This contractual document will govern the General Conditions for contracting 18K gold jewelry (hereinafter, "Conditions") through the website www.ortegajoyas.com and www.ortegajoyas.es, owned by Luis Miguel Ortega Acero under the trademark of ORTEGA, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by Luis Miguel Ortega Acero. It is the responsibility of the USER to read them periodically, since they will be applicable those that are in force at the time of placing orders. Luis Miguel Ortega Acero will archive the electronic document where the purchase is formalized and will have it at the disposal of the USER in case he requests it.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER
- You have read, understand and understand the above.
- He’s a person with enough capacity to hire.
- Assume all the obligations here arranged.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the products that are marketed on this website comply with the regulations of the Spanish legislation. The PROVIDER is not responsible in the case of products that do not comply with the legislation of the countries to which they may have been sent according to the USER’s order. It is the absolute responsibility of users outside Spain to verify the possibility of importing or using the products they request. The user, therefore, assumes all the responsibility derived from the use of our website, being the only one responsible for any direct or indirect effect that on the website is derived, including, without limitation, any economic result, adverse technical and/or legal, as well as the defrauding of the expectations generated by our website, obliging the user to keep the PROVIDER free of any claims arising, directly or indirectly from such events.
The PROVIDER reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the 18K Gold Jewelry contracted by the USER is Luis Miguel Ortega Acero, NIF 28970163F and with customer service telephone 609 818 242.
On the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship created between the PROVIDER and the USER at the time when the USER accepts the corresponding box during the online procurement process.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service..
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the info@ortegajoyas.com email so that the PROVIDER corrects them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.
The USER shall select a username and a password, committing himself to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or the possible access by an unauthorized third party, in such a way that it proceeds to immediate locking.
Once the user account has been created, it is informed that according to the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the procurement procedure will follow the following steps:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Competition.
- Overview of the offer.
- Price and term of validity of the tender.
- Form of payment, expenses and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Guarantees and refunds.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, the execution of an order to the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will make the shipment once the availability of the goods has been confirmed and verified that the payment of the order has been made.
Shipments of goods will usually be made through NACEX and DHL, according to the destination freely designated by the USER.
The delivery period will be between 2 and 6 working days, depending on the destination population and the payment method chosen.
In the case of jewelry under manufacturing order, the estimated delivery time will be communicated at the time of placing the order.
The expected date of shipment and delivery will be communicated before the order confirmation.
Failure to carry out the remote contract
If the contract cannot be performed because the contracted product or service is unavailable within the time limit set, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and therefore no liability for damages attributable to the PROVIDER..
In case of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim the amount from the relevant body, without prejudice to his right to be compensated for the damages suffered in excess of that amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
Therefore, if the shipping data provided by the user is incorrect, the cost of a new shipment will be borne by the customer.
The delivery shall be deemed to have been made at the time when the carrier has placed the goods at the disposal of the USER and the USER, or the delegate of the USER, has signed the document of receipt of the delivery.
The PROVIDER will answer to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of this lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also claim damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER complies with the obligations set out in this contract.
It is up to the USER to verify the products upon receipt and to present all the caveats and claims that may be justified in the document of receipt of the delivery
3. RIGHT OF WITHDRAWAL. RETURNS
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise shall end 12 months after the date of expiry of the initial withdrawal period (article 103 of RDL 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws).
The right of withdrawal shall not apply (art. 103 RDL 1/2007 of 16 November) to contracts concerning:
a) The supply of goods made according to the specifications of the consumer and user or clearly personalized. Items that include customization do not support returns. As they are: Jewellery engraved with letters, names or dates at the customer’s request, for example: wedding rings, rings, slave bracelets, medals, pendants, cufflinks, etc. Custom made jewelry on request
b) The supply of goods that may deteriorate
c) Items that have been misused or tampered with.
d) The supply of sealed goods which are unfit for return for health or hygiene reasons and which have been de-sealed after delivery.
e) The supply of goods which, after delivery and taking into account their nature, have been indissociably mixed with other goods.
If the USER wants to return his purchase or part of his purchase, he must request said return to the email info@ortegajoyas.com indicating the number of the purchase invoice.
Once the return request has been accepted, the USER will receive an email with the procedure to follow and the address to which the product should be sent.
The product will be returned to the PROVIDER in its original packaging, including inside the package the purchase invoice and the corresponding guarantee certificate.
Upon receipt and verification of the status of the returned product, you will be notified by email of the approval of your return. The amount of the purchase will be returned to you in the same way that the payment was made, being effective the return within 6 to 14 working days after the receipt of the article.
The cost of shipping the return is borne by the USER.
The PROVIDER is not responsible for any loss that the product may suffer during the sending of the return by the USER.
In case the return is not made with the original delivery packaging, the cost of 7 € may be charged to the USER. This amount will be deducted from the amount to be refunded to the USER, informing previously through the same communication channel used.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and may be made at the following contact addresses:
- Telephone: +34 609 818 242
- Email: info@ortegajoyas.com
Online Dispute Resolution
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Settlement Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
For any dispute arising from this online sales contract, the Spanish courts shall have jurisdiction. Likewise, the Spanish law (Refunded Text of the General Law for the Defense of Consumers and Users) will be applicable in everything that is not provided for in this contract
5. FORCE MAJEURE
The parties shall not be liable for any fault due to major cause. Fulfilment of the obligation shall be delayed until the end of the case of force majeure.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the purchase.
If any provision of these conditions is held to be null or unenforceable, the validity, legality and compliance of the remainder shall not be affected in any way, nor modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. OVERVIEWOF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of Luis Miguel Ortega Acero or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and shall be shown in EURO/USD/GBP. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making your purchase, you can check all details of the estimate online: items, quantities, price, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the business name that he has informed at the time of placing the order.
The invoice will be sent to the USER in the order shipping confirmation email. You can also download the invoice in PDF format by accessing your client area.
If you want to receive the invoice in paper format, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling 609818242 or by emailing info@ortegajoyas.com.
9. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and he accepts the following ways to pay for an order:
- Credit card. When selecting payment by credit card, ORTEGA uses the PAYMENT GATEWAY services of the financial entity BBVA (online payment gateway, which functions as a virtual point of sale terminal), totally unrelated to ORTEGA, which does not have access to that information
- PayPal
- Bizum
- Bank transfer. Once the payment is confirmed by the administration department, the product will be shipped
The USER may use a discount coupon prior to the completion of the purchase if they have received it from the PROVIDER..
Security measures
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
10. PURCHASE PROCESS
Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
- Confirm billing details.
- Confirm shipping address.
- Select payment method.
- Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Prior to order confirmation, information on the status of the order and the approximate shipping and/or delivery date will be provided.
11. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, where USER fails to comply with the obligations set out in this contract or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
12. GUARANTEES AND REFUNDS
ORTEGA offers its customers only top quality items. All our products are made of 18 karat (750) gold. The measurements and weight that appear in the descriptions of our jewelry are approximate and for guidance only. Due to the uniqueness of jewelry items, as they are partly made by hand, there may be small variations in measurements and weight between the items offered to the customer and those presented on the website:
The photographs are made at the size that allows their best visualization, so they do not correspond to the actual size of the piece.
The customer is informed of the above and gives his consent to these circumstances and differences, without them being a reason for termination of the contract.
The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products which conform to the contract, and is liable to the consumer and user for any lack of conformity which exists at the time of delivery of the product.
Article 115. Scope of application.
- This title covers contracts for the sale of products and contracts for the supply of products to be produced or manufactured.
- The provisions of this Title shall not apply to products purchased through judicial sale, to water or gas, where they are not packaged for sale in a limited volume or set quantity, and to electricity. Neither shall it be applicable to second-hand products acquired at administrative auction which may be attended in person by consumers and users.
Article 116. Conformity of products with the contract.
- Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
- a) They comply with the description given by the seller and possess the qualities of the product which the seller has held out to the consumer as a sample or model.
- b) They are fit for the purposes for which such products are usually intended.
- c) They are fit for any special use required by the consumer and user if they have informed the seller of this when the contract is executed, provided that they have accepted that the product is fit for such use.
- d) They show the quality and performance which are normal in products of the same type and which the consumer and user can reasonably expect, given the nature of the product and taking into account any public statements on the specific characteristics of the products made about them by the seller, the producer or his representative, particularly in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was not aware and could not reasonably be expected to be aware of the statement in question, that the statement had been corrected at the time of the conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
- Non-conformity resulting from incorrect installation of the product will be deemed equivalent to non conformity of the product when the installation is included in the sales or supply contract regulated by Article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
- No liability shall arise for lack of conformity which the consumer or user was aware of or could not reasonably have been unaware of at the time of conclusion of the contract or which arises from materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title shall be incompatible with the exercise of the actions derived from the reorganisation due to hidden defects in the purchase and sale. In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages resulting from the lack of conformity.
Article 118. Responsibility of the seller and rights of the consumer and user.
The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract terminated, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
- If the product is not in accordance with the contract, the consumer and user may choose to demand its repair or replacement, unless one of these options is objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the chosen option, both parties must abide by it. The consumer and user’s decision is without prejudice to the provisions of the article below, in the event that the repair or replacement fails to bring the product into compliance with the contract.
- Any form of remedy that imposes unreasonable costs on the seller in comparison with the other form will be considered disproportionate, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be considerably higher than the costs for the other form of remedy.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall comply with the following rules:
a) They will be free of charge for the consumer and user. This shall include the necessary costs incurred in remedying the non-conformity of the products with the contract, in particular shipping costs, as well as labour and material costs.
b) They shall be completed within a reasonable time and without any significant inconvenience to the consumer and user, taking account of the nature of the products and the purpose for which the consumer and user required them.
c) Repairs suspend the time periods referred to in Article 123. The suspension period shall begin from the time the consumer and user makes the product available to the seller and shall end with the delivery of the repaired product to the consumer and user. During the six months following the delivery of the repaired product, the seller will be liable for the faults that led to the repair, being presumed to be the same faults when defects of the same origin as those initially stated are reproduced in the product.
d) If once the repair has been concluded and the product has been delivered, it still does not comply with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the cancellation of the contract under the terms envisaged in this chapter.
e) Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. The second paragraph of Article 123.1 shall in any case apply to the replacement product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand that the product be repaired, unless this option is disproportionate, the reduction of the price or the cancellation of the contract under the terms provided in this chapter.
g) The consumer and user may not demand substitution in the case of non-fungible products, or in the case of second-hand products.
Article 121. Price reduction and contract termination.
The price will be reduced and the contract terminated, at the choice of the consumer or user, if the latter is unable to demand repair or replacement and if these have not been carried out within a reasonable time or without major inconvenience for the consumer and user. The decision shall not apply when the non-conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that he shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning. In no case shall they be liable for the diminished value of the goods if the entrepreneur has not informed them of their right of withdrawal in accordance with Article 97.1.i).
Article 122. Price reduction criteria.
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it been in compliance with the contract and the value of the product actually delivered at the time of delivery.
Article 123. Timing.
- The seller shall be liable for any non-conformity which becomes apparent within two years of delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
- Unless proved otherwise, any lack of conformity which becomes apparent within six months of the delivery of the product, whether new or second-hand, shall be presumed to have existed at the time when the goods were delivered, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
- Unless proven otherwise, delivery shall be considered to have occurred on the day indicated on the invoice or purchase ticket, or on the corresponding delivery note if this is later.
- The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. Similarly, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary evidence of the delivery, including the date of delivery and, where appropriate, the repair carried out.
- The action to claim compliance with the provisions of chapter II of this title shall expire after three years from the delivery of the product.
- The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not imply the loss of the right to the corresponding remedy, the consumer and user being responsible, however, for the damages or losses actually caused by the delay in communication.
Unless proven otherwise, it shall be understood that the consumer and user has communicated the non-conformity within the established period.
Article 124. Action against the manufacturer.
If it is impossible or too inconvenient for the consumer and user to contact the seller regarding the non-conformity of the products covered by the contract, they may claim directly from the manufacturer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the producer’s liability shall cease, for the purposes of this title, within the same periods and under the same conditions as those laid down for the seller, the manufacturer shall be liable for the lack of conformity when it concerns the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them.
Whoever has responded to the consumer and user will have a period of one year to repeat the complaint against the person responsible for the lack of conformity. This period is calculated from the time when the problem is remedied.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in matters not expressly established. Any controversy that may arise from the provision of the products or services object of these Conditions will be submitted to the courts and tribunals of the USER's domicile or the place of fulfilment of the obligation.