GENERAL TERMS AND CONDITIONS OF SALE
OBJECT AND GENERALITIES
In any case, there are pages of the Website accessible to natural or legal persons who do not register or initiate a product purchase (hereinafter, “Users”). In this sense, Users accessing these parts of the Website agree to be bound by the terms and conditions set out in these General Conditions, to the extent that this may be applicable to them.
CONTACT: For any questions, queries or suggestions, please send your comments by email to: email@example.com
All prices of the products indicated through the website include VAT and any other taxes that may apply. However, these prices do not include the costs of shipping the products, which are detailed separately and must be accepted by the Customer.
The pieces are made to order, varying from 3 to 10 days the time of realization. The COMPANY will inform the Client by e-mail of the preparation time. THE COMPANY informs the Client that in the Unique Parts section the number of units available is kept up to date. Under no circumstances will THE COMPANY intentionally sell more units than it has at its disposal.
THE COMPANY will do its best to satisfy all its Customers in the demand of the products. However, on occasions, and due to causes that are difficult for THE COMPANY to control, such as human errors or incidents in the computer systems, it is possible that the amount finally served by the supplier may differ from the order placed by THE COMPANY to satisfy the Customers’ orders.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the customer to cancel the entire order. If as a result of this cancellation the customer wants to return the product delivered must follow the provisions of the section Return.
The Customer undertakes to pay at the time of placing the order. To the initial price that appears on the website for each of the products offered will be added the rates corresponding to the relevant shipping costs. In any case, these rates will be communicated to the Customer in advance before making the purchase.
The ticket or proof of purchase corresponding to the purchase order will be available and can be viewed at www.kimyajoyas.com in the “My Account” section, “Orders”.
The Customer must pay the amount corresponding to his order by means of payment through the Paypal payment gateway, where he can also pay by credit or debit card (Visa, Mastercard, Visa Electron and/or other similar cards).
The Client must notify THE COMPANY of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that THE COMPANY can make the necessary arrangements.
THE COMPANY has the maximum security measures commercially available in the sector. In addition, the payment process runs on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the Customer’s computer and the Website’s computer. In this way, using the SSL protocol guarantees:
1. That the Client is communicating his data to the server centre of the COMPANY and not to any other that might try to impersonate him.
2. That between the Client and the server centre of THE COMPANY, the data is transmitted in encrypted form, avoiding its possible reading or manipulation by third parties.
Once the order is formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, THE COMPANY will always send an email to the CUSTOMER confirming the details of the purchase made.
THE COMPANY will accept cancellations of orders when they are requested prior to shipment. To cancel your order, please fill in the “Customer Service” form or send an e-mail to firstname.lastname@example.org
DELIVERY TIMES, PLACE OF DELIVERY AND LOSSES
Please see HERE for shipping times, shipping prices, returns and other store policies.
I. Delivery of the product
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the Customer on the order form, and which in any case must be included within the Territory. In order to optimise delivery, we thank the Customer for providing an address where the order can be delivered within normal business hours.
THE COMPANY will not be responsible for any errors caused by the delivery when the delivery address entered by the Customer in the order form does not conform to reality or has been omitted.
THE COMPANY informs the Customer that it is possible for the same order to be divided into several deliveries.
II. Delivery Deadline
Shipments will be made through certified post office. Please check HERE for delivery times.
These deadlines are average, and therefore an estimate. They may therefore vary for logistical or force majeure reasons. In cases of delays in deliveries, THE COMPANY will inform its customers as soon as it becomes aware of them.
The shipments have a tracking number that we will provide to the Customer and which can be consulted in case of incidents.
In the event of delays in the delivery of orders attributable to THE COMPANY, the Customer may cancel the order in accordance with the procedure described in Section 11. Return”. Delays in delivery shall not be considered to be those cases in which the order has been placed at the disposal of the Customer by the transport company within the agreed period and has not been delivered for reasons attributable to the Customer.
Once your order has left our warehouse, you will be sent an e-mail notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not accept any order when it is not possible to identify the recipient of the order and his address.
III. Delivery Data, Deliveries not made and Loss
If at the time of delivery the Customer is absent, the Post Office will leave a receipt for the package to be picked up at your nearest office. THE COMPANY will provide you with the tracking number necessary to request the collection. For any other issues, please contact us via email: email@example.com
If after 15 working days from the receipt of the order, the Post Office returns the order to the COMPANY, and the COMPANY is not responsible for the costs of return to destination. In this case, please contact THE COMPANY again to resubmit your order.
IV. Diligence in delivery
The Customer must check the good condition of the package. If, subsequently, after reviewing the product, the Customer detects any incident such as a blow, breakage, signs of having been opened or any damage caused to it by the shipment, it undertakes to communicate it to the COMPANY via email within the shortest possible time, within 24 hours of delivery. From that moment on, no incidents of this kind will be dealt with.
I. Return procedure
All products purchased from THE COMPANY may be returned and refunded, provided that the Customer informs THE COMPANY of his intention to return the product(s) purchased within a maximum period of up to 14 working days from the date of delivery and that the remaining conditions set out in this section are met.
THE COMPANY will only accept returns that meet the following requirements:
1. The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.
2. The shipment must be made using the same box in which it was received to protect the product. In the event that it is not possible to obtain the box with which it was delivered, the Customer must return it in a protective box so that the product arrives at the COMPANY’s warehouse with the maximum possible guarantees.
With the aim of facilitating the return process to the Clients and to be able to make a correct follow-up of the same, THE COMPANY establishes as the only procedure of return the one established by THE COMPANY. If the reason for the return is attributable to THE COMPANY (the product is defective, not the one you ordered, etc.), the amount of the refund will be refunded. If the reason is different (the products were served correctly but are not to your liking), the cost of the return expenses will be borne by the customer.
To proceed with a return, the following steps must be taken:
1. Inform within 14 calendar days of receipt that the product wants to be returned. The information can be sent via email to firstname.lastname@example.org, or through the customer service form.
2. THE COMPANY will inform the customer of the address to which the product should be sent.
3. The customer must send it by certified post. The return must be paid for by the customer.
4. Inform of the courier company used, date and time of return.
II. Refunds to the CUSTOMER
The return of the products will give rise to a refund equal to the cost of the returned products less the cost of the return service.
Only in the event that the product delivered is defective or incorrect, THE COMPANY will also reimburse the Customer for the corresponding shipping costs.
Partial refunds and partial cancellations will result in partial refunds.
THE COMPANY will process the return order under the same system that was used for payment within 3 days from the confirmation of arrival of the returned order. The refund will be made through the same Paypal gateway through which it was paid.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all rights to the content, design and source code of this website and, in particular, but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included on the website.
Clients and Users are warned that such rights are protected by current Spanish and international legislation on intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered to be a computer program, and therefore, it is also subject to all the Spanish and European Community regulations in force on the subject.
The total or partial reproduction of this website, or of any of its contents, is expressly prohibited without the express written permission of THE COMPANY.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialisation, public communication and/or any other action that entails an infringement of the current Spanish and/or international regulations in the field of intellectual and/or industrial property, as well as the use of the contents of the Website is strictly forbidden without the prior express written authorisation of THE COMPANY.
THE COMPANY informs that it does not grant any licence or implicit authorisation whatsoever for the intellectual and/or industrial property rights or for any other right or property related, directly or indirectly, to the contents included in the Website.
The use of the contents of the website is only authorised for information and service purposes, provided that the source is mentioned or referred to, and the user is solely responsible for the misuse thereof.
ACCESS AND STAY ON THE WEB. OUR CONTENTS
Clients and Users are entirely responsible for their conduct when accessing the information on the Web, while browsing it, as well as after having accessed it.
As a result of the foregoing, Customers and Users are solely responsible to THE COMPANY and third parties for:
1. The consequences that may arise from the use, for purposes or effects that are illicit or contrary to this document, of any content of the Website, whether or not prepared by THE COMPANY, whether or not published under its name officially.
2. As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of others, or in any way may damage, disable or impair the Web or its services or prevent the normal enjoyment by other users.
THE COMPANY reserves the right to update the contents when it deems it appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, and to deny access to the Web to Customers and Users who misuse the contents and/or fail to comply with any of the conditions appearing in this document.
THE COMPANY informs that it does not guarantee:
1. Access to the Website and/or the linked websites is uninterrupted or error-free.
2. That the content or software to which the Clients and Users access through the Web or the Web link does not contain any error, computer virus or other elements in the contents that may produce alterations in their system or in the electronic documents and files stored in their computer system or cause other type of damage.
3. The use of the information or content of this website or linked websites that customers and users may make for their personal purposes.
THE COMPANY assumes no liability whatsoever, including but not limited to, any liability arising therefrom:
1. The use that the Clients or Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
2. Any damages to Clients or Users caused by normal or abnormal operation of the search tools, the organisation or location of the contents and/or access to the Website and, in general, any errors or problems generated in the development or implementation of the technical elements that the Website or a programme provides to the User.
3. Of the contents of those pages to which the Clients or Users may access from links included in the Web, whether authorized or not.
4. Of the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY by contract.
5. The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care or to install any of the tools to control the use of the Internet in order to prevent (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
6. For communications or dialogues during the course of debates, forums, chats and virtual communities that are organized through or around the Web and/or linked websites, nor will it be liable, therefore, for any damages and prejudices suffered by Clients or Users, private or collective, as a result of such communications and/or dialogues.
THE COMPANY will not be responsible in any case when they occur:
1. Errors or delays in the access to the Web Site by the Client 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 when these incidents are due to problems in the Internet network, causes of unforeseen circumstances or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY.
2. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the website are constantly operational.
3. Errors or damage to the website caused by inefficient and bad faith use of the service by the Customer.
4. The non-operation or problems in the email address provided by the Customer to send the order confirmation.
5. In any case, THE COMPANY undertakes to solve the problems that may arise and to offer all the necessary support to the Customer to reach a rapid and satisfactory solution to the incident.
6. Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, to extend them by giving due notice, or to exclude any of the participants from the promotion in the event of detecting any anomaly, abuse or unethical behaviour in their participation.
THE COMPANY may not exercise any of the rights and faculties conferred in this document, which shall not imply in any case the waiver of the same, except in the case of express recognition by THE COMPANY or prescription of the corresponding action.
MODIFICATION OF THE CONDITIONS OF USE
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, THE COMPANY recommends that the Client reads them carefully each time he/she accesses the Website.
APPLICABLE LAW AND ARBITRATION