General Terms and Conditions
1.- These general terms and conditions govern relationships between Freshman & Freshman S.L., Apartado de Correos 643, 07080 Palma de Mallorca, Spain, hereinafter referred to as “FRESHMAN & FRESHMAN CAPITAL”, and any individual or corporate entity wishing to make a purchase or distance purchase in the FRESHMAN & FRESHMAN CAPITAL shop or from the FRESHMAN & FRESHMAN CAPITAL website “https://www.hb-finest.com.com”, hereinafter referred to as the “CUSTOMER”.
2.- FRESHMAN & FRESHMAN CAPITAL offers high end jewellery products from reputable manufacturers and designers, but does not produce or alter the products. Therefore, guarantee on the products is that of the manufacturer.
3.- The products offered by FRESHMAN & FRESHMAN as seen in our web page may not show the exact colour or brightness, and the Customer accepts that web page photographs may slightly differ from reality.
4.- The CUSTOMER warrants that any products ordered are not illegal in the CUSTOMER´s country of nationality, residency or where the product will be used, and that it is not subject to any license, permission or authorization thereof.
5.- CUSTOMER is aware and accepts that colour, brightness and shade of objects may appear slightly different in the website or catalogs, and these differences in the product are not deemed as a fault or defect.
6.- FRESHMAN & FRESHMAN CAPITAL reserves the right to refuse any order.
7.- Delivery time.
FRESHMAN & FRESHMAN CAPITAL undertakes to reasonably comply with the deadlines indicated upon confirmation of the order, but no essential date of delivery exists unless expressly specified as such in the order. In any case, FRESHMAN & FRESHMAN CAPITAL will not be liable for delays due to reasons not under her direct control including among others:
- Delays in manufacture, shipping, customs clearance and similar circumstances.
- Delays caused by the intervention of materials suppliers.
- Breach of the client´s obligations, among others, delays in agreed payments.
- Wrong data supplied by the CUSTOMER.
FRESHMAN & FRESHMAN CAPITAL will endeavour to inform the CUSTOMER of any foreseen delays in delivery.
FRESHMAN & FRESHMAN CAPITAL tries to maintain a proper stock of material, but availability of all materials and manufacturing capabilities as shown in the webpage or catalogs cannot be guaranteed to be constant. FRESHMAN & FRESHMAN CAPITAL will inform the CUSTOMER upon placing the order. The CUSTOMER may place a backorder.
FRESHMAN & FRESHMAN CAPITAL will inform the CUSTOMER about estimated restocking deadlines. The CLIENT may choose to maintain the order with these new deadlines or to cancel it, as long as such cancellation is made and notified before the backorder is placed with the manufacturer.
FRESHMAN & FRESHMAN CAPITAL reserves the right to suspend the offer of all or any products at any time for a duration determined by FRESHMAN & FRESHMAN CAPITAL, or in the event of failure in stock or failure of third parties services.
The prices of the OBJECTS shown on the catalogue published on the website “https:// www.hb-finest.com”, as well as the prices indicated for personalized orders, are given in Euros, including the VAT.
When orders are paid in the currency selected by the CUSTOMER, the CUSTOMER expressly accepts the exchange rate used by FRESHMAN & FRESHMAN CAPITAL.
For any delivery outside of EU territory, customs duties and formalities will be covered exclusively by the CUSTOMER, who undertakes to verify the possibility of importing the products to the country of delivery.
CUSTOMERS wishing to purchase a product must, without fail:
– fill out the identification sheet on which they indicate all the requested contact details;
– fill out the online order form, giving all product references (catalogue reference, size reference, measurements, etc.);
– validate their order after checking that their invoicing address and delivery address are correct;
– make payment in accordance with the established conditions;
– confirm their order and payment.
Confirmation of the order implies acceptance of these general terms and conditions. The CUSTOMER’s “click” on the “validate” button when making the order constitutes an electronic signature between the parties and has the same value as a written signature and creates the obligation to pay the full price displayed.
A confirmation email summarizing the order will be sent to the CUSTOMER by FRESHMAN & FRESHMAN CAPITAL.
Payment is made online directly using the secure payment module on the specialist company “Agile” website for card payments or “PayPal” payments. The bank card number and expiry date are encrypted and transmitted to the specialised company Agile Secure services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to FRESHMAN & FRESHMAN CAPITAL or any third party. In particular, FRESHMAN & FRESHMAN CAPITAL does not use any technical intermediary for the transmission of payment data. This information will not be reused.
Cards accepted for payment are: MasterCard, Visa and American Express.
The order amount is charged in the CUSTOMER’s card upon validation of the order by FRESHMAN & FRESHMAN CAPITAL.
Invoices will be available on the HB Finest website belonged to FRESHMAN & FRESHMAN CAPITAL in the “Your Account” section.
12.- Shipping and delivery.
The product will be delivered to the address indicated by the CUSTOMER on the order. FRESHMAN & FRESHMAN CAPITAL assumes no liability for any delays, damages or losses in delivery.
The CUSTOMER is not allowed to cancel any personalised order or any order that has been placed for the supply of goods made in accordance with customer specifications.
In other cases, the CUSTOMER may cancel the order within 14 days after the OBJECT is delivered. In this case, the CUSTOMER must deliver the OBJECT to FRESHMAN & FRESHMAN in its original package.
Address: Freshman & Freshman Capital , Apartado de Correos 643, 07080 Palma de Mallorca.
FRESHMAN & FRESHMAN CAPITAL will do its best efforts so that the images shown in the catalogue published on the website “https://www.hb-finest.com” are as faithful a representation of the product as possible.
However, because of the digital presentation method, it is possible that the products delivered may vary slightly from their presentation on the website or catalogs. Differences may result from the color quality of the photographs, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity or defects.
FRESHMAN & FRESHMAN CAPITAL cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the product, or if the personalized product fails to satisfy the CUSTOMER due to his own personal taste.
For all the stages of website access, order processing, delivery or post-delivery services, FRESHMAN & FRESHMAN CAPITAL is bound only by a best effort undertaking. FRESHMAN & FRESHMAN CAPITAL may not be held responsible for any inconveniences or damage inherent to Internet use, in particular service failure, external intrusion, the presence of IT viruses, or any qualified occurrence of force majeure, in accordance with case law.
Warranty does not apply if the client has not fulfilled all contractual obligations.
Manufacturer´s guarantee and guarantee conditions apply. These can be consulted at www.hulchibelluni.com. FRESHMAN & FRESHMAN CAPITAL does not manufacture the products and therefore is not liable for products defects or lack of conformity; although FRESHMAN & FRESHMAN CAPITAL will endeavour to assist the Customer in order to send complaints directed to the manufacturer. Warranty does not cover misuse, abuse, non-intended use of OBJECT, or lack of adequate maintenance.
No warranty will cover compensation for any damage or loss whatsoever that the CUSTOMER may have suffered or expects to suffer due to neglect. The client waives all rights to make any claim and releases FRESHMAN & FRESHMAN CAPITAL from any claims by third parties in this context.
In any event, FRESHMAN & FRESHMAN’s liability shall be limited to the total amount paid by the CUSTOMER for the current order.
16.- CUSTOMERS access, use and navigate the hb-finest website owned by FRESHMAN & FRESHMAN CAPITAL at their own risk.
17.- Intellectual and Industrial Property.
The images, drawings, designs, texts, names and logos appearing on the “https://www.hb-fines.com” website are the property of their authors and are thus protected by intellectual and industrial property rights held by FRESHMAN & FRESHMAN and/or authors or creators bound or related to FRESHMAN & FRESHMAN by a specific contract.
Any reproduction, exploitation or use, whether in Spain or abroad, of all or part of the “https://www.hb-finest.com” website and/or any OBJECT for professional use (on whatever basis, even partially) or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by FRESHMAN & FRESHMAN.
18.- Data Protection Information (Personal Data).
Please read carefully the information about how this Company will handle your personal data and other information you provide.
In accordance with the provisions of Article 13 of the Regulation (EU) 2016/679 of the European Parliament and of the council of 26 aril 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and the Spanish law on personal data protection (Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights); we inform you the following:
The responsible for processing your personal data is:
Name: Freshman & Freshman CAPITAL, S.L.
Tax ID: B16554511
Address: Apartado de Correos 643, 07080 Palma de Mallorca, Spain
Telephone number: +34.971279863
E-mail contact: [email protected]
Why and how do we treat the data you provide us with?
For the provision of the sales and the related services when applicable.
You should be aware that all the information that will be requested in the course of this relationship is necessary for the execution of the sales and proper provision of the contracted service. The concealment of information or its non-communication on your part may have an effect on the results of our sales or services or the impossibility of providing them.
What kind of personal data will we require?
Due to the type of contractual relationship established between the parties and the object of the same, personal data of special categories (medium or high security) will not be processed (i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data intended to uniquely identify a natural person, data relating to health or data relating to the sex life of a natural person).
When will your data be passed on to third parties?
We will communicate your data as required for the provision of the contracted service. FRESHMAN & FRESHMAN CAPITAL will only pass your data if this is permitted by Spanish or European data protection legislation. We work closely with some service providers, such as customer service (e.g. direct line service providers), technical service providers (e.g. data centre operations) or logistics companies (e.g. postal companies). These service providers can only process your data on our behalf under special conditions.
How long will we keep your information?
We will keep your information on file during the development of the contracted sale or service and its billing collection.
Once the sale has been executed or the services have been rendered, information will be kept until the expiry of the time limits applicable to our professional liability, our accounting and tax obligations and those deriving from data protection regulations.
What rights do you have under data protection law?
The regulations recognises the rights to access, rectification, suppression, opposition, limitation of treatment and portability, which may be exercised against this company in the cases provided for in the regulations, by means of a written request together with a copy of an official identity document, which may be sent to the postal or electronic address indicated in the first section of this information.
19.- Applicable law and jurisdiction.
These general terms and conditions are governed by Spanish law.
For any disputes the CUSTOMER accepts the jurisdiction of the Courts of Palma de Mallorca, Spain.