Terms and conditions of purchase
On the one hand, the supplier of the products: Gemma Oriol with registered office at c/ Ferran el Catòlic, 18, 1st Postal Code: 25200 Cervera (Lleida) DNI: 78103175M and contact email: atelier@gemmaoriol.com being the owner of the website www.gemmaoriol.com sets forth this contractual document that will govern the purchase of products through the website.
BOTH ACCEPT this document, and it implies that the user:
- You have read, understood and agreed to this text.
- This is a person of legal age and with sufficient capacity to enter into contracts.
- This assumes all the obligations established in this document.
- You have read and accepted these general conditions of purchase from the moment you purchase any product offered.
- a) choice of an alternative product, with characteristics similar to the product to be replaced;
- b) communication of its availability, in case you prefer to wait until the product is available again in the store.
- Choose the product by clicking on it, and it will be automatically added to the “shopping cart”.
- If you want to add more products, you must select the “Continue Shopping” option. If you have accidentally added one that you did not want, you must click on the option to remove it from the shopping cart. In the shopping cart you will see the items, quantity, price and total amount. Once all the products have been chosen, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
- Once you have chosen the product(s), you must click on the final tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your details and the chosen payment method).
- Once the purchase is confirmed, a comments screen will appear, where you can indicate the delivery time; a checkbox that must be checked as it is the acceptance of these General Contract Clauses and the Privacy Policy.
- To finish the process, you must click on the Finish button
- If the product does not appear in perfect condition.
- If the product packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tapes applied directly to it is prohibited.
- When the product is opened without being able to prove that it has not been used.
- When it comes to personalized products or those that, for hygienic reasons or other legally established exceptions, are not susceptible to this right.
This document may be printed and stored by Users.
Gemma Oriol makes available to you the email address atelier@gemmaoriol.com to ask any questions about these conditions.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website of Gemma Oriol.
Gemma Oriol reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were purchased before the modification, in order to improve the products offered. In any case, before purchasing the products, these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products.
Gemma Oriol is not responsible for any consequences that may arise from improper use of the products for sale on the website.
The responsibility of Gemma Oriol for the products supplied is limited to the quantity thereof, the User waives any liability to the provider for any reason in any case of dissatisfaction with the products purchased on the website, as well as possible failures, slow access or errors in accessing the website, including the loss of data or other information that may exist on the computer or network accessing the website.
Gemma Oriol is a company specialized in the sale of jewelry. Gemma Oriol sells its products online through its website and/or by telephone.
1.1 Scope of application: This contract aims to regulate the contractual relationship of sale between Gemma Oriol and the User at the time he/she accepts these purchasing conditions during the online contracting process by checking the corresponding box. These GTC will apply from the day the order is placed.
1.5. Modification of the General Terms and Conditions of Contract: Gemma Oriol reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions in force on the date the order was placed will apply.
Information provided on the Web:
The contents of www.gemmaoriol.com are constantly updated and updated to offer our customers the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, provisional information about some products.
If the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel their purchase without any cost on their part.
All contractual information on the website is displayed in Spanish and communication with clients and users, as well as the formalization of the contract, will be carried out in this language, although, if desired, the client can choose another language, always indicating this before starting the contracting procedure.
2.3 Availability of Product(s): There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, we will contact you to offer you a choice between the following options:
If you reject our suggestions, the order related to these products will be cancelled and any amount paid for them will be refunded.
2.4 Right of cancellation: Gemma Oriol reserves this action (right of cancellation) to send a specific product that does not meet the quality requirements imposed on all products of www.gemmaoriol.com. In the event that this lack of quality is detected, the Customer Service of Gemma Oriol will suggest a replacement product and, if the replacement is not to the customer's liking, the cost of said product will be refunded.
2.5 Orders 24 hours a day, every day of the year: The order reception time is twenty-four (24) hours three hundred and sixty-five (365) days a year, although orders placed after nineteen (19) hours will not be processed, remaining for the following business day in (Spanish Time). Orders received during the weekend will be processed on time on the following Monday, or the first business day.
2.6 Fraud: Yes Gemma Oriol suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.
The User, in order to access the products offered by Gemma Oriol, you must freely and voluntarily provide the personal data that will be necessary, which will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of April 27, 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free circulation of these data, Organic Law 15/1999 of December 13 (LOPD) on the protection of personal data and Royal Decree 1720/2007, development of the LOPD, detailed in the area of the protection of personal data and Royal Decree 1720/2007, development of the LOPD, detailed in the detail in the area of the protection of personal data and Royal Decree 1720/2007, of development of the LOPD, detailed in detail in the area of personal data protection and Royal Decree 1720/2007, development of the LOPD, detailed in the Legal Notice and Privacy Policy of this website.
This website allows purchasing via the guest checkout feature. In this mode of purchase, you will only be asked for the essential information to process your order. Once the purchase process is complete, you will be offered the option to register as a user or continue as an unregistered user.
The contracting procedure will follow the following steps:
In any case, the hiring platform Gemma Oriol will inform the User, once the contracting procedure has been completed, by email regarding all the characteristics, price, transport methods, contracting date and estimated delivery of the purchased product.
If there is any type of error in the address indicated or in any other point of the order, you must immediately notify the email address that will appear on the website so that we can proceed to correct this error.
If you have any questions, you can contact our customer service via email info@africandreamland.com
Gemma Oriol also offers phones in Spain subject to the cost of your telephone operator.
Shipping costs will be applied as follows:
Delivery time is usually between 7 and 9 working days, depending on the destination and the chosen payment method. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
Gemma Oriol will not assume any responsibility when the delivery of the product is not carried out, since the data provided by the user is false, inaccurate or incomplete.
Delivery will be considered to have been made when the carrier has made the products available to the User and the latter, or their delegate, has signed the delivery receipt document.
It is the User's responsibility to check the products upon receipt and to state any reservations or claims that may be justified on the delivery receipt.
Prices and Conditions of Validity of Offers:
All prices displayed in the store include the VAT in force at the time of purchase. All prices displayed on the website are valid except for typographical errors or end of stock and, in any case, will be expressed in the Euro currency. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other services and attachments additional to the purchased product.
(TAX ON ADDED VALUE: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products will be understood to be located in the territory of application of Spanish VAT if the delivery address is located in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question. In the cases to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by applying the provisions of article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
Payment made to Gemma Oriol This will involve issuing an invoice in the name of the registered User, provided that he/she provides his/her ID number. Otherwise, a delivery note will be created. This invoice will be automatically sent to the email address provided by the User, and will also be sent together with the purchased product.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same. The User assumes that, in any case, the economic value of some of the products may vary in real time. In any case, this will always be communicated to the users in advance.
In the case of limited duration promotions, the promotional discount will be applied as long as the order has been registered during the promotional period.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were carried out and will be used to determine whether or not said order is subject to promotion.
For any information regarding the order, the User can contact us via the customer service telephone number Gemma Oriol or by email to the address provided.
The available systems are detailed below:
6.1 Payment by Credit or Debit Card: The User must have a valid credit or debit card, where he/she must specify all the digits of the card number on the corresponding form. The transaction is formalized at the time of placing the order. We only accept payments with secure cards in which the authentication of your identity is carried out as the cardholder in accordance with the method established by your bank, through secure electronic commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
It uses the system called SSL (Secure Sockets Layer), a payment system in a secure environment because it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
6.2 PayPal: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. By clicking the “Return to the website” button you will return to the website to view the order and print it. PayPal has its own privacy policies and Gemma Oriol has no responsibility for them.
7.1 Delivery address: Orders will be delivered to the delivery address freely designated by the User. Therefore, the provider assumes no responsibility when the delivery of the product does not occur as a result of the data provided by the user being false, inaccurate or incomplete or when delivery cannot be made for reasons subsequent to the company's shipments, assigned for this purpose, such as the absence of the recipient.
The delivery time of the order will be during normal business hours.
Notwithstanding the foregoing, Gemma Oriol has taken the measures required of a diligent trader to ensure that delivery can be made within the agreed time, so no liability can be attributed to the supplier.
Gemma Oriol will use all means at its disposal to ensure that your order is delivered within the time frame shown on our website on the date of issue of the order confirmation.
7.2 Delivery times: correspond to those set out in the file for each product. In the case of products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery time.
If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service via the following email address: atelier@gemmaoriol.com indicating the order number.
7.3 Shipping confirmation: Upon delivery of the order to our carrier, we will send you the shipping confirmation to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through our carrier's website.
7.4 Damage upon delivery: Products are delivered in secure packaging. If at the time of delivery it was visible and clearly visible, without the need to handle the shipping packages or the product packaging itself, that a product has defects caused by damage caused by transport or a defect is seen in the received merchandise, the Customer must detail this fact on the receipt signed by the carrier and immediately contact the email atelier@gemmaoriol.com within 24 hours of receipt, in order to request the return of the affected product or products and proceed to replace them with another in optimal conditions or, refund the price paid for it, as you indicate in this email.
A proof of delivery without any damage report is equivalent to a product with the packaging in perfect condition. Likewise, if damage is detected on the product once the package has been opened and the packaging is in perfect condition, the customer has 24 hours from receipt to contact the email atelier@gemmaoriol.com After 24 hours of delivery, no claims for damage to the product will be accepted.
8.1 Right of Withdrawal: The User has 14 calendar days, counted from the date of delivery of the product, to return it (Article 71, Law 3/2014, of March 27). If you are not satisfied with the product or any of the products in your order, you can exercise your right of withdrawal by filling out the form attached to these conditions, with your order number (to obtain a refund of the amount of the product/s within the maximum period of fourteen (14) calendar days following receipt of the order) along with your contact information. Unless the return is due to defects in the product, the costs related to shipping will be borne by the User. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us via email at info@africandreamland.com or by post, always within 14 calendar days of receiving the order. After this period, you may only request the return or exchange of the products for technical reasons subject to the warranty of said product(s).
You must return the product with all the elements with which it was delivered, without damage or signs of wear of any kind, and which does not indicate improper use of the product or anything different from its nature to the address we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in value. The Customer will be responsible for the packaging and protection of the products they send, as well as for the costs derived from the shipment.
As long as the products are returned within 14 calendar days, without damage or signs of use and in compliance with the requirements established in this section, with the return number that we will provide, we will refund the full amount of the purchase.
Remember that in any case the product must include:
– Date of purchase and exercise of withdrawal
Information of interest (optional):
– Information that you believe is necessary or of interest to process the return
8.2 Return of the Defective Product: The User must inform Gemma Oriol of the lack of conformity with the product within 14 calendar days from the date on which you became aware of it. In the event that the product is defective from the factory, you must send an email to info@africandreamland.com with the order number and explaining the reason for the return. Our Customer Service will contact you by email or phone indicating how to proceed with sending the defective product and providing you with a return number.
The product(s) of the order must be returned to the address that we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote inappropriate use of the good or different to its nature.
Once the defective product is received in compliance with these requirements and it is verified that the product(s) has a manufacturing defect, we will contact you to arrange for the repair, replacement, reduction or termination of the contract. In any of the above cases, the resulting expenses will be borne by Gemma Oriol.
8.3 Return of Non-Defective Product: When the product has no defects and its return has been motivated by ignorance, Gemma Oriol will contact you to tell you the steps to follow to recover the product.
Shipping costs arising from the return of a product that does not present any defect or fault to the user will be borne by the customer and Gemma Oriol will not proceed with this shipment until it has received advance payment for the transport costs. Verification by Gemma Oriol If the returned product shows damage resulting from misuse or poor protection during shipping, this may result in the cancellation of the Warranty or cause a decrease in the value of the product.
8.4 Return due to an error in the order Gemma Oriol : When the product does not correspond to the order, due to an error attributable to the company, the User must notify the company by email as soon as possible. Gemma Oriol will assume the cost of collecting the product sent in error and delivering the product corresponding to the order placed.
8.5 Returns Verification: The verification and verification of the products to be returned will be the responsibility of Gemma Oriol who, once at their facilities, will verify that they are received in compliance with all the requirements established in section 8.1. Failure to comply with these requirements may result in cancellation of the Warranty or cause a decrease in the value of the product.
If any of the items are missing, the product will be returned to your home with a note indicating the missing content.
8.6 The right of withdrawal cannot be applied in the following cases:
9.1 Reimbursement of shipping costs: If you request reimbursement of return shipping costs, you must send the products by standard mail (regular letter). The responsibility for shipping lies exclusively with the transport company or the means contracted for said shipping. Additional costs arising from the contracting of express delivery services will be borne by the customer.
9.2 Refund for refund: In the event of a return, the refund of the amounts paid will be made through the payment methods used in the purchase. Gemma Oriol will not refund the amount or make any return of the merchandise until the receipt and the condition of the packaging and accessories of the product subject to return or exchange have been verified in our warehouse.
9.3 Refund period: the refund will be made within 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period for making the payment established is 1 month. To proceed with the refund you must provide us with the following information:
– IBAN 20 digits of your bank account.
9.4 Gemma Oriol declines reimbursement of the amounts if:
– the products are used or deteriorated, or their use has exceeded their nature.
– the products are missing some element.
Applicable warranties and after-sales services:
10.1 Guarantee: All products offered through the website are completely original, unless otherwise stated in their description.
All products have a 1-year warranty period, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases in which it may be of a different duration.
10.2 Defective products: In case of a defective product, Gemma Oriol must proceed with the repair, replacement, price reduction or termination of the contract (as applicable), which will be free of charge for the user. Gemma Oriol is responsible for any lack of conformity that becomes apparent within 1 year of delivery, provided that Gemma Oriol be informed of the lack of conformity within 2 months of becoming aware of it.
10.3 Warranty Cancellation Assumptions: The warranty does not apply in the following cases:
– Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,
– Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,
– Breakdowns and deterioration of accessories,
– Deterioration created by improper use of the product, inappropriate use, lack of respect for the instructions for use with respect to its use and maintenance or improper installation,
– Damages caused by non-accredited persons or by the user,
– Damage caused by accidents, lightning, floods, fires or any other cause that is not the responsibility of the manufacturer,
– If the model or serial number of the product shows any modification,
– Use of the product outside the family and private environment, for example, in intensive professional use, or
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for the resolution of online disputes between the User and Gemma Oriol without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Nullity and Ineffectiveness of the Clauses:
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, said nullity or ineffectiveness will affect only said provision or the part thereof that is null or ineffective, the General Conditions subsisting in all other respects, having said provision, or the part thereof that was affected, by not putting.
Applicable Law and Jurisdiction:
These conditions will be governed or interpreted in accordance with Spanish legislation in matters that are not expressly established. Gemma Oriol and the User agree to submit any dispute that may arise from the provision of products or services subject to these Conditions to the Courts and Tribunals of the address of Gemma Oriol (if it is a legal entity) or to the user (if it is a natural person).
Your comments and suggestions are welcome. Please send us your comments and suggestions via our contact form.
In addition, we have official complaint forms available for consumers and users. You can request them by email at atelier@gemmaoriol.com
Address: Ferran el Catòlic, 18 1er 25200 Cervera -lleida
Data on the asset/benefit to be abandoned:
Order/Invoice Number: ____________________________________
Order/Invoice Date: _____________________________________________
Date of receipt of the product/service: _________________
Product/Service Description: ________________________________________
_______________________________________________________________
_______________________________________________________________
Name: ______________________________________
NIF: ________________________________________
Start: _________________________________________
Population: _________________________________________
Phone: ____________________________________________
Email: ____________________________________
In accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I am withdrawing from the contract of sale of the good/benefit described above, for which I would appreciate it if you could contact me through the contact information provided, to notify me that this request has been made.
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