Terms and Conditions
General contracting conditions applicable to the purchase of Promojoya, SL products through its website www.bijouxluciamartin.com
These conditions are mandatory and knowledgeable by both parties, so you must indicate your acceptance to carry out an order.
Access to this website is prohibited to persons under 18 years of age (or the age corresponding to the age of majority in their country of residence).
FIRST.- INTERVENING PARTIES
PROMOJOYA, SL, with CIF B-82.589.458, and address at Avda. Alcaldesa Mª Regla Jimenez, 132, 41807 Espartinas (Sevilla), Spain,which is registered in the Mercantile Registry of Seville, T.4042 F41 SE-59.768-1ºcontact telephone number 955 71 48 71, and email email@example.com, who offers its products through the website www.bijouxluciamartin.com.
Company object: commercialization, major and minor national and international, intermediation, representation, storage, distribution, either directly or as a dealer, representative or agent, of jewelry items.
Any user of the website www.bijouxluciamartin.com who places an order through the indicated website is considered a client.
In order to be considered as a customer, it is an essential requirement that the customer grants his/her acceptance of these general conditions prior to placing the order.
The conditions of the webPROMOJOYAputs at the service of the client are accepted by the same, as well as each and every one of the conditions that are included in it, and its legal notice.
The client declaresthat you have reached the legal age of application in the country, state or province where you reside.
The customer must register on the indicated website, and indicate the following data, necessary to consider the order correctly placed:
SECOND.- OBJECT OF THE CONTRACT
The object of the contract is the purchase and sale of the products offered by PROMOJOYA on its page by the client.
The total cost of the order (sale price to the public of the product or products that compose it plus the corresponding additional expenses) will be communicated to the client at the time of placing his order in advance of its acceptance. The price of the products is the one that appears on the website at the time of placing the order.
The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.
PROMOJOYAwill provide the client with the appropriate technical resources so that, prior to the delivery of personal data, they can access these conditions of use of the website, or any other relevant information, and can give their consent so thatPROMOJOYAproceed to the automated processing of the customer's personal data.
The validity period of the General Conditions of Contract will be the time they remain published on the web, and will refer to the products purchased at the time these conditions were available.
PROMOJOYAreserves the right to modify this policy to adapt it to new or legislative requirements, as well as to industry practices, taking into account at all times the legitimate interests of the consumer or user.
Certain services provided on the website may contain particular conditions with specific provisions regarding the protection of personal data.
PROMOJOYAreserves the right to modify them unilaterally, without affecting the products purchased by customers prior to the modification.
FOURTH.- GENERAL CONDITIONS AND CONDITIONS OF PROVISION OF THE SERVICE.
The general conditions established in this document do not prevent the adoption of specific particular conditions for the sale of products to users of the website.
PROMOJOYAinforms that the procedures to carry out the acquisition of goods are those that are described in these general conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the client declares to know and accept said procedures as necessary to access to the products and services offered on the web.
All information provided during the contracting process will be stored byPROMOJOYAso that the client may, upon request made in writing or by e-mail, request information regarding the operations carried out by him within the previous SIX (6) months. Any modification and/or correction of the data provided by the Users during navigation must be carried out according to the indications included in the Portal.
PROMOJOYAis not responsible for the opinions or texts of the users of the Web.
This website offers content exclusively for adults. If the client or user is a parent and does not want their children to see these contents, use filtering software (internet options, or specific programs for this purpose).
The content of the page is completely free.
The entrance to the websitewww.bijouxluciamartin.commust be done by pressing the buttonYESon the access page, not using links or direct URL's. In no case the entry through another link exempts from compliance with the conditions of use of the page.
FIVE.- ACCEPTANCE OF THE OFFER
The offer will be understood to be accepted by PROMOJOYA when the client accepts these general conditions and formalizes the order, under the conditions expressed in these general conditions, by clicking on the order formalization section.
Orders will be processed preferably in the following order:
· Through our website: www.bijouxluciamartin.com
· Via E-mail: firstname.lastname@example.org
· Others :email@example.com
Orders that are not made through these channels will also be attended to, although the company cannot guarantee the quality of the service or the speed of service.
Orders made by e-mail, it is recommended that they carry the references included in the PROMOJOYA product catalogue.
From the issuance of the pro-forma invoice, material will be considered reserved until after 5 business days.
If after that time the payment has not been made, the company reserves the right to dispose of this material if necessary.
The prices of products for residents of the European Union include Value Added Tax (VAT). Purchases made by VAT taxpayers (companies, entities, or organizations) with residence in the European Union and with an intra-community NIF, will be exempt from VAT payment, being an essential condition the sending of said document by email firstname.lastname@example.org,email@example.com@promojoya.net.
Citizens residing in the cities of Ceuta and Melilla and in the Canary Islands will be exempt from paying VAT
The possibility of payment is offered through bank card, transfer or bank deposit.
In case of transfer or bank deposit, payment must be made in the following bank accounts:
Owner: Promojoya, SL
BANK BBVA- IBAN CODE :ES9421006273930200051638
The transfer costs will be borne by the client or payer.
Once the payment has been made, it is recommended to send via e-mail firstname.lastname@example.org, the proof of the same to expedite the shipment.
PROMOJOYA may delay the shipment of the product until the necessary collection guarantees are available.
NINTH.- DELIVERY OF ORDERS
Shipments are sent with the general conditions are:
International shipments (EU) at FIFTEEN (15.00) euros and free from purchases of THOUSAND (1000.00) euros. The international delivery time will depend on the transport company, having a period between 3 and 5 working days.
PROMOJOYA has developed some bags to wrap the product, and 10 bags will be given away for every ONE HUNDRED (100) euros of order.
For shipments to the Balearic Islands, Canary Islands and international (EU) will be informed by PROMOJOYA at the time of the order.
PROMOJOYA reserves the right, depending on the characteristics of each order,be able to modify these rates, always being our premise that both the interests of the clients and those of PROMOJOYA are not harmed.
The delivery times of the orders depend on the availability of the product or products that compose them.
Although availability may be indicated on the website itself, PROMOJOYA cannot guarantee product availability and there may be products that are not available for immediate delivery.
The delivery will be made to the delivery address indicated by the client in the data section for sending the order.
TENTH.- PRODUCT GUARANTEE AND RETURNS.
PROMOJOYA will respond to the customer in the event of any lack of conformity due to manufacturing defects existing at the time of delivery and manifested during the following 2 years. The term that the client has to notify any incident caused by manufacturing defects is 2 months from the time he becomes aware of it. After verification, study and confirmation by PROMOJOYA of the existence of a manufacturing defect, PROMOJOYA will proceed to repair or replace the item, always at the customer's discretion, when technically possible and when notification has been given within the established deadlines.
The client who acts as a consumer and user has the right to return the order within a period not exceeding FIFTEEN (15) calendar days from its delivery. The user will not have the right to cancel special or personalized orders. Custom-made and/or personalized products cannot be returned. Shipping costs will not be reimbursed, and return costs will be paid by the customer. Returns of products that have been tampered with, that have been used or that have had their security seals removed will not be accepted. It is essential that the products to be returned keep the original packaging (container, documentation, bags or accessories). Once PROMOJOYA notifies that the returned products meet the authenticity and status requirements, the payment will be reimbursed using the same method used to make the purchase and within a period not exceeding 15 business days from the receipt of the returned product. PROMOJOYAwill be responsible for the replacement of the product as well as the shipping costs as long as they are defects of the product and not due to misuse, or improper handling or failures from knocks.PROMOJOYA will also accept the refund of the money if the shipment of the repaired part is not required or the item cannot be exchanged for any reason.
Warranty cases will not be accepted when the products have been used improperly or not according to their characteristics by the customer.
ELEVENTH.- COMPLIANCE WITH THE LAWS
Customer agrees to comply with all applicable laws, statutes, ordinances and regulations regarding the purchased product.
TWELFTH- INTELLECTUAL AND INDUSTRIAL PROPERTY
The client acknowledges that the elements integrated into the website are the property of PROMOTE.
The client acknowledges the industrial or intellectual property rights held by PROMOJOYA on the website.
THIRTEENTH.- DATA PROTECTION.
PROMOJOYA complies with the guidelines of Regulation 2016/679 of the European Parliament and of the Council regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD), and the Organic Law 3/ 2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and ensures the correct use and treatment of the user's personal data.
The indicated RGPD is applicable to anyone who processes data of users residing in the European Union. PROMOJOYA is domiciled in a country of the EU (Spain), and has adapted to the applicable regulations.
Promojoya, SL, B-82.589.458, Avda. Mayor María Regla Jiménez, 132 - 41807 Espartinas (Seville), Spain.
Purpose: Sale of silver jewelry and semi-precious stones.
Legitimation: Execution of contract and consent.
Origin of the data: The data collected is that which you have provided us at the time of contracting our services and/or products.
Transfer of data: Data will not be transferred to third parties, except legal obligation; or express consent of the interested party.
Data retention: During the entire commercial relationship and after the end of said relationship as long as its deletion is not requested.
Rights: You can access, obtain a copy, rectify and delete the data, as well as exercise the rights of portability, limitation or opposition to the treatment through:
· Email addressed to: email@example.com
· Letter addressed to Promojoya, SL, with address at Avda. Alcaldesa María Regla Jiménez, 132, 41807 Espartinas (Seville), Spain.
You will also have the right to file a claim with the Spanish Data Protection Agency (https://www.aepd.es/es), for unlawful processing of your personal data.
Together with each personal data collection form, in the services and/or that the user may request from PROMOJOYA, the user will be informed of the existence of acceptance of the particular conditions for the processing of their data in each case, informing them of the responsibility of the created file, the address of the person in charge, the possibility of exercising their rights of access, rectification and deletion of data, as well as exercising the rights of portability, limitation or opposition to treatment, and the purpose of the treatment and data communications to third parties where appropriate.
When visiting the PROMOJOYA website, data may be collected on your IP, what operating system or browser you use, and on the duration of your visit to the indicated website.
We treat your personal data in order to provide you with the requested service consisting of the sale of silver jewelry and semi-precious stones. Such data will be kept as long as the commercial relationship is maintained or during the years necessary to comply with legal obligations.
The data will not be transferred to third parties except in cases where there is a legal obligation, or with your express consent. The client has the right to obtain confirmation as to whether PROMOJOYA is processing their personal data and, therefore, they have the right to access their personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.
The delivery of all the data required to make the purchase is mandatory, so that the lack of indication or incorrectness of said data will empowerPROMOJOYAto not accept the order or, where appropriate, proceed to suspend it.
The client grants his consent so that the data provided by him toPROMOJOYA, are also used by it to send commercial communications about its products, whether by post, e-mail, or any other method of communication, electronic or not.
Customer data will be kept byPROMOJOYAas long as the relationship with him remains in force. Once this is finished,PROMOJOYAwill keep the data for the time necessary to comply with any other obligation established by current regulations.
PROMOJOYAundertakes to safeguard all the data collected through the page, where the appropriate security measures set out in the applicable legislation will be adopted., so that they are not illegally manipulated, nor object of loss or misplacement.
FOURTEENTH.- PREVENTION OF MONEY LAUNDERING.
The customer, when making the purchase, acknowledges that he is the real owner of the operation, warning him that his data may be transferred by PROMOJOYA to those Public Administrations that, in accordance with the regulations, have the right to access them. If the amount of the purchase is greater than THOUSAND (1,000) euros, the client will be required to identify himself with a copy of the DNI, NIE or passport in case of not being a resident in Spain, PROMOYA keeping said copy, and filing it together with the receipt. shopping.
FIFTEENTH.- NON-COMPLIANCE DUE TO FORCE MAJEURE
PROMOJOYA is not responsible for any default or delay attributable to force majeure.
SIXTEENTH.- PARTIAL NULLITY
If any provision of these eCommerce/Subscription Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, without affecting the validity, legality, and enforceability of the remaining provisions.
In the event of any conflict between the Spanish version of these E-Commerce/Subscription Terms and versions in any other language, the Spanish version shall prevail in any such conflict.
SEVENTEENTH.- PERSONALITY OF THE PARTIES
Changes in personality or status quo that the parties may make in the future will not affect the validity and applicability of the contract.
The parties expressly waive any action resulting from said change in their legal personality with respect to the validity, enforceability or payment of royalties of the contract.
EIGHTEENTH.- ADDRESS OF THE PARTIES
Both parties designate as the respective address for the purposes of notifications the one that appears on the PROMOJOYA website, and the one indicated by the client at the time of formalizing the order.
NINETEENTH. APPLICABLE LAW ANDSUBMISSION TO COURTS
Spanish legislation will apply to these conditions..
The parties agree that any litigation, discrepancy, question or claim that may arise from the execution or interpretation of the contract, or directly or indirectly related to it, will be resolved by express submission to the Courts of the Spanish Jurisdiction.