This document contains the “Term and Conditions” that govern the use of this website and the Contract between the two of us, yourself and Arantza Gorostidi. These Terms and Conditions set out the rights and obligations of all users and Arantza Gorostidi regarding the products / services offered through this website or any other website to which we may redirect via a link, hereinafter collectively known as “Services of ArantzaGorostidi.com”. We ask you to read these conditions and our “Privacy Statement” carefully before clicking on the button “Authorise Payment” to place an order. By using this website or placing an order through it, you agree to be bound by these “Terms and Conditions” and our “Privacy Statement” so, if you do not agree with all the “Terms and Conditions” and the “Privacy Statement” you should not place any orders.
These “Terms and Conditions” could be modified, so you should read them before placing an order.
USE OF OUR WEBSITE
These Terms and Conditions are the only terms and conditions applicable to the use of this website and supersede any other, unless express prior written consent of the Seller is granted. These Terms and Conditions are important both for you and for us since they have been designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a company. You state that, when ordering, you have read and accept without reservations these Terms and Conditions.
You accept that:
- You shall only be able to use the website to make legitimate inquiries or orders.
- You cannot make any speculative, false or fraudulent orders. If we have reasonable grounds to believe that an order of this kind has been placed, we have the right to cancel it and inform the relevant authorities.
- You are also required to give us in a true and correct way your email address, mailing address and / or other contact details and acknowledge that we may use this information to contact you if necessary (see our “Privacy Statement”).
- If you do not give us all the information we need, we will not be able to process your order.
By placing an order through this website, you guarantee that you are over 18 and are legally able to enter into binding Contracts.
he items offered through this website will be available internationally.
HOW THE CONTRACT IS FORMALISED
This information and the details contained in this website do not constitute an offer to sell, but an invitation to do business. There will be no Contract between you and us in relation to any product until your order has been accepted by us (even if your account has already been charged). If your offer is not accepted and your account has already been charged, the amount thereof shall be reimbursed in full.
To place an order, you must follow the shopping process online and click “Authorise Payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer that you have made to us to buy one or more products. All orders are subject to acceptance and we shall confirm such acceptance by sending an email in which we confirm that the product is being shipped (the Shipping Confirmation). The Contract for the purchase of a product between us (Contract) shall only be formalised when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation shall be under Contract. We are not obliged to supply any other products that may have been ordered until we confirm dispatch of the same in a separate Shipping Confirmation.
AVAILABILITY OF PRODUCTS
All product orders are subject to the availability of the same and therefore if difficulties occur in supply as there is only 1 unit of each model, or if the product is no longer in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you can order. Should you not wish to order such substitute products, we will reimburse any amount that you may have paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content. Although we will always try to process all orders, there may be exceptional circumstances that require us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do it at any time at our sole discretion.
We will not be liable to you or to any third party due to the withdrawal of any product from this website, regardless of whether the product has been sold or not, the removal or modification of any materials or website content, or for refusing to process an order once we have sent you the Order Confirmation.
RIGHT TO CANCEL THE PURCHASE
Items may be exchanged for others of an equal or higher cost. Arantza Gorostidi does not issue refunds, it only allows exchanges for items of equal or greater cost, within 15 days of the date of purchase. You can exchange the product for another of equal or greater value within 15 days of receipt of the order.
To exchange an item, you must first contact Arantza Gorostidi to be given the address for the return shipment, which must be sent in its original packaging. The shipping costs will be the responsibility of the client.
Deliveries will be made through the CORREOS courier company.
The delivery of shipments to Spain, mainland Portugal and Andorra is 3 working days with home delivery or delivery to the nearest post office, and shipping costs will be €8, €12 to Balearic Islands and €30 to Canary Islands, Ceuta and Melilla.
For shipments within the EU the delivery time will be 10/15 working days, with home delivery or to the nearest delivery point and shipping costs will be €25.
For all other shipments Arantza Gorostidi will contact you to ensure the viability of shipping and the best way to deliver the purchased piece of jewellery. In the event that in the receiving country additional taxes are levied, you will be informed prior to the purchase and if you accept the conditions you will bear these expenses.
Delivery times are approximate and do not represent a commitment because they can vary depending on factors beyond Arantza Gorostidi’s powers.
In the event that any piece of jewellery is sent late, you will be informed of the situation and the delivery time would be modified. You will also be able to cancel the purchase and will be reimbursed 100%.
Please note that in any case we do not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, it is understood that there has been “delivery” or the product/s have been “delivered” at the time of signing the receipt thereof at the agreed delivery address.
PASSING OF RISK AND PROPERTY
The risks of the Products will be your responsibility from the moment of delivery.
You will acquire the ownership of the goods when we receive full payment of all amounts due in connection therewith, including shipping charges, or upon delivery (as defined in Clause 8), if this were to take place at a later time.
PRICE AND PAYMENT
The price of the products will be that stipulated at all times on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may still occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be cancelled and you will receive a full refund of the amount paid.
We will not be obliged to supply the product/s at the incorrect lower price (even if we have sent the Shipping Confirmation) if the pricing error is obvious and unmistakable and could have been recognised in a reasonable way by you as an incorrect price.
The products on the website include VAT and exclude shipping costs. Shipping costs will be added to the order confirmation where the total amount, which is the sum of the products with their respective VAT and shipping costs, shall also be indicated.
The final purchase price will be that resulting from the application of the taxes plus the shipping fees.
Prices may change at any time, but (except as set out above) changes will not affect orders for which we have already sent a Shipping Confirmation.
Once you have finished shopping, all the items you wish to purchase will have been added to your basket and the next step will be to process the order and make payment. To do so:
- Click on the “Proceed to Payment” button at the bottom of the basket page.
- Fill in or check the contact details, the details of your order, the address to which you would like the order to be sent and the address to which the bill will be forwarded.
- Choose the payment method that you want to use to make the purchase (credit card or PayPal) and enter the appropriate information.
- Accept the “Terms and Conditions”.
- Click the “Place Order” button.
You can pay by Visa card or PayPal. To minimise the risk of unauthorised access, data from your credit card will be encrypted. Payment should be authorised at the time of placing the order, the total order amount shall be owed at the moment of confirming your purchase and you have accessed the payment gateway linked to your bank.
By clicking on “Authorise Payment” you are confirming that the credit card is yours.
CECA (Confederación Española de Cajas de Ahorros) is used to ensure payment is made safely.
Credit cards are subject to validation checks and authorisation by the issuer of the same, but if said issuer fails to authorise payment, we are not responsible for any delay or non-delivery and we will not be able to formalise any Contract with you.
VALUE ADDED TAX
Under current legislation, any purchase made through the website will be subject to Value Added Tax (VAT), which will be applied at the rate in effect at the time of delivery.
In terms of sales to other member states of the European Union, in accordance with the current legislation on distance sales, deliveries shall be construed as localised and taxed in Spain, when the recipient is an individual and is established in another member state.
With regard to orders to the Canary Islands, Ceuta and Melilla, deliveries would be exempt from VAT without affecting the application of taxes and custom duties pursuant to the regulations in force in each of them.
The customer is entitled to terminate the Contract under the terms provided in the revised text of the General Law for the Protection of Consumers and Users within seven working days of receipt of the item.
To formalise the termination the customer must return the product and its original packaging in perfect condition to Arantza Gorostidi within that period, accompanied by a communication stating their wish to terminate the Contract, their details and those of the Contract whose termination is intended, or if necessary, a return form stating their intention to terminate.
Once the termination has been formalised and the item returned with its original packaging, we will refund the money as soon as possible, and in any event within 30 days of the termination.
You can only exchange an item for another of equal or greater price paying the difference within the first 15 days of receiving the item. Notwithstanding the right of termination, the cost of purchases is not reimbursed except for defect or damage, although before sending an item, it is carefully checked to avoid such circumstances.
Should you wish to exchange or return an item you must send it to the address provided by Arantza Gorostidi, along with its original packaging. The shipping cost will always be the responsibility of the client. We recommend shipment by a courier company due to the type of product. No exchanges or returns of items with postage due will be accepted.
If you have any questions, you can contact us through our contact form or telephone +34652759670 / +33(0)559203208
Due to manufacturing defect of the product:
In this case you will make contact with Arantza Gorostidi within 72 working or non-working hours after receipt of the shipment by email, giving a description of the defect in as much detail as possible. After accepting the return and after the manufacturing defect is confirmed, you will receive 100% refund of the amount paid to buy the piece of jewellery, as well as the return shipping costs. Arantza Gorostidi reserves the right to consult with an expert and certify the manufacturing defect. For your return to be accepted, the pieces of jewellery should show no signs of use, no sign of any damage and have their original packaging, all in perfect condition.
Due to damage or error during transport:
If at the time of delivery it is visible and clear that, without having to manipulate the shipping packaging or that of the product itself, a product has defects caused by damage in transit, or in the same way it is apparent that an error has been made in the goods received, the client must communicate this by email to Arantza Gorostidi within 24 hours following the receipt of the order to enable action to be taken against the courier company.
LIABILITY AND DISCLAIMER OF LIABILITY
Our liability in connection with any Product purchased on our website is strictly limited to the purchase price of said Product. Nothing in these Terms and Conditions shall exclude or limit in any way our liability:
- In case of death or personal injury caused by our negligence;
- In case of fraud or fraudulent misrepresentation;
- In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
All product descriptions, information and materials on this website are provided “as are” without express, implied or otherwise derived guarantees.
The guarantee of the pieces of jewellery is unlimited.
To process the product warranty you just have to contact the store by email or by phone if you prefer.
All pieces of jewellery we sell are made of silver and precious metals, each of which is perfectly described in the display. However, you can make inquiries about them via email or phone if you prefer to obtain any information and request any pre-order modification. Each piece of jewellery is unique and there are no copies.
All pieces of jewellery are guaranteed against manufacturing defect. The absence of signs of industrial production will not be considered manufacturing defect because these are hand-made pieces of jewellery.
The guarantee does not cover damage or defects caused by abuse or neglect, it is also void if the piece is modified or any of its elements is replaced.
Pieces under warranty cannot be refunded except in the case of manufacturing defects.
The products we sell, especially products with natural stones and precious stones, can often show the characteristics of the natural materials used in their manufacture. These characteristics, such as varying colours, will not be considered defects or flaws. Instead, their presence should be counted upon and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions of this clause do not affect your statutory rights as a consumer, nor your right to cancel the Contract.
You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website correspond to us at all time or to whomsoever licensed them to us for use. You may use this material only in the way expressly authorised by us or whomsoever licensed them to us for use. This shall not prevent you using this website to the extent necessary to copy the information about your order or Contact details.
Applicable laws require that some of the information or communications we send will be in writing. By using this website, you agree that most communication with us shall be electronic communications. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically comply with legal requirements of written communications. This condition shall not affect your statutory rights.
Notifications that you send us should be made through our contact form. Pursuant to Clause 16 and unless otherwise stipulated, we may send you communications either by email or to the address provided by you when placing an order.
It shall be understood that the notifications have been received and have been properly made at the moment they are posted on our website, 24 hours after having sent an email, or three days after the date of posting any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the right address, was properly stamped and was duly delivered to the post office or placed in a letter box, or in the case of an email, that it was sent to the email address specified by the recipient.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding for you and us and our respective successors, assignees and successors in title.
You may not pass on, assign, cede or otherwise transfer a Contract or any rights or obligations arising from it to your favour or to yourself, without our prior written consent.
We may pass on, assign, cede, sub-contract or otherwise transfer a Contract or any rights or obligations arising from it in our favour or for ourselves, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, cessions or other transfers will not affect the rights you have as a consumer recognised by law, nor will cancel, reduce or otherwise limit guarantees whether express or implied, that we may have granted you.
EVENTS BEYOND OUR CONTROL
We will not be responsible for any failure or delay in fulfilling any of our obligations under a Contract caused by events outside our reasonable control (“Force Majeure”).
Force Majeure Events include any act, event, lack of exercise, omission or accident beyond our reasonable control and include in particular (without limitation) the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
- Inability to use public or private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strike, maritime, river, postal or any other type of transport failure or accidents.
It shall be understood that our compliance obligation under any Contract is suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to fulfil our obligation for the duration of that period. We will make reasonable efforts to bring the Force Majeure situation to an end or to find a solution by which our obligations under the Contract can be met despite the Force Majeure.
If we stop insisting, during the term of a Contract, on the strict fulfilment of any of its obligations assumed in virtue of the same or any of these Terms and Conditions, or if we stop exercising any of the rights or remedies that we were entitled to exercise or bring under this Contract or these Terms and Conditions, this fact shall not constitute a waiver of such rights or remedies, nor will it relieve you from compliance with such obligations.
The waivers we make to demand compliance will not constitute a waiver on our part to demand later compliances.
No waiver on our part of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on notifications above.
If any of these Terms and Conditions or any provisions of a Contract shall be invalid, illegal or unenforceable in some measure by the competent authority, it shall be severed from the remaining Terms, and Conditions and provisions, which shall remain valid in so far as permitted by law.
INTEGRITY OF THE CONTRACT
These Terms and Conditions and any document expressly referred to in them represent the entire Contract between you and us regarding the subject of the Contract, and supersede any prior pact, agreement, prior promises agreed between you and us verbally or in writing.
Both parties recognise having agreed to formalise this Contract without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in negotiations by the two before said Contract, except that which is expressly referred to in these Terms and Conditions.
Neither you nor we have any recourse against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had been made fraudulently) and the only recourse the other party shall have shall be for breach of in accordance with that stated in these Conditions.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to review and amend these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you order, unless a law or governmental bodies should make changes in those policies, Terms and Conditions or “Privacy Statement”, in which case any changes will also affect the orders you have previously made.
APPLICABLE LEGISLATION AND JURISDICTION
There are a number of methods of caring which, simply, will extend the life of your Arantza Gorostidi piece of jewellery. For example, we suggest that your Arantza Gorostidi piece of jewellery is removed before activities that could damage it, such as sporting activities. Try to avoid contact between your Arantza Gorostidi piece of jewellery and cosmetics and / or household products as they sometimes contain ingredients that can damage the colour of your pieces of jewellery.
To clean, soak your pieces of jewellery for a few minutes in warm soapy water. Make sure it is a neutral pH soap. Rub gently with a soft toothbrush. Gently rinse with warm water and then pat dry with a chamois leather or soft cloth. Check the closures frequently.
Do not expose Arantza Gorostidi pieces of jewellery to sudden changes in temperature. For proper maintenance, it is preferable to keep Arantza Gorostidi products individually in their original cases, which are designed to protect your pieces of jewellery. If you choose a jewellery case, try to keep them in a separate compartment from other pieces. Try to keep chains closed and placed flat to prevent the formation of knots.
If you have any questions, you can contact us by email at email@example.com or by calling 652759670 from Monday to Friday from 15:30 to 22:00 h.
COMMENTS AND SUGGESTIONS
Your comments and suggestions will be very welcome. Please send all feedback and suggestions through our “Contact Form”.
Customer service from Arantza Gorostidi Jewels is permanent and committed to answer any communication within 24 hours in the case of a purchase made or any other question about a purchase to be made. Likewise, customer service covers any questions about the functionality and styling of the piece of jewellery in question or any possible alterations for the total satisfaction of the customer’s taste and convenience.