Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the website https://www.hiperjoya.com/ is owned by "Andrés García Bastante" , with CIF: 05921783L and registered office at C/ Aduana 14, 13500, Puertollano (Ciudad Real). This legal notice regulates the conditions of use of the aforementioned website.

Contact phone number: +34926411037.

Contact email: joyeria.andres38@gmail.com

Terms of Use.

These Terms and Conditions describe the terms applicable to the services and content offered through the website https://www.hiperjoya.com/ and govern the legal relationship between "Andrés García Bastante" and the client.

Access to the website is free and open to all; using the website implies unconditional acceptance of all the Terms of Use. If you do not agree with these terms, you must refrain from using this page.

The user's visit to the e-commerce site must be responsible and in accordance with current legislation, good faith, these Conditions, and respecting the intellectual and industrial property rights owned by "Andrés García Bastante," or any other natural or legal person.

The use of any of the website's content for purposes that are or could be illegal is strictly prohibited, as is the performance of any action that causes or could cause damage or alterations of any kind not consented to by "Andrés García Bastante" to the e-commerce site or its content.

The website and the products and services offered by "Andrés García Bastante" are intended for adults with sufficient legal capacity to be bound by these Terms of Use. The use of certain services or the purchase of certain goods or services may be subject to special supplementary conditions that will require express consent and will prevail in all cases over these general conditions.

CONTACT: For any questions, inquiries or suggestions, you can send us your comments by email to: joyeria.andres38@gmail.com

User registration.

Using the services provided by "Andrés García Bastante" and making purchases on the website requires registration as a user on the website, although the website also offers the possibility of making a purchase without registering, providing a series of data necessary for processing the order. Due to the content and purpose of the website, people who wish to benefit from its services must have the status of " Client ," following the steps that "Andrés García Bastante" communicates via email. The status of Client implies acceptance of the Terms of Use, the version published at the time of accessing the website.

To complete the registration, you must provide a series of personal data that must be true and accurate. You can consult our privacy policy at the following link: https://www.hiperjoya.com/politica-de-privacidad.

Likewise, you should bear in mind that you can modify your personal data at any time, as well as exercise the rights of access, rectification, erasure, restriction and objection in accordance with Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

Choose any product that appears in our selection or catalog, and you will access all the information related to it.

Once you have made your selection, choose the quantity you wish to purchase and add it to your shopping cart. The shopping cart status will then be updated, informing you at all times of your purchase details. You can place your order, add more of the same product, add new products, or clear the cart and start the purchase process again.

Choose your payment method. You can pay with Credit or Debit Card, PayPal, Bank Transfer, or Bizum. Once you have placed your order, you must enter the requested information to have the goods delivered to you. We will also send you an immediate order confirmation to your email address. The purchase document will be stored by "Andrés García Bastante" to formalize the contractual relationship. If you are a registered customer, you can view this information in your " Order History " in the " My Account " section.

The order placed will be assigned a reference number that can be used at any time to make any inquiries related to it.

The completion and acceptance of the order through the purchase process is proof of the customer's consent to validate the sales contract, which obligates the parties to comply with what has been agreed upon.

"Andrés García Bastante" will accept order cancellations when requested before shipment. To cancel, please call 926 411 037 or send an email to joyeria.andres38@gmail.com .

Form of payment.

The purchase of services or products through https://www.hiperjoya.com/ allows the following payment methods:

• Credit card: By selecting this payment method, you will be redirected to our bank's payment gateway (Banco Santander, with the 4B payment gateway), and you will be able to make the payment securely with Visa, MasterCard, 4b, 4b MasterCard, 4b Maestro, and American Express cards.
• PayPal: The transaction will be processed by PayPal, a well-known and secure payment platform, at no cost to the customer. By accepting this payment method, you will be redirected to the PayPal website, where you can make the payment using your PayPal account.
• Bank Transfer: By selecting this option, you will see instructions on screen to make the transfer or deposit into a bank account belonging to "Andrés García Bastante" . The order will be processed once payment is received.
• Bizum: Selecting this payment method will automatically process and send the order.

Product prices are those indicated in the accompanying description. All prices shown in the product description are in Euros (€) and include Value Added Tax (VAT). Shipping costs will be added to this price at the time of purchase on the website, and will be paid by the consumer.

The purchase may be subject to shipping costs payable by the buyer. These shipping costs will depend on the destination and the total order amount; the costs will be detailed throughout the purchase process, so you can review them before completing your purchase.

Shipping costs and delivery times will vary depending on the type of shipping requested and the amount of the order:

Standard Shipping 24-72h:

Peninsula: FREE for minimum orders of €69 (for orders under €69: shipping costs €5.95) or no minimum order for in-store pickup.

Outside the Iberian Peninsula: In this case, "Andrés García Bastante" will inform the buyer personally about the shipping time depending on the destination designated by the customer.  

* Estimated delivery times for orders placed before 4:00 PM.

If several products are out of stock at the time of placing the order, we assume the responsibility of sending you the order even if it is not complete and does not reach the minimum. For those products that are not in stock, the customer will be informed by email of the approximate delivery time communicated to us by the manufacturer or supplier and will be kept informed of any variation that may arise in that time.

"Andrés García Bastante" will not be held responsible for delays in the delivery of orders due to causes not attributable to it, as well as for fortuitous events or force majeure.

The delivery time must be between 9:00 AM and 7:00 PM in capital cities and large towns.

Please, if you have or have had any problems or if the transport has been delayed longer than expected, call us or send an email to joyeria.andres38@gmail.com. Our goal is to offer you the best service and if there is any anomaly that prevents this, please contact us as soon as possible so that we can help you.

If the area where you want to receive your order is not listed among the options, you just have to notify us and we will add it immediately.

If you wish to agree on special conditions (amounts exceeding €500), please contact us at joyeria.andres38@gmail.com

Availability:

"Andrés García Bastante" informs the Customer that the number of available units is kept updated with the stock in the warehouse and the availability from our suppliers. Under no circumstances will "Andrés García Bastante" intentionally put on sale more units than it has available or that the supplier has reserved for it.

"Andrés García Bastante" will do everything possible to satisfy all its clients' demands for products. However, on occasion, and due to causes difficult for "Andrés García Bastante" to control, such as human error or incidents in computer systems, it is possible that the quantity finally served by the supplier may differ from the order placed by "Andrés García Bastante" to fulfill client orders.

In the event that the product is unavailable after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the customer to cancel the entire order. If, following this cancellation, the customer wishes to return the delivered product, they must follow the procedure outlined in " Section 7: Returns ".

The maximum delivery time is 30 calendar days from the day after the order is placed. If the legally stipulated delivery time is not met, the consumer will have the right to terminate the contract and request a refund of the amounts paid.

The seller is responsible for any damage caused to the goods during transport, with the exception of when the consumer is responsible for the transport.

Without prejudice to the foregoing, if you have problems with products or services purchased on this website, you can file a complaint through the European Union's online dispute resolution platform via the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase

"Andrés García Bastante" reserves the right to refuse to accept the claim submitted through the platform.

Each delivery is considered completed from the moment in which "Andrés García Bastante" makes the product available to the Client, which is materialized through the control system used by the transport company.

In the case of delays in the delivery of orders attributable to "Andrés García Bastante", the Customer may cancel their order in accordance with the procedure described in Section " 11. Return ". Delays in delivery will not be considered in cases where the order has been made available to the Customer by the transport company within the agreed period and could not be delivered due to a reason attributable to the Customer.

For security reasons, "Andrés García Bastante" will not ship any orders to PO boxes or military bases, nor will it accept any orders when it is not possible to identify the recipient of the order and their address.

As a customer, you are considered a consumer in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, "TRLGDCU").

In accordance with the services provided through our website, the provisions of Title V " General Provisions on Consumption ", Article 114 et seq. of Royal Decree 1/2007 apply.

As a consequence of the foregoing, and in accordance with article 97.1.m) of Royal Decree 1/2007, mentioned above, the consumer is reminded that the conformity of our products will be conditioned by the provisions of articles 115, 115 bis, 115 ter and 115 quater of the aforementioned legislation.

Furthermore, the consumer is informed that, in accordance with the provisions of Article 120 of Royal Decree 1/2007, the business will be liable for any lack of conformity existing at the time of delivery of the goods, provided that this lack of conformity manifests itself within three years of the delivery of the contracted goods.

Finally, we inform you that, in accordance with Article 121 of the aforementioned legal body, it will be presumed that any lack of conformity that manifests itself within two years of the effective delivery of the goods already existed when the goods were delivered to the consumer, except when, for those goods, this presumption is incompatible with their nature or the nature of the lack of conformity.

In light of the above, we inform you that the products sold are food products and therefore perishable and consumable. Consequently, they will not be covered by a guarantee if they have been consumed or if the best-before date has passed. Therefore, once the Products have been collected, or in the case of products delivered to the customer's home, returns will only be accepted if there is any damage not caused by the end customer or a manufacturing defect, provided that the product has not been opened.

If the product shows any defect or deficiency that does not comply with the contract, please contact the customer service department of "Andrés García Bastante" immediately via email: joyeria.andres38@gmail.com to obtain instructions on how to return the product. In these cases, please refer to " Section 7 " of this text, which regulates the " Return " policy.

In accordance with article 102 of Royal Legislative Decree 1/2007, of the General Law for the Defence of Consumers and Users, you have the right of withdrawal, which means you can cancel the contract without needing to justify your decision within fourteen (14) calendar days from the date of receipt of the purchased goods or from the date of the contract if it is a service .

The consumer will have a maximum period of 14 calendar days to return the goods, starting from the day after communicating their decision to withdraw to the seller. In cases where the consumer exercises their right of withdrawal within the aforementioned period, they will not be required to pay any amount that constitutes a penalty as a consequence of the return.

You must express your intention to withdraw within the specified period and proceed to return the product, and we will refund the price paid, excluding the shipping costs generated by the order.

In other words, in case of withdrawal, users and consumers will bear the direct costs of returning the products. Conversely, if the product is defective or does not conform to the contract, the customer will have the right to return the product, and "Andrés García Bastante" will assume the costs incurred by said return.

You can exercise this Right of Withdrawal using the following form, in accordance with the conditions set out above:

• Online withdrawal form
• Withdrawal form PDF.
• https://www.hiperjoya.com/withdrawal-form

Once the validity of the exercise of the right of withdrawal has been verified, "Andrés García Bastante" will proceed to refund the full amount of the order by the same means by which the payment was made, unless the consumer justifies the use of another method of refunding the amount paid.

However, and without prejudice to the foregoing, in accordance with the provisions of Article 103 d) and e) of Royal Legislative Decree 1/2007, this right shall not apply to goods sent sealed, which, due to their characteristics, are not suitable for return for reasons of health or hygiene protection, and which have been unsealed by the consumer after effective delivery. This right of withdrawal shall also not apply when, due to the nature of the products, they may deteriorate or expire rapidly.

Likewise, we will not accept cancellations or returns of products that have been modified by the customer or any third party not authorized by the supplier or manufacturer, used items, or items without their original packaging.

Without prejudice to the exceptions established herein regarding cases in which the consumer's right does not apply, all exceptions provided for in Article 103 of Royal Legislative Decree 1/2007 shall apply.

RETURN PROCEDURE.

All products purchased from [Company Name] may be returned and refunded, provided that the Customer communicates their intention to return the purchased product(s) within a maximum period of 14 working days from the delivery date and that the other conditions set out in this section are met. The procedure described may not, in any case, contradict the provisions of the previous section, in the event that the consumer exercises their right of withdrawal, the procedure described in " Section 6 Right of Withdrawal " being paramount.

If the shipment does not arrive in perfect condition or there has been an error on the part of "Andrés García Bastante" , the customer will have the right to request that the product be resent at no additional cost or that the total purchase amount, including shipping costs, be refunded, once the product has been returned to our facilities and the incident has been verified.

If the shipment has been damaged during transport, the customer must notify "Andrés García Bastante" within two months of receipt. In this case, "Andrés García Bastante" will initiate the claim procedure with the transport company to replace the damaged goods at no additional cost to the customer.

Manufacturing defects or malfunctions of the products are covered by the warranty of "Andrés García Bastante" . We will proceed to replace them without waiting for the response of the manufacturer or supplier.

"Andrés García Bastante" will only accept returns that meet the following requirements:

1. The product must be in the same condition as when it was delivered and must retain its original packaging and labeling.

2. The shipment must be made using the same box in which it was received to protect the product. If this is not possible, the Customer must return it in a protective box to ensure the product arrives at the "Andrés García Bastante" warehouse with the greatest possible guarantees.

3. A copy of the delivery slip must be included in the package, indicating the returned products and the reason for the return.

To proceed with a return, the following steps must be followed:

1. Notify us within 24 hours of receipt that you wish to return the product. You can do so by phone at 926 411 037, or by email at joyeria.andres38@gmail.com

2. "Andrés García Bastante" will inform the client of the address to which the product should be sent.

3. The customer must send it via a courier company of their choice. The return shipping must be paid by the customer.

4. Inform the courier company used, the date and time of the return.

CUSTOMER REFUNDS.

The return of the products will result in a refund equal to the cost of the returned products minus the cost of the return service.

Only in the case that the delivered product is defective or incorrect, "Andrés García Bastante" will also reimburse the Client for the corresponding shipping costs.

Partial returns and cancellations will result in partial refunds.

"Andrés García Bastante" will process the return order using the same system used for the payment within 3 days of confirmation of the returned order's arrival at the warehouse. The application of the refund to the Customer's account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.

"Andrés García Bastante" holds all rights to the content, design and source code of this website and, in particular, and by way of example but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included on the website.

Clients and Users are hereby warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property.

Likewise, and without prejudice to the foregoing, the content of this website is also considered to be computer software, and therefore, all current Spanish and European Union regulations in this area also apply to it.

The total or partial reproduction of this website, or any of its contents, is expressly prohibited without the express written permission of "Andrés García Bastante" .

Likewise, copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that constitutes an infringement of current Spanish and/or international regulations regarding intellectual and/or industrial property is totally prohibited, as is the use of the website's content without the express written authorization of "Andrés García Bastante" .

"Andrés García Bastante" states that it does not grant any implicit license or authorization regarding intellectual and/or industrial property rights or any other related right or property, directly or indirectly, with the content included on the website.

The use of the contents of the website is only authorized for informational and service purposes, provided that the source is cited or referenced, with the user being solely responsible for any misuse thereof.

If any clause included in these Conditions is declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall only affect said provision, the present General Conditions remaining in full force and effect in all other respects, and said provision shall be deemed not to be included.

These conditions are governed in accordance with Spanish law. "Andrés García Bastante" and the user agree to submit any disputes that may arise in relation to the contracting of products or services covered by these General Conditions to the Courts and Tribunals of the User's or consumer's domicile.