Terms of service

1. Responsible for the service The sale of the products shown through www.damjoyeria.com is carried out by DAM Joyeria (hereinafter known as “DAM Joyeria”), a trademark registered under the laws of the Mexican Republic, with registered address in Pocito 9, Col. Villa de los Frailes, San Miguel de Allende, Gto. You can contact us and be contacted through the following communication channels: Email: contacto@damjoyeria.com Website: www.damjoyeria.com Social networks: Facebook, Instagram and Pinterest. If you have any questions about our Services (this term is defined below) you can contact us in the aforementioned attention channels. In the event that we have received your request in non-business days or hours, it will be considered submitted as of the next business day. In case we need to contact you we will do so through the email you have registered. 2. Acceptance of the Terms and Conditions By using the Website and / or registering as a user of the DAM Joyeria page and / or making a purchase, you agree to comply with these Terms and Conditions and authorize that DAM Joyeria use your information for the purposes contemplated in our Privacy Notice available on the Website. Therefore, we recommend that, prior to using the Website Services, you carefully read these Terms and Conditions, as well as our Privacy Notice, since they may be updated and / or modified by DAM Joyeria at any time. . If you do not agree with these Terms and Conditions, you must refrain from using the Website and, consequently, from registering as a User and / or making any purchase. 3. Definitions For the purposes of the provisions of these Terms and Conditions, the following definitions will be used: a) Privacy Notice: It is the physical, electronic document or in any other format generated by DAM Joyeria and that is made available to the person to which the personal data correspond, prior to the processing of your personal data. b) Products: Refers to the products and / or services that DAM Joyeria Users can purchase. c) LFPC: Federal Consumer Protection Law. d) LFPDPPP: Federal Law on Protection of Personal Data in Possession of Private Parties. e) Platform: Computer system implemented by DAM Joyeria so that the User can purchase products. f) PROFECO: The Federal Attorney for Consumer Protection. g) Services: Those described in number 4 of these Terms and Conditions. h) Website: The site www.damjoyeria.com i) Terms and Conditions: Refers to these Terms and Conditions, which establish the form and substance that will govern the use of the Website and the purchase and sale of the Products marketed by DAM Joyeria. j) Profile: Refers to the User's account to access the DAM Joyeria website and be able to purchase the products marketed by DAM Joyeria. k) User: It is the person who visits the Website or registers in it to receive the Services and / or Products offered by DAM Joyeria. 4. Services The Services provided by DAM Joyeria consist of providing access to the Website, where the products marketed by DAM Joyeria are displayed in a virtual way, as well as offering registered Users the possibility of acquiring said products in accordance with the marketing specifications offered by DAM Joyeria. 5. Conditions of use of the Website By using the DAM Joyeria Website, you guarantee and acknowledge, under protest of being the truth, that: a) You are of legal age; b) You expressly accept these Terms and Conditions, which you have read and understood in their entirety, and express your consent to use electronic means as a form of contracting; c) That it has full legal capacity to enter into contracts; d) The information you provide is true, complete, accurate and current; e) DAM Joyeria may carry out the processing of your personal data in the terms established in the Privacy Notice for the Website. DAM Joyeria may cancel or restrict your User account if any improper use is detected, understanding as improper use, but not limited to, the following cases: a) Access data not intended for the User or log in to a server or account in which the user is not authorized to access it. b) Attempt to interfere with the service to any user, host or network, including, without limitation, through the sending of viruses to the Website, overloading, flooding, spam, mail bombing or failures. c) Send unsolicited mail, including promotions and / or advertising of products or services. Attempt or carrying out fraudulent activities, including, without limitation, the falsification of identities or forms of payment. 6. Purchase of Products The products marketed by DAM Joyeria are those that are displayed virtually on the Website at the time the User makes the purchase, as described and specified on the corresponding product page that appear on the website. The User accepts that the images contained in the page on which the Products are displayed within the Website have the sole purpose of providing information and may not perfectly represent some characteristics of the Products, as well as have differences in terms of their texture. , color, brightness, dimensions and / or materials, these characteristics are mentioned in an enunciative way but not limitative. The foregoing derived from the display of images on the Website. The prices of the products displayed on the Website include VAT and other taxes that may correspond to them. The foregoing, regardless of the shipping costs that may or may not be generated. These amounts will be indicated to the User prior to placing their order, so that they can accept or stop ordering the Products. In order to make a purchase on the DAM Joyeria Website, you must do the following: a) Read these Terms and Conditions carefully; b) Review and agree with the characteristics and price of the Products; c) Provide DAM Joyeria with the necessary data to collect the products requested by the User; d) Provide DAM Joyeria with the necessary data to send the products requested by the User; DAM Joyeria will deliver to the User the invoice, receipt or voucher, which contains the specific data of the sale made, in terms of the applicable legal provisions. 7. Obligations of the User when using the Website To make use of the Services of the DAM Joyeria Website, the User will have to comply with the following obligations: a) Provide and keep their exact information correct and updated. For the above, the User must take the necessary steps so that their information is duly updated. b) Adopt the security measures that are necessary to protect your information such as antivirus, firewalls, among others. c) If you detect an abnormal situation related to the use of your Profile, you must notify DAM Joyeria at the email address contacto@damjoyeria.com. g) Make proper and lawful use of the Website. h) Not infringe the intellectual property rights over the Website and any other of the Products marketed by DAM Joyeria. i) Use the Website in accordance with the provisions of these Terms and Conditions. j) Not to engage in any illegal conduct or action while using the Website. In case of breach of the aforementioned Obligations, DAM Joyeria will have the right to cancel the Services, without prior notice and / or cancel the User's account. 9. Warranty DAM Joyeria Products are guaranteed for 6 months from the date of purchase against any manufacturing defect or malfunction of their systems. The guarantee will not apply to products that, according to the evaluation of our workshops, have been used incorrectly or have had any modification made, as well as theft or total or partial loss of the part or its components. The warranty on parts and pieces other than silver has a limited warranty on the characteristics of the material. All of our parts are fifth-grade to ensure their authenticity, as well as our quality assurance that such products are free from manufacturing defects. 10. Changes and returns DAM Joyeria allows the exchange of its products for another of equal value within 30 days from the original purchase date, only if the product is in perfect conditions of sale, without damage, inside its packaging original, with all labels intact and upon presentation of the original invoice / sales receipt and warranty booklet. Exchanges for custom, engraved and / or discontinued parts are not allowed. For any repair or product change, it is essential to present the purchase receipt. Returns are only allowed for sales at www.damjoyeria.com, we accept returns with reimbursement through the payment method used by the User, within 30 days from the invoice date only if the product is in perfect conditions of sale , undamaged, with all labels intact, in their original packaging and upon presentation of the original invoice / sales receipt. For any repair, exchange or return it will be essential to show this receipt / invoice. Replacement of any part under warranty will be subject to applicable shipping charges and taxes. In case you need to return a Product, you should contact to receive advice on how to make the change through contacto@damjoyeria.com. 11. End of the legal relationship with DAM Joyeria These Terms and Conditions will be applicable until the termination of the legal relationship arising from any of the following reasons: a) DAM Joyeria may cancel or restrict your User account if any improper use of the site and the services offered therein in accordance with number 5. of these Terms and Conditions. The User acknowledges that these Terms and Conditions will be applicable at all times of the legal relationship to the use that the User makes of the Platform. 12. User rights In accordance with the provisions of the Federal Consumer Protection Law and other applicable regulations, as a Consumer you have the following rights when using our Services: a) Know the identity and contact details of DAM Joyeria (see section 1 ) to request clarifications or submit claims. b) Know all the information about the terms, conditions, costs, additional charges, where appropriate, forms of payment of the goods and services offered by DAM Joyeria. c) Receive timely, complete, clear and truthful information in relation to advertising and the Services and Products. d) Choose freely the hiring of our Services and Products. e) That the services we offer are provided in conditions of quality and safety. f) Not to be discriminated against for reasons of sex, race, religion, economic condition, nationality, sexual orientation, for having a disability or any similar reason. g) Right to be compensated or subsidized in the cases that are appropriate. h) That your personal data be treated confidentially. i) Go to PROFECO or any other competent body for the defense of their rights. 13. Privacy and data protection DAM Joyeria only collects personal information from Users when they register on our Website, as well as when they interact with its content. Confidentiality and effective protection of said information is essential for DAM Joyeria, who will maintain adequate protection, in accordance with the principles and obligations provided by the LFPDPPP and other applicable regulations, in order to ensure the security, integrity and privacy of the information collected. and processed on the Website. To know the general conditions to which the processing of your personal data is subject, as well as to exercise the rights that the regulations provide, we advise you to consult our Privacy Notice published on the Website. 14. Intellectual Property The brands, logos, graphics, photographs, animations, videos and texts that appear on the Website are the intellectual property of DAM Joyeria, which are protected by Mexican intellectual property laws, and may not be reproduced in part or not fully used or represented without the express written authorization of DAM Joyeria and / or its associated companies or representatives, under threat of legal action. The Services, Products and all rights relating to them are and will remain the property of DAM Joyeria. Neither of these Terms and Conditions nor your use of the Website transfer or grant you any rights: a) Over or in relation to the Services and / or Products, except for the limited license previously granted; or b) To use or mention in any way the company names, logos, product and service names of DAM Joyeria. Therefore, the modification, copying, reproduction, downloading, dissemination, transmission, commercial exploitation and / or distribution of any type of content, services, tools, site pages, computer codes or other elements that make up the Platform is prohibited. 15. Applicable regulations and policies in case of controversy In case of controversy, both the User and DAM Joyeria are subject to the provisions of the LFPC and other regulations of the competence of PROFECO to settle any controversy between the Parties. Notwithstanding the foregoing, in case of controversy, divergence, claim or doubt due to the interpretation, application, execution, compliance, resolution, termination of this agreement, as well as compensation for the resulting damages, the User and DAM Joyeria expressly submit to the jurisdiction of the Courts of San Miguel de Allende, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile. 16. Nullity In the event that any clause of these Terms and Conditions is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Terms and Conditions. DAM Joyeria may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by DAM Joyeria or prescription of the action that in each case corresponds. 17. Modification of the Terms and Conditions DAM Joyeria reserves the right to modify, at any time, the presentation and configuration of the Application, as well as these Terms and Conditions. Therefore, DAM Joyeria recommends that the User read them carefully each time they access the Application and / or through the Website. Last update: 2020.