1. GENERAL INFORMATION
The ownership of this website, www.comin-joieriacreativa.com, is held by: Luís Comín Vilajosana, with DNI: 35005367B, and whose contact information is:
Direction: Avinguda Mistral 66, 08015 Barcelona
Telephone: +34 933255340
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.comin-joieriacreativa.com) and the purchase or acquisition of products therein (hereinafter, Terms).
For the purposes of these Conditions it is understood that the activity that www.comin-joieriacreativa.com develops through the Website includes:
Sale of pieces of author jewelry made in our own workshop.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and / or use the Website since those that are in force at the time the product acquisition is requested will apply.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above
2. THE USER
The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), which is why they are accepted, since the navigation of the Website begins, all the Conditions here established, as well as their modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and purchases or purchases legally valid.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be annulled and the relevant authorities informed.
- Provide truthful and lawful contact data, for example, email address, postal address and / or other information.
3. PURCHASING PROCESS
The Users can buy on the Website by the means and established forms. You must follow the online purchase procedure of www.comin-joieriacreativa.com, during which several products can be selected and added to the basket and finally click on “Place order”.
Likewise, the User must fill out and verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that www.comin-joieriacreativa.com has received his purchase request, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent.
All purchase orders received by www.comin-joieriacreativa.com through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure affects the supply thereof. If there are difficulties in the supply of products or no products remain in stock, www.comin-joieriacreativa.com undertakes to contact the User and reimburse any amount that may have been paid as an amount.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website only for national territory. Shipments to the rest of Europe and the United States will cost 10,00€.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The Website uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
The Website offers users a secure telematic payment gateway for bizum and credit and debit cards (Visa, Mastercard, Visa Electron and analog cards) offered by the BANC SABADELL bank.
The bank’s Virtual TPV integrates the secure electronic commerce (CES) functionality, under the international protocols VISA Secure and Mastercard Identity Check, based on 3D Secure technology, during the authentication process of the buyer as the legitimate cardholder with the The purpose of providing the purchase process with other security and payment protection. During the electronic payment operation, user information regarding the connection and IP address, device information, email address, mobile phone, browsing data and transaction data, as well as other data will be collected. accessible by virtue of the online connection and the channel required by the aforementioned security protocols; all with the aim of detecting and preventing unauthorized or fraudulent payment operations.
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, www.comin-joieriacreativa.com will not be responsible for any delay or failure to deliver and may not formalize No contract with the User.
Payments can also be made through the secure online payment system Paypal.
Once www.comin-joieriacreativa.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the sending confirmation is sent to the User.
In any case, by clicking on “Place order” the User confirms that the payment method used is his.
Deliveries will be made in the following territory: Europe and the United States.
Except in those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the maximum delivery time will be 15 calendar days from the date of the order confirmation. If you need the item in a period shorter than this, contact us and we will inform you if it is possible to obtain it in a period shorter than the one stipulated.
If for any reason, which was attributable to him, www.comin-joieriacreativa.com could not meet the delivery date, contact the User to inform him of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when www.comin-joieriacreativa.com receives full payment of all amounts owed in relation to the purchase made, including shipping costs, or at the time of delivery, if it has place at a time subsequent to the complete reception of the amount object of payment by www.comin-joieriacreativa.com.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting www.comin-joieriacreativa.com through of the contact spaces enabled on the Website.
In any case, the User, before clicking on “Place the order”, has access to the basket where they are writing down their purchase requests and can make changes.
In the cases in which the User purchases products through the Web Site, they are assisted by a series of rights, as they are listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the Website www.comin-joieriacreativa.com or in case of that the goods that make up your order are delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify his decision to www.comin-joieriacreativa.com. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
Comín – joieria creativa
Avinguda Mistral 66, 08015 Barcelona
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, www.comin-joieriacreativa.com will reimburse the User for all payments received, including shipping costs without any undue delay and, in any case, no later than 14 calendar days from the date on which www.comin-joieriacreativa.com is informed of the decision to desist by the User.
www.comin-joieriacreativa.com will reimburse the User using the same payment method used by him to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, www.comin-joieriacreativa.com may withhold said refund until you have received the products or items from the purchase.
The User can return the products to:
Comín – joieria creativa
Avinguda Mistral 66, 08015 Barcelona
And must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which www.comin-joieriacreativa.com was informed of the decision to withdraw.
The User shall not assume the cost of return (transport, delivery) of the goods if it has been purchased in national territory. A carrier will be sent to collect the product. The User who has bought from Europe or the United States must bear the direct cost of return (transport, delivery).
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws as would be the case of personalized products.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned including all their original packaging, the Model withdrawal form (you can download it here)as well as a copy of the purchase invoice.
Return of defective products or error in shipping
These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and therefore, should contact www. comin-joieriacreativa.com immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times will always be for the User, as consumer and user.
The User, as consumer and user, has guarantees about the products that may be acquired through this Website, under the terms legally established for each type of product, by replying www.comin-joieriacreativa.com, therefore, by the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by www.comin-joieriacreativa.com and possess the qualities presented in it; be suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, this must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, www.comin-joieriacreativa.com will not accept any liability in the following cases:
- www.comin-joieriacreativa.com applies all the measures concerning to provide a faithful visualization of the product in the Web Site, nevertheless it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or others of this nature.
- www.comin-joieriacreativa.com will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. www.comin-joieriacreativa.com puts all means at your disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, nevertheless disclaims liability for reasons that are not attributable, fortuitous case or force majeure.
- www.comin-joieriacreativa.com will not be responsible for the misuse and / or wear of products that have been used by the user. At the same time, www.comin-joieriacreativa.com will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, www.comin-joieriacreativa.com will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond its reasonable control, that is to say, that are due to cause of force majeure, and this may include, but not limited to:
– Strikes, lockouts or other industrial action.
– Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
– Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
– Inability to use public or private telecommunication systems.
– Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and www.comin-joieriacreativa.com will have an extension in the term to comply for a period of time equal to the duration of the cause of force higher. www.comin-joieriacreativa.com will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
10. DATA PROTECTION
11. COMPLAINTS AND COMPLAINTS
The User can send to www.comin-joieriacreativa.com his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).