Last update: 31th July, 2017
By using MINEMERALDS you agree to these conditions. Please read them carefully.
1. INFORMATION ABOUT US
This site is operated by and the goods you purchase will be supplied by MinEmeralds.com (Minemeralds, “We”). You can contact us by e-mail at [email protected] or by post at C/ Alenza, 1, 28003, Madrid, Spain.
2. YOUR PERSONAL INFORMATION
You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Proceed to checkout” on the checkout page.
If you submit an order for goods via this site by clicking the “Proceed to checkout” button, your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated email acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate e-mail.
The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct. If the details in the e-mail confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at [email protected]
The contract can be concluded in either English or Spanish.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
4. PRICE AND DELIVERY COSTS
The shipping costs depend on the weight and destination. At the moment of processing the payment of your purchase you can see the cost of the shipment for the location that you indicate as final destination.
MinEmeralds offers the free shipping option to any destination for MinEmeralds Club members. You can very easily become a member of the club at the moment that you are making your first purchase in our website checking the box “I want to sign up MinEmeralds Club”. Do not worry about looking for the option because it will be very accessible and visible through the process.
You will receive a welcome message to your e-mail with a code to use in your next orders to enjoy free shipping and you will also benefit from the other benefits of the club that you can check by clicking on the following link: MinEmeralds Club >
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery costs can be looked up during checkout process. They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
5. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We deliver worldwide.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
Delivery will be made according to the information on the product pages after your order is accepted.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date or refund.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
Customs and other taxes
It is very difficult for us to be able to control the legal, customs and tax framework of each country, as it is customary in the processes of purchase through the internet, the client must assume the expenses associated with the nationalization processes that are in force for his Country and make the corresponding management to receive your order.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods can be made by one of the following payment methods:
· Debit/Credit card via Stripe
Payment for goods must be made in accordance with the procedure explained in the information page ‘Ordering’.
7. RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason within 14 days after delivery, such 14 day period beginning on the day after you receive the goods.
Cooling off period
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you.
To exercise the right to cancel, you must inform us by e-mail ([email protected]) of your decision to cancel this contract by a clear statement.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must send the goods back to us at your own cost (unless we delivered the item to you in error) without undue delay and in any event within 14 days after the day of the cancellation. We will collect the goods from you. You will be responsible for the direct costs of the collection service. The collection charges that will apply are as follows
You will not have any right to cancel a purchase for the supply of any of the following goods:
· the supply of goods that are made to your specifications or are clearly personalised;
Return the specimen to us in its original condition following the instructions below.
1. Carefully wrap the specimen(s) individually using the original packing material, and include any labels or documentation. There should be at least 2cm of padding around each item, and each item should be placed in its original specimen box.
2. Place the specimen boxes (with wrapped specimens enclosed) in the postage box, or a new box if the original box was in any way damaged during transit, with at least 4cm of padding between the specimen boxes and the sides of the postage box. Bubblewrap or scrunched newspaper are the best to use as padding. There should be no possible movement within the box once packed.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Return of goods
You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Item was received in a damaged condition
If you received your specimen and it was damaged in transit please contact us immediately via email. We will then be able to come to an arrangement with you for either:
— The return of the item and a full refund;
— return of the item and a similar item to be sent to you as a replacement;
— or a discount on the damaged item if you wish to keep it.
PLEASE NOTE: we will need to see the evidence of the damage including to the specimen and packaging, preferably by digital photograph and video showing the damage and packing material as received at the moment of the courrier delivery.
If you are returning the item please return all pieces of damaged or broken specimen with any labels and documentation, and the original packaging follow the steps in the Returns Policy.
You will have to bear the direct cost of returning the goods.
Consumer’s liability for diminished value of the goods
You are only liable 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.
8. REFUNDS POLICY
Following cancellation, we will refund you the price paid for the product (or part) of the order cancelled, less any shipping, collection or return charges (if any). We will pay the refund within 14 days after the day:
· You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you); or,
· We receive the goods you returned to us, where you are in receipt of the goods.
We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods.
Without limiting your cancellation rights, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
· Provide a full refund for any product that is not what you ordered;
· Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
· At your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
9. CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
· We have insufficient stock to deliver the goods you have ordered;
· Our shipping carrier cannot deliver to your location; or
· One or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us as soon as possible.
10. TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
To the extent not prohibited by law, we accept no liability for any:
· loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
· loss which arises when we are not at fault or in breach of these Terms and Conditions; and
· business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
Nothing in these terms will affect any liability we may have:
(a) for fraudulent misrepresentation;
(b) for death or personal injury arising from our negligence:
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
12. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.
14. LAW AND JURISDICTION
These terms are governed by Spanish law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by Spanish law. For any conflict that may arise in relation to the application and interpretation of these conditions, you and we both agree the jurisdiction of the Tribunals and Courts of the City of Madrid (Spain), expressly waiving any other jurisdiction.