Terms of service
CONDITIONS OF SALE OF THE BRILLANT ONLINE STORE AND CUSTOMER SERVICE CENTER
1. ABOUT BRILLANT AND THESE TERMS OF SALE
These Terms 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 Terms of Sale (collectively, "the Platforms") or by telephone through our customer service center ("the Customer Service Center").
The vendor that sells the products to you will be J'Adore Complements S.L., with registered office at 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)”).
By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are deemed to be incorporated into these Terms of Sale.
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 agree to these Terms 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 TO THE PRESENT TERMS OF SALE
We may periodically make changes to these Terms of Sale; therefore, please check regularly for updates to keep up to date. The latest version of the Terms of Sale will always be available on the Platforms. Any new version of these Terms of Sale will take effect immediately on the date of its publication and will govern all orders for products or services made after that date. No changes to the Terms of Sale made after you have placed your order will affect your order or your relationship with us, except as required by law.
3. ELIGIBILITY TO MAKE PURCHASES
Only natural persons (and not legal entities) may order products through the Sales Channels who: (a) have reached the legal age of majority necessary 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 some other reason 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 represent and warrant that you are a bona fide end customer wishing to purchase our products, for your personal use or the personal use of another person, and that you will not sell or distribute in any way otherwise use 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 reject at any time, without prior notice, orders that exceed a certain number of authorized products.
5. ACCOUNT REGISTRATION AND PAYMENT AS A GUEST
To place an order, you can register and create an online account, or place an order as a guest and without creating an online account, select the option "Checkout as a guest". In the event that 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 would like us to personalize your product, please provide the details through the Sales Channels when requested.
We reserve the right to withhold or refuse to accept any order for personalized products, or with a card that contains a message written in language that is objectionable, illegal, or contrary to our policies. You are responsible for ensuring the accuracy 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-made to your specifications cannot be returned for a product exchange or refund as described in these Terms of Use. 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, void and terminate orders at any time for just cause. For example, we may reject, terminate, or cancel 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 failed to any other way these Conditions of Sale.
8. PRICES, TAXES AND SHIPPING COSTS
All prices displayed on product information pages on the Platforms or quoted by the Customer Service Center include sales tax/VAT, but exclude shipping charges and other taxes unless otherwise noted. contrary.
shipping costs, if there were, are described in the Shipping Policy set forth below or in the Sales Channels. Shipping charges do not appear on product information pages, but will be added to the product price once you have selected your delivery options. A summary of these charges will be shown to you before you need to confirm and place your order; furthermore, they will be reflected in our email correspondence with you once you have selected your delivery options.
We reserve the right to change prices and shipping costs at any time without notice.
We make every effort to ensure that product prices and shipping costs are correct at the time 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 our reasonable efforts, some of the prices or delivery charges for products offered through our Sales Channels may be incorrect. In the event that any of the products that you have included in your order has 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 we mistakenly accept and process your order based on incorrect prices or delivery charges, we may cancel the supply of the product and refund any amounts you have paid.
Please note that changes in applicable law between the date your order is placed and the date on which the written Order and Shipping Confirmation is sent to you may result in changes to the taxes associated with your order. order. If the resulting change would result in 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.
9. PAYMENT
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 data, specific forms of identification.
If you place your order on the Platforms, you will need to enter your payment details in the relevant form. All payment card holders will be subject to validation and authorization checks by the card issuer. If the issuer of the card used for your payment denies the payment authorization in our favor, you should contact your card issuer directly to solve this problem.
The other payment methods may also be subject to validation checks 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 to obtain from them information (including any updated information) relating to you periodically - including, without limitation, your payment card details —, authenticate your identity, validate your payment card, obtain an initial payment card authorization and authorize individual purchase transactions.
Typically, the full amount of your purchase will be held 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 for 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 statutory rights under these Terms of Sale (including, for example, any right to a refund). If we are unable to meet our shipping and/or delivery obligations below, we will notify you by email and promptly refund your advance payment.
We may accept bank transfer payments for orders at our sole discretion. We will not charge any commission for receiving 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 require all wire 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 confirmed by email. If your bank transfer payment is not credited to our bank account within seven (7) days of placing your order, your order will be cancelled.
10. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER
Once you have made your selection and your order through the Sales Channels, you will receive a written Acknowledgment of receipt of the order (by email or other means, confirming the details of your order together with an order reference number). . Please ensure that you keep this order reference number for future reference 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 the 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 order multiple products, we will ship the order once all products are available (partial shipments will not be made unless we notify you otherwise).
12. ORDER AND SHIPPING CONFIRMATION
At the time we ship your order, we will send you a written Order and Shipping Confirmation (via email or other means). Such Order and Shipping Confirmation will constitute our acceptance of your order and will indicate the existence of a binding sales contract.
13. DELIVERY
We will do our best to ensure that the carrier makes the delivery within the estimated period from the date on which we communicate our Order and Shipping Confirmation in writing and, in any event, within thirty (30) days from that date, unless your purchase relates 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 you place an order through the Sales Channels, you may 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 the delivery of the products is delayed for reasons beyond our control, we will inform you as soon as possible and we will 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 Shipping Confirmation or in 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 that you have paid us in advance for any products that you have not received.
In any event, your only recourse in the event that we fail to deliver your order shall be your right to cancel the order in question and to receive a refund of any amounts you have paid us in advance for any products that you do not receive.
To estimate your delivery time, please take into account the time required for credit and address checks, security checks and order processing. Please note that the delivery of the order will always be subject to receipt of your full payment.
We will need your manual or electronic signature, or a person present at the indicated delivery address (unless you have arranged otherwise), to confirm the delivery of each product, at which time you will assume the risk and responsibility of the products. 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 such recipient (or a person present at the delivery address) will constitute the proof of delivery and performance of the contract of sale by Brillant and the transfer of responsibility for the product to the recipient in the same manner 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 REFUNDS
(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 after processing the order. Once the order is in the agency, we reserve the right to return the amount minus 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 built to your specifications cannot be cancelled; nor will it be possible to return these products to us, ask us to exchange them for others or offer a refund for them.
(c) Return Process
The products that have been acquired through the Sales Channels NO they can be returned.
(d) Refunds
Only the buyer will have the right 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 “Gift Recipient”) be entitled to 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 product descriptions, dimensions and colors) provided in the Virtual Store, in advertisements or catalogs or by the Customer Service Center is accurate and complete. However, we make no warranties, 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 keep in mind that depending on the device used to browse 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 disclaim and exclude all other terms, conditions, and warranties in connection with the products and the Sales Channels, whether express or implied, statutory or otherwise, or arising from any prior course of dealing, usage or business practice.
Nothing in these Terms of Sale limits or excludes our obligation to assume any liability that applicable law does not allow to limit or exclude. Pursuant to that provision, our aggregate liability to you under these Terms of Sale for any order, whether in contract, tort (including negligence) or otherwise, and even if we were informed of the possibility of such damages, it will not 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 therefore some of the above exclusions and limitations 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 unenforceable, it will be considered that said provision or part of a 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 Terms of Sale (and any terms associated with them, which are deemed to be incorporated by reference) constitute the entire agreement between you and us relating to your order of products or services, and supersede and terminate all prior agreements, 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 to perform or delay in performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control.
A waiver granted by us for a breach of one of the provisions of these Terms of Sale may not be construed as a waiver for any subsequent breach.
This contract is between you and us. No other person shall have the right to enforce any of its provisions. However, if you purchase a product as a gift, the recipient of your gift will benefit from the applicable Brillant Guarantee.
18. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These Conditions of Sale will 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 regarding conflicts of laws ("applicable legislation"). Any dispute, controversy, or claim arising out of or in connection with the Terms of Sale—including regarding the validity, invalidity, breach, or termination of the Terms of Sale—will be adjudicated or arbitrated in accordance with the Terms of Sale. Sale.
You may take legal action against us in the courts of the country in which the Selling Entity in question has its registered office.
Without any limitation on bringing an action in court, you and Brillant will first, within thirty (30) days, reasonably endeavor 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. CONTACT
If you have questions or comments about these Conditions of Sale, or about any other matter in general, please contact us at the following address.Brilliant Customer Service Center
Carrer Gracia, 26, Local. Sabadell 08201 Barcelona Spain.
Telephone number: +34 932728338
WhatsApp: +34 629959944
Email: info@brillantbarcelona.com
Last update: February 2020