GENERAL CONDITIONS
1.- Specific conditions of the national online sales agreement
These Specific Conditions of the Purchase Agreement are applicable to online sales made through the website www.fieragallery.com/en/es (hereinafter, WEBSITE), which belongs to GLORIA MEDINA., with registered office situated at C/ Granate, 2. Bloque 6. Bajo D. 29649, Mijas (MÁLAGA), and holder of tax identification code (CIF) 44364370S
If the customer uses the services offered on the WEBSITE, this means, in all events, that they accept these Specific Conditions of the Online Purchase Agreement, in the version published by FIERA GALLERY, at the time they place their order. Consequently, the customer is advised to read these Specific Conditions before they make a purchase, in addition to the general terms and conditions of use of the WEBSITE.
We also ask the customer to read our Privacy Declaration before placing their order. By using this WEBSITE, or placing an order through the WEBSITE, the customer consents to be bound by these Conditions and by our Privacy Declaration, which means that, if you are not in agreement with all the Conditions and with the Privacy Declaration, you should not place any orders.
2.- Subject matter of the agreement
These specific conditions pertaining to online purchases are applicable to the purchase of any products offered on the WEBSITE made by customers whose delivery address is OUTSIDE SPAIN, Andorra, Gibraltar and Portugal.
The prices of all jewelry and accessories are given on the website on the date when the order is placed. The prices are detailed on each item and include taxes and statutory fees. The amounts of any delivery costs and any other services are also given, and they will be broken down and shown to the customer when they place their order. In the event there should be any importation taxes in the country where the customer lives, the customer will be required to pay them.
The service for making purchases through the WEBSITE regulated in these Specific Conditions allows the purchase of products and services only by customers aged 18 and over and resident in the countries mentioned in section 3.2 (Delivery).
FIERA GALLERY reserves the right to cancel the customer’s access account if it should detect any activity involving fraud, speculation or bad faith in their use of this service.
FIERA GALLERY will amend and update, where it deems appropriate, items and prices based on the company’s commercial criteria, although any changes will not affect products that have been accepted.
All product orders are subject to product availability and, in this regard, if any difficulties should arise regarding their supply, or if no items remain in stock, we reserve the right to provide information regarding substitute products with the same or higher quality and at the same or a higher price, and the customer may order these. If the customer does not wish to order these substitute items, we will refund any amounts they may have paid.
This information and the details contained on the WEBSITE do not constitute a sales offer, but instead, an invitation to trade. There will be no agreement between the customer and FIERA GALLERY with regard to any products until the order has been expressly accepted by FIERA GALLERY (even if the customer’s account has already been charged). If the offer is not accepted and any amount has been charged on the customer’s account, the amount of such charge will be returned in full.
In order to place an order, the customer should follow the online purchase procedure and click on “Authorise payment”. After that, they will receive an email confirming receipt of their order (Order Confirmation). The customer should remember that this does not mean that their order has been accepted, since their order is no more than an offer to FIERA GALLERY to buy one or more products. All orders are subject to acceptance by FIERA GALLERY, which will confirm such acceptance by sending an email informing the customer that the product is being sent (Shipment Confirmation). The agreement to purchase a product between FIERA GALLERY and the customer (Agreement) will be formalised only once the Shipment Confirmation has been sent to the customer.
Only products listed in the Shipment Confirmation will be subject to the Agreement. FIERA GALLERY will not be required to supply any other products that the customer may have ordered until it confirms that these products have been sent through a separate Shipment Confirmation.
In exceptional circumstances, it is even possible (pursuant to Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing) that FIERA GALLERY could find itself required to refuse to process an order even after having sent the order Confirmation. FIERA GALLERY reserves the right to do this at any time, at its sole discretion.
The price of the products will be as stipulated, from time to time, on the WEBSITE, except in the event of a clear error. Even though FIERA GALLERY attempts to make sure that all prices shown on the WEBSITE are correct, errors may arise. If FIERA GALLERY should discover an error in the price of products that the customer has ordered, FIERA GALLERY, after informing the customer as quickly as possible, will give the latter the option to reconfirm their order at the correct price, or cancel it. If FIERA GALLERY should be unable to get in touch with the customer, the order will be deemed to have been cancelled and the customer will receive a full refund for any amounts paid. FIERA GALLERY is not required to supply products (even if it has sent the Shipment Confirmation) if the price error is obvious ad unmistakable and it is reasonable to believe that the customer could have identified it as an incorrect price.
The prices of FIERA GALLERY products may vary, but (with the exception of the provisions hereinabove) any possible changes will not affect orders where a Shipment Confirmation has already been sent.
In view of the characteristics of online purchases, the price of the products shown on the WEBSITE refers solely and exclusively to purchases made on the WEBSITE, and the price does not have to coincide with the public sale price at FIERA GALLERY establishments.
Pursuant to the above, the price set out on the WEBSITE will be considered binding only for online purchases and in no way will it bind FIERA GALLERY establishments.
The prices on the WEBSITE include taxes and statutory fees, but they exclude delivery costs, which will be added to the total amount owed and shown to the customer as a breakdown of costs.
Once the customer has done their shopping, all the items they wish to buy will have been added to their shopping bag and the next step will be to process the order and make payment. To do this, the customer should follow six steps:
1. Click on “Shopping Bag” at the top of the page, to add the products they wish to buy.
2. Next, click on “Buy”.
3. The customer should fill in and check their contact information, order details and the address where they want the order to be sent.
4. They should then choose the payment method they want to use to make their purchase (credit card or PayPal) and enter the corresponding information.
5. They will be asked to accept the “Terms and Conditions”.
6. They should then confirm the purchase by clicking “Place order now”.
The customer can pay using their Visa card or PayPal. The client can make the payment with Visa or Paypal cards, in installments through the financial compan, Google / Apple Pay. To minimise the risk of unauthorised access, the customer will be redirected to the virtual payment gateway screen/PayPal where they will be asked to authorise payment of the order.
When the customer clicks on “Authorise Payment”, they are confirming that the credit card belongs to them.
FIERA GALLERY uses Stripe, to make sure the payment is made safely.
Credit cards will be subject to checking and authorisation by the issuing entity. If this entity does not authorise the payment, FIERA GALLERY will accept no liability for any delays or failure to deliver and, as a last resort, for refusing to formalise the sales agreement with the customer.
Free shipping in Iberian Peninsula and Balears in purchases over 50€
Shipping fees – (In purchases under 50€)
Iberian Peninsula: Delivery time 1 to 2 days - Rate 2.95€
Canarias Islands**: Delivery time 5 / 7 days - Rate 9,95€
Ceuta / Melilla**: Delivery time 5 to 7 days - Rate 7.95€
Europe: Delivery time 2 to 4 days - Rate 3.95€
International Shipments**: Delivery time 5 to 7 days* - Rate 34,95
Important:
-The delivery time is approximate.
Deliveries may be delayed due to reasons beyond the control of FIERA GALLERY.
-During the promotions
Orders will be placed as soon as possible, the usual delivery time periods do not apply.
-**Any customs or local taxes are always paid by the customer. The invoice will state the cost of the order along with the recipient information. Customs delays are not reflected in the estimated delivery times.
Prices include VAT.
In those cases when being out of stock, the delivery time is between 4-6 weeks.
The order will be sent once we have confirmed that the chosen model is available and that your payment has been approved. We will do our best to process it as soon as we can. If it is not in the same day, it will be sent within the following working days after your purchase has taken place.
Please note that orders placed after 14.00h (GMT +1) Monday to Thursday, and 13.00h (GMT +1) Friday and during Saturday and Sunday will be prepared for shipment the next available business day. National holidays in Spain and local holidays within the Community of Madrid may also cause delivery delays. Estimated delivery dates are calculated in working days.
To ensure the highest security and speed, all orders are sent via private messenger.
During the free shipping campaigns, these will only be available for customers who are within the Iberian Peninsula.
Our seed card is just for planting your own mint plant.
6.- Delivery
During the promotions that are carried out in FIERA GALLERY, it is possible that the time of delivery of the orders to the CLIENT is affected.
Deliveries take place between 8.30 am and 7.00 pm and require the recipients signature upon receiving the shipment, to ensure your order has arrived safely. In the event that the CUSTOMER or the authorized person is not at the designated address for delivery or if delivery cannot be made for other reasons, the private transport company will contact the CUSTOMER to set an alternative delivery date.
If after 2 delivery attempts the courier company fails to deliver the order to the CUSTOMER, the order will be returned to our warehouses and the CUSTOMER will have to pay the shipping costs as well as the cost being sent back our warehouses, as well as any associated management costs.
In the purchase form, the CUSTOMER will be asked for a delivery address within normal working hours. FIERA GALLERY will not be responsible for errors caused in the delivery by the courier or when the address indicated by the CUSTOMER does not match the reality or necessary data for delivery have been omitted.
No deliveries to PO Boxes will be made.
It is only possible to change an article for another one if equal or greater amount by paying the price difference, within the first 15 days since the purchase (during the Christmas period changes can be made until January 15th). The quantity spent in the purchase is not refunded, except in case of tare or damage. Regardless, before the article is sent, it is carefully reviewed to avoid such circumstances occuring. The purchase vouchers will be valid for one year.
In case you want to change any item you must send it to the following address together with its original packaging. The cost of shipping will always be charged to the CUSTOMER. We recommend that all sending procedures should take place with a courier company due to the type of product it involves. We do not accept changes or returns of items with pending post fees.
Shipping address for changes:
*Due to the current situation to make changes we need you to send an e-mail to hello@fieragallery.com
FIERA GALLERY
C/ Granate, 2. Bloque 6. Bajo D.
29649 - Mijas (Málaga)
If you have any questions, you can contact us through our contact form or at hello@fieragallery.com
Our customer service will be available from Monday to Thursday, from 09:00h to 18:00h (GMT +1) and Friday from 09:00h to 13.00h (GMT +1)
In the event that the Product is defective or has any tare, the CUSTOMER must contact within 72 hours of receiving the order with FIERA GALLERY in hello@fieragallery.com.
FIERA GALLERY will be responsible for all the expenses involved in the collection of the Product/s and the subsequent delivery of the new Product/s, provided that these have been examined by the Quality Department for any defects or faults and it is confirmed they are in perfect state.
The return or replacement of the defective Product will be made as soon as possible and, in any case, within 15 days from the date on which FIERA GALLERY has sent an email to the CUSTOMER with confirmation of the return or replacement of the Product.
In the event that the Product cannot be replaced by an identical one, the amount which was paid will be fully reimbursed to the CUSTOMER, including courier costs. Refunds will be made by bank transfer to the account that the CUSTOMER provides FIERA GALLERY.
You must return the Product to us at the above address.
All information provided by CUSTOMERS will be used in order to process the order. Your personal data will be included in a client file, for which FIERA GALLERY (Gloria Medina), the addrees being; Mijas (Málaga), calle Granate, 2. Bl 6. Bj D, CIF 44364370S, is responsible, when sending you commercial communications and advertising about our products, services, promotions, events, etc.
You may exercise your rights of access, cancellation, rectification or opposition by sending an e-mail to hello@fieragallery.com. By registering on our website, you consent to the processing of your data for the purpose of sending you commercial communications and advertisment about our products, services, promotions, events, etc., and specifically authorise FIERA GALLERY to send advertisments and promotional communications, by e-mail and/or by any other electronic communication means.
The personal data received will be treated in accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data and Royal Decree 1270/2007, of 21 December, which approves the Regulations for the development of Organic Law 15/1999, and other concordant regulations in force in Spain. Likewise, the CLIENT is informed that FIERA GALLERY has adopted the security levels required by the regulations and that it undertakes keeping secret all the data provided and not to communicate them to third parties.
Applicable Law and Competent Jurisdiction
The applicable legislation to our Rules of Use is the Spanish Law, especially Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, the Civil and Commercial Code, the rules of protection of the rights of Consumers and Users and any other rules in accordance with them. To the extent permitted by law, the parties expressly waive any other jurisdiction that may correspond to them and agree to submit to the jurisdiction of the Courts and Tribunals of the city of Málaga.
All the material contained in the website www.fieragallery.com (drawings, designs, illustrations, photographs, written texts, logos, trademarks ...) are the exclusive property of FIERA GALLERY / GLORIA MEDINA. No USER may reproduce, by any means or process, in whole or in part, distribute, publish, transmit, create derivative works or based on modifying or selling, any material contained.
The registered trademark "FIERA GALLERY", and the logo whether or not they are registered, displayed on the website www.fieragallery.com, as well as the domain name FIERA GALLERY.com, are and will remain the exclusive property of GLORIA MEDINA . Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose is prohibited without the prior written consent of FIERA GALLERY / GLORIA MEDINA.
The USER may not remove any reference to copyright, trademark or other proprietary rights notices contained on the www.fieragallery.com site, or any other content contained therein.
The USER may make copies of the web pages published on the www.fieragallery.com website for his private, personal and non-profit or commercial use, provided that any copy made of such web pages retains all notices relating to property rights contained therein.
The website FIERA GALLERY is an original creative work protected by the laws of intellectual property. The page, as well as all the elements that make it up, is the exclusive property of FIERA GALLERY / GLORIA MEDINA. It is totally forbidden to reproduce or represent, totally or partially, the page or any of the elements that make it up, as well as its modification. The brands and domain names that appear on the FIERA GALLERY website are the exclusive property of FIERA GALLERY. Any unauthorised reproduction or use of these brands or domain names, without prejudice to the form or intention they adopt, is totally prohibited.
FIERA GALLERY has taken all reasonable steps to ensure that the information obtained through its website is accurate. However, we do not guarantee in any way the accuracy, completeness or timeliness of such information. FIERA GALLERY makes no warranty of any kind, express or implied, in relation to all or any part of its website.
FIERA GALLERY shall not be liable under any circumstances for any direct or indirect damage of any kind whatsoever resulting from the use of its website.
Exclusion of Warranties and Liabilities
FIERA GALLERY does not guarantee the existence of errors in its different contents nor does it guarantee the availability or continuity of the operation of this website, and therefore excludes any liability for damages and/or harm of any kind that may be due to the lack of availability, reliability or continuity of its website.
FIERA GALLERY also does not guarantee that the website is always up to date, although it will make every effort to correct technical errors. In any case, FIERA GALLERY reserves the right to make changes without prior notice.
It also reserves the right to cease, without prior notice, access to its website.
Likewise, FIERA GALLERY does not guarantee the absence of viruses introduced by third parties that may affect this website or the User's software and hardware.
The USER will be responsible for any damages of any nature that may occur due to the failure to comply with these Rules of Use.