WEB POLICIES

    These Terms of Use and Purchase Conditions (hereafter, “Conditions”) set forth the terms governing the use of this website (www.tous.com). Please read these Conditions carefully, as well as the General Privacy Policy and the TOUS Cookies Policy, both available on the website itself.
    We inform you that JOYERÍA TOUS, S.A. (hereinafter, “TOUS” or the “Company”) is the company responsible for this website, with these Conditions being applicable to the use of this website (hereinafter, “Online Store”). 

    We also inform you that the company GLOBAL-E SPAIN, S.L. (hereinafter “Global-e”) is responsible for facilitating and carrying out online sales of TOUS products through this Online Store. Therefore, it is their Purchase Terms and Conditions (hereinafter, “Purchase Terms”) that are applicable to the relationship with you (hereinafter, the “Customer” or “you”), and which the Customer must therefore accept at the time of purchase. 
     
    Please read carefully these Purchase Terms and Conditions applicable to the relationship with the Customer, as well as the Global-e Privacy Policy and Cookies Policy, which are also available on the purchase form.
    The personal information or data the Customer provides us with will be handled in accordance with what is established in the  General Privacy Policy of the TOUS Group, as well as the specific privacy policies of each web form.
     
    By using this website, the Customer states that the personal data provided is accurate and corresponds to reality. Therefore, the Customer agrees to:
     
      i. Use this website only to make legally valid searches or orders.
     
      ii. Not make any false or fraudulent orders. If there are indications of falsity or fraud, the order may be canceled and the relevant authorities informed. Likewise, TOUS is not liable whatsoever for the damages and/or expenses that may result.
     
      iii. Provide your email address, postal address, and/or other contact details truthfully and correctly. Also, the Customer agrees that TOUS may use that information to contact them, if necessary.
     
      iv. Not make undue use of this website by intentionally introducing a virus, Trojan horses, worms, logic bombs, or any other program or material that is technologically harmful or damaging. The Customer will not attempt to gain unauthorized access to this website, to the server on which this website is hosted or to any server, computer or database related to the TOUS website. Noncompliance with this clause could lead to violations classified under the applicable regulations.
     
    The Customer declares that they are over 18 (eighteen) years of age and have the legal capacity to enter into contracts, and also guarantees that the purchase of the products is strictly and solely for their personal use, and not for resale, distribution or any other commercial activity. Thus, TOUS may verify, through the means it deems fit, compliance with the aforementioned requirement.

    The products offered on this website are only available for shipment in the countries that are included within the Global-e supplier’s operations. Further information can be found in the Purchase Terms available at the checkout process. TOUS undertakes to make available for purchase the products that appear for sale on the official TOUS website. To inform the Customer about the occurrence of situations that could alter the availability of a particular product, TOUS will expressly inform through its official website about those products for which there are few units for sale or, where appropriate, and for justifiable reasons, have suffered an unexpected decrease in its stock. 

    If the product purchased is not available for any of the reasons stated above, the company in charge of making the sale will inform the Customer of this circumstance by email and, according to its Purchase Terms, will offer a possible alternative. 

    In the event that, as a result of this lack of availability, the Customer decides not to replace it, they may also exercise their rights of withdrawal and termination, always in accordance with the aforementioned Purchase Terms.

    The acceptance, processing, shipping and delivery of orders will be carried out in accordance with the Purchase Terms, to which a link is also included in the purchase form, and which the Customer undertakes to have read and accepted before its confirmation.  

    If the Customer has their own account at www.tous.com, they may track their orders by visiting “My Account” and clicking on “See my orders”. There, the Customer may see their order history, along with the status of their orders. 

    If the Customer is not registered and does not have access to the “My Account” area, they can contact Global-e Customer Service directly (see section 9) to be informed of the status of their order (see “Customer Service” section). 

    The order placed by the Customer may not be accepted, in accordance with the Purchase Terms applicable to the relationship.

    If for any reason the Customer is not satisfied with the product purchased on this website, they can consult the applicable Purchase Terms to manage their return, in accordance with the methods established.  

    In this regard, the Customer is informed that they will not be able to return their purchase made online through this website at TOUS’ physical stores.  

    In regards to the right to withdraw from the contract, the Customer must also consult the Purchase Terms applicable to the relationship. Nonetheless, the Customer will not be entitled to withdraw if the product is a customized product.  

    For more information about the conditions of the return, please refer to the “Returns” area under the “Help” section”.

    The TOUS website also allows you to purchase items as a guest. In this mode of purchase, the Customer will only be asked to provide the information that is essential to process their order.  

    Once the purchase process has been finalized, the Customer will be offered the chance to register as a user or to continue as a non-registered user.

    The prices of the products shown on the website are those applied at the time of purchase. Prices may be subject to change without prior notice, but these changes will not affect the orders that have already been accepted. 

    In the event of product customization, the price may also be personalized based on automated decision-making, in accordance with the criteria objectively established by TOUS. 

    Likewise, with regard to other types of costs, such as tax rates, the company in charge of operating the sale will include them on an order basis, according to the country of destination, in accordance with its Purchase Terms.

    TOUS products are available exclusively on the TOUS website, at TOUS stores, and official distributor sales points. Buyers should be careful with products that may be sold through non-authorized channels. To avoid confusion, when purchasing from any authorized establishment, you are issued a certificate of authenticity, which certifies the legitimacy of the product and its validity regarding any imperfection in its production. 

    Since it was founded in 1920, TOUS has been striving to guarantee high quality standards on all of its products. All TOUS products have the noble metals seal: 18kt Gold (750/000) and Sterling Silver (925/000).

    TOUS guarantees the quality of the service contracted through the Online Store. All rights awarded to consumers and users under current legislation are guaranteed. 

    Non-compliance with any of these Terms and Conditions may result in the return of the products or the cancellation of the services acquired by the Customer.

    TOUS will be liable to the Customer for any non-conformity in the deliveries, within three (3) years, as established by current regulations. This warranty does not apply to damages caused by use or by inappropriate use, as well as, in general, all those excluded by current legislation.

    Unless expressly provided otherwise in these Terms and Conditions, and without prejudice to TOUS‘ liability for defective products, TOUS’ liability in relation to the expectations of the Customer who has purchased a product on the TOUS website shall be strictly limited to the purchase price of said product. 

    TOUS describes the characteristics of the products with the utmost objectivity and shows them graphically as close to reality as possible. All descriptions, product photographs, information and materials appearing on this website are provided “as is” and without guarantee that the purchased product will meet the Customer’s subjective expectations.  

    TOUS advises that, due to the configuration and resolution of the Customer’s screen and the photographic technique used, some products may appear larger or smaller than their actual size, or present color tones that differ from those perceived by the Customer. 

    The products marketed by TOUS may exhibit slight unique characteristics and, therefore, some minimal variations in their size, texture and color, which are the result of the use of natural materials in their manufacture.  

    The selection of the natural materials made by TOUS implies that these variations do not reflect the final price of the product, because the products from the different collections and models are homogeneous, are made using the latest technologies and are of the highest quality, their characteristics corresponding to those individually described on the TOUS website. 

    The Customer must not misuse this website by intentionally introducing a virus, Trojan horses, worms, logic bombs or any other program or material that is technologically harmful or damaging. The Customer will not attempt to gain unauthorized access to this website, to the server on which this website is hosted or to any server, computer or database related to our website. The Customer agrees not to attack this website through a  denial-of-service attack or a distributed  denial-of-service attack. 

    Noncompliance with this clause could lead to violations classified under the applicable regulations. We will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker.  In the event of a breach of this clause, the Customer will immediately cease to be authorized to use this website. 

    TOUS is not responsible for any damages or losses resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or materials that may affect the Customer's computer, computer equipment, data or materials as a result of using this website or downloading content from it or, where appropriate, to which it redirects.

    The Customer acknowledges and agrees that any copyright, trademark and other industrial and intellectual property rights regarding all the materials and/or content of the website belong to TOUS, or to those who granted TOUS license for their use.
    The subject transactions that can be carried out through this website are also the responsibility of the company in charge of carrying out the sale (indicated at the beginning of the document), who will ensure compliance with the corresponding due diligence measures.

    Applicable regulations require that part of the information or communications sent by TOUS be in writing. The Customer, by using this website, agrees that most of the communication with TOUS will be electronic.  

    Thus, TOUS will contact the Customer by email and by posting notices on the website itself. For the purposes of this contract, the Customer agrees to use this electronic communication method and acknowledges compliance with the legal requirement of being in writing.

    The contract is binding, both for the Customer and for TOUS, as well as for their respective successors and assignees. The Customer may not pass on, cede, encumber, or in any other way transfer a contract or any of the rights or obligations coming from it, without having obtained prior consent in writing from TOUS. 

    The Company can pass on, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations deriving from it at any time while it is in effect, without the Customer’s rights being affected in any way. 

    The failure of TOUS to demand strict compliance with any of the obligations assumed by the Customer under a contract or these Conditions, or the failure of TOUS failure to exercise the rights or actions to which it may be entitled by virtue of this contract or the Conditions, will not constitute a waiver or limitation of any kind in relation to those rights or actions, nor will it exonerate the Customer from fulfilling such obligations. 

    No waiver by TOUS of a specific right or action will imply a waiver of other rights or actions deriving from a contract or from the Conditions. 

    No waiver by TOUS of any of these Conditions or the rights or actions arising from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the Customer in writing in accordance with the aforementioned terms above. 

    These Conditions, and all documents referred to expressly in them, make up the entire existing agreement between the Customer and TOUS, in regard to their purpose. Likewise, they replace any other pact, agreement or previous promise made between the Customer and TOUS, verbally or in writing. 

    The Customer and TOUS acknowledge that they have agreed to enter into a contract without having relied on any declaration or promise made by the other party or that could be inferred from any declaration or written document in the negotiations made by both prior to it, except for what is expressly mentioned in these Conditions. 

    Neither the Customer nor TOUS has any recourse against any untrue declaration made by the other party, verbally or in writing, prior to the date of a contract (unless the untrue declaration was made fraudulently) and the only recourse available to the other party will be for breach of contract, in accordance with what is set out in these Conditions. 

    If any of these Conditions or any provision of a contract were to be declared null and void by a firm resolution from a competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of invalidity.

    TOUS reserves the right to review and modify these Conditions at any time. The Customer will be subject to the policies and Conditions in effect at the time they use this website or place each order.
    Use of the TOUS website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or to these contracts will be submitted to the non-exclusive jurisdiction of the courts and tribunals of the Customer’s domicile.