TERMS AND CONDITIONS
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (goldberryjoyas.com) and the purchase of products on it (hereinafter, the conditions"). We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Privacy Policies, so if you do not agree with all the Conditions and with the Data Protection Policies, you should not use this web page.
These Conditions could be modified; It is your responsibility to read them periodically, since the conditions in force at the time of conclusion of each Contract (as defined below) or in the absence of this, at the time of use of the website will be those that are applicable. .
If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our contact form or by email v.atencioncliente@gmail. com
The Contract (as defined below) may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of articles through this web page is carried out under the commercial name of GOLDBERRY JOYAS. However, the legal representative of said trade name is Violeta Rodríguez Jáquez, with address at PASEOS VISTAS DEL SOL # 6601 L13 Haciendas 31215, Chihuahua, Chih., México and RFC ROJV910710622.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
i. Make use of this website only to make legally valid inquiries or orders.
ii. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
iii. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The articles offered through this website are available for national and international shipping, except for those areas or zones that, due to the difficulty of access, communications or similar considerations, justify that said offer is not available.
6. HOW THE CONTRACT IS FORMALIZED
There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If for any reason your order has not yet been accepted and a charge has already been made to your account, the amount thereof will be refunded in full.
To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation").
All orders are subject to our acceptance, of which you will be informed via email in which we will confirm that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that could have been ordered until we confirm the shipment of the same in a Shipping Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to availability. If due to force majeure, or if there are difficulties in the supply of products or if by exception there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. . If you do not wish to order these substitute products, we will refund any amount that you may have paid, reiterating that we will always do our best to keep the website up to date.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time.
9. DELIVERY
Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product / s listed in each Shipping Confirmation before the delivery date that appears in the Shipment Confirmation in question or, if no delivery date is specified, within the estimated term indicated when selecting the shipping method, the maximum term will be 20 business days; and only as a mere exception, the maximum delivery time will be 30 working days from the date of the Order Confirmation.
However, delays may occur for reasons such as product customization, unforeseen circumstances or the delivery area.
Keep in mind, in any case, that we do not deliver home on Saturdays or Sundays.
10. IMPOSSIBILITY OF DELIVERY
GOLDBERRY JOYAS is not responsible for delays beyond the control of the company, loss, or anomalies generated by the improper treatment of the courier company.
If you have selected the "Pick-up at CUU branch" option and your order is not collected in a period of less than 60 days, GOLDBERRY JOYAS reserves the right to dispose of the merchandise without any notification and giving by done that the delivery will no longer be available.
11. TRANSFER OF RISK AND OWNERSHIP
The property and therefore the risks of the products will be your responsibility from the moment of delivery.
12. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as explained in our Orders and Shipping section.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation
Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order. A detailed description of the purchase process is available in the section How to Buy and Process an Order within the Frequently Asked Questions page. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use Visa, Mastercard, American Express, Carnet, Pagaflex and PayPal cards as a means of payment.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made when your order leaves our warehouses. If your means of payment is Paypal, the charge will be made when we confirm the order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to enter into any Contract with you.
13. BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order. Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
14. VALUE ADDED TAX
In accordance with the Value Added Tax Law, the sale of merchandise in Mexico is considered a taxed activity for the purposes of this tax. It is understood that an alienation is carried out in Mexico when the good is found in the country when it is sent to the purchaser and when, not having sent it, in the country the material delivery of the good is made by the seller.
Considering the above, the orders that are placed will be subject to the general rate of value added tax which is currently 16%.
15. RETURN POLICY
15.1 Right to withdraw from the Contract
15.1.1 Content and Exercise of the Right
If you are contracting as a consumer and user, you have the right to withdraw from the Contract within a maximum period of 30 calendar days from the Shipment Confirmation, without the need to justify said withdrawal in the terms and according to the procedure contained in this section 15.1.
To exercise the right of withdrawal, you must notify GOLDBERRY JOYAS by writing to the email v.atencioncliente@gmail.com or our contact form , your decision to withdraw from the purchase through an unequivocal statement.
You will not have the right to withdraw from the Contract whose purpose is the supply of any of the following products:
Your right to withdraw from the purchase will apply exclusively to those items that are returned in the same conditions in which you received them.No refund will be made if the item has been used beyond the mere opening of the same, of Items that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the item / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents. In any case, you must deliver together with the product to be returned the electronic ticket that you will have received attached to the Shipping Confirmation, which can also be found in your account on the website.
15.1.2 Return of the product
As part of the exercise of the right, you must proceed to return the product. You can return or deliver the products directly to us in the store, or request the return through a courier / courier on our website, without any undue delay. The return of the goods must take place before the end of the period granted for the exercise of the right of withdrawal indicated in clause 15.1.1.
Returns in VIOLETA ROGRÍGUEZ.
If you prefer to leave your return in our store, you must send an email to v.atencioncliente@gmail.com from the email with which you processed your order or fill out a contact form from our website requesting a return in store. After receiving our return confirmation email, you must print it together with your order form and show up at the store during business hours with the items you wish to return in their original packaging, inside the GoldBerry Joyas protection box.
Returns via messenger / Courier.
To book a return with collection at your door, you must send an email to v.atencioncliente@gmail.com from the email with which you processed your order or fill out a contact form from our website requesting a return. Shortly, one of our representatives will contact you to send you a standard parcel guide at no cost and to schedule the collection of the package.
In case you do not wish to return the products through any of the free options available, you will be responsible for the return costs.
15.1.3 Assessment of the status of the product and, where appropriate, refund
In the event that you have opted for the return of the item (s), we will proceed to examine the condition of the product to verify that it is returned in the same condition in which you received it. After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made without any undue delay and, in any case, no later than 20 calendar days from the date on which we send you an email confirming that the refund is proceeding. We will proceed to make said refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the reimbursement, unless you have not proceeded to the return in accordance with any of the options offered in section 15.1.3 above.
15.2 Withdrawal of the purchase due to defects or hidden defects.
15.2.1 Content of the Right
In addition to the right of withdrawal granted in section 15.1 above, GOLDBERRY JOYAS grants consumers a right of withdrawal for hidden defects or defects in the terms and according to the procedure indicated in this section 152.
This right implies our commitment to accept the exchange or return of your products within the first 15 days from the date on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, 15 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods, when said goods have hidden defects or defects that make them unsuitable for the uses to which they are usually intended or reduce their quality or the possibility of use or do not offer the security that given their nature is normally expected of it and its reasonable use.
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them except for the hidden defect or defect that it presents. Please return the item using or including all its original packaging, instructions and other accompanying documents. In any case, you must deliver together with the product to be returned the electronic ticket that you will have received attached to the Shipping Confirmation, which can also be found in your account on the website.
15.2.2 Exercise of the Right
In cases where you consider that the product does not conform to the provisions of the Contract due to hidden defects or defects, you must contact Contact us immediately and, at the latest, within the period of 15 days mentioned in section 15.2.1 above, through our contact form providing the product data as well as the damage or hidden vice suffered.
15.2.3 Return of the product
As part of the exercise of the right, you must proceed to return the product. You can make returns at the GOLDBERRY JOYAS store or through a courier / courier that we will send to your home. The return must take place as soon as possible and, at the latest, within the five days following the end of the 10-day period mentioned in section 15.2.1 above.
Returns in store GOLDBERRY JOYAS.
If you prefer to leave your return in our store, you must send an email to v.atencioncliente@gmail.com from the email with which you processed your order or fill out a contact form from our website requesting a return in store. After receiving our return confirmation email, you must print it out along with your order form and show up at the store during business hours with the items you wish to return in their original packaging, inside the GOLDBERRY JOYAS protection box.
Returns via messenger / Courier.
To book a return with collection at your door, you must send an email to v.atencioncliente@gmail.com from the email with which you processed your order or fill out a contact form from our website requesting a return. Shortly, one of our representatives will contact you to send you a standard parcel guide at no cost and to schedule the collection of the package.
In case you do not wish to return the products through any of the free options available, you will be responsible for the return costs.
15.2.4 Assessment of the status of the product and, where appropriate, refund or replacement
We will proceed to examine the condition of the product and the existence of the defect or hidden defect. After examining the item, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 20 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate. The refund will always be made in the same payment method that you used to pay for the purchase.
The amounts paid for those products that are returned due to some defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item.
If you have any questions, you can contact us through our contact form or via email v.atencioncliente@gmail.com.
15.3 Guarantees of our products.
All GOLDBERRY JOYAS products have a 30-day guarantee from the date of receipt of the Order Confirmation in the following aspects:
- Factory cracks or defects.
To make the guarantee valid, you will have to follow the following steps:
In GOLDBERRY JOYAS store.
If you prefer to make your guarantee valid in our store, you must send an email to v.atencioncliente@gmail.com from the email with which processed your order or fill out a contact form from our website raising your case. After receiving our warranty confirmation email, you must print it along with your order form and show up at the store with the items during business hours. The store staff will assess your situation and give you an estimated delivery time. They will contact you once the piece is ready.
Returns via messenger / Courier.
To book a return with collection at your door, you must send an email to v.atencioncliente@gmail.com from the email with which you processed your order or fill out a contact form from our website requesting a return. Shortly, one of our representatives will contact you to schedule the collection of the package. Shipping costs for guarantees will be $ 199 MXN (one way to the distribution center and return) must be covered by the customer.
If you want to return the part instead of making the guarantee valid, you can make use of your right of withdrawal stipulated in sections 15.1. and 15.2. Each piece will be evaluated by our quality team and will verify if it is indeed subject to our guarantee against manufacturing defects.
16. LIABILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our liability is not excluded or limited in any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the previous paragraph and to the extent that it is legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin: < / p>
i. loss of income or sales:
ii. loss of business;
iii.loss of profits or loss of contracts;
iv loss of expected savings;
v. data loss; and
vi. loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website Unless otherwise expressly stated in it.
All the descriptions of products, information and materials that appear in this web page are provided "as a true body" and without express or implicit guarantees on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver articles that are in accordance with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The products we sell, especially handicrafts, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, weight and color, will not be considered as defects or defects. On the opposite, it will count with your presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
The provisions of this clause will not affect your rights as a consumer and user, nor your right to withdraw from the Contract.
17. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to gain unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker.Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the download of content from the same or to which it redirects.
19. LINKS FROM OUR WEBSITE
In the event that our web page contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
20. WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or SMS or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
21. NOTIFICATIONS
The notifications that you send us should preferably be sent through our contact form or to the email v.atencioncliente@gmail.com In accordance with the provisions of clause 20 above and unless otherwise stipulated, We may send you communications either by email or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email , or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the consumer.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors, assignees and assignees.
You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
VIOLETA RODRÍGUEZ JÁQUEZ, in its capacity as legal representative of GOLDBERRY JOYAS Y SUS MARCAS may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it, at any time during the validity of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
23.EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, the cause of which is due to events that are beyond our reasonable control ("Act of God or Force Majeure" )
The Causes of Fortuitous Event or Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
i. Strikes, lockouts or other protest measures.
ii. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
iv. Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from Contracts will be suspended during the period in which the Cause of Fortuitous Event or Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the that lasts the Cause of Fortuitous Event or Force Majeure.
We will use all reasonable means to end the Cause of Fortuitous Event or Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of Fortuitous Event or Force Majeure.
24. DISCLAIMER
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that we could correspond by virtue of said Contract or the Conditions, it will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
25. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity. .
26. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and VIOLETA RODRÍGUEZ JÁQUEZ, in its capacity as legal representative of GOLDBERRY JOYAS AND ITS BRANDS in relation to with the purpose of the same and they replace any other previous pact, agreement or promise agreed between you and VIOLETA RODRÍGUEZ JÁQUEZ.
You and VIOLETA RODRÍGUEZ JÁQUEZ acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations entered into by the two before said Contract, except for what is expressly mentioned in these Conditions
Neither you nor VIOLETA RODRÍGUEZ JÁQUEZ will have any action against any uncertain statement carried out by the other party, verbally or in writing, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to the other party will be for breach of contract in accordance with the provisions in these Conditions.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must do Retroactive changes in said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you have previously made.
28. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Mexican law.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the jurisdiction of the courts and tribunals of the City of Chihuahua, waiving expressly to any other jurisdiction that may correspond to them by reason of their present or future addresses or for any other reason.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. We kindly ask you to send us such comments and suggestions through our contact form or to v.atencioncliente@gmail.com
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