Sales Policy and Use of eCommerce

 

GENERAL CONDITIONS

The following Terms and Conditions of Use and Sale regulate the website as well as its electronic commerce under the domain visiondiamond.es (hereinafter “the Website”), of which Vision Smart Diamond, S.A. (hereinafter THE COMPANY) domiciled at Nostián Avenue, Nº24 – 15008 La Coruña, Spain is the owner.
Through the visiondiamond.es site, THE COMPANY provides information about its products and offers the possibility of acquiring them. Due to the content and purpose of the Website, people who wish to purchase their products must have the status of “Client”, which will be obtained by completing the registration form and following the steps that THE COMPANY establishes through the website. The condition of Client implies adherence to the Conditions of Use of the version published at the time the Website is accessed, which may be modified at any time and without prior notice by THE COMPANY. By virtue of the foregoing, it will be the Client’s obligation to review its updates.
In any case, there are pages of the Website accessible to natural or legal persons who do not register or initiate a product purchase (hereinafter, “Users”). In this sense, Users who access these parts of the Website agree to be subject to the terms and conditions contained in these General Conditions, to the extent that this may be applied to them.
In the case of natural persons, the content and services offered by our Website are reserved and directed only to an audience over 18 years of age, and it is the responsibility of the parents or guardians to supervise the behavior of minors who enter the Website. Website.

CONTACT

For any type of doubt, query or suggestion, you can send us your comments by email to the address info@visiondiamond.es

PRICES

All the prices of the products that are indicated through the web page include the corresponding Value Added Tax and other taxes that may correspond.
However, these prices do not include the expenses corresponding to the shipment of the products, which are detailed separately and must be accepted by the Client.
The prices published on the Website will be valid, so THE COMPANY will not be obliged to supply any product at a price that is not valid at the time of requesting it. In this sense, THE COMPANY reserves the right to modify prices at any time and without prior notice.

AVAILABILITY

THE COMPANY will make its best effort so that the number of units available and mentioned on the Website is kept up to date, however the foregoing will depend on the existence of the corresponding products in stock and their availability.
We reiterate that the COMPANY’s commitment will always be to do everything possible to please all its Clients in the demand for the products.

In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order.
The partial cancellation of the order due to lack of availability does not give the right to cancel the entire order. If as a result of this cancellation the customer wants to return the delivered product, he must follow the provisions of the Return section.
In this sense, in the event that the product requested by the Client is not in stock, he may choose to return the price of the item(s) purchased or the delivery of the item(s). ) of the same quality or species that will be sold according to the current price.

PAYMENT

The Customer agrees to pay at the time the order is placed, at the price that appears at that time on the Website for each of the products offered, to which will be added the fees corresponding to the relevant shipping costs. In any case, these rates will be previously communicated to the Client before formalizing the purchase itself.
The proof of purchase corresponding to the purchase order will be available and can be viewed at visiondiamond.es in the “My account”, “Orders” section. The electronic invoice will be issued and sent to the email registered by the client.
The Client must pay the amount corresponding to his order by means of a credit or debit card (Visa, MasterCard, American Express). The card with which the payment is made must have a bank or savings bank valid in Spain as the issuing financial institution and in accordance with the rules of the provider of said service that is active on the Website at the time. Payment by card is made with its security protocols mentioned in the following section called SECURITY.
The Client must notify THE COMPANY of any undue or fraudulent charge on the card used for purchases, by email, in the shortest possible time so that THE COMPANY can carry out the appropriate procedures.

SECURITY

THE COMPANY has security measures commercially available in the sector.
In addition, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Client’s computer and that of the online payment service provider. In this way, when using the SSL protocol, it is guaranteed:
1. That the Client is communicating his data to the server center of the service provider for online payments and not to any other that tries to impersonate it.
2. That between the Client and the server center of the service provider for online payments, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

FORMALIZATION OF ORDERS

Once the order has been formalized, that is, with the acceptance of the Conditions of Use, the entry of the requested data required and the confirmation of the purchase process, THE COMPANY will always send an email to the CLIENT confirming the details of the purchase made (it is It is important to consider that the time it takes for said purchase to be reflected in your account will depend on your financial institution as well as the type of card).

CANCELLATION OF ORDERS

THE COMPANY will accept cancellations of orders when they are requested before the shipment of the same.
To make the cancellation you must request it by sending an e-mail to info@visiondiamond.es within a period not exceeding 12 hours after receiving the confirmation of the purchase process.

DEADLINES, PLACE OF DELIVERY AND LOSSES

I. Product Delivery
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the Client on the order form, and which in any case must be within the National Territory and within the coverage of the company that provides the delivery service. . In order to optimize delivery, we thank the Customer for indicating an address where the order can be delivered within the hours of 8:00 a.m. to 6:00 p.m.
THE COMPANY will not be responsible for errors caused in the delivery when the delivery address entered by the Client in the order form does not match reality or has been omitted. Similarly, THE COMPANY will not be responsible for errors caused by the Client in identifying the product requested through the order form.

II. Delivery term
Shipments will be made through a courier company. The order placed by you will be delivered within a maximum period of 15 business days from the time we have confirmed the order. Orders placed after 13:00 hrs. They will be processed the next business day.
These deadlines are means, and therefore an estimate. Therefore, they may vary for logistical reasons or force majeure. In cases of delays in deliveries, THE COMPANY will inform its Clients as soon as it becomes aware of it.
Each delivery is considered made from the moment in which the transport company makes the product available to the Client, which is materialized through the control system used by the transport company.
In the case of delays in the delivery of orders attributable to THE COMPANY, the Client may cancel his order in accordance with the procedure described in the “RETURN” Section of this Sales Policy. Those cases in which the order has been made available to the Client by the transport company within the agreed period and could not be delivered for reasons attributable to the Client will not be considered delays in delivery.
Once the order leaves our warehouses, a notification will be sent to you through the e-mail provided on the Website, notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any order to post office boxes, nor will it accept any order when it is not possible to identify the recipient of the order and its address.

III. Delivery Data, Deliveries not made and Loss
If at the time of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. If after 10 business days after the delivery of the order the delivery has not been arranged for reasons attributable to the Client, the latter must contact THE COMPANY through our eCommerce sales department via email to info@visiondiamond.es where You will be attended to resolve the delivery. In the event that the Client does not proceed in this way, after 10 business days from the date the order is dispatched, it will be returned to our warehouses and the Client must bear the cost of shipping and returning the merchandise to origin, as well as possible associated management fees.
If the reason why the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the delivery times established in this Sales Policy may vary.

IV. diligence in delivery
The Client must check the good condition of the package before the carrier who, on behalf of THE COMPANY, delivers the requested product, indicating in the delivery document any anomaly that could be detected in the packaging. If, subsequently, once the product has been reviewed, the Client detects any incident such as a blow, breakage, signs of having been opened or any damage caused to it by the shipment, the Client undertakes to
communicate it to THE COMPANY via email in the shortest possible time, before the next 24 hours from delivery. From that moment on, incidents for this type of case will not be dealt with (only parts under warranty).

RETURN

Products purchased through electronic commerce at visiondiamond.es are subject to THE COMPANY’s return policies in force at the time the purchase order was made, which are described below. Without prejudice to your legal rights, THE COMPANY provides you with the following voluntary return guarantee:
Except as otherwise indicated in this Policy, items shipped by THE COMPANY can be returned within 30 days of the delivery date, as long as it is in perfect condition, without damage or wear due to common or improper use and in its original packaging, in addition the customer must mention the reason why they want to return the product.
Some products have different policies or requirements associated with them, which are included on the packaging. When you return an item, you agree that the refund and the manner in which it is credited may vary depending on the condition of the item, how long you have owned the item, and how the item was purchased. If you return a different product or in a different condition than the one we shipped, we will not be able to process your refund. If you return the products in accordance with this voluntary return guarantee, we will refund the price of the product paid, but not the shipping costs of your initial purchase. You will have to bear the risk of transport and return costs. The original shipping and return costs will only be refunded on returns due to manufacturing defects. This money-back guarantee does not affect your statutory rights and therefore does not affect your right of cancellation described above.

INTELLECTUAL PROPERTY

“Intellectual Property” includes, but is not limited to, all trademarks registered and/or used in Spain or abroad by THE COMPANY and/or its subsidiaries, as well as the Sales and Use Policy for eCommerce
all rights over inventions (patented or not), industrial designs, utility models, confidential information, industrial secrets, trade names, commercial notices, reservations of rights, domain names, as well as all kinds of property rights over works and creations protected by copyright and other forms of industrial and intellectual property recognized or recognized by the corresponding laws.
THE COMPANY holds the Intellectual Property or, as the case may be, the rights and/or faculties of all the content, design and source code of this website and, in particular, including but not limited to, photographs, images, texts, logos , designs, trademarks, trade names and data that are included on the Web, as well as the products published on it.
Clients and Users are warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all current regulations on the matter are also applicable to it.
The total or partial reproduction of this website, or any of its contents, without the express written permission of THE COMPANY is expressly prohibited.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves an infringement of the current regulations on intellectual and/or industrial property, as well as the use of the contents of the Web if it is not with the prior express authorization in writing of THE COMPANY.
THE COMPANY informs that it does not grant any implicit license or authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Web. The use of the contents of the web domain is only authorized for informational and service purposes, provided that the source is cited or referred to, the user being solely responsible for their misuse.

ACCESS AND STAY ON THE WEB. OUR CONTENT

Clients and Users are fully responsible for their conduct, when accessing the information on the Web, while browsing it, as well as after having accessed it. As a consequence of the foregoing, Clients and Users are solely responsible before THE COMPANY and third parties for:
1. The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the Website, whether or not produced by THE COMPANY, officially published or not under its name.
2. As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent the normal enjoyment by other Users.
THE COMPANY reserves the right to update the contents when it deems it appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients and Users who do a wrong use of the contents and/or breach any of the conditions that appear in this document.
THE COMPANY informs that it does not guarantee:
1. That access to the website or linked pages be uninterrupted or error free.
2. That the content or software that Clients and Users access through the website or linked pages does not contain any errors, computer viruses or other elements in the content that may cause alterations in their system or in electronic documents and files. stored on your computer system or cause other damage.
3. The use of the information or content of this website or linked web pages that Clients and Users could make for their personal purposes. The information contained in this Web page must be considered by Clients and Users as informative and guiding.

CANCELLATION OR RESTRICTION OF ACCOUNT

THE COMPANY may cancel or restrict the Client’s or User’s account if any improper use of the Website and the services offered therein is detected, understanding as improper use, by way of example, but not limitation, the following assumptions:
• Use the Website to resell products and any other commercial use.
• The use of automated mechanisms or tools or similar technology whose purpose is to extract, obtain or collect, directly or indirectly, any information contained on the Website.
• Any attempt to modify, adapt, translate, or convert the formats or computer programs of the Website or its contents.
• Collect and use product descriptions.
• Collect and use product descriptions.
(including trademarks) in any form or by any means; this restriction includes, but is not limited to the following media: electronic media, mechanical media, photocopying media, recording media, or any other media.
• Accessing data not intended for the user or logging into a server or account to which the user is not authorized to access.
• Attempt to interfere with service to any user, host, or network, including, without limitation, by sending a virus to the Website, overloading, flooding, spam, mail bombing, or crashing.
• Send unsolicited email, including promotions and/or advertising of products or services.
• Attempting or carrying out fraudulent activities, among which are, without limitation, the falsification of identities or forms of payment. All registration and billing information provided must be true and accurate. Providing any false or inaccurate information constitutes a breach of these.

OUR RESPONSIBILITY

THE COMPANY does not assume any derivative liability, including but not limited to:
1. The use that Clients or Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
2. Of the possible damages and losses to the Clients or Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and/or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program provides to the User.
3. Of the contents of those pages to which Clients or Users can access from links included in the Web, whether authorized or not.
4. Of the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY by contractual means.
5. The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the tools to control the use of Internet in order to avoid (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
6. Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the website and/or linked web pages, nor will it be liable, therefore, for any possible damages and prejudice suffered by individual and/or collective Clients or Users as a result of said communications and/or dialogues.
THE COMPANY will not be responsible in any case when they occur:
1. Errors or delays in accessing the Website by the Client when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY.
2. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the website services are constantly operational.
3. Errors or damages caused to the website due to inefficient use of the service and in bad faith by the Client.
4. Non-operational or problems in the email address provided by the Client for sending the order confirmation.
5. In any case, THE COMPANY undertakes to solve the problems that may arise and to offer all the necessary support to the Client to reach a quick and satisfactory solution to the incident.
6. Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, extend them duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.

NULLITY

In the event that any clause of these Conditions of Use is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions of Use. THE COMPANY may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by THE COMPANY or prescription of the action that corresponds in each case.

MODIFICATION OF THE TERMS OF USE

THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Por ello, LA EMPRESA recomienda al Cliente leerlas atentamente cada vez que acceda al Sitio Web. Clients and Users will always have these Conditions of Use in a visible place, freely accessible for as many queries as they may wish to make. In any case, the acceptance of the Conditions of Use will be a previous and essential step to the acquisition of any product available through the Website.