Condiciones de venta


General Information Products and Services Availability and Substitutions Purchase Process Invoicing Delivery Times Prices and Payment Terms Return and Withdrawal Policy Warranty Liability Force Majeure Industrial and Intellectual Property - Confidentiality Assignment - Subcontracting Suspension - Termination Additional Information Exports Applicable Legislation

General Information

Scope of Application 
The general terms and conditions of service (hereinafter referred to as the "General Conditions") apply to all offers made by Technology Bjumper S.L. (hereinafter referred to as "Bjumper") or any order placed by a Customer (hereinafter referred to as "Customer") with Bjumper, whether in response to a commercial offer from Bjumper (hereinafter the "Contract") for applications and/or services (hereinafter referred to as "Hardware and Software Applications and/or Services").

​These General Conditions govern the hiring of products offered on this websites https://bjumper.com o https://telecocable.com del que es titular Bjumper. 
The purchase of any products entails full and unconditional acceptance of all the General Conditions specified, without prejudice to the acceptance of any Specific Conditions that may apply when purchasing certain products. These General Conditions may be modified without prior notice, so it is recommended to read them carefully before proceeding with the purchase of any of the offered applications and/or services.

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

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

Communications For communications with Bjumper, the Customer can use the following contact methods:

  • Phone: +34 91 277 77 55
  • Email address: marca@bjumper.com. (for any communication, questions related to our applications and services, complaints, or data protection requests). 
  • Postal address: Calle Estaño 6, 28914, Leganés, Madrid (España)

All notifications and communications between users and Bjumper will be effective for all purposes when made through any of the means detailed above.

General Obligations of the Client The Client must promptly provide Bjumper with instructions, authorizations, and work that are not Bjumper's responsibility under the Contract, as well as access to the facilities subject to Bjumper's SERVICES. The Client must have communicated to Bjumper, before the start of the Contract, all the information and documentation necessary for Bjumper to perform the SERVICES covered by this Contract. The Client must comply with the current Occupational Health and Safety Regulations at all times. The Client must inform Bjumper about all the specific conditions of performing the SERVICES related to the facilities (safety regulations for the facilities of the intervention, possible risks arising from the facilities, nearby equipment, etc.) as well as any changes to these conditions. Bjumper may at any time refuse to perform the SERVICES covered by the Contract if it considers that certain conditions of the SERVICES are not met.


Products and Services

Products

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

Likewise, Bjumper reserves the right to withdraw or stop offering any of the products and/or services offered at any time and without prior notice. All this is without prejudice to the fact that the contracting of any of the products and/or services can only be done through the subscription or registration of the user, granted by Bjumper to the interested party a username and a password, which will identify and personally enable them to access the products and/or services.

Once inside https://bjumper.com/ o https://telecocable.com and to access the contracting of the different products and/or services, the user must follow all the instructions indicated in the purchase process, which will imply the reading and acceptance of all the general and specific conditions set out at  https://bjumper.com/ o https://telecocable.com


Availability and Substitutions

For the purchase of products and/or services, Bjumper always attempts to ensure the availability of all its products and/or services; however, in the event that, due to causes beyond Bjumper's control, any of its products and/or services are unavailable, we will communicate this as soon as possible through the means provided by the buyer.


Purchase Process

To make any purchase on https://telecocable.com the Client must be of legal age.

Additionally, the Client must register on  https://telecocable.com through a data collection form in which Bjumper is provided with the necessary information for contracting; data that in any case will be truthful, accurate, and complete about their identity, and that the Client must expressly consent by accepting Bjumper's Policy.

The steps to follow to make the purchase are as follows: The information provided between Bjumper and the Clients and Users of its website will be automatically archived. It is also recommended that the Client print and/or save a copy on durable media of the sales conditions when placing their order.

Invoicing

Along with the order delivery, the Client will receive the Delivery Note for the purchase.
To this end, the Client consents that the invoice is sent electronically to the email address previously indicated to us.

Delivery Times

The estimated delivery time for hardware products is 24-48 hours if they are in stock. If they are not in stock, we will contact the Client and indicate the delivery time. 

  • Any order received during the weekend (Friday from 13:00, Saturday, Sunday, or holidays) will be counted from the day following the holiday.
  • The Client undertakes to facilitate the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual merchandise delivery hours.
  • In case of non-compliance by the Client with this obligation, Bjumper will not be responsible for the delay or inability to deliver the requested order by the Client.
  • Deliveries will be made by courier with home delivery unless there is repeated absence of the recipient or the weight, volume, or characteristics prevent handling by one person, in which case, it will be made at the street door or at the central office of the transport agency.


Prices and Payment Terms

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

  • The final prices along with their characteristics, offers, discounts, etc., are reflected in each of the products and/or services offered on https://bjumper.com/ o https://telecocable.com
  • Prices are understood as net. The applied taxes will be those in force at the time of invoicing.
  • Prices may be revised without prior notice from Bjumper, and adjusted to the current market conditions.
  • In any case, the final cost will be communicated in the electronic purchase process before the formal acceptance.
  • Shipping costs will be notified at the time of purchase and before payment. In case of doubt, the Client can contact Bjumper via email at marca@bjumper.com 
  • In case of payment delay, Bjumper will have the right to claim from the Client a late payment interest as provided in Article 7 of Law 3/2004 of December 29. 
  • Non-payment of a due installment will automatically cause the maturity and enforceability of all amounts owed by the defaulting Client, even if the payment has been arranged through promissory notes or bills of exchange.
  • Repeated non-payment by the client of any service provided by Bjumper will result in the suspension of all contracted services.
  • Additionally, Bjumper reserves the right to suspend the performance of its obligations until full payment of the amounts due and to demand the cost indemnity provided for in Article 8 of Law 3/2004 of December 29.
  • The payment methods accepted by Bjumper for online purchases are: bank transfer, credit card, and Paypal.
  • If the payment delay exceeds 30 days, Bjumper may terminate the contract due to a cause attributable to the Client and at the expense of the Client, after sending a formal notification. Bjumper may assign the credits derived from this contract to banking, financial, and savings entities, without the Client's authorization.

Supply Prices

  • The prices, as well as the payment terms and conditions, will be those specified in the offer/contract. Unless otherwise agreed by the parties, the price is understood as net of taxes that burden the operation. In any case, the payment conditions must comply with the provisions of Law 15/2010, of July 5, amending Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions, without exceeding the maximum terms established therein.
  • All hardware products will be delivered Ex Works.

Service Prices

  • In annual contracts, unless otherwise agreed, the prices are also annual and payable in one installment, on the start date for the first year, and on the anniversary date for the subsequent years, in the payment terms and conditions specified in the offer/contract, and which in any case must comply with the provisions of Law 15/2010, of July 5, amending Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions.
  • The prices will remain payable even if the SERVICES could not be performed for reasons not attributable to Bjumper.


Return and Withdrawal Policy

As established by regulations, the consumer and user will have the right to WITHDRAW from the purchase made, as provided in Articles 107.2 and 108 of RD 1/2007, of November 16, approving the revised text of the General Law for the Defense

  • The withdrawal period is 14 days. To withdraw, 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 acknowledge receipt of the withdrawal to the consumer in a durable medium. Withdrawal means that Bjumper will proceed with the refund of the amount already paid by the customer within a maximum of 14 calendar days, using the same method chosen by the customer for the payment. Once we receive your request, we will contact the customer to provide details of the return
  • If the return is due to an error attributable to Bjumper, all shipping costs for defective products, and if applicable, the new solution, will be borne by Bjumper. Conversely, if the return is due to reasons unrelated to Bjumper, the costs of returning the product and shipping the new product will always be borne by the customer.
  • Returns must always be made in the original packaging. Returns of products that were supplied according to special measurements or configurations requested by the customer will not be accepted.
  • The maximum period for accepting a return is 30 calendar days. For hardware products, this period is counted from the date of dispatch from our warehouse (dispatch note date) to the receipt of the returned merchandise at our warehouse (receipt date). If this period exceeds 30 days, the return will not be accepted. In any case, you must return the item within 4 weeks of receipt, with return costs borne by the customer and under the same conditions as received (According to Article 44 of Law 7/1996, of January 15, on Retail Trade Regulation as amended by Law 47/2002, of December 19).
  • If a return or cancellation of the order is necessary, 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 15/1999 on Data Protection and its Development Regulations with complete confidentiality.

Warranty

The products and/or services through https://bjumper.com/ o https://telecocable.com have a 6-month warranty period from the delivery note date or the minimum required by local legislation. To find out the procedures to follow in case of defects, you can contact Bjumper's Customer Service at +34 91 277 77 55 or via email at marca@bjumper.com.

 To avoid issues with the contracted service, make sure to follow the instructions.

Warranty of INTERVENTION SERVICES

In case of a malfunction in the products and/or services covered by INTERVENTION SERVICES, and provided that such defects are attributable to an error or omission by Bjumper, Bjumper must repair or replace the affected equipment at its own expense. The warranty does not cover shipping costs for hardware products, nor costs related to locating defective elements in software and hardware products/services. 

Defects Covered by the Warranty

Bjumper is committed to remedying any defective operation caused by a design, material, or manufacturing defect. However, this obligation will not apply if: the products and/or services have not been maintained according to Bjumper's instructions, or in the absence of such instructions, according to common practice in the relevant field, or if the defective operation results from failure to follow Bjumper's installation or startup instructions.

The warranty also excludes consumables or spare parts or repair work resulting from normal wear and tear due to use of the MATERIALS, damages or accidents due to insufficient control or use not in accordance with its purpose and/or Bjumper’s instructions, and generally, 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 products and/or services without Bjumper’s express agreement. Bjumper will not provide a warranty on the capability of the products and/or services offered to achieve the goals set by the customer, as long as these goals have not been expressly accepted by Bjumper.

Customer Obligations

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

 

Liability

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

Bjumper will be liable for any damages caused by its Technicians during the execution of the Offer/Contract, as well as for any impossibilities in its execution, provided they are a consequence of facts solely attributable to Bjumper. However, the terms of the offer/contract accepted by Bjumper and the provisions of these General Sales Conditions define Bjumper’s total liability and exclude any other guarantees, whether legal, express, or implied, including without limitation, all commercial warranties and the suitability of the products and/or services for a particular purpose. To the extent permitted by mandatory legal norms, Bjumper’s liability is strictly limited, regardless of the causes or subject matter of the claim, to the net amount of the contract or order that caused the claim, and will not include, in any case, indirect and/or immaterial damages, incidental damages, including, but not limited to, lost profits, loss of income, production, business, or anticipated savings.

The presence of Bjumper’s personnel on the premises does not relieve the customer or their subcontractors from their obligations and responsibilities concerning assembly, testing, and commissioning operations, especially concerning consignments, handling, and safety measures on the premises.

 

Force Majeure

Bjumper is fully released from any commitment regarding deadlines in the event of force majeure occurring at Bjumper’s facilities, its subcontractors, or its suppliers, which interfere with the organization or activity of the company, such as, among others: lockouts, pandemics, strikes, wars, embargoes, fires, floods, tooling accidents, waste of parts in production, interruptions or delays in transportation or supply of raw materials, energy, components, or any event beyond Bjumper’s or its suppliers’ control. If the force majeure event lasts more than thirty consecutive days, the Parties must meet as soon as possible to decide on the continuation of the Contract and, if deciding to continue, the consequences thereof, especially concerning prices and execution deadlines.

 

Industrial and Intellectual Property - Confidentiality

  • Bjumper is under no obligation to provide its product manufacturing plans even if the MATERIALS are delivered with an installation diagram. Designs, documents, and codes sent to the customer, if any, will remain the exclusive property of Bjumper and will be strictly confidential. The technical plans and documents prepared by Bjumper are the exclusive property of Bjumper. They may only be used for the exploitation and maintenance of the MATERIALS delivered by Bjumper within the framework of the Contract.
  • The technology and know-how, whether patented or not, incorporated into the products and/or services, as well as all industrial and intellectual property rights, remain the exclusive property of Bjumper or, as 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 this information to third parties and also agrees to use it solely for the operation of the MATERIALS and maintenance requirements.
  • The terms of use for programs and databases possibly supplied under the Contract are specified in the accompanying licenses. For all program supplies, the customer will benefit from a non-exclusive right to use the program for exploitation on the supplied MATERIALS, excluding any other equipment, and this for the duration of use of the products and/or services. Therefore, the customer may not copy, modify, transfer, or communicate the programs to third parties in any way without Bjumper’s prior written consent. The right to use the programs is limited to the installation site. These programs will remain the intellectual property of Bjumper or its suppliers.
  • Documents, study reports, and audits, and their content, carried out within the framework of the Contract, as well as the intellectual and/or industrial property rights inherent to them, will remain the property of Bjumper..

 

Assignment - Subcontracting

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

 

Suspension - Termination

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

The Contract comes into effect 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 fails to comply with one or more of its obligations and has not remedied such non-compliance within thirty days after receiving a notice for this purpose from the other Party.

If the Contract is terminated for reasons not attributable to Bjumper, the customer must pay Bjumper the price for all SERVICES performed and MATERIALS delivered and all expenses incurred up to the date of termination for products and/or services or SERVICES not yet supplied or executed according to the Contract.

  

Additional Information

  • Bjumper will make efforts to keep the websites  https://bjumper.com/ o https://telecocable.com davailable as efficiently as possible, especially for maintenance, security, or capacity reasons, as well as due to events beyond Bjumper’s control. For example, anomalies in public communication networks, power outages, etc., which may cause brief anomalies or temporary suspension of web products. 
  • Bjumper, as well as its directors and employees, will not be liable, directly or indirectly, in any way, to the Customer or any other person for: errors or omissions in the service, delays, errors, or interruptions in the transmission or delivery of the service, losses, or damages caused by any other reason of non-compliance.
  • SWithout prejudice to other measures, Bjumper may suspend or close your account in case of well-founded suspicions; by conviction, recognition, investigation, or otherwise, that you are involved in fraudulent activity related to the site    https://bjumper.com/  o https://telecocable.com without the need to return the money. As soon as the user notices any illegal or contract-breaching use of the website    https://bjumper.com/  o https://telecocable.com (including the use of pseudonyms or misleading identities), it can be reported via email at    marca@bjumper.com.  Bjumper excludes any liability for damages of any kind that may be due to the transmission, dissemination, storage, availability, reception, obtaining, or access to the products and/or services, and in particular, but not exclusively, for damages that may be due to the breach of 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 illicit advertising as a result of the use of the products.
  • Bjumper is not responsible for damages caused by the malpractice of transport companies, nor for actions carried out in bad faith by users contracting the products and/or services.
  • Bjumper makes every effort within its means to offer the information contained on these WEB pages truthfully and without typographical errors. In the event that a typographical error occurs, at any time beyond our control, it will be corrected immediately. If a typographical error is found in any of the prices shown and a Customer has made a purchase decision based on this error, the Customer will be informed of the error and will have the right to rescind their purchase at no cost..

  

Exports

These general sales conditions will not apply to export transactions for which there are different sales conditions. However, in the event that the supplied hardware products are ultimately exported by the Customer, the Customer will be solely responsible for obtaining any licenses and complying with any export regulations in force in Spain and the country to which the goods are destined

 

Applicable Legislation

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