Terms and Conditions

PURCHASE CONDITIONS-TERMS AND CONDITIONS

1. General contracting conditions

A. Information prior to contracting

The contract of the provider with the user for the purchase of their products will produce all legal effects, when the consent and other requirements necessary for its validity, as established in the current regulations, concur.

The products offered by the provider are aimed at end consumers. Therefore, we inform you, under the current legislation, that a consumer is any natural person who does not carry out any commercial activity and buys for his/her own consumption

Usual prices and prices in "PROMOTIONS" published on the website http: /www.joyaschantal.com/

We inform users who visit this portal that the domains www.joyaschantal.com and www.jewellerychantal.com belong to the owner of the website JOYAS CF, S.L.U.

The prices displayed on the portal may be reviewed and modified if the conditions require it, at any time. For this reason, we inform in advance, that on the web it is possible that they appear in the "PROMOTIONS" tab. Offers will remain on sale while stocks last. This fact will be shown with the corresponding prices in each of the products displayed on the portal. For this, the offer price and the usual price crossed out will be indicated, offering truthful and transparent information at all times.

All the prices of the products displayed on this website include the IGIC (General Indirect Canarian Tax). The tax base plus the taxes corresponding to the purchase and other expenses will be found in the shopping cart at the end of the purchase, on the final invoice.

B. Information to the consumer about the exercise of the right of withdrawal

The exercise of the right of withdrawal under 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, taking into account the content of Article 68 “The right of withdrawal of a contract is the power of the consumer and user to terminate the contract entered into, thus notifying the other contracting party within the period established for the exercise of that right, without the need to justify his/her decision and without penalty of any kind ”.

This means that the user can exercise the right to withdraw from the contract signed with the commerce, within a period of 14 (fourteen) calendar days without the need for any justification.

C. Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the user must notify his/her decision to withdraw from the contract through an unequivocal declaration (for example, a letter sent by certified mail, or email). You can use the model withdrawal form that appears in this section.

Instructions for its completion:

Address the letter by certified postal mail, or by e-mail at the following addresses available to JOYAS CF, S.L.U.

• By email: contacto@joyaschantal.com

• Or, by means of a postal letter addressed to: Avda de Tirajana s / n - Hotel Riu Palace Maspalomas – Chantal Foucher Joyas - 35100 SAN BARTOLOME DE TIRAJANA.

• Attaching, in both cases, a photocopy of the DNI or document proving your identity.

Model withdrawal form (You only have to fill in and send this form if you want to withdraw from the contract):

I hereby inform you that I am withdrawing from the sale contract of the following good: (essential details), indicating the following data:

• PRODUCT NAME

• REFERENCE NUMBER AND ORDER NUMBER

It is essential to provide the following personal data (if it is not recorded, we will understand that the right of withdrawal may not be exercised):

• Personal data of the consumer.

• Domicile of the consumer.

• Signature of the consumer.

• Date of signature of the document.

The withdrawal period will begin to run from the day the buyer received the order, or failing that, from the time the seller became aware of the purchase by the customer.

The right of withdrawal is subject to the following conditions:

• The return of the product will not be allowed if the wrappers or packages have been tampered with or unsealed.

• Products of the same order must be returned in the same shipment, not accepting returns of the same order separately.

• The products must be in their original packaging and with the warranty seals, if applicable.

• Not having passed the period of 14 (fourteen) calendar days, from the acceptance of the purchase.

• If the product does not meet the conditions mentioned above, an email will be sent to you, arguing that the exercise of the Right of Withdrawal does not proceed.

• The provider may retain the amount of the refund until the merchandise has been received at the physical establishment: Avda de Tirajana s / n - Hotel Riu Palace Maspalomas - Chantal Foucher Joyas - 35100 SBT

• The return costs will be borne by the customer, and must be contracted with the same parcel company as the one used in the shipment.

• If the buyer observes when the package is received, that it is not properly closed or it shows breakages, the buyer must leave a written record of the fact on the delivery note, and inform by sending an email to contacto@joyaschantal.com

• in less than 24 hours on behalf of JOYAS CF, S.L.U., to proceed to demand possible claims.

• In the event that the customer does not make any claim within 24 hours of receiving the product, the Provider will understand that the package was received in the right conditions, and no claim for damage to the package will be accepted.

• You will not be able to exercise the right of withdrawal for those orders made in a personalized way for a single client (bands, personalized jewelery, engravings ...).

D. Consequences of withdrawal

If the right of withdrawal by the client is accepted by JOYAS CF, SLU, for having met all legal requirements, all payments received by the client will be returned, excluding delivery costs, without any undue delay and, from the date on which we are informed of your decision to withdraw from this contract, as long as you have exercised your right within the legal term of 14 (fourteen) calendar days.

In the event that the client exercises the Right of Withdrawal, he will bear the return costs. In addition, to avoid damages to the product, you must use the same shipping company.

We will proceed to make said reimbursement using the same means of payment used by the client for the initial transaction, unless he/she has expressly specified otherwise, in a reasoned manner. In any case, you will not incur any expenses as a result of the reimbursement, except for the shipping costs that will be borne by the customer.

The client, when exercising the right of withdrawal, when the goods are returned to the same, if they suffer deterioration or a change in the nature or destination of their use, the consumer must assume the cost of the repair, which involves restoring the goods for initial use.

1.       Orders and purchases

The Provider provides in a clear and understandable way, truthful and sufficient information on the characteristics of its products, in particular on their legal and economic conditions. That is why the products that are put up for sale offer the maximum guarantee, both from a technical and legal point of view.

The online purchase service through the portal is regulated in these Particular Conditions, subjecting the purchase of products to the following particularities:

• Contracting users must be over 18 years of age.

• Portal orders will be previously requested, by the customer, from the owner of the website, by accessing the shopping cart.

• Once the purchase request has been made by the customer, it will be confirmed in writing by digital means and in an email account provided by the customer.

• Once the order is confirmed, the price to be paid by the customer will be indicated on the order form together with the corresponding taxes and shipping costs.

• Once the order confirmation has been sent by the seller, the contract will be understood to have been concluded and it will be executed in accordance with the general contracting conditions specified in point four.

2.       Shipping prices

The products and shipping costs of this portal will be the following:

Mainland Spain:

Up to 500g € 6.30 (+ € 2 depending on the insured value)

From 1kg € 10.20 (+ € 2 depending on the insured value)

Urgent Package € 12.60

• Europe - Registered shipping always:

100g - € 6.50

500g - € 10.70

1kg - 17.20

2 kg - € 25.10

3 kg - € 30.95

At the end of the purchase, if delivery by courier is required, the amount will be communicated to the customer based on the value, size and weight of the package.

Similarly, if the shipment is made to a country outside the European Community, the rate will be communicated to the customer when confirming the purchase.

INFORMATION NOTE: Orders, in order to be shipped the same day, must be made before 12 noon (Canary time). Otherwise, they will be processed the next day for dispatch, beginning with the reception count.

• The postage will be free for purchases up to € 150 (one hundred and fifty) RRP, except for special and / or very heavy items, such as decorative figures. The cost will be indicated according to the courier company, weight, size of the package and country of delivery. If there is a refund, it will always be at the customer's expense.

• All the items indicated in "PROMOTION" will have shipping costs attached, which will vary depending on the place where the package is to be sent, according to the prices that appear in the previous list.

The delivery companies for the products exhibited in this portal are:

• MRW https://www.mrw.es/

• SEUR https://www.seur.com/es

• DHL https://www.dhl.com/es

In the previous links you can see the tracking of your packages at all times with the reference number provided.

The Provider reserves the right to modify, temporarily suspend or cancel the service at any time.

The Provider reserves the right to reject those purchases that do not pass the security controls established in its electronic commerce systems, and in the security systems of the payment service providers, that it has contracted for the management of payments in this Portal.

Shipping methods and delivery times:

• Orders must be made before 12h (Canary Time) so that they can be shipped on the same day. From this time, they will be processed the next day for dispatch, beginning with the reception count for shipment.

• Saturdays, holidays and local holidays are excluded. Only in case of having them in stock. For orders not available in stock, delivery time will be a maximum of 30 days or, if it is longer, we will inform the customer of the new estimated delivery time.

• The payment confirmation will start the service commitment: Bank transfers take between 24-48h when confirmed. After this period of time, the calculation of the deadlines for the delivery of the order begins.

• Shipments to PO boxes will not be accepted.

• The Provider guarantees the preparation of the order as long as the goods are in stock, the day it arrives, or the day the payment is received.

• All orders that are formalized will be delivered to the carrier, the next business day after the order is requested, and unless they are formalized on Saturdays, Sundays and holidays, in which case the order will be processed on the first business day.

• The Provider reserves the right to vary the type of shipment and the company by which the merchandise is transported, as long as it does not entail a manifest damage to the customer.

• The user is informed that, at the time of delivery of the merchandise, if it is absent, and a second delivery has to be made at the customer's home, the postage will be at their own expense and exclusive charge, or, they will have to go to the delegation of the delivery company that corresponds to them by proximity, to proceed with the collection of the order.

Specific information for products originating from the Canary Islands: General clarifications useful for the consumer.

The introduction of merchandise in the Peninsula, Balearic Islands and Canary Islands from third countries, Ceuta or Melilla, is subject to the payment of import duties, VAT or IGIC (Canary Islands) and, where appropriate, Special Taxes and requires the presentation of an import declaration (DUA).

The provider informs all its clients that the import cost DUA Management and the cost of taxes will be borne by the seller. Only the buyer will have to pay the shipping costs and insurance of the merchandise at his/her own expense when the purchase exceeds € 150.

It must be taken into account, that for the purposes of the application of the import duty exemption of art. 23 of Council Regulation EU 1186/2009, of November 16, 2009, which establishes the Community customs exemption regime, shipments have been valued at the following amounts:

• They are shipments of no estimable value, those whose intrinsic value does not exceed € 150 in total per shipment.

• The intrinsic value of the merchandise will be considered as the value of the merchandise without the amount of insurance and freight.

Shipping value (not including transport and insurance) Taxes to pay General percentage applicable [1]

Internet purchases (sender is a company) Less than or equal to 22 euros Exempt from tariff and VAT 0% tariff

0% VAT

Greater than 22 and less than or equal to 150 euros Exempt from tariff but subject to VAT 0% tariff

21% VAT

Greater than 150 euros Subject to tariff and VAT 2.5% tariff

21% VAT

Shipments between individuals [2] Less than or equal to 45 euros Exempt from tariff and VAT 0% tariff

0% VAT

Greater than 45 euros Subject to tariff and VAT 2.5% tariff

21% VAT

[1] These percentages in the event that the individual does not indicate the tariff classification corresponding to the goods, the corresponding quantities will be applied.

[2] Not applicable to shipments that constitute commercial expedition, to which the limits indicated for online purchases will be applied.

3.       Payment methods

For the payment process, the services of outside third parties are used and, in particular, the following payment services:

• Credit Cards (Visa, MasterCard)

• PAY-PAL

• Bank transfer

All means of payments are made through the electronic payment gateway system of the financial institutions BANCO SANTANDER and BANCO BILBAO VIZCAYA, which function as a virtual point of sale terminal. The provider of said service will request certain details from the user to make the payment, according to the payment methods that it offers.

Once the payment process has been successfully completed, the contract will be understood to have been concluded and the Provider will confirm such contracting by email, in accordance with Law 34/2002, of July 11, on information society services and electronic commerce.

Customer Service:

In accordance with the Law on Consumers and Users, since they are contracts outside of a commercial establishment, the provider makes a truthful and inexpensive means of information available to its clients.

Address the letter by certified postal mail, or by e-mail at the following addresses available to JOYAS CF, S.L.U.

• By email: contacto@joyaschantal.com

• Or, by postal letter addressed to: Avda de Tirajana s / n - Hotel Riu Palace Maspalomas - Chantal Foucher Joyas - 35100 SBT

• Contact phone: +34 609 477 116

• A photocopy of the DNI or document proving your identity must be attached.

4.       Product returns and exchanges

The delivery policy of orders and possible product changes will be governed by the following rules:

1.       The Provider reserves the right to modify, temporarily suspend or cancel the service at any time.

2.       The Provider is not responsible for possible errors that may arise from failures of the computer system, or by human mistakes that may be caused, in billing, sale of products or commercial communication. In which case, they will be rectified objectively, without giving rise to compensation or additional payments to the client, and the user will be offered the possibility of placing a new order or withdrawing from it, returning the money, to the client, that he/she had paid in the initial purchase, if any.

3.       If for reasons not attributable to the Provider or force majeure, a product not available in stock is put up for sale, and it is purchased by a user in the online store, the provider undertakes to act in good faith and offer the user one of the following possibilities:

• Reimburse the amount that the customer would have paid for the purchased product, without any type of compensation to it, through the same means by which the payment was made.

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

    If there is a possibility of having the same product, at a later time, send it in a new delivery term, previously agreed with the client. If the amount paid to the client would not be returned, in case of not being satisfied.

4.       All the watch products displayed on this website have a two-year warranty from the date of purchase. In addition, all objects of the Provider acquired by Users in this Portal have the legal guarantee of consumer goods, that is, their compliance with their description on the Portal and with these Particular Conditions.

6.      Contracting and registration procedure

Before contracting, the client will have at their disposal on the portal the information regarding the procedures that must be followed for the conclusion of the electronic contract for the sale of products or services through the Service.

The online purchase procedure consists of several phases:

1st Phase: Choose the products of the purchase by the user, and add them to the "shopping cart".

2nd Phase: The user must start the session, where appropriate, by filling in the personal and identifying data form and registering, accepting the purchase conditions and privacy policy.

3rd Phase: Payment, where all the amounts are to be collected, including taxes and shipping, will appear. The tariff policy applicable to the Canary Islands tax regime will also be indicated.

4th Phase: Confirmation of the order by the provider, moment in which the contract is perfected under the protection of Law 34/2002, of July 11, on services of the information society and electronic commerce.

5th Phase: Shipping of the products chosen by the user, which corresponds to the seller.

For the online purchase process, the data necessary to carry out the execution and control of the purchase will be required, including the delivery of the product and the payment of the price.

The billing information will be that which appears in the user's registration. The Provider is not responsible for errors made by the user in the data provided to us to make the purchase. The user must pay special attention when filling in the forms and without prejudice to the possibility of correcting said data after completion of the purchase.

If the user enters erroneous data during the purchase process and its correction results in expenses, the Provider reserves the right to charge the User for said expenses or to cancel the requested purchase.

To modify your registration data, you can contact JOYAS CF, S.L.U.:

• By email: contacto@joyaschantal.com

• Or, by means of a postal letter addressed to: Avda de Tirajana s / n - Hotel Riu Palace Maspalomas - Chantal Foucher Jewelry - 35100 SBT

• Contact phone: +34 609 477 116

A photocopy of the DNI or document proving your identity must be attached.

7.       European platform for conflict resolution in online commerce

In the event that a dispute arises between the users and the provider, in the interpretation and application of the regulations on the online purchase of the products of this portal, the European Platform is made available to customers for the resolution of conflicts in online commerce:

• The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu  /consumers/odr/

• Consumers will be able to submit their claims through the online dispute resolution platform.

• This new platform of the European Commission offers online sellers and buyers an alternative to mediate their possible conflicts generated by online buying and selling.

• With this new European complaints system, the aim is to open a way for citizens with the European institutions in the field of e-commerce.

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