Legal Notice

GENERAL TERMS AND CONDITIONS OF SALE
www.behonestjewelry.com

1. GENERAL INFORMATION
The ownership of this website www.behonestjewelry.com (hereinafter Website) is held by: Pedro Santalla de Saa, with NIF: 44083072f, and whose contact details are:

Address: C/ Dels Nou Pins, N° 22 - Entresuelo 2°, C.P: 08016 Barcelona

Contact phone: 697404549

Contact email: routeofpain@hotmail.com

This document (as well as other documents mentioned herein) regulates the terms by which the use of this Website (www.behonestjewelry.com) and the purchase or acquisition of products and/or services on it are governed (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that BeHonest Jewelry develops through the Website comprises:

distribution of body piercing jewelry, exclusively for industry professionals

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including the cookie policy, and the privacy and data protection policy of BeHonest 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 Conditions and by all of the aforementioned, so if you do not agree with all of it, you should not use this Website.

Furthermore, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those in force at the time of requesting the acquisition of products and/or services will be applicable.

For any questions that the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER
Access, browsing, and use of the Website confer the condition of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), whereby all the Conditions established here, as well as their subsequent modifications, are accepted from the beginning of browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations as applicable.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Using this Website only to make legally valid inquiries and purchases or acquisitions.

Not making any false or fraudulent purchases. If reasonably considered that a purchase of this kind has been made, it could be canceled and the relevant authorities would be informed.

Providing truthful and lawful contact details, for example, email address, postal address, and/or other data (see Legal Notice and General Terms and Conditions of Use).

The User declares to be over 18 years old and have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. BeHonest Jewelry does not ensure that the Website complies with the legislation of other countries, either totally or partially. BeHonest Jewelry declines all responsibility that may arise from such access, as well as not ensuring shipments or provision of services outside of Spain.

The User may formalize, at their choice, with BeHonest Jewelry the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS
Properly registered Users can purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.behonestjewelry.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 "PLACE ORDER".

Additionally, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an email confirming that BeHonest Jewelry has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, they will be informed, likewise, via email when their purchase is being shipped. Where applicable, this information could also be made available to the User through their personal connection space on the Website.

Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space on the Website. Additionally, the User may, if desired, obtain a paper copy of their invoice by requesting it from BeHonest Jewelry using the contact spaces of the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions that concern the product and/or service in question and that are shown alongside the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, product details, or characteristics, the way in which they will be carried out and/or the cost of services; and acknowledges that the completion of the purchase order or acquisition materializes the full and complete acceptance of the specific sales conditions applicable to each case.

The communications, purchase orders, and payments involved during the transactions carried out on the Website could be archived and kept in the computerized records of BeHonest Jewelry in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly adhering to 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 Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

 

4. AVAILABILITY

All purchase orders received by BeHonest Jewelry through the Website are subject to product availability and/or to circumstances or force majeure causes (clause nine of these Conditions) affecting the supply of the products and/or the provision of services. If there are difficulties in supplying products or if products are out of stock, BeHonest Jewelry commits to contacting the User and refunding any amount that may have been paid. This will also 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 by legal requirement, especially regarding VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, BeHonest Jewelry performs delivery and/or shipping services through: Correos, MRW, GLS.

In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods are: Credit or debit card, and Bank transfer. BeHonest Jewelry uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards are subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, BeHonest 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 BeHonest 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 card will be charged at the time the User is sent the shipping confirmation and/or confirmation of the service being provided in the established form and, if applicable, place.

In any case, by clicking on "PLACE ORDER," the User confirms that the payment method used is theirs.

Purchase or acquisition orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be received by BeHonest Jewelry's payment system used for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure they enter the exact amount of the purchase order, as well as the account number and the transfer reference correctly. In case of error, BeHonest Jewelry will not be able to validate the order, which will be canceled.

6. RETURNS

In cases where the User purchases products on or through the owner's website, they are entitled to a series of rights, as listed and described below:

In the event of withdrawal, BeHonest Jewelry will reimburse the User for all payments received, including delivery costs (with the exception of additional costs resulting from the User choosing a delivery method other than the least expensive standard delivery offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which BeHonest Jewelry is informed of the User's decision to withdraw.

BeHonest Jewelry will make the reimbursement using the same means of payment used by the User for the initial transaction, unless expressly agreed otherwise. This refund will not incur any additional costs for the User. However, BeHonest Jewelry may withhold the refund until the goods have been received or until the User provides proof of return of the goods, whichever condition is met first.

The User can return or send the products to BeHonest Jewelry at:

C/ Dels Nou Pins, N° 22 - Entresuelo 2°, C.P: 08016 Barcelona

And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which BeHonest Jewelry was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods, if incurred. Additionally, they 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 that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as sealed at the factory; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery; supply of digital content without physical support.

In any case, no refund will be made if the product has been used beyond mere opening, if the products are not in the same condition in which they were delivered, or if they have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that accompany them, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link:

Return of Defective Products or Shipping Error

These are all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must immediately contact BeHonest Jewelry and inform them of the existing non-conformity (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined, and the User will be informed, within a reasonable period, whether a refund or, where appropriate, replacement of the product is due.

The refund or replacement of the product 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 due.

The amount paid for those products that are returned due to a defect, when there really is one, will be fully refunded, including delivery costs and any costs that the User may have incurred to return them. The refund will be made using the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be respected.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that they may acquire through this Website, in the legally established terms for each type of product, with BeHonest Jewelry being responsible for any lack of conformity that manifests within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract as long as they: comply with the description provided by BeHonest Jewelry and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with the products delivered to the User, they must proceed as indicated in the section on Return of Defective Products or Shipping Error. However, some of the products sold on the Website may have non-uniform characteristics as long as they derive from the type of material with which they are manufactured, and therefore they will be part of the individual appearance of the product, and will not be considered a defect.

7. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, BeHonest Jewelry shall not accept any liability for the following losses, regardless of their origin:

  • Any loss not attributable to any breach on its part;

  • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or

  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract for the products between both parties was formalized.

Likewise, BeHonest Jewelry also limits its liability in the following cases:

  1. BeHonest Jewelry applies all measures to provide a faithful display of the product on the Website; however, it is not responsible for the minimum differences or inaccuracies that may exist due to screen resolution issues or problems with the browser being used or others of this nature.

  2. BeHonest Jewelry will act with the utmost diligence to make the product available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially due to causes such as strikes, roadblocks, and in general any other events inherent to the sector that result in delays, losses, or theft of the product.

  3. Technical failures due to fortuitous causes or other circumstances that prevent the normal operation of the service via the internet. Unavailability of the Website for maintenance reasons or others that prevent the service from being available. BeHonest Jewelry makes every effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it disclaims responsibility for causes that are not attributable to it, force majeure, or fortuitous events.

  4. BeHonest Jewelry shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. Likewise, BeHonest Jewelry shall not be liable for an incorrect return made by the User. It is the responsibility of the User to return the correct product.

  5. In general, BeHonest Jewelry shall not be liable for any breach or delay in the fulfillment of any of the obligations assumed when it is due to events that are beyond its reasonable control, that is, due to force majeure, and it may include, by way of example but not limited to:

  • Strikes, lockouts, or other industrial actions.

  • Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, collapse, 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 networks.

  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.


Thus, the obligations will be suspended for the period during which the force majeure event continues, and BeHonest Jewelry will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure event. BeHonest Jewelry will employ all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

 

8. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with BeHonest Jewelry will be electronic (email or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that BeHonest Jewelry provides electronically comply with legal requirements to be in writing. This condition does not affect the User's rights recognized by law.

The User may send notifications and/or communicate with BeHonest Jewelry through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, BeHonest Jewelry may contact and/or notify the User at their email address or provided postal address.

9. INVALIDITY

If any of these Terms are declared null and void by a final resolution issued by a competent authority, the remaining clauses shall remain in force, unaffected by such declaration of nullity.

10. ENTIRE AGREEMENT

These Terms and any document referred to herein constitute the entire agreement between the User and BeHonest Jewelry in relation to the subject matter of the purchase and sale and supersede any other prior oral or written agreements, arrangements, or understandings between the same parties.

The User and BeHonest Jewelry acknowledge that they have consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms.

 

11. DATA PROTECTION

The personal information or data provided by the User to BeHonest Jewelry during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions 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 accurate.

 

12. APPLICABLE LAW AND JURISDICTION

Accessing, browsing, and/or using this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any dispute, issue, or disagreement arising from or related to access, browsing, and/or use of the Website, or to the interpretation and enforcement of these Terms, or to the sales contracts between BeHonest Jewelry and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

13. COMPLAINTS AND CLAIMS

The User may address BeHonest Jewelry with their complaints, claims, or any other comments they wish to make using the contact details provided at the beginning of these Terms (General Information).

Furthermore, BeHonest Jewelry provides official complaint forms available to consumers and users, which they can request from BeHonest Jewelry at any time using the contact details provided at the beginning of these Terms (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between BeHonest Jewelry and the User, the User as a consumer may request an out-of-court dispute resolution in accordance with Regulation (EU) 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 method through the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Sale document was created using the online template generator for general terms and conditions of sale on 24/05/2024.