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Contracting Conditions

This document describes the terms and conditions of purchase of the website www.perequera.com applied to all sales made through this online platform.

Using the website www.perequera.com and/or placing any order or making any sale through the sales channels outwith the commercial establishment that enables www.perequera.com, implies the user's consent to the Conditions of Purchase and Privacy and Data Protection Policies contained in this document, which PERE QUERA S.A. reserves the right to modify, with the terms in force applying at all times.

1.  Legal Information (Article 10 of Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce)

The website www.perequera.com operates under the trading name PERE QUERA S.A., the trademark and business names being owned by PERE QUERA S.A., a trading company of Spanish nationality, with Tax Identification Number A17298621 and registered office at Carrer Argenteria 22 Girona; registered in the Trade Register of Girona, folio 121 of volume 105, sheet number G-1881, 1st inscription, Contact telephone number: (+34) 972 204690; Contact e-mail address: marketing@perequera.com.

PERE QUERA S.A. is devoted to manufacturing, repairing and trading in jewellery, precious stones and watches.

PERE QUERA S.A. is the official distributor of all the commercial brands appearing on the website.

2.  Range of Products

The use of trade names or registered trademarks referring to the products offered by PERE QUERA S.A. on this website are the property of their legitimate owners; however, PERE QUERA S.A. has been authorised to use them by their holders or beneficiaries.

The images and descriptions that appear on the website www.perequera.com regarding the products and brands on sale are the property of PERE QUERA S.A. (of which the company reserves all rights of use) and/or their suppliers and holders, whose rights are reserved by their holders, in neither case is their reproduction permitted.

The details or features of the published products are not contractual in nature; therefore PERE QUERA S.A. accepts no responsibility for any errors these descriptions may contain.

3.  Availability

All product orders are delivered immediately and/or within the stipulated delivery period, depending on availability. The products’ availability on the website is updated according to the stock, so that the update may be as fast as possible.

If, for reasons beyond PERE QUERA S.A.’s control, certain items appear as available in stock but are actually unavailable, and are purchased by a user of the www.perequera.com website, PERE QUERA S.A. promises to act in good faith and offer the user the possibility of:

o  Reimbursing any amount paid without any penalty using the same means by which payment was made.
o  Replacing the item with another model of equal quality and value available in stock, with the customer’s consent.
o  If there is a possibility of the product becoming available, sending it in a new delivery period.
 
4.  Prices, taxes and expenses.

PERE QUERA S.A. carries out a rigorous check to guarantee that the prices offered correspond to the retail value stipulated by the brand and to its sales policy. However, given that infallibility cannot be guaranteed and there exists the possibility of error, PERE QUERA S.A. cannot ensure that the prices offered on the website correspond to the actual price of the product. In the event of an error in the final price of any of the items presented, PERE QUERA S.A. undertakes to inform users, as soon as possible, of the actual corrected sale price, offering the customers involved the possibility of reconfirming the order or of cancelling the purchase at no cost.

If the user cannot be contacted, the order will be considered cancelled and the amount of the erroneous price paid will be refunded. PERE QUERA S.A. will not be liable to supply the purchaser with any product at an erroneous lower price, even if the order was confirmed.

The prices of the articles published on the website are subject to change. However, except as stated above, in case of error the possible changes will not affect orders for which an Order Confirmation e-mail has been sent.

The prices on www.perequera.com include VAT at the percentage set by Law at any given time, except where otherwise indicated.

Delivery costs are not included in the price except where otherwise indicated.

5.  Admissibility for making purchases

The use of this website is restricted to people of legal age and with full capacity to act and commit; therefore its use entails the user making a declaration in this regard.

The use of this purchase platform also requires the user’s irrevocable commitment to act in good faith, using this website only to make queries or place legally-valid orders as the final recipient thereof. The user states that it is not his/her intention to purchase products through www.perequera.com for their resale or distribution.

PERE QUERA S.A. reserves the right to refuse or cancel, with no penalty, any order that, due to its characteristics or any other information that PERE QUERA S.A. may have, may lead to the suspicion that it is false or fraudulent or intended for any type of resale activity.

The user promises to provide the details requested in a truthful and accurate manner, authorising PERE QUERA S.A. to use this information to contact users if necessary. The user states that he/she is aware that if he/she does not provide all the information requested, it will not be possible to process the order.

6.  Method of payment

All payments corresponding to transactions conducted through this website must be made either by credit/debit card or by bank transfer, in accordance with that stipulated in this section.

Card payments

PERE QUERA S.A. provides users with a secure online payment gateway for credit and debit cards (Visa, Mastercard, Visa Electron and similar) offered by the CAIXABANK bank.

PERE QUERA S.A. only admits payments through cards owned by the user and purchaser of their products. By authorising the payment, the user is confirming that he/she is the owner of the credit or debit card. Credit cards will be subject to checks and authorisations by their issuer; therefore if that entity does not authorise payment, PERE QUERA S.A. will not be liable for any lack of or delay in delivery due to the purchase not having been being formalised.

In no case will confidential information on the method of payment (card numbers or authentication codes) be stored or kept by PERE QUERA S.A.

Payments by bank transfer.

Payments may also be made by bank transfer subject to special conditions. In this case, PERE QUERA S.A. reserves the right to delay delivering the purchase until it has the necessary payment guarantees.

General to all payment methods.

The user agrees to make full payment for the products purchased in the period set by the company.

7. Delivery and returns policy
 
7.1. Formalisation of the Order

Prior to formalisation of the order, the user must confirm his/her acceptance of the Terms of Use. Once these have been accepted, and the purchase has been confirmed, the customer will receive an Order Confirmation e-mail containing the details of the transaction.

7.2.  Delivery periods

The delivery period of the product will be equal to or less than 15 business days (Monday to Friday) from confirmation of purchase, the normal delivery time being less than 48-120 hrs for deliveries within the national territory.

In the event that the product is delivered after the stipulated maximum period, the customer will be entitled to cancel the order with return of the amounts paid; this cancellation will not entail compensation for any of the parties.

7.3.  Delivery method

PERE QUERA S.A. provides two delivery methods:

7.3.1.- Delivery by transport company.

Once the order has been confirmed, within 5 business days the company allocated for shipment of the purchased goods will contact the customer to agree the delivery time and conditions.

In the event that the customer has not agreed on a delivery date with the transport company after 5 business days have elapsed since the Order Confirmation, he/she should contact PERE QUERA S.A. If the customer does not contact PERE QUERA S.A., the transport company will return the delivery to its origin, the customer being liable for the administration costs associated with the delivery and return.

In any case, the sale of watch and jewellery products is restricted to countries of the European Union. If safe shipment of the products cannot be guaranteed, PERE QUERA S.A. reserves the right to restrict the geographical area of distribution.

The customer pledges to check the condition of the shipment at the time of delivery in the presence of the carrier and must record any anomaly detected on the delivery note (breakage of security labels, external impacts, humidity, etc.), and may reject the delivery.

The customer must inform PERE QUERA S.A. of any problem during delivery by e-mail: marketing@perequera.com

It will be considered that the delivery has been completed or that the order has been delivered when the user (or a third party in his/her name) takes material possession of the product, to be confirmed by signing the order reception at the delivery address agreed, if it is not a "Shop Pickup".

7.3.2.- Shop Pickup

If the client so wishes, his/her order may be picked up at any of the following PERE QUERA S.A. jewellery shops:

7.3.2.1.    Argenteria 22 – Girona. Tel. 972 20 46 90
7.3.2.2.    Pl de la Montañeta 1 - Alicante. Tel. 96 523 01 67

To access the shop pickup service, the customer must expressly request it in the purchase process and must comply with delivery times indicated by e-mail.

The customer must go to the selected point of sale when formalising the order and identify himself/herself with the current original National ID Card or passport and show proof of purchase.

If the customer wishes the products to be picked up by a third party, he/she must notify this by e-mail together with a signed authorisation containing the complete details of the customer and the person whom he/she wishes to authorise (first name(s), surname(s), National ID or Passport number)

8. Cancellation right

The Client has the right to withdraw from this contract within a period of 14 calendar days following receipt of the article without the need for any justification.

To formalize the withdrawal, the client must send to the email address marketing@perequera.com., Within the indicated period, the returns form that is included at the end of this section, indicating their willingness to withdraw, their data (including their account number) and those of the contract whose withdrawal you intend.

In no case will returns be accepted that do not conform to the procedure and channels marked by PERE QUERA S.A

However, the customer will not have the right to withdraw if the product is a custom-made or personalized product at his request.

The customer will be reimbursed all payments received after the purchase, including shipping costs (up to the shipping address starts), except for the additional costs resulting from the choice by the customer of a different shipping method than the ordinary one. offered by PERE QUERA.

The return costs as a result of the exercise of the right of dissent will be borne by the customer.

The return costs will only be refunded in the event that PERE QUERA has delivered a different product by mistake, or with a defect.

They will not accept returns of products that show signs of use or manipulation that go beyond the mere verification of the nature and proper functioning.

It is essential that the products to be returned retain the original packaging, the warranty and the manuals or any other document or accessory that the original packaging contains.

Finally, in the event that the client chooses to return, they must send an email to marketing@perequera.com indicating the following information:

WITHDRAWAL FORM

-To the attention of PERE QUERA.

Date:

I hereby inform you that I am withdrawing from our sales contract with the following information:

Asked number

Order date

Order receipt date

Address or authorized store

Customer name

E-mail

Telephone

Reference to return

The type of return you choose

Customer account number for return purposes.

Once PERE QUERA S.A. Notify that the returned products meet the requirements of authenticity and required status, the payment will be reimbursed using the same method in which you made the purchase and in a period of less than 15 business days.


9.  Customs declaration and international taxes and fees.

All international shipments, as well as shipments to the Canary Islands, Ceuta and Melilla must be accompanied by an import/export declaration made to the customs authorities. This document shows the total amount of the order.

The customer must pay the international taxes or fees levied on the products in the territory of collection.

10.  Guarantee

PERE QUERA S.A offers its clients products and services of the highest quality.

The products acquired by the client through the purchase procedure established on the website have the legal guarantee of consumer goods, that is, their conformity with their description on the website and with these Particular Conditions.

PERE QUERA S.A is responsible for the lack of conformity that is manifested within a period of two years from the delivery.

The consumer must inform PERE QUERA of any incident due to a manufacturing defect that he detects in the delivered product, within two months of becoming aware of it. Failure to comply with this period will not entail the loss of the corresponding right to sanitation, the client being responsible, however, for the damages or losses actually caused by the delay in communication. In any case, the guarantee relating to those damages caused by improper use is excluded, as well as in general all those excluded by current European Union legislation.

In no case do they give rise to warranty coverage:

o Any damage caused by improper or abnormal use of the product.

o Bumps and scratches caused by normal use of the product.

o Detachment or breakage of gems or other applied elements.

o Stains or changes in brightness on metals, gems or other elements caused by external chemical agents.

o Allergies.

Specific cases for watch products that are excluded from the guarantee:

o Battery or battery life.

o Wear due to normal or abnormal use of the product.

o Damages caused by improper use of the product or its lack of maintenance.

The warranty is void if the product is manipulated by personnel not authorized for this purpose by the manufacturer.

If the manufacturer of the purchased product verifies and corroborates the existence of a manufacturing defect, and the protocol and terms indicated for the warranty coverage have been followed, at the customer's choice, the item will be repaired or replaced.

Any other claim is excluded except for the rights that the buyer has against the manufacturer in accordance with current legislation.


11.  Privacy and data policy

In accordance with the provisions of the Law on Protection of Personal Data ("LOPD") - Organic Law 15/1999, of 13 December and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - you are informed that the personal data that the user must provide during the registration and purchase process through www.perequera.com will be included in the files owned by PERE QUERA S.A. for the following purpose:

o  To enable the services requested by the user to be provided.
o  Keep you informed of the products and services offered by PERE QUERA S.A. by means of electronic and/or physical media.

All the data requested through the website and processed by PERE QUERA S.A. are necessary for the optimal provision of the services requested by the user. PERE QUERA S.A. does not guarantee that services will be properly provided if all the details requested in the registration and purchase process are not provided (including that marked as optional).

Notwithstanding the purposes indicated in each case, the requested personal information will be stored and managed with due confidentiality, applying the computer security measures set forth in the applicable legislation for the purpose of preventing access to or improper use of your data, its manipulation, deterioration or loss.

Users can exercise their rights of access, rectification, limitation of treatment, portability, opposition and cancellation of personal data stored on the website by addressing their request via e-mail to marketing@perequera.com.

12.  Prevention of money laundering and financing of terrorism

For the purposes envisaged in Article 4 of Law 10/2010 of 28 April on the prevention of money laundering and financing of terrorism, the customer states that he/she is the real titleholder of the transaction. PERE QUERA S.A. warns the customer that his/her data may be transferred to those public administrations which, in compliance with the regulations, have the right of access to them.

If the amount of the purchase exceeds €1,000, the customer will be required to identify himself/herself with a copy of the valid National ID Card or Passport, and the order may be suspended until this has been carried out.

13.  Modifications to the Conditions of Purchase

At any time, PERE QUERA S.A. may alter the conditions determined herein, and will publish said modification on this website. The validity of the aforementioned conditions will be based on their disclosure, and they will be in force until they are modified by other, duly-published conditions.

14.  Applicable Legislation

The use and purchase contracts through www.perequera.com are governed by Spanish legislation.

For any controversy derived from this online sales contract, the Spanish courts will be competent. Likewise, Spanish law (Consolidated Text of the General Law for the Defense of Consumers and Users) will be applicable in everything that is not provided for in this contract.

The European Commission offers a platform for alternative dispute resolution, which can be accessed from: http://ec.europa.eu/consumers/odr/ PERE QUERA SA is not attached to any association and organization that offers a system extrajudicial conflict resolution.



15.  Intellectual property

All copyrights, registered trademarks and other intellectual property rights over the materials or contents published as part of the website at all times correspond to the company and/or to those to whom it grants authorisation for their use.

 

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