GENERAL TERMS AND CONDITIONS OF SALE
1. Identification data of the owner
These general terms and conditions of sale comprehensively regulate all sales transactions that may be offered, provided or carried out from the online store located on the website www.bali-jewels.es, owned by Carolina Gomez Santos (hereinafter Bali Jewels), with Tax Identification Number or Code No. 72472603v, registered office at c/gurutze 10, 1b, Lazkao 20210, Guipuzcoa, Spain.
These terms and conditions may be modified by Bali Jewels at any time, and the user will be informed of the existence of any new version of these that contains substantial changes.
2. The user
Access, navigation and use of the Website confers the status of user, and therefore, from the moment you begin browsing the Website, you accept all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Use this Website only to make legally valid inquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases.
Provide true and lawful contact information, such as email address, postal address and/or other information.
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Bali Jewels does not warrant that the Website complies with the laws of other countries, either in whole or in part.
3. Applicability of the general conditions
These conditions apply to all quotations, offers, activities, agreements and deliveries of products by or on behalf of Bali Jewels. Deviation from these conditions is only possible if the parties have explicitly agreed to this in writing.
4. Object
These conditions govern the use of the website www.bali-jewels.es that Bali Jewels makes available to its users and customers. Purchases at www.bali-jewels.es may be made from Spain, including the entire Spanish territory. The products that Bali Jewels sells through its website are mainly:
Decorative items imported from Indonesia and decorative items created by Carolina G.
These General Conditions have been drawn up in accordance with the provisions of Law 34/2002 on information society services and electronic commerce, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, all of which are legal provisions that must be applied.
Bali Jewels may modify them without prior notice, so it is recommended that you consult them periodically, especially when you intend to make effective use of its online store located at www.bali-jewels.es. However, Bali Jewels is always committed to keeping them updated, publishing the latest version and allowing access and printing at any time.
5. Conditions of access and purchase
Access to the Bali Jewels Portal is free and grants the user the status of User, regardless of subsequent use of the services offered.
The User must register in order to purchase from our store by completing a form, which will involve assigning personal credentials consisting of a unique identifier (which will be the email address) and a password, the preservation and safekeeping of which will depend exclusively on the User, who must operate with them with due diligence. Therefore, Users will not use passwords other than their own in order to impersonate other Users when using www.bali-jewels.es.
The acquisition of products at www.bali-jewels.es may only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchasing process, consisting, by way of example only:
(i) Completion of the registration form or the identification form for previously registered users;
(ii) On-screen display of the order summary, delivery conditions and shipping costs – if applicable;
(iii) Acceptance of the purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Particular Conditions and
(iv) immediate receipt of a summary email in the account used for registration or – failing that – as soon as possible and always within the next twenty-four hours.
The purchase of products from www.bali-jewels.es for subsequent distribution or resale is not permitted, either in public establishments or in the home. Bali Jewels will regulate and authorize the necessary permits if it ever allows it, and will duly notify the authorized agent of said authorization.
6. Orders
No valid order may be placed without expressly accepting, through the boxes enabled for this purpose, the terms and conditions and privacy policy of Bali Jewels.
All orders will be considered as purchase offers subject to these terms and conditions. Bali Jewels reserves the right to accept them if the requirements set forth herein are not met.
Once an order has been placed, the system automatically generates a receipt of the order. However, this confirmation does not automatically imply acceptance of the order, since Bali Jewels reserves the right to collect additional information related to identity and address to guarantee both a correct delivery of the order and to ensure the absence of fraud related to the transactions.
Orders can be placed 365 days a year, at any time, except when the service is suspended for maintenance or other commercial circumstances and/or force majeure.
Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option of waiting until the product is available or cancelling the order.
7. Delivery
Delivery will be deemed to have taken place at the time when the user or a third party indicated by him acquires material possession of the products.
The delivery time for the order will vary depending on the destination country and will be indicated on the website once the order confirmation is obtained. In any case, it will not exceed 60 days from the date of order confirmation. In the event that the delivery date cannot be met, we will inform the user of this circumstance and will offer them the option of continuing with the purchase by setting a new delivery date or the possibility of cancelling the order and obtaining a full refund of the price paid.
If the recipient is absent at the time of delivery, a notice will be left so that the recipient can collect the shipment at the place and within the time indicated. After the deadline has elapsed without collection taking place, the shipment will be returned to Bali Jewels.
8. Price and payment
It is understood that the price of each product is the one that will appear on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, together with shipping costs, which will be added to the final price to be paid.
Prices may be modified by Bali Jewels at any time and without prior notice, without affecting already confirmed orders. However, even after confirmation, Bali Jewels will not be obliged to fulfil orders when the price is incorrect, especially when the error is obvious and easily recognisable.
The accepted payment methods are:
Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
Payment via PayPal.
Klarna
Bali Jewels reserves the right to change the payment methods, creating new ones or eliminating existing ones, without the user/customer of www.bali-jewels.es being able to make claims for this reason. However, if the change in the payment method affects an order already placed, www.bali-jewels.es will contact the customer to inform them of this change, offering them the option of cancelling the order if they consider it appropriate.
Payment by credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated are correct. In order to provide maximum security to the payment system www.bali-jewels.es uses secure payment systems from leading financial institutions in electronic commerce. In this sense, confidential data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. The SSL encryption system used provides total security to the transmission of data through the network. Customer data enjoys total confidentiality and protection. Credit card data is not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the Bali Jewels financial institution, through its Secure Payment Gateway. Credit cards are subject to verification and authorization by the issuing entity, but if the entity does not authorize payment, Bali Jewels is not responsible for any delay or lack of delivery and will not be able to enter into any Contract with the customer. Bali Jewels reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including cancellation of the order) so that the purchased goods are delivered in accordance with the data contained in the order.
Payments with PayPal are made directly on the PayPal website, following the terms of use established by PayPal. If the order is not paid within one hour, Bali Jewels will cancel the order.
9. Right of withdrawal
The User has the right to withdraw from the contract entered into through www.bali-jewels.es within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days after the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the goods.
To exercise the right of withdrawal, the User must notify Bali Jewels of his/her decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). The User may use the withdrawal form template included at the end of these conditions, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the User to send the communication regarding the exercise of this right before the corresponding deadline expires.
In the event of withdrawal, Bali Jewels will refund all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered) without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Bali Jewels of his decision to withdraw from the contract. Bali Jewels will proceed to make said refund using the same payment method used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, the User will not incur any costs as a result of the refund. Bali Jewels may withhold the refund until it has received the goods, or until the User has provided proof of the return of the same, depending on which condition is met first.
The User must return or deliver the goods directly to Bali Jewels, without any undue delay and, in any case, no later than within 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract to the address of Bali Jewels indicated at the beginning of these Conditions. The deadline will be deemed to have been met if the User returns the goods before the deadline has expired. The User must assume the direct cost of returning the goods.
The User shall only be liable for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
It is hereby specified that any Products not sealed upon delivery or which may be returned for health or sanitary reasons shall not be eligible for withdrawal (including, but not limited to, any Beauty Care Products if their lid or closure is removed).
The right of withdrawal will not be applicable to contracts that refer to:
The supply of goods whose price depends on fluctuations in the financial market that Bali Jewels cannot control
The supply of goods made according to the consumer and user's specifications or clearly personalized.
The supply of goods that may deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that Bali Jewels cannot control.
Contracts in which the consumer and user has specifically requested Bali Jewels to visit them to carry out urgent repair or maintenance operations.
The supply of sealed audio or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user, with the knowledge on their part that they consequently lose their right of withdrawal.
10. Warranty
In accordance with the General Law for the Defense of Consumers and Users and other complementary laws, Bali Jewels offers a two (2) year warranty on all its products from delivery and we will proceed, as appropriate, to repair, replace, reduce the price or refund the amount of the product. If you need to make a warranty claim, please contact us through the contact methods provided above.
This warranty does not cover possible breakages or wear caused by use. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
11. Customer Service
Bali Jewels has a customer service department so that the User can manage their complaints, queries, or request guarantees and exercise the right of withdrawal.
The User may direct their complaints, claims or requests for information to the Bali Jewels Customer Service, using any of the following methods:
- By sending an email to carolina.gomez@bali-jewels.es
- Calling the phone number 624534602, every day of the week (24h)
All queries and especially complaints and suggestions will be dealt with as quickly as possible, without in any case exceeding the deadlines established by current legislation.
Likewise, they will be recorded by means of a written receipt, on paper or any other durable medium.
12. Protection of personal data
Carolina Gomez Santos is the Controller of the User's personal data and informs you that these data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which the following information on the treatment is provided:
End of treatment:
Maintain a business relationship with the User.
Data collected:
The personal data collected on this site are as follows:
Account opening: When creating the user account, your name, surname, telephone number, postal address,
Login: When the user connects to the website, he/she records, in particular, his/her surname, first name, access data, usage data, location and payment data.
Profile: Using the services provided on the website allows you to enter a profile, which may include an address and telephone number.
Payment: As part of the payment for the products and services offered on the website, financial data relating to the user's bank account or credit card are recorded.
Communication: When the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
Cookies: Cookies are used when using the site. The user has the possibility to disable cookies from their browser settings.
Use of personal data
The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. More specifically, the uses are as follows:
access and use of the website by the user;
management of the operation and optimization of the website;
organization of the conditions of use of the Payment Services;
verification, identification and authentication of data transmitted by the user;
offering the user the possibility of communicating with other users of the website;
implementation of user assistance;
personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
fraud prevention and detection, malware and security incident management;
management of potential conflicts with users;
the sending of commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;
when the user posts publicly accessible information in the free comment areas of the website;
when the user authorizes a third party website to access their data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of providing these services, and are contractually obliged to use them in accordance with the provisions of applicable regulations on the protection of personal data;
If required by law, the Website may transmit data to file claims against the Website and to comply with administrative and judicial proceedings;
Security and confidentiality
The Website implements organisational, technical, software and physical digital security measures to protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by directing their request to the following address c/gurutze 10, 1b, Lazkao 20210, Guipuzcoa, Spain or to the email address carolina.gomez@bali-jewels.es.
Right to withdraw consent at any time.
Right to access, rectification, portability and deletion of your data and to limit or oppose its processing.
Right to file a complaint with the supervisory authority (agpd.es) if you consider that the processing does not comply with current regulations.
13. Language of the contract
These general terms and conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in the event of a dispute.
14. Applicable legislation
These General Conditions are governed by Spanish law. The parties agree, at their discretion, to resolve any conflicts and waive any other jurisdiction, to the courts and tribunals of the user's domicile.
EXHIBIT
WITHDRAWAL FORM
(To be completed by the consumer, and sent by certified mail with return receipt,
within a maximum period of 14 days from the date of conclusion of the contract)
For the attention of:
Carolina Gomez Santos
located at: c/gurutze 10, 1b, Lazkao 20210, Guipuzcoa, Spain
Phone number: 624534602
Email address: carolina.gomez@bali-jewels.es
I hereby inform you that I am withdrawing from the purchase made in your online store, which I identify below:
Name and surname of the buyer: ....................................................................................................
Buyer's address: ...................................................................................................................................
Buyer's email: .......................................................................................................................
Order date: ...................................................................................................................................
Order reference: ......................................................................................................................................
Buyer's signature