CONDITIONS OF SALE OF THE ONLINE STORE AND THE BRILLANT CUSTOMER SERVICE CENTER
1. ABOUT BRILLANT AND THESE TERMS OF SALE
These Conditions of Sale will apply to any sale of Brillant products or services that you may order through our Selling Entity (as defined below), using the website https://www.brillanbarcelona.com and any associated mobile or digital applications that refer to these Conditions of Sale (collectively, "the Platforms") or by phone through our customer service center ("the Customer Service Center").
The selling entity that sells you the products will be J’Adore Complements S.L., with registered office Carre Gracia 26-28 local, Sabadell 08201 Barcelona, Spain. NIF B64443971. (hereinafter referred to as "Brillant", as well as "we", "us" and "our (s)" or "our (s)").
Please read the Conditions of Sale carefully. These Conditions of Sale are applicable to all orders placed through the Platforms or the Customer Service Center (the "Sales Channels" together). Please note that, before placing an order for products or services, you will be asked to declare that you agree with these Conditions of Sale. If you do not agree with them, you will not be able to place any product or service order through the Sales Channels. Sales made through physical points of sale are not subject to these Conditions of Sale.
2. UPDATES OF THE PRESENT CONDITIONS OF SALE
It is possible that we apply periodic modifications to these Conditions of Sale; therefore, we kindly ask you to periodically check for updates to keep up to date. The latest version of the Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale will take effect immediately on the date of its publication and will govern all orders for products or services that are made from that date. No modification of the Conditions of Sale made after you have placed your order will affect said order or your relationship with us, unless required by law.
3. ADMISSIBILITY TO MAKE PURCHASES
Only natural persons (and not legal persons) may place orders for products through the Sales Channels who: (a) have reached the legal age of majority to enter into contracts (eighteen years in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries to which we ship, as specified in the Sales Channels. If you are a minor or for any other reason you do not have the legal capacity to enter into a contract, your father, mother or legal guardian must place the order on your behalf and thus accept these Conditions of Sale.
By placing an order through the Sales Channels, you declare and guarantee that you are an end customer who wishes to buy our products in good faith, for your personal use or the personal use of another person, and that you will not sell or distribute from any otherwise our products, or purchase our products or services for commercial purposes.
4. AVAILABILITY OF PRODUCTS; AMOUNT
All orders placed through the Sales Channels are subject to
availability and acceptance of such orders by us. The products displayed on the Platforms, which cannot be added to the shopping cart, are not available for sale through the Platforms. The Customer Service Center will be able to offer more information about these products. For more information on the order process, please see our Order process section below.
Quantity limits may apply to orders for certain products. We reserve the right to refuse at any time, without prior notice, orders that exceed a certain number of authorized products.
5. REGISTRATION OF THE ACCOUNT AND PAYMENT AS A GUEST
To place an order, you can register and create an account online, or, place an order as a guest and without creating an online account, select the option "Pay as a guest". In case you place your order as a guest, we will still create an account in our internal systems to record your purchase (s).
6. PERSONALIZED SERVICES
Personalization services (for example, engraving or embossing) or other services may be available for a selection of products. If you want us to personalize your product, please provide the details through the Sales Channels when requested.
We reserve the right to withhold or deny acceptance of any order for personalized products, or with a card that contains a message written in a language that is reprehensible, illegal or contrary to our policies. You are responsible for ensuring the correctness of the message you provide to accompany your personalized products.
In addition, orders for personalized products cannot be canceled and products that have been personalized in any way or custom manufactured to your specifications cannot be returned for a product exchange or refund, as described in these Terms of Sale. Sale. However, this provision will not affect your rights as a consumer.
7. ORDER PROCESS
The ordering process for the Platforms will include the following:
We reserve the right, at our sole discretion, to reject, cancel and terminate orders at any time for just cause. For example, we may reject, terminate or void your order if there is currently a dispute regarding the payment of a previous order, or if we suspect, in our sole discretion, that you (i) have engaged in fraudulent activity or (ii) have breached of in any other way these Conditions of Sale.
8. PRICES, TAXES AND SHIPPING COSTS
All prices that are displayed on the information pages about the products on the Platforms or that are quoted by the Customer Service Center include sales tax / VAT, but exclude shipping costs and other taxes unless otherwise indicated. contrary.
Shipping costs, if there were, are described in the Shipping Policy stipulated below or in the Sales Channels. Shipping costs do not appear on the information pages about the product, but will be added to the price of the product once you have selected the options corresponding to its delivery. A summary of these expenses will be shown to you before you have to confirm and place your order; furthermore, they will be reflected in our email correspondence with you once you have selected delivery options.
We reserve the right to change prices and shipping costs at any time without prior notice.
We do everything possible to ensure that product prices and shipping costs are correct when the information in question is entered into the system or communicated to customers through the Customer Service Center. However, it is always possible that, despite the fact that we have done everything reasonably possible, some of the prices or shipping costs of the products offered through our Sales Channels are incorrect. In the event that any of the products that you have included in your order had an incorrect price, we will contact you as soon as possible to inform you of the error. If we are unable to contact you using the contact details you provided during the ordering process, we will cancel your order and notify you in writing. If, by mistake, we accept and process your order based on incorrect prices or shipping costs, we may cancel the supply of the product and refund the amounts you have paid.
Please bear in mind that changes that occur in the applicable legislation between the date of placing your order and the date on which the Confirmation of the order and shipment is sent in writing may lead to changes in the taxes associated with your order. If the resulting change would lead to an increase in the taxes to be charged, we will contact you to ask you to confirm again if you wish to place the order.
We accept the payment methods identified within the order process through the Sales Channels. Depending on the payment methods, we may request additional information, among other information, specific forms of identification.
If you place your order on the Platforms, you must enter your payment information in the relevant form. All payment card holders will be subject to checks for validation and authorization by the card issuing entity. If the issuing entity of the card used for your payment denies the payment authorization in our favor, you should directly contact the issuing entity of your card to solve this problem.
The other payment methods may also be subject to checks for validation purposes and authorization by the payment system providers. You expressly authorize us to carry out security checks, if we deem them necessary, to transmit to third parties or obtain from them information (including any updated information) concerning you periodically - including, but not limited to, your payment card details. -, authenticate your identity, validate your payment card, obtain an initial payment card authorization and authorize individual purchase transactions.
Usually, the full amount of your purchase will be blocked on your payment card until your order is shipped, at which time an Order and Shipping Confirmation will be sent to you and your payment card will be charged the applicable purchase price.
In those cases where we offer [PayPal / PayPal Express / Google Pay] as a payment method, the full amount of your purchase may be charged immediately after you place your order. Payment in advance will not affect any of your legal rights contained in these Conditions of Sale (including, for example, any possible right of reimbursement). If we are unable to meet our dispatch and / or delivery obligations outlined below, we will notify you by email and refund your advance payment without delay.
We may accept payments by bank transfer for orders at our sole discretion. We will not charge any commission for the reception of bank transfers ordered through the Sales Channels or the Customer Service Center; however, some financial entities may charge a commission for the use of the bank transfer service. We will need all bank transfer orders placed over the phone to be confirmed through an order approval process. We may acknowledge receipt of a bank transfer order, but the order will not be processed until payment has been received and we have confirmed it to you by email. If your payment by bank transfer is not credited to our bank account within a period of seven (7) days after you have placed your order, said order will be canceled.
10. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER
Once you have made your selection and your order through the Sales Channels, you will receive an Acknowledgment of receipt of the order in writing (by email or other support, confirming the details of your order together with an order reference number) . Please ensure that you retain this order reference number for any future inquiries regarding your order. The Acknowledgment of receipt of the order does not constitute an acceptance of your order. To confirm the order, we will carry out the usual checks of solvency, anti-fraud, security and other related legal issues and, if the result obtained is acceptable, then we will process your order. Once you receive your Order Acknowledgment, it is your responsibility to check it and confirm that it accurately reflects the products you ordered. If you have any questions or concerns, or if the Order Acknowledgment does not reflect your intentions, you should contact the Customer Service Center without delay.
You will receive a copy of these Conditions of Sale when we send you the acknowledgment of receipt of your order.
11. SHIPPING POLICY
If you place an order for multiple products, we will ship the order once all products are available (partial shipments will not be made, unless we tell you otherwise).
12. CONFIRMATION OF ORDER AND SHIPPING
At the time we ship your order, we will send you a written Order and Shipment Confirmation (by email or other means). Said Order and Shipment Confirmation will constitute our acceptance of your order and will indicate the existence of a binding sales contract.
We will do our best to ensure that the carrier delivers within the estimated timeframe from the date we notify you in writing of our Order and Shipment Confirmation and, in any case, within thirty (30) days from that date, unless your purchase refers to a product or service whose delivery we have explained will take longer, for example, in the case of products or services that we must customize or produce according to your instructions.
When placing an order through the Sales Channels, you can select a specific delivery date based on the availability of the Sales Channels. Such specific delivery date will be subject to confirmation by us.
If delivery of products is delayed for reasons beyond our control, we will inform you as soon as possible and do everything reasonably possible to minimize the inconvenience of the delay. If we do not deliver the product within thirty (30) days from the date on which we notify you in writing of the Order and Shipment Confirmation or within any other time limit that we have indicated, you can contact the Service Center to the Customer to cancel the order in question and obtain a refund of the amounts paid to us in advance for any product they have not received.
In any event, your only recourse in the event that we fail to deliver the order will be your right to cancel the order in question and to receive a refund of the amounts you have paid us in advance for any product that you do not receive.
To estimate your delivery time, please take into account the time required for credit and address verification, security checks and order processing. Keep in mind that the delivery of the order will always be subject to the receipt of your full payment.
We will need your manual or electronic signature, or of a person present at the indicated delivery address (unless you have arranged something different), to confirm the delivery of each product, at which point you will assume the risk and responsibility of the products you have purchased. If you have specified a recipient other than yourself for delivery (for example, if you wish to send a gift), you understand and agree that the signature of that recipient (or a person present at the delivery address) will represent the proof of delivery and fulfillment of the contract of sale by Brillant and the transfer of responsibility for the product to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver the products exclusively to the person who is the intended recipient of the order, as indicated on the package label, and to request the presentation of an identity document and verification effects at the time of delivery. for certain product categories. For more information, contact our Customer Service Center.
14. CANCELLATIONS AND RETURNS
(a) Right of cancellation
You will have the right to cancel the contract generated by our written confirmation of the order and without providing any justification within a period of twenty-four (24) hours from the processing of the order. Once the order is in the agency, we reserve the right to return the amount less the processing costs with the carriers.
To cancel the contract, you can contact our Customer Service Center and follow the instructions that will be provided.
(b) Products that cannot be canceled
Orders for products that have been personalized in any way or custom made to your specifications cannot be canceled; It will also not be possible to return these products to us, ask us to exchange them for others, or offer you a refund for them.
(c) Return process
Products that have been purchased through the Sales Channels NOT may be returned.
Only the buyer will be entitled to receive a refund of the purchase price, derived from the cancellation of the order. In no event will a person who received the product as a gift (ie the "Recipient of a Gift") be entitled to receive a refund. If you are the Recipient of a Gift, please note that We DO NOT accept returns.
15. PRODUCT DESCRIPTIONS
We try to ensure that the information (including descriptions of products, dimensions and colors) provided in the Virtual Store, in advertisements or in catalogs or by the Customer Service Center is accurate and complete. However, we make no warranties, either express or implied, as to the accuracy, reliability and completeness of such information. In particular, any description and information regarding the weight and number of stones is provided for guidance only, and may vary slightly. Also note that depending on the device used to navigate our website, as well as the calibration of each monitor, the tone of the articles may vary from photo to reality.
16. LIMITATION OF LIABILITY
To the extent permitted by applicable law, we reject and exclude all other terms, conditions and warranties in relation to the products and Sales Channels, whether explicit or implicit, established by law or otherwise, or arising from any prior trading course, use or business practice.
Nothing in these Conditions of Sale limits or excludes our obligation to assume all responsibility that the applicable legislation does not allow to limit or exclude. In accordance with this provision, our accumulated liability to you under these Conditions of Sale for any order, whether it is contractual, extra-contractual (including negligence) or other liability, and even in the event that we had been Informed of the possibility of such damages and losses, in no case will it exceed one hundred percent (100%) of the price of the product (s) of your order.
Please note that, in some jurisdictions, consumer protection laws may not allow certain exclusions or limitations of warranties or liability and that therefore some of the exclusions and limitations described above may not apply.
17. GENERAL PROVISIONS
If it is determined that any provision - or part of a provision - of these Conditions of Sale is illegal, null or impossible to enforce, it will be considered that said provision or part of the provision does not form part of these Conditions of Sale, so that The legality, validity and enforceability of the other provisions of the Conditions of Sale will not be affected, unless the applicable legislation requires something different.
These Conditions of Sale (and the conditions associated with them, which are considered incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and terminate all previous contracts, draft contracts, arrangements, initiatives or guarantee contracts of any nature entered into between the parties, whether oral or written, in relation to the same object.
We will not be liable for any failure or delay in complying with our obligations under these Conditions of Sale arising from any cause beyond our reasonable control.
The waiver granted by us for non-compliance with one of the provisions of these Conditions of Sale may not be interpreted as a waiver for any subsequent breach.
This contract is between you and us. No other person shall have the right to apply any of its provisions. However, if you purchase a product as a gift, the recipient of your gift will enjoy the benefit of the applicable Brillant Guarantee.
18. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These Conditions of Sale shall be governed and interpreted in accordance with the legislation of the country in which the Selling Entity in question has its registered office, excluding the application of the legislation on conflict of laws ("applicable legislation"). Any litigation, controversy or claim derived from or in relation to the Conditions of Sale - including in relation to the validity, nullity, breach or termination of the Conditions of Sale - will be awarded or submitted to arbitration in accordance with the Conditions of Sale.
You may take legal action against us in the courts of the country in which the Seller in question has its registered office.
Without any limitation to bring legal action in court, you and Brillant will first endeavor, to the extent reasonable, for a period of thirty (30) days, to amicably resolve any dispute or disagreement that may arise from or be related to the product, the Conditions of Sale or any breach of them.
19. CONTACTIf you have questions or comments about these Conditions of Sale, or about any other matter in general, please contact us at the following address.
Brillant Customer Service Center
Carrer Gracia, 26, Local. Sabadell 08201 Barcelona Spain.
Telephone number: +34 932728338
WhatsApp: +34 629959944
Last update: February 2020