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.aristocrazy.com (hereinafter, WEBSITE), which belongs to ARISTOCRAZY S.A., with registered office situated at C/ Gran Vía, 40 Bis 3º, 48009 BILBAO, and holder of tax identification code (CIF) A48231146, registered in the Register of Companies of Vizcaya, in Volume 1959, Folio 170, Sheet 3970A, Entry 8 (hereinafter, ARISTOCRAZY), 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 ARISTOCRAZY, 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.
1. 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).
ARISTOCRAZY 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.
ARISTOCRAZY 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.
2. 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 ARISTOCRAZY with regard to any products until the order has been expressly accepted by ARISTOCRAZY (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 “Authorise payment”. After that, they will receive an email confirming receipt of their order (Order Confirmation). 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 ARISTOCRAZY to buy one or more products. All orders are subject to acceptance by ARISTOCRAZY, which will confirm such acceptance by sending an email informing the customer that the product is being sent (Shipment Confirmation). The agreement to purchase a product between ARISTOCRAZY 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. ARISTOCRAZY 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 ARISTOCRAZY could find itself required to refuse to process an order even after having sent the order Confirmation. ARISTOCRAZY reserves the right to do this at any time, at its sole discretion.
3. 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 ARISTOCRAZY attempts to make sure that all prices shown on the WEBSITE are correct, errors may arise. If ARISTOCRAZY should discover an error in the price of products that the customer has ordered, ARISTOCRAZY, 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 ARISTOCRAZY 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. ARISTOCRAZY 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 ARISTOCRAZY 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 ARISTOCRAZY 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 ARISTOCRAZY 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 bag and the next step will be to process the order and make payment. To do this, the customer should follow six steps:
- Click on “Shopping Bag” at the top of the page, to add the products they wish to buy.
- Next, click on “Buy”.
- 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 now”.
- The customer can pay using their Visa card or PayPal. 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.
- ARISTOCRAZY uses Verisign, to make sure the payment is made safely.
- Credit cards will be subject to checking and authorisation by the issuing entity. If this entity does not authorise the payment, ARISTOCRAZY 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 the companies FedEx, which are third party to ARISTOCRAZY, 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: 3–5 days
Delivery may take longer for one of the following reasons:
- product personalisation;
- one-off items;
- unforeseen circumstances not attributable to ARISTOCRAZY;
- 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 ARISTOCRAZY bear the cost of customs processing or of any taxes derived from this.
- Orders valued at EUR 119 or more will include free delivery.
- 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 email@example.com, 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: ARISTOCRAZY, C/ Serrano 27, 1ºD, 28001, Madrid (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 ARISTOCRAZY 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 ARISTOCRAZY, C/ Serrano 27, 1ºD, 28001, Madrid (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: (required only if this form is submitted in paper format).
Time limit for returning orders placed from November 23rd to 26th has been extended to December 26th and orders placed from November 30th has been extended to January 13th.
5. Existence of guarantee
ARISTOCRAZY offers its customers products and services of the highest quality.
The gold used to manufacture the pieces is 750 gold (18 carat), the silver is 925 sterling silver, and the platinum is 950 platinum.
ARISTOCRAZY buys its diamonds directly from their place of origin. ARISTOCRAZY diamonds are accompanied by a GIA certificate and comply with the conditions of the Kimberley Process Certification Scheme (certification system for the international trading of diamonds that do not come from countries in conflict).
In view of the special characteristics of the products that ARISTOCRAZY sells on its WEBSITE, there are slight differences between each product and service acquired. This is primarily owing to the singularity and exclusivity of all the materials and stones used to manufacture them, in a largely artisan process. Consequently, there are no two products or services from ARISTOCRAZY 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 or services 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 ARISTOCRAZY 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 ARISTOCRAZY 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.
ARISTOCRAZY is liable for conformity breaches that are declared within a term of two 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.
6. Customer services
6.1. Acquirers of ARISTOCRAZY products may submit any complaints or claims to the following addresses: firstname.lastname@example.org or ARISTOCRAZY c/ Serrano 27, 1º dcha, 28001 Madrid. Spain.
ARISTOCRAZY 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 ARISTOCRAZY jewelry. For instance, we advise you to remove your ARISTOCRAZY jewelry when you do activities that may damage it, such as sport. Try to prevent your ARISTOCRAZY jewelry from coming into contact with cosmetic and/or domestic products, since they sometimes contain ingredients that can damage the 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. Check fastenings frequently.
Do not expose ARISTOCRAZY jewelry to sharp changes of temperature. For correct conservation of ARISTOCRAZY 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 email@example.com or by calling +34 902 106 883, from Monday to Thursday, from 10am to 7pm, and on Friday, from 10am to 4pm (Madrid time).
7. 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/
ARISTOCRAZY does not form part of any association or organisation that offers a system for out-of-court conflict resolution.
8. 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 ARISTOCRAZY 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 ARISTOCRAZY and third parties.
In all events, ARISTOCRAZY 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.
9. Availability of the online purchase service
The service will be available permanently, twenty-four (24) hours a day. ARISTOCRAZY informs the buyer that anomalies or interruptions may arise in the availability or functioning of the service for causes not attributable to ARISTOCRAZY (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.