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TERMS & CONDITIONS

  1. GENERAL INFORMATION

 

The ownership of this website, www.temporelux.com, (hereinafter Website) is held by: David Antonio Ramírez Jiménez, provided with NIF: ES51070723M whose contact details are:

 

TEMPORE LUX WATCHES

David Antonio Ramírez Jiménez

C / Licorers, 2

07141 Marratxí

Mallorca (Spain)

info@temporelux.com

 

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (Temporelux.com) and the purchase or purchases of products and/or services therein (hereinafter, Terms).

For the purposes of these Conditions it is understood that the activity that Tempore Lux watches carries out through the Website includes:

Retail trade of watches and Jewelery

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and protection policy of data from www.temporelux.com.

By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with All of this, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he or she accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or, where appropriate, using the contact form.

 

  1. THE USER

 

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they accept, since the navigation of the Website begins, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal mandatory regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will be extended to:

  • Make use of this Website only to make inquiries and purchases or purchases legally valid.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

 

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Europe. Tempore Lux watches does not ensure that the Website complies with laws of other countries, either totally or partially. Tempore Lux watches declines all liability that may arise from such access.

The User may formalize, with his or her choice, with www.temporelux.com, the contract of sale of the desired products and / or services, in any of the languages ​​in which these Conditions are available on this Website.

 

  1. PURCHASE OR ACQUISITION PROCESS

 

Users duly registered or as guests can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of Temporelux.com, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on: “MAKE THE ORDER”.

Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Tempore Lux watches has received his or her order or request to purchase and / or provide the service, that is, the order confirmation. And, when appropriate, you will also be informed by email when your purchase is being sent. When appropriate, this information could also be made available to the User through his or her personal connection space to the Website.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. And, where appropriate, through your personal space to connect to the Website. Likewise, the User may, if he or she so wishes, obtain a copy of his or her paper invoice, requesting it from Tempore Lux watches using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, when appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / or cost of benefits; and recognizes that the realization of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Tempore Lux watches makes great efforts so that the information shown on the Website is correct, sometimes the packaging and / or the materials and / or components of the products may contain additional or different information from the one that appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the label, the warnings and / or instructions that accompany the product.

The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of temporelux.com in order to constitute a means of proof of the transactions, in any case, respecting the Reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in response to the LOPD and the rights that users attend in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use ).

 

  1. AVAILABILITY

 

All purchase orders received by Tempore Lux watches through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the item and / or the  services. If there are difficulties regarding the supply of products or there are no products in stock, Tempore Lux watches will contact the User and reimburse any amount that could have been paid. This will be equally applicable in cases where the provision of a service would become unworkable.

 

  1. PRICES AND PAYMENT

 

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially regarding to VAT, different issues are indicated and applied.

Shipping costs are not included in the final prices of the products except for shipments within Spain that will be free. For countries within the European Union, the shipping will be free if exceed the 100€ purchase as shown on the Website.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases to which the User has already received an order confirmation.

The accepted payment methods are: Credit or debit card through STRIPE, PAYPAL and Bank transfer.

Credit cards will be subject to checks and authorizations by the issuing bank. If the bank does not authorize payment, Tempore Lux watches will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

In any case, by clicking on “MAKE THE ORDER”, the User confirms that the payment method used is his or hers or that, in the case, he is the legitimate holder of the gift card or the credit card.

Purchase or acquisition orders in which the User selects the bank transfer as payment method will be reserved for 5 calendar days from the confirmation of the order, to allow sufficient time for the bank transfer to be taken into account by the system of payments used by Tempore Lux watches for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that he or she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Tempore Lux watches will not be able to validate the order, which will be canceled.

 

  1. DELIVERY

 

In the cases in which the physical delivery of the contracted asset should be made, the deliveries will be made to all the countries of the world that appear in the database of the web when the shipping forms are filled out.

Except for those cases in which there are unforeseen or extraordinary circumstances or, when appropriate, derived from the personalization of the products or orders of the Pre-Order, the purchase order -consisting on the related products in each confirmated  purchase- will be delivered within the deadline indicated on the Website.

If for any reason, which is attributable to Tempore Lux watches, Tempore Lux watches could not do the delivery on date, Tempore Lux watches will contact the User to inform him of her of this circumstance and, he or she may choose to proceed with the purchase by establishing a new delivery date or cancel the Order with full refund of the price paid. (Not applicable for pre-order orders).

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to be delivered it again to the User.

If the User is not going to be at the place of delivery in the agreed time slot, he or she must contact Tempore Lux watches to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for cause not attributable to Tempore Lux watches, Tempore Lux watches will understand that the User wishes to withdraw from the contract and it will be deemed resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User’s own choice of a delivery method different from the less expensive modality of ordinary delivery offered by the Website , without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to it.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User, acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be responsability of the User from the moment of delivery. The User acquires ownership of the products when Tempore Lux watches receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount paid to Tempore Lux watches.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the Spanish VAT application territory if The delivery address is in Spanish territory or countries of the European Union except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.

 

  1. TECHNICAL MEANS TO CORRECT ERRORS

 

The User is informed that in case he or she detects that an error has occurred when entering data necessary to process his or her purchase request on the Website, he may modify them by contacting Tempore Lux watches through the spaces of Contact enabled on the Website, and, when appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.

In any case, the User, before clicking on “PLACE THE ORDER”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.

 

  1. RETURNS

 

In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:

 

Right of Withdrawal

 

The User, as a consumer and user, makes a purchase on the Website and, therefore, him or her is assisted with the right to withdraw from the purchase within a period of 14 calendar days without justification.

This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him or her, other than the carrier, acquired the material possession of the goods acquired on the Tempore Lux watches Website or in case the goods that make up your order delivered separately, within 14 calendar days of the day that the User or a third party authorized by him or her, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify Tempore Lux watches of his or her decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through: info@temporelux.com.

The User, regardless of the means he or she chooses to communicate his decision, must express clearly and unequivocally that it is his or her intention to withdraw from the purchase contract. In any case, the User may use the withdrawal model  form that Tempore Lux watches makes available as part annexed to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, Tempore Lux watches will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least expensive mode offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Tempore Lux watches is informed of the decision to withdraw by the User.

Tempore Lux watches will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Tempore Lux watches may withhold such reimbursement until it has received the products or items of the purchase and verify its condition and packaging.

The User can return or send the products to Tempore Lux watches to:

 

TEMPORE LUX WATCHES

David Antonio Ramírez Jiménez

C / Licorers, 2

07141 Marratxí

Mallorca (Spain)

info@temporelux.com

 

And you must do so without undue delay and, in any case, at the latest, within 14 calendar days from the date on which Tempore Lux watches was informed of the withdrawal decision.

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustive, this would be the case of: customized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment by him or her that he or she is aware that, once the contract has been fully executed by Tempore Lux watches, he will have lost his or her right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, or products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

In the following link you can download the Model withdrawal form:

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, he or she must contact Tempore Lux watches immediately and let Tempore Lux watches know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund is due or, where appropriate, the replacement thereof .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be applied.

 

Guarantee

 

The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, responding Tempore Lux watches, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product.

Therefore, all Tempore Lux watches have an extended international warranty of 2 to 3 years from the date of purchase indicated on the invoice. This warranty includes movement, case, dial, hands, crown and bracelet / strap. The warranty excludes any problem that occurs due to misuse and / or damage to the watch. Normal wear is also excluded by the use of all its components. In addition, any work performed by an unauthorized third party will void the warranty.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Tempore Lux watches and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Returning defective products or shipping error.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufacturing by a third party. In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years after delivery of said products. For this, the User must have retained all the information in relation to the product warranty.

 

  1. EXEMPTION OF LIABILITY

 

Unless otherwise provided by law, Tempore Lux watches will not accept any responsibility for the following losses, regardless of their origin:

 

  • Any losses that were not attributable to any breach by Tempore Lux watches.
  • Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.

 

Likewise, Tempore Lux watches also limits its liability in the following cases:

 

  • Tempore Lux watches applies all measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur  or others of this nature.
  • Tempore Lux watches will act with the utmost diligence in order to make available to the company responsible for transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general, any other characteristic of the sector, which result in delays, losses or theft of the product.
  • Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Tempore Lux watches puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure.
  • Tempore Lux watches will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Tempore Lux watches will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the product correctly.

 

In general, Tempore Lux watches will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure , and this may include, by way of example but not exhaustive:

o Strikes, lockouts or other claims.

o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

o Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions of any government or public authority.

 

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Tempore Lux will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure.

Tempore Lux watches will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure.

 

  1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

 

By using this Website, the User accepts that most of the communications with Tempore Lux watches are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that Tempore Lux sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Tempore Lux watches through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Tempore Lux watches may contact and / or notify the User by email or at the postal address provided.

 

  1. DISCLAIMER

 

No waiver of Tempore Lux watches to a specific right or legal action or the lack of requirement by Tempore Lux watches of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or Conditions, nor will the User exonerate the fulfillment of his or her  obligations.

No waiver of Tempore Lux watches to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.

 

  1. NULLITY

 

If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by the declaration of nullity.

 

  1. COMPLETE AGREEMENT

 

These Conditions and any document referred to expressly in these, constitute the entire agreement existing between the User and Tempore Lux watches in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Tempore Lux watches acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

 

  1. DATA PROTECTION

 

The information or personal data that the User provides to Tempore Lux watches in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

 

  1. APPLICABLE LEGISLATION AND JURISDICTION

 

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Tempore Lux watches and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

  1. COMPLAINTS AND CLAIMS

 

The User may send to Tempore Lux watches their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Tempore Lux watches has official complaint forms available to consumers and users, and they can request Tempore Lux watches at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a controversy arises from the conclusion of this purchase contract between Tempore Lux watches and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with EU Regulation No 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online litigation in matters of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/.

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