Specific conditions of the international online sales agreement
These Specific Conditions of the Purchase Agreement are applicable to online sales made through the website www.estudiociento2.com (WEBSITE) whose ownership corresponds to MIGUEL D. DE DIEGO MELARA residing in C/ San Luis nº 70, Puerta 21, 41003 de SEVILLA con NIF, TO CUSTOMERS WHO LIVE OUTSIDE SPAIN, ANDORRA, GIBRALTAR AND PORTUGAL. It pertains to international sales. For sales in Spain, Andorra, Gibraltar and Portugal, the national online sales conditions will be applicable.
If the customer uses the services offered on the WEBSITE, this means, in all events, that they accept these Specific Conditions of the Online Purchase Agreement, in the version published by ESTUDIO CIENTO2, at the time they place their order. Consequently, the customer is advised to read these Specific Conditions before they make a purchase, in addition to the general terms and conditions of use of the WEBSITE.
We also ask the customer to read our Privacy Declaration before placing their order. By using this WEBSITE, or placing an order through the WEBSITE, the customer consents to be bound by these Conditions and by our Privacy Declaration, which means that, if you are not in agreement with all the Conditions and with the Privacy Declaration, you should not place any orders.
- SUBJECT MATTER OF THE AGREEMENT
These specific conditions pertaining to online purchases are applicable to the purchase of any products offered on the WEBSITE made by customers whose delivery address is OUTSIDE SPAIN, Andorra, Gibraltar and Portugal.
The prices of all jewelry and accessories are given on the website on the date when the order is placed. The prices are detailed on each item and include taxes and statutory fees. The amounts of any delivery costs and any other services are also given, and they will be broken down and shown to the customer when they place their order. In the event there should be any importation taxes in the country where the customer lives, the customer will be required to pay them.
The service for making purchases through the WEBSITE regulated in these Specific Conditions allows the purchase of products and services only by customers aged 18 and over and resident in the countries mentioned in section 3.2 (Delivery).
ESTUDIO CIENTO2 reserves the right to cancel the customer’s access account if it should detect any activity involving fraud, speculation or bad faith in their use of this service.
ESTUDIO CIENTO2 will amend and update, where it deems appropriate, items and prices based on the company’s commercial criteria, although any changes will not affect products that have been accepted.
All product orders are subject to product availability and, in this regard, if any difficulties should arise regarding their supply, or if no items remain in stock, we reserve the right to provide information regarding substitute products with the same or higher quality and at the same or a higher price, and the customer may order these. If the customer does not wish to order these substitute items, we will refund any amounts they may have paid.
- CONTRACTING PROCEDURE
This information and the details contained on the WEBSITE do not constitute a sales offer, but instead, an invitation to trade. There will be no agreement between the customer and ESTUDIO CIENTO2 with regard to any products until the order has been expressly accepted by ESTUDIO CIENTO2 (even if the customer’s account has already been charged). If the offer is not accepted and any amount has been charged on the customer’s account, the amount of such charge will be returned in full.
In order to place an order, the customer should follow the online purchase procedure and click on «PLACE ORDER». After this, you will receive an email acknowledging receipt of your order (Order receipt). The customer should remember that this does not mean that their order has been accepted, since their order is no more than an offer to ESTUDIO CIENTO2 to buy one or more products. All orders are subject to the acceptance of ESTUDIO CIENTO2, which will confirm, upon receipt of the payment for the product, such acceptance by sending a new email informing the customer that the purchase is accepted and completed for delivery (Order is complete). The agreement to purchase a product between ESTUDIO CIENTO2 and the customer (Agreement) will be formalised only once the Shipment Confirmation has been sent to the customer.
Only products listed in the Shipment Confirmation will be subject to the Agreement. ESTUDIO CIENTO2 will not be required to supply any other products that the customer may have ordered until it confirms that these products have been sent through a separate Shipment Confirmation.
In exceptional circumstances, it is even possible (pursuant to Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing) that ESTUDIO CIENTO2 could find itself required to refuse to process an order even after having sent the order Confirmation. ESTUDIO CIENTO2 reserves the right to do this at any time, at its sole discretion.
- UNDERTAKINGS OF THE PARTIES
The price of the products will be as stipulated, from time to time, on the WEBSITE, except in the event of a clear error. Even though ESTUDIO CIENTO2 attempts to make sure that all prices shown on the WEBSITE are correct, errors may arise. If ESTUDIO CIENTO2 should discover an error in the price of products that the customer has ordered, ESTUDIO CIENTO2 , after informing the customer as quickly as possible, will give the latter the option to reconfirm their order at the correct price, or cancel it. If ESTUDIO CIENTO2 should be unable to get in touch with the customer, the order will be deemed to have been cancelled and the customer will receive a full refund for any amounts paid. ESTUDIO CIENTO2 is not required to supply products (even if it has sent the Shipment Confirmation) if the price error is obvious ad unmistakable and it is reasonable to believe that the customer could have identified it as an incorrect price.
The prices of ESTUDIO CIENTO2 products may vary, but (with the exception of the provisions hereinabove) any possible changes will not affect orders where a Shipment Confirmation has already been sent.
In view of the characteristics of online purchases, the price of the products shown on the WEBSITE refers solely and exclusively to purchases made on the WEBSITE, and the price does not have to coincide with the public sale price at ESTUDIO CIENTO2 establishments. Pursuant to the above, the price set out on the WEBSITE will be considered binding only for online purchases and in no way will it bind ESTUDIO CIENTO2 establishments.
The prices on the WEBSITE include taxes and statutory fees, but they exclude delivery costs, which will be added to the total amount owed and shown to the customer as a breakdown of costs.
Once the customer has done their shopping, all the items they wish to buy will have been added to their shopping basket and the next step will be to process the order and make payment. To do this, the customer should follow six steps:
- Click on “ADD TO BASKET” at the top of the page, to add the products they wish to buy.
- Next, click on “PROCEED TO CHECKOUT”.
- The customer should fill in and check their contact information, order details and the address where they want the order to be sent.
- They should then choose the payment method they want to use to make their purchase (credit card or PayPal) and enter the corresponding information.
- They will be asked to accept the “Terms and Conditions”.
- They should then confirm the purchase by clicking “PLACE ORDER”.
- The customer can pay using Direct Bank Transfer or PayPal (includes paypal account or Bank Card payments) To minimise the risk of unauthorised access, the customer will be redirected to the virtual payment gateway screen/PayPal where they will be asked to authorise payment of the order. When the customer clicks on “Authorise Payment”, they are confirming that the credit card belongs to them.
- Credit cards will be subject to checking and authorisation by the issuing entity. If this entity does not authorise the payment, ESTUDIO CIENTO2 will accept no liability for any delays or failure to deliver and, as a last resort, for refusing to formalise the sales agreement with the customer.
Shipment will take place through different companies or CORREOS (Sociedad Estatal Correos y Telégrafos, S.A.) which are third party to ESTUDIO CIENTO2, and which undertake to deliver the product the customer has bought at the delivery address within the following time frames.
Generally speaking, the delivery term will be:
- 5–9 days for shipments in the EU (including Iceland, Norway and Switzerland);
- 7–10 days for shipments to all other European countries outside the EU;
- 15 days for shipments to the rest of the world.
Delivery may take longer for one of the following reasons:
- product personalisation;
- one-off items;
- unforeseen circumstances not attributable to ESTUDIO CIENTO2 ;
- product out of stock.
- If, for some reason, we should be unable to comply with the delivery date, we will advise the customer of this circumstance and they will be given the option to continue with the purchase, establishing a new delivery date, or to cancel the order, with full refund of the amount paid. It is essential to remember that, in any event, deliveries will not take place on Saturdays or Sundays.
- For the purposes of these Conditions, we will consider that a product delivery has taken place or that the product has been delivered when the receiver signs the acknowledgement of receipt at the agreed delivery address.
- In the event that customs should withhold the package, the consignee will be liable for paying the processing costs. This condition is accepted on making the purchase. In the event that the item reaches its destination and the customer refuses to pay the customs and processing fees, this amount will be discounted from the product return.
- In no event will ESTUDIO CIENTO2 bear the cost of customs processing or of any taxes derived from this.
- All risks derived from the Products will be borne by the customer from the time of delivery.
- The customer will become the owner of the products once full payment for all amounts owed related to them, including delivery costs, has been received.
The customer has the right to withdraw from the agreement within FOURTEEN (14) calendar days following receipt of the product.
In order to formalise this withdrawal, the customer should write to the email address firstname.lastname@example.org, within the aforementioned time frame, and send the returns form that is included at the end of this section, stating that they wish to withdraw, and giving their details (including their account number) and the details of the agreement they wish to withdraw from.
For the purposes of returns, the customer will be required to send, using their closest courier service, the product and its original packaging, in perfect conditions, within the term of fourteen (14) calendar days after the date on which they give notice of their decision to withdraw from the agreement, to the following address: ESTUDIO CIENTO2, C/ San Luis, nº 70 – Puerta 21. 41003 – SEVILLA (Spain).
Once the withdrawal has been formalised and the item returned with its original packaging, the amount paid will be refunded as quickly as possible and, in any event, within fourteen calendar days following the time when ESTUDIO CIENTO2 is notified of the customer’s withdrawal.
All payments received will be returned to the customer, including delivery costs, where applicable. The refund will be made using the same method as the one used to pay for the purchase.
The costs of returning the product are to be borne by the customer.
The customer will receive a withdrawal form with their order. But, in the event it should be needed, the information the form must contain is as follows:
For the attention of ESTUDIO CIENTO2, C/ San Luis, nº 70 – Puerta 21. 41003 – SEVILLA (Spain).
- I am hereby notifying you that I am withdrawing from our sales agreement (order details) with regard to the following product(s): (description as shown on the website).
- Ordered on ………… and received on ………….
- Customer’s name:
- Customer’s address:
- Customer’s signature:
- EXISTENCE OF GUARANTEE
ESTUDIO CIENTO2 offers its customers products of the highest quality.
In view of the special characteristics of the products that ESTUDIO CIENTO2 sells on its WEBSITE, there are slight differences between each product acquired. This is primarily owing to the singularity and exclusivity of all the materials used to manufacture them, in a largely artisan process. Consequently, there are no two products from ESTUDIO CIENTO2 that are exactly the same and, in any event, it is inevitable that the product delivered to the customer will differ slightly from the one shown in the photographs that form part of the purchase process on the WEBSITE (even if it were the same product). In no event do these differences mean that the customer is receiving products with lower-quality materials than those expressly mentioned on the WEBSITE. Furthermore, the customer is informed and is aware that the sizes of the photographs contained on the WEBSITE do not correspond to the real sizes of the ESTUDIO CIENTO2 products offered.Consequently, the customer is informed of, and expressly consents to, these circumstances and differences, and these may not be grounds for termination of the Agreement.
In any event, notwithstanding the provisions at the start of this section, any ESTUDIO CIENTO2 products the customer may acquire via the purchase process established on the WEBSITE come with the legal guarantee applicable to consumer goods, which means that they are in accordance with their description on the WEBSITE and these Specific Conditions.
ESTUDIO CIENTO2 is liable for conformity breaches that are declared within a term of one years following delivery. The consumer is to advise the seller of any conformity breach within the term of two months of becoming aware of it. Any breach of this term will not lead to loss of the right to correction that corresponds to the customer, but, they will be liable for any loss and damage that may be caused by the delay in the communication. In any event, any imperfections caused by inappropriate use are excluded from the guarantee, in addition to all those that are excluded, in general, by the European Union legislation in force.
- CUSTOMER SERVICES
6.1. Acquirers of ESTUDIO CIENTO2 products may submit any complaints or claims to the following addresses: info@estudiociento2 or ESTUDIO CIENTO2, C/ San Luis, nº 70 – Puerta 21. 41003 – SEVILLA (Spain).
ESTUDIO CIENTO2 will not bear the costs of deliveries to the post-sales service.
6.2. Basic care
There is a series of easy steps for continual maintenance that will lengthen the life of your ESTUDIO CIENTO2 jewelry. For instance, we advise you to remove your ESTUDIO CIENTO2jewelry when you do activities that may damage it, such as sport. Try to prevent your ESTUDIO CIENTO2 jewelry from coming into contact with cosmetic and/or domestic products, since they sometimes contain ingredients that can damage the metal colour of your jewelry.
For cleaning, soak your jewelry in warm soapy water for a few minutes. Make sure you use a pH-neutral soap. Scrub it gently using a soft toothbrush. Carefully rinse it, using warm water, and then dry it, using a chamois cloth or soft rag. It is highly recommended the use of hot air for the drying of the ESTUDIO CIENTO2 jewelry (a hair dryer, for example). Check fastenings frequently.
Do not expose ESTUDIO CIENTO2 jewelry to sharp changes of temperature. For correct conservation of ESTUDIO CIENTO2 products, it is best to keep them separately, in their original cases, which are designed to protect your jewelry. If you prefer to use a jewelry box, try to keep them in compartments, separate from other pieces. Try to keep chains fastened and lay them out flat, to avoid knots forming.
If you have any questions, you can get in touch with us by sending an email to info@estudiociento2 or by calling +34 606 969 538, from Monday to Thursday, from 10am to 7pm, and on Friday, from 10am to 2pm (Madrid time).
- COMPETENT JURISDICTION AND APPLICABLE LAW
The Spanish courts will have jurisdiction over any disputes derived from this online sales agreement. Furthermore, Spanish law (The Revised Text of the General Consumer and User Protection Law) will be applicable to anything not provided for herein.
The European Commission offers a platform for alternative conflict resolution, which can be accessed at: http://ec.europa.eu/consumers/odr/
ESTUDIO CIENTO2 does not form part of any association or organisation that offers a system for out-of-court conflict resolution.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents (including graphic design, source code, logos, texts, graphics, illustrations, photographs, trade names, trade marks and distinctive signs and any other elements that appear on the WEBSITE) belong exclusively to ESTUDIO CIENTO2 or third parties, unless expressly stated otherwise.
No intellectual or industrial property rights over the WEBSITE or over any of the elements that comprise it are assigned to the customer, and the customer is expressly prohibited from reproducing, transforming, distributing, communicating publicly, making available, extracting, reusing, resending and using in any way, by any means or procedure, any of them, except in the events that are legally permitted or with the authorisation of the owner of the corresponding rights.
The customer may view and obtain a temporary private copy of the contents for their exclusive personal, private and non-collective use, on their computer systems (software and hardware), as long as this is not done with the purpose of engaging in collective activities, or activities of a commercial or professional nature. The customer is to refrain from obtaining, or attempting to obtain, the contents using means or procedures other than the ones that, in each case, have been made available to them or suggested for the purpose, or those used habitually on the Internet (as long as the latter do not entail a risk of damaging or disabling the WEBSITE). At all times, the customer is to respect all intellectual and industrial property rights over the WEBSITE belonging to ESTUDIO CIENTO2 and third parties.
In all events, ESTUDIO CIENTO2 reserves the right to amend, from time to time and without the need for prior notice, the presentation and configuration of the WEBSITE, and these Specific Conditions.
- AVAILABILITY OF THE ONLINE PURCHASE SERVICE
The service will be available permanently, twenty-four (24) hours a day. ESTUDIO CIENTO2 informs the buyer that anomalies or interruptions may arise in the availability or functioning of the service for causes not attributable to ESTUDIO CIENTO2 (technical problems of Internet providers, telecommunications, problems in the buyer’s terminal, etc.), which means the time needed to make the purchase may be prolonged.