Terms and conditions
GENERAL PURCHASE CONDITIONS
Please read the Terms and Conditions carefully before using this website. By using this websiteBy using or placing an order through this website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be modified. It is your responsibility to read them periodically, as the terms and conditions in effect at the time of use of the website or conclusion of the Contract (as defined below) will be those applicable to you.
By using this website and/or placing orders through it, you agree to:
- Use this website only to make legally valid inquiries or orders.
- Do not place any false or fraudulent orders. If we reasonably believe that an order of this nature has been placed, we are authorized to cancel it and/or inform the relevant authorities if necessary.
- Please provide us with your email address, postal address, and/or other contact information truthfully and accurately. You also consent to our use of this information to contact you if necessary.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
1. OUR DATA.
This page operates under the commercial name of JOYERÍA LIDIA, the owner of the business being LIDIA DIAZ JIMENEZ with ID number 70576923-C and registered office at C. Sta. Ana, 18, 41560 Estepa, Seville.
2. YOUR DATA AND YOUR VISITS TO THIS WEBSITE.
The personal information or data you provide to us will be processed in accordance with our Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all information or data you provide is truthful and accurate.
3. CELEBRATION OF THE CONTRACT
The information contained in these Terms and Conditions and the details on this website do not constitute an offer to sell, but rather an invitation to treat. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the full amount will be refunded. To place an order, you must follow the online purchase procedure and click "Authorize Payment." After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, which you will be notified of by email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obligated to supply any products that may have been ordered until we confirm their shipment in a Shipping Confirmation.
4. PRODUCT AVAILABILITY
All product orders are subject to availability. If we experience supply difficulties or if items are out of stock, we reserve the right to offer you information about substitute products of equal or superior quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount you may have paid.
5. REFUSAL TO PROCESS AN ORDER.
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will make every effort to process all orders, exceptional circumstances may arise that require us to refuse to process an order after we have sent the Order Confirmation. Therefore, we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or any third party for withdrawing any product from this website, regardless of whether that product has been sold or not, removing or modifying any material or content on the website, or refusing to process an order after we have sent you the Order Confirmation.
6. DELIVERY TIMES.
6.1. SHIPPING
Without prejudice to the provisions of the preceding Clause regarding the availability of the products and unless extraordinary circumstances arise, we will attempt to send the order consisting of the product(s) listed in each Shipping Confirmation before the delivery date shown in the relevant Shipping Confirmation (24/48 hours) or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays could occur for any of the following reasons:
- product customization.
- items specially ordered for you and that are out of our stock.
- unforeseen circumstances, strikes...
- Incorrect delivery information.
If for any reason we are unable to meet the delivery date, we will inform you and give you the option of proceeding with the purchase by setting a new delivery date or cancelling the order for a full refund. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, "delivery" or "order delivery" shall be deemed to have occurred upon signature of receipt at the agreed delivery address. From this moment onward, our delivery deadlines are considered met, and the customer shall be responsible for meeting them without exception.
6.2 RETURNS
The collection of merchandise, requested in advance once you wish to return it, must be carried out within 15 business days from the delivery date. With our shipping service, we guarantee delivery within 24/48 hours. Therefore, if the customer agrees with the transport agency to postpone delivery, these days will be counted as days in possession, as the delivery is postponed intentionally and not due to a logistical error. If the customer does not return the package within this timeframe, the return will not be valid. The customer must take into account all deadlines when processing a return and comply with all sales and return conditions.
Outside of these deadlines, no money will be refunded.
7. DELIVERIES
7.1 DELIVERY DETAILS
The customer is responsible for providing us with all the necessary information for the correct delivery of their order to the address they specify. This includes providing their ID number, full name, complete address (street, avenue, number, floor, building, etc.), postal code, city, province, country, email address, and telephone number. If your order is international, please provide any additional instructions you deem necessary to ensure a smooth delivery.
7.2 IMPOSSIBILITY OF DELIVERY
7.2. 1 Spain and Portugal
If, after two delivery attempts, it proves impossible to deliver your order, the shipping company will try to contact you and will find a safe place to leave it until you respond. They may leave a note at your address or send a text message to your contact number indicating where your order is and how to collect it. If you will not be at the delivery address at the agreed time, please contact us to arrange delivery for another day with the shipping company. Please note that if the customer deliberately postpones the package, the return period does not begin from the date of delivery but from the date of postponement, as explained in section 6.2.
If there is no postponement of delivery, you will have a maximum of 10 days from the date you are notified, following the procedure established in these Terms and Conditions, that your order is available to collect it. If you have not collected your order within this period, we will assume that you wish to withdraw from the Contract and will consider it terminated.
As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible, after deducting the corresponding costs associated with the management and return of the package and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract to be terminated.
7.2. 1 INTERNATIONAL
If your shipment is to an international country, we will not have complete control over the shipment. Therefore, if the package cannot be delivered due to a lack of information and the customer does not claim their shipment in time, we will not know, and the shipment may be returned if the customer does not claim and pick it up in time.
From that moment on we will not be responsible for the package and we will not issue any refund if more than 14 days have passed since the first delivery attempt.
If the customer wishes us to resend the package with the correct information, they will have to cover the costs associated with returning their package and sending it again.
8. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks associated with the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or upon delivery (as defined in the preceding clause), whichever is later.
You are responsible for the products and must treat them with care and respect, and present them in their original packaging along with all their accessories if you wish to return any of the products.
9. PURCHASE OF PRODUCTS
9.1. PRICE AND PAYMENT
The price of each product will be as stated on our website at any given time, except in cases of obvious error. Although we strive to ensure that all prices displayed on the website are correct, human and/or computer errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and you will be fully refunded for any amounts paid.
We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the pricing error is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price.
Prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as explained in the Shipping Costs section.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you a Shipping Confirmation and which have been delivered.
Once you have selected your items, all the items you wish to purchase will be added to your basket or cart, and the next step will be to process the order and make the payment. To do so:
- Click on the "Shopping Cart" button at the top of the page.
- Click on the “View Basket” button.
- Click on the "Process Order" button.
- Please fill in or verify your contact information, order details, the address where you would like your order delivered, and the address where the invoice should be sent.
- Enter your card details.
- Click on "Authorize Payment".
You can pay with Visa, Mastercard, American Express, and PayPal. You can also pay all or part of your purchase price with a JOYERÍA LIDIA gift card or store credit card issued by JOYERÍA LIDIA. Your card will be charged when your order leaves our warehouse.
By clicking "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any Contract with you.
9.2. PRODUCTS
All products listed on joyerialidia.es are authentic and new. All items have their original tags, which prove their authenticity and condition.
Although all items displayed on joyerialidia.es are new, some may have been used by another customer for testing purposes and subsequently returned. These items retain their authenticity and good condition, as our return policy is strict and does not allow returns of damaged items or items without authenticity tags.
The items displayed on joyerialidia.es are exactly as pictured, except for handmade items which may vary slightly due to the artisanal nature of their production, or runway photos which may have variations or corrections before mass production. These variations will be reflected in the item description, even if the photo does not accurately reflect them, and these descriptions will serve as the official description of the item.
In the event that these descriptions differ from the item received, the customer will have the right to make a return at no cost, claiming that the purchased item differs from the description on the website.
9.3. OUTLET AND CLEARANCE
The website joyerialidia.es has a section called Outlet. The items displayed in this section are completely authentic and brand new.
These items are surplus stock from previous campaigns and, therefore, most of them have been through sale periods, a time when they may have been tried on by several customers. Because of this, some of the items offered in the Outlet section may have slight signs of use from trying them on (minor scuffs, missing accessories, etc.) or small dust or makeup stains from trying them on and/or storage.
Unlike seasonal items, their quality and condition cannot be 100% guaranteed. However, these items are still unused, with their tags, and in acceptable condition to continue being used and sold at a price significantly lower than their original retail price.
The customer must be aware of this and accept the discount on the item as an advantage compared to the condition of the item, which has spent a long period of time on display in physical stores and/or in the warehouse.
Outlet items must meet a minimum quality standard to be sold. They will never have tears or defects that render them unusable.
Outlet items can be returned, clearance items cannot be returned (as the name suggests).
10.2. SHIPPING COSTS.
In any case, shipments will be made through the transport agency MRW or its European partners for orders outside of Spain.
10.2.1. NATIONAL SHIPMENTS.
For final orders over €50, standard shipping is free. Please note that shipping costs plus applicable taxes will be deducted from the original rate (€5.99 for mainland Spain, €16.99 for the Balearic Islands, taxes included) if the final order, after returns and/or exchanges, is less than €50 or is cancelled entirely.
For orders under €50, shipping costs €5.99 for mainland Spain. A different rate applies to the Canary Islands, Balearic Islands, Ceuta, and Melilla, which is automatically calculated once the exact address is provided. These rates will be deducted from any refunds.
The shipping price includes shipping insurance, handling fees and shipping.
The estimated delivery time is between 24/48 hours from the dispatch of the package, which may be increased for reasons beyond our control.
LIDIA JEWELRY does not take responsibility for additional expenses or refunds as a result of special taxes at destination, customs or similar.
For express shipments (mainland Spain only), a different fee applies, which is automatically calculated if the exact address is not provided. This fee ranges from €8.99 to €16.99. These fees will be deducted from any refunds for returned items.
If the customer chooses to collect the product from our store, no additional costs will be charged, as the customer will collect it directly from the respective store(s). To do so, the customer must present their ID card at the store to collect the purchase.
10.2.2. SHIPMENTS TO EUROPE.
For shipping rates to Europe, please see HERE .
10.2.2. INTERNATIONAL SHIPMENTS.
For international shipments , in order to offer you specific and adjusted rates, you must contact us and inform us of the shipping address. Once we receive your email, JOYERÍA LIDIA will send you the purchase details, including the total amount, shipping costs, delivery time, and payment method.
11. VALUE ADDED TAX
In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of goods will be considered to take place within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
12. LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE. EXCHANGE AND RETURN POLICY.
12.1 RETURNS AND EXCHANGES (SPAIN AND PORTUGAL)
Your order placed on joyerialidia.es can be returned and refunded by following all the corresponding steps and within a period of 15 calendar days from the date of delivery of the order and provided that the customer assumes the return costs .
The right of withdrawal will not apply to items purchased from the clearance section, with final sale promotions, or to items that, for hygiene reasons or other legally established exceptions, are not eligible for return: piercings, brooches, costume jewelry...
12.1.1 - ESSENTIAL REQUIREMENTS FOR YOUR RETURN TO BE ACCEPTED
The LIDIA JEWELRY team reserves the right not to accept the return of any order if these requirements are not met.
It must be within the deadline, 15 calendar days from the delivery of the package (delivery day included) and submit the application correctly (explained in section 2).
Items must be in perfect condition , exactly as delivered, in their original packaging and unused, with all tags and accessories intact. Use is understood to be limited to simply checking and testing the product. We will examine the items for any odors, stains of any kind (sweat, makeup, perfume, tobacco, etc.), scuffs, or snags. We recommend trying on items after a shower, without makeup, perfume, or clothing that could snag. Items without original tags, used items, items with scuffs, marks, scratches, and/or damage from normal use will not be refunded.
The item must be returned using the same protective cardboard box in which it was received , or failing that, a similar protective box, to ensure it arrives at our warehouse in the best possible condition. It is the customer's responsibility to package everything properly to prevent damage during transit.
Only one return per order is allowed. You cannot return different items separately, so you must process all your returns at the same time.
The merchandise will be collected via our courier service (*) and must be authorized by us once the return request has been processed. The customer will be responsible for the costs associated with returning the order. A collection will be arranged with our partner agency, MRW, with shipping charges payable upon delivery. These charges will be deducted from the total amount to be refunded for the returned items. A fee of €7 will be deducted for partial returns and €13 for full returns (Peninsula and Portugal); Balearic Islands (€9 for partial returns and €15 for full returns).
Returns must be processed from the same country in which they are received.
All shipments that do not meet all of the above requirements will not be accepted and will not be refunded. If a returned item is rejected for violating the conditions described above, it will not be refunded, and the customer will be responsible for any additional costs incurred to retrieve it.
(*) The Canary Islands, Ceuta and Melilla are considered international (conditions set out below)
12.1.2 - TO MAKE A RETURN
All returns are processed via email. To effectively exercise your right of withdrawal, please send an email to info@joyerialidia.es indicating:
- ORDER REFERENCE , which you can find on the purchase invoice you will receive with your package or in the order confirmation email
- REFERENCES OF THE ITEMS TO BE RETURNED with the corresponding sizes, color, materials and brief reason for return.
- Only if you have made your purchase by bank transfer or cash on delivery will you need to provide us with an account number to process the refund.
Within a maximum of 48 business hours (*), our team will reply to your email with instructions and steps for package collection and will request a time slot for pickup or delivery to a collection point. To complete the request correctly, you must reply within the specified timeframe with your preferred pickup time or instructions for delivering the package to the nearest collection point.
All procedures must be carried out within the established timeframe, so it is mandatory to send the application at least 48 hours in advance before the refund deadline expires.
If the customer fails to hand over the package when the shipping company (MRW) attempts to collect the merchandise, the return will be considered canceled. The shipping company will only attempt to collect the package once. Once canceled, the return cannot be requested again. If the customer does not provide the necessary information for collection within 7 calendar days of the return authorization, the request will be canceled.
Any merchandise sent outside of these established deadlines and without prior authorization will be rejected and therefore not refunded.
If you do not send the email correctly with all the indicated data correctly and within the established period of 15 days from when you receive your package, the return will not be accepted.
(*) The deadline may be extended during sales periods, promotions, holidays, special dates (Christmas, Easter, long weekends)... etc., or due to circumstances beyond the control of JOYERÍA LIDIA.
12.1.3 - ORDER REFUND:
We will issue the refund for returned items once the merchandise has been received and approved by the quality department.
The refund will be made within a maximum of 14 calendar days from receipt in our warehouses.
The refund will be made deducting the return shipping costs (explained in section 1) and always reversing the original payment, therefore directly to the credit/debit card with which the payment was made, or in the case of a refund it will be made by that same means.
We cannot automatically reverse the transaction if the order was placed via bank transfer or cash on delivery. In this case, the customer must provide their bank details (beneficiary, IBAN/account number) to issue the refund. The customer is responsible for providing the correct information so that the refund can be processed effectively. If we do not receive this information within 14 days, we will be unable to process the refund, and the system will automatically generate a digital voucher in your account for use on our website. Once the digital voucher has been generated, the amount cannot be refunded.
We remind you that the crediting times to your credit card do not depend on us, but on the contract you have stipulated with the card manager itself.
12.2 RETURNS / EXCHANGES OF DEFECTIVE OR INCORRECT PRODUCTS.
All items shipped are inspected by our team beforehand. However, if you believe the product you received is defective, damaged, or different from what you ordered, you must contact us immediately (within 24 hours) of receiving the package via email at info@joyerialidia.es or by phone at +34 627 56 53 80 (during customer service hours; we may request photos, which you will need to send by email). Please include your order details, the item information, and a description of the problem (damage, incorrect product, wrong color, etc.). We will assess the issue and respond to your request with the necessary steps to take within 72 hours.
For replacements in case of defects, we will arrange for collection and carefully examine the returned product. We will inform you within a maximum of 7 business days whether a replacement is possible. If a replacement is not possible, we will offer a refund. If you do not wish to wait for a replacement, you must notify us by email requesting a standard return. Once a replacement has been confirmed, a refund will not be possible. The refund or replacement will be processed as soon as possible and, in any case, within 30 days of the date we confirm whether a refund or replacement is applicable.
In case of shipment of an incorrect item, we will contact you to arrange the return of the item and the delivery of the new correct item. If the customer does not want a replacement, they must make a standard return.
The full amount paid for products returned due to a defect or fault , where such a defect or fault actually exists, will be refunded , including the original delivery charges. The refund will be issued to the same payment method used for the original purchase.
Notifications received outside of this timeframe will not be considered . In the event of receiving defective items without prior notification or authorization, these items will not be refunded. The items will remain in your possession, and you will be responsible for any associated costs associated with their collection.
Some discounted or outlet items may have minor imperfections due to storage or display in store (slight scuffs, marks, etc.), but these do not prevent the sale of the item and are not visually excessive. If this were the case, the customer would be contacted to cancel the purchase. These minor imperfections will not be considered 'defective products'.
12.3 CHANGES (Spain and Portugal)
The requirements of section 1 of the returns must be respected.
The associated cost for exchanges is €9 for the mainland (€12 for the Balearic Islands), which includes the shipment of the new item and the collection of the item to be exchanged within 24/48 hours.
Customers in the Canary Islands, Ceuta, and Melilla must return the item and place a new order.
To make changes to size and/or item, you must send the request to the email info@joyerialidia.es indicating your ORDER REFERENCE and the references of the items you wish to return and those you wish to receive in their place.
Our team will explain the process to you so that the exchange is as quick and convenient as possible for both of us. You have 14 business days from the date the package arrives to request an exchange . The item you request may be of a higher or lower value. You will need to make a payment if the item is of a higher value; otherwise, we will issue a refund.
Once an exchange has been made, the customer can request another exchange or return within a maximum of 7 days for a size change and 14 days for a completely different item. After this period, we will not be able to process the request.
12.4 RETURNS AND EXCHANGES (INTERNATIONAL)
For international returns (outside of Spain* and Portugal), all the same conditions apply except for the return shipping time. The customer must arrange a courier service for the return of the package and must bear the associated costs. The shipment must be sent within 7 business days of the return confirmation.
For any questions, please contact us at info@joyerialidia.es or on our phone 627 56 53 80.
(*) Ceuta, Melilla and the Canary Islands are considered International.
12.5 SPECIAL ORDERS OR ORDERS WITH RESERVATION AND PAYMENT IN INSTALLMENTS.
Special orders placed by the customer when the item is not in stock will be made exclusively for the customer upon their express request and will be ordered from the factory for production. Therefore, the item cannot be returned for any reason, except in the case of a manufacturing defect.
Orders placed in installments, at the customer's request, will only be processed by phone or email. There is no payment deadline as long as the customer makes payments at least once a month, regardless of the amount. Otherwise, the maximum payment period is two months. A deposit is required to confirm the reservation; this deposit is non-refundable. Payments can be made by card, bank transfer, or bank deposit. The customer will receive a pro forma invoice for the order via email, mail, or other means of communication, including physical payment upon prior request as proof of reservation.
The merchandise will be delivered once the full payment has been officially received.
These orders cannot be returned or modified if more than 15 days have passed since they were reserved, as the value of the merchandise purchased decreases over time due to sale periods.
If the customer has made a deposit and does not make any additional payment or is not interested in completing the payment, they will lose the deposit and the item(s) will no longer be held for them.
12.6 RETURNS NOT ACCEPTED
To process a return, you must carry out the legal withdrawal as detailed in sections 12.1 and 12.4. Any item not returned in accordance with the points mentioned above will not be accepted or refunded.
If this occurs and we receive unauthorized merchandise, the customer is responsible for collecting it, as it remains their property, within a maximum of 6 months from the date of receipt. Otherwise, after this period, the company will dispose of the goods by donating them to charitable organizations.
12.7 CANCEL A PURCHASE
There is no legal right to cancel a purchase, but rather a right of withdrawal (set out in section 12.1).
However, we voluntarily offer an order cancellation service, provided it can be processed by sending a written request to info@joyerialidia.es with the order reference before shipment. Cancellation will incur costs that may vary depending on the payment method used (transaction fees vary according to the payment method and the purchase amount) and whether the order is already in the 'Preparation in progress' status, which will involve costs for the use of packaging materials (cardboard box, security seal, etc.).
13. LIABILITY AND EXEMPTION FROM LIABILITY.
Unless expressly stated otherwise in these Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.
To the extent legally permitted, and unless otherwise provided in these Terms, we will not accept any liability for the following losses, regardless of their origin:
- Loss of income or sales.
- loss of business.
- loss of profits or loss of contracts.
- loss of anticipated savings.
- data loss.
- loss of management time or office hours.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise herein.
All product descriptions, information, and materials on this website are provided "as is" and without any express or implied warranties.
To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded in relation to consumers and users.
The provisions of this clause will not affect your statutory rights as a consumer and user, nor your right to withdraw from the Contract.
14. INTELLECTUAL PROPERTY.
You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in the materials or content provided as part of this website belong to us or our licensors at all times. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
15. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS.
You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs, or any other technologically harmful or damaging material. You must not attempt to gain unauthorized access to this website, the server on which it is hosted, or any server, computer, or database connected with our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in criminal penalties as defined by applicable law. We will report any such violations to the relevant authorities and cooperate with them to identify the perpetrator. Furthermore, in the event of a breach of this clause, your authorization to use this website will be immediately revoked.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data, or materials as a result of using this website or downloading content from it or from websites to which it may redirect.
16. LINKS FROM OUR WEBSITE.
If our website contains links to other websites and third-party materials, these links are provided for informational purposes only, and we have no control over the content of those websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.
17. WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically satisfy the legal requirement that such communications be in writing. This condition will not affect your statutory rights.
18. NOTIFICATIONS
Notifications you send us should preferably be sent via our contact form. In accordance with the preceding clause and unless otherwise stipulated, we may send communications to either the email address or the postal address you provided when placing your order.
Notifications will be deemed to have been received and properly served at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that notification has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly deposited in the post or 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.
The Contract is binding on both you and us, as well as on our respective successors, assigns and legal representatives.
You may not assign, transfer, encumber or otherwise dispose of a Contract or any of your rights or obligations under it without our prior written consent.
We may assign, transfer, encumber, subcontract, or otherwise dispose of a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, such assignment, transfer, encumbrance, or other disposal will not affect your statutory rights as a consumer or otherwise nullify, reduce, or limit any express or implied warranties we may have given you.
20. EVENTS BEYOND OUR CONTROL.
We will not be liable for any failure or delay in performing any of our obligations under a Contract that is caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, failure to act, omission, or accident beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.
Our obligations under the Contracts will be suspended for the duration of the Force Majeure Event, and we will be granted an extension of time to perform those obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.
21. RESIGNATION.
Our failure to require strict compliance by you with any of the obligations assumed by you under a Contract or these Terms and Conditions, or our failure to exercise any rights or remedies available to us under such Contract or these Terms and Conditions, shall not constitute a waiver or limitation of such rights or remedies, nor shall it relieve you from complying with such obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies arising from the Contract or the Terms.
No waiver by us of any of these Terms or of any rights or remedies arising from the Contract will be effective unless it is expressly stated to be a waiver and is made in writing and communicated to you in accordance with the Notices section above.
22. PARTIAL NULLITY.
If any of these Terms and Conditions or any provision of a Contract are declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, unaffected by such declaration of nullity.
23. COMPLETE AGREEMENT.
These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenants, agreements or promises between you and us, whether oral or written.
You and we acknowledge that we have entered into this Contract without relying 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 of us prior to this Contract, except as expressly stated in these Terms and Conditions.
Neither you nor we will have any recourse against any inaccurate statement made by the other party, whether oral or written, prior to the date of the Contract (unless such inaccurate statement was made fraudulently) and the only recourse available to the other party will be for breach of contract in accordance with the provisions of these Terms.
24. OUR RIGHT TO MODIFY THESE CONDITIONS.
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in force at the time you use this website or place each order, unless we are required by law or governmental decision to make retroactive changes to those policies, Terms or Privacy Statement, in which case, any changes will also affect orders you have previously placed.
25. APPLICABLE LAW AND JURISDICTION.
The use of our website and contracts for the purchase of products through this website will be governed by Spanish law.
Any dispute arising out of or relating to the use of the website or to these contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation grants you as such.
26. COMMENTS AND SUGGESTIONS.
Your comments and suggestions are welcome. Please send them to us via email at info@joyerialidia.es.
27. DATA SECURITY AND CONFIDENTIALITY
All information provided by CUSTOMERS will be used to process orders, future purchases, and to send information about offers and services via email and/or mail that may be of interest. The purpose of using this data is to maintain the contractual relationship established between JOYERÍA LIDIA and the CUSTOMER, as well as to manage, administer, provide, and deliver commercial or advertising information about JOYERÍA LIDIA products or those of third-party collaborators or affiliated companies. The User declares to be informed of the conditions and data transfers detailed in this clause.
The personal data received will be processed in accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data and Royal Decree 1270/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, and other related regulations in force in Spain.
Furthermore, the CLIENT is informed that Carmen Horneros has adopted the security levels required by the regulations and undertakes to keep secret all data provided.
Customers may at any time exercise their rights of access, rectification, cancellation by contacting us.