Introduction
Terms and Conditions for the e-commerce retailer ANDALUMISTICA.com
1. Introduction
(a) The Vendor specialises in jewellery and accessories, offered via the online shop system in ANDALUMISTICA.com. Unless otherwise specified herein, these general terms and conditions apply to all acquisitions of products and services by the customer from the vendor.
(b) Within these terms and conditions, a customer is defined as a private individual who enters into a transaction with the vendor for private and personal purposes only and for no other commercial or freelance activity in which the customer may otherwise be involved. Within these terms and conditions, the contractor is any private individual, legal body or partnership with a legal entity entering into a transaction as part of their commercial or freelance activity.
(c) Any deviation from, a contradiction of, or supplementation to any of the following terms and conditions will invalidate a contract unless arranged by prior agreement between the buyer and the vendor.
(d) The right is reserved to revise these Terms by amending this page. Updated Terms will supersede all previous versions of the Terms.
(e) The use of the Site (including accessing, browsing, or registering to use the Site) confirms an unconditional agreement to be bound by these Terms and is subject to continued compliance with these Terms.
2. Conclusion of Contract
(a) The vendor’s offer may be subject to change without the obligation of a previous notice, at the sole discretion of the vendor. While every effort is taken to ensure that the colouring, design, and style of the Andalú Mística products in the photographs displayed on the website represent the original products, variations may happen due to technical restrictions of colour reproduction on your computer equipment. Accordingly, Andalú Mística shall under no circumstances be liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may, of course, contact our Customer Service Department by e-mail at info@andalumistica.com
(b) The confirmation of the order means the buyer’s acceptance of the wholeness of the Terms and Conditions. All orders may be made online on the Andalú Mística website. The transaction constitutes a binding agreement to conclude a purchase contract for the products. By clicking the link “Send order” during the online ordering process on the Andalú Mística website, the customer places a binding order for all the products in the shopping basket. The order could not be amended or cancelled except in the express conditions provided for in the Terms and Conditions
(c) The customer will be informed by e-mail when the executed order has been received. Please note: the receipt of this first e-mail does not mean that the agreement has been concluded. The agreement is concluded by sending confirmation of the order or the products being released for delivery.
(d) Release of the ordered products for shipment by the vendor also constitutes acceptance of the order. The vendor reserves the right to reject orders without giving any reason.
(e) The order will be accepted with the reservation that in the event of incorrect or unsuccessful delivery to the vendor, none of the items or just portions of the delivery will be supplied.
This applies only if vendors have concluded a concrete hedging transaction and are not supplied by their sub-supplier without their fault. The vendor will make every reasonable effort to procure the products. If the products cannot be procured, Andalú Mística will promptly refund any payment that may have already been received. If the products are unavailable or only available in part, the customer will be informed immediately.
(f) After the contract has been concluded – and if the products have been ordered electronically – the contract’s text, together with the legally binding terms and conditions, will be sent to the customer via e-mail. The data registered by the website establish the proof of the whole transactions operated between Andalú Mística and its customers. In case of a dispute between Andalú Mística and one of its customers about a transaction made on the website, the data registered by Andalú Mística are considered irrefutable proof of the content transaction.
3. Retention of title and withdrawal
(a) Concerning customers: The ordered products remain the vendor’s property until full payment of the price is made.
Regarding contractors: The vendor shall retain the title to the goods until the full settlement of all claims arising from an ongoing business relationship.
(b) In cases of breach of contract on the part of the customer (which could be due to defaulting in payment, falsification of information regarding creditworthiness, legal settlement proceedings, or the initiation of insolvency proceedings against the customer’s property); the vendor shall be entitled to withdraw from the contract and demand the return of the goods at any time if the customer has failed to provide – or has provided only in part – payment for the products ordered.
(c) The contractor is entitled to resell the retained products in the proper course of business, but he assigns already all debts to the vendor; the amount will be the final amount of the invoice, including all costs which arose when reselling the items to the customer or a third party. The vendor accepts the transfer. After completing the assignment, the contractor shall be entitled to collect the claim. The vendor reserves the right to call in the demand if the contractor mishandles his liabilities or delays payment.
(d) Upon request by the customer, the vendor is obligated to release securities in so far as their realisable value exceeds the accounts receivable by us from the buyer by more than 10%. However, the vendor reserve the right to choose which securities we will release.
4. Prices and Payment
(a) Prices are subject to change. Calculation of prices is based on the price list and discounts valid on the day of delivery or service plus value-added tax (VAT) as stipulated by the vendor.
(b) Regarding long-distance contracts: Additional shipping charges will be applied, as indicated in the overview of shipping costs (see Shipping; Section 6 of these terms and conditions). This amount will be payable by the customer in addition to the price, including taxes, of the products ordered.
(c) The customer shall only have a right of set-off where the counterclaims have been validly established and of the acknowledgement which the vendor does not deny. The customer may only exercise his right to refuse performance where the counterclaim arises from the same contractual relationship.
(d) In the event of any pricing error or incorrect product information due to typographical or system errors, ANDALÚ MÍSTICA reserves the right to cancel any orders placed with erroneous information, with no further obligations to the customer even after the receipt of an order confirmation or shipping notice.
5. Payment options and shipping costs
(a) The customer may make payments with all major credit cards, including Visa, Mastercard and American Express. PayPal and Prepayment are also accepted. The vendor reserves the right to exclude specific methods of payment.
(b) Credit card and PayPal payments are charged in euros.
(c) Regarding payment through PayPal: Customers should register with paypal.com. By choosing PayPal as the payment method, the customer has agreed to PayPal Terms without any other agreement. If not otherwise stated in the product description, the products will be delivered as soon as the total amount has been entirely credited to the vendor’s PayPal account.
(d) Shipping costs are calculated as the total of the vendor’s delivery fees. Further details can be found under Shipping Costs.
6. Shipment
(a) Unless stated otherwise, all prices include VAT (where applicable) and exclude shipping costs. Shipping and delivery are free of charge. Please note that international customs duties should be considered as they may cause shipping fees to vary. Moreover, in the case of the returned products, the vendor reserve the right to charge the customer a fee of 20 euros for the shipment if the return doesn’t meet the requirements stated precisely in the Return Policy.
(b) In case of unavailability of a Andalú Mística product after ordering, the vendor will order the selected products as quickly as possible, inform the customer without delay, and indicate the probable delivery date. Such products are marked by using a traffic light system to speed up delivery. The products marked by delivery time in green means that they are available in stock and/or can be produced in a short time.
(c) The vendor reserves the right – if circumstances dictate – to deliver consignments of products in separate parts. In such cases, the customer’s best interests will be taken into careful consideration and will incur no additional costs.
7. Transfer of risk
(a) Regarding the customer: The customer is responsible for checking the delivered product(s) immediately upon delivery to determine compliance with the order. If there is any discrepancy, the customer should not accept the package and should describe any defects (i.e. evidence of tampering, damaged product, missing products or items, or products different than those ordered and/or indicated in the shipment document) in writing directly on the statement taken by the carrier. Remember that the risk of accidental loss of or accidental damage to the object purchased – including during forwarded transactions – is transferred to the customer when the object has been handed over.
(b) With regard to contractors: The risk of accidental loss of or damage to the products is transferred to the contractor upon handover, or, in the case of forwarded transactions, when the products are handed over to the carrier, freight, or to any other party charged with executing the shipment.
A refusal by either the customer or the contractor to accept delivery of the object will, nevertheless, be regarded as a handover.
(c) After the process of placing your order, including the product detail page and checkout page, the product price indicated in the confirmation e-mail you will receive does not include the “custom fees” (if any) applied on exports and imports in your country. Placing an order confirms an unconditional agreement to the term that the customer is responsible for paying any additional fees.
8. Consumer’s right of withdrawal
(a) Cancellation Policy
(i)If the vendor cannot meet the initial delivery date, he shall inform the customer promptly. In case of disruptions to the vendor’s business operations, which he is not responsible for, or disruptions to subcontractors, the delivery time shall be extended in accordance with the length of the disruption. The customer has the right to withdraw from the contract without giving reasons by returning the products and submitting a Return Order Form to the vendor within 60 days after receiving the products if the conditions in the Return Policy are met. However, exceptions apply to the products produced according to customer specifications or which have been tailored to a customer’s specific requirements.
(ii)The period begins upon receipt by the vendor of the customer’s written instructions to cancel the order (in the case of a single order being delivered in several separate parts, the period does not begin until receipt of the first part of the delivery) and not before the vendor has met their information responsibilities and other legal obligations. For the withdrawal to be carried out without delay, it is sufficient to send your request and the products within the given time.
The withdrawal should be addressed to:
Andalú Mística
Madrid 28017
Timoteo Domingo, 16, 2
España
+34 64 795 30 18
info@andalumistica.com
(b) Consequences of withdrawal:
(i) To conclude a successful withdrawal, any products or funds which have changed hands between the two parties in the course of the transaction must be returned, and any benefits gained (e.g. interest) are to be handed over. Suppose the customer cannot return the products, or can only return a portion of them, or returns them in damaged condition. In that case, the customer will be required to compensate the vendor for the total replacement value of the products if the customer used the purchased item contrary to good faith or for personal gain in an incompatible manner, and this will not affect the validity and effectiveness of the right to revoke compromised items. No compensation will be demanded for products used for the purpose for which they are intended.
(ii) The cost of return shipment must be charged by the customer. The vendor cannot accept the return shipment if the package is unstamped or insufficiently stamped.
The vendor must start processing the customer’s return within 2 – 4 business days after receiving the product. The vendor will arrange for items that cannot be sent by post to collect them.
The vendor must meet obligations to refund payments within 30 days of the declaration of withdrawal being sent or within 30 days after the products are returned. The vendor has sole discretion in determining whether the products are in original condition when returned to Andalú Mística. The vendor shall not be responsible or liable if any products the customer wishes to return are lost, misdirected or delivered late; therefore, the customer has to bear the risks of the shipping chosen.
(iii) The right of return does not apply to the following products :
Products produced to customer specifications or tailored to specific requirements are not suitable for return.
9. Returns
(a) If a customer is a physical person, placing a private order without intentions allocable to a commercial or self-employed business purpose. As specified below, they are consumers and therefore entitled to the general right of revocation and return.
In exercising the right of withdrawal under Section 8 of the terms and conditions, the customer is obligated to return the products in their original condition and packaging.
(b)The withdrawal can only be processed if the products are not engraved and do not include customisations or specifications.
10. Warranty
(a) Products supplied may vary slightly from the products depicted on the internet as far as reasonable. The customer is accepted to check the product’s information accurately in advance before confirming the order (see Section 2a of the Terms and Conditions).
(b) The vendor can initially choose between demanding a warranty through subsequent fulfilment through repair or replacement delivery. The vendor is entitled to refuse the chosen type of fulfilment if it is only achievable at an unreasonable cost and if the other fulfilment does not bring considerable disadvantages to the customer.
In the case of contractors, the vendor will choose a remedy or replacement for our warranty on deficiencies on the product initially.
(c) If the subsequent performance fails, the customer may generally demand a reduction in the remuneration or cancellation of the agreement (withdrawal). In the case of minor defects, the customer shall have no right to rescission – considering their mutual interests. In all cases of claims for damages against the contract partner, instead of the performance of the delivery or service, the customer shall demand compensation for wasted expenditures entered into by the customer in reliance on receipt and which the customer is allowed to make. If the customer claims compensation of damages, the limitation of liability in Section 11a of these terms and conditions applies.
(d) The Customer’s rights in the event of defects require that the customer has adequately met his examination and notification obligations. Contractors, in particular, are required to report obvious defects in products supplied as soon as possible within two weeks of receiving the products; failure to do so will render the warranty invalid. Punctual dispatch of the defective products, or prompt notification that the products are defective, will be accepted as a valid claim as long as this is done before the deadline. The contractor is responsible for making all the necessary notifications and, in particular, noting details of the defects and the date on which they occurred and reporting the damage promptly.
(e) If the buyer is a contractor, the manufacturer’s trade description of the product shall be the only criteria for establishing whether the product’s quality meets the required standards. No other public statements, testimonials or advertising by the manufacturer will be acceptable as contractually binding descriptions of the products.
(f) The warranty period for the customer is 1 year after delivery of the products. That one-year warranty period does not apply if the customer is intentionally or grossly negligent in taking due care of the products. The above liability restrictions do not apply in the case of losses arising from fatality, physical injury or damage to health.
(g) The vendor does not make any legally binding guarantees with the customer unless otherwise expressly agreed. The manufacturer’s guarantees remain unaffected.
11. Limitation of Liability
(a) In the case of slightly negligent breaches of obligation, the vendor’s liability and the subcontractor’s liability shall be limited to the foreseeable, contract-typical, immediate average damage with regard to the type of product. This also applies to minor infringements of obligations by the vendor’s legal representatives or agents. In circumstances of typical negligence violations of other contractual commitments, the vendor is not accountable. The vendor is responsible for the customer’s breach of contractually lawful positions. Contractually legal positions are those the contract is obliged to grant to the signatory for his whole purpose. The vendor shall also be liable for any infringement of these obligations, which enable the realisation of the contract according to the rules in the first place and on whose observance the user regularly trusts.
12. Privacy Policy
Please carefully read the full text of our Privacy Policy, which is hereby summarised, before using this website. When you submit information to or through the Site, you consent to the collection, processing and retention of your information as described in the Privacy Policy.
ANDALÚ MÍSTICA processes your personal data in accordance with the requirements of (EU) 2016/679 – General Data Protection Regulation (GDPR), EU-U.S. Privacy Shield framework as well as the current domestic Data Protection legislation.
Categories of Personal Data that ANDALÚ MÍSTICA processes
· Your contact information – names, postal address, mobile or phone number, e-mail address
· Your IP address
· Purchase details, including the payment method and transaction number
· History of your order
· Customer service information – all kinds of communication and correspondence between you and our customer service department.
· In exceptional circumstances, you may be required to provide us with additional details of your ID card to certify your identity.
· In a limited number of cases, we can invite you to provide us with your photos, videos, or others if you declare your desire to participate in one of our draws, campaigns, or other events.
· ANDALÚ MÍSTICA reserves the right to send all its customers an invitation to participate in satisfaction surveys. Participation is always optional.
· ANDALÚ MÍSTICA does not process or store data from your bank cards or other financial instruments.
Lawfulness of processing
· ANDALÚ MÍSTICA processes your personal data, which is necessary for the performance of your contract.
· ANDALÚ MÍSTICA processes your personal data necessary to comply with tax, financial, or other domestic legislation requirements.
We process your personal data for the following purposes:
· For accurate and correct execution and delivery of your order.
· For clear and accurate communication with you about the status of the order.
· For warranty within the warranty period of the products.
· For customer satisfaction and loyalty programs.
· For tax and accounting legislation requirements – to declare and count our sales.
· In exceptional circumstances, ANDALÚ MÍSTICA may process additional identification information of yours to avoid financial fraud or identity theft.
· As an exception, ANDALÚ MÍSTICA can process additional data such as photos, videos, and other media for various campaigns or lotteries only when customers participate in these events.
· To be able to send our newsletter and promotional materials, only in cases when customers give their consent for that.
The period for which your personal data will be stored:
ANDALÚ MÍSTICA stores your personal data submitted during your account registration on our Site, as long as your account remains active.
ANDALÚ MÍSTICA stores your personal data during the production and delivery of products and the time specified in the Return Policy for the possible returns and product warranty, but not longer than 2 years or longer than the warranty time.
If we require additional data to verify your identity, we will store these data until the legal requirement to keep these data is no longer in place.
In the case of collecting personal data for particular campaigns, lotteries, and any other promotions, the period of processing shall be specified in every case, and the participants shall be informed thereof.
Potential recipients of your personal data:
ANDALÚ MÍSTICA does not provide your personal data to third parties unless legally required to do so or except for the operational necessities listed below:
ANDALÚ MÍSTICA provides your name, address, and phone number to the courier company that delivers your product.
ANDALÚ MÍSTICA may confirm your personal data with payment service providers to prevent financial fraud or identity theft in exceptional circumstances.
ANDALÚ MÍSTICA transfers the necessary personal data to accountancy service providers and tax and other public authorities when specific legislation requires this.
Your rights as a data subject – at any time you have the right to:
· Get access to your personal data that ANDALÚ MÍSTICA processes and receive a copy of them.
· To ask for the erasure of personal data concerning you (the right to be forgotten ) if you believe it is no longer necessary for the purposes for which it was collected or processed. Please note that this right can not be exercised if a particular law expressly provides for a fixed term to be retained.
· To ask for rectification of inaccurate personal data in cases where they do not correspond to the truth.
· To exercise one of the above rights, simply send us an e-mail message with your request on our contact page or an e-mail to info@andalumistica.com. We will answer you in a short time.
· When you are concerned that your rights are violated, you have the right to complain to a supervisory authority, which is noted below.
Our recommendations to you regarding your personal data protection:
· Please keep your password secure and do not share it with third parties.
· If you are using a public computer (in a library or Internet cafe), always make sure you log out of your account before turning off the computer.
· ANDALÚ MÍSTICA guarantees that we don’t contact any third parties other than the ones mentioned in this privacy policy regarding your order.
· ANDALÚ MÍSTICA guarantees that we do not require our clients to disclose their passwords to use the website. ANDALÚ MÍSTICA does not require our clients to disclose data from their bank accounts or other financial instruments. Any such request made to you by phone, chat, or e-mail should be ignored.
If someone has addressed such a request to you, please contact and inform ANDALÚ MÍSTICA immediately.
How do we protect your Personal Data?
ANDALÚ MÍSTICA assures that we have taken all administrative, technical, and physical measures to protect your personal data against accidental, unlawful, or unauthorised destruction, loss, access, disclosure or use.
ANDALÚ MÍSTICA has adopted its own internal ethics rules for the processing of personal data, and our employees have gone through special training on the principles of the right to protection of personal data and the essential obligations of companies in relation to GDPR
We secure our website and other systems by using technical and organisational measures against unauthorised persons’ loss, destruction, access, modification, or distribution of your data. Despite the regular checks, complete protection against all threats is not possible.
