Terms of use and legal notice

GENERAL CONTRACTUAL CONDITIONS ROMAN JEWELER

1. IDENTIFICATION OF THE HOLDER AND GENERAL INFORMATION

These Terms and Conditions regulate access to and purchase of products on the website romanjoyero.com (hereinafter, the “ Website ”) owned by ARMENORILLO, SL (hereinafter, “ ROMAN JOYERO” ), which is the entity that markets the products displayed on it and is responsible for the contractual relationship maintained with the user (hereinafter, the “ User ” or the “Users ”) for the purchase of products on the Website.

• Entity: ARMENORILLO, SL
• Registered Office: Calle Méndez Núñez, nº 1, 3rd floor, Seville, Postal Code 41001
• IF: B41881772
• Public Registry: Commercial Registry of Seville, Volume 2645, Book 0, Folio 123, Section 8, Sheet SE 32269/Se, Registration 1.
• E – mail: info@romanjoyero.com
• Telephone number: +34 664 34 41 32

Notwithstanding the foregoing, depending on the product purchased, it may be subject to specific conditions based on the product's characteristics. These specific conditions are set out in these terms and conditions.

2. OBJECT

This document establishes the terms and conditions (hereinafter, the “ Terms and Conditions ”) that will govern the acquisition of products offered by ROMAN JOYERO to Users on the Website.

Any matter not expressly provided for in these Terms and Conditions shall be reserved to ROMAN JOYERO without prejudice to the application of the provisions of current legislation.

Checking the corresponding box to indicate acceptance of these Terms and Conditions will be considered reserved for ROMAN JOYERO, without prejudice to the application of current regulations.

By checking the box to accept these Terms and Conditions, and by following all the steps online, the User expressly accepts them, and this acceptance has the same validity as a handwritten signature. The User acknowledges being of legal age and capacity to enter into the obligations arising from their actions on the Website, and that they have read and understand its content.

In any case, in order to contract with ROMAN JOYERO, the User must be of legal age (≥ 18 years) and have the necessary legal capacity to enter into contracts.

3. WEBSITE ACCESS

Access to the Website is completely free and can be accessed by any User without needing to fill out any forms. Therefore, accessing and browsing the Website does not require registration, although to make any purchase or to receive advertising, information, and periodic offers for promotional campaigns and our products, it will be necessary to complete the web forms provided for this purpose.

The data provided by Users must be truthful. If such information is incomplete, inaccurate, or false, Users agree to indemnify ROMAN JOYERO against any damages, losses, or third-party claims that may arise as a result of the inaccuracy or falsity of the data provided. Under no circumstances will ROMAN JOYERO be held responsible for the accuracy of the data provided by Users; therefore, each User will be solely responsible for any consequences, errors, or omissions that may arise from the lack of quality of the data.

4. ELECTRONIC CONTRACTING

In accordance with the provisions of the applicable regulations, contracts concluded electronically will produce all the effects provided for by law when consent and the other requirements necessary for their validity are met.

In any case, the electronic medium on which the contract entered into electronically is recorded will be admissible as documentary evidence in case of dispute between the parties.

For these purposes, it will be understood that following all phases of the purchase process, and where applicable, paying the corresponding amount, necessarily implies providing the consent required for the contract.

Similarly, all information relating to the contracting procedure is made available to Users prior to the start of the contracting procedure.

• Background information

These Terms and Conditions are available to all users of the Website via the following link romanjoyero.com.

Access to the hiring process is completely free, with no additional associated costs other than those of the User having an Internet connection.

All products sold are fully described in their corresponding product sheets made available to Users, and any issues not expressly indicated therein are not included.

The contract between ROMAN JOYERO and the User is considered perfected from the moment the User completes the contracting procedure by pressing the " Buy " button or similar, it being understood that following all the phases of the electronic contracting procedure and including all the requested data, together with marking the corresponding box relating to the acceptance of these Terms and Conditions, constitutes a direct manifestation of the User's will to accept them.

ROMAN JOYERO, as an information society service provider, will archive the electronic document formalizing this contract. This electronic document will be accessible to the User, who may download and print it, and will include these Terms and Conditions. ROMAN JOYERO will send an email to the User confirming the purchase, along with the corresponding invoice.

The language in which the contracting procedure will be processed and in which this contract is formalized will be, unless otherwise indicated, Spanish.

• Purchase procedure

The purchase process for the products offered is carried out electronically through the Website. Anyone with internet access can make a purchase, and all products offered through the Website are publicly accessible without any restrictions on their viewing.

The complete procedure that all Users who wish to purchase any of the products offered through the Website must follow will consist of the effective completion of the following steps:

1. Add the item(s) you wish to purchase to your cart
2. Go to the shopping cart to read and accept the terms of use, privacy policy and legal notice.
3. Select the delivery method and fill in the personal details for the shipping address.
4. Click the shipping button and choose the option that best suits you. If you choose in-store pickup, please indicate your preferred store in the notes section.
5. Add the payment method you will use to make the purchase and select the "pay now" option.

• Product Features

The Website offers different types of products. ROMAN JEWELER sells jewelry of all kinds (hereinafter, the “ JEWELRY(IES) ”). The following are examples, but not an exhaustive list, of the types of JEWELRY.

1. Rings
2. Earrings
3. Bracelets
4. Chains and necklaces
5. Pendants
6. Twins
7. Brooches and pins
8. Clocks

The Website offers all types of JEWELRY mentioned above in both gold and silver, as well as some of them in steel.

The data included on the Website in each product and service description, in its photographs, graphic or iconographic representations or videos, as well as trade names, trademarks or distinctive signs of any kind, are for informational purposes only. Therefore, ROMAN JOYERO disclaims any liability for errors in said information, although it undertakes to take all measures within its power to correct said errors or omissions as soon as possible after being informed of them.

Similarly, ROMAN JOYERO offers the option of contracting a workshop service for any repairs or modifications not caused by a manufacturing defect, without prejudice to the provisions of the product conformity section of these Terms and Conditions. However, as indicated in the section dedicated to this service, to contract it, the User must contact ROMAN JOYERO staff by telephone to activate it. The User must also provide information in the " Observations " section created for this purpose, explaining the reason for sending the item to the workshop. The User acknowledges that each repair or modification has a different price, which will be calculated and communicated before proceeding. This service can only be used once the price has been finalized and agreed upon with the customer.

5. ECONOMIC CONDITIONS

5.1. Prices

The current price of the JEWELRY will be the one indicated at any given time on the Website along with its description, and will be publicly accessible on the same for viewing.

All prices are shown in euros, unless expressly stated otherwise.

All prices shown are final prices, expressly including Value Added Tax (VAT) and any other applicable charges. However, before proceeding to payment for each purchase, the final price will be displayed, including all applicable increases or discounts, charges passed on to the User, additional costs for ancillary services, payment methods, etc. In any case, all these amounts will be shown to the User in a detailed breakdown during the checkout process.

The corresponding VAT will be applied to the products sold on the Website in each case. However, VAT will be deducted for all purchases made by Users from the Canary Islands, Ceuta, or Melilla, without prejudice to any other applicable taxes in those territories.

5.2. Discount codes

ROMAN JOYERO may periodically offer discount codes to its Users. These discounts may only be applied according to the instructions specified by ROMAN JOYERO for each code, and in any case, Users may only use one code per order, unless otherwise indicated.

The use of discount codes will not be compatible with certain promotional actions and collections, unless otherwise arranged by ROMAN JOYERO.

5.3. Payments

Once the User has purchased any of the products offered on the Website and paid through any of the methods made available to Users by ROMAN JOYERO, ROMAN JOYERO will send the User an email containing all the information relating to the products purchased, their price, applicable taxes and any other information required by law.

In any case, the payment of financial amounts via the Internet will be carried out through the platform provided by an external financial entity.

The contract will only be effective once ROMAN JOYERO receives payment confirmation from the bank providing the secure payment system. If the transaction is declined by the bank for any reason, or if the full amount (including administrative fees and bank transfer charges) is not received, the contract will be suspended, and the User will be informed that the transaction has not been completed.

If the payment is made in installments, we will have to wait for them to confirm the payment before we can proceed to send the order to the customer.

Furthermore, in accordance with current legislation, ROMAN JOYERO cannot subsequently modify the invoices for sales that have been made and confirmed. Therefore, the invoice will be issued in the name of the individual who contracts the purchase of the JEWELRY or the provision of the services. The User must ensure that the order is placed under the correct name, as duplicate invoices cannot be issued for third parties, nor can they be issued after the warranty period has expired.

5.4. Payment methods

Only the following credit or debit cards are accepted for purchases: Visa, Mastercard, American Express, Maestro.

The use of PayPal, ShopPay, Union Pay or GooglePay is also permitted.

Another payment option is in installments through our Aplazame platform, in which you will have to fill in your details when making payments and be approved by them, for which you will have to meet certain requirements.

Finally, it can be done via bank transfer.

6. DELIVERY CONDITIONS

The delivery of the purchased products will be made by home delivery or collection at the physical store enabled for this purpose, at the User's discretion, provided that both options are possible.

The home delivery of the purchased products will, by default, be made to the physical address indicated by the User.

Home delivery may involve an additional shipping cost, which will be calculated based on the location of the address (outside the peninsula) and which will in any case be shown to the user during the contracting procedure on the payment screen as an option.

Collection will be arranged, whenever possible, at the store chosen by the User. ROMAN JOYERO will send the User a notification when the purchased product is available for collection, informing them of the deadline for collection and the consequences of failing to do so.

7. GUARANTEES AND RETURNS

All products offered are original products, with manufacturer's warranty and without any defects, having their legally recognized warranty periods.

The User may return to ROMAN JOYERO, at their own expense, any product that is defective or does not conform to the description provided within three (3) years from the date of receipt. However, if the defect becomes apparent more than two (2) years after delivery, the User must demonstrate to ROMAN JOYERO that the fault, defect, or lack of conformity existed at the time of delivery. The User must notify ROMAN JOYERO through the designated contact channel, specifying the defective product(s), attaching photographs and evidence demonstrating the defects or lack of conformity, a detailed description of the defects, the purchase order, and any other documentation that identifies the User's purchase.

Once ROMAN JOYERO has received the User's notification and analyzed the issue, they will inform the User as soon as possible whether or not the product return is applicable, taking into objective consideration the nature of the product or the type of alleged non-conformity. If the return is applicable, ROMAN JOYERO will instruct the User on how to send the defective product to their warehouse at the following address:

Avenida Eduardo Dato 22, Urb. Huerta del Rey, H-4, 9ºA, Sevilla (Sevilla), 41018.

However, ROMAN JOYERO will not, under any circumstances, be responsible for products that are returned without the User having followed the process detailed above.

Each product to be returned must be unused or, if the defect is noticed after normal and everyday use, in the best possible condition, and must be returned along with all its original labels, packaging and, where applicable, documentation and accessories that came with it. If the User does not proceed in this way, ROMAN JOYERO will have to objectively assess the incident, determining if the product is defective according to its nature and the type of the alleged lack of conformity.

If the product does not conform to the contract, the User may choose between demanding repair or replacement, unless one of these options is objectively impossible or disproportionate. From the moment the User notifies ROMAN JOYERO of their chosen option, both parties must abide by it. If the User chooses repair, and the product remains non-conforming after the repair and delivery, the User may demand replacement, unless this option is disproportionate, in which case the User may choose between a price reduction or termination of the contract.

ROMAN JOYERO informs the User that, due to the nature of the products, repair may not always be possible as it could be disproportionate. If, given the specific characteristics of the product and the defect, repair is possible, the consumer will be expressly informed of this and given the option to choose between replacement or repair.

In accordance with the above, the User may replace the defective product with another of identical characteristics, at no cost to them. If it is not possible to replace the defective product with another of identical characteristics, they will be offered the option of choosing a similar new model.

The delivery of the product with identical characteristics or the new model chosen by the User, as appropriate, will be made between three (3) and five (5) business days following the date on which ROMAN JOYERO will confirm to the User the replacement of the defective product or the shipment of the new model.

In the event that the repair of the product cannot be carried out and that the replacement of the product is not in accordance with the contract, the User may choose to terminate the contract.

ROMAN JEWELER informs Users that the refund period will depend on the payment method used by the User for the purchase.

No returns or exchanges are accepted in the following cases:

• Pre-order items: All products ordered through pre-order are manufactured or purchased specifically for you, therefore they cannot be returned or exchanged.

• Personalized items: Any item that has been personalized according to your preferences (including engravings, modifications, etc.) will not be eligible for return or exchange.

• Items that have been altered or modified: Products that have been altered or resized in our workshop cannot be returned or exchanged.
• Earrings: For hygiene reasons, returns are not accepted. However, if you are not satisfied with your order upon receipt, you can request an exception within the first 24-48 hours. Our team will evaluate each case individually.

8. RIGHT OF WITHDRAWAL

The User has the right to withdraw from the order placed remotely without giving a reason, within a period of thirty calendar days from the correct receipt of the product. The User may return the entire order or, if preferred, may return any of the products included in the total order, all without penalty and without needing to state the reasons.

The User must bear the direct cost of the return to ROMAN JOYERO, whether they return the entire order or decide to return only some of the products in the order.

To initiate a return, please contact ROMAN JOYERO at info@romanjoyero.com . ROMAN JOYERO has attached a return form to this document, which you may complete, without prejudice to any other communication required, to exercise your right of withdrawal. Upon receiving this notification, ROMAN JOYERO will inform you how to ship the order back to their offices or warehouses.

ROMAN JOYERO is not responsible for the courier service the User hires for order returns. Therefore, ROMAN JOYERO recommends that the User request proof of delivery from the courier company once the product has been delivered to ROMAN JOYERO's offices, so that the User has confirmation that the product has been correctly delivered to ROMAN JOYERO. ROMAN JOYERO is not responsible for the return address provided by the User if it differs from the address indicated. ROMAN JOYERO may request proof of delivery from the User to verify the delivery.

The costs of returning the order (such as shipping costs through courier companies) will be borne directly by the User.

The product must be in perfect condition and with all its original labels, packaging, and, where applicable, documentation and accessories. If the User fails to comply with these requirements or if the product has suffered any damage, the User accepts that the product may be subject to depreciation or that ROMAN JOYERO may refuse the User's exercise of the right of withdrawal.

Once ROMAN JOYERO verifies that the order is in optimal condition, ROMAN JOYERO will proceed to refund all amounts paid by the User.

If the User decides to return the order in full, ROMAN JOYERO will refund the User all amounts paid (including shipping costs related to delivery from ROMAN JOYERO to the User).

If the User only wishes to return one or some of the products that were part of the order, ROMAN JOYERO will not be able to refund the shipping costs that the User has paid for the entire order.

ROMAN JEWELER informs Users that the refund period will depend on the payment method used by the User when purchasing the product:

• Shopify payment gateway (American Express, Amazon Pay, Visa, Google Pay, etc.)
• Paypal
• Defer payment (installment plan)
• Bank transfer

In any case, ROMAN JOYERO will return the amounts paid as soon as possible and, in any case, within thirty (30) days following the date on which the User has informed of his decision to withdraw from the contract.

In the case of promotions applicable to independent items that include the addition of an additional product, being, by way of example but not limitation, 2x1, 3x2 promotions or any other that implies the delivery of an extra product free of charge or at a reduced price, if the User decides to exercise their right of withdrawal on their purchase, said right will have effects on the set of products provided as part of the promotion.

The right of withdrawal will not apply when it comes to products made according to the User's specifications or clearly personalized, in accordance with the case established in article 103. C) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

9. PRODUCT EXCHANGE POLICY

Notwithstanding the foregoing, ROMAN JOYERO does not allow the exchange of a product purchased by the User for another product offered on the Website.

If the user wishes to exchange a product, they must exercise their right of withdrawal in accordance with the provisions of the previous clause and subsequently purchase the new product they wish.

10. CUSTOMER SERVICE

ROMAN JOYERO, as the owner of the Website and responsible for the marketing and sale of the products offered therein, provides the User with a customer service department, in which due attention will be given to all queries, complaints, claims and suggestions made in relation to the purchase of products through the Website.

Specifically, the contact methods available to Users are:

• Our available emails for customer service ( info@romajoyero.com )
• By calling or via WhatsApp to our contact number (+34 664 34 41 32)
• Through a message on our social media (Instagram and Facebook)

Once ROMAN JOYERO receives the customer's communication, it will try to respond to the claims or queries received as soon as possible, which in no case will exceed 30 days from when the User submitted the claim or query.

Complaint forms are available to the User.

11. CONFIDENTIALITY AND DATA PROTECTION

In accordance with applicable regulations, all personal data provided during the use of the Website will be processed in accordance with the Privacy Policy, available on our page, which all Users must expressly accept in order to use, register and purchase products on the Website.

12. LEGISLATION AND COMPETENT JURISDICTION

Whenever applicable regulations allow the parties to choose a specific jurisdiction, any dispute arising from or related to the purchase of products on the Website will be governed by Spanish law in force at the time of the dispute. To the extent permitted by applicable law, we will submit to the jurisdiction of the Courts of Seville, as well as, where appropriate, to the Consumer Arbitration Boards or similar bodies to which we are affiliated at the time the dispute arises. Notwithstanding the foregoing, in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, in the event of a dispute, we will submit to the jurisdiction of the Courts of the consumer's domicile.

13. DISPUTE RESOLUTION

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, in the event of a dispute, you may, if you so wish, resort to the “ Commission’s Online Dispute Resolution Platform ” to try to resolve out of court any dispute arising from the provision of services by ROMAN JOYERO.

You can submit your complaint to a dispute resolution body authorized by the Commission via the following link: http://ec.europa.eu/consumers/odr/

To file complaints regarding the use of our services, you can contact us at the electronic or physical address indicated in section 1, corresponding to " Identification of the Owner and General Information ", and we commit to seeking an amicable solution to the conflict at all times.

Last updated on May 3, 2023

ATTACHMENT 1

Model withdrawal form

(You only need to complete and send this form if you wish to withdraw from the contract)

• To the attention of (here you should insert the name of the business owner, their full address and their email address):
• I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/provision of the following service
• Ordered on/received on (*)
• Name of the consumer and user or consumers and users
• Address of the consumer and user or of the consumers and users
• Signature of the consumer or users (only if this form is submitted on paper)
• Date