PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
This version is dated january 2021.
1.- General conditions
2.- Purchase, price and payment
3.- Shipping policy
4.- Return policy
1. GENERAL CONDITIONS
In compliance with the duty of information provided in law 34/2002 on Services Of The Information Society And Electronic Commerce (LSSI-CE) of july 11, the following information is provided below:
The Website www.aiestankona.com (hereinafter, the "Website") is published by Ainhoa Estankona Aldekoaotalora, provided with NIF 30.661.547-V which operates as AI ESTANKONA (hereinafter "AINHOA")
CONTACT
For any question that a User might wish to ask concerning use of the Website and/or concerning these Terms of Use, and for any request that they might wish to make to AINHOA, all notifications and communications between User and AINHOA will be considered effective, for all purposes, when they are made through any of the means of contact detailed here: email: contact@aiestankona.com
1. OBJECT AND ACCEPTANCE
1. 1. This Legal Notice contains the Legal Terms And Conditions governing the Access, Browsing and Use of the www.aiestankona.com Website, owned by AINHOA ESTANKONA ALDEKOAOTALORA.
Access, Browsing and Use of the contents of this Website attributes the condition of User (hereinafter “User” or “Customer”) and implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice. Therefore, Access, Browsing and Use of this Website implies the unreserved acceptance of the following provisions by Users who agree to accept and commit to comply with all the Terms and Conditions contained in this statement as well as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.
1. 2. This Website, www.aiestankona.com, is an ecommerce Website. The display of the www.aiestankona.com Website provides Customers with information on the products offered together with the possibility of purchasing them.
Access, navigation and use of the Website to buy AINHOA products indicates that User agrees to apply and be subject to the AINHOA policy that regulates the relationship between AINHOA and Customer who has placed an order and purchased products through the online store of this Website in the following contexts:
a) agrees to be subject to the TERMS AND CONDITIONS OF ACCESS, NAVIGATION AND USE of this Website,
b) agrees to be subject to the TERMS AND CONDITIONS OF SALE that govern the sale of AINHOA brand products, between AINHOA and any Customer who wishes to place an order and buy AINHOA products through the online store of this Website.
c) agrees to be subject to the EXCHANGE/RETURN POLICY that regulates the exchange/return of any AINHOA brand product that has been purchased by Customer through the online store of this Website.
d) agrees to be subject to the DATA practices described in this statement and AINHOA's PRIVACY POLICY (privacy policy)
e) agrees to be bound by any new information that may be added to this Website.
1.3. AINHOA reserves the RIGHT TO MODIFY/RECTIFY theTerms and Conditions of this legal note, by updating them, whenever it deems it appropriate, without prior notice obligation. The modifications will be implemented immediately, so User should regularly revisit this page to ensure to be informed about the latest version.
In case of an ongoing business relationship, the current version of the Conditions forms part of the agreement between AINHOA and Customer regardless of the lack of a specific reference to the conditions.
1.4. The Website and its services are free and open access, However, AINHOA reserves the right to condition the use of some of the services offered on its Website upon prior completion of the corresponding form.
1.5. AINHOA reserves the right to ask Users who do not accept or do not intend to comply with these terms, to refrain from using the www.aiestankona.com Website.
1.6. Access to the Website and related services is intended and reserved exclusively for an END CONSUMER, for personal use only. Individuals and companies can place orders to buy AINHOA products that are not intended for resale. The resale or distribution of AINHOA goods acquired through the Website www.aiestankona.com is strictly prohibited.
1.7. PERSONAL DATA OF MINORS: Only persons over 14 years of age may consent to the processing of their Personal Data in a lawful manner. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing.
This is established in articles 8 of the RGPD and 13 of the RDLOPD.
AINHOA does not knowingly collect personally identifiable information from children under the age of fourteen.
2. RESERVATION OF OWNERSHIP: RETENTION OF TITTLE
2 .1. Ownership to and right of disposal of the products does not pass to Customer until has been fulfilled all his contractual obligations towards AINHOA, hereunder payment of the entire purchase price for the product.
Therefore, until full payment for the product ordered has been received, the product that Customer has requested on the Website are subject to a reservation of ownership in favor of AINHOA and will remain the property of AINHOA.
2 .2. In the event of a payment incident, Customer is obliged to return the delivered products immediately and at the first request from AINHOA.
2 .3. The retention of title in this clauseshall does not affect the passing of risk according to clauses of Shipping and Delivery Policy of AINHOA.
3. INTELLECTUAL PROPERTY
3.1. AINHOA shall have unrestricted title to Intellectual Property Rights and Know-How related to the Products and any Documentation, Illustration or Drawings provided to the Purchaser in conjunction with an offer or delivery of any Products.
Any documentation or drawings provided by AINHOA to Customer shall not be used for any other purpose than that for which they were provided and may not without the prior written consent of AINHOA otherwise be used or copied, reproduced, transmitted or communicated to third parties. Any documentation, illustrations, drawings, specifications, measurements or similar data provided by AINHOA according to an offer or a contract shall constitute mere normal guidelines except where otherwise specifically stated by AINHOA.
3.2. AINHOA is the controller and the owner of the Website's domain.
AINHOA has the necessary Exploitation and Intellectual Property Rights to the software.
3.3. AINHOA is the owner of all Copyright, Intellectual and Industrial Property, “Know How” and any other rights related to the contents of this Website.
The Website www.aiestankona.com and all its contents are the property of AINHOA. This includes the services offered therein, as well as of the programs necessary for their implementation and related information: documentation, images, fonts, design, music, software, codes and format scripts. AINHOA is solely entitled to use the content.
CONSTITUTES CONTENT: The Website as a whole and the various elements contained in the Website making it up (such as the domain name, text, animations, photographs, videos, illustrations, diagrams, graphics, logos and other visual or audio content as well as its underlying structure and software code. It is protected under the provisions of Laws Of Copyright, Trade Marks And Other Laws That Protect Intellectual Property Rights.
3.4. It is strictly prohibited without express prior written authorization provided by AINHOA (which may be withheld at AINHOA`S sole discretion): a) any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, of all or part of the Content of this Website; b) to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Content included in the Website; c) to copy, publish, link to, display, modify or otherwise use any trade marks, models, software, databases, interpretations and images of any individuals appearing on this Website.
3.5. Access and browsing by User under no circumstances will be deemed to constitute a waiver, transfer, licence or total or partial granting of any rights by AINHOA.
User or a third party is requested to immediately notify AINHOA through the contact details mentioned above if they consider that any of the Contents of the Website constitutes a violation of the rights of Protection of Intellectual Property.
4. DISCLAIMER / EXCLUSION OF GUARANTEES
4.1. The Website is domiciled in Spain and therefore complies with Spanish and European legislation.
AINHOA does not guarantee the compliance of this Website with the laws of third countries/laws established in the jurisdiction of User's country of residence; therefore AINHOA does not assume any responsibility that may arise from such access. User who resides or is domiciled in another country and decides to access and/or navigate this Website, will do so under his own responsibility.
4.2. AINHOA guarantees that this Website is protected in accordance with the international standards provided for the Internet. If used correctly, User is protected against the risk of viruses.
4.3. AINHOA reserves the right to make corrections and changes to the Website when it deems it necessary without prior notice.
4.4. Disclaimer on Information on the Website. AINHOA declines any responsibility for:
4.4.1. errors or omissions in the information on the Website. Even though AINHOA makes every effort to include accurate, up-to-date and truthful information on the Website, it does not offer express and/or implicit guarantees regarding its accuracy or suitability (including guarantees that any information is fit for its purpose or that the information is free of errors or computer viruses).
4.4.2. regarding the information that is outside this Website and is not managed directly by its webmaster (such as links or hyperlinks).
4.5. Disclaimer on Website browsing. In no event will AINHOA be liable and excludes any responsability for:
4.5.1. any infringement, loss or damage of any kind from accessing, browsing and using the Website, including but not limited to PC problems, loss of data, loss of profits, loss of business opportunities, interruption business or indirect-special- incidental- punitive´-exemplary or consequential damages of any kind, which result from user's use of information on the Website, user's use of any information obtained from other Websites. Please note that the information on the Website may be modified or deleted without prior notice.
4.5.2. the inability to access the Website.
4.5.3. any malfunction related to the deactivation of cookies in the User's browser.
4.5.4. damages that may be caused to User by improper use of this Website. In particular, AINHOA is not responsable, in any way, for falls, interruptions, lack or defect of telecommunications that may occur.
5. USER. LEGAL DUTIES.
5.1. The use and navigation of the Website attributes the condition of User. User accepts, from the beginning of browsing the Website, all the conditions established in its legal notifications.
5.2. User assumes the responsibility of making proper use of the contents and services of this Website in accordance with the laws, good faith, public order, the uses of traffic and this Legal Notice. User will respond to AINHOA or against third parties, for any damages that may be caused as a result of breach of this obligation.
5.3. User assumes responsibility for the VERACITY AND LEGALITY OF THE INFORMATION PROVIDED when fill in the form for access to certain Content or Services offered by the Website.
In order to proceed with the immediate cancellation/repair, User is asked to report any fact (for example, theft, loss, unauthorized access to indicators / passwords) that leads to the improper use of the information recorded in such forms.
5.4. User may not delete, alter, or manipulate any protection device or security system installed on the Website.
5.5. User will not (such as in the following non-exhaustive hypotheses): a) disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defense of terrorism or, in general, contrary to the law or public order; b) Introduce computer viruses into the network or performing actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of AINHOA or third parties, as well as obstructing the access of other users to the Website and its services through the massive consumption of computer resources through which AINHOA provides its services; c) Attempt to access the email accounts of other Users or restricted areas of the computer systems of AINHOA or third parties and, where appropriate, extract information as well as violate the confidentiality of the information of AINHOA or third parties; D) Violate intellectual or industrial property rights; e) Impersonate another user; f) reproduce, copy, distribute, make available or in any other way publicly Communicate, transform or modify the contents, unless User have the authorization of the owner of the corresponding rights or it is legally permitted; g) Collect data for advertising purposes for sale or other commercial purposes without consent.
6. LEGAL GUARANTEE.
6.1. The guarantor of legal guarantees is AINHOA ESTANCONA ALDECOA-OTALORA.
6.2. The goods are in conformity with the contract: 1) if they are fit for the use usually expected; 2) if it corresponds to the description and the qualities given by the seller.
6.3. Customer benefits from the next legal guarantees,
6.2.1. Legal Guarantee Of Conformity - for any damage that is due to any defect in material, workmanship or manufacturing.
6.2.2.Guarantee Against Hidden Defects, which 1) renders it unfit for the use it is intended for, 2) so diminish this use, that Customer would not have acquired it, or would have paid a lower price for it.
Customer has a period of two (2) years from the delivery of the product, to assert the legal guarantee. Customer could choose: to repair the product (reparations), to replace the product or cancelling the sale.
6.4. The guarantee applies independently of AINHOA commercial guarantee regarding the withdrawal of Customer’s purchase (Return Policy).
7. FORCE MAJEURE.
7.1. The obligations of either party in relation to a sale by AINHOA shall be suspended to the extent that such performance is impeded or made unreasonably onerous by an occurrence beyond the control of the party affected, provided that such party could not reasonably have foreseen such occurrence at the time of entering into the contract and could not reasonably have avoided or overcome it or its consequences (Force Majeure).
Force Majeure includes, but is not limited to, industrial disputes, fire, extreme weather, pandemics, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance referred to above whether occurring prior to or after the formation of the contract.
7.2. The party that claims being in a Force Majeure situation shall notify the other party in writing without delay when the circumstance starts and when it ends. If Force Majeure prevents the Customer from fulfilling his obligations, he shall compensate AINHOA for expenses incurred in securing and protecting the Products.
7.3. Regardless of what might otherwise follow from these Conditions, either party shall be entitled to terminate the contract by notice in writing to the other party if performance of the contract is suspended due to Force Majeure for more than three months.
8. MEDIATION - APPLICABLE LAW/CHOICE OF COURT.
8.1. AINHOA shall pursue lack of compliance with current conditions as well as any undue use of its Websites by means of all manner of civil and penal actions that may be applicable under the Law.
Any and all attempts at credit card fraud or other means of payment or any fraud in any manner directed towards AINHOA will be diligently tracked and prosecuted to the fullest extent of the law.
The fact that Customer is not required, immediately, to comply with these Terms and Conditions, or if - as a consequence of any breach of the obligations stipulated herein - it delays in taking measures or actions against Customer, does not mean that AINHOA authorizes the sanctionable actions of Customer and will not prevent AINHOA from asserting legal rights and remedies against the User.
8.2. In the event of any dispute, Customer first agrees to take prior written action with AINHOA to try to resolve the dispute.
8.3. MEDIATION: if the above amicable settlement of the dispute does not succeed, both parts may agree to refer the matter to the Mediation Department that at European level, the European Commission offers a platform for alternative dispute resolution, available at http://ec.europa.eu/odr.
8.4. APPLICABLE LAW AND CHOICE OF COURT:
8. 4. 1. Place of performance in respect of delivery of the products and Customer’s payment of AINHOA’s invoice shall be the registered office of AINHOA in Spain,
If mediation is unsuccessful, any matter arising out of or in connection with these Terms and Conditions and from Sales concluded on the Website shall be subject to Spanish law. The Spanish courts will have exclusive jurisdiction over any claim or matter arising out of or in connection with these Terms.
8. 4. 2. AINHOA may, however, at its sole discretion institute legal proceedings against Customer at any other applicable legal venue.
Nothing in these Terms and Conditions shall affect user’s legal rights and remedies.
8. 4. 3. Additional agreements, provisions, amendments and supplements to these Conditions shall not be valid unless made in writing and signed by both parties.
9. CERTIFICATE OF AUTHENTICITY
All AINHOA products purchased through this Website are accompanied by their own Certificate of Authenticity that will be delivered together with the product.
2. PURCHASE, PRICE AND PAYMENT.
2.1. GENERAL TERMS AND CONDITIONS OF SALE
AINHOA may update these Conditions of Sale when necessary, without prior notification. The customer must consult the latest updated version of the Conditions of Sale each time he visits this Website by clicking on the link.
To place any order through the AINHOA Online Store, it will be necessary for the Customer to accept the Conditions of Sale in force at the time of placing the Order.
2.2. RESERVATION OF OWNERSHIP
2.2.1. Ownership to and right of disposal of the product does not pass to Customer until has been fulfilled all his contractual obligations towards AINHOA, hereunder payment of the entire purchase price for the Products.
Therefore, until full payment for the products ordered has been received, the products that Customer has requested on the Website are subject to a reservation of ownership in favor of AINHOA and will remain the property of AINHOA.
2.2.2. In the event of a payment incident, Customer is obliged to return the delivered products immediately and at the first request from AINHOA.
2.2.3. The retention of title in this clauseshall does not affect the passing of risk according to clauses of Shipping and Delivery Policy of AINHOA.
2. 3. REQUIREMENTS TO BE A USER
2.3.1. It is strictly PROHIBITED THE RESALE OR DISTRIBUTION of AINHOA goods acquired through the Web Site www.aiestankona.com.
2.3.2. Access to and use of the services offered on the Web Site are intended for and reserved exclusively for an end-Consumer, for personal use only. Individuals and companies may place orders to purchase AINHOA products for personal use without any intention of resale or any commercial use.
By placing an order User represents and warrants that is bona fide End-User Customer and will not deliver, sell or otherwise distribute AINHOA products or purchase AINHOA products for commercial purpose or any other commercial benefit.
Individuals and companies can place orders to buy AINHOA products that are not intended for resale. The resale or distribution of AINHOA goods acquired through this Website is strictly prohibited.
AINHOA therefore invites Customers who are not attributable to the category of end-Consumers to refrain, both from trying to establish business relationships with AINHOA, and from placing purchase orders for goods for sale through third parties.
In consideration of the commercial policy described above, if AINHOA believes for legitimate grounds, that an order would violate these terms, AINHOA reserves the right not to process or may refuse orders for goods whose use is not intended for the end-Consumer or orders that do not comply with the commercial policies described above.
2.3.3. Customer must be: A) at least 18 years old; B) must have the necessary requirements to be able to enter into legally binding contracts; C) must have a valid email address; D) must have a bank account, a valid credit card for payment; E) must be End-Consumer.
2. 4. AINHOA PRODUCTS AND SERVICES
2. 4. 1. All the pieces of fine jewellery offered for sale on this Website are unique, exclusive and are designed and handcrafted by AINHOA herself.
AINHOA designs and creates pieces of fine jewelry by herself, and on occasions she relies on the collaboration of local expert goldsmiths and artisans.
AINHOA creations are made in Bilbao, applying traditional and contemporary goldsmithing techniques.
2. 4. 2. The products and services offered by AINHOA in the online store of this Website are:
(a) Fine Jewellery Creations, from the serie CREATIONS, where pieces, kept in stock, may be purchased if they are available.
(b) Fine Jewellery Creations, where the piece is made to order based on a pre-existing design. This jewellery is a customised product and AINHOA does not accept returns.
(c) Bespoke Jewellery where AINHOA designs to Customer’s specification. In order to satisfy a particular desire of Customer, and following its specifications, AINHOA designs a customised jewel, crafted especially for Customer.
Generally, the inspiration for these jewellery designs comes from the evocation of the person for whom the jewellery is intended.Consequently, this involves having an interview with the Client.
This jewellery is a customised Product and AINHOA does not accept returns.
(d) AINHOA can design and manufacture a product for stone(s) owned by the Customer. During the design and fabrication process AINHOA may store Customer's stone(s). Dependent on the value of the stone this may incur additional costs, which will be made clear to Customer at the time.
While Customer’s stone is under AINHOA's care is taken full responsibility for it.
If any stone AINHOA is entrusted is lost, stolen or damaged AINHOA is only able to propose a replacement stone, which AINHOA will source. AINHOA cannot offer Customer replacement cash.
2. 4. 3. AINHOA makes every effort to ensure that the essential characteristics of the AINHOA products available on the Website are described and photographed as accurately as possible, particularly with regard to the color, design and style of each product.
2. 4. 4. AINHOA cannot be held responsible for these variations, errors or inaccuracies, in the event of slight variations that may occur for technical or other reasons, between the product photographed or graphically represented on the Website and the delivered product.
2. 5. ORDERS
2. 5. 1. All orders are subject to WRITTEN ACCEPTANCE by AINHOA.
2. 5. 2. Customer selects and purchases products entirely at its own risk. It is Customer’s responsibility to check that the information displayed in the basket accurately reflects your selection before confirming your order.
2. 5. 3. When User places an order, User provides AINHOA with Personal Data that will be collected in order to process them electronically. For more information on this subject, AINHOA invites to consult AINHOA’s Data Processing Policy, which you can read here.
2. 5. 4. Customer may exercise the right to withdraw from the contract in compliance with the conditions described in the Returns Policy section. Orders can be changed or cancelled. Please click on Return Policy click to know everything.
2. 5. 5. AINHOA does accept orders placed by email or made by telephone.
AINHOA reserves the right to require oral confirmation of orders. If AINHOA requests oral confirmation of an order, Customer will have to give confirmation by telephone and confirmation by email will not be sufficient.
2.5.6. AINHOA shall without undue delay confirm the order by a written ORDER CONFIRMATION for products available. Orders for products that will require modifications or any other changes to its current specifications will be confirmed according to the estimated time required to fulfil the Customer’s request.
2.5.7. AINHOA’S RESERVATION OF RIGHTS ON ORDERS:
A) AINHOA reserves the RIGHT TO CANCEL AN ORDER even if it has already been confirmed, returning the full amount paid by Customer, this being the sole responsibility of AINHOA for the cancellation of the Order.
B) AINHOA reserves THE RIGHT TO REJECT AN ORDER for any reason whatsoever, such as in the following non-exhaustive hypotheses: (a) if one of Customer’s previous orders has been the subject of a dispute with AINHOA; (b) if AINHOA has reasonable grounds to consider that Customer 1) has violated these Terms and Conditions of Sale: 2) has not paid for products; 3) is engaged in fraudulent or grey market activities (resale of products through a channel not authorized by AINHOA); 4) If there has been a relevant pricing error or product description error or 5) Customer refuses to provide any information that AINHOA is required to collect by law; or if AINHOA (c) believes that cancellation is necessary to comply with the law; or (d) has the right to cancel an order under these Terms and Conditions of Sale. Any prepayment will be refunded in the event of cancellation of the order by AINHOA.
C) AINHOA reserves the RIGHT TO REFUSE TO EXECUTE THE ORDER in case of conflict with the Customer, and this, until the resolution of the controversy. In such cases, the Customer will be informed by email of the cancellation of his order and the Customer will be refunded of the amounts that had been paid prior to the cancellation of his order by AINHOA.
2.5.8. AINHOA shall keep for its own records evidence of all transactions between AINHOA and its Customers. Download and archive for your own records these General Terms and Conditions and the Order Confirmation. In the event of a dispute between AINHOA and one Customer relating to a transaction carried out on the Website, the data recorded by AINHOA shall be treated as proof of the details of the transaction.
2.6. ORDER CONFIRMATION
2.6.1. All products are SUBJECT TO AVAILABILITY.
AINHOA pieces are one of a kind and occasionally a piece has sold before it has been taken off the Website. AINHOA regrets this inconvenience and will do her best to find a substitute if at all possible.
In the event that the ordered pieces are not available, or if for some reason the order cannot be processed as requested by the Customer, AINHOA will promptly notify the Customer and give a list of possible substitutes for your perusal
2.6.2. All orders placed by the customer are subject to written acceptance by AINHOA.
When Customer places the order, it will be sent to AINHOA for processing and Customer will receive an email containing the main details of the order. Please note: clicking on the button "finish shopping" and the subsequent email, does not mean that the order has been accepted and the purchase is complete. At this point Customer’s order only constitutes an offer to purchase a product.
2.6.3. The contract shall be concluded and will be binding only when AINHOA sends Customer a confirmation email, by means of an “ORDER CONFIRMATION” email, and only in respect of the products which AINHOA has confirmed in it.
2.6.4. The ORDER CONFIRMATION email will confirm that the Product has been shipped and will contain the corresponding tracking number.
2.6.5. You may cancel your order at any time before the ORDER CONFIRMATION is sent.
2.6.6. Should the ORDER CONFIRMATION NOT BE IN COMPLIANCE WITH THE CUSTOMER'S ORDER, Customer must notify AINHOA in writing within 2 days of receipt of the order confirmation. If Customer fails to provide such notification of non-compliance, Customer loses the right to invoke the non-compliance. In the event Customer notifies AINHOA of such non-compliance, AINHOA shall, without undue delay send Customer a new and correct Order Confirmation.
2.6.7. If the order is rejected and Customer’s card or account has been debited, AINHOA will refund the entire amount.
2.7. AVAILABILITY
2.7.1. AINHOA reserves the right to withdraw any product from this Website/to modify the range of products offered on the Website at any time and without prior notice, as well as remove or modify any material or content on it.
2.7.2. AINHOA will not be held responsible if a product is out of stock or unavailable for any reason.
In the event that a product Customer have ordered becomes unavailable after “ORDER CONFIRMATION”, Customer will be informed by telephone or e-mail as soon as possible. Customer will be given the opportunity to choose another product or to cancel the order.
If the order consists of more than one product, Customer will be informed by telephone or email, of the part of the order that remains available and help to choose between cancelling the entire order or changing it. If still wishes to go on with the order, Customer will be charged for the part of the order that is available. If Customer chooses to replace the unavailable product, the new product will be treated as a separate new order.
2.8. PRE-ORDERS
2.8.1. Customers can book and purchase jewellery pieces, whose arrival is scheduled for the following months. Such purchases are called Pre-Orders.
The Pre-Orders are paid by bank transfer: the invoice is issued on the day the amount arrives in the AINHOA account.
2.8.2. Pre-orders will follow the same process and the same conditions as those applicable to normal orders.
2.8.3. Due to production constraints, AINHOA may cancel a Pre-Order, in whole or in part. AINHOA will inform Customer without delay. The total ammount of the advance payments will be reimbursed using the same method originally used to pay for the purchase.
2.8.4. Once the Pre-Ordered product is ready to be shipped, AINHOA will proceed to send Customer an “Order Confirmation”.
2.8.5. Customers may receive information on the status of their order by writing to the address contact@aiestankona.com
2.8.6. The country of the shipping address included in the Pre-Orders cannot be modified in any way.
2.9. PRICES AND PAYMENTS
2.9.1. The sale operations will be understood to be carried out in Spain. Therefore the purchasing system is subject to current Spanish legislation.
2.9.2. The prices of AINHOA products are indicated in euros (EUR).
2.9.3. For orders placed WITHIN THE EUROPEAN UNION, prices shall include the applicable VAT or tax according to current legislation,
For orders from OUTSIDE THE EUROPEAN UNION, EU VAT will not be applied. Taxes and/or duties payable in the country of destination are the responsibility of the Customer and shall be borne by Customer.
2.9.4. AINHOA reserves the RIGHT TO MODIFY THE PRICE of the products offered on the Website at any time and without notice.
AINHOA reserves the RIGHT TO ADJUST THE PRICES for orders when significant events occur that will lead to abrupt increases of materials and components or unfavorable developments in the currency situation. Such price adjustments will be made in writing to the Customer stating the cause of the adjustment. If the price adjustment passed on from AINHOA leads to a price increase of more than 10% of the ordered goods, Customer shall have the right to cancel the relevant order(s).
2.9.5. The price to be invoiced to the Customer is that which appears on the Website at the time of confirmation of the order by the Customer.
Customer shall pay AINHOA’s invoice according to the terms of payment stated in the AINHOA’s sales invoice, order confirmation or as otherwise agreed. Customer has no right to make deductions in the invoice or to exercise any right of retention, counterclaims or set offs against the invoice.
2.9.6. PRICING ERROR. In rare cases, the price of an item or the price quote received for a product may had been communicated incorrectly. AINHOA will aim to rectify any such error as quickly as possible and will notify Customer of the correct price as soon as notices the error. AINHOA IS UNDER NO OBLIGATION TO PROVIDE THE PRODUCT AT THE INCORRECT PRICE, EVEN AFTER AN “ORDER CONFIRMATION” HAS BEEN SENT.
2.9.7. The costs that User incurs when using remote connection means when placing an order on the Website (cost of internet access, telephone charges) remain at User expense.
2.10. FORM OF PAYMENT: BANK TRANSFER
2.10.1. AINHOA only accept payment via direct bank transfer, the details of which will be clearly communicated at the time of concluding the sale.
2.10.2. When submitting the order, Customer warrants that all the details that have been provided are valid and accurate at the time, and that when the order is accepted by AINHOA, payment will be made in full.
"BANK WIRE TRANSFER" payment method: The Customer automatically sends an order request through www.aiestankona.com This order request is confirmed by an "Order Confirmation" email sent by containing the bank details where the money should be transferred. Subsequently, the product is set aside pending the arrival of the transfer to the AINHOA account.
Customer is required to make the bank transfer of the payment within 48 hours of receiving the “Order Confirmation” email. If within this period AINHOA does not receive the payment, the order will be canceled.
The order will be shipped to Customer only when the bank transfer reaches the AINHOA bank account.
2.11. PAYMENT: PROTECTION OF DATA and PRIVACY POLICY
2.11.1. PROTECTION OF DATA
AINHOA protects the Personal Data being transferred with a secure SSL connection (Secure Sockets Layer). SSL is a security technology that guarantees that Data are securely transferred over the Internet.
The Personal Data are encrypted such that they are readable only by the recipient (i.e., Schirm Oertel). Applied encryption protocol: SSL; key length: RSA 2048/256 bit.
These are the encrypted Data: 1) Personal Data (address, telephone number, etc.); 2) Method of payment (credit card or account information); 3) Order information (product details).
2.11.2. PRIVACY POLICY
Any User of this Website will have the possibility to register and open an account to be considered a Customer. The purpose is to process Customer's order and facilitate the purchase in the easiest and fastest way: on a future occasion, if any Customer is interested in purchasing an AINHOA product, its Data will alredy be stored in the database.
All AINHOA’s systems are insured against damage and loss, illegal access, manipulation and proliferation of Personal Data by unauthorized persons. However, Customer must always treat the Data confidentially and close the Internet browser window after completing the purchase with AINHOA, especially if the PC is being shared with other people.
AINHOA strive to take appropriate security measures to protect against unauthorized access to or alteration of Customer's personal information. Unfortunately, No Data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while AINHOA strives to protect Customer's Personal Information, Customer acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond AINHOA’s control; and (b) security, integrity, and privacy of any and all information and data exchanged between Customer and AINHOA through this Website cannot be guaranteed.
All Personal Data received will be dealt with in accordance with Regulation (EU) 2016/679 of 27 April 2016, The Organic Law of Personal Data Protection 15/99 of 13 December, and with the other current spanish regulations.
To know everything about AINHOA's Data Protection Policy, please click.
2.12. REPAIRS
For any request for repairs, please contact AINHOA:
By sending an e-mail to: contact@aiestankona.com
3. SHIPPING AND DELIVERY POLICY
WITHIN THE EUROPEAN UNION, SHIPMENTS ARE FREE OF CHARGE to the Customer, at AINHOA's expense.
Outside the European Union and the rest of the world. Shipments are subject to import customs duties and fees. The recipient of the shipment will be the importer and is responsible for all assigned import duties and fees or additional delivery costs to be paid.
3.1. ORDER SHIPPING
3.1.1. AINHOA will agree with Customer the most suitable delivery methods for AINHOA products. During the process of placing the order, AINHOA will inform Customer of the delivery time.
Although AINHOA cannot guarantee a delivery time, an estimated delivery date will be given when Customer places the order:
a) Products will generally be delivered within 20-30 working days from the date of ORDER CONFIRMATION.
b) All orders placed on this Website will be delivered by AINHOA to Customer free of shipping costs (do not include import taxes, which will be paid in cash upon arrival at the destination, by the recipient of the products).
In all cases AINHOA reserves the right to postpone the shipment if events with FORCE MAJEURE or unforeseen circumstances beyond the control of AINHOA occur.
3.1.2. AINHOA reserves the right to divide the products ordered into several packages and/or shipments. Should AINHOA be in a situation where he is not able to fulfil delivery of all products in one order, AINHOA shall be entitled to perform partial delivery of the order, provided that Customer is notified in advance of the partial delivery.
3.1.3. Once the order is processed, Customer will be accurately informed via e-mail on the name of the courier and on their tracking number.
Customer can track the shipment on the courier's Website using the waybill number (tracking number) that is emailed once the order has been dispatched. Please note that the delivery note number will be sent to the email address used for the purchase.
3.2. SHIPPING INSURANCE
AINHOA products shipments are insured free of charge against theft and accidental damage.
When the product for which AINHOA had been obliged is delivered to the address established by Customer in the order, AINHOA shall have fulfilled its delivery obligation and the insurance shall cease to be valid.
Likewise, in the event that Customer refuses to receive the order without just cause, the insurance shall cease to be valid and Customer shall be liable for any damage or loss caused to the products.
3.3. ORDER DELIVERY DATE (entrega del pedido) AND PLACE OF DELIVERY
4.3.1. AINHOA shall deliver the order on the agreed delivery date and at the delivery address established in the order by the Customer. The delivered product will be Customer’s responsibility from the moment AINHOA delivers it to the address indicated by Customer when placing the order or when Customer or Customer’s agent collect it from AINHOA.
A signature will be required upon delivery.
In order to protect each party, AINHOA reserves the right to request and require proof of identification before shipping/before delivery.
3.3.2. DATES AND TIMES GIVEN FOR DELIVERY ARE ESTIMATED only and AINHOA shall not be liable for any delay in delivery.
3.3.3. If a delivery is delayed due to circumstances for which AINHOA is liable, AINHOA'S good faith will prevail and notwithstanding anything to the contrary in law, AINHOA and Customer agree that no damages for delay shall become due and payable by AINHOA to Customer.
If delivery is delayed due to circumstances for which Customer is liable or which is due to Force Majeure a new delivery date may be agreed to conditional on AINHOA’s acceptance.
3.3.4. AINHOA’s compliance with the delivery date is conditional upon Customer’s fulfilment of his own contractual obligations, including but not limited to AINHOA’s punctual receipt from Customer of specifications, documentation, permissions and advance payments (if applicable). If Customer fails such fulfilment then the delivery date shall be extended accordingly.
3.3.5. Post office boxes and mailboxes cannot be used for the delivery of AINHOA products.
3.3.6. AINHOA reserves the right to request new Customers to ship the products to the billing address.
3.3.7. If a hotel address is specified as the delivery address for Customer’s order:
- The delivery can only be made to the person specified in the order as the person authorized to receive it. The product cannot be delivered to the hotel reception desk under any circumstances.
- In order to confirm receipt of the package within a hotel, the delivery note must be signed at the time of delivery, and the package must be delivered by/to a person of legal age, who is at least 18 years old.
- If the person authorized to collect the order is not found at the time of delivery of the order, the order will be returned to AINHOA. In this case, the Customer will be charged all shipping and insurance costs incurred by AINHOA in addition to compensation -corresponding to 6% of the total price of the order- for the damages incurred.
3.4. ACCEPTANCE OF DELIVERY
3.4.1. All Customers who place an order establish a commercial relationship with AINHOA and therefore undertake to accept the delivery of the package.
3.4.2. The risk for the products shall pass to the Customer at the time of delivery.
3.4.3. If Customer anticipates that Customer will be unable to take delivery of the product at the agreed date of delivery, Customer shall forthwith notify AINHOA in writing thereof, stating the reasons and, if possible, the time when he will be able to take delivery.
3.4.4. In the event that Customer does not collect the product at the agreed date of delivery, AINHOA shall arrange for storage of the product at the risk and expense of Customer. Customer shall be liable for any costs arising from such delay, including AINHOA’s costs relating to storage, insurance and handling of the product. If not otherwise agreed the costs for storage shall be 0.5 % of full invoice value of the purchase order, per day.
AINHOA shall be entitled to resell the products ordered by the Customer in the event that Customer does not collect it within 1 week of the delivery date.
3.4.5. If for any reason the Customer refuses delivery of the shipment or requests the return from the sender of any shipping costs, charged to AINHOA, it will be deducted from any refund due to the Customer.
3.4.6. The Customer acknowledges that any person receiving the delivery of the products at the address given in Customer’s order is deemed to have done so with Customer’s authorization.
3.5. DELIVERY PROBLEMS
3.5.1. Any failure to or any DISCREPANCY between the products ordered and those delivered must be reported as soon as possible to AINHOA, by e-mail sent to contact@aiestankona.com
3.5.2. In the event that the order has suffered DAMAGE during shipping, Customer is kindly asked to contact AINHOA at the email address contact@aiestankona.com within 2 days from the delivery date. Please save all packaging, goods and invoices in order to let AINHOA verify the damage and process the claim. AINHOA will contact you to define the procedure.
In case of damage during shipping or in case of defective product the Customer can choose between the following options:
a) Refund of the money paid by the Customer.
b) Replace it with a similar piece of equal or greater value. This option is subject to the unilateral acceptance of AINHOA.
It should be noted that the jewel will be similar, not the same.
The jewellery pieces that AINHOA produces are one-of-a-kind and irreplaceable: AINHOA herself creates and manufactures them manually, one by one. It is due to this complexity that the piece is impossible to reproduce.
However, in some cases, it is feasible to make a piece that can evoke the original piece.
In case this option is chosen by both parties, AINHOA guarantees that the new creation will contain the same weight in gold and, in the case of setting stones, they will be of the same quality and carats, unless the parties agree otherwise.
The replacement of the good will take place within 60 days from the customer warning and only after receiving the damaged item from the customer.
c) Exchange it for another piece from the collection of equal or higher price.
The exchange of the good will take place within 30 days from the Customer warning and only after receiving the damaged item from the customer at the above mentioned address.
To know if the return is at the Customer's expense, please check our Return Policy.
4. RETURN AND EXCHANGE POLICY ONLINE STORE
AINHOA ACCEPTS RETURNS/EXCHANGE ONLY FOR PRODUCTS SOLD IN EUROPEAN UNION MEMBER STATES. ALL INTERNATIONAL ORDERS ARE FINAL SALE.
4.1. RETURN AND EXCHANGE
4.1.1. AINHOA offers its Customers the option of returning/exchanging AINHOA products from the CREATIONS series, without reason,
EXCEPTION:
a) Pierced earrings.
b) Piece which has been personalized and/or altered in any way at the customer's request, including sizing (such as engraving or embossing);
c) Piece which shows signs of wear, damage, scratches or alterations, missing stones or any other element that is part of the piece, missing spare parts of the items or whose security label, if any, has been removed, will not be accepted for return or exchange. Therefore the refund of the purchased item shall not be paid.
4.1.2. AINHOA DOES NOT ACCEPT RETURNS/EXCHANGES in the following cases:
a) All international orders are final sale.
b) Pieces of fine Jewellery, which are made to order/bespoke.
4.1.3. The Customer will be entitled to make a single exchange.
4.1.4. Returns or exchanges must be requested and sent back within 72 hours of from the receipt of the order indicated on the carrier's receipt signed by the Customer. There will be no exceptions. Absolutely, positively no returns or exchanges after 72 hours of from the receipt for any reason.
4.1.5. Pieces, from series CREATIONS, are returnable provided the jewelry pieces are returned in a new and unused condition.
4.1.6. All returns and exchanges are subject to a quality control process before being accepted. AINHOA reserves the right to refuse a return if a piece is determined damaged.
Both products and packaging must be intact and in original condition. All returns and exchanges must be accompanied by all documents received from AINHOA, the original invoice, and returned inside their original jewel case.
4.1.7. Once AINHOA receives the package, it may take a few days to process the return.
When the conditions established above are fulfilled, the product has been received, verified and processed according to the above stated indications, once the product is returned and accepted by AINHOA, Customer will be refunded. Customer will receive a confirmation email regarding his refund.
4.1.8. The shipping charges derived from the Return/Exchange are the responsibility of the Customer and, in any case, will be discounted from the price to be returned to the Customer.
4.1.9. AINHOA reserves the right to reject the goods returned or refuses to exchange any goods returned by the customer which do not correspond to the order or which originate from a source other than the AINHOA online store.
4.1.10. Customer may be held liable in the event of depreciation in the value of the item due to manipulation that does not comply with the preservation of the quality, characteristics and, where applicable, the proper functioning of the products.
4.2. RETURN PROCEDURE
A) Return Request: The Customer is requested to contact AINHOA by emailing to contact@aiestankona.com; giving the name, address and order number. Please Inform AINHOA regarding the reasons why Customer would like to return the product. AINHOA will be happy to give advice and answer any further questions.
B) AINHOA shall send Customer an e-mail acknowledging receipt of Customer's return request and instructions for return shipment to AINHOA. AINHOA strongly recommends Customer to request a receipt from the courier when handing over the package as proof of delivery.
C) If Customer prefers to return the products by its own means it is recommended that the Customer keeps proof of return by registered post or by any other means that allows the date of dispatch to be recorded.
If Customer returns the product by his own means, Customer must insure the package against loss and theft for the value of its contents.
Under no circumstances can AINHOA be held responsible for the loss or theft of the items that Customer returns to AINHOA by its own means.
D) SHIPPING ADDRESS : The item Customer wish to return must be sent -as soon as possible and, in any case, within a maximum period 72 hours from receipt- to AINHOA, at the following address: contact@aiestankona.com
E) If the product is damaged during return transit, the return may not be accepted by AINHOA if the product is shipped back using the original package.
4.3. DEFECTIVE PRODUCT
4.3.1. It is considered a defective product when it is received with the defect; if the defect is the result of use, it is not considered a defective item.
4.3.2. AINHOA's liability is limited to manufacturing and material defects which appear within two (2) years from the date of delivery of the product. AINHOA shall remedy manufacturing and material defects in the Product.
For products which have been repaired under this clause 5.3., AINHOA's liability is limited to defects which appear within one (1) year from the date of completion of the repair or delivery of the replacement product, unless the remaining part of the original warranty period, ref clause 5.3.2 is longer.
4.3.3. THE PRECONDITION FOR REPAIR OR REPLACEMENT of the defective product related to manufacturing or material defects under the warranty period of two (2) years shall be that the product has been used purely in accordance with its intended use and purpose and has been duly guarded.
Jewellery pieces should be handled with extreme care and always kept in their original box.
4.3.4. AINHOA's liability does specifically not cover product defects due to;
• incorrect or negligent custody or use
• exposure to extreme conditions, e.g. thunder, lightning, water ingress, fire, bad ventilation or other conditions beyond the control of AINHOA including sudden changes in temperature and extremely dry climates.
• exposure/use of products that are harmful to metals and precious stones such as chemicals, acids, soaps / cosmetics with chemical components, abrasive objects ... improper use of ultrasonic cleaner (read our tips on caring for jewelry )
• normal maintenance and repair work, parts that need to be replaced due to normal wear and tear,
• modifications/reparations without the prior written approval of AINHOA
• changes in appearance of surface finishes are not considered a defect, but a sign of normal wear and tear.
4.3.5. Customer shall notify AINHOA in writing to the email address contact@aiestankona.com of any defects in the product that have been detected upon arrival inspections/use of the product no later than 24 hours following the delivery of the product. Should Customer fail to provide AINHOA with such notification, AINHOA shall be discharged of any liability for defects in the product that reasonably could have been detected by such inspections.
For defects that reasonably could not have been detected by such inspections, Customer shall notify AINHOA in writing of the defects as soon as the defect has appeared and in no event later than 5 days after the defect appeared. The notice shall contain a description of how the defect manifests itself. If Customer fails to notify AINHOA in writing within the above time limits, he loses his right to make any claim in respect of the defect.
4.3.6. After receipt of a written notice under Clause 5.3.3., AINHOA shall remedy the defect.
a) AINHOA may demand Customer to send back the defective piece to her, or to send it to a place instructed by AINHOA, for repair or replacement.
b) AINHOA shall be given reasonable time and opportunity for such repair or replacement and any denial of the same by Customer shall discharge AINHOA from his liability.
c) AINHOA has fulfilled her obligations in respect of the defect when AINHOA delivers a duly repaired or replaced Product has been delivered to Customer.
4.3.7. All transports in connection with remedial work shall be at the AINHOA's risk and expense, with the following exceptions: If the Product is elsewhere than at the place of delivery, Customer shall bear the increase of costs for remedying the defect which AINHOA incurs as a result thereof.
4.5.8. If Customer gives such notice as referred to in Clause 5.3.3., and no defect is found for which AINHOA is liable, AINHOA shall be entitled to compensation for the work and costs which he has incurred as a result of the notice.
4.5.9. If the repair or replacement of defective product is unsuccessful or cannot be effected within a reasonable time frame, Customer shall be entitled to cancel the purchase of the defective product whereby AINHOA shall credit Customer for the payments that have already been made to purchase the defective product.
4.3.10. AINHOA is not liable for defects arising out of material provided by Customer or a design stipulated or specified by the Customer.
4.3.11. AINHOA’s liability does not cover defects caused by circumstances, which arise after the risk has passed to Customer.
4.3.12. In case of defective product the Customer can choose between the following options:
a) Refund of the money paid by the Customer.
b) Replace it with a similar piece of equal or greater value. This option is subject to the unilateral acceptance of AINHOA.
It should be noted that the jewel will be similar, not the same.
Jewellery pieces that AINHOA produces are one-of-a-kind and irreplaceable: AINHOA herself creates and manufactures them manually, one by one. Jewellery pieces take shape following an intuition. These pieces take shape following an intuition and in an attentive and concentrated listening to chaos. During its manufacture, being manual and proceeding slowly, there comes a moment when the piece takes control of its own form; AINHOA obeys the indications of the object. It is due to this complexity that the piece is impossible to reproduce.
However, in some cases, it is feasible to make a piece that can evoke the original piece.
In case this option is chosen by both parties, unless the parties agree otherwise, AINHOA guarantees that the new creation will contain the same weight in gold. In the case of setting stones, AINHOA cannot guarantee that they will be of the same quality and carat: is only able to propose a replacement stone.
The replacement of the good will take place within 60 days from the Customer warning and only after receiving the damaged product from the Customer.
c) Exchange it for another piece from the collection of equal or higher price.
The exchange of the good will take place within 30 days from the Customer warning and only after receiving the damaged item from the customer at the above mentioned address.
4.3.13. AINHOA’s liability as detailed in this clause 5.3.shall be AINHOA's sole obligations in the event of manufacturing and material defects in the product.
4.4. EXCHANGE
4.4.1 The Customer will be entitled to make a single exchange.
4.4.2. The Customer is entitled to exchange the purchased product for another product of equal or higher value; AINHOA will not exchange a product for lower priced items.
If the purchased product is exchanged for another piece of a higher price, the difference will be charged to the Customer.
4.4.3. The same policy applies to Recipients of gifts: are entitled to an exchange for products of equal or greater value only.
4.4.4. If the purchased product is returned for an exchange, the return shipment to AINHOA will be at AINHOA's expense.(Applicable for the EU only.)
4.5. LIMITATION OF LIABILITY
4.5.1. Except as expressly stated in clause 5.3.above, AINHOA's liability is limited to claims for damages caused by the AINHOA's gross negligence or wilful misconduct.
4.5.2. AINHOA’s liability is under any circumstance, limited to direct losses, whereby AINHOA shall not be liable for indirect or consequential losses.
4.5.3. AINHOAs total liability for breach of contract, including liability in accordance with clause 5.3., shall under any circumstance be limited to 50 % of the purchase order.
4.5.4. AINHOA shall, to the extent permitted by applicable law, have no liability for personal injuries or property damage caused by the products.
4.5.5. Customer’s right to claim compensation for damages shall, except as stated in clause 3.5., only apply twelve (12) months after the date of delivery of the Products.