1. THE PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACT TERMS: 

(hereinafter also the General Terms and Conditions or GTC)

The party of the first part, the supplier of the artistic and personalized jewels (also jewels), ÀMBIT JOIES, S.L., whose trade name is HABIT (hereinafter also the provider), with registered office at C/Sant Sever 7, 08002, Barcelona, tax identification number (NIF) B61848032, customer service telephone number +34 932009474, and email habit@telefonica.net, as owner of the website www.habitbcn.com, presents the contractual document that will govern the contracting of jewels (also products) through the aforementioned website. 

The party of the second part, the User–Customer (hereinafter the user), who is responsible about the veracity of the personal data facilitated to the provider and having full responsibility about it.

BOTH PARTIES ACCEPT this document, which entails the user:

1. Has read and understood the provisions set out herein.
2. Is of legal age and has sufficient capacity to enter into contracts.
3. Assumes all of the obligations set forth herein.
4. Has read and accepts these general terms and conditions of purchase from the moment they purchase any product offered.

This document may be printed out and kept by users. 

The provider makes the following email address, habit@telefonica.net, available to users for any questions that may arise about these conditions.

These conditions will be valid for an indefinite period and will be applicable to all contracts executed through the provider’s website, www.habitbcn.com.

The provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions acquired prior to the modifications, in order to improve the products offered. In any case, these General Terms and Conditions must be consulted before purchasing any jewel.

We recommend keeping a copy of the data contained in the purchased jewels. 

HABIT is not liable for any consequences that could result from improper use of the products sold on the website.

The civil liability of HABIT for the products supplied is limited to the value of the same the user waives the right to hold HABIT liable for any item in the event of dissatisfaction with the products purchased on the website www.habitbcn.com, as well as possible malfunctions, slowness of access, or errors in accessing the website, including loss of data or any other type of information that could exist on the computer or network of the user accessing the website www.habitbcn.com.

HABIT is a company that specialises in the distance selling of artistic and exclusive jewels personalized exclusively before the send with the initials or identificative symbol chosen by the client, unless as an exception is not possible. HABIT distance sells its products on the internet via its website or by telephone or by email. The provider has a physical store in C/ Sant Sever 7, 08002, Barcelona for the sale of its products.

2. PURPOSE OF THE CONTRACT:

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase and sale between the provider and the user at the moment in which the latter accepts these purchase conditions during the online contracting process by ticking the corresponding box. These GTC will apply from the day that the order is placed.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price that has been publicly displayed on the website, of a specific product.

  2.2 Territory of application: The www.habitbcn.com online store is available throughout the world.

2.3 Capacity to contract: In order to place an order, you must be of legal age and have the capacity to enter into contracts.

2.4 Customer acceptance: The validation of an order through the website www.habitbcn.com is carried out by email and implies the automatic acceptance of the GTC. These conditions are available on the website www.habitbcn.com or, if desired, we can make them available to you by email.

2.5. Modification of the General Terms and Conditions: HABIT reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. If these changes or modifications are made after an order has been placed, the conditions in force on the date in which the order was placed will apply.

3. INFORMATION PROVIDED ON THE WEBSITE www.habitbcn.com:

3.1 Publication of prices: The prices of the jewels are those shown for each product on our website, www.habitbcn.com. 

3.2 Product information: The information that appears in our advertising, brochures, in other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of www.habitbcn.com are constantly being renewed and updated to offer our customers the most comprehensive and detailed information possible. All the contractual information on www.habitbcn.com is shown in Spanish, Catalan and English. The communication with customers and users, as well as contract formalisation, will be in the language that the customer wishes, providing that this is specified prior to the contracting process.

3.3 Availability of product(s): All products are unique pieces unless those that appears marked with an asterisk or the products included in the basic collection. In the case of the first ones, once bought it doesn’t stay available for sell again. Any product with no price it’s also no available for bought. In the case of the products marked with an asterisk and the included in the basic collection, there may be occasions when it is impossible to supply all the products because they are not in stock or available at the time of purchase. In these cases, the product in question will be displayed but not available for purchase.

With all products appears a description of each one. In the case that appears information about the size of the piece, that is approximate, and the only purpose is guide the user. 

3.4 Right of cancellation: HABIT reserves this option (the right of cancellation) in respect to the shipment a specific product that does not meet the quality requirements imposed on all products of www.habitbcn.com. In the event that this lack of quality is detected, HABIT’s customer service department will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of the product will be refunded.

3.5 Orders 24 hours a day, every day of the year: The receiving hour for orders is twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders realized between Monday to Friday placed after sixteen o’clock (16:00) will not be processed. Past this time, it will be processed the following business day in Barcelona. Orders that are received on Saturday from the indicated hour and Sundays, will be processed on Monday (or the next business day). Delivery times are established in clause 5 of these conditions.

3.6 Fraud: If HABIT suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

3.7 Prevention of money laundering and financing of terrorism: HABIT is a subject bound by Law 10/2010 of April 28, on the prevention of money laundering and financing of terrorism, for the sale of jewels, stones and precious metals.

For those customers who makes purchases equal to or greater than €1,000, HABIT must identify themselves and keep a copy of the reliable identity document (DNI, Passport, etc.).

The client is aware of this legal obligation and undertakes to send a copy of the reliable identity document if necessary.

4. PURCHASING PROCEDURE:

In order to access the products offered by the provider the user must freely and voluntarily provide the indispensable personal data requested to process the order.

In accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will proceed using the following steps:

1. Choose the product by clicking on it. It will be automatically added to the “shopping cart”. 
2. If you wish to add more products, you must select the option, “Continue Shopping”. If you have mistakenly added something you do not want, you must click on the option to remove it from the shopping cart.
3. Once you have chosen the product(s), you must click on the finalise tab to place your order. By clicking this option, the purchase confirmation will appear (summary of the order placed, your details, and the chosen payment method).
4. You will be asked to provide your personal data in order to place your order and for the subsequent delivery and the initials or symbol to engrave in the purchased jewel. You should review the spam and junk mail controls in your email inbox and always verify that the contact information you have provided is correct.
5. Once the data are filled, a screen will appear where you can indicate the delivery time and a box that you must tick since it represents the acceptance of these General Contract Terms and the Privacy Policy.
6. To finish the process, you must click on the finalise button.

In any case, once the contracting procedure has been completed, the provider’s contracting platform will inform the user by email of all the characteristics, price, transport methods, contracting date, and delivery times for the purchased product(s). After 24-48 hours you will receive another confirmation email with the delivery time of the purchased product, the transport, and the cost of delivery if it’s necessary.

In the event that the user’s country of residence is in a situation of force majeure (war, pandemic, etc.) or it is not possible to make the shipment due to non-compliance with the local regulations of your country, HABIT will contact you in a period of 24/48 business hours to notify you if it’s or not possible to send the order. Once confirmation is received, your order will be processed.

If there is any type of error in the address given or in any other aspect of the order, you must notify us of this immediately using the email address that will appear on the website in order to rectify the error.

If you have any questions, you may contact our customer service department using any of the methods provided on the website, www.habitbcn.com. 

HABIT will provide customer service for FREE through our contact email, habit@telefonica.net. If you choose an alternative means of communication, you will be responsible for its cost. 

HABIT provides telephone numbers in Spain subject to the cost charged by your telephone operator.

5. SHIPPING:

5.1 Transport company: Transport will be carried out through the following companies:  Prosegur Cash International whose customer service number is +34 933788087 and SEUR (national and/or Europe) whose customer service number is +34 934797900.

5.2 Shipping costs: The costs of standard shipping will be as follows:

• SHIPMENTS TO SPAIN excluding Canarias, Ceuta, Melilla and Gibraltar :  The shipping cost it’s free.

For shipments to Canarias, Ceuta, Melilla and Gibraltar you will receive an email in 24-48 hours with the shipping cost and you will be able to confirm your purchase.

• INTERNATIONAL SHIPMENTS :

a) For shipments under or equal to 950 euros :

– Shipments to Germany, Andorra, Austria, Belgium, France, Holand, Italy, Luxembourg and Portugal : 55 euros.

– Shipments to United Kingdom : 100 eur

– Shipment to USA and Canada : 115 eur

For shipments over 950 euros to the countries detailed above, the shipping cost is free.

b) For shipments under or equal to 1.950 euros :

– Shipments to Australia, Xina, Estonia, Hong Kong, Israel, Letonia, Lituania, Poland, Rumania, Slovaquia, Slovenia, UAE : 180 eur

– Shipments to Denmark, Finland, Ireland, Liechtenstein, Norwegian, Switzerland : 130 euros

– Shipments to South America : 160 eur

For shipments over 1.950 euros to the countries detailed above, the shipping cost is free.

c)  For  the other destinations independently of the price, you will receive an email in 24-48 hours with the shipping cost and you will be able to confirm your purchase.

5.3 Shipping address

Shipping address: The orders will be delivered in two possible ways:

a. At the shipping address that was freely designated by the user. Accordingly, the provider does not assume any liability when delivery of the product is not made as a result of false, inaccurate, or incomplete data provided by the user or when the delivery cannot be made due to causes beyond the control of the shipping company, assigned for this purpose, such as the recipient’s absence.

b. At the registered office of HABIT, C/ Sant Sever 7, 08002 de Barcelona.

The place of delivery and/or collection point is chosen when the purchase is made.

The order will be delivered during normal working hours.

Notwithstanding the above, the provider has adopted the measures required of a diligent business to ensure that delivery can be made within the agreed-upon time and, therefore, no liability can be attributed to the provider.

Shipments are made to all the world, unless force majeure and normative.

HABIT will make every effort to ensure that your order is delivered within the timeframe stated on our website at the date your order confirmation is issued.

5.4 Delivery times: The delivery time is usually between

– National deliveries: 2-7 days

– Europe deliveries: 4-10 days

– International deliveries (out Europe): 5-20 days

depending on the product, the destination, and the chosen payment method. This period is valid once the availability of the service has been confirmed and full payment of the order has been verified. In the event of products not available at the time of purchase, our customer service department can provide you with information about availability. 

If you have requested several products in a single order, please note that they may have different dates of availability, in which case you could receive them on different dates. Please note that, in the event of the non-availability of any of the references at the time of shipment, you have the right to cancel the order at any time prior to shipment by contacting our customer service at the email address, habit@telefonica.net, specifying the order number.

5.5 Shipment confirmation: At the time of delivering the order to our carrier, we will send the shipment confirmation to the email address you provided when placing the order. In the shipment confirmation, we will provide you with the corresponding tracking number so that you can track it through the carrier’s website.

In the case of pick up at store you will receive and email with the availability of the product and the period for picking up.

5.6 Damage during delivery: Products are shipped in secure packaging. If at the moment of delivery, it is clearly and visibly apparent, without the need to manipulate the shipping container or the product itself, that a product has defects caused by damage during transport or that there is an error in the goods received, the customer must immediately contact our customer service department at +34 932009474 or by email at habit@telefonica.net, to be able to request the return of the product or products affected and proceed to replace them with others in optimum conditions or refund the price paid for them, as indicated in said email. 

Similarly, if damage to the product is detected after the package has been opened, with the packaging in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of being aware of it by contacting our customer service department at +34 932009474 or by email at habit@telefonica.net. 

6. PRICES AND OFFER VALIDITY PERIODS: 

All prices displayed in the store www.habitbcn.com include the VAT in force at the time of purchase. All prices shown on the website are valid and will be expressed in the euro currency (€). These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance, or any additional services connected with the product or service acquired.

VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the products will be understood to be located within the Spanish VAT territory if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at the given time, in accordance with the specific article in question. For orders shipped to the Canary Islands, Ceuta, and Melilla, the deliveries shall be exempt from VAT in accordance with the provisions set out under Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties pursuant to the current regulations in each of these territories.

If the client lives out the EU, the prices doesn’t include VAT. The Client can be subject to different taxes and tariff duties according to the content, value and other factors considered in the regulation of the specific country. These taxes will be paid by the client for the reception of the order.

The user will receive the invoice for the order at the email address provided by the user once the purchase has been made.

The prices applicable to each product will be those published on the website and applied automatically in the last phase of the purchasing procedure. 

In cases of promotions with a limited duration, the promotion discount will be applied as long as the order has been registered during the promotional period. 

The method of delivery is detailed on section 5 of this General Terms and Conditions

The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were made and will be used to determine whether or not said order is subject to promotion or not.

For any information about their order, the user may contact the provider’s customer service department through the phone number or email address provided.

7. PAYMENT METHODS:

The following systems available:

7.1 Payment by credit or debit card: The user must have a valid credit or debit card and must specify all the digits of the card number on the corresponding form. The transaction is formalised at the time of placing the order. Only payments with secure cards are accepted where your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce (“Verified by Visa” and “Mastercard SecureCode”). The order cannot be accounted for and will not be processed until the payment has been authorised by your bank or financial institution. 

The system known as SSL (Secure Sockets Layer) is used, which is a payment system in a secure environment, because it allows encryption of the information transmitted during the transaction, ensuring its confidentiality.

7.2 Payment by transfer or direct deposit: When finalising the order, the user will receive the instructions with the account number needed to pay for the order. The assigned order number and the user’s name must be clearly indicated on the transfer request form. To confirm your order, the transfer must be made within seven days. Otherwise, it will be cancelled in our system.

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: The right of withdrawal following the article 103, shall not apply to contracts concerning the supply of goods made according to the specifications of the consumer and user or clearly personalised, situation that happens in HABIT because the jewel is exclusively personalized for the user.

In cases where exceptionally it is not possible follow the provision of the article mentioned above the user has the right to exercise the right of withdrawal and to do so has a period of 14 calendar days from receipt of the jewel to exercise it, without penalty. The consumer must be reimbursed the full amount of the purchase, that is the price of the piece plus shipping costs, within 14 days of exercising their right of withdrawal. Regarding the shipping costs for the return of the products, these will be paid by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer shall only be liable for any decreased value of the goods resulting from the handling of these other than as necessary because of their nature, characteristics, or functioning, without this right being limited. To exercise the right of withdrawal, fill out this form  with your order number (to be reimbursed for the price of the jewel(s) within a maximum of fourteen (14) calendar days following the receipt of the order) together with your contact details. You can send it to us by email, habit@telefonica.net, or by postal mail (by any legally accepted means), always within 14 calendar days of receiving the order. Once this period has elapsed, you may only request the return or exchange of the piece(s) for technical reasons subject to the guarantee of point 10 of this terms and conditions.

You must return the product with all of the items with which it was delivered, without any damage or wear marks of any kind, and that does not denote improper use of the product or use other than as intended, to the address that we have provided. 

It is advisable to return the product in its original packaging. If this is not possible, the product could suffer a depreciation in value. The customer will be responsible for the packaging and protection of the product(s) sent as well as for any expenses derived from shipping.

Provided that the products are returned within 14 calendar days without any damage or wear marks and in compliance with the requirements established in this section, we will refund the full amount of the purchase. 

8.2 Return due to error in the order on part of HABIT: If the product does not correspond to the order due to an error attributable to the company, the user must report this by email to the company as quickly as possible. HABIT will be responsible for the cost of collecting the product sent in error and for the delivery of the correct product corresponding to the order placed.

8.3 Checking returns: The verification and checking of the products returned will be carried out by HABIT. Once the products are at its facilities, it shall verify that they have been received in compliance with all the requirements established in Section 8.1. In the case of any missing elements, we will inform you in writing by email indicating the content that is missing.

9. REFUNDS:

When the return occurs (withdrawal is exercised) the amount paid for the product plus shipping costs will be reimbursed. The return expenses will be borne by the consumer-user. The deadline for returns will be a maximum of 14 calendar days, through the same means in which the purchase was made.

10. APPLICABLE GUARANTEE AND AFTER-SALES SERVICE:

10.1. Guarantee: All products offered through the website are completely original unless otherwise indicated in their description. 

10.2 Guarantee in case of defective products: In the event of a defective product, HABIT must proceed to repair, replace, reduce the price, or terminate the contract (as appropriate); procedures that will be free of charge for the user. HABIT is liable for any lack of conformity that becomes apparent within three years of delivery. The consumer-user shall inform HABIT of the lack of conformity within two months of becoming aware of it.

11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:

Should any clause of these General Terms and Conditions be declared fully or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof to the extent that it is null or ineffective. The General Terms and Conditions will remain in force in all other respects and the aforementioned provision or the affected part thereof will be considered to have been omitted.

12. ONLINE DISPUTE RESOLUTION: 

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the user and the provider, without the need to resort to the courts of law, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement and may eventually suggest and/or impose a solution for the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

13. APPLICABLE LAW AND JURISDICTION:

These conditions will be governed by or interpreted in accordance with Spanish law unless expressly established otherwise. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these General Terms and Conditions to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers & Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU). 

14. APPLICABLE LEGISLATION:

These General Terms and Conditions are subject to the provisions of: 

European regulations governing e-commerce:

• Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive); and
• Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

Spanish regulations:

• Law 3/2014 of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users;
• Law 7/1998 of 13 April, on General Terms and Conditions of Business and subsequent amendments;
• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
• Organic Law 3/2018 of 5 December on Data Protection and the Guarantee of Digital Rights;
• Law 7/1996 of 15 January on the Regulation of Retail Trade; and 
• Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and subsequent amendments.
• Law 10/2010 of April 28, on the prevention of money laundering and financing of terrorism

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. Please send us any comments and suggestions through our contact form.

In addition, we have official claim sheets available to consumers and users. You can request them by calling our customer service department at +34 932009474 or through our contact form.