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Terms and conditions

1. TERMS OF USE AND PURCHASE CONDITIONS

These Terms of Use and Conditions of Purchase (hereinafter, "CONDITIONS") establish the terms that govern the use of this WEB page and the purchase of products on it.

We ask you to read these CONDITIONS carefully, as well as our PRIVACY POLICY and COOKIE POLICY , both available on the WEBSITE itself.

These TERMS may be modified, so it is your responsibility to read them periodically to ensure that you are aware of the terms and conditions in effect at the time of your purchase.

If you have any questions, you can contact us at


We inform you that this website ( www.goldandroses.com ) is owned by RED HEMISPHERE SL, a Spanish business registered in the Mercantile Registry of Madrid, Volume 32535, Folio 31, Sheet M-585613; with NIF B87034690; domiciled at Calle Fortuny, 33 – 28010 Madrid, and email address info@goldandroses.com (hereinafter “THE COMPANY”). Telephone: 91 308 36 65.

Thus, these Terms of Use and Conditions of Purchase apply to the relationship between THE COMPANY and you (hereinafter, "THE CLIENT"), regarding all transactions you carry out on the website. www.goldandroses.com (hereinafter “WEB OR ONLINE STORE”).

2. CUSTOMER DATA AND COMMITMENT

The information or personal data that the CLIENT provides us will be treated in accordance with the provisions of our PRIVACY POLICY .

By using this website, the CUSTOMER consents to the processing of their data and declares that they are true and accurate. Therefore, the CUSTOMER undertakes to:

  • Use this website only to make legally valid inquiries or orders.

  • Do not place any false or fraudulent orders. If there is any evidence of falsification or fraud, THE COMPANY is authorized to cancel the order and inform the relevant authorities. Furthermore, THE COMPANY assumes no liability for any damages and/or expenses that may arise.

  • Provide THE COMPANY with your email address, postal address, and/or other contact information in a truthful and accurate manner. Furthermore, the CLIENT consents that THE COMPANY may use this information to contact you, if necessary.

  • Provide a copy of your authentic identity document (DNI, passport, etc.) to comply with our obligations regarding the prevention of money laundering, to ensure the correct export of the product if it must pass through customs, and to ensure clear invoice issuance.

  • Do not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs, or any other technologically harmful or damaging programs or materials.

  • The CLIENT will not attempt to gain unauthorized access to this WEBSITE, the server on which said website is hosted, or any server, computer, terminal, or database related to our WEBSITE. Failure to comply with this clause may result in the commission of violations classified under applicable law.

  • The CLIENT declares that he or she is over 18 (EIGHTEEN) years of age and has the legal capacity to enter into contracts. In this regard, THE COMPANY may verify, by any means it deems appropriate, compliance with the aforementioned requirement.

3. AVAILABILITY OF THE SERVICE AND OUR PRODUCTS

The products that THE COMPANY offers through its website are available worldwide, except for countries experiencing armed or political conflicts, or countries with potential restrictions or laws that prevent our shipments. THE COMPANY reserves the right not to accept purchases from these countries and to refund buyers using the same payment method used by them.

All orders for our products are subject to availability. In the event of supply difficulties or a stock shortage, THE COMPANY will inform you by email and will refund the CUSTOMER any amount paid, using the same payment method used for the purchase, if the CUSTOMER decides not to wait for the product to become available.

4. RIGHT TO NOT ACCEPT AN ORDER

THE COMPANY may cancel any confirmed order or refuse to accept an order for the following reasons:

  • Due to lack of availability of the product as described in the point 3 former.

  • For purchases from countries that are in war or political conflict or whose restrictions or laws do not allow our shipments to be delivered, as described in the point 3 former.

  • When there are reasons indicating that the client is a minor.

  • When the order could not be delivered to the address provided by the customer.

  • When the payment method provided by the customer is incorrect or unverifiable.


In such cases, THE COMPANY will duly notify you via email, so that the problem can be resolved before taking any action, or it will fully refund any amounts paid as purchases were made.

5. PRICES, TAXES AND BILLING

The prices of the products on this website are shown in Euros and are the current prices at the time of purchase.

Product prices may be subject to change at any time, but will not affect orders that have already been confirmed and a confirmation sent to the customer.

All product prices, shipping costs, and other services include VAT at the current rate. Shipping costs are added per order at the time of purchase, and the final total price will be communicated before finalizing and accepting the purchase.

For deliveries to the Canary Islands, Ceuta, and Melilla, the applicable taxes and duties will apply, in accordance with the regulations in force in each of these territories (IGIC or IPSI, respectively). Sales to these territories are considered exports and therefore VAT is not applicable. The customer will be responsible for paying the taxes or import duties at customs (according to their respective legislation).

For sales to countries outside the EU, the transaction is also exempt from VAT, and the customer will be responsible for paying any taxes or import duties at customs (according to their respective legislation).

For countries within the EU, intra-community deliveries will apply.

With their purchase, the customer authorizes THE COMPANY to issue the invoice electronically. If the customer wishes to receive the invoice in paper format, they may request it at any time by contacting our Customer Service Department through one of the following means. In this case, we will issue and send the invoice in that format to the address provided:

  • Email that must be sent to the following address: info@goldandroses.com

  • Postal mail addressed to: RED HEMISPHERE SL, Calle Fortuny, 33 – 28010 Madrid.

  • Our phone number: 91 308 36 65

6. ORDERS, DELIVERIES AND SHIPPING COSTS

To place an order, the CUSTOMER must select the products they wish by clicking on them, which will then be added to their shopping cart.

Once you have made your selection, you can go to the "shopping cart" (accessible from the top right corner of the page) and from there you can delete products you reject or complete the purchase. You must fill in the necessary information for the final configuration of the purchase. This will include shipping costs (these will vary depending on the delivery location) and will be automatically calculated before the payment process, providing you with the total final price.

If you agree with the final price, you will proceed to fill in the payment method you choose and finalize the operation by clicking on PLACE THE ORDER .

Discount coupons cannot be combined with any other promotion.

Once the process is complete, the CUSTOMER will receive an email confirming their order and purchase within 24 hours.

If the CUSTOMER has made a mistake when submitting their data, they may modify it before proceeding with the submission. If the submission has already been sent, it must be processed as a new submission, through one of the following means:

  • Email that must be sent to the following address: info@goldandroses.com
  • Postal mail addressed to: RED HEMISPHERE SL, Calle Fortuny, 33 – 28010 Madrid.
  • Our phone number: 91 308 36 65

Deliveries will be made to the address indicated by the customer; they will not be delivered to PO boxes.

Orders and payment confirmations received after 3:00 PM (local time) will be processed on the next business day (business days Monday through Friday, excluding holidays marked on the official calendar).

THE COMPANY makes the following shipping methods available:

  • Standard :

    • Peninsula and Balearic Islands (1-5 business days) : Your order will be delivered within 1 to 5 full business days from the date you place your order and pay the corresponding price. This standard shipping cost is free within the Peninsula and Balearic Islands.
    • Canary Islands (10-12 business days) : Your order will be delivered within 10 to 12 full business days from the date you place your order and pay the corresponding price. The cost of this standard delivery is 15 euros.
    • Ceuta and Melilla (10-12 business days) : Your order will be delivered within 10 to 12 full business days from the date you place your order and pay the corresponding price. The cost of this standard delivery is 15 euros.
    • European Union and other countries (10-15 business days) : Your order will be delivered within 10 to 15 full business days from the date you place your order and pay the corresponding price. The cost of this standard shipping will depend on the country and will be notified before purchase.

* Due to the high volume of orders during campaign periods, delivery times may be affected and may be delayed beyond the above-mentioned timeframes.

* For orders that require customization at the customer's express request, delivery times may vary, and exchanges or returns will not be accepted. You can read our EXCHANGE AND/OR RETURN POLICY in SECTION 8 of these TERMS AND CONDITIONS.

* In the event of unforeseen or extraordinary circumstances (transport strikes, weather, any other unforeseen force majeure, etc.), delivery times may be subject to change.

* If a product is not in stock at the time of purchase and the customer still wants it, it will take between 2 and 3 weeks to manufacture.

If for any reason we are unable to meet the delivery date, we will inform you via email, offering you a new delivery date or the option to cancel the order with a full refund of the price paid.

The " delivery of the order" will be understood to have occurred at the moment in which the customer, or a third party indicated by the customer, acquires physical possession of the product, which will be accredited by signing the receipt of the order at the agreed delivery address.

In the event that the customer is unable to deliver the order , the customer will arrange delivery with the transport company.

7. PAYMENT METHODS AND SECURITY

The payment methods we offer are the following:

  • DEBIT OR CREDIT CARDS : VISA, MASTERCARD, AMERICAN EXPRESS. During the purchase process with this method, the customer will be asked for their card identification number (CVV). The CVV is a 3- or 4-digit numeric value that provides encrypted control of the information stored on the card. This security feature is designed to protect the customer against fraud. Your CVV will not be stored in our systems, and you must provide it each time you make a purchase on our website.

  • PAYPAL : If you choose this payment method you will be redirected to the PayPal page to make the payment.

  • DIRECT BANK TRANSFER: If you choose this option, once selected, you must complete the purchase by clicking on "PLACE ORDER." A screen will open with our bank details so you can complete your order, as well as your order number and purchase details.

  • APLAZAME-FLEXIBLE FINANCING . If you choose this payment method, clicking on Aplázame , you will be redirected to the page owned by APLAZAME, SL, so that you can apply this payment method from there, following their instructions.

* If you attempt to pay through any other means, we are not responsible for the loss of payment made or any other damage caused by the customer's action .

* Payments are only accepted in Euros.

We use secure payment systems from leading financial institutions to offer maximum security.

We are committed to protecting our customers' personal information at all times as stated in our PRIVACY POLICY .

All transactions are carried out through secure payment systems, and confidential payment data is transmitted directly and encrypted (SSL) to the entity.

When the customer makes a purchase with a credit or debit card, they confirm that the credit or debit card is theirs or their legitimate owner. If any improper or fraudulent charges have been made to the card used, they must notify us as soon as possible so that we can take the appropriate steps through one of the following means:

  • Email that must be sent to the following address: info@goldandroses.com

  • Postal mail addressed to: RED HEMISPHERE SL, Calle Fortuny, 33 – 28010 Madrid.

  • Our phone number: 91 308 36 65


Once the purchase request, customer information, and payment method have been verified, the order preparation process will begin.

8. EXCHANGE, RETURN AND WITHDRAWAL POLICY

Once you receive your order, we recommend that you check its condition and, if applicable, identify any defects or discrepancies. You can also simply withdraw from your purchase. Therefore, you may choose to:

  1. Return and/or exchange : In the event of a defect or fault, the CUSTOMER may return the product and THE COMPANY may refund the corresponding purchase price, as well as any shipping costs that may have been paid, or may replace the product with another in good condition at no additional charge. In the event of a return or exchange of the product, the CUSTOMER has the right to: 15 calendar days from the date of receipt of the product.

  2. Withdrawal : by decision of the client, without the need to justify his decision and without penalty of any kind. Under current applicable regulations, the CLIENT has the right to WITHDRAWAL during the period of 14 calendar days from receipt of the product .

However , due to the special characteristics of certain products the following should be taken into account :

  • For reasons of health protection and hygiene, Changes, returns or withdrawals are not accepted on sealed products that have been opened , that is, when the wrapping, packaging or seal that protects them has been opened, except for those that request an exchange or return due to a defect or tare.
  • When the product has been made according to the CUSTOMER's specifications and clearly personalized , changes, returns or withdrawals cannot be made, unless there is a defect or flaw in the product.
  • In the event of withdrawal, the CUSTOMER will only be responsible for any decrease in the value of the product resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the products.

To make an exchange or return, you can contact us through one of the following methods, where we will tell you how to proceed:


Procedure to make the change or return
:

  • You must send an email with your order number, indicating whether you want to exchange or return the item. It is essential to have the invoice or purchase receipt.
  • All products to be returned must be returned with their original packaging. Each item must be sent in a sealed package, in perfect condition, and packed separately (if there are more than one item), without scratches or damage, as received, along with a copy of the invoice.
  • No refunds will be issued for products that have been discounted due to a limited-time promotion or campaign.
  • During SPECIAL or FLASH SALES periods, returns are not accepted. You can exchange the product for another of equal or higher value, or a voucher will be issued for the purchase price, which will not expire.
  • No exchanges, returns, or withdrawals are possible at GOLD&ROSES stores in El Corte Inglés stores, or at any store that distributes our products. Returns must be sent to our returns center at the following address:
    • RED HEMISPHERE SL, Calle Fortuny, 33 28010 Madrid.
  • The return will be made at the buyer's own risk and expense, and the buyer must include the invoice or purchase document, along with the corresponding certificate of authenticity.
  • THE COMPANY will refund the price of the product, using the same payment method used by the CUSTOMER, within 14 calendar days of receiving the merchandise at its returns center.
  • Shipping and return costs will only be refunded if THE COMPANY has sent another product by mistake or the exchange or return is due to a defect or fault .

To exercise the right of withdrawal :

  • It is necessary for the CLIENT to notify his decision to withdraw from the contract, through an unequivocal statement and through the following means:
    • Email that must be sent to the following address: info@goldandroses.com
    • Postal mail addressed to: RED HEMISPHERE SL, Calle Fortuny, 33 – 28010 Madrid.
  • Exercising the right of withdrawal will not entail any additional costs for the CUSTOMER except for the costs of returning the products, which will be borne by the CUSTOMER.

9. WARRANTY AND LIABILITY

THE COMPANY offers its CLIENTS the guarantee established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.

The warranty for any damage caused by use or improper use of the product is excluded.

All descriptions, information, and materials appearing on our website are provided "as is." The photographic work performed by THE COMPANY to display its products on our website attempts to be as realistic as possible. However, products may be subject to color variations depending on the calibration of the monitor on the CUSTOMER's monitor, and may appear larger or smaller than their actual size due to the CUSTOMER's monitor settings and photographic techniques. These characteristics will not be considered defects or flaws.

10. FORCE MAJEURE

The fulfillment of all or part of THE COMPANY's obligations will be suspended in the event of a fortuitous event or force majeure that prevents or delays such fulfillment. These include, but are not limited to, the following: war, riots, insurrection, social unrest, strikes of any nature, and supply problems not attributable to THE COMPANY. THE COMPANY undertakes to notify you of this event within 7 days of its occurrence. If the reason for the suspension lasts more than 15 days, you will have the option of canceling your current order, and THE COMPANY will refund the price paid in accordance with the conditions set forth in these PURCHASE CONDITIONS.

11. PREVENTION OF MONEY LAUNDERING AND TERRORISM FINANCING

Because the activity in which THE COMPANY is engaged is the marketing of jewelry, it is obliged and subject to Law 10/2020 of April 28, to the prevention of money laundering and the financing of terrorism.

This means that, among other obligations that are applicable to this condition, we must identify and keep a copy of the reliable identity document (DNI, Passport, etc.) of any CUSTOMER who makes a purchase equal to or greater than 1,000.00€ on jewelry products. Therefore, the CUSTOMER is aware of this legal obligation and undertakes to send us, upon request, a copy of the payer's ID document to comply with it. The order will therefore be held in our logistics center until this requirement is met. The order may be canceled after a maximum period of 15 days from the order request if the corresponding documentation is not presented.

12. MODIFICATION OF CONDITIONS

THE COMPANY reserves the right to modify these CONDITIONS at any time.

The CUSTOMER will be subject to the CONDITIONS in force at the time of use of the WEBSITE; therefore, any changes or modifications made will not affect orders already in progress.

13. APPLICABLE LAW AND JURISDICTION

The use of THE COMPANY's website and any product purchase contracts entered into through it shall be governed by Spanish law.

However, without prejudice to the foregoing, the CLIENT who is not a resident of Spain also enjoys the protection guaranteed by the mandatory provisions of the law of the country where he or she has his or her habitual residence.

Therefore, the parties submit to the courts and tribunals of the CLIENT's habitual residence for the resolution of any disputes that may arise with said contracts.

The European Commission provides consumers with a platform for resolving consumer complaints online, which can be used by following the link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES