Generalities

Scope
The general conditions governing the provision of services (hereinafter referred to as "General Conditions") apply to any offer made by Technology Bjumper S.L. (hereinafter "Bjumper") or to any order placed by a Customer (hereinafter "Customer") with Bjumper, in response or not, to a commercial offer from Bjumper (hereinafter the "Contract") for applications and/or hardware and software services (hereinafter "applications and/or services").

These General Conditions regulate the contracting of the products offered on the website https://bjumper.com/ owned by Bjumper.
The contracting of any products implies the full and unconditional acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Specific Conditions that may be applicable when acquiring certain products. These General Conditions may be modified without prior notice, therefore, it is advisable to carefully read their content before proceeding with the contracting of any of the applications and/or services offered.

Identification In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Bjumper informs:

Its corporate name is: Technology Bjumper, S.L.
Its trade name is: Bjumper
Its VAT number is: B86677416
Its registered office is at: Calle Estaño, 6, 28914, Leganés, Madrid (Spain).
It is registered in the Mercantile Registry of Madrid: Mercantile Registry of Madrid T30822, F 215, S 8, H M 554721, I/A I.

For communications with Bjumper, various contact methods are available to the Customer:

Phone: +34 91 277 77 55
Email address: marca@bjumper.com. For any communication, questions related to our applications and services, complaints, or requests regarding data protection.
Postal address: Calle Estaño 6, 28914, Leganés, Madrid (Spain)
All notifications and communications between users and Bjumper will be effective, for all purposes, when made through any of the aforementioned means.

If Bjumper believes that certain conditions of the SERVICES are not met, notifications and communications between users and Bjumper will be effective, for all purposes, when made through any of the aforementioned means.

General Customer Obligations The Customer must promptly provide Bjumper with the instructions, authorizations, and work that is not the responsibility of Bjumper under the Contract, as well as access to the facilities that are the subject of the SERVICES provided by Bjumper. Before the start of the Contract, the Customer must have communicated to Bjumper all the information and documentation necessary for the execution by Bjumper of the SERVICES object of this Contract. The Customer must comply with the Occupational Health and Safety Standards in force at all times. The Customer must inform Bjumper of all the specific conditions for the execution of the SERVICES related to the facilities (safety standards of the intervention facilities, possible risks derived from the facilities, nearby equipment, etc.) as well as any changes in these conditions. Bjumper may reject the execution of the SERVICES object of the Contract at any time if it considers that certain conditions of the SERVICES are not met.

Applications and Services

Applications

Bjumper reserves the right to decide, at any time, the applications and/or services offered to clients. Thus, Bjumper may, at any time, add new applications and/or services to those currently offered.

Likewise, Bjumper reserves the right to withdraw or stop offering, at any time and without prior notice, any of the applications and/or services offered.
All of this does not affect the fact that the contracting of any applications and/or services can only be done through the subscription or registration of the user, provided by Bjumper, granting the interested party a username and password that will personally identify and enable them to access the applications and/or services.

Once inside https://bjumper.com/ and to access the hiring of different applications and/or services, the user must follow all the instructions indicated in the purchasing process, which will imply reading and accepting all the general and specific conditions set out at https://bjumper.com/

Availability and Substitutions

For the purchase of applications and/or services, Bjumper always strives for the availability of all its applications and/or services. However, in the event that, for reasons beyond Bjumper's control, any of its applications and/or services is not available, we will communicate this as soon as possible through the means provided by the buyer.

Purchase Process

To make any purchase at https://bjumper.com/ it is necessary for the client to be of legal age.

Additionally, the client must register at https://bjumper.com/ through a data collection form providing Bjumper with the necessary information for the contracting; information that, in any case, must be truthful, accurate, and complete regarding their identity, and the client must expressly consent to it by accepting Bjumper's policy.

The steps to follow for making the purchase are as follows: The information provided between Bjumper and the clients and users of its website will be archived automatically. It is also advisable for the client to print and/or save a copy in a durable medium of the sales conditions when placing an order.

Billing

Along with the order shipment, the client will receive the delivery note for the purchase. For this purpose, the client agrees that the invoice will be sent to them in electronic format to the email address previously provided.

Delivery Times

The estimated delivery time for hardware applications and/or services will be 24-48 hours, in case they are in stock. If they are not in stock, we will contact the client and inform them of the delivery time.

Any order received during the weekend (from Friday after 13:00, Saturdays, Sundays, or holidays) will be counted from the next day after the holiday.
The client agrees to facilitate the delivery of the requested order by providing a delivery address where the requested order can be delivered during the regular business hours for goods delivery.
In case of non-compliance by the client with this obligation, Bjumper will have no responsibility for the delay or impossibility of delivering the requested order.
Shipments will be made by courier with home delivery unless the recipient is repeatedly absent or, due to its weight, volume, or characteristics, it cannot be handled by a single person, in which case it will be delivered to the door or at the transport agency's central location.

Prices and Payment Conditions

The prices of applications and/or services listed on https://bjumper.com/ will be expressed in the local currency in areas where online sales are active unless stated otherwise and are guaranteed during their validity, except for printing errors, and regardless of the destination of the order.

The final prices along with their features, offers, discounts, etc., are reflected in each of the applications and/or services https://bjumper.com/
Prices are understood as net. Taxes applied will be those in force at the time of billing.
Prices may be revised without prior notification by Bjumper, adjusting them to current market conditions.
In any case, the final cost will be communicated during the electronic purchase process before formal acceptance.
De cualquier modo, el coste final será comunicado en el proceso de compra electrónica antes de que éste formalice su aceptación.
Shipping costs will be notified during the purchase and before payment. In case of doubt, the Customer can contact Bjumper via the email address marca@bjumper.com
In the event of payment delay, Bjumper is entitled to claim from the Customer a late interest as stipulated in Article 7 of Law 3/2004 of December 29.
Non-payment at the due date will automatically result in the maturity and enforceability of all amounts due by the defaulting Customer, even if the payment has been made through bills of exchange or promissory notes.
Repeated non-payment by the customer of any service provided by Bjumper will lead to the suspension of all contracted services.
Additionally, Bjumper reserves the right to suspend the execution of its own obligations until full payment of the amounts due and demand compensation for costs as provided in Article 8 of Law 3/2004 of December 29.
Accepted payment methods by Bjumper are: Bank transfer, credit card, and Paypal.
In case of a delay in payment exceeding 30 days, Bjumper may terminate the contract due to the Customer's fault, and at the Customer's expense, after sending formal notification.Bjumper may assign the credits derived from this contract to banks, financial institutions, and savings banks without the need for Customer authorization.

SUPPLY PRICES

The prices, as well as the payment conditions and terms, will be specified in the offer/contract. Unless expressly agreed by the parties, the price is understood as net of taxes on the transaction. In any case, payment conditions must comply with the provisions of Law 15/2010, of July 5, which modifies Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions, without exceeding the maximum deadlines established therein.
All hardware products will have the Ex Works delivery condition.

PRICE OF SERVICES

In annual contracts, unless otherwise agreed, prices are also annual and payable at once, on the start date for the first term, and on the anniversary date for subsequent terms, under the conditions and terms specified in the offer/contract, complying in any case with the provisions of Law 15/2010, of July 5, which modifies Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions.
Prices remain payable if the SERVICES have not been able to be performed due to reasons not attributable to Bjumper.

Return and Withdrawal Policy

According to regulations, the consumer and user have the right to WITHDRAW from the purchase made, as provided for in articles 107.2 and 108 of RD 1/2007, of November 16, which approves the text referred to in the General Law for the Defense of Consumers and Users.

The withdrawal period is 14 days. To exercise the right of withdrawal, the withdrawal form must be sent to the email address marca@bjumper.com or to the postal address: Technology Bjumper, SL, Calle Estaño 6, 28914, Leganés, Madrid.

Bjumper will communicate to the consumer in a durable medium an acknowledgment of receipt of said withdrawal. Withdrawal implies that Bjumper will proceed to refund the amount already paid by the Customer within a maximum of 14 natural days, following the same procedure chosen by the Customer for payment. Once we receive your request, we will contact the Customer to provide details of the refund.

In the event that the return is motivated by an error attributable to Bjumper, all shipping costs for defective applications and/or services, as well as, if applicable, the new solution and/or service, will be borne by Bjumper. On the contrary, if the return is due to reasons beyond Bjumper's control, the costs of return and shipping of the new product will always be borne by the Customer
The return must always be made within the original packaging. Returns of applications and/or services that have been supplied according to special size or configuration specifications requested by the Customer will not be accepted.
The maximum period for accepting a return is 30 calendar days. In the case of hardware services and/applications, this period counts from the departure of the goods from our warehouse (dispatch date) until the receipt of the returned goods in our warehouse (receipt date). If this period exceeds 30 days, the return will not be accepted. In any case, the article must be returned before 4 weeks have passed since its receipt, with the return costs borne by the Customer and in the same conditions in which it was received (according to article 44 of Law 7/1996, of January 15, on Retail Trade Regulation modified by Law 47/2002, of December 19).
If it is necessary to make any return or cancel the order, the amount will be refunded through a bank account provided by the Customer. Both personal and banking data will be protected with all security measures established by Organic Law on Data Protection 15/1999 and its Development Regulation with complete confidentiality.

Warranty

Applications and/or services throughde https://bjumper.com/ have a warranty period of 6 months from the delivery note date or the minimum required by local legislation. To know the procedures to be followed in case of defects, you can contact Bjumper's Customer Service at telephone number +34 91 277 77 55 or via email at marca@bjumper.com.
To avoid problems with the contracted service, make sure to have followed the instructions.

Warranty for INTERVENTION SERVICES

In case of malfunction in the applications and/or services on which INTERVENTION SERVICES have been performed, and provided that such malfunctions are attributable to an error or omission by Bjumper, Bjumper must repair or replace the affected equipment at its expense. The warranty does not cover shipping costs in the case of hardware applications and/or services, nor the expenses related to the search for the defective element in software and hardware applications and/or services.

Defects Covered by the Warranty

Bjumper undertakes to remedy any defective operation caused by a defect in design, materials, or manufacturing. However, this obligation will not apply if the applications and/or services have not been maintained in accordance with Bjumper's instructions or, in the absence of such instructions, in accordance with the most common practice in the relevant field, or if the defective operation results from the Customer's failure to comply with Bjumper's instructions for installation or commissioning.

Also excluded from the warranty are consumables or spare parts or repair work resulting from normal wear and tear of the MATERIALS, damage or accidents due to insufficient control, or use that does not comply with its purpose and/or Bjumper's instructions, and, in general, any incident for which Bjumper is not responsible. The warranty will not apply if changes or additions are made by the Customer to Bjumper's applications and/or services without the express agreement of Bjumper.

Bjumper will not provide a warranty on the ability of the applications and/or services offered to achieve the objectives set by the Customer for these, from the moment such objectives have not been expressly accepted by Bjumper.

Customer Obligations

To benefit from this warranty, the Customer must inform Bjumper of the defects attributed as soon as the defective operation of the applications and/or services becomes apparent and provide all documents justifying such defective operation.

Responsibility

Bjumper may suspend, withdraw, or partially or totally cancel products subject to hiring at any time and without prior notice. The above provision will not affect products reserved for registered users or subject to prior contracting, which will be governed by their general conditions.

Bjumper will be responsible for damages eventually caused by its Technicians during the execution of the Offer/Contract, as well as in case of impossibility of its execution, provided that they are solely attributable to Bjumper. However, the terms of the offer/contract accepted by Bjumper and the provisions of these General Sales Conditions define the total liability of Bjumper and exclude any other warranty, whether legal, express, or implied, including without limitation all commercial warranties and fitness for a particular purpose. To the extent permitted by mandatory legal regulations, Bjumper's liability is strictly limited, regardless of the causes or the object of the claim, to the net amount of the contract or order that has given rise to the claim, and will not include indirect and/or immaterial damages, incidental damages, including, by way of example, loss of profits, loss of income, production, business, or expected savings.

The presence of Bjumper's personnel on the premises does not release the Customer or its subcontractors from their obligations and responsibilities regarding assembly, tests, and commissioning operations, especially lockout, handling, and safety measures in the installations.

Force Majeure

Bjumper is automatically released from any commitment regarding deadlines in the event of force majeure occurring in Bjumper's installations, its subcontractors, or its suppliers, interfering with the organization or activity of the company, such as, among others: company closure, pandemic, strike, war, embargo, fire, flood, equipment accident, waste of parts in the course of manufacture, interruption or delay in the transport or supply of raw materials, energy, components, or any event beyond Bjumper's or its Suppliers' will. If such a force majeure event were to last more than thirty consecutive days, the Parties must meet as soon as possible to decide on the continuation of the Contract's execution and, in case of deciding to continue, the consequences that would arise from it, especially regarding prices and execution deadlines.

Industrial and Intellectual Property - Confidentiality

Bjumper is not obligated under any circumstances to provide its manufacturing plans for applications and/or services, even if the MATERIALS are delivered with an installation diagram. Designs, documents, and codes sent to the Customer, if any, remain the sole property of Bjumper and are strictly confidential. The plans and technical documents prepared by Bjumper are the exclusive property of Bjumper. They can only be used for the operation and maintenance of the MATERIALS delivered by Bjumper under the Contract.

The technology and Know-How, patented or not, incorporated into the applications and/or services, as well as all industrial and intellectual property rights, remain the exclusive property of Bjumper or, where applicable, its suppliers. The Customer will only be granted a non-exclusive and non-transferable right to use the MATERIALS, and any information related to them must be considered by the Customer as strictly confidential, including information appearing in delivery documents. Therefore, the Customer agrees not to disclose such information to third parties and also agrees to use it solely for the operation of the MATERIALS and maintenance requirements.

The conditions of use of the programs and databases eventually supplied under the Contract are indicated in the accompanying licenses. For any supply of programs, the Customer will benefit from a non-exclusive right to use the program for operation on the MATERIALS supplied, excluding any other equipment, all during the duration of use of the applications and/or services. Therefore, the Customer may not copy, modify, assign, or communicate the programs to third parties in any way without the prior written consent of Bjumper. The right to use the programs is limited to the place of installation. These programs will remain the intellectual property of Bjumper or its Suppliers.

Documents, study and audit reports, and their content carried out under the Contract, as well as the intellectual and/or industrial property rights inherent therein, remain the property of Bjumper.

Assignment - Subcontracting

The Parties undertake not to assign or transfer all or part of the Contract to a third party without the express and prior agreement of the other Party.

Suspension - Resolution

In the event of suspension of the Contract for a cause not attributable to Bjumper, all expenses incurred by Bjumper for this reason will be fully reimbursed by the Customer upon presentation of the corresponding receipts.

The Contract comes into force on the date and for the term indicated. The Contract may be unilaterally and automatically terminated by one of the Parties if the other Party breaches one or more of its obligations and has not rectified such breach within thirty days after being notified to do so by the other Party by registered mail.

If the Contract is terminated for a cause not attributable to Bjumper, the Customer must pay Bjumper the price of all SERVICES performed and MATERIALS delivered and all expenses incurred until the date of termination for applications and/or services or SERVICES not yet supplied or not executed in accordance with the Contract.

Additional Information

Bjumper will strive to keep the https://bjumper.com/ websites available as efficiently as possible, especially for maintenance, security, or capacity reasons, as well as due to events beyond Bjumper's control. Such as network anomalies, power outages, etc., that may cause brief anomalies or temporary suspension of web products.

Bjumper, as well as its directors and employees, will not be responsible, directly or indirectly, in any way, to the Customer or any other person for: errors or omissions of the service, delays, errors or interruptions in the transmission or delivery of the service, losses or damages caused by any other reason for non-compliance.

Without prejudice to other measures, Bjumper may suspend or close your account in case of well-founded suspicions; for conviction, acknowledgment, investigation, or otherwise, that you are involved in fraudulent activity in relation to the site https://bjumper.com/ without the need to refund the money. As soon as the user notices the illegal or contractually contrary use of the website https://bjumper.com/ (including the use of pseudonyms or deceptive identities), they can report it by email to marca@bjumper.com excluding any liability for damages of any kind that may be due to the transmission, dissemination, storage, availability, receipt, obtaining, or access to the applications and/or services, and in particular, though not exclusively, for damages that may be due to non-compliance with the law, morality, and generally accepted good customs or public order as a result of obtaining, using, or accessing the products, the infringement of acts of unfair competition and unlawful advertising as a result of the use of the products.

Bjumper is not responsible for damages caused by the improper practices of transport companies, nor for actions carried out in bad faith by users contracting the applications and/or services.

Bjumper makes every effort within its means to offer the information contained on these WEB pages as truthfully and without typographical errors. In the event of any such error, beyond Bjumper's control, it would proceed immediately to its correction. If there is a typographical error in any of the prices shown, and any user has made a purchase decision based on said error, Bjumper will notify the user of the error, and the user will have the right to cancel their purchase without any cost on their part.

Exports

These general sales conditions will not be applicable to export transactions for which different sales conditions exist. However, in the case that the hardware applications and/or services supplied are exported ultimately by the Customer, the Customer will be solely responsible for obtaining any license and complying with any export regulations in force in Spain and in the country to which the goods are destined.

Applicable Legislation

The offer/contract will be expressly governed by the current Spanish legislation at that time. In the event of a dispute that cannot be amicably resolved, it will be under the exclusive jurisdiction of the Courts and Tribunals of the city of Leganés, Madrid (Spain). The language used will be Spanish.

Condiciones de venta