The present document contains Conditions regulating the use of this website, and the contract binding both parties – you and us – (hereinafter the “Conditions”). These Conditions establish the rights and obligations of the user (hereinafter “you”/”your” and Voronoi Jewelry (hereinafter “us” / “you” / “the Seller”) regarding the products/services we offer on our website or any other site to which we are linked (hereinafter jointly designated as “Voronoi Jewelry”). Please read the present Conditions and our “Privacy Declaration” carefully before clicking on “Authorize Payment” to complete your order. When you use this website and place an order on it, you are agreeing to the Conditions as well as our “Privacy Declaration,” and therefore, if you are not in agreement with all the Conditions and the “Privacy Declaration,” you should not place an order.
These Conditions may be modified, and therefore you should read them before placing an order.
2. USE OF OUR WEBSITE
The present Conditions are the only ones applicable to the use of this website, and substitute any other, except for previous express consent in writing by the Seller. These Conditions are fundamental for both parties, as they have been contemplated to create a binding legal agreement which protects your rights as well as our rights as a company. You agree that, when you place your order, you have read and accepted the present Conditions.
You accept the following:
a. You may not place any speculative, false, or fraudulent orders. Should we have sufficient reason to consider that you have placed an order of this kind, we are authorized to cancel it and to inform the pertinent authorities.
b. You are committed to providing a correct e.mail and postal address, and/or any other contact information and consent that we may use this information to contact you if necessary (see our “Privacy Declaration.”)
c. If you provide us with incomplete information, we cannot fulfill your order. When you place an order on this website, you are guaranteeing us that you are over 18 years of age, and have legal capacity to enter into binding contracts.
3. SERVICE SPECIFICATIONS
Los artículos que se ofrecen a través de este sitio web estarán disponibles internacionalmente.
4. HOW THE CONTRACT IS FORMALIZED
The present information and details on our website do not constitute an offer of sale, but serve as an invitation to do business. There will be no binding contract between the parties regarding any products until the order has been expressly accepted by us (including when your account has been charged). If your offer is not accepted, and you have been charged, the full amount will be returned.
To place an order, you must follow the online purchase process and click on “Authorize payment.” Afterwards, you will receive an e.mail confirming your order (the “Order Confirmation”). This does not mean that your order has been accepted, since it represents an offer you have made to us to buy one or more products. All orders are subject to our acceptance, of which we will inform you via e.mail, notifying you that the product has been sent (Delivery Confirmation). The purchase contract between the parties (Contract) will only be considered formalized when you have been sent the Delivery Confirmation.
The only products contemplated in the Contract are those related to the Delivery Confirmation. We are not obliged to provide any other products which might have been ordered, until we confirm that they have been sent via an independent Confirmation Delivery.
5. AVAILABILITY OF PRODUCTS
All product orders are subject to their availability, and should there be problems with or unavailability of stock, we reserve the right to provide information on possible quality substitutions, of the same price or higher, which you may order. If you do not choose to order these substitution products, we will refund the amount paid by yourself in full.
6. REFUSAL TO FILL AN ORDER
We reserve the right to withdraw any products from the website at any time and/or to modify any of its contents or materials. Although we will do what is in our power to fill all orders, there might be exceptional circumstances forcing us to withdraw any after sending the Order Confirmation, and we reserve the right to do so at any time, at our discretion.
We will not be responsible to you or any third-parties related to the withdrawal of any products on our website, independently of whether the product has been sold or not, as well as to remove or modify any material or contents on the site, or to refuse to execute an order once the Order Confirmation has been sent.
7. PRODUCT WARRANTY
Voronoi Jewelry products are covered by a statutory warranty of two years against non-conformity under the provisions of the Spanish Consumer and User Protection Law.
Unless proven otherwise, it is understood that products conform to the purchase contract and non-conformity to Article 116 under the provisions of the Spanish Consumer and User Protection Law.
Customers can benefit from the warranty provided that the product comes with a proof of purchase.
The customer has the right to have the repair or replacement free of charge. It applies to the same terms mentioned in Return Policy for Defective Products.
8. SHIPPING COSTS
Spain (including Islas Canarias y Baleares), Portugal, Gibraltar y Andorra:
Rest of the World:
9. DELIVERY / INABILITY TO DELIVER
Without prejudice to the provisions previously stated in Article 5 and considering that no extraordinary circumstances may arise, the purchase of product or products as mentioned in the Confirmation of Order will be sent within a period of 72 hours (labor days). A delay of up to 30 days in the delivery could happen due to the following reasons:
If, for some reason, we are unable to meet the delivery deadline, you will be informed of this circumstance, and be given the option of continuing forward with the arranged purchase, with an amended delivery date, or to cancel the order with a total refund. Please keep in mind that we never make deliveries on Saturday or Sunday.
With regard to these Conditions, “delivery” of the product(s) is understood to have taken place when they have been signed for at the delivery address.
If it is impossible for us to make delivery, we will attempt to find a safe place to leave the package. If we are unable to find an appropriate location, your product(s) will be returned to our warehouse. We will leave you a note explaining where the package is located, and how to arrange for another delivery. If you will be unable to reach the delivery point at the stipulated time, please contact us to arrange delivery for another day.
Please take into account that the storage and delivery of your product(s) may be at an additional cost.
10. FORMA DE PAGO
11. TRANSFER OF RISK AND OWNERSHIP
Product risk will be transferred to you upon delivery.
You will acquire ownership of the products when we receive complete payment of all the related owed amounts, including delivery costs, or at the time of delivery (as defined in Clause 9) if this takes place at a later date.
12. PRICE AND PAYMENT
The price of the products is as stipulated on our website, unless there is a clear error. The price shown in our website is the final price, regardless of the taxes of each region. We try to ensure that all the prices on the website are correct, although errors can take place. Should a pricing error be detected in the product(s) you have ordered, we will inform you as soon as possible, and will provide you the option of either reconfirming your order at the correct price or canceling it. If we cannot reach you, the order will be canceled, and we will refund you the entire amount paid.
Due to the peculiarities of online purchasing, the price of the products on the website is only for online purchases, and do not coincide with the public selling price at Voronoi Jewelry establishments. Based on the above, the price featured on the website will only be considered binding for online purchases, and is in no way binding to Voronoi Jewelry stores.
We will not be obliged to provide the product(s) at the lower incorrect price (even if we have sent the Delivery Confirmation), if the error in price is evident and unequivocal, which you may have realized was incorrect.
The website prices include VAT, but exclude delivery costs, which will be added to the total amount owed as expressed in our “Delivery Costs Guide”.
Prices may vary at any time, but (unless as stated previously) possible exchanges will not affect orders with respect to those for which we have sent a “Confirmation of Delivery.”
You may pay with Bank transfer, Visa, Mastercard or Paypal. To minimize the risk of unauthorized access, credit cards will be encrypted. Payment must be authorized when the order is placed, and the total of the order will be charged to the payment system linked to the bank.
When you click on “Authorize Payment” you are confirming that the credit card is yours.
We use Verisign to ensure that payment is secure.
Credit cards will be subject to checks and authorizations from the issuer, but if the entity does not authorize payment, we are not responsible for any delays or failed deliveries, and we will not be able to formalize a contract with you.
13. VALUE ADDED TAX
In accordance with prevailing legislation, all website purchases are subject to VAT charged at the current rate at the time of delivery.
In accordance with prevailing legislation regarding long-distance sales, sales to other EU member counties will be considered local and will pay Spanish tax when the addressee is an individual based abroad. When the addressee is a business or professional making the purchase as part of its economic activity, providing a Tax ID number from the other member state and delivery will be carried out in the addressee’s country.
14. RETURN POLICIES
Right of withdrawal:
The customer is entitled to withdraw from the purchase in accordance with the conditions amended by the Spanish Consumer and User Protection Law within a period of 14 calendar days from the day after the delivery date of the Order.
The period for withdrawal of purchase expires within 14 calendar days from the date of purchase.
In order to formalize the withdrawal of purchase, the customer has to send the product in its original packaging and in perfect condition to Voronoi Jewelry, SA, within the mentioned period with a written letter that states the customer’s withdrawal, personal data and receipt of product or products.
Having the withdrawal formalized and the product in its original packaging returned, a reimbursement will be issued as soon as possible. In any case, it shall be within 14 calendar days from the day after the withdrawal has been done.
All payments made will be reimbursed, including cost of delivery (except for additional cost due to priority or expedited delivery). Refund will be made using the same manner in which payment was made at the time of purchase.
The delivery address for exchanges:
C/ Lagasca, 131 3D
If you have any enquiries, please contact us using our contact form or by calling 28006 Madrid
Changes or returns made for Voronoi Jewelry store purchases: No exchanges or returns can be made to Voronoi Jewelry.
Return Policy for Defective Products
If the delivered Product does not correspond to the specifications of the purchase, Voronoi Jewelry must be immediately contacted in writing. Details of the product and damage have to be clearly specified, or call +34 626 981 611.
The product will be carefully examined. The customer will be informed at the earliest time by e-mail whether the defective product is to be repaired or replaced.
The repair or replacement of the product will be carried out as soon as possible. In any case, the entire process may take 30 days after the e-mail confirmation of the repair or replacement takes place. The refund will be made only if the product cannot be repaired or replaced by same product in perfect condition.
The amount paid for products returned due to damage or defect will be refunded in full, including the cost of shipment and the cost incurred in returning the product to Voronoi Jewelry.
Refund will be made using the same manner in which payment was made at the time of purchase. If a credit card was used for the transaction, the refund will be credited to the same card used at the time of purchase.
RESPONSIBILITY AND EXONERATION OF RESPONSIBILITY
Our responsibility for any product acquired on our website is strictly limited to its purchase price. Nothing in the present Purchase Conditions excludes/limits our responsibility:
a. In the case of death or personal injury caused by our negligence;
b. In cases of fraud or false behavior;
c. In any illegal or illicit activity in which we would exclude, limit, or try to exclude or limit our responsibility.
Without prejudice to the above and in conformity with the law, and unless the present Conditions state otherwise, we will not accept any responsibility for direct injury caused as a secondary effect from the main loss or injury produced in any manner, caused by civil wrongdoing (including negligence), noncompliance with the contract or others, even had the aforementioned been foreseeable, including limitations on the following:
i. loss of income or sales;
ii. loss of business;
iii. loss ofof income or contracts;
iv. loss of forecasted savings;
v. loss of data; and
vi. loss of office time.
Due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy of information obtained from this Web site unless specifically stated.
All product descriptions, information, and material featured on this website are provided “as is,” without express or implicit guarantees, or those arising in any manner.
Where possible, and as permitted by law, we will exclude all guarantees saving for those which cannot be legitimately excluded as regards consumers.
These characteristics, such as changes in color will not be considered defects. Indeed, they should be expected and appreciated. We only select top-quality products, although their natural characteristics are inevitable, and should be accepted as part of the product’s individual appearance.
This Clause will not affect your legal consumer rights, or you right to withdraw from the Contract..
16. INTELLECTUAL PROPERTY
You recognize consent to all copyright, registered trademarks, and other intellectual property regarding all the materials and contents included on the website belong to us or to those who grant us license to use them. You may only use this material as expressly authorized by us or those who grant us the license to do so. This will not stop you from using this website as deemed necessary to copy the information regarding you order or contact information.
17. WRITTEN COMMUNICATION
Applicable legislation mandates that part of the information or Communications we send you be in written form. When using this website, you accept that the majority of your communication with us will be in electronic format. We will contact you via e.mail or we will provide information on our website. As per the contract, you agree to use e.mail Communications and agree that all contracts, notifications, information, and other Communications sent to you electronically will comply with legal legislation in the same manner as in written form. This condition will not affect your legal rights.
Notifications you send us must be sent using our contact form, preferably. As regards Clause 16, unless stated otherwise, we can use e.mail or the mailing address you have provided us to place an order.
It is understood that notifications have been received and prepared correctly the moment they appear on our website, 24 hours after having sent an e.mail, or three days after the date a letter has been stamped. To prove that the notification has been correctly carried out, it will be sufficient to demonstrate that a letter has a correct address, was correctly stamped, and delivered to the post office or mailbox, or in the case of an e.mail that it was sent to the correct e.mail address as specified by the receiver.
19. GRANTING OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, at any time during the term of the Contract. To clarify any doubts, these transfers, assignments, charges, or other transfers will not affect the rights or obligations arising under them by law, or will cancel, reduce, or limit the express and tacit guarantees granted in any manner.
20. EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Events Beyond our Control”).
Events Beyond our Control means unusual, unforeseeable or unavoidable events beyond our control, the consequences of which could not be avoided even if all due care has been exercised, including the following:
a. Strikes or other manifestations.
b. Riot, civil disobedience, invasion, terrorist attacks, war (declared or not) or threat or preparation for war.
c. Fire, explosion, adverse weather conditions, level of water in rivers or floods, earthquakes, epidemics, or any other natural disasters.
d. The impossibility of using trains, boats, aircraft, motor vehicles, or other means of transportation, public or private.
e. Failure of public/private telecommunication systems.
f. Actions, decrees, legislation, norms, or restrictions of other governments.
g. Maritime, water, postal strikes, failures, or accidents or related to any other form of transportation.
It is understood that it is our obligation to comply with the terms of a Contract will be suspended during the period of Events Beyond our Control, with an extension of the period necessary to comply with our commitments for its duration. We will use all means available to end the period of Events Beyond our Control, or to find a solution through which we may fulfill our commitments as stipulated in the Contract, despite the Events Beyond our Control…
If, during the term of the Contract, we no longer strictly comply with any of the commitments assumed or any of the present Conditions, or if we cease to exercise any of our rights or resources based on the Contract or Conditions therein, this will not represent withdrawal of these rights or resources, nor will it exonerate you from complying with said commitments.
Our refusal to demand commitment does not represent a renouncement to future commitments.
No withdrawal by us from any of the present conditions will have effects which are not expressly stipulated as such, and will be communicated to you in writing as stated in the aforementioned Notifications section.
Should any of the present Conditions or stipulations of a Contract be rendered invalid, illegal, or unenforceable by competent authorities, the remaining Conditions and stipulations will still be considered valid as permitted by law.
23. INTEGRITY OF THE CONTRACT
The present Conditions and the rest of the document specifically refer to the integral agreement between you and us regarding its aims, and substitute any other previous pact, agreement, or promise reached between you and us, either in written or verbal form.
Both parties recognize having entered into the present Contract without having made declarations or promises which might affect any spoken or written declaration regarding negotiation between the two prior to the date of the Contract, except for those which are expressly mentioned herein.
Neither party has recourse in the face of any untrue declarations made by the other, in either verbal or written form, prior to the date of the Contract (unless said declarations were made in a fraudulent manner), with the only recourse available to the other party being lack of compliance with the contract, as stipulated in the present Conditions.
24. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to review and modify the present Conditions at any time. You are subject to the policies and Conditions which prevail when each order is placed, unless stated otherwise by law or in decisions made by governmental bodies, which force us to alter our policies, Conditions, or “Privacy Declaration,” in which case, the possible alterations will also affect orders previously made by you.
25. APPLICABLE LEGISLATION AND JURISDICTION
The aforementioned Web content is subject to Spanish Law. Any dispute which may arise from this website’s access or use is subject to the exclusive jurisdiction of the Spanish courts of Madrid, Spain.
26. COMMENTS AND SUGGESTIONS
Your comments and suggestions are greatly appreciated. Please send them using our contact email email@example.com