sent by JOMA may differ from the photographs that appear in the Product sheets that the User buys both in design and color. If this happens you can contact us directly by phone +34 925 776 006 or email info@joma-sport.com.


9. Delivery times, place of delivery and losses

9.1. Product Delivery

JOMA is committed to deliver the Product in perfect condition at the address provided by the User. In order to optimize the delivery, we appreciate the User to indicate an address where the order can be delivered within normal business hours. JOMA delivers its Products from Monday to Friday.

To avoid incidents in the delivery (wrong addresses, inability to find someone at home etc.), it is essential to correctly complete the corresponding form being mandatory to fill in the box relating to the contact phone (recommended that it is a cell phone).

JOMA will not be responsible for errors caused in the delivery when the delivery address entered by the User in the order form does not conform to reality, is false or has been omitted.

Notwithstanding the foregoing, JOMA undertakes to take those measures that are within its power, so that the delivery of orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.

To be precise, JOMA does not ship to the following countries:

·      Andorra

·      Saudi Arabia

·      Algeria

·      Australia

·      Bahrain

·      Belgium

·      South Korea

·      United Arab Emirates

·      The Netherlands

·      Hong Kong

·      Israel

·      Japan

·      Macau

·      Malaysia

·      New Zealand

·      United Kingdom

·      Réunion

·      Russia

·      St. Kitts-Nevis (St. Christopher)

·      Taiwan

·      Ukraine

·      Union Island (St. Vincent and the Grenadines)

·      Cuba


9.2. Delivery and notification period

The estimated times for the preparation of orders placed on the Website, are 24-48 hours (except for internal logistical exceptions) depending on the time of receipt of the same in JOMA's systems. The time required by the transport agency to deliver the goods to the address specified in the order (transit time) must be added to the preparation time.

If the User has made the purchase by bank transfer, the delivery time of the Product will begin to count from the next business day of the confirmation of the deposit of the amount of the purchase in the account of JOMA.

Notwithstanding the foregoing, Users are informed that the stipulated delivery dates are estimates.

JOMA informs you that it will not be possible to send orders to P.O. Boxes.

JOMA will not make deliveries or shipments on Saturdays and Sundays or national or community holidays.

 

In the event that the User can not be located at home, the courier company will try to leave a note on the spot, depending on the type of housing, etc.. indicating where the order is and how to proceed to its collection.

 

JOMA will try to deliver orders in a single shipment whenever possible. JOMA reserves the right to split the delivery of orders if circumstances require it, for example: if part of an order is delayed or unavailable. In the event that JOMA has to split an order, it will notify the User of its intention to do so, by sending a message to the email address provided by the User when placing the order. In this case JOMA will not charge any additional shipping costs.

 

For users outside Spain who would like to purchase any of the Products that appear on the Website, you should consult the rates and countries to which we serve in the Shipping section.


9.3. Delivery diligence

The User must check the condition of the package with the carrier that delivers the requested Product. It is important to be able to have photos for evaluation and subsequent claim to the transport companies.

 

If the User detects any anomaly in the Product, it must be indicated on the delivery note and in turn communicate it to JOMA by email to the following address: info@joma-sport.com

JOMA informs the User that the Transport Agency has contracted insurance to cover the risks of loss, damage or damage to the Product.


10. Returns and recall rights

10.1. Returns due to manufacturing defects.

All Products offered through the website will be completely original, unless otherwise stated in its description. Likewise, all of them will have a warranty period of 3 years from the reception of the product. Such warranty shall be provided by the Supplier.

Taking into consideration that the Website sells Products that typically have a life/use period of less than three years, the Products shall be deemed, in the absence of proof to the contrary, to be in conformity with the contract provided that they meet all of the following requirements: a) They conform to the description provided by the Vendor and possess the qualities of the Product that the Vendor has presented to the user in the form of a sample or model. b) They are suitable for the uses to which the Products of the same type are ordinarily intended. c) They present the usual quality and performance of a Product of the same type that the consumer and user can reasonably expect, taking into account the nature of the Product.

JOMA customers benefit from the warranty given by the various manufacturers of each of the items. Defects or flaws due to incorrect use or handling of the material or wear and tear caused by the use of the same, are not included in this warranty. The decreases in the functionality of the articles, due to the limitations of conception of the same, are also excluded from the coverage of this guarantee.

During the warranty period, the User may return to JOMA, free of charge, any Product that presents a manufacturing defect. To formalize the return, the User must contact JOMA by phone +34 925 776 006 or in the Contact Us section of this website (https://www.joma-sport.com/contacta-con-nosotros), which serves as a withdrawal form / declaration statement, indicating the Product or Products to be returned and a detailed list of the defects found in them. Upon receipt of such communication, JOMA's customer service team will arrange the collection of the defective Product for shipment to its warehouses, at no cost to the User.

In case of defective Product, JOMA will proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the customer. The customer must inform the seller of the lack of conformity within three years of becoming aware of it.


10.2. Recall, Exchanges or Returns.

In the event that the User is not satisfied with the Products received in their order, the User shall have a period of fourteen (14) calendar days to make changes or returns, without penalty and without stating the reasons, JOMA also taking charge of the direct cost of the exchange or return of the order only in the first return of the order, not the cost of subsequent returns of the same order if any.

In any case, the Product must meet the following requirements:

·      The Products have not been used or washed in any way (the User may try on the clothes and footwear without using them for sports purposes, or any use other than the mere act of trying on the apparel);

·      The Product is in its original packaging and in good condition (packaging that has been opened or broken in any way shall be considered to be in poor condition);

·      The Product retains its original labels intact and has not been tampered with;

·      The Product is complete, for example, by returning the two elements that make up a pair.

With respect to the Iberian Peninsula and Balearic Islands, if the User wishes to make an exchange or a return, they must visit the section "Exchanges and Returns" located in the section "My account". Through this section, the User may proceed to exchange or return the Product by following the steps indicated in that section.

To formalize the exchange or return, the User must process the return through the website www.joma-sport.com in the "My account" area. The User must include in the shipment the delivery note that can be downloaded in the "My account" area and that the User receives via e-mail once the return has been processed. Upon receipt of such communication, the JOMA customer service team will communicate your request number and how to proceed to make the exchange or return.

 

In the case of returns of orders sent to the Canary Islands, the User can download our withdrawal form here, which must be completed in addition to continuing with the return process indicated in this clause.

Each product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation and original accessories that came with it. If not proceeded this way by the User, JOMA reserves the right to refuse the return.

Upon receipt of the Product at the facilities and reviewed that the state is adequate, JOMA will proceed to refund the amounts paid that correspond as soon as possible and, in any case, within fourteen (14) calendar days of receipt of the Product in the warehouses of JOMA, in the same form in which the original payment was made. In the event that the return is produced by a change of Product, JOMA will assume the cost of shipping back to the User.

The following return conditions are established for the countries to which JOMA ships and which are indicated below:      


10.2.1 Mexico

The User who has placed an order through the Web has the right to return the products that are defective or do not correspond to your order if so received. The User has a period of fifteen (15) calendar days from the delivery of the order to make claims to the customer service through the telephone (55) 5719 3358 or mail mexicoinfo@joma-sport.com. This period does not constitute any violation of the rights that the User has by Law. In the event that the User's claim is justified, JOMA will reimburse the User for the amount of the defective items or resend the correct items. The time to approve the return request is up to 15 calendar days.

Return of products after delivery - for any reason (other than manufacturing defect or error in the shipped references)

In the event that the User for any reason is not satisfied with the products purchased, the User has a return period of fifteen (15) calendar days from the day of delivery, provided that the products meet the following requirements:

 

·      The products have not been used or washed in any way (the User may try on the clothing and footwear without using them for sporting purposes, or any use other than the mere act of trying on the apparel);

·      The product is in its original packaging and in good condition (packaging that has been opened or broken in any way will be considered to be in poor condition);

·      The product retains its original labels intact without manipulation;

·      The product is complete, for example, returning the two elements that make up a pair;

·      For hygienic reasons we do not accept returns of Underwear and Swimwear.

In case the User wants a product already purchased in another color or size, he/she will be able to make his/her first exchange without shipping cost. If what you want is the refund of the same, they must send the product fulfilling all the above requirements and taking charge of the shipping costs to: Calle Poniente 140, No. Exterior 840, No. Interior 13-C, Colonia Industrial Vallejo, Delegación Azcapotzalco, CP. 02300, Mexico City, Mexico, Tel: (55) 5719 3358, including within the shipment the completed return request that they can download in the following link in PDF format.

If your order suffered any damage during the delivery process you must report it within 24 hours after receiving it from the courier. Call us at (55) 5719 3358 or send us an email to mexicoinfo@joma-sport.com


10.2.2 Italy

Currently, JOMA has an exchange service and a product return service, as set out in these Terms and Conditions. In the event that the User wishes to replace a product already purchased with another product of a different color or size, he/she must bear the shipping costs and send the product according to the conditions set forth in these Terms and Conditions to: Corso Orbassano 215, Turin. Phone: (+39) 011 389726. The user must include in the shipment the completed return form, downloaded from the following link in PDF format. JOMA, for its part, will collaborate with the return costs, taking care of the shipping costs of the replaced product.


10.2.3 For all other countries not mentioned above:

Currently, JOMA enables the product exchange service and product return service as set out in these terms and conditions. In the event that the User wishes to exchange a product already purchased for another product of another color or size, the User must bear the shipping costs and send the product according to the conditions set forth in these Terms and Conditions to: Calle Ramón y Cajal, 134, 45512, Portillo de Toledo (Toledo, Spain) Tel: + 34 925 77 60 06. The User must include in the shipment the completed return request, downloaded from the following link in PDF format. Joma, for its part, is responsible for the shipping costs of the exchanged product, so any exchange depends on the cooperation between both parties.


11. Gift cards

Gift cards will be used as a method of payment in JOMA with the amounts shown in the Product card: www.joma-sport.com/es/tarjeta-regalo

The User must enter the alphanumeric code received through the Joma gift card e-mail just before finalizing the order.

If the purchase is less than the amount of the card, the unspent balance will be accumulated for the next purchase(s).

If the purchase is exactly the amount of the gift card, the balance will be 0€.

If the purchase exceeds the amount of the card, they must pay with another payment method (Paypal, credit or debit card or Bizum) the remaining balance of the purchase.

The balance of the card cannot be refunded or exchanged for money.

However, if the User makes a purchase using the gift card as a payment method and needs to make a partial or total refund of the order, the credit will be made on the gift card, i.e., the balance will be accumulated again on the User's own card.

When making a gift card purchase, no offers or promotions can be applied.

If a User is using the card as a payment method, there is the possibility of adding offers or promotions in case he/she has them.

The cards have no expiration limit, they run out when the balance is 0€.

The User can redeem his gift card both online and in physical store. The latter correspond to: Portillo, Fuensalida, Torrijos, Luz del Tajo, Calle Méjico, Rivas, Alcala, Guadalajara, Zaragoza, Capuchinos, Segovia, Talavera, Cuenca, Leganés, Sagunto, Nassica, Ciudad Real.

The responsibility for the custody and use of the gift card corresponds exclusively to its holder. It will not be replaced in case of theft, loss or damage.


12. Conditions applicable to promotional codes

When used in accordance with its terms and conditions, a promotional code allows to obtain a single discount on the purchase of a single Product or on the order of more than one Product during the period of time indicated in the promotional code.

Promotional codes are personal and non-transferable and can only be used for online purchases through the Website. The User holding a promotional code may not sell, exchange or assign it to anyone. It is not permitted to disclose by any method such promotional code through websites or other means of public offer, gift, sale or exchange. You may not use promotional codes for commercial purposes.

Promotional codes are linked to the JOMA brand. The User may not use the promotional codes with any other brand, company or name, nor is it permitted to use them in an illegal, improper or disrespectful way, or in any other way that damages the reputation of JOMA.

A promotional code can only be used to apply a discount on a specific Product and for a single order. It is not possible to combine promotional codes with each other or with any other special offer or promotion.

It is not permitted to exchange promotional codes for money.

Without affecting any other rights that JOMA may have, JOMA has the right to immediately cancel a promotional code if it suspects that it has been used or is likely to be used in violation of any of the conditions set out above or in any other incorrect way, provided that JOMA deems appropriate.

Some Products are excluded from promotions, such as: official team, federation and committee jerseys; and official racing or club shoes.


13. Intellectual and industrial property

All rights to the content, design and source code of this Website and, in particular, but not limited to, photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by JOMA, who has the exclusive rights to exploit them, or if JOMA has a license or authorization from the authors.

In accordance with current European legislation or that applicable to each country where it sells the Website, it is expressly prohibited the reproduction, transmission, adaptation, translation, distribution, public communication, including its mode of making available, all or part of the contents of the Website, in any form and by any technical means, unless JOMA gives the User express permission to do so.

JOMA does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or any other property or right related to the Website, and in no case shall it be understood that the User's access and navigation implies a waiver, transfer, license or total or partial transfer of such rights by JOMA.

Any use of such content not previously authorized by JOMA will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.


14. Responsibility

JOMA makes no warranty or liability, in any case, for damages of any kind arising from access to or use of the Products or the contents of the Website. Among others, and by way of example and not limited to, JOMA is not responsible for the following circumstances:

·      The loss, damage, retention or delay in the delivery of the order due to fortuitous causes, force majeure or acts attributable to the User.

·      The lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, such as errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of JOMA.

·      The lack of usefulness of the Website or the contents for any service.

·      The content of other Internet pages to which links may be directed or links placed on the Website.

·      The existence of viruses, malicious or harmful programs on the Website.

·      The illicit, negligent, fraudulent, contrary to these Terms and Conditions or good faith, use of the Website or its contents by Users, including any infringement of intellectual property rights and / or industrial JOMA or third parties.

 

In any case, JOMA is committed to solve the problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident. JOMA's liability for any claim shall in any case be limited to the restitution of the amount paid by the User for the purchase of the Product or contracting the service. In this sense, and to the fullest extent permitted by law, the company will not assume any liability for consequential damages, and in particular for any loss, damage, claim, liability, expense, penalty, consequential damages, loss of profits or other concept however and whenever it has occurred.


15. Suggestions and comments

Users may make suggestions and comments provided that the content of the same is not unlawful, inappropriate, obscene, abusive, threatening, false, defamatory, invades the privacy of others, infringes intellectual property rights or is harmful or otherwise objectionable to third parties and whose content does not contain computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of "spam".

Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or e-mail address indicated in these Terms and Conditions.


16. Modifications

The information appearing on this Website is current as of the date of its last update. JOMA reserves the right to update, modify or delete information on this Website, as well as these Terms and Conditions, the privacy policy or any other information. The entry into force of the modifications of the terms and conditions will take place from the time of publication on this Website.


17. Cancellation and effectiveness of the clauses

If any clause included in these Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the rest of the clauses shall remain in force, and such clause, or the part thereof that is affected, shall be deemed not to have been included.


18. Applicable Law and Jurisdiction

These Terms and Conditions are subject to European law or that applicable in the destination where the Product is being sold on the Website. The parties, in accordance with Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards improving the implementation and modernizing the rules on consumer protection in the Union, submit to the Courts and Tribunals of the place of residence of the User.

 

Pursuant to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, JOMA informs that, in case of dispute, Users residing in the European Union may turn to the "Online Dispute Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by JOMA.

The Customer User can access the "Online Platform for Dispute Resolution" through the following link: http://ec.europa.eu/consumers/odr/