Legal terms and conditions

Legal Conditions

 

Details of the terms and conditions of purchase of the website www.gomezymolina.com applicable exclusively to all sales made through this platform.

The use of the website www.gomezymolina.com or placing an order through the same implies full acceptance of the Purchase Conditions and Privacy and Data Protection Policies described herein, which Gómez & Molina Joyeros reserves the right to modify, the applicable conditions being those in force at any given time.

General Information:

In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), the following is the identifying data of the company: The website www.gomezymolina.com operates under the name GÓMEZ Y MOLINA JOYEROS, which is owned by GÓMEZ Y MOLINA MARBELLA. S.L company with CIF B93303311 and registered office at Paseo Benabola S/N in Puerto Banus, Marbella, registered in the Commercial Register of Malaga, folio 1 of volume 5233, sheet number MA-121584, book 4140, document 1/2014/1.490.0, entry 345/899, dated 24-1-2014; Contact phone: 952 817 289; Contact email: banus@gomezymolina.com.

The purpose of the company is the wholesale and retail trade of jewelry, watches, silverware and costume jewelry, through the internet or any other means. Gómez & Molina Joyeros is the official distributor of all the commercial brands present on the website.

Description of products:

The detailed description of the products displayed on the website www.gomezymolina.com is based on Gómez & Molina Joyeros ‘ own information and images (to which the company reserves all rights of use) and/or on information and images provided by suppliers. Gómez & Molina Joyeros is authorized to use the trade names or registered trademarks contained in the website. The company is not responsible for possible errors in the information or characteristics of the published products.

Product availability:

The availability of products on the website is updated according to stock. All product orders are subject to availability. Gomez & Molina Jewelers will not intentionally offer for sale more units than are available in stock. If, due to uncontrollable causes or unwanted errors, Gómez & Molina Joyeros offers for sale a product not available in stock and it is purchased by a user, Gómez & Molina Joyeros undertakes to act in good faith and offer the user the possibility of:

● Refund any amount that may have been paid without any penalty through the same means by which it was made.

● Replace with another model of equal quality and value available in stock with the consent of the customer.

● If there is a possibility of availability of the product, send it in a new delivery time.

Price:

The prices of the products presented in www.gomezymolina.com include VAT (percentage according to current legislation applicable at all times) unless otherwise indicated. Prices do not include shipping costs unless otherwise indicated. Gómez & Molina Joyeros is not responsible for possible errors in the prices of published articles. In the event of an error in the final price of any of the items displayed, Gómez & Molina Joyeros undertakes to inform users as soon as possible of the new selling price, offering affected customers the possibility of reconfirming the order, or the possibility of withdrawing from the purchase on their part. If it is not possible to contact the user, the order will be considered cancelled and the amount of the incorrect price paid will be refunded. Gómez & Molina Joyeros will not be obliged to supply the buyer with any product at the incorrect lower price even if the order is confirmed. The prices of the articles published on the web are subject to variation but except as stated above in case of error, possible changes will not affect orders for which an Order Confirmation email has been sent.

Purchase eligibility:

The user declares and guarantees to act in good faith by using this website only to make legally valid inquiries or orders and not to purchase products through www.gomezymolina.com for the purpose of resale or parallel distribution for commercial gain. If it could be considered that a false or fraudulent order has been placed, Gómez & Molina Jewelers reserves the right to cancel it by crediting the customer the payment made without any penalty for GÓMEZ Y MOLINA JOYEROS. By using this page, the user agrees to provide the requested data in a truthful and accurate manner, consenting that Gómez & Molina Joyeros may use such information to contact users if necessary. If the user does not provide all the information, the order cannot be processed. By placing an order through the website, the user declares to be of legal age and to have the legal capacity to enter into contracts.

Methods of payment:

Gómez & Molina Joyeros offers users a secure telematic payment gateway for credit and debit cards (Visa, Mastercard, Visa Electron and similar cards) offered by the bank BBVA. By authorizing the payment the user is confirming that the credit or debit card belongs to him/her. Credit cards will be subject to checks and authorizations by the issuing entity of the same, so if the entity does not authorize the payment, Gomez & Molina Jewelers will not be responsible for non-delivery or late delivery, not being formalized the purchase. Gómez & Molina Joyeros undertakes not to store, in any case, sensitive information such as card numbers or authentication codes. We also offer under special conditions the possibility of payment by bank transfer or deposit. In this case Gómez & Molina Joyeros reserves the right to delay the shipment of the purchase until the necessary collection guarantees are in place. The user agrees to make full payment for the products purchased within the time established by the company.

Formalization of the Order:

Once the Terms of Use and the purchase confirmation have been accepted, the customer will receive an Order Confirmation email with the details of the transaction.

Shipping and Returns Policy :

Delivery method and deadlines.

Once the purchase is confirmed, the delivery time will not exceed 15 working days, being the usual delivery time less than 48-72h for shipments within the national territory from Monday to Friday. The delay of the order will entitle the customer to cancel the order with refund of the amounts paid but in no case will imply any compensation. If after 5 working days from the Order Confirmation the customer has not agreed a delivery date with the transport company, the customer should contact GÓMEZ Y MOLINA JOYEROS.

If the customer does not contact GÓMEZ Y MOLINA JOYEROS, the transport company will proceed to the return of the shipment to its origin, being the customer who must assume the management costs associated with the shipment and return.

Geographic scope:

The products for sale in the virtual store are subject to geographical restrictions for their distribution. We will only ship to the following countries (Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Japan, Kuwait, Latvia, Lithuania, Luxembourg, Malta, Monaco, Sweden, Norway, Poland, Portugal, Romania, Saudi Arabia, Slovakia, Slovenia, Spain, Holland, Switzerland, United Kingdom, and United States of America) in the event that we cannot guarantee the safe delivery of the products, Gomez & Molina Jewelers reserves the right to restrict the geographic scope of distribution. Molina Joyeros reserves the right to restrict the geographic scope of distribution.

Pick up in store:

If the customer wishes, he/she can pick up his/her order at any of the following GÓMEZ Y MOLINA JOYEROS jewelry stores:

Avda. Ramón y Cajal 15, 29600 – Marbella. Tel. 952 779 999

Paseo Benabola S/N – Puerto Banús. Tel. 952 817 289

To access the in-store pick-up service, the customer must indicate this during the purchase process and must comply with the delivery times indicated by e-mail.

Store pick-up conditions:

The customer must go to the selected point of sale when placing the order and identify himself/herself with the original valid ID card or passport and show the proof of purchase. If the customer wishes the products to be picked up by a third party, he/she must notify us by e-mail together with a signed authorization containing the full details of the customer and the person he/she wishes to authorize (name, surname, ID card or passport number).

Diligence in delivery:

The customer undertakes to check the good condition of the shipment at the time of delivery to the carrier and must reflect any anomaly detected in the delivery note (breakage of security labels, external shocks, moisture, etc. …) and may refuse delivery. The customer must notify Gómez & Molina Joyeros of any delivery incident by e-mail: banus@gomezymolina.com. It will be understood that the delivery or that the order has been delivered when the user (or a third party on his behalf) acquires the material possession of the product, which will be evidenced by the signature of the receipt of the order at the agreed delivery address if it is not “Pick up in store”.

GÓMEZ Y MOLINA JEWELERS:

The customer acting as a consumer and user has the right to return the order within 14 calendar days of delivery. To make a return, the customer must contact Gómez & Molina Joyeros and follow the instructions provided. Under no circumstances will returns be accepted if they do not comply with the procedure and channels established by the company. The user will not have the right to cancel special or personalized orders.shipping and return costs will not be refunded.will not accept returns of products that have been tampered with, that have been used or that have been removed the security seals.it is essential that the products to be returned retain the original packaging (box, documentation, accessories …). Once Gómez & Molina Joyeros notifies that the returned products meet the requirements of authenticity and condition required, the refund of the payment will be made by the same method in which the purchase was made and in a period of less than 15 working days.

Customs declaration and international taxes and duties.

All international shipments, as well as shipments to the Canary Islands, Ceuta and Melilla will be accompanied by an import/export declaration to the customs authorities. This document reflects the total amount of the order and the Customer must pay any international taxes or duties levied on the products in the territory of collection.

Warranty

In accordance with the provisions of Law 23/2003 of July 10, 2003 on Guarantees in the Sale of Consumer Goods, the manufacturer or brand of the product purchased must respond to the customer for any lack of conformity due to manufacturing defects existing at the time of delivery and manifested during the following 2 years. The customer has a period of 2 months from the time he/she becomes aware of any incident caused by manufacturing defects. If the manufacturer of the product purchased verifies and corroborates the existence of a manufacturing defect, it will proceed to repair or replace the item. Always at the customer’s choice, when it is technically possible and has been notified within the established deadlines. Cases that will not be accepted as manufacturing defects:

● General damage caused by improper or abnormal use of the product.

Bumps and scratches caused by normal use of the product.

● Detachments or breakage of gems or other applied elements.

● Stains or changes in luster on metals, gems or other elements caused by external chemical agents.

● Allergies.

● Specific cases for watch products that are excluded from the warranty:

        • Battery life.
        • Normal wear and tear.
        • Damage caused by improper use of the product or lack of maintenance.
        • Any warranty will be void if the product is tampered with by personnel not authorized for such purpose by the manufacturer.
        • All other claims are excluded with the exception of the purchaser’s rights against the manufacturer under applicable law.

Data privacy policy:

In accordance with the provisions of the Personal Data Protection Law (“LOPD”) – Organic Law 15/1999, of December 13, 1999 – we inform you that the personal data that the user must provide during the registration and purchase process through www.gomezymolina.com will be incorporated into the files owned by Gómez & Molina Joyeros S.L. for the following purpose:

To enable the provision of the services requested by the user.

To keep you informed of the products and services offered by Gómez & Molina Joyeros through electronic and/or physical media.

All data requested through the website are necessary for the optimal provision of the services requested by the user. Gómez & Molina Joyeros does not guarantee the correct provision of the services if all the data requested in the registration and purchase process (including those marked as optional) are not provided.

Without prejudice to the purposes indicated in each case, the personal data requested will be stored and managed with due confidentiality, applying the computer security measures established in the applicable legislation to prevent access or misuse of your data, its manipulation, deterioration or loss.

Users may exercise their rights of access, rectification and cancellation of personal data collected on the website by sending their request by e-mail to banus@gomezymolina.com.

Prevention of money laundering and terrorist financing:

To the effect provided for in Article 4 of Law 10/2010 of April 28, 2010, on the prevention of money laundering and financing of terrorism, the client states and declares that he/she is the real owner of the transaction, warning that his/her data may be transferred to those public administrations that, in accordance with the regulations, have the right to access them. If the amount of the purchase exceeds €1,000, the customer will be required to identify himself/herself with a copy of a valid ID card or passport. Gómez & Molina Joyeros reserves the right to withhold the order until the customer identifies himself/herself.

Modification of purchase conditions:

Gómez & Molina Joyeros reserves the right to modify at any time the conditions set forth herein, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by other duly published conditions.

Applicable Legislation:

The use and purchase contracts through www.gomezymolina.com are governed by Spanish law. Any controversy arising from these terms and conditions of purchase shall be submitted to the jurisdiction of the Spanish courts and tribunals.