GENERAL TERMS OF SALE
GENERAL TERMS OF SALE
- GENERAL INFO
The ownership of this website, www.origenn.com, (from now on Website) is held by it: Emilio José Prados Paredes, with NIF: 47649033W, and whose contact details are
C/comerç 3 1-1
08800 Vilanova i la Geltrú (Barcelona)
Contact phone number: 611077927
Contact email: email@example.com
This document (as well as any other documents mentioned here) regulates the conditions governing the use of this Website (www.origenn.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Origenn through the Website includes
Silver and semi-precious stone jewellery and other related products.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Origenn. By using this website or by making and/or requesting the acquisition of a product and/or service through this website, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this website.
Likewise, we inform you that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he may contact the owner using the contact details provided above or, where appropriate, using the contact form.
- THE USER
Access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), and therefore all the Conditions established here, as well as their subsequent modifications, are accepted from the moment the navigation of the Website begins, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- To use this Website only to make enquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is mainly intended for Users resident in Spain. Origenn does not guarantee that the Website complies with the legislation of other countries, either in full or in part. Origenn declines all responsibility that may derive from such access, nor does it guarantee delivery or provision of services outside Spain.
The User may, at his/her discretion, formalise with Origenn the contract of sale of the desired products and/or services in any of the languages in which the present conditions are available on this website.
- PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.origenn.com, during which several products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on "Buy".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Origenn has received his order or purchase request and/or service provision, i.e. order confirmation. And, if applicable, you will also be informed by email when your purchase is being sent. If necessary, this information may also be made available to the User through his personal space on the website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, through his/her personal area connected to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, by requesting it from Origenn using the contact spaces on the Website or through the contact details provided above.
The User acknowledges that he is aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question, which are shown together with the presentation or, where appropriate, image of the product and/or service on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable in each case.
All purchase orders received by Origenn through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are any difficulties in the supply of products or if there are no products left in stock, Origenn undertakes to contact the User and refund any amount that may have been paid by way of payment. This will also be applicable in cases where the provision of a service becomes unfeasible.
- PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (euros) and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Origenn carries out the delivery and/or shipping services through: MRW.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, and PayPal.
Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by Origenn and/or Emilio José Prados Paredes.
Origenn uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verification and authorisation by the bank that issued them. If the bank does not authorise the payment, Origenn will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.
Once Origenn receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time when the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, if applicable, place.
If the payment method is Paypal, gift card or credit card, the charge will be made at the moment that Origenn sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on "Buy" the User confirms that the payment method used is his or her own, or that, where appropriate, he or she is the legitimate holder of the gift card or credit card.
In cases where the physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the user and, in any case, within a maximum of 30 calendar days from the date of order confirmation.
If for any reason, which is attributable to the User, Origenn cannot comply with the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the delivery place at the agreed time, he must contact Origenn to agree on another day for delivery.
If 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Origenn, Origenn will understand that the user wishes to withdraw from the contract, and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, with the exception of additional expenses resulting from the User's own choice of a different delivery method to the less expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
Nevertheless, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when Origenn receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Origenn.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or services will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In the same way, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders will be located, for their delivery and/or provision, in that Member State of the European Union in which the address appearing in the purchase order is located and, therefore, the applicable VAT will be that in force in that Member State.
- TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he or she detects that an error has occurred when entering the data necessary to process his or her purchase request on the Website, he or she may modify the data by contacting Origenn through the contact spaces provided on the Website, and, where appropriate, through those enabled for contacting the customer service, and/or by using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "Buy", has access to the space, cart, or basket where his or her purchase requests are noted and can make modifications.
In cases where the User acquires products on or through the Website of the owner, he has a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such a purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Origenn Website or in the event that the goods comprising his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods which made up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify Origenn of his decision. This may be done, where appropriate, through the contact spaces provided on the Website or through:
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Origenn makes available as an annex to these Conditions; however, its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw be sent before the corresponding period expires.
In the event of withdrawal, Origenn will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least costly method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Origenn is informed of the decision to withdraw by the User.
Origenn will reimburse the User using the same method of payment that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Origenn may withhold such refund until it has received the products or items of the purchase, or until the User submits proof of return of the same, depending on which condition is met first.
The User may return or send the products to Origenn at:
C/comerç 3 1º1
08800 Vilanova i la Geltru
And it shall do so without undue delay and in any event not later than 14 calendar days from the date on which Origenn was informed of the withdrawal decision.
The User acknowledges being aware that he/she will have to assume the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the Users' right of withdrawal will not apply when the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition by them that they are aware that, once the contract has been completely executed by Origenn, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition as they were delivered or that have suffered any damage after delivery.
Products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
You can download the Model Withdrawal Form at the following link:
Return of defective products or error in shipping
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order, and that, therefore, the User must contact Origenn immediately and inform it of the existing non-conformity (defect/erral) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether a refund or, where appropriate, a replacement is due.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, where it actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always be respected.
The User, as a consumer and user, enjoys guarantees on the products that he or she may acquire through this Website, under the terms legally established for each type of product, with Origenn being responsible, therefore, for any lack of conformity within two years of the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Origenn and have the qualities presented in the same; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and performance of a product of the same type and are fundamentally expected from it. When this is not the case for the products delivered to the User, the latter must proceed as indicated in the section on Returns of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or of manufacture by a third party. In this case, and considering that the product is defective, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them during the two years following delivery of the product. To do this, the User must have kept all information regarding the guarantee of the products.
- EXEMPTION FROM LIABILITY
Unless otherwise provided by law, Origenn will not accept any liability for the following losses, regardless of their origin:
- any losses which are not attributable to any breach by you;
- business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale of the products was concluded between them.
Similarly, Origenn also limits its liability in the following cases:
- Origenn applies all measures to provide a faithful display of the product on the Website, however Origenn is not responsible for any differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or others of this nature.
- Origenn will act with the maximum diligence in order to make available to the company in charge of the transport of the product that is the object of the purchase order. However, Origenn will not be responsible for any damage caused by a malfunctioning of the transport, especially for causes such as strikes, roadblocks, and in general any other cause typical of the sector, which may result in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Origenn makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from responsibility for causes not attributable to it, fortuitous event or force majeure.
- Origenn will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Origenn will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Origenn will not be responsible for any failure or delay in the performance of any of the obligations assumed, when this is due to events beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
- Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, obligations will be suspended during the period in which the cause of force majeure continues, and Origenn will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. Origenn will use all reasonable means to find a solution that will allow it to comply with its obligations despite the force majeure.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Origenn will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Origenn sends in electronic form comply with the legal requirements to be in writing. This condition will not affect the User's statutory rights.
The User may send notifications and/or communicate with Origenn through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Origenn may contact and/or notify the User at the e-mail or postal address provided.
No waiver by Origenn of any particular right or remedy or failure by Origenn to require strict compliance by the User with any of its obligations shall be deemed to be a waiver of any other right or remedy under any contract or the Conditions or to exonerate the User from compliance with its obligations.
No waiver by Origenn of any of these Conditions or of any rights or actions arising under a contract will be effective unless expressly stated to be a waiver and formalized and communicated to the User in writing.
If any of these Conditions is declared null and void by a final decision of the competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
- COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Origenn in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Origenn acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
- DATA PROTECTION
The information or personal data provided by the User to Origenn in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.
- APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts of sale between Origenn and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts.
- COMPLAINTS AND CLAIMS
The User can send to Origenn his complaints, claims or any other comment he wishes to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Origenn has official complaint forms available to consumers and users, which they can request from Origenn at any time, using the contact details provided at the beginning of these conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Origenn and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: http://ec.europa.eu/consumers/odr/.
Last modified: 20 September 2018