TERMS AND CONDITIONS

GENERAL PURCHASE CONDITIONS

These Particular Conditions of the Sales Contract apply to any online sales made through the website joyeriasuarez.com (in the following, the ONLINE BOUTIQUE) owned by Suárez S.L. (in the following SUAREZ) with customers who have their delivery address in Spain.

Suárez S.L. is a limited company with registered office in c/ Gran Vía 40 bis 3, 48009 Bilbao, with tax identification number B 95352936, and one of its trademarks is SUAREZ.

The use of the ONLINE BOUTIQUE's services by the customer requires, in any case, the acceptance of the Particular Conditions of the national Online Sales Contract in the version published by SUAREZ at the moment when the purchase order is placed. Therefore, it is desirable that the customer reads these Particular Conditions as well as the general terms and conditions of use of the Web Portal before proceeding to make a purchase.

For anything that is not mentioned in these Particular Conditions of the national Online Sales Contract, the general terms and conditions of use of the Web Portal shall apply.

SUBJECT MATTER OF THE CONTRACT

These particular conditions for online sales apply to the purchase of any product shown on the website joyeriasuarez.com made by consumers who have their delivery address in Spain.

The possibility of acquiring products on the joyeriasuarez.com website by way of exchanging purchase vouchers, gift cards and similar items purchased from El Corte Inglés and other companies that issue such certificates is expressly excluded.

The prices of each piece of jewellery and accessories are indicated on the website on the date when the order is placed. Prices are detailed for each item an include VAT[1].The amount to be paid for shipping costs and any other service will also be specified and indicated in detail for the customer when placing the order.

The online shopping service provided through the Web Portal and governed by these Particular Conditions only allows for the purchase of products and services by users over 18 years of age and with a delivery address in Spain.

SUAREZ reserves the right to cancel a user's access account if any fraudulent, speculative or bad faith acts relating to the use of this service are detected.

SUAREZ will, if it considers it appropriate, modify and update items and prices according to the company's commercial criteria.

[1]In the case of the Canary Islands, the legally established indirect tax (IGIC) applies, which will be broken down prior to shipment.

PURCHASE PROCESS

Before placing the order, customers will be able to find the information on the procedures to be followed for the conclusion of the electronic sales or services contract in the ONLINE BOUTIQUE. The online shopping procedure consists of the following phases referenced in the online shopping process:

1. Purchase, 2. Data Form, 3. Payment, 4.Confirmation, 5. Shipping.

SUAREZ shall archive the electronic document in a way that is accessible to the customer after the conclusion of the Contract. The language in which the contract can be formalised is Spanish.

To change your registration details or, if applicable, those of the company you represent, you can contact us under the following address: ventaonline@joyeriasuarez.com

During the online shopping process, you will be eventually required to provide the data (e.g. delivery address) necessary for the performance and control of the purchase (including product delivery and payment of the price). The invoice details will be those stated in the user registration. SUAREZ shall not be liable for any errors made by the customer when providing the information to complete the purchase. The customer must pay special attention when filling in the forms, notwithstanding the possibility to correct such data after the completion of the purchase, whenever possible, under the following address: Joyería Suárez c/ Serrano 63, 28001 Madrid, or, if you prefer, by phone: 91 781 82 66.

In case the customer enters information during the purchase process and its correction leads to expenses, SUAREZ reserves the right to charge the user for these expenses or to cancel the requested purchase.

PAYMENT AND SHIPPING

3.1. Payment

The customer buying SUAREZ products commits to using the Web Portal diligently and in good faith as well as to satisfying the payment of the set price and shall be responsible for the veracity of the data provided and required for the transaction.

The prices of each piece of jewellery and accessories are indicated on the website on the date when the order is placed and they include taxes and fees. The customer may choose one of the following payment methods when finalizing the process:

- Card payment: all credit and debit cards of the brands Visa, Mastercard and American Express are accepted.

- Payment through Paypal.

- Payment in instalments with financing by Aplazame.

- Payment by transfer: this shall be made by transfer from the customer's bank to the SUAREZ account with the details given on the check out page. The receipt must then be sent to ventaonline@joyeriasuarez.com. Once the payment has been confirmed by the administration department, the product will be shipped.

For the payment process, SUAREZ uses third part services unrelated to SUAREZ and, in particular, those of the PAYMENT GATEWAY provided by the financial institution BBVA (online payment gateway which works as a virtual point of sale terminal). The service providers will request certain data from the customer to process the payment according to the payment modalities they offer. Once the payment process (step 3 of the online shopping process) has been completed successfully, the contract shall be deemed concluded and SUAREZ shall confirm this by e-mail no later than within 24 hours.

3.2. Delivery

Unless expressly stated otherwise during the online shopping process, the procedure for the delivery to the customer of the SUAREZ product or service purchased through the SERVICE shall be carried out according to the following steps:

Shipping shall be made to the address given by the customer during the shopping process, according to the completion of step 2 (data form);

Shipping shall be made using a courier service provided by a third party unrelated to Suárez.

SUAREZ uses express delivery services within the Iberian Peninsula and commits to delivering the product paid by the customer to the delivery address within 24-48 hours, although it may take longer for reasons beyond the company's control. If the product is newly made or product adjustments or customizations are needed, the delivery time can be up to 14 weeks. Please contact our online shopping service by email ventaonline@joyeriasuarez.com to find out more.

In case there are any problems with the processing or shipping of your order, SUAREZ will contact the customer and inform them of the incident. In any case, the customer can also contact SUAREZ to check the status of their order and shipment using the following address ventaonline@joyeriasuarez.com and the telephone number 91 781 82 66.

Unless expressly stated otherwise during the online shopping process, the shipping costs of the SUAREZ product or service purchased through the SERVICE shall be borne entirely by SUAREZ.

WITHDRAWAL AND RETURN

The customer has the right to withdraw from the contract within THIRTY calendar days following the receipt of the item. However, due to the situation caused by COVID-19, we have extended the return period to SIXTY calendar days from the receipt of your jewellery.

In order to formalise the withdrawal, the customer must send the return form provided at the end of this section to the e-mail address ventaonline@joyeriasuarez.com within the given return period indicating their wish to withdraw, their details (including their account number) and those of the contract they wish to withdraw from.

After that, SUÁREZ will contact the customer to manage the effective return of the product.

Once the withdrawal has been formalised and the item has been returned together with its original packaging, the price will be refunded as soon as possible and, in any case, within fourteen calendar days from the moment when SUAREZ has become aware of the customer's withdrawal.

Exchanges for another model of jewellery are not accepted for online purchases, money refunds using the original payment method are the only possibility.

Returns will not be accepted if the jewellery has been previously modified, i.e. size adjustments other than the standard size 13 and engraving of the jewellery.

All payments received will be refunded, including shipping costs, if any (except additional shipping costs if the customer has chosen a delivery method that differs from the least expensive standard delivery method we offer). The method used for the refund will be the same as the payment method used for the purchase.

 

WITHDRAWAL FORM

- For the attention of Joyería Suárez, C/ Serrano 63, 28006 Madrid. Spain.

- I hereby inform you that I am withdrawing from our sales contract (contract details) for the following item: (description as shown on the website)

- Ordered on …… and received on …

- Customer's name:

- Customer's home address:

- Customer's account details for the refund:

- Customer's signature: (only if the form is submitted on paper)

- Date:

 

EXISTENCE OF GUARANTEE

SUAREZ offers its customers products and services of the highest quality.

The gold used to make the pieces is 750 thousandths sterling, the silver is 925 thousandths sterling and the platinum 950 thousandths sterling.

The Suárez family, consisting of GIA-certified gemmologists, buys diamonds directly from their place of origin. Suarez diamonds are shipped with their GIA certificate and comply with the requirements of the "Kimberley Process Certification Scheme" (certification scheme for the international trade in non-conflict diamonds).

Given the special characteristics of the products distributed by SUAREZ through the ONLINE BOUTIQUE, there are slight differences between each purchased product or service, mainly due to the uniqueness and exclusivity of each and every one of the materials and stones used for manufacturing, which is to a large extent also done by hand. Therefore, there are no two SUAREZ products that are exactly the same and, in any case, it is inevitable that the product delivered to the customer differs slightly from the one shown in the pictures provided during the shopping process in the ONLINE BOUTIQUE (even if it may have been the same). In no case shall these differences imply the delivery of products or services with a lower quality of materials than those expressly mentioned on the Web Portal. Furthermore, the customer is informed and aware that the size of the pictures shown on the Web Portal does not match the actual size of the SUAREZ products offered.

Therefore, the customer is informed of these circumstances and differences and expressly accepts them. They may not be alleged as a cause for termination of the Contract.

In any case and subject to the provisions set out at the beginning of the section, SUAREZ products purchased by the customer through the shopping procedure set out on the website have the legal guarantee for consumer goods, which refers to their conformity with their description on the website and with these Special Conditions.

SUAREZ shall be liable for any non-conformities which become apparent within two years of delivery. The consumer must inform the seller of the non-conformity within two months of becoming aware of it. Failure to meet this deadline will not result in the loss of the right to the respective remedy, however, the customer will be responsible for any damages or losses actually caused by the delay in notification. In any case, the guarantee relating to damages caused by inadequate use shall be excluded as well as, in general, any of those excluded by applicable European Union legislation.

CUSTOMER SERVICE

Purchasers of SUAREZ products may address their complaints and claims to the following address: ventaonline@joyeriasuarez.com or Joyería Suárez, c/ Serrano 63, 28001 Madrid.

SUAREZ shall not bear the costs of mailings or shipments to the after-sales service.

COMPETENT JURISDICTION AND APPLICABLE LAW

The Spanish courts will be competent for any dispute arising from this online sales contract. Likewise, Spanish law (Consolidated Draft of the General Law for the Protection of Consumers and Users – Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios) shall be applicable in all matters not covered by this contract.

The European Commission offers a platform for alternative dispute resolution which can be accessed under: http://ec.europa.eu/consumers/odr/

SUAREZ is not affiliated with any association or organization that offers an extrajudicial conflict resolution scheme.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents (including graphic design, source code, logos, text, graphics, illustrations, photographs, trade names, trademarks or distinctive signs and any elements that appear on the Web Portal) are the exclusive property of SUAREZ or third parties unless expressly stated otherwise.

No intellectual or industrial property rights over the Web Portal or any of its components are assigned to the customer, and the customer is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using in any way, by any means or procedure, any of them, except in cases where this is legally permitted or authorised by the holder 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), provided that it is not for carrying out collective, commercial or professional activities. The customer shall refrain from obtaining or trying to obtain the contents by means or procedures other than those made available in each case or indicated for these purposes or those normally used on the Internet (provided that the latter do not entail a risk of damaging or deactivating the Web Portal). The customer must at all times respect all intellectual and industrial property rights over the Web Portal held by SUAREZ or third parties.

In any case, SUAREZ reserves the right to modify the presentation and configuration of the Web Portal as well as the General Conditions or the corresponding Particular Conditions at any time and without prior notice.

AVAILABILITY OF THE ONLINE SHOPPING SERVICE

The online shopping service will be permanently available twenty-four (24) hours a day, although the customer service is available from Monday to Friday from 10.00 a.m. to 7.00 p.m. SUAREZ informs the buyer that there may be anomalies or interruptions in the availability or operation of the Service due to causes not attributable to SUAREZ (technical problems of Internet providers, telecommunications, problems related to the buyer's computer, etc.), due to which the time frame to make the purchase may be extended.