Terms and Conditions

Purchase Conditions

1. Object

The owner of this website is FINA GARCIA S.A., with registered office in Barcelona and email: [email protected], and with CIF A59066118, registered in Volume 11,100, Section 2, Folio 39, Sheet 129,249 of the Mercantile Register of Barcelona. FINA GARCIA S.A. is a company dedicated to the sale of jewelry articles. This legal notice contains the conditions that regulate the use and access to the website http//www.customima.com/en (hereinafter Web or customima.com) and the responsibilities derived from its use.

The mere use of the Web, attributes to who makes use of it, the condition of user, who declares to know and accept without reservation or exception, any and all of the General Conditions that are set forth in this document.

The possibility of accessing the contents, services and other information concerning the corporate purpose of this entity will be made available to users through customima.com. The present General Conditions constitute in full the agreement between the parties in relation to the “on line” purchase transactions between customima.com and its clients.

These General Conditions will be automatically resolved by the termination of the company FINA GARCIA S.A. or by the filing of bankruptcy petitions (voluntary or necessary), suspension of payments, creditors settlement, general transfer of assets in favor of creditors, cessation of the activities of the society, petition for release or postponement, etc.

Should any clause included in these General Conditions be declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective; the General Conditions remaining otherwise effective, and such affected provision, or the part thereof, will be considered as not stated.

customima.com makes available to customers the email address [email protected] so that they can raise any doubt.

2. Content

customima.com is exempt from liability for those cases in which due to technical or human errors there were mistakes or variations between the photograph, the technical description and the price of the product. It is also declared here that the photographs are merely indicative, and there may be variations in their physical aspect, but without impairing the integrity and performance of the product requested.

customima.com exonerates itself from the contents, information, opinions or comments disseminated through its portal, nor will it respond of the use that the user makes of that information.

3. User’s Rights and Obligations

The conditions of access to customima.com are subject to the legal provisions in force at any time, as well as to the principles of good faith and lawful use by the user, expressly and specifically prohibiting any type of action that could go to the detriment or harm of customima.com or third parties.

customima.com does not require previous subscription for mere navigation, access or use of the service in question. The user undertakes to make a lawful, diligent, honest and correct use of all information or content accessed through customima.com or third parties, previously supplied by customima.com, and all this under the principles of good faith as well as respecting current legality at all times. The commitment acquired must be governed by the use contained in accordance with the provisions of law, moral and public order: not to copy, reproduce, distribute, give up, transform or modify the contents without prior consent in writing from customima.com or its delegate.

Finally, the user undertakes to comply with all the requirements set forth in relation to intellectual, industrial and other similar rights.

User Register and Access Keys

The user agrees to select, use and keep his username or “user” and his password or “password” (hereinafter and jointly the “Access Keys”) in accordance with the provisions of the following clauses.

The user will have the option to choose and indicate their own Access Keys. The user may not choose as username words, expressions or graphic-denominative expressions that are obscene; abusive; coincident with trademarks, commercial names, establishment labels, social denominations, advertising expressions, names and pseudonyms of public or famous characters, for whose use is not authorized and/or, in general, contrary to the law, moral and public order. customima.com reserves the right to remove or suspend any username that meets any of the aforementioned characteristics.

The user agrees to make a lawful and diligent use of the Access Keys, as well as not to make available their Access Keys to third parties.

The user undertakes to reliably communicate to customima.com staff as soon as possible, the loss or theft of the Access Keys as well as any risk of access to them by a third party.

The Access Keys may only be used by the users to whom they have been assigned. customima.com is exempt from any liability that may be incurred for damages caused or suffered by fraudulent use or lack of diligence in the safekeeping and custody of the Access Keys, loss or use in contravention of the provisions of these General Terms.

4. Rights and Obligations of customima.com

customima.com reserves the right to temporarily suspend the provision of the service without prior notice to the user, as long as it is necessary to carry out maintenance, update or improvement of the service. It may also modify the access conditions and/or the specific location of the content of the Web, as well as prevent, restrict, block, delete or withdraw access to services to users when they do not make a lawful, honest and diligent use of the services rendered on the Web. In the same vein, it may remove, block or restrict the use of the content introduced by third parties that are unlawful, racist, criminal, advocating terrorism, against human rights, defamatory, pornographic, fraudulent, or otherwise not complying with national or international laws or regulations applicable.

5. Prices

The price shown at all times next to each product includes VAT.

The costs of shipping, insurance and pre-notice (system that notifies the customer of the approximate arrival of the shipment) are handled by customima.com for the Spanish Peninsula and Balearic Islands. customima.com takes care of part of the cost for the deliveries in the Canary Islands, Ceuta and Melilla. The cost for these destinations will be of € 45.

6. Order

Orders will be made through the Web, and will only be binding once the acceptance of the payment has been verified. After the order is issued, the customer must proceed to payment by any of the possible ways of payment available at that moment in customima.com.

The maximum amount accepted in any case will be € 10,000, regardless of the number of pieces. The price offered in the order will be kept for a maximum of 7 days.

When a product is not in stock, it will be indicated in its own page and it will not be possible to add it to the order. The client can request by means of the methods of contact an approximate date of replacement, as well as a list of products of similar or superior characteristics.

The place of delivery is the one indicated by the customer on the purchase form. The order will be considered done on the same day if it is placed before 17:00. In the case of placing the order after 17:00 or on a non-working day, the order will be considered to be made the next business day. In any case, it begins to count from the moment at which customima.com receives the payment of the order.

After receiving the payment corresponding to an order, customima.com will proceed to issue and send the invoice to the address indicated by the customer. The invoice will also be sent by email to the address provided by the customer.

customima.com reserves the right to return the amount paid and cancel the order. This right will be exercised against irregularities in the procedure or on suspicion of crime.

7. Shipping and Delivery Times

customima.com will make its most intensive efforts in order to deliver on the date scheduled, offered or confirmed. However, it will not be liable for any failure to comply with those dates as long as it is for reasons beyond the control of customima.com.

Upon delivery of the goods, the customer must sign the delivery note giving their agreement to the delivery made. The customer’s compliance with the delivery note implies the waiver of any type of complaint claim in respect of the goods ordered and received.

In order to make the insurance effective as well as to correct any errors in delivery, it is an indispensable prerequisite that any incidence with respect to the goods received or their packaging is stated in the comments section of the delivery note provided by the carrier. It is also imperative that customima.com be notified of such incident within a maximum of 24 hours.

If these conditions are not met, customima.com will not assume any responsibility for said merchandise.

customima.com reserves the right to regain possession of the product in the event of nonpayment.

8. Return Policy

The maximum period for making returns is 30 calendar days from the receipt of the order by the customer.

Any product change or return should always be made with the original and intact packaging and labeling, conveniently packaged in its original box and properly protected. The item to be returned must be in the same state in which it was received. Used, damaged or broken products due to lack of care or malpractice won’t be accepted for return. Nor will any changes or returns be accepted in screen printed or customized articles.

The refunds will be made by transfer to the bank account indicated by the customer within 7 business days upon return of the purchased item.

If the customer wishes to make a change or return, please contact the Customer Service department in the email [email protected] The logistics costs derived from the return will be borne by customima.com.

9. Warranty

All our products are guaranteed against any manufacturing defect. Golden items are crafted in 18-karat gold. Silver items are crafted in anti-allergic 925 sterling silver.

The customer is bound by the terms and conditions specified in the suppliers’ products’ warranties of the products purchased through customima.com. Warranty applies as long as the product is used under the normal conditions of use determined by the suppliers. customima.com is not bound to indemnify the user or third parties for the consequences of the use of the product: whether direct or indirect damages, accidents suffered by people, damages to goods different from the product, loss of earnings or loss of profit, damages arising from deterioration or loss of the product.

The products are out of warranty if, once delivered to the customer, have received some deterioration due to external events or accidents.

10. Industrial and Intellectual Property Rights

This Web in its entirety, such as its product descriptions, text, images, brands, logos, buttons, software files, color combinations, structure, selection, order and presentation of its contents, is protected by Spanish and international intellectual and industrial property laws. In no case does access to this Web imply any waiver, transfer or total or partial transfer of the rights granted by Spanish and international legislation on intellectual and industrial property. Reproduction (other than temporary downloading from the Web to the user’s computer hard disk or proxy servers), copy, use, distribution, reuse, exploitation, making of second copies, mailing, transmission, modification, cession or any other act that is done with all or part of the information contained in this Web that has not been expressly authorized by the owner, are prohibited. The user undertakes to use the contents diligently, correctly and lawfully, and in particular, undertakes to refrain from deleting, avoiding or manipulating the copyright and other identifying data of the rights of FINA GARCIA S.A. or of its owners incorporated into the contents, as well as any technical protection devices or any information mechanisms that may be included in the contents. Likewise, the user shall refrain from using the content and, in particular, information of any kind obtained through the Web, to send advertising, communications for commercial purposes, unsolicited messages addressed to a plurality of persons regardless of their purpose, they will also refrain from selling or otherwise disclosing such information. customima.com is a domain registered by FINA GARCIA S.A. The domain of customima.com may not be used, unless expressly authorized, in connection with other services that do not belong to FINA GARCIA S.A., so that it may cause confusion among our customers or discredit to FINA GARCIA S.A.

11. Privacy Policy and Data Protection

The identification and personal data provided in the framework of this Web, via form or via e-mail, are confidential and will be part of the files owned by the company FINA GARCIA S.A. The purpose of the files is to provide the requested information of our products through our Web. At the same time, users authorize FINA GARCIA S.A. to send them commercial information regarding novelties in the scope of the services provided by the same. In the event that they do not wish to receive the aforementioned information, it will suffice to notify it via e-mail to [email protected] at any time.

The data entered in the forms by the user must be true, accurate, complete and current data. In the event that the person that enters the data is different from the one that is going to be declared as user, it will be understood that they have the express consent of the user to do so, and that they grant us authorization to perform the use previously described. The user will be solely responsible for any damages, direct or indirect that could be caused to any person because of the completion of the form with false, inaccurate, incomplete or not updated data. The person responsible for the file agrees to comply with the obligation of secrecy with respect to the contents in the file. Likewise, the holder of the personal data will have the right of opposition, access, rectification and cancellation with respect to all their data stored in the database of FINA GARCIA S.A. These rights may be exercised through any means of communication with FINA GARCIA S.A. at the e-mail address [email protected] FINA GARCIA S.A. reserves the right to modify its policy of confidentiality and data protection as a result of a legislative change, case-law or business practice. If any changes occur, the new text will be published on this Web, where you can access the current policy on confidentiality and data protection. In each case, the relationship with the users will be governed by the rules envisaged at the precise moment in which the Web is accessed.

12. Jurisdiction and Law

These General Conditions are subject to Spanish law, which will be applicable in relation to its validity, interpretation, execution and compliance. Both parties submit to the Courts and Tribunals of the city of Barcelona, expressly renouncing any other jurisdiction that may correspond to them.

The user declares to have read, to know and to accept the present General Conditions in all its extension.

Notice of Privacy

The identification and personal data provided in the framework of this Web, via form or via e-mail, are confidential and will be part of the files owned by Grupo Fina García. The purpose of the files is to provide services and commercial information in the area of services provided by the same and is not shared with third parties.

The data entered in the forms by the user must be true, accurate, complete and current data. In the event that the person that enters the data is different from the one that is going to be declared as user, it will be understood that they have the express consent of the user to do so, and that they grant us authorization to perform the use previously described. The user will be solely responsible for any damages, direct or indirect that could be caused to any person because of the completion of the form with false, inaccurate, incomplete or not updated data. Grupo Fina García undertakes to fulfill the obligation of secrecy with respect to the contents in the file. Likewise, the holder of the personal data will have the right of opposition, access, rectification and cancellation with respect to all their data stored in the database. These rights may be exercised through any means of communication with Grupo Fina García or at the e-mail address [email protected].

Grupo Fina García reserves the right to modify its policy of confidentiality and data protection as a result of a legislative change, case-law or business practice. If any changes occur, the new text will be published on this Web, where you can access the current policy on confidentiality and data protection. In each case, the relationship with the users will be governed by the rules envisaged at the precise moment in which the Web is accessed.