GENERAL CONDITIONS OF ELECTRONIC COMMERCE

TITLE I "GENERALISATIONS AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE SITE"

FIRST: WEBSITE OWNERSHIP

PJ Hisamar SL, hereinafter COMPANY, established in C / Teruel, 1., CIF B-16207938, is the owner of the website www.joyeriahisamar.com, hereinafter Shop, and makes this website available to Internet users, with the aim of providing information on products and offers of the COMPANY, as well as allowing the acquisition of the products offered through the website.

SECOND: GENERAL CONDITIONS OF USE AND ACCEPTANCE

2.1 These Terms and Conditions of Use of the Site, along with the general hiring conditions, and / or the particular conditions that may be established, are to regulate the provision of information and the commercial relationships that may arise between the COMPANY and Site users. By browsing the Site and / or by using the services included in the shop, you acquire the status of User. Both the navigation, and the use and / or purchase of any products of the shop, implies the acceptance as User, without reservations of any kind, to any and all of these Terms of Use, the Terms and General Hiring Conditions which in any case governed the acquisition of goods or provision of services, and where appropriate, to the Special Conditions which, in any case governed the acquisition of goods or the provision of services.

2.2 THE COMPANY may at any time and without previous notice, amend these General Terms, as well as the General Hiring Conditions specified in the Title III below, and / or the special conditions, if any, are included, by the publication of such changes on the shop, so that they can be known by users, provided prior to the visit to the Shop or the purchase of any goods offered in the shop.

TITLE II: "GENERAL USE OF THE WEBSITE"

THIRD: PROTECTION POLICY OF PERSONAL DATA

These Terms and Conditions will apply to promotional and information activity which is performed through the Site so as to the acquisition of goods and / or provision of services offered on the Website, so these will govern at all times for both simple navigation on the shop site, and for the purchase of goods and / or the provision of services within the Site, while the latter activities additionally will be subject to both these General Terms of Use, and the applicable general hiring conditions, and specific conditions, which in any case, might exist.

1. PROTECTION POLICY OF PERSONAL DATA

1.1. For the purposes of the provisions established by the Organic Law 15/1999, December 13, of Protection of Personal Data, the COMPANY informs the user of the existence of a file of personal data created with the data obtained in the Shop by and for the COMPANY, and under its responsibility, with the purposes of information and marketing of the products offered in the shop, and to enable personalized navigation. This file, owned by the COMPANY, is enrolled in the I Register of the Data Protection Agency with customers and suppliers and the inscription code is nº 2133531143.

1.2. The User expressly accepts the inclusion of data collected while browsing the shop site, or provided by filling in any form, including those arising from the commercial relationship and / or delivery of the Products to the buyer in the automated data file of personal data referred to in the first paragraph. During data collection, and in every place of the shop in which the data are required, the user will be informed, either through a hyperlink, either through the right form, of the obligatory nature of such data for delivery of the Products except ordering, in which case the COMPANY reports from this moment to the user that they are not considered voluntary, so its inclusion will be necessary to formalize the purchase order, provide data concerning the identity, address and credit card number for payment, as these data are necessary for the execution and completion of the sale.

1.3. Users may exercise in respect of the data collected in the way provided in the preceding paragraph, the rights recognized in the Organic Law 15/1999 and in particular the rights of access, rectification or cancellation of data and opposition, provided that is pertinent, and the right to withdraw consent for the transfer of data or for any of the aforementioned uses. The rights mentioned in the preceding paragraph, may be exercised by each user by writing and sending a signed request to the following address: Hisamar Jewelry. C / Teruel, 1. C.P: 16004 Cuenca, or by sending an email to the address administracion@joyeriahisamar.com where the full name, user and email adress with which the client signed up should be indicated, enclosing in both cases a photocopy of the User ID card.

1.4. The COMPANY reports that for the access by the user to any part of the contents or services offered in the shop, the previous completion of registration forms, or the like, might be necessary, which requires the user to enter personal data. It is also possible that the COMPANY, with the aim of improving its services, provides "cookies" through which user data are obtained.

1.5 The COMPANY is committed by using the data included in the file, to respect its confidentiality and use in accordance with the purpose of the file, and to comply with its obligation to keep them and adopt all measures to prevent alteration, loss, or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999 of 11 July.

FOURTH.- INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HIPERLINKS

4.1 All content displayed in the shop and in particular, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs of industrial and commercial use are subject to rights of intelectual and industrial property of the COMPANY or third party owners who have duly authorized their inclusion in the On-Line System.

4.2 Under no circumstances shall any license be granted or resignation, transfer, complete cession of all or part of such rights, or any right or expectation of rights are conferred, and in particular, alteration, exploitation, reproduction, distribution or public communication upon these contents without the express permission of the COMPANY or the respective owners.

4.3 No link can be established to the store from any other website without the prior written consent of THE COMPANY.

FIFTH -. RESPONSIBILITY OF THE COMPANY

5.1 The COMPANY will only respond for damages that the User may suffer as a result of the use of the shop when such damage is attributable to willful misconduct of this company. You, as User acknowledge and accept that the use of the shop, and the purchase of products offered therein is at your own risk and your own responsibility.

5.2 THE COMPANY is not responsible for any damages that may arise, for illustrative purposes only and not limiting

  • I.- Inferences, omissions, interruptions, computer viruses, faults and / or disconnections in the operational functioning of this electronic system or appliances and users computers, due to causes unrelated to the COMPANY, which prevent or delay the provision of services or navigating the system.
  • II.- Delays or usage blockages caused by deficiencies or overloading of the Internet or other electronic systems.
  • III.- Which may be caused by third parties through illegal interference.
  • IV.- Divergences of information, documentation and / or other contents of the shop that might exist between the electronic version and the printed version.
  • V.- Of the impossibility of providing the service or allow access for reasons not attributable to the COMPANY, due to the User, third parties or inconveniences of bigger force.

5.3 The COMPANY does not control, generally, the use that users make of the shop. In particular The COMPANY does not guarantee under any circumstances that users use the Service in accordance with the law, the present General Conditions, morality and generally accepted good customs and public order, or that they do so diligently and prudently.

SIXTH.- OBLIGATIONS OF THE USER

6.1 In general, the User must comply with these Terms and Conditions, the special conditions that may apply, as well as meet the special warnings or instructions contained therein or in the shop and always act according to the law, morality and the requirements of good faith, diligence appropriate to the nature of the service enjoyed, refraining from using the shop in any way that may impede, damage or impair the normal functioning, the property or rights of COMPANY, its suppliers, other users or any third overall.

6.2 In particular, and without implying any restriction on the obligation assumed by the user in accordance with the previous paragraph, the User obliges fimself to the use of the shop and in the provision of services:

  • I.- For register, the User must truthfully provide the data provided and keep them updated.
  • II.- Do not enter, store or transmit to or from the shop, any information or material that is defamatory, libelous, obscene, threatening, racist, incites violence or discrimination based on race, sex, ideology, religion or in any way was prejudicial to morality, public order, fundamental rights, public freedom, honor, privacy or image of others and general regulations.
  • III.- Do not enter, store or transmit through the shop, any software, data, virus, code, hardware or telecommunications equipment, or any other instrument, electronic or physical device that is capable of causing damage to the shop in any of the Services, the equipment, systems or networks within the COMPANY, of any user, suppliers of the company or in general any third party, who were to cause any disruption or prevent the normal functioning of those.
  • IV.- To properly guard the "User Name" and "Password" that is provided by The COMPANY to users, such as identifiers and keys for access to the Services, agreeing not to transfer their use or permit access to them by third party, taking responsibility for damages that may result from improper use thereof. Similarly, the user undertakes to notify The COMPANY, as quickly, loss or theft as well as any risk of access to the "User Name" and / or "Password" by a third party.
  • V.- Do not undertake any advertising, promotional or commercial exploitation through the shop activities, not using the contents and in particular the information obtained through the shop to send advertising messages for direct marketing purposes or any other commercial purpose, or to collect or store personal data of third party.
  • VI.- Do not use false identities or impersonate others in the use of the shop or the use of any of the services of the shop, including the use of passwords or access codes of third parties or otherwise.
  • VII.- Do not destroy, alter, use for use, misuse or damage data, information, programs or electronic documents COMPANY, its suppliers or third party.
  • VIII.- Do not enter, store or disseminate through the Store any content that infringes any intellectual, industrial or business secrets of third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third party.

SEVENTH.- COMMUNICATIONS

7.1 For the purposes of these General Conditions, and any communication that is necessary between the COMPANY and the user, they should contact the management of the company by email: administración@joyeriahisamar.com. Or by writing to HISAMAR Jewelry. C / Teruel 1 16004 Cuenca. Business communications to the User will be according to the data provided by him to register in the shop. The User expressly agrees to all communications related to the use of the shop and / or purchase of goods, the use of email as valid for the remission of these communications.

EIGHTH.- APPLICABLE LAW. JURISDICTION

8.1 These conditions shall be governed by Spanish law, which shall apply to matters not provided for in this agreement on the interpretation, validity and performance.

8.2 The parties expressly waive any jurisdiction that may correspond to them and submit themselves to the Courts of Cuenca to resolve any dispute that may arise in the performance of the contract terms.

TITLE III: "CONDITIONS FOR ELECTRONIC SALES BETWEEN THE COMPANY AND USERS"

NINTH .- GENERAL TERMS AND CONDITIONS. INFORMATION PRIOR TO HIRING

9.1 These general conditions of contract together, where appropriate, with the particular conditions which may be established, will expressly regulate the relations arising between the COMPANY and third (hereinafter "Users") who hire the products offered through the shop.

9.2 These General Conditions have been prepared in accordance with the provisions of Law 34/2002, of Services of the Information Society and Electronic Commerce, Law 7/1998 on Terms of General Hiring Conditions, the Royal Decree 1906/1999 on the telephone and electronic contracting with general conditions in article 5.3 of Law 7/1998, Law 26/1984 for the Protection of Consumers and Users, Law 7/1996 of the Retail Trade, the Royal Decree-Law 14/1999 regulating electronic signatures and as many laws are applicable.

9.3 The use and / or purchase of any products of the shop, imply acceptance as a user, without reservations of any kind, to each and every one of the General Conditions, the General Conditions of Use of the Website and if applicable, the Special Conditions, if any governing the acquisition.

9.4 The COMPANY informs that the procedures to carry out the acquisition of goods are those described in these terms and conditions, as well as those specific to be put on display during browsing, such that the User acknowledges and accepts these procedures as required to access the products and services offered on the Website.

9.5 Any modification and / or correction of the data provided by users during navigation shall be carried out according to the instructions on the Website.

TENTH -. OFFERED PRODUCTS. PURCHASE SYSTEM

10.1 The products offered in the shop, along with its features and price are displayed. Besides price, and before confirming the order, total shipping will appear on the screen to be sent to the user´s adress. Prices shown on screen are in Euros and include VAT and any other taxes that may be applicable at all times and will be in force, except typo. Offers will be properly displayed on the screen. The COMPANY reserves the right to decide at any time, the products contained and offered to users through the shop. Thus, the COMPANY may at any time add new products to those included in the Store, unless otherwise, that such new products shall be governed by the provisions of the General Conditions in force at the time available. The COMPANY also reserves the right to cease providing access at any time and without notice of any of the products offered in the shop.

10.2 For the acquisition of the products in the shop, the COMPANY will ask the users to proceed to register, for which those users, who must be over eighteen, must complete the on-screen instructions and perform the following required instructions as well as any others that are included in the various screens of the shop:

  • I.- Full completion of the electronic form that appears in the shop every moment following the indicated instructions.
  • II.- Icon press / OK button.
  • III.- Reception at the email account under the user registry. The User Name and Password provided by the User to the COMPANY are identifiers and keys to access and make purchases and are personal and not transferable. The user name can not be modified by the user but the password, in which case the modified codes become invalid.

10.3 Once the user has been registered, and to proceed with the purchase of products, you must add the product you wish to purchase in the shopping cart, according to the indications listed on the screen, filling in for this purpose the provided order form and sending it to The COMPANY, which involves reading and irrevocable acceptance of any and all of these Terms and Conditions, and if appropriate, of the existing Special Conditions. The purchase shall be fulfilled at the adress of THE COMPANY.

10.4 Once the purchase has been fulfilled and in the shortest possible time, always before 24 hours from the execution of the purchase, the Department of Administration of the COMPANY will send by e-mail user proof of purchase. Customer may also request, and the COMPANY will send invoice. The order confirmation and proof of purchase is not valid as an invoice.

10.5 THE COMPANY reserves the right to cancel a username and password and therefore access to the Store for those users who maintain outstanding debts or act fraudulently with the COMPANY.

ELEVENTH -. PAYMENT, DELIVERY OF ORDERS AND WITHDRAWAL S

Payment of the price of goods purchased and the shipping costs, which will appear on the screen, can be made either by credit card, debit card, bank transfer or PayPal system according to the means of payment that at each time are indicated on the screen. To pay, the user must follow any and all instructions on the screen, providing the following information: a) type of card; b) Card number; c) Expiry date or d) Just as any other thing required on screen such as electronic payment. The COMPANY, has a payment gateway ecommerce installed. All data provided for this purpose are encrypted for maximum security thereof. Data are hosted on a secure server certified following SSL by Verisign. The COMPANY also states that in no case will store the information provided by Users through the payment gateway, and will only be retained while the purchase is made, payment is made and just until the withdrawal period has elapsed.

11.2 The COMPANY agrees to deliver the buyer goods by the User at the address of the Purchaser designated for that purpose in the order form (no products will be delivered to post code boxes or in public places), within the period specified for each product:

  • Deadlines: two to fifteen working days.
  • If the order has prints, sizes, or special modifications, consult delivery.
  • The delivery starts from processing of the order, this occurs once the proof of payment has been received by our administration.

If the product arrived in poor condition because of transport, the user must indicate so in delivery note and call within 24 hours after receiving to our Customer Service to make the claim. After this deadline COMPANY shall not be liable for any claims for this reason.

11.3 The User / Buyer shall have seven calendar days to resolve the transaction, provided that the nature of the acquired permits. The seven-day period provided in the preceding paragraph shall be computed after receiving by the Purchaser the goods purchased. In any case, it is understood that the Buyer has known the right of withdrawal from the entry into the shop, which requires reading and acceptance of these Terms and Conditions, and in any case from the time of placing the order. Returns of orders must be made through Management Service TEL: 609791341 or email: administración@joyeriahisamar.com in order to instrumentalize the collection of the order at your home. The COMPANY will return the amounts received by payment, less the cost of collection stipulated on the Website within a period not exceeding thirty days. To proceed to return the product, it must be returned without having been used, in its original packaging.

After examining the piece in our workshops and ruling out any defects or damage of use, we will refund the product purchased by the same method of payment used for the payment of the order.

The procedure for exercising a refund is specified in the section of the store, "if you are not satisfied we will refund your money." Notwithstanding the above, it is excluded the right of withdrawal and / or resolution in those cases in which, by the very nature of the assets to be acquired, it is impossible you carry out, without prejudice to the corresponding claim for damages and damages.

The goods must be delivered to our carrier in perfect condition, packaged in a closed and sealed envelope covering its original packaging. If the delivery was to be carried out by the customer, the product should also reach our warehouse perfectly identified.

The goods must be clearly identified and marked with the number of return provided by the Management Service.

If the product was defective, THE COMPANY will be responsible for performing the replacement, at no cost to the customer. If the client would like to terminate the contract, he would get discount for the cost of collection.

If the product arrived in poor condition because of transport, the user must indicate so in delivery note and call within 24 hours after receiving to our Customer Service to make the claim. After this deadline The COMPANY shall not be liable for any claims for this reason.

The COMPANY has complaint forms available to the consumer.

TWELFTH -. APPLICABLE LAW. JURISDICTION

This contract shall be governed by Spanish law, which shall apply to matters not provided for in this agreement on the interpretation, validity and performance.

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