Terms of Use

WEB SITE (hereinafter, ‘Website’), property of OBISPO SA., holder of all rights of industrialization, distribution and national and international marketing of the brand Jazmin Chebar, registered trademarks.

Terms of use apply to all online visitors of website www.jazminchebar.com and the services it provides..

1 Acceptance and Knowledge of the Terms of use

These Terms of use are of mandatory and binding character and apply to all purchases and activities made through the Website. The use of this website implies the knowledge and acceptance of the present Terms of use, and those that OBISPO SA unilaterally dictates or modifies in the future. If you do not agree with the Terms of use, you must refrain from using the Website and/or the services offered by it.-

‘User’ of the website refers to both registered and visitors.-

To allow Users a quicker familiarization with these Terms of use, they may consult the instructions to operate the Website, accessing the icon published in the lower part of the home page.-

2 Modification of the Terms of use.
The presents Terms and Conditions can be substituted or to undergo modifications at any time at the sole discretion of OBISPO SA, without the need for the Users' consent. For ongoing transactions that have begun prior to the implementation of these modifications, the current conditions will remain at the time of their agreement, unless the modifications introduced are more convenient for the User.-

As a sole and valid notification, OBISPO SA will place a notice on the Website informing Users about these changes, for a reasonable time. Notwithstanding the foregoing, Users are responsible for reading these Terms and Conditions each time they enter the Website in order to verify the validity thereof and/or if modifications have occurred.-

3 Service interruption. Responsibility exclusion.
OBISPO SA reserves the right to interrupt, suspend or modify at any time the services offered on this Website, either permanently or temporarily, without requiring any agreement on the part of the Users, or need to provide any prior notice.-

Likewise, OBISPO SA does not guarantee the access or permanent use of the Website, since it may be interrupted due to technical issues unrelated to the signature.-

Notwithstanding the foregoing, if the mentioned suspension or interruption is not due to unforeseeable or force majeure circumstances or issues attributable to the User, OBISPO SA undertakes to fulfill the services that were pending at the time of the suspension or interruption.-

OBISPO SA does not guarantee that the website is free of viruses and any other element that may damage or disrupt the normal functioning of a computer. It is the responsibility and exclusive obligation of the user to have the appropriate antivirus and tools to detect, disinfect and/or prevent any type of element and/or possible damages of this nature.-

OBISPO SA is not responsible for any damages that may occur in the computer equipment of Users or third parties as a result of browsing this website, or for damages direct or indirect, immediate or distant, which could eventually be occasioned by such causes.-

4 Registration
Users can freely browse the Website but must be registered to make a purchase or use the services offered in it.-

Users registration is made by entering the Website, and it has no cost.-

It is mandatory to complete all fields of the form with valid and true information, accurately and precise. For OBISPO SA to maintain a correct functioning of the system, it is necessary that Users keep their data updated. OBISPO SA may proceed to verify the identity of the User and/or the veracity of the data consigned by it.-

OBISPO SA is not responsible for the veracity or accuracy of the data provided by Users. Likewise, OBISPO SA reserves the right to suspend temporarily or definitively Users in case of failure to comply with the Terms and Conditions, as well as to reject registration requests at any time, at their sole discretion and without need of expression of cause.-

Los Usuarios accederán a su cuenta personal (la “Cuenta”) mediante un “nombre de Usuario” y una “clave personal” que deberán escoger. En caso que estos datos sean olvidados por el Usuario, OBISPO SA cuenta con un servicio de ayuda para recuperarlos. Para esto el Usuario deberá hacer “click” en la opción correspondiente e ingresar el e-mail que se proporcionó al momento de la registración. Al finalizar, el sistema le enviará de manera confidencial a esa cuenta su “nombre de Usuario” y la “clave personal”.-

Users will access their personal account (the ‘Account’) by means of a ‘User name’ and a ‘password’ they must select. In case these data are forgotten by the User, OBISPO SA has a help service to recover them. For this, the User must ‘click’ on the corresponding option and enter the e-mail that was provided at the time of registration. Then, the system will send confidentially to that account the ‘User name’ and the ‘personal password’.-

Just as OBISPO SA commits to maintain the confidentiality of the data provided by the Users for their registration, Users commit to maintain the confidentiality of their ‘User name’ and ‘personal password’.

In accordance to what is expressed in the previous paragraph, Users are responsible for the use of their ‘User name’ and ‘personal password’ and must keep in mind that if that if other people have or may have in the future access to the e-mail account entered as their own in the ‘Registration Form’, they may also request and/or get to know their ‘User name’ and ‘personal password’. It is the exclusive obligation of the User to take the pertinent measures to avoid this from happening. The User commits to immediately and irrefutably notify OBISPO SA of any unauthorized use of his/her 'User name' and / or 'personal password', and to keep it unscathed in the event of this causing any damage to OBSIPO SA or third parties.-

Entered data can be modified by the User when he wishes it.-

The User can browse the Website of OBISPO SA by going through any of its sections and choose the Product that is interested in acquire. All articles are identified by reference, image, description, sizes, available colors, composition and price. However, photographs may show color variations in relation to the articles depending on the calibration of their monitor.-

To make a purchase through the Website of OBISPO SA, the User must choose the product they want and add it to the 'shopping cart'. Once you selected all the Products you wish to acquire, you must click on the ‘Buy’ button to visualize the summary of the order, where the total amount will show. Corroborate the data of the Purchase Order and press the button 'Finish Purchase'. Once you pressed it, and in the case that the User is not yet registered, you must enter the data where 'Register' is indicated. If you have already made purchases on the Website of OBISPO SA, you must enter the e-mail account and password in the corresponding spaces as indicated on the Website. Within this space the system will recognize this registration and will display on the screen your personal data, your order information, your date of purchase and the form of payment you wish to select.

To make a purchase through the Website of OBISPO SA, all users must register. The information provided will be stored in the OBISPO SA database in order to make your next purchases easier and faster. In addition, Users who request it will receive by e-mail and/or via post mail information and publications of OBISPO SA.

5 Capacity
To use the services of the Website, you must have the legal capacity to contract. Civilians who are incapacitated, who have been suspended or disabled, or minors will not be able to purchase products on this Site. The parents, guardians or persons responsible for minors or incapacitated persons who use the Website will be responsible for said use, including any charge, billing or damage that may arise from it.-

6 Personal data privacy policy. Security and treatment
In order to use the Website efficiently and safely, Users must provide certain information, including their name and last name, address, e-mail account, and ID number. Without this information it is not possible to provide the services. For this reason, it is required that the data be true and accurate. The data collected in the corresponding forms will be incorporated into the general customer base of OBISPO SA.-

OBISPO SA is a corporation registered in the National Registry of Database, dependent entity of the National Directorate of Personal Data Protection of the Ministry of Justice, Security and Human Rights. The personal information that Users enter in the Website will be treated confidentially and OBISPO SA. and SUMMA SOLUTIONS will do their best to protect the privacy of those, in accordance with the provisions of law number 25.326. For this, the Secure Socket Layer (SSL) system of Verisign, which encrypts the supplied data and avoids its unauthorized use, will be used to guarantee a safe operation. Notwithstanding the foregoing, the User must take into account that the Internet is not an impregnable means regarding its security.-

When the User enters data and numbers corresponding to a credit card, these are encrypted, thus ensuring that they remain confidential and that we are not seen by unauthorized persons.-

7 Veracity of the information provided
In case that the information or the data provided by the User are not true, the latter will be responsible for the damages that this could arise.-

8 Suggestions and comments
All suggestions and comments made by the User may or may not be taken into account, implemented or adapted by OBISPO SA, with only and exclusive discretion of this Company, without generating any right in favor of such user.-

9 Cookies
The Website can use a tracking system through ‘Cookies’, so that the access to information, when going from page to page, is done more quickly. This also helps in some cases to identify the Users, without having to ask them for the access password repeatedly.-

These Cookies are small files that the visited page sends and are housed in the hard disk of the computer, occupying little space.-

Users are notified that through browser options they may limit or restrict the hosting of these ‘Cookies’ according to their preferences, although it is unadvisable to restrict them completely.-

The System can collect information about your preferences and interests. In the event that this occurs, the information will be used exclusively for statistical purposes, to improve the services provided on the website. Fotter Argentina SRL will apply, to the greatest extent possible, information decoupling procedures so that the owners of the data are unidentifiable.-

10 Availability and price of the products offered
The price of the Products offered on the Website may not coincide with those of the suppliers that stock up OBISPO SA., as well as neither with the variety of products and quantities of existing stock in the premises.


11 Validity of the Promotions
In the event that Product Promotions are carried out, these will be valid for purchases made from the date of commencement of the Promotions, until the established date of finalization. The terms and conditions of the same will be communicated on the Website and will always be subject to the existence in stock of the offered products.-

12 Guarantee. Purchase Limits

The products offered on this Website have been selected from the collection, so they maintain the same quality standards and guarantee as the items destined for sale to the public in the exclusive stores of the Brand.

The tonality of the garments may vary depending on the monitor of the computer, which is why it is not possible to guarantee the authenticity of the actual color of the Product.

14– For operational reasons, Users will not be able to make purchases for an inferior amount than Dollars twenty ($ 20 -). Those Users who are interested in making purchases for a lower amount should contact the Customer Service Department, which will provide them with the corresponding information on how to make the desired purchase.-


16 Payment currency
Users may choose, through the corresponding command, to view the prices of the Products in Argentine pesos, legal currency of the Argentine Republic-

Once the Purchase Order has been completed, and before making the payment, a Final Summary will be provided identifying the item (s) purchased and its total price (including transportation and taxes).-


17 Payment methods
Payments can be made by credit card and/or by the systems enabled by Mercado Pago. Jazmin Chebar can enable other options, to facilitate purchases to their customers.-

Also, the Products can be paid by means of a credit card in installments, as indicated on the Website. The User can see the amount of the fees by clicking on ‘Payment methods’ at the bottom of the webpage.-

All means of payment are subject to the amount being duly accredited and verified by the chosen means. This is selected by the user in the checkout instance to move forward with the transaction.-


18 Payment by credit card
Online payments can be made through the following credit cards: Visa, Diners, Mastercard, American Express. All the information submitted by the User is protected by Pay Pal.

The purchase confirmation with a credit card will be subject to authorization by the banking or financial institution that issues it. -

When paying by credit card, payment will be made in real time through the corresponding financial institution, once the authenticity of the reported data has been verified. Jazmin Chebar uses secure payment systems from leading financial institutions in electronic commerce, with the aim of offering maximum security. The confidential data of the payment is transmitted directly to the corresponding financial institution.-

The security system used by Jazmin Chebar safeguards all data that Users send over the Internet, including any information provided when making a Purchase Order (including your name, address and credit card number).-

Jazmin Chebar reserves the right to check the personal data provided by the client and adopt the provisions it deems appropriate (including cancellation of the order), with the aim of collaborating in the prevention of fraud through the Internet, and so that the merchandise acquired is delivered in accordance with the data contained in the order.-


19 Domestic shipping  Deliveries will be made to the address indicated by the User. The veracity and/or validity of it is the responsibility of the User. Purchase orders will not be delivered in mailboxes (P.O. Box).-

The shipping time depends on the location and distance of the delivery address, the delivery terms and the approval of the payment method. The delivery times indicated in each case are approximate. Shipments are made throughout the Argentine Republic.-

When making a purchase, the User receives an e-mail confirmation saying that the Order has been accepted, together with an Order Number.

In order to ensure maximum efficiency in deliveries, these are made through the DHL courier company. Jazmin Chebar reserves the right to unilaterally modify the courier, company or means of transport, at its sole discretion and without prior notice.-

The approval period varies according to the payment method chosen. In the case of credit cards, the User must verify that the data provided to obtain the authorization is correct.-

The shipping time varies according to the national destination where the delivery is requested.

 


21 - Delivery address
The address where the Product will be delivered is the one indicated by the User in the ‘Address’ field, which may not coincide with his real address. It is the responsibility of the User to complete and carefully review the information related to the delivery, so that the shipment of the purchase is made effectively and on time. No shipments are made to mail boxes (P.O. Box).-

22 - Shipment tracking
The status (‘tracking’) of the order may be consulted at any time on the Website www.jazminchebar.com. Purchase Order number will be required in all cases.

23 Billing
Along with the Product the corresponding invoice will be dispatched, indicating the acquired Products, the payment and method plan, and the currency used for the transaction. In the event that the User wishes to receive the invoice in a different address, they may indicate it in the field corresponding to ‘billing information’ of the Website, and the invoice will be sent by mail to the address indicated.-

24 Cancellation of purchase orders
Notwithstanding what is established in point 16, the User can cancel a Purchase Order, as long as it has not yet been dispatched, in which case they must contact Jazmin Chebar within the first 24 hours of making the purchase through the Website. Once the merchandise is shipped, no cancellation of purchase will be accepted.-

If the order cancellation is for the total amount of the purchase, it will be refunded to the User -if possible- through the payment method selected by the User, or store credit for the same amount will be adjudicated, for it to be used in the purchase of another Product, at the User’s choice.

All the costs demanded by the reversion of the Purchase Order and/or refund of the amounts paid are at the User's expense and will be automatically deducted from the amounts to be reimbursed or credited by.-

25 Prohibitions
Users are strictly prohibited from: a) send files or any type of information whose content is illegal, obscene, abusive, defamatory, libelous or contrary to good morals (this list is merely illustrative); b) send files that contain viruses or any other feature capable of damaging the operation of a computer, the Website or the System; c) use the Website to violate any type of current regulation; d) consign false information at the moment of registering or making a purchase, or any other time when any type of information or personal data is required; e) offer products or services; f) use programs, software or automatic or manual devices to monitor or copy the information or any type of content of the Website without the prior consent of and / or Fotter Argentina S.A.-

26 Declarations
Jazmin Chebar is not responsible for the veracity of the information incorporated into the Website by third parties. Neither is liable if it has been reproduced or communicated directly by the Users of the Website without verification by Jazmin Chebar. If any User is affected by the information referred to in the previous paragraph, they must communicate it to Jazmin Chebar, by e-mail or post mail, in order to proceed to the suppression of it.–

28 Reserved rights. Intellectual property
All rights of this Website are reserved and correspond to Jazmin Chebar.-

The content of this Website, including, but not limited to, text, logos, graphics, and the entire design, as well as its database and software, is owned by Jazmin Chebar or is entitled by Jazmin Chebar to use under license of use granted, and is protected by current national and international legislation on Intellectual Property.–

If the User considers that the Website violates or in any way infringes Intellectual Property rights of third parties, they must notify it to the address indicated in these Terms and Conditions, attaching all the necessary information and documentation that supports the aforementioned.

OBISPO S.A. is the owner of all rights of industrialization, distribution and national and international marketing of all kinds of products under the brand ‘Jazmin Chebar.’, registered trademark in the country and abroad.

29 Legal name and address
OBISPO S.A., registered office: Ciudad Autónoma de Buenos Aires, República Argentina. C.U.I.T. 30-70700670-2.

El contenido del presente Website, incluyendo aunque no limitado al texto, logos, gráficos, y todo el diseño en general, así como su base de datos y software, es de propiedad de  o tiene derecho a usarlo en virtud de licencias de uso otorgadas y se encuentra protegido por la legislación nacional e internacional vigente sobre Propiedad Intelectual.-


30 - Notifications
All notifications and/or communications that must be made regarding the use of the Website under these Terms and Conditions, must be made in writing: (i) to the user: by e-mail, to the e-mail account consigned by the latter, or by certified notification to the address declared on the registration form; (ii) to the Website: www.jazminchebar.com or by means of a reliable notification addressed to the legal address indicated in point 30.-

31 Advertising and Links
When the User "clicks" on advertisements or links from third parties and enters other sites that do not belong to Jazmin Chebar, they will be subject to the terms and conditions of these sites. The User must carefully read their access and use policies.-

Jazmin Chebar does not guarantee the legality, topicality, quality or usefulness of the contents, operations and information communicated, reproduced and/or performed on linked sites of third parties or the absence of harmfulness of such content or services, for which the User exempts Jazmin Chebar of all responsibility for the contents included in the referred sites or the services that are offered or promoted in them.

32 Jurisdiction and applicable Law
These Terms and Conditions are governed without exception and in all its items by the Laws of the USA Republic and will be interpreted according to them. –

33 Legal authority of OBISPO
OBISPO SA. reserves the right to anull or cancel an order fulfilling the payment return to the customer under the same payment method with which the purchase was made and for the same value.-

 

34 OBISPO Billing
OBISPO S.A. only allows ‘B’ type invoices to be issued for purchases made on the site.-

In the event of any difference, disagreement or conflict arising from the interpretation, validity, scope and/or application of these Terms and Conditions, Users must communicate with Jazmin Chebar in a reliable manner, making their claim, in order for the parties to try to arrive to a conciliatory agreement. -

In case it is not possible to arrive at a conciliatory solution, and in order to guarantee consumers full access to Justice, Users may choose and submit their claim to one of the following options and instances:

 
a) National System of Consumer Arbitration of the Ministry of Economy and Production of the Nation. The procedures before this System are free, and it is not necessary to have legal sponsorship. Likewise, the balance between the Parties and the transparency of the process is guaranteed, and the Awards issued by said Court acquire authority of res judicata and are irretrievable (for more information go to http://www.mecon.gov.ar/snac)
 

b) General Directorate of Consumer Defense and Protection of the Government of the Autonomous City of Buenos Aires (for more information go to http://www.buenosaires.gov.ar), or,

c) Ordinary Courts based in the Autonomous City of Buenos Aires, Argentine Republic with competence in the matter. In the event that any of the above options were burdensome or economically unviable for Users domiciled abroad, the Parties, at User’s request, will determine by reciprocal agreement a mutually convenient mechanism in order to adequately and equitably resolve their differences. Autonomous City of Buenos Aires, Argentine Republic,