Terms and Conditions

Terms and Conditions

I. General Aspects

The access and use of this website is governed by the terms and conditions described below, as well as by the legislation applicable in the Republic of Chile and, in silence of those or this, by the generally accepted standards for electronic commerce. Consequently, all visits and all purchases and sales made on this site, as well as their legal effects, shall be governed by these rules and subject to the legislation and standards indicated.

The terms and conditions described herein shall be understood to be part of all purchases and sales that are executed or celebrated through the offer and commercialization systems included in this website between the users of this site, hereinafter also indistinctly as the "Participant/s", "Student/s", "User/s", the "Consumer/s" or the "Client/s", and Jandi Gardiazabal y Cia. Ltda, hereinafter, the "Company", which is the owner and administrator of the website www.jandigardiazabal.com, hereinafter, the "Site".

It is an essential requirement to purchase on the Site the acceptance of the Terms and Conditions. By accepting these Terms and Conditions, the users declare that they have been informed in a clear, comprehensible and unequivocal manner of the same, and that they have had the possibility of storing and printing them.

For all legal effects and, with the purpose that the users of the Site may communicate with the company ("Jandi Gardiazabal y Cia. Ltda."), Mrs. María Alejandra Gardiazabal Schilling, domiciled for these effects in the commune of Vitacura, city of Santiago, is appointed as legal representative. Contact e-mail: hola@jandigardiazabal.com

II. Procedure to make use of the website jandigardiazabal.cl and jandigardiazabal.com The Company will inform, in an unequivocal and easily accessible way, the steps that the Client must follow to acquire the products offered through this site, and will inform him/her via e-mail once the product purchase request is received. This request will go through a process of validation of the Client's data, collection of the products of the order based on the available stock and, finally, the sale will be closed by issuing the corresponding document, which will be sent to the Client together with the dispatch of his order. The mere fact that the User follows the steps indicated for such purposes on this site to make a purchase, is equivalent to accepting that the Company has given effective compliance with the conditions contained in this clause. It will also indicate its postal or e-mail address and the technical means available to the Consumer to identify and correct errors in the shipment or in his personal data.

III. Rights of the Users of this site.

Users shall enjoy all the rights recognized by the consumer protection legislation in force in the territory of Chile, and also those granted in these terms and conditions. The mere visit to this site in which certain goods are offered, does not impose any obligation on Users, unless they have unequivocally accepted the conditions offered by the Company, in the manner indicated in these terms and conditions.

IV. Protection of your personal data.

The personal data provided by the Users may only be used by the Company to perfect sales contracts, receive payments and improve the work of information and marketing of products and services with the Users, and may not be given to third parties unrelated to the Company. The User will always have the right to information, rectification and cancellation of their personal data in accordance with the law.

V. Exchange and return of products.

The Consumer has the right to demand the exchange of a defective product or the refund of the price paid for it in case it presents faults, and its legal or voluntary guarantees, in accordance with the law on protection of consumer rights, by sending an email to hoa@jandigardiazabal.com.

VI. Right of withdrawal.

In sales concluded through this site the Consumer may not withdraw from the contract concluded, unless a particular offer expressly provides for this possibility.

VII. Special obligations of the Company.

For sales made on this site, the Company will inform the User of its e-mail address and the technical means available to the User to identify and correct any errors in the delivery or in its data; and, if the electronic document in which the contract is formalised is filed, how it will be made accessible to the Consumer. These obligations shall be deemed to be fulfilled by the fact that the User follows the steps indicated on the site in order to make a specific purchase.

VIII. Means of payment that may be used on this site.

Unless a different form is indicated for specific cases or offers, the products offered on this site can only be paid for with:

1. Bank credit cards enabled for consumption, issued in Chile. The use of such cards shall be subject to the provisions of these Terms and Conditions and, in relation to their issuer, to the provisions of the respective Opening Contracts and Rules of Use. In case of contradiction, what is expressed in the latter instrument shall prevail;

Redcompra cards enabled for consumption, issued in Chile. The use of the aforementioned cards shall be subject to the provisions of these Terms and Conditions and, in relation to their issuer, to the provisions of the respective Opening Contracts and Rules of Use. In case of contradiction, what is expressed in the latter instrument shall prevail;

3. Bank debit cards authorized for consumption, issued in Chile. The use of the aforementioned cards shall be subject to the provisions of these Terms and Conditions and, in relation to their issuer, to the provisions of the respective Opening Contracts and Rules of Use. In case of contradiction, the provisions of the latter instrument shall prevail;

Furthermore, in the case of bank credit and debit cards accepted on this site, the aspects related to them, such as the date of issue, expiration, quota, blocking, etc., shall be governed by the respective Opening Contract and Rules of Use, in such a way that the Company shall have no liability in any of the aforementioned aspects. The site may indicate certain purchase conditions according to the means of payment used by the user.

4. Paypal: The use of the referred cards will be subject to what is established in these Terms and Conditions and in relation to Paypal, to what is agreed in the respective Opening Contracts and Regulations of Use. In case of contradiction, what is expressed in the latter instrument will prevail;

IX. Validation of data for purchases in jandigardiazabal.cl and jandigardiazabal.com

For security policies, in case of any irregularity in the transactions made by Users through this site, the Company may contact Customers by telephone or email, in order to corroborate their data and try to avoid possible fraud. In case of not being able to establish contact with Customers within twenty-four hours after the purchase has been made on this site, the purchase order will be rejected.

X. Formation of consent in contracts concluded on the site.

On this site the Company will offer Users certain goods, which may be accepted by them electronically, with the mechanisms that the same site offers for it. The acceptance of the offer by the User will be binding for the Company as long as it confirms the transaction, for which it will verify:

1. That, at the time of acceptance of the offer, it has the species in stock;

2. That the data registered by the Client on the site coincide with those provided at the time of acceptance of the offer;

3. That the means of payment offered by the User is validated and accepted.

In order to inform the User of this confirmation, the Company shall send a written confirmation to the same e-mail address registered by the User accepting the offer, or by any other means of communication that guarantees due and timely knowledge of the Consumer, which shall be previously indicated on the same site. Consent shall be deemed to have been given and the transaction shall be binding on the parties from the time the written confirmation is sent to the User in the manner and at the place where it was sent.

XI. Dispatch of products.

The products purchased on this site will be subject to the conditions of dispatch and delivery chosen by the User and available on the site. The information of the place of shipment is the sole responsibility of the User.

All products with the warning "Delivery only in the Metropolitan Region" will not be shipped to regions.

XII. Scope of the offers contained in this site.

The prices offered will be available as long as they appear on the site. The Company may modify the information given on this site, including those referring to merchandise, prices, stock and conditions, at any time and without prior notice, until it receives an acceptance from the Consumer, which will bind the Company, provided that such acceptance has been confirmed by the Company in accordance with the procedure indicated in number X above.

XIII. Promotions.

In promotions consisting of the free or discounted delivery of one product for the purchase of another, the delivery of the good that is delivered free of charge or at a discounted price will be made at the same place where the purchased product is delivered, unless the purchaser requests, when accepting the offer, that the products be sent to different addresses, in which case he/she must pay the value of the delivery of both products. It will not be possible to participate in these promotions without acquiring all the products included in them together.

XIV. Responsibility for links.

The Company declines any responsibility for the information provided in other web pages linked to this site. The Company does not control or exercise any type of supervision when including the link in them, assuming that their contents comply with the legislation in force and applicable in each case.

However, the use of links to other sites does not in any way imply responsibility for or appropriation by the Company of the content of the same. The Company does not carry out any work with respect to the supervision or approval of the contents and information that are carried out in such pages. We advise visitors to such sites to exercise caution and to consult the terms and conditions posted on such sites. The Company shall not be liable for any damages that may be related to the operation, availability and continuity of the linked sites.

XV. Intellectual and Industrial Property.

The texts, images, logos, distinctive signs, sounds, animations, videos, source codes and other contents included in this site are the property of the Company, or the Company has, where appropriate, the right to reproduce them and, in this sense, they constitute assets protected by the intellectual and industrial property legislation in force and applicable.

Any transmission, distribution, reproduction or storage, in whole or in part, of the contents stored on this site is prohibited without the express prior consent of the owner thereof. However, Users may carry out the reproduction or storage of the contents of the site for their exclusive personal use, being expressly and strictly prohibited the reproduction of elements or contents of the site, made for profit or commercial purposes.

XVI. Jurisdiction and jurisdiction and applicable law.

Any controversy arising between the Users and the Company in relation to the interpretation and fulfillment of the present general terms and conditions, and to the purchases and sales that these parties celebrate by virtue of them, will be submitted and solved by the Ordinary Courts of Justice of Santiago, to whose jurisdiction and competence the Users and the Company expressly submit themselves. Likewise, for all legal effects that may be applicable, these terms and conditions shall be governed by the laws of the Republic of Chile that may be applicable in each specific case.