By means of this document, the General Contracting Conditions of the website www.empire-sapphire.com are established, which has as its object the sale of products of EMPIRE SAPPHIRE, S.L. (hereinafter, EMPIRE SAPPHIRE), with CIF B70600358 and address at Calle Robustino Pérez del Río, 13 BA 11 - 15930 Boiro (A Coruña) by those individuals or entities (hereinafter, the contracting party or user) who express their willingness to purchase products that are made available in the store of the website www.empire-sapphire.com through the request made by electronic means (specifically, via the Internet) through this website owned by EMPIRE SAPPHIRE.
1 .- INFORMATION AND CONTRACTUAL DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Terms and Conditions are permanently displayed on the website www.empire-sapphire.com, owned by EMPIRE SAPPHIRE, and all users may file them, print them and, therefore, be previously informed of the conditions under which the products of the store (hereinafter the product) will be hired.
Likewise, these General Conditions are reiterated along with a summary of the specific request -specific product/s contracted, cost with indication of taxes if applicable, shipping costs, etc.- for their express acceptance by the contracting person, by clicking "I have read and accept the terms and conditions", each time a specific request is made through the website.
The contracting person, by accepting these Conditions gives his express and unreserved consent for EMPIRE SAPPHIRE to perform the necessary collection operations for the acquisition of the product it contracts, expressly authorizing EMPIRE SAPPHIRE to make the collections in the payment methods that it has selected, or entered from the secure area enabled for that purpose, in accordance with the rules of payment services.
These General Conditions, together with the specific request made through the Internet by the contracting party - also called "Special Conditions" - form the content of the contract between EMPIRE SAPPHIRE and the contracting party who declares to have sufficient capacity to contract and to have read, understood and accepted these conditions.
EMPIRE SAPPHIRE, at the time of contracting and within a period not exceeding twenty-four hours will send to the email address associated with the account of the contracting person the confirmation of the order placed.
The contracting person will have the present General Conditions permanently available on the website. Any subsequent modification of the present General Conditions will be clearly displayed in an easily accessible place on the website www.empire-sapphire.com. All the documentation indicated above may be printed and filed by the contracting person, and may be requested at any time from the Customer Service Department, via e-mail sent to email@example.com; or by calling the telephone number 881 887 292.
Any request for information, or claim that is deemed relevant, may be submitted to the Customer Service Department at the addresses identified in the previous paragraph. The Service will acknowledge receipt of the complaint submitted by sending the relevant receipt - with the corresponding identification code - to the e-mail address that must be provided to the Customer Service Department in order to process the complaint.
EMPIRE SAPPHIRE hereby undertakes to deliver to the contracting party the product requested by the latter through the website www.empire-sapphire.com in exchange for a certain price and in accordance with the conditions set forth in this document.
3.- EMPIRE SAPPHIRE'S RIGHTS AND OBLIGATIONS
Delivery of the product
EMPIRE SAPPHIRE undertakes to deliver the product in perfect condition to the address indicated by the contracting party on the order form, which contains the particular conditions attached to these general conditions. EMPIRE SAPPHIRE shall not be liable for any errors caused during delivery when the data entered by the contracting party on the order form do not conform to reality or have been omitted.
Unless otherwise agreed by the parties, EMPIRE SAPPHIRE shall deliver the product by transferring its material possession or control to the contracting person, without any undue delay and in accordance with the time limits indicated on the website, which in no case shall exceed thirty calendar days from the conclusion of the contract.
Items purchased at www.empire-sapphire.com will be shipped via UPS. The conditions of order tracking will be subject to the policy of this company.
3.2. Responsibility of EMPIRE SAPPHIRE
EMPIRE SAPPHIRE will in no way be liable for:
- The errors, delays in access by the contracting party when entering their data in the order form, the slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of unforeseen circumstances or force majeure and any other unforeseeable contingency beyond the good faith of EMPIRE SAPPHIRE. In any case, EMPIRE SAPPHIRE is committed to solve the problems that may arise and to offer all the necessary support to the contracting party to reach a quick and satisfactory solution to the incident.
- The errors or damages produced by an inefficient and bad faith use of the product by the contracting person.
- The inoperability of the email address provided by the contracting person for sending the order confirmation.
3.3. Return conditions
EMPIRE SAPPHIRE has the absolute responsibility for the quality of the product, admitting the return of these as long as they are NOT on promotion, do not have any kind of discount or have not been personalized. In some cases, special conditions will be applied depending on the dynamics or activity on which the purchase is being made. We suggest you to check the terms and conditions of each dynamic in the section of activities and promotions in force.
In this case, EMPIRE SAPPHIRE will be responsible for the costs incurred as a result of such return, provided that the contracting party communicates this fact within a maximum period of fourteen calendar days from the date of delivery and the product has not been consumed or altered in any way. EMPIRE SAPPHIRE is exempt from any responsibility in relation to possible breakages or defects of the product produced after the delivery of the product. Likewise, EMPIRE SAPPHIRE shall have no liability in connection with any product that has already been consumed or used without any incidence by the contracting person who intends to make a claim.
The contracting person, before signing the delivery of the order must check that the product is delivered in perfect condition, if you give your agreement at the time of delivery is understood by both parties that the product was delivered correctly and that therefore the possible deterioration occurs after delivery.
The contracting party expressly waives any contractual or extra-contractual liability for possible damages arising from the above in this clause. In any case, the responsibility of EMPIRE SAPPHIRE if you breach the provisions of this agreement under the terms of these general conditions shall be limited to the refund of the amount that, if any, could have paid the contracting person in relation to the product and always after returning the product in question by the contracting person.
The contracted product has the guarantee of conformity foreseen in the Law. If the product does not conform to the contract, the contracting person may choose to require the replacement of the product, or, if appropriate, the reduction of its price or the termination of the contract, under the terms established by law.
If you wish to return your product, you must do so through the following channels:
- Through the Customer Service phone line, from Monday to Friday, from 8:00 to 14:30.
- Through our Customer Service email, where we will be able to respond to you after hours.
- Through the contact form on our website or through the chat integrated into the platform.
To process the return of products the customer will have a maximum of 20 days to carry it out. In the case of a delivery with several packages, the end of the maximum period will begin to be counted from the delivery of the last package.
In order to improve our service we will give the customer the opportunity to select the reason for the return if they wish:
- You did not like it
- Does not fit or is not your size
- Defective product
- Other (write the reason for the return)
The full amount of the product will be refunded. The customer must take into account that, in case of having selected the most expensive payment method, he will have to bear the additional expenses. If you choose a different type of delivery than the standard one, the transport costs and other possible additional costs involved in returning the product will be borne by the customer.
For a return to be accepted it is essential that the customer sends the proof of purchase with the package (if electronic, via email) and the product must be returned in the same packaging in which it was received, with the original labels, in good condition and clean. In this way we will be promoting a good practice of recycling and reusing the box. If the labels have already been removed, they must be included in the package to be returned.
Once we receive the product in our offices, we will verify the conditions of this and according to the results, the option that the client has demanded will be carried out.
In the event that the product does not meet the conditions to accept the return, we will duly inform the customer with a notification via email, specifying the reason for not proceeding with the exchange and / or warranty and the product will be returned to the initial shipping address.
The customer may return any product with manufacturing defects free of charge.
We will give the option that, if the product has been returned for reasons such as "defective product", you will be given the possibility to make the purchase of an equal or similar one (always of equal or lower price), with the 10% discount, in this case.
The coupon to make the new purchase with the discount will be sent in 2 working days after receiving the product in our offices.
The customer will receive a refund request form to process it. Once we confirm the receipt of this form, the time for the refund will begin.
Changes will be processed in (approximately) 3 working days after the product is received at our offices, and the same regular delivery times will apply.
The refund of the total amount by EMPIRE SAPPHIRE will be made within a period of 14 days at most.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
The contracting person agrees to pay the amount for the product actually requested in the amount and form established in these Conditions.
This website has a security certificate SSL (Secure Socket Layer). This security standard allows the transfer of data in a safe and encrypted way between the user and the website. When a secure connection is established it is because the following is fulfilled:
- The security certificate guarantees the authenticity of the website (it is not a fake website)
- Encrypts the information that is transferred from the user's browser to the web server where the page is hosted.
The remuneration for the product effectively requested by the contracting person will be that indicated on the website and that which appears in the specific request of the contracting person at each moment (except in the case of a typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product that appears on the website is always indicated in euros including value added tax (VAT).
In the event of an error in the price of the product ordered by the contracting party, EMPIRE SAPPHIRE will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. In the event that the contracting party cannot be contacted, the order will be considered cancelled and any amounts paid will be fully reimbursed, without any right to compensation.
The complete final price will include: taxes or fees, the amount of increases or discounts applied to the offer and additional costs - for example, those associated with transport, means of payment, etc. - that are passed on to the contracting person, which will be expressly accepted by the contracting person.
EMPIRE SAPPHIRE will issue the invoice corresponding to the contracted product detailing all the concepts that make it up. The contracting party expressly consents to the sending of the invoice by electronic means to the e-mail address provided when the order is processed. At any time, the contracting party may communicate their wish to receive invoices on paper, by means of a communication addressed to the Customer Service Department.
4.1.2. Payment methods
The contracting person must pay the amount corresponding to the product contracted by means of one of the payment methods and procedures available on the EMPIRE SAPPHIRE website.
EMPIRE SAPPHIRE only accepts payments made by Paypal, bank transfer and card payment (Redsys) Banco Santander.
Any additional charges associated with the selected payment methods must be paid and confirmed separately in accordance with the terms indicated on the website. PayPal has additional costs associated.
The contracting person, who has the condition of consumer in accordance with current legislation, may withdraw from the contract made on www.empire-sapphire.com, without the need for justification, within fourteen calendar days from the day of delivery of the last of the products included in the contract.
The contracting of those products that are made according to the specifications of the contracting person and clearly personalized will not be subject to withdrawal.
To exercise the right of withdrawal, the contracting person must notify his or her decision to withdraw from the contract by means of an unequivocal statement to EMPIRE SAPPHIRE, in C/ Robustiano Pérez del Río, 13 BA 11, 15930 - Boiro (A Coruña)- Spain, or firstname.lastname@example.org, indicating that he/she is withdrawing from the contract and providing the following information: reference of the order, date of receipt, name and surname of the contracting person and his/her address. You may also use the form provided in the current regulations on consumer and user protection. If the withdrawal is presented on paper, it must be duly signed by the contracting party. In order to comply with the deadline, it is sufficient that the notification is sent before it expires.
In the event of withdrawal by the contracting party, EMPIRE SAPPHIRE shall return all payments received, including - where applicable - delivery costs (except for additional costs resulting from the contracting party's choice of a delivery method other than the least costly method of ordinary delivery offered by EMPIRE SAPPHIRE), without any undue delay. Such reimbursement shall be made using the same means of payment employed for the initial transaction, unless otherwise expressly agreed. The contracting party shall not incur any expenses as a result of the reimbursement. EMPIRE SAPPHIRE may withhold the refund until it has received the products or until proof of return is provided.
The contracting person shall return or deliver the products directly to EMPIRE SAPPHIRE, at C/ Robustiano Pérez del Río, 13 BA 11, 15930 - Boiro (A Coruña)- Spain, without any undue delay and, in any case, no later than fourteen calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline will be considered fulfilled if you return the products before the end of this period. The contracting person must assume the direct cost of returning the products. The cost of the return will depend on the transport and/or courier company selected by the contracting person to return the product.
.3. Responsibility of the contracting person
The contracting person assumes all risks of deterioration, impairment, damage and loss of the product from the moment it has been made available by the third party who, on behalf of EMPIRE SAPPHIRE, delivers the product ordered.
The contracting person shall be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and, where appropriate, the operation of the products.
The contracting person undertakes to verify the good condition of the product to the third party, on behalf of EMPIRE SAPPHIRE, makes the delivery of the product ordered, verification that will be made prior to signing the receipt of delivery.
EMPIRE SAPPHIRE and the contracting person may terminate this contract for any of the causes established by law and in particular for non-compliance with these General Conditions. The resolution of the contract may be exercised by contacting the other party at: the postal address provided by the contracting person when contracting the service, and at the address of EMPIRE SAPPHIRE, duly identifying the contract to be terminated.
6.- COPYRIGHT AND TRADEMARK
EMPIRE SAPPHIRE informs that the own contents, programming and design of the website www.empire-sapphire.com, are fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of those protected elements unless express consent of EMPIRE SAPPHIRE.
EMPIRE SAPPHIRE may use external sources for the preparation of its contents on certain occasions and / or establish links or hyperlinks to articles or information from third parties, always quoting the source. The lawful owner of the copyright of this information may at any time request the removal of such references.
7.- DATA PROTECTION
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The Courts of Ribeira are competent to resolve any controversy or conflict arising from these general conditions, expressly waiving the contracting person to any other jurisdiction that may correspond. Consumers can use the platform for out-of-court settlement of disputes, arising from contracts of sale or provision of services concluded online, accessible through the following link: http://ec.europa.eu/odr.
In the event that any clause of this document is declared null and void, the remaining clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. This contract is only in Spanish. EMPIRE SAPPHIRE may not exercise any of the rights and powers conferred by this document which does not imply in any case the waiver of them unless expressly recognized by EMPIRE SAPPHIRE.