ARTICLE 1 : SUBJECT
The present general conditions of sale specify the rights and obligations of the buyer towards the products sold in the electronic catalogue andresgallardo.es, as part of a distance selling system.
The contract established in the event of an effective order within the framework of and according to the terms outlined in the current general conditions of sale, results from the regulations of distance selling, such as they are notably the result of the Consumer Code, as well as the specific measures outlined below.
An order implies the irrevocable adherence to the general conditions of sale.
The client claims to have the capacity to conclude the present contract, that is, to have the legal majority and to not be under guardianship or legal guardianship.
ARTICLE 2 : IDENTIFICATION OF THE AUTOR OF THE OFFER
The author of the offer is:
ANDRESGALLARDO – Casal y Gallardo SL
Head office: Conde de Romanones 5 local Int Dch, 28012 Madrid
Customer service: firstname.lastname@example.org
ARTICLE 3 : PRODUCTS
The products for sale are those which feature on the website andresgallardo.es on the day that the client consults the site.
andresgallardo.es does not sell any products which are faulty or of a quality inferior to the standards offered on the market.
Some of our pieces are single originals
We draw the client’s attention to the fact that the photographs showing our products may turn out to be slightly different from reality due to the client’s screen settings and the lighting when the photos were taken.
Furthermore, as it concerns hand-crafted creations, the articles may present ‘finishing’ irregularities, differences in size and/or colour inherent to this type of fabrication which cannot be considered to be major defects. The responsibility of the seller cannot be called into question, the validity of the order can not be affected by the above.
In all eventualities, the presentation photos of the products on offer in the electronic catalogue andresgallardo.es are not contractual, and they cannot make the seller liable to the buyer.
ARTICLE 4 : PRICES
The prices displayed are indicated in euros, all Spanish taxes included, excluding delivery expenses, order processing expenses and wrapping expenses.
The price must be paid in full when placing the order. The buyer reserves the right to modify at any time the sale price which appears on the electronic catalogue.
In the case of a product delivery outside of the Spanish territory, the border crossing tariffs and formalities are the exclusive responsibility of the client, unless otherwise specified. The client therefore promises to check the importation possibilities of ordered products in relation to the territory of the country of delivery.
ARTICLE 5 : ORDERS
The buyer will need to identify himself or herself by filling in the order form offered by the website and follow the instructions
After having checked the content of the order, as well as its total cost (products ordered, forwarding fees, optional choices), and corrected possible errors, the buyer will then confirm it definitively. This confirmation is tantamount to the conclusion of the contract.
Once the contract has been concluded andresgallardo.es will send a receipt of the order to the buyer, by e-mail, containing a summary of the information registered on the order form.
ARTICLE 6 : MEANS OF PAYMENT
To pay the prices of the products and the forwarding fees, the buyer is to follow the terms indicated on the order form.
The payment for purchases can only be made by credit card, bank card or Paypel. The buyer will need to transmit his or her bank card number, according to card type, the expiry date of the card, as well as the security number (3 figure number which is at the back of the bank card).
The buyer guarantees to the seller, during the validation of his or her order form, that his or her situation is legal in regard to the payment card issuer.
The financial information will be transmitted, by means of an encryption protocol, to PAYPAL or to other banks providing services related to electronic distance payments, without third parties being able to have access to it.
ARTICLE 7 : DELIVERY
The ordered product is delivered by post or by an independent transporter, depending on the nature of the ordered product, and by the exclusive initiative of the seller, to the address on the order form of the buyer. This address may differ from the address of the person who paid.
Our jewellery is mainly made in a traditional way ‘by hand’ at our workshops in Spain and Portugal. Some of our jewellery is only made by command. Also the pieces that the buyer may wish to purchase are unlikely to be in stock, but can be specially made by our workshops at the buyer’s request. The buyer’s attention is therefore drawn to the fact that the delivery times for special orders may vary from 1 to 5 weeks depending on the time of year and the complexity of the works requested.
andresgallardo.es delivers throughout the European Union and the rest of the world. For all countries outside of the European Union, delivery is made on a DDU basis (Delivery Duty Unpaid). This means the recipient will be liable for any local sales taxes or import duties which may be charged on the purchase.
andresgallardo.es does not deliver PO Boxes.
In the event of damage, it lies with the buyer to verify the contents, the conformity and the state of the product on delivery. This verification should take place once the buyer, or a person duly authorised by the buyer, has signed the delivery order presented by the postmaster or by the transporter.
Despite the care taken in preparing orders, it may be that a product is missing from an order, or that an error occurred during its preparation. If you notice such an error, please let us know by sending an e-mail to email@example.com within a maximum of 48 hours following receipt of the order.
ARTICLE 8 : RIGHT OF RETRACTION
In accordance with the clauses of the consumer code, the buyer has a 14 clear day deadline, including the day of the delivery, to return the product to andresgallardo.es for reimbursement, without any penalties apart from return costs.
andresgallardo.es will however only accept the exchange and reimbursement of jewellery if all the conditions stipulated below are respected:
a.The buyer informs the seller of his or her intention to return the product within the deadline outlined in the 3rd paragraph of the present article
b.The product must not have been worn, jaded, changed, cleaned, or damaged
c.The product must be returned in its original packaging accompanied by the invoice
d.The returned products are handed over by the buyer to the courier within the 14 days following their receipt
In the event where the return of the product by the buyer is due to an error by andresgallardo.es such as a product missing from the order or the receipt of the wrong product (subject to article 3 of the documents herein) or a defect in the product’s fabrication, andresgallardo.es promises to reimburse, in addition to the purchase price of the product, the forwarding fees paid for by the buyer for the delivery of the product.
The buyer will need to report the error by e-mail to andresgallardo.es within a maximum of 48 hours following receipt of the order.
The buyer who will have exercised his right of retraction within the conditions of the present article will be reimbursed within 30 days from the date on which andresgallardo.es was aware of the exercising of his or her right of retraction.
No reimbursement can take place to the benefit of the buyer who has not exercised his or her right of retraction within the conditions of the present article. In this case the buyer will only be able to claim his or her expenses, on the return of the product bought such as it will have been received before by andresgallardo.es.
ARTICLE 9 : CUSTOMER SERVICES
For all information requests or complaints, the buyer may contact customer services at the following address: andresgallardo.es
ARTICLE 10 : PERSONAL INFORMATION
The transmission of information on the website andresgallardo.es operates within a secure context which respects the formalities in force on the Internet.
Bank card numbers are not kept on the website andresgallardo.es but on the secured website of our banking establishment.
andresgallardo.es promises to not divulge the information to third parties. The information is confidential and will only be used to process the order.
In accordance with the Data Protection law, you have the right to access, change and cancel the personal details which concern you. In order to do this, you will need to make the request to us on line or by post, indicating your surname, first name, address and if possible your client reference to the following address: ANDRESGALLARDO – Casal y Gallardo SL – Conde de Romanones 5 local Int Dch, 28012 Madrid
ARTICLE 11 : APPLICABLE LAW
The general conditions of sale and the present contract are governed by Spanish law.
ARTICLE 12 : MODIFICATIONS AND UPDATES
The general conditions of sale are regularly modified, notably in view of possible changes to standards. The new general conditions of sale will apply on the date of their publication on the site andresgallardo.es.