Terms and Conditions

TERMS AND CONDITIONS OF USE AND PURCHASE JOYASDINA.COM

1. INTRODUCTION

This document (together with all documents mentioned herein) establishes the conditions governing the use of this website (joyasdina.com) and the purchase of products on it (hereinafter, the "Conditions"), regardless of the application, digital medium, support or device through which it can be accessed. Please read these Conditions and our Privacy and Cookies Policy ("Privacy and Cookies Policy") carefully 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 and Cookies Policy, so if you do not agree with all the Conditions and the Privacy and Cookies Policy, you should not use this website.

If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.

1. OUR DATA

The sale of items through this website is carried out under the name Joyas Dina, with address at Benigno Malo 10-32 and Gran Colombia, Cuenca, Ecuador, with RUC number 0152128849001 and email atencion@joyasdina.com.

1. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide us about yourself will be processed in accordance with the provisions of the Privacy and Cookies 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 truthful and corresponds to reality.

1. USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

• Use this website solely to make legally valid inquiries or orders.
• Not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been placed, we will be authorized to cancel it and inform the relevant authorities.
• Provide us with your email address, postal address and/or other contact details truthfully and accurately. Likewise, you consent 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.

1. SERVICE AVAILABILITY

The items offered through this website are only available for shipping to the territory of Ecuador, not to other parts of the world.

1. HOW TO PLACE AN ORDER

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"). We will also inform you by email that the product is being shipped (the "Shipping Confirmation").

1. TECHNICAL MEANS TO CORRECT ERRORS

You can correct errors related to the personal data provided during the purchase process by contacting customer service through the email address atencion@joyasdina.com, as well as exercise the right of rectification contemplated in our Privacy and Cookies Policy through dataprotection@industex.com.

This website displays confirmation windows in various sections of the purchase process that do not allow the order to proceed if the data in these sections has not been provided correctly. Likewise, this website offers details of all the items you have added to your cart during the purchase process, so that, before making the payment, you can modify the details of your order.

If you detect an error in your order after the payment process has been completed, you must immediately contact our customer service, at the telephone number or email address mentioned above, to correct the error.

1. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties regarding the supply of products or if there are no items in stock, we will refund any amount you may have paid.

1. DELIVERY

Formalized orders are delivered throughout the territory of Ecuador and Galapagos.

Delivery times: delivery will be made between 1 and 5 business days depending on the shipping address.

Shipping cost:

You also have the option of cash on delivery. This payment method has an extra cost of $3.

Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product/s related in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays, Sundays, or holidays.

For the purposes of these Conditions, it will be understood that "delivery" has occurred or that the order has been "delivered" at the moment you or a third party indicated by you acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

1. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it resent to you. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

In the event that 15 days have passed since your order was available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please note that transportation derived from the termination may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

1. RISK AND OWNERSHIP TRANSFER

The risks of the products will be borne by you from the moment of their delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this occurs at a later time.

1. PRICE AND PAYMENT

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.

Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent you an Order Confirmation.

Once you have selected all the items you wish to purchase, these will have been added to your cart 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 requested at each step. Likewise, during the purchase process, before making the payment, you can modify your order details. 

You can use Visa, Mastercard, American Express, PayPal, PayPhone, cash, Bank Transfer (Pichincha Bank and Guayaquil Bank) as payment methods.

Joyas Dina, with address at Benigno Malo 10-32 and Gran Colombia, Cuenca, Ecuador, with RUC number 0152128849001 and email atencion@joyasdina.com, will make collections and, where appropriate, refunds related to payments made through this website.

By clicking "Authorize Payment" you are confirming that the credit card is yours.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity; however, 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 formalize any contract with you.

1. RETURN POLICY

• Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without needing to provide any justification.

The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the goods, or in the case that the goods comprising your order are delivered separately, 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the last of those goods.

To exercise the right of withdrawal, you must notify Joyas Dina, located at Benigno Malo 10-32 and Gran Colombia, Cuenca, Ecuador, with RUC number 0152128849001 and email atencion@joyasdina.com, of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail or email). You may use the withdrawal form template provided as an Annex to these Conditions, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the expiry of the relevant period.

Consequences of withdrawal

In case of your withdrawal, we will refund all payments received from you, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed with such reimbursement using the same payment method you used for the initial transaction or via bank transfer to the account you specify, unless you indicate otherwise, expressly detailing the payment method through which you wish us to make the refund. You will not incur any expenses as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have provided proof of their return, whichever condition is met first.

You must request the return on our website via courier, without undue delay and, in any case, within a maximum period of 30 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline will be deemed met if you return the goods before said period has expired.

Please note that you will be responsible for the shipping cost of the goods resulting from the return.

You will only be responsible for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

• Contractual right of withdrawal

In addition to the legal right of withdrawal recognized for consumers and users and mentioned in clause 14.1 above, we grant you a period of 30 days, counted from the Shipping Confirmation, to return products (except for those mentioned in clause 14.3 below, for which the right of withdrawal is excluded).

If you return the products within the contractual period for the right of withdrawal, but after the legal period has elapsed, only the price paid for such products will be reimbursed. You will bear the direct costs of returning the product.

You may exercise your right of withdrawal in accordance with the provisions of clause 14.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has expired, you must in any case deliver the goods to us within 30 days counted from the Shipping Confirmation.

• Common provisions

You will not have the right to withdraw from contracts for the supply of any of the following products:

–      Personalized items.

–      Music CDs/DVDs without their original packaging.

–      Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

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. No refund will be made if the product has been used beyond merely opening it, if products are not in the same condition as when they were delivered, or if they have suffered any damage, so you must be careful with the product(s) while they are in your possession. Please return the item using or including all its original packaging, instructions, and other documents that may accompany it.

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. Reimbursement of transportation costs will only be made when the right of withdrawal is exercised within the legal period and all items comprising the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date you notified us of your intention to withdraw. However, we may withhold the reimbursement until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first. The refund will always be made using the same payment method you used to pay for the purchase, or via bank transfer to the IBAN account you specified. You will bear the cost and risk of returning the products to us, as previously indicated. If you have any questions, you can contact us through our contact channels.

Please note that, once the order has been delivered, if you exercise your legal or contractual right of withdrawal, and you are the one who arranges the transport, without said service having been offered by us, we will not be able to assume the risk for the return package if the reasons are not attributable to Joyas Dina.

• Returns of defective products

In cases where you consider that the product, at the time of delivery, does not conform to the stipulations of the contract, you must contact us immediately through our contact channels, providing details of the product and the damage it has suffered, or by sending an email to atencion@joyasdina.com, where we will inform you how to proceed.

We will proceed to carefully examine the returned product and will notify you by e-mail within a reasonable period whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned due to a defect or flaw, when such genuinely exists, will be fully reimbursed to you, including delivery costs incurred to deliver the item and the costs you incurred to return it to us. The refund will be made by the same payment method that was used to pay for the purchase, or via bank transfer to the IBAN account you indicated.

The rights recognized by current legislation are always reserved.

1. WARRANTIES

If you are contracting as a consumer and user, we offer you warranties on the products we sell through this website, under the legally established terms for each type of product, thus being responsible for any lack of conformity that manifests itself within a period of two years from the delivery of the product.

Products are understood to conform to the contract if (i) they comply with our description and possess the qualities we have presented on this website, (ii) they are fit for the purposes for which products of the same type are ordinarily intended, and (iii) they exhibit the usual quality and performance of a product of the same type that can reasonably be expected. In this regard, if any of the products do not conform to the contract, you must notify us following the procedure detailed in section 14.5 above and through any of the communication channels provided for this purpose.

1. LIABILITY AND EXEMPTION FROM LIABILITY

Unless expressly stated 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.

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

1. loss of income or sales;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data; and
6. 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 expressly stated otherwise herein.

1. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark, and other industrial and intellectual property rights over materials or content provided as part of the website belong to us at all times or to those who granted us license for their use. You may use such material only in the manner expressly authorized by us or by those who granted us license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.

1. VIRUSES, PIRACY AND OTHER CYBER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or technologically harmful or damaging material. You shall not attempt to gain unauthorized access to this website, the server on which the site is hosted, or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by applicable regulations. We will report any breach of said regulations to the competent authorities and 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 harmful or damaging program or material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

1. LINKS FROM OUR WEBSITE

In the event that our website contains links to other third-party websites and materials, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.

1. WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send to you must be in writing. By using this website, you accept that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent 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 requirement of being in writing. This condition will not affect your legally recognized rights.

1. NOTIFICATIONS

Notifications you send to us should be sent to our email address atencion@joyasdina.com.

In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send you communications either to the email address or the postal address provided by you when placing an order.

Notifications shall be deemed to have been received and properly made at the very moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and was duly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as on our respective successors, assigns and heirs. You may not transmit, assign, charge or otherwise transfer a contract or any of the rights or obligations arising from it, without having obtained our prior written consent.

We may transmit, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations arising from it, at any time during its term. To avoid any doubt, such transmissions, assignments, charges or other transfers will not affect your rights, if any, as a consumer, recognized by law, nor will they annul, reduce or limit in any other way the guarantees, both express and implied, that we may have granted you.

1. EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay in fulfilling any of the assumed obligations when such failure or delay is due to events beyond our reasonable control ("Force Majeure Event").

Force Majeure Events will include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:

1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension of the deadline to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

1. WAIVER

Our failure to strictly require you to fulfill any of the obligations assumed by you under a contract or these Conditions, or our failure to exercise any rights or actions that may correspond to us under said contract or Conditions, shall not constitute a waiver or limitation in relation to such rights or actions, nor shall it exempt you from complying with such obligations.

No waiver by us of a specific right or action shall constitute a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall be effective, unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

1. PARTIAL NULLITY

If any of these Conditions or any provision of a contract are 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.

1. ENTIRE AGREEMENT

These Conditions and any document expressly referred to therein constitute the entire agreement between you and us in relation to the subject matter thereof and supersede any other prior agreement, arrangement or promise agreed between you and us verbally or in writing.

You and we acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both before it, except for what is expressly mentioned in these Conditions.

Neither you nor we will have recourse against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only recourse available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

1. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

1. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that you have as such under current legislation.

1. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can access them through our contact channels.

Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will make known to you and that will allow you to track them.

If you, as a consumer, consider that your rights have been violated, you can send us your complaints via the email address atencion@joyasdina.com in order to request an out-of-court dispute resolution.

In this regard, if the acquisition between you and us has been carried out online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us regarding consumer matters, accessible through the internet address http://ec.europa.eu/consumers/odr/.

Last updated: 13/11/2019

Model Withdrawal Form

(You should only complete and return this form if you wish to withdraw from the contract)

To Joyas Dina, located at Benigno Malo 10-32 and Gran Colombia, Cuenca, Ecuador, with RUC number 0152128849001 and email atencion@joyasdina.com.

I hereby notify you that I withdraw from my contract of sale for the following good:

Ordered on/received on (*):

Consumer's name: Consumer's address:

Consumer's signature (only if this form is submitted on paper)

Date: 22/10/2023

(*) Delete as appropriate