For users and clients of dhorfilia.com and of Dhorfilia S.L. services and goods

Applicable from May 2018

 INTRODUCTION

These e-commerce terms and conditions apply to purchases made by consumers on the Site, owned and run by Dhorfilia S.L. (hereafter “Dhorfilia”, “Dhorfilia S.L.”, “Dhorfilia Jewelry”, ”we” or “us”). By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We recommend that you read these Ecommerce terms and conditions thoroughly before making a purchase on the Site. You will find the following points below:

GENERAL TEMS

ORDERING PRODUCTS

PRICES AND PAYMENT

DELIVERY

RIGHT OF WITHDRAWAL

COMPLAINTS AND RECLAMATIONS

GOVERNING LAW

RESERVATIONS

PRIVACY POLICY

GENERAL TERMS

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

ORDERING PRODUCTS

You can order online 24 hours a day. We normally process orders Monday to Friday between 08.00 and 16.00 (GMT +1). Orders made outside this period of time will be processed on the following business day.

When you place an order, we will immediately send you a receipt by email. Please note that this receipt is not an order confirmation and that we are not bound by the order at this time. The final agreement between you and DHORFILIA JEWELRY is only valid when we have sent an email confirming we are bound by the order.

You are responsible for ensuring the accuracy of the customer information you enter as a part of the purchasing process, as we do not subsequently validate or verify this information.

 PRICES AND PAYMENT

All stated prices are incl. VAT (21%). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to change prices on the Site with immediate effect and without notice.  However, prices will generally be adjusted as of February 1st. The applicable price is the one stated on the Site next to the item in question at the time the order is made.

Shipping costs for delivery are included in the price.

We accept the credit cards shown at the bottom of the Site. When paying by credit card, payment will be deducted at the same time your invoice is sent.

We handle your credit card information in confidence and we do not store your credit card information. Your credit card information is entered directly into a payment service owned by the bank and therefore we do not have any knowledge of your credit card information. The above is out of consideration for your safety. The Site only stores the data needed to deduct the agreed purchase amount from your account when the item is shipped to you.

All payments by credit card are validated. DHORFILIA JEWELRY reserves the right to withhold an order in the case of suspicion and fraud, money laundering or similar. The purchase price can only be refunded to the credit card used for the original purchase.

We encrypt all your card information with the so-called SSL (Security Socket Layer) protocol. This means that unauthorized persons are unable to read your card number or other information during the transaction with Redsys and Caixabank, which process payments for purchases made at dhorfilia.com. Please also note that the page where you provide your card information looks different to the rest of our Site. This is due to Redsys's requirements that the page should be secure and the information encrypted. 

SHIPMENTS AND RETURNS

Shipping is free in all orders worldwide, with the exception of any customs import fees, which are the responsibility of the buyer. 

If your product is on stock, packages are generally dispatched within 2 days after receipt of payment and are shipped via CORREOS, NACEX, FEDEX or DHL with tracking and drop-off with signature. The actual delivery time depends on the form of delivery, which we try to optimize depending on the product type and its readiness in our workshop. You should expect to receive your order within 3-4 business days in Europe, within 5-7 business days in the USA and 7-14 business days in the rest of the world, if the item is in stock. We cannot guarantee local delivery conditions, especially if force majeure or customs delays, and we are not responsible for delay because we cannot accurately specify when the item will be delivered to the customer/recipient's address.


Many of our products are the product of craftsmanship and are made according to your specifications after we receive your order. Although most especial orders are crafted within 3-4 days, depending on the complexity of the work, and especially if natural gems are involved, it might take up to 2 weeks to finalize your order. We will in any case email you regularly with the status of your order to keep you updated.


If the individual order contains multiple items, we will first ship the order when all items are ready for delivery. If your purchase involves delivery to an EU country outside of Spain, the rules apply to the free movement of goods, which means that you must pay Spanish VAT (IVA), but not any local customs duties. The same rule applies to countries outside of the European Union.


Please note that we are unable to deliver to P.O. box addresses. 

RIGHT OF WITHDRAWAL

We make a living from happy and satisfied customers. We therefore encourage you to first contact us at contact@dhorfilia.com or by phone if you experience any problems with any item you have purchased.

You are entitled to withdraw from the purchase within 14 days of receipt of the item. The right of withdrawal can be exercised without specifying any particular reason by sending a message to us by ordinary mail, fax or email.

NOTE:  You may not exercise the right of withdrawal simply by refusing to receive the item or by failing to pick it up from the shipper.

Please send the notice of withdrawal to the following address:

DHORFILIA S.L.
Rodriguez Arias 17, 2°D
48011 Bilbao
Spain

or

EMAIL: contact@dhorfilia.com

We recommend you always state your order number in the notice of withdrawal to avoid any mistakes and delays.

NOTE:
The right of withdrawal does not apply to items that have been customized to your personal specifications. This includes ring sizes and any modifications to original designs to adapt to the customer specifications. In addition, certain products or services may be available exclusively to certain clients. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

If you send a notice of withdrawal from the purchase, you must return the item to us at the same address without undue delay, and within 14 days after you indicated you wanted to withdraw from the purchase. We may require proof that the item has been shipped before the expiry of this deadline.

If the item is sent, it must be packed securely, and you are kindly asked to attach a copy of the notice of withdrawal and/or state the order number on the package.

We recommend that international purchases be returned via FEDEX or DHL to ensure the goods are shipped securely and are covered by insurance during transportation. However, you can also choose another secure shipping method. It is your responsibility to pay for the return costs.

NOTE:
You are responsible for any damage that may occur during transportation. Please also note that all return costs are incurred by you, unless we have delivered the item to you by mistake or the item has been damaged or is defective upon receipt. We are unable to determine a fixed price for the return shipment in advance, as this depends on the weight of the item and the choice of carrier, etc.

Returned items should be in good and undamaged condition. If a returned item shows signs of damage or use, beyond what is necessary to determine the nature, characteristics and manner of the item, you are liable for the cost of the item's deterioration in value. We estimate the value based on a specific assessment of the returned product based on the following guidelines for deterioration:

No signs of use and the product is in original packaging: 0 % + Shipping Costs.

Minor signs of use of the item and/or original wrapping: 30 % + Shipping Costs.

Visible signs of use of the item and/or missing/damaged original packaging: 50 % + Shipping Costs.

Visible damage to the item, such as scratches or non-removable stains: 100 %.

Payment for the item will be refunded as soon as possible, usually when you have submitted proof that the item has been returned and in any event within 14 days of our receipt of the item/items. However, we reserve the right to withhold the refund until we have inspected the item/items, which may be the case if we have to individually inspect gems.

If you withdraw from the purchase in accordance with these e-commerce terms, we will refund the purchase price less any deterioration. Unless you instruct us otherwise, we will issue the refund using the same payment method that you used to make the original transaction.

NOTE:
Your claim for refund does not include any fees for using credit cards or other means of payment that we have paid to redeem.

If you would like more information concerning your 14-day right of withdrawal, you can visit the European Union’s Competition and Consumer Authority's Site:

https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm.

Also, you can visit the EU’s Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1403168186965&uri=CELEX:32011L0083

  COMPLAINTS AND RECLAMATIONS

We make a living from happy and satisfied customers. We therefore encourage you to contact us if you experience any problems with any item you have purchased.

In addition to the right of withdrawal, your general rights in the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights apply to defective items, delayed items or items that do not match the description. You thereby have 24 months' warranty, which means that if the delivered product is defective you can:

  • demand assistance
  • demand a re-delivery
  • demand a proportional reduction in the purchase price or
  • terminate the purchase agreement unless the deficiency is insignificant

The above naturally assumes that your claim is justified and the defect is not due to improper handling or use or any other damage to the product.

You must notify DHORFILIA JEWELRY of defective goods within a reasonable time after you have or should have discovered the defect. Notice given within two months after you have or should have discovered the defect is always within a reasonable time.

If you wish to exercise your right to claim or if you would like to complain about your purchase, please write to us at the following address:

DHORFILIA S.L.
Rodriguez Arias 17, 2°D
48011 Bilbao
Spain

or

EMAIL: contact@dhorfilia.com

When returning purchased products, please attach a copy of your invoice as well as a description of the complaint/defect.

You can also appeal to the Consumer Complaints Board via this link:
https://ec.europa.eu/consumers/odr/ 

GOVERNING LAW

These e-commerce terms and conditions and any purchase agreement regarding the purchase of items from us are subject to Spanish law, except the Spanish applicable law and European Law.

RESERVATIONS

We reserve the right for typo errors, items that are sold out and force majeure, including delivery failures from our suppliers. Furthermore, DHORFILIA JEWELRY is unable to guarantee that the Site is always 100% up to date. DHORFILIA JEWELRY may change the contents of the Site at any time.

DHORFILIA JEWELRY is unable to guarantee that colors and qualities are reproduced 100% correctly in the Site. The reproduction depends on the computer's color settings and the screen being used. Furthermore, natural products like precious gems will vary in color and shine. Therefore, minor discrepancies in color and shine are not considered to be a defect in the view of the purchase law.

DHORFILIA JEWELRY always tries to provide accurate and comprehensive information in the Site. However, errors may still occur. If you have mistakenly been charged an incorrect amount, you have the opportunity to place a new order with the correct price stated or cancel the purchase. However, DHORFILIA JEWELRY reserves the right to cancel the purchase before sending your item, if we find that the purchase is based on incorrect information, including incorrect pricing. In such a case, you will be notified by email. If we are unable to contact you, your order will be automatically cancelled.

DHORFILIA JEWELRY reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

DHORFILIA JEWELRY reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Disclaimer of Warranties; Limitation of Liability: We do not guarantee, represent or warrant that your use of our web service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the site service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the site is at your sole risk. The site and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dhorfilia S.L., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

PRIVACY POLICY

Dhorfilia S.L. Privacy Policy: This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from dhorfilia.com (the “Site”).

Personal Information We Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what Sites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

 We collect Device Information using the following technologies:

    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

    - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

    - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and account numbers), email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How Do We Use Your Personal Information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

Communicate with you; Screen our orders for potential risk or fraud; and: When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing Your Personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Prestashop to power our online store. We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here:

https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising in the following links:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

DHORFILIA S.L.
Rodriguez Arias 17, 2°D
48011 Bilbao
Spain

or

EMAIL: contact@dhorfilia.com

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 
Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us using the details provided below:

DHORFILIA S.L.
Rodriguez Arias 17, 2°D
48011 Bilbao
Spain

or

EMAIL: contact@dhorfilia.com