1. GENERAL INFORMATION
The ownership of this website, https://mywoodenjewelry.com (hereinafter referred to as the “Website”), is held by: Cristina Moreno García, with NIF: ES46404133T, and whose contact details are:
Address: Córcega 466 6º 2º 08025 Barcelona España
Contact telephone number: +34 606753298
Contact email: info@mywoodenjewelry.com
This document (as well as any other documents mentioned herein) governs the terms and conditions for the use of this Website (https://mywoodenjewelry.com/) and the purchase or acquisition of products and/or services through it (hereinafter, the “Terms”).
For the purposes of these Terms, the activity that My Wooden Jewelry carries out through the Website includes: Handmade wooden jewelry and accessories for women and men.
In addition to reading these Terms, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy and the privacy and data protection policy of My Wooden Jewelry. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and by all of the aforementioned policies. Therefore, if the User does not agree with any of these terms, they should not use this Website.
Furthermore, Users are informed that these Terms may be modified. It is the User’s responsibility to consult them each time they access, browse, and/or use the Website, as those applicable will be the ones in effect at the time a product and/or service is requested.
For any questions the User may have in relation to these Terms, they may contact the owner using the contact details provided above or, where appropriate, via the contact form.
2. THE USER
Access to, browsing, and use of the Website confers the status of user (hereinafter referred to individually as “User” or collectively as “Users”), which implies full acceptance of all the Conditions set forth herein from the moment browsing on the Website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable.
The User agrees to use the Website responsibly. This responsibility shall include:
- To use this Website solely for the purpose of making legitimate inquiries and purchases or acquisitions.
- Not to make any false or fraudulent purchases. If such a purchase is reasonably suspected, it may be canceled, and the relevant authorities will be notified.
- To provide truthful and lawful contact details, such as email address, postal address, and/or other data (see Legal Notice and Terms of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The User may choose to formalize the contract of sale for the desired products and/or services with My Wooden Jewelry in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website using the means and procedures established. They must follow the online purchase and/or acquisition process on https://mywoodenjewelry.com/, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally click on “Buy.”
The User must also complete and/or verify the information requested at each step. However, during the purchase process and before payment is made, the purchase details can be modified.
Next, the User will receive an email confirming that My Wooden Jewelry has received their order or purchase and/or service request — that is, the order confirmation. Where applicable, the User will also be informed by email when their purchase is being shipped. These updates may also be made available to the User through their personal login area on the Website.
Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email and, where applicable, through their personal login area on the Website. Additionally, if the User wishes, they may request a paper copy of the invoice by contacting My Wooden Jewelry through the Website’s contact forms or the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions related to the product and/or service in question, which are displayed alongside its presentation or, where applicable, its image on the relevant page of the Website. These conditions may include, by way of example and without limitation depending on each case: name, price, components, weight, quantity, color, product details or characteristics, the method by which they will be provided and/or the cost of services; and the User acknowledges that placing the purchase or acquisition order constitutes full and complete acceptance of the specific sales conditions applicable in each case.
Communications, purchase orders, and payments made during transactions on the Website may be archived and retained in the computerized records of My Wooden Jewelry in order to serve as proof of transactions, always respecting reasonable security conditions and current applicable laws and regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, as well as the rights granted to Users under this Website’s Privacy Policy.
4. AVAILABILITY
All purchase orders received by My Wooden Jewelry through the Website are subject to the availability of the products and/or to any circumstance or force majeure event (as referred to in Clause Nine of these Terms) that may affect the supply of the products and/or the provision of the services. In the event of supply difficulties or if products are out of stock, My Wooden Jewelry agrees to contact the User and refund any amount that may have been paid. The same shall apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise indicated and applied due to legal requirements, especially concerning VAT.
Shipping costs are included in the final prices of the products as shown on the Website. My Wooden Jewelry carries out delivery and/or shipping services through: My Wooden Jewelry.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, except those selected and voluntarily chosen by the User.
Prices may change at any time, but such changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card
My Wooden Jewelry uses all available means to guarantee the confidentiality and security of the User’s payment data transmitted during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, My Wooden Jewelry will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.
Once My Wooden Jewelry receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge will be made at the time the User is sent the shipping confirmation and/or service confirmation, as applicable.
In any case, by clicking on “Buy,” the User confirms that the payment method used is their own.
6. DELIVERY
In cases where the physical delivery of the purchased goods is applicable, deliveries will be made worldwide.
Except in the event of unforeseen or extraordinary circumstances or, where applicable, due to the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason attributable to My Wooden Jewelry, it is unable to meet the delivery date, it will contact the User to inform them of the situation, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on business days.
If delivery of the order proves impossible due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange a new delivery.
If the User is not going to be at the delivery location at the agreed time, they must contact My Wooden Jewelry to arrange delivery for another day.
If 30 days pass since the order became available for delivery and it has not been delivered for reasons not attributable to My Wooden Jewelry, it will be understood that the User wishes to withdraw from the contract, which will therefore be considered terminated. As a result of the termination, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered on the Website, without undue delay and in any case within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User should be aware that transportation resulting from the termination may incur additional costs, which may be charged to the User.
For the purposes of these Conditions, delivery shall be deemed to have occurred or the order shall be deemed delivered when the User or a third party indicated by the User acquires material possession of the products, as evidenced by the signature of receipt at the agreed delivery address.
The risks of the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when My Wooden Jewelry receives full payment of all amounts due in relation to the purchase, including shipping costs, or at the time of delivery, if this occurs later than the receipt of the full payment amount by My Wooden Jewelry.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the Spanish VAT territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at the time depending on the specific item in question.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
Users are informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify such data by contacting My Wooden Jewelry through the contact sections provided on the Website, and, where applicable, through those enabled for contacting customer service and/or using the contact details provided in Clause One (General Information). Likewise, this information may also be corrected by the User through their personal account area on the Website.
In any case, before clicking on “Buy,” the User has access to the area, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to the Legal Notice and General Terms of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and by Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.
8. RETURNS
In cases where the User purchases products on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the My Wooden Jewelry Website. In the case of separate deliveries of goods within the same order, the withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods. In the case of a service contract, the withdrawal period will be 14 calendar days from the date the contract was entered into.
To exercise this right of withdrawal, the User must notify My Wooden Jewelry of their decision. They may do so, if applicable, through the contact forms provided on the Website.
Regardless of the communication method chosen, the User must clearly and unequivocally state their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided by My Wooden Jewelry as an annex to these Terms and Conditions; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the corresponding deadline expires.
In the event of withdrawal, My Wooden Jewelry will reimburse the User for all payments received, including shipping costs (with the exception of any additional costs resulting from the User’s choice of a different delivery method than the least expensive option offered on the Website), without undue delay and in any case no later than 14 calendar days from the date on which My Wooden Jewelry is informed of the User’s decision to withdraw.
My Wooden Jewelry will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not incur any additional cost to the User. However, My Wooden Jewelry may withhold the reimbursement until it has received the returned products or items, or until the User provides proof of having returned them, whichever condition is met first.
The User may return or send the products to My Wooden Jewelry at: Córcega 466 6º 2º 08025 Barcelona Spain
And it must be done without undue delay and, in any case, no later than 14 calendar days from the date on which My Wooden Jewelry was informed of the decision to withdraw.
The User acknowledges being aware that they must bear the direct cost of returning the goods (transportation, delivery), if incurred. In addition, the User will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not limited to, this would apply to: personalized products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their factory-sealed packaging; products sealed for health or hygiene reasons that have been unsealed after delivery; digital content supplied without a physical medium.
The same applies to the provision of a service that the User may contract through this Website, as the same Law states that the right of withdrawal will not apply to Users when the service has been fully performed, or when it has begun, with the express consent of the consumer and user, and with their acknowledgment that they are aware that once the contract has been fully executed by My Wooden Jewelry, they will have lost their right of withdrawal.
In any case, no refund will be issued if the product has been used beyond merely opening it, if the product is not in the same condition as when it was delivered, or if it has been damaged after delivery.
Likewise, products must be returned using or including all original packaging, instructions, and any other accompanying documents, along with a copy of the purchase invoice.
You can download the model withdrawal form at the following link:
Return of Defective Products or Shipping Errors
This applies to all cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order. In such cases, the User must contact My Wooden Jewelry immediately to report the discrepancy (defect/error), using the same means or contact information provided in the previous section (Right of Withdrawal).
The User will then be informed of how to proceed with the return of the products. Once the items are returned, they will be examined, and the User will be notified within a reasonable period whether a refund or replacement is warranted.
The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days from the date on which we send the User an email confirming that the refund or replacement of the non-conforming item will be processed.
The amount paid for products returned due to a defect, when one actually exists, will be fully refunded, including delivery costs and any expenses the User may have incurred to return the product. The refund will be issued using the same payment method the User used for the original purchase.
In all cases, the rights granted to the User under current applicable consumer protection laws will always be upheld.
Warranties
The User, as a consumer and user, is entitled to guarantees on the products that may be purchased through this Website, under the legally established terms for each type of product. Therefore, My Wooden Jewelry shall be liable for any lack of conformity that becomes apparent within three years from the date of delivery.
In this regard, it is understood that the products comply with the contract provided that: they match the description given by My Wooden Jewelry and possess the qualities stated therein; they are suitable for the use normally expected of goods of the same type; and they show the quality and performance customary in goods of the same type and which can reasonably be expected. When this is not the case with the delivered products, the User must proceed as indicated in the section “Return of Defective Products or Shipping Errors.”
However, some of the products marketed on the Website may present non-uniform characteristics as long as these arise from the type of material used in their manufacture and are therefore part of the individual appearance of the product, and shall not be considered defects.
Additionally, it may occur that the User purchases a product on the Website that is manufactured by a third party or branded differently. In this case, if the User considers the product to be defective, they may also contact the brand or manufacturer responsible to exercise their legal warranty rights directly with them, within three years of receiving the product. To do so, the User must retain all warranty-related information regarding the product.
9. DISCLAIMER OF LIABILITY
Unless otherwise legally stipulated, My Wooden Jewelry shall not accept any liability for the following losses, regardless of their origin:
- Any losses not attributable to any breach on its part;
- Business losses (including loss of profits, income, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract of the products was formalized.
Likewise, My Wooden Jewelry also limits its liability in the following cases:
- My Wooden Jewelry applies all necessary measures to provide an accurate visual representation of the product on the Website; however, it shall not be held responsible for minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other similar circumstances.
- My Wooden Jewelry will act with the utmost diligence in making the product ordered available to the transport company. However, it shall not be held responsible for damages caused by issues in transport operations, especially those caused by strikes, roadblocks, and other sector-specific disruptions resulting in delays, losses, or thefts of the product.
- Technical failures caused by unforeseen circumstances or other reasons that prevent the normal operation of the service via the internet. Unavailability of the Website due to maintenance or other reasons preventing access to the service. My Wooden Jewelry will use all reasonable means to ensure the purchase, payment, and shipping/delivery process of the products, but it shall be exempt from liability for causes beyond its control, acts of God, or force majeure.
- My Wooden Jewelry shall not be held responsible for improper use and/or wear and tear of products used by the User. Likewise, it shall not be responsible for erroneous returns made by the User. It is the User’s responsibility to return the correct product.
- In general, My Wooden Jewelry shall not be liable for any failure or delay in fulfilling any of its obligations when such failure is due to events beyond its reasonable control, meaning events resulting from force majeure, including but not limited to:
- Strikes, lockouts, or other industrial action.
- Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
In such cases, the obligations shall be suspended during the period the force majeure event continues, and My Wooden Jewelry shall have an extension of time to fulfill its obligations for a period equal to the duration of the force majeure. My Wooden Jewelry will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with My Wooden Jewelry will be electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent by My Wooden Jewelry electronically comply with the legal requirement of being in writing. This condition does not affect the User’s legally recognized rights.
The User may send notifications and/or communicate with My Wooden Jewelry through the contact details provided in these Terms and, where appropriate, through the contact sections of the Website.
Likewise, unless otherwise stated, My Wooden Jewelry may contact and/or notify the User via their email address or postal address provided.
11. WAIVER
No waiver by My Wooden Jewelry of any specific right or legal action, or the failure to require strict compliance by the User with any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or these Terms, nor shall it exempt the User from fulfilling their obligations.
No waiver by My Wooden Jewelry of any of these Terms or of the rights or actions derived from a contract shall be effective unless it is expressly stated as a waiver and is formalized and communicated to the User in writing.
12. SEVERABILITY
If any of these Terms are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in effect and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between the User and My Wooden Jewelry regarding the subject matter of the sale and purchase, and supersede any prior agreement, understanding, or promise made verbally or in writing between the same parties.
The User and My Wooden Jewelry acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except as expressly set out in these Terms.
14. DATA PROTECTION
The personal information or data that the User provides to My Wooden Jewelry during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy (included, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and the purchase contracts for products through it shall be governed by Spanish law.
Any dispute, issue or disagreement arising from or related to access to, browsing and/or use of the Website, or the interpretation and execution of these Terms, or the sales contracts between My Wooden Jewelry and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit to My Wooden Jewelry any complaints, claims or other comments they may wish to make through the contact details provided at the beginning of these Terms (General Information).
In addition, My Wooden Jewelry has official complaint forms available to consumers and users, which can be requested at any time using the contact details provided at the beginning of these Terms (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between My Wooden Jewelry and the User, the User as a consumer may seek an out-of-court resolution in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this platform through the following website: https://ec.europa.eu/consumers/odr/.
