BAROKAH JEWELS is a brand of LADY GALA CORPORATION S.L. (hereinafter “We” or “BAROKAH” OR “BAROKAH JEWELS”), based at Felipe II Avenue, 2-2D, 28009, Madrid, with C.I.F. B88360581.
This document sets forth the General Conditions (hereinafter "The Conditions") governing the contractual relationship between BAROKAH JEWELS (hereinafter, the Entity or BAROKAH) and the users of this website: www.barokahjewels.com.
The present Conditions are applicable to the use of this website and have been designed to create a legally binding agreement between BAROKAH and its clients / users protecting the rights of both parties.
You declare that, upon registering or placing your order, you have read and accept without reservation the present Conditions. In particular, You agree that:
- The use of this website will be limited to (i) receiving information about our products and services; (Ii) to conduct consultations and / or (iii) legally valid requests.
- You cannot carry out any speculative activity, false or fraudulent. If we have reasonable grounds to believe that such a request has been made, we will be authorized to cancel it and inform the appropriate authorities.
- The information you provide is necessary to be able to process and manage your order.
- By placing an order through this website, you guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts.
3. SERVICE AVAILABILITY
The items offered through this website will be available for shipment in Spanish territory, as well as internationally (see "Shipments").
4. HOW TO MAKE AN ORDER.
To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order ("Order Confirmation"). Also, we will inform you by email that the product is being shipped ("Shipment Confirmation"). Only the products listed in the Shipping Confirmation will be contemplated in the Contract.
This website displays confirmation windows in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your basket during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, via telephone or email address referred above to correct the error.
5. AVAILABILITY OF PRODUCTS
All product orders are subject to availability and, in this regard, if there are difficulties in the supply of products or if there are no items in stock, we will reimburse any amount that you may have paid.
We reserve the right to withdraw any Product from this website at any time and / or to remove or modify any material or content thereof.
6. DELIVERY AND SHIPMENTS TO DESTINATIONS OUTSIDE THE EUROPEAN UNION, CANARY ISLANDS, CEUTA AND MELILLA.
Unless unforeseen or extraordinary circumstances exist, we will send you the order consisting of the related products in each Shipment Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within the maximum period of 30 days from the date of the Order Confirmation.
Notwithstanding what is set forth in Clause 5 above and unless there are extraordinary circumstances, we will try to process the order of the related product (s) in the Shipment Confirmation within 72 hours (in working days). It is possible that this delivery time is delayed up to 30 days for any of the following reasons:
• Customization of products;
• Special items;
• Unforeseen circumstances;
• Delivery area;
If for some reason we cannot meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. Please, note in any case that we do not deliver on Saturdays or Sundays.
For the purposes of the present Conditions, it will be understood that the "delivery" has occurred or that the product/s have been "delivered" at the time of signing the receipt of the same at the agreed delivery address.
All the shipments outside the European Union, as well as those destined for the Canary Islands, Ceuta and Melilla, will be carried out by the courier company with which BAROKAH has signed collaboration agreements. In case the customs retain the package, the recipient will have to bear the costs of management. This condition is accepted with the realization of the purchase. In those cases, in which the article has arrived at destination and the client rejects the customs and management payment, this amount will be deducted from the return of the product.
In no case shall BAROKAH be responsible for the payment of customs duties or taxes derived therefrom.
7. INABILITY TO DELIVER
If we cannot deliver, we will try to find a safe place to leave the package. If we cannot find a safe place, your product (s) will be returned to our warehouse. We will leave you a note explaining where your package is and how to order it to be shipped again. If you are not going to be at the delivery place at the agreed time, please contact us to arrange delivery on another day.
In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to withdraw from the contract, and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from the choice of a delivery method different from the less expensive mode of delivery We offer) without undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please note that the transport derived from the resolution may have an additional cost, so we will be able to pass on the corresponding costs.
Please note that the storage and reshipment of your product (s) may have an additional cost.
8. TRANSFER OF RISK AND OWNERSHIP
The risks of the Products will be in charge from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery if it took place at a later time (as defined in clause 7).
9. PRICE AND PAYMENT
The price of the products is as stipulated in each moment in our Website, unless cases of clear and manifest error. Although we try to make sure that all prices listed on the website are correct, errors may occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered cancelled and will be fully refunded the amounts that have been paid.
We will not be obligated to supply to you with the wrong price (even if we have sent the Shipment Confirmation) if the error of the price is obvious and unequivocal and could have been reasonably recognized by you as an incorrect.
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due. Prices may change at any time, but (except as stated above) any changes will not affect orders with respect to which we have already sent you a "Shipment Confirmation".
Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested at each step. Also, during the purchase process, before making the payment, you can modify the data of your order. In addition, if you are a registered user, you have a detail of all the orders made in the corresponding section.
When you have placed your order, all the items you want to buy will have been added to the "Shopping Cart" and the next step will be to process the order and make the payment. To do it:
- Click the "My Basket" button at the top of the page.
- Click the "Order Processing" button.
- Fill in or check the contact information, the details of your order, the address to which the order is sent and the address to which the invoice must be sent.
- Choose the payment method with which you want to make the purchase (credit card or PayPal) and enter the corresponding information.
- Accept the "Terms and Conditions".
- Click "Confirm Purchase".
You can make the payment with your payment cards or through PayPal. In case of paying by credit card the user will be directed to the Payment Gateway (or virtual POS) of BANCO SANTANDER CENTRAL HISPANO ("BSCH"). The Payment Gateway is a system that guarantees the security of your transactions over the Internet, since when you have to enter the data of your card will do it through the secure server, which has powerful technology to protect your data.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if that entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any contract with you.
It is important to note that when your card data is communicated directly to the secure connection payment gateway, at no time do we have direct access to that data (neither we nor anyone other than the bank or the issuer) and in the same way Nor can they be stored in our database. BAROKAH only receives a message from the bank indicating the validity or not of its card.
10. ADDED VALUE TAX
According to applicable Laws, any purchase made through the website will be subject to Value Added Tax (VAT), which will be charged at the rate in force at the time of delivery.
In terms of sales to other member states of the European Union, in accordance with applicable regulations on distance sales, deliveries will be understood to be localized and taxed in Spain, where the addressee is an individual and is established in another Member State. When the recipient is an entrepreneur or professional, who makes the purchase for the exercise of his economic activity and provides a VAT-NIF attributed by the tax authorities of another member state, the delivery shall be deemed to have been made and shall be taxed in the country of destination.
11. RETURN & CHANGES POLICY
- Withdrawal. The client has the right to withdraw from the contract in the terms set forth in the Spanish Users and Consumers Law ("Texto Refundido de la Ley General de los Consumidores y Usuarios"), within 14 calendar days following receipt of the product. The withdrawal period will expire on the 14 calendar days of the day that you or a third party appointed by you, other than the carrier, acquired the material possession of the goods.
- To formalize your withdrawal you must: (i) notify BAROKAH JEWELS through the following email address firstname.lastname@example.org; (ii) send the product in its original packaging, in perfect condition to: BAROKAH JEWELS. Av. Felipe II, 2-2D, 28009, Madrid. You can use private transport company or courier within the deadline indicated; (iii) include the communication that we’ve sent in your order declaring your will to withdraw from the contract; (iv) include your personal data and contact info. BAROKAH will not be responsible for the cost of such shipment.
In order to comply with the withdrawal period, it is sufficient that the communication regarding the exercise by him of this right be sent before the corresponding term expires.
- Consequences of withdrawal. In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the choice of a delivery method different from the less expensive mode of delivery We offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to desist from this contract. We will proceed to make such refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may retain the reimbursement until we have received the goods, or until you have submitted proof of the return thereof, depending on which condition is met first. You must assume the direct cost of returning the goods.
Once the withdrawal is formalized and the article returned, together with its original packaging, We will proceed to return the price as soon possible, within 14 calendar days after the withdrawal.
- Changes. It is possible to exchange an item for another of equal or greater amount (by paying the price difference) within the first 30 days from the item is received. If the cost of the new product is lower than the product originally purchased, BAROKAH will make you a "voucher" that you can use within the next 30 days for online purchases.
Without prejudice to the right of withdrawal, the amount of purchases is not refunded except in the case of a tare or defective items. Please, consider that We carefully review any item before sending it to avoid such circumstances.
If you want to exchange your article for another, you must: (i) contact email@example.com; (ii) if you wish, we will send a messenger to pick up your item at your home; (iii) you must attach the order form/communication that your received when you placed the order; (iv) if you want to ship the product, include the shipping address for changes: BAROKAH JEWELS. Av. Felipe II, 2-2D, 28009, Madrid.
Finally, please note that the “collection service” is only available if you request it and it’s only applicable to CHANGE not to RETURNS. Therefore, unless a defective product is treated, the customer must assume the shipping costs that correspond to the item you wish to change. Again, be aware that unless the change corresponds to a defective product, you must bear the shipping costs of the item you wish to change. The change will be made once we have received the product and verified that it is in perfect condition.
If you have any questions about changes you can contact us at firstname.lastname@example.org.
- Returns of defective products. If you consider that at the time of delivery the product does not match your order, you should contact us immediately at email@example.com and return the product to us at the address indicated above with the notification of your return. We will carefully review the returned product and will notify you by e-mail within a reasonable time if the return or replacement (if applicable) is necessary. The return or replacement of the item will be made as soon as possible and, in any case, within 30 days after We have confirmed to you (via email) that it is appropriate to return or replace the non-conforming article. The refund of the amount will only be made when we cannot replace the item with an identical one in perfect condition.
The amounts paid for the products that are returned because of an existing defect will be fully refunded, including the delivery costs incurred to deliver the defective item and the costs that you incurred to send it back to us. The return will be made in the same way as the payment was made. For instance, reimburse will be made to same credit card that was used to pay the purchase.
In any case, remember that if you want to make a return, withdraw a purchase or make a change, first check that it meets all the following requirements before sending any item: (i) contact firstname.lastname@example.org; (ii) confirm that the product is in perfect condition, in its original packaging and including instructions for use. It is very important that you send us the items perfectly packaged.
We offer guarantees on the products that we sell in our website. We will respond for any “Lack of Conformity” of our products that may be manifest within 2 years since the delivery of the item.
The products that we sell can often present the characteristics of the natural materials that are used in their manufacture. These characteristics, such as variation in streaks, texture and colour will not be considered defects nor qualify for a “Lack of Conformity”. We only select products of the highest quality, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
There is no “Lack of Conformity” if the product (i) matches with the description and quality indicated in our website; (ii) is suitable for the uses intended for jewels or products of similar kind; (iii) present the usual quality and performance reasonably expected for a jewel.
BAROKAH responds to any “Lack of Conformity” that appear within two years of delivery. In order to exercise this guarantee, the consumer must inform to us of the “Lack of Conformity” within 2 months of becoming aware of it. Failure to comply with the above will not result in the loss of your right, however you will be responsible for the damages or losses actually caused by the delay in the communication.
According to applicable laws, if the “Lack of Conformity” is notified after 6 months since the item was purchased, the Consumer will be required to prove that the fault existed from origin. Otherwise, “lack of Conformity” will not be considered.
In any case, the guarantee relating to those damages caused by improper use is excluded, as well as in general all those excluded by current European Union legislation.
13. RESPONSIBILITY AND DISCLAIMER
Except when expressly provided otherwise in the Present Terms & Conditions, our liability for any product purchased on our website will be strictly limited to the purchase price of such product.
However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
I. Loss of income or sales:
II. Loss of business;
III. Loss of profits or loss of contracts;
Iv. Loss of anticipated savings;
V. data loss; and
VI. Loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established Expressly the opposite in it.
14. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual and industrial property rights in the materials or contents that are contributed as part of the website correspond to BAROKAH or to those who granted us a license for its use. You may use such material only in the manner expressly authorized by us or licensed to us. This will not prevent you from using this web page to the extent necessary to copy the information about your order or contact information.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not make improper use of this website by intentionally introducing it to viruses, Trojans, worms, or any other harmful program or material. You will not attempt to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this web site through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to infringements or liabilities provided by the applicable regulations. We will report any breach of these regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other harmful technology, program or material that may affect your computer, computer equipment, data or materials as a result of using this website or of downloading content from the same or to which the same redirects.
16. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, such links are provided for information purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no liability for any damage or loss arising from its use.
By using this website, you acknowledge and agree that most of the communications between us are to be through electronic means. We will contact you by email or we will provide information by posting notices on this website. For contractual purposes, you agree to use these electronic means of communication and acknowledge that any contract, notice, information and other communications will be binding as being in writing. This condition will not affect your rights recognized by law.
The notifications that you send to us should be sent through the means enabled ("contact form"). We may contact you using the e-mail or the postal address provided by you at the time of your purchase of registration.
It will be understood that the notifications have been received the moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of the posting of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was properly delivered by mail or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This contract is binding for us, as well as for our respective successors, assigns and assignees.
You may not transfer, assign, encumber, or otherwise transfer a contract or any rights or obligations arising therefrom, without obtaining our prior written consent. We may transfer, assign, tax, subcontract or otherwise transfer a contract or any rights or obligations arising from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, are recognized by law, nor will they reduce, or otherwise limit, any express or implied warranties , Which we could have granted.
20. EVENTS OUTSIDE OUR CONTROL
We shall not be liable for any breach or delay in performance of any of the obligations we assume under a Contract, the cause of which is due to events beyond our reasonable control ( "Force Majeure").
The causes of “Force Majeure” shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and shall include in particular (without limitation) the following:
A. Strikes, lockouts or other measures of protest.
B. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations.
C. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
D. Inability to use trains, ships, airplanes, motor transports or other means of transport, public or private.
and. Inability to use public or private telecommunication systems.
F. Acts, decrees, legislation, regulations or restrictions of other governments.
G. Strikes, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligation to comply under any Contract will be suspended during the period in which the “Force Majeure” continues, and we will have an extension in the term to fulfil our obligation during that period. We will use all reasonable means to terminate the cause of “Force Majeure” or to find a solution by which we may perform our obligations under the Contract in spite of the cause of Force Majeure.
If during the Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of the present Terms and Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or Pursuant to such Contract or these Conditions, such fact shall not constitute a waiver of such rights or remedies nor shall it relieve You from complying with such obligations.
The waivers we make to enforce compliance shall not constitute a waiver by us to require further compliance. No waiver by us of any of these Terms and Conditions will take effect, unless expressly stipulated that it is a waiver and is communicated to you in writing in accordance with the provisions of the previous Notifications section.
22. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were found to be invalid, illegal or unenforceable to any extent by the competent authority, they shall be severed from the remaining conditions and provisions which shall remain valid to the extent permitted by law.
23. INTEGRITY OF THE CONTRACT
The present Terms & Conditions and any document expressly referred to herein constitute the entire agreement between You and us in relation to the subject matter of the Contract and supersede any other agreement, agreement or promise entered into between You and us verbally or through written.
Both parties acknowledge that you have agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Contract.
Neither of the parties shall have remedies against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such a statement was made uncertain fraudulently) and the only recourse available to other party will be the breach of the contract according to these Terms & Conditions.
24. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Terms & Conditions at any time. You will be subject to the policies in force at the time you register or purchase an item. Any changes in our Policies will affect the orders that you had previously made except otherwise determined by Law.
25. APPLICABLE LAW AND JURISDICTION
The use of our website, your purchases and our contractual will be governed by these Terms & Conditions and by applicable Spanish Laws. Any controversy that arises or relates to the use of the website will be submitted to the jurisdiction of the Spanish courts.
26. COMMENTS, SUGGESTIONS, COMPLAINTS AND COMPLAINTS
Your comments and suggestions are always welcome. Please feel free to contact us through the means enabled in this website: fulfil the contact form or send your queries to our email, phone number or postal address.
Your complaints and claims will be dealt with as soon as possible and, in any case, within the legally established period. Your queries will be registered with an identification key that we will let you know and allow you to follow up on them. If you feel that your rights as a consumer are not being fulfilled let us know at email@example.com. In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us through the following link http://ec.europa.eu/consumers/odr.
27. ADDITIONAL INFORMATION ON THE CARE OF YOUR JEWELS.
If you follow certain cares it will expand the life of your BAROKAH jewel. We recommend that you remove your BAROKAH jewels before performing activities that could damage it, such as sports or work out. Try to avoid contacting your jewel with cosmetics and/or household products as they may contain ingredients that can damage the colour of your items.
Do not expose BAROKAH products to sudden temperature changes. For its proper conservation, it is preferable that you store your BAROKAH jewels individually in their original case, as it designed to protect your jewellery. If you choose a jeweller, try to be in a separate compartment of other pieces. Try to have the chains closed and placed flat to avoid knot formation. Do not exercise disproportionate force over the your jewellery as it may cause to break it.
© 2019 BAROKAH JEWELS. ALL RIGHTS RESERVED.
ANNEX I. WITHDRAWAL FORM.
(You must complete and send this form only if you wish to withdraw from the contract)
To BAROKAH JEWELS, located at Avda. Felipe II, 2-2D, 28009, Madrid, Spain, and email firstname.lastname@example.org.
I hereby inform you that I give up my contract of sale of the following asset:
Order/ received (*):
Name of consumer:
Signature of the consumer (only if this form is presented on paper)
(*) Delete as appropriate