This document establishes the terms of use for the website www.brotjewellery.com (hereinafter, the "Website") and the terms and conditions for purchasing products through it (hereinafter, the "General Conditions"). Our
Privacy Policy and
Cookie Policy also form an integral part of these General Conditions.
Access to and browsing of this website, or use of its services, implies express and full acceptance of these General Conditions and the documents mentioned therein. Therefore, we recommend that you read them carefully. If you do not agree with their content, you should not use this website. If you have any questions about the General Conditions or the
Privacy and Cookie Policies , you can contact us through any of the means described below.
1. LEGAL IDENTIFICATION
The owner of this website is Júlia Ventura Rosa , acting under the Brot brand (hereinafter, “ BROT ” or “we”), with NIF number 48084339X and registered office at Tamarit 108, pral 1º, 08015 Barcelona, Spain.
2. PURPOSE AND SCOPE OF APPLICATION
These General Conditions regulate the purchase and sale of jewelry products offered by Brot through the Website, exclusively aimed at end consumers, in accordance with the definition of Royal Legislative Decree 1/2007, of November 16 (Consumer Law).
3. CONDITIONS OF USE OF OUR WEBSITE
Access, navigation and use of the Website confers the status of user (hereinafter, the “User”).
The User declares to be over 18 years of age, to have sufficient legal capacity to enter into contracts through this Website, and undertakes to make diligent, responsible, and lawful use of the Website and all the information contained therein, assuming, among others, the following obligations:
- Use the Website only to make legally valid inquiries or orders.
- Do not place false or fraudulent orders, or register using inaccurate information or impersonating third parties. Brot may cancel any order it reasonably suspects of fraud and, if appropriate, inform the competent authorities.
- Provide accurate, complete, and up-to-date contact information (email address, postal address, and other information necessary for proper order processing).
- Do not carry out any action that may damage, overload, or impair the functionality of the Website or prevent its normal operation.
- Do not use the contents of the Website for illegal purposes or purposes contrary to the interests of Brot, other users, or third parties, nor carry out acts that infringe intellectual or industrial property rights.
- Please check these General Conditions periodically, as they may be updated without prior notice.
The inclusion of links (hyperlinks) for commercial purposes on third-party websites that redirect to the Website is expressly prohibited without the express prior authorization of BROT. The existence of links on third-party websites to Brot does not imply, under any circumstances, the existence of a contractual, commercial, or other relationship between BROT and the owner of the website containing the link, nor the acceptance or approval of its contents or services.
The User shall be liable for all damages that BROT or third parties may suffer as a result of non-compliance with these conditions or applicable legislation in relation to access to or use of the Website.
4. PRODUCT INFORMATION
BROT provides a detailed description of each product, including materials, features, and prices (VAT included). This information is subject to change without notice.
Some products allow customization options. These will be clearly indicated on the product sheet and may have specific conditions (production time, return policy, etc.).
5. AVAILABILITY AND OFFERS
All orders are subject to availability. If delivery is unavailable, the customer will be notified as soon as possible and offered the option of an exchange or refund.
Offers and promotions published on the Website will be valid for the indicated period or while supplies last.
6. ORDERS
6.1. Purchase process
Users may purchase on the Website using the established methods and methods. To do so, they must follow the online purchasing process, during which one or more products may be selected and added to the shopping cart, and finally, payment must be made securely through the enabled gateway.
Likewise, the User must complete and verify the information requested at each step. However, during the purchasing process, before making the payment, the purchase details can be modified.
If your offer is accepted by BROT, you will receive an email confirming that your order has been processed (hereinafter, the "Order Confirmation"). We will also inform you by email that the product has been shipped (hereinafter, the "Shipping Confirmation"). The contract for the purchase of a product will only be concluded when we send you the Shipping Confirmation.
6.2. Information and personal data
By placing an order, you agree that all information and personal data provided is true and accurate, and that you authorize us to pay for the items ordered using the appropriate credit or debit card and that there are sufficient funds in the relevant account to cover the cost of the order.
Communications, purchase orders and payments that occur during transactions carried out on the Website may be archived and kept in BROT's computerized records in order to constitute a means of proof of the transactions, in all cases, respecting reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly taking into account the LOPD and the rights that assist Users in accordance with the
Privacy Policy of this Website.
6.3. Right to refuse an order
Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion. If your offer is not accepted and your account has already been charged, you will be fully refunded.
7. PRICE AND PAYMENT METHODS
7.1. Price of the products
The price of the products will be as stipulated at any given time on the Website, unless there is obvious error. These prices include VAT, but exclude shipping costs, which will be added to the total amount due, as detailed prior to order confirmation.
Prices may change at any time. Under no circumstances will these changes affect orders for which a Shipping Confirmation has already been sent.
7.2. Payment methods
The User may choose to use the payment methods established at the end of the payment procedure.
By making payment, you confirm that the credit card is yours. To minimize the risk of unauthorized access, your credit card information will be encrypted. Credit cards are subject to verification and authorization by the card issuer, but if the issuer does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any contract with you.
8. SHIPMENTS
Deliveries will be made within the following territories: Spain and Europe.
BROT ships through third-party logistics providers. Orders will be delivered to the address provided by the customer during the purchasing process or can be picked up, if available, at the BROT workshop located at Calle Villarroel 46, Bajos 2, 08011 Barcelona.
Shipping times will be indicated during the purchase process. However, these times are indicative and may be affected by circumstances beyond BROT's control, including delays by the shipping company, holidays, or force majeure.
For personalized or custom-made products, shipping times may vary and will be specifically stated on the product page or during the purchasing process.
If, for any reason attributable to BROT, the delivery date cannot be met, the User will be contacted to inform them of this circumstance. The User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
Any applicable shipping costs will be communicated before completing the purchase. Occasionally, shipments to countries outside the EU may incur additional fees and taxes, which in all cases will be the customer's responsibility.
If delivery is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.
For the purposes of these General Conditions, delivery or the order will be deemed to have occurred when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
Any risks associated with the products will be borne by the User from the moment of delivery. If the User hires a carrier on their own, the risk will be transferred when BROT delivers the order to the carrier chosen by the User.
9. EXCHANGES AND RETURNS
BROT provides Users with a clear exchange and return system, in accordance with current legislation and adapted to the specific characteristics of its products and sales processes.
9.1. Term
The User may request a return or exchange of a product purchased through the Website within 14 calendar days from the date of receipt of the order.
9.2. Requirements
The product must be in perfect condition, unused, and in its original packaging (including case, labels, instructions, and other items included).
BROT may reject returns and exchanges that do not meet these requirements or apply a proportional reduction in the amount to be refunded in the event of deterioration attributable to the User.
The User must send the product within a maximum period of 5 calendar days from the notification of withdrawal or exchange request.
9.3. Excluded products
No returns or exchanges will be accepted in the following cases:
- Customized products, made to measure or made according to the User's specifications
- Products that show signs of use, manipulation or deterioration
- Requests made outside the established deadline
- These conditions apply without prejudice to the User's rights in the event of a defective product or error on the part of BROT.
9.4. Procedure
To request an exchange or refund, the User must send an email to
hola@brotjewellery.com , indicating the following information:
- Full name
- Email address used in the order
- Order number
- Product(s) you wish to return or exchange
- In case of change: desired product
- (Optional) Reason
BROT will confirm receipt of the application and indicate the steps to follow depending on the chosen method.
9.5. Return methods
The User has three ways to send us the product:
a) Shipping at the User's expense
The product may be sent by any means the User deems appropriate to the following address:
BROT JEWELLERY
Villarroel Street 46, Ground Floor 2
08011 – Barcelona (Spain)
It is recommended to use a courier service with a tracking number. BROT is not responsible for packages lost or damaged during transit.
b) Return managed by BROT
Available only for returns from Spain and other European Union countries. Once the request has been processed, BROT will provide an automated logistics solution. The cost of this service will be deducted from the refund amount, unless the return is due to a cause attributable to BROT.
The User may return the product in person, by appointment, to the BROT workshop located at the indicated address.
9.6. Product Changes
Changes will be subject to stock availability and prior review of the original product by BROT.
In case of price difference:
- If the new product is priced higher, the User must pay the difference before the new shipment is made.
- If the new product is priced at a lower price, the User may choose between receiving a voucher for the remaining amount (valid for 12 months) or requesting a partial refund.
For orders shipped to Spain (mainland and the Balearic Islands), the first product exchange is free: the user will only bear the cost of the return, while BROT will cover the cost of shipping the new product.
In the case of additional changes to the same order, or for orders with international destinations, all logistics costs will be borne by the User.
Return costs will only be borne by BROT in the event of an error or defect in the product attributable to BROT.
9.7. Refunds
The refund will be issued using the same payment method used for the purchase, within a maximum of 14 calendar days from receipt of the request. However, BROT may withhold the refund until it has received the returned product or until the User has presented valid proof of shipment.
BROT will reimburse the initial shipping costs only if the customer has not chosen a shipping method other than the least expensive standard delivery option. Otherwise, the initial shipping costs will be borne by the customer.
The customer will be responsible for the cost of the return, either by handling it themselves or using the return system provided by BROT, the amount of which will be deducted from the refund. In the case of international returns, the customer is responsible for sending the package with taxes and shipping prepaid. Otherwise, the package will be automatically returned and the request will be rejected.
Return costs will only be covered by BROT in the event of an error or defect in the product.
9.8. Products on sale or on sale
Products purchased during promotional campaigns or sales can be returned or exchanged. In all cases, the refund will be based on the amount paid.
In the event of an exchange for a different size or variant of the same product, even if it is no longer discounted, the price difference will not be applied.
In the event of an exchange for a different product with a higher price, the User must pay the difference before the new shipment.
10. WARRANTY
Products purchased through the Website have a legal warranty of 3 years from the date of delivery.
Products will be deemed to be compliant provided that:
- They conform to the description made by BROT and have the characteristics indicated in their product sheet;
- Be suitable for ordinary use of products of the same type;
- They offer the usual quality and performance that can reasonably be expected.
The warranty does not cover damage resulting from improper use, normal wear and tear, impacts, accidents, contact with chemicals, or lack of maintenance. Any variations inherent to the nature of the product, such as natural materials or artisanal processes, will not be considered defects.
In the event of non-compliance, the User must contact BROT via the email address
hola@brotjewellery.com , indicating the order number, a description of the defect and, where applicable, photographs of the affected product.
BROT will assess the incident and, if applicable, will assume the return costs and, as appropriate, manage the repair, replacement, price reduction, or full refund of the product, at no cost to the User.
11. WORKSHOPS
11.1 Reservation and payment
Your place is only confirmed after receiving full payment for the workshop through the platform enabled on the Website. Upon completion of the purchase, the User expressly accepts this cancellation policy.
11.2. Cancellation by the customer
BROT will not refund the amount paid. However, if the User gives at least seven (7) calendar days' notice prior to the workshop date, they may choose between:
-
Change your place to another edition of the same workshop (subject to availability), or
-
Receive a voucher for the full amount, valid for 6 months, for any other BROT workshop or course.
Changes and vouchers are not accepted with less than 7 days' notice.
11.3. Transfer of place
If the User ultimately decides not to attend, they can transfer their spot to another person at no additional cost. In this case, the User must notify BROT, via email and at least 24 hours in advance, of the new attendee's full name and contact information.
11.4. Cancellation or modification by BROT
If BROT cancels the workshop or changes the date, the User will have the right to:
12. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, BROT's liability for products purchased through the Website shall be limited to the total amount paid by the User in the corresponding transaction.
BROT shall not be liable for the following situations, unless they arise from intent or gross negligence directly attributable to the company:
- Minor variations in the product received, resulting from the nature of the materials used or the artisanal production process. These variations are part of the uniqueness of each piece and will not be considered defects or non-conformities.
- Differences in color, texture, or shape caused by the viewing conditions of the Website (such as screen resolution, browser, operating system, or other technical factors).
- Delays, losses, or damages during transport when these are attributable to external causes, such as strikes, blockades, logistical issues at the operator's premises, or events beyond BROT's control. In all cases, BROT will act with the utmost diligence to facilitate delivery within the planned timeframe.
- Technical errors or unavailability of the Website, whether due to maintenance, updates, server outages, or any other reason that temporarily prevents access or proper functioning of the platform.
- Misuse, manipulation, or inadequate maintenance of the products once delivered to the User, as well as deterioration resulting from normal use, impacts, contact with external agents, or unspecified chemical substances.
- Incorrect returns made by the User. The User will be responsible for ensuring that the applicable product is returned correctly, in proper condition, and with the required components.
Likewise, BROT will not be liable for indirect losses such as: loss of income or sales, loss of business opportunities, loss of profits, business interruption, or loss of data.
In the event of force majeure , understood as any unforeseeable and unavoidable event or situation beyond BROT's reasonable control (including, but not limited to: natural disasters, pandemics, wars, government restrictions, power outages, telecommunications or transportation failures), contractual obligations will be suspended for the duration of the situation. Therefore, we will not be liable for any failure or delay in the performance of any of our obligations when such failure or delay is due to events beyond our reasonable control. In any event, BROT will take all reasonable measures to restore performance as quickly as possible.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the Website, including but not limited to: texts, images, designs, logos, photographs, videos, illustrations, files, trademarks, trade names, as well as the design of the Website itself, its navigation structure and source code (hereinafter, the "Contents"), are the exclusive property of Júlia Ventura Rosa, owner of the BROT trademark, or are used with the express authorization of their legitimate owners.
The User acknowledges that such Content is protected by current intellectual and industrial property regulations, and that its improper use may give rise to civil and/or criminal liability.
It is strictly prohibited:
- Reproduce, distribute, publicly communicate, transform or modify, in whole or in part, any content of the Website without prior express authorization from BROT.
- Use, copy, or reproduce photographs, videos, product descriptions, or brand visual identity for commercial or competitive purposes.
- Register trademarks, domains, designs, or trade names that are similar or likely to cause confusion with the distinctive elements of BROT.
- Introduce hyperlinks from third-party websites for commercial purposes without prior written authorization from BROT.
The User's use of the Website does not imply any transfer, waiver, or transfer of any intellectual or industrial property rights over the Content.
Any unauthorized use by the User may be prosecuted in accordance with current legislation, and BROT reserves the right to take all legal action to defend its rights and legitimate interests.
14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This Agreement is binding on both you and us, and on our respective successors, assignees, and legal representatives. You may not transfer, assign, encumber, or otherwise transfer this Agreement or any of your rights or obligations arising under it without our prior written consent. We may transfer, assign, encumber, subcontract, or otherwise transfer this Agreement or any of your rights or obligations under it to or for you at any time during the term of this Agreement. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect your statutory rights as a consumer, nor will they invalidate, reduce, or otherwise limit any express or implied warranties we may have granted.
15. DATA PROTECTION AND COOKIES
Personal data collected during the purchasing process will be processed in accordance with our
Privacy Policy .
In addition, the Website uses cookies. You can consult our
Cookie Policy , which respects your confidentiality and privacy at all times.
16. WRITTEN COMMUNICATIONS
Applicable law requires that some information or communications we send you be in writing. By using this Website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this Website.
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.
Likewise, the User may contact us in writing at:
17. WAIVER
Our failure to require strict performance of any of your obligations under any agreement or these Terms and Conditions, or our failure to exercise any of the rights or remedies available to us under any such agreement or these Terms and Conditions, shall not constitute a waiver or limitation of those rights or remedies nor relieve you from those obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other right or remedy arising from any agreement or the General Conditions. No waiver by us of any of these conditions or any of the rights or remedies arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing.
18. PARTIAL NULLITY
If any of these General Conditions or any provision of a contract is declared invalid by a final decision issued by a competent authority, the remaining clauses will remain in force and will not be affected by such declaration of invalidity.
19. INTEGRITY OF THE CONTRACT
These General Conditions and any documents referenced herein constitute the entire agreement between the User and BROT and supersede any previous agreement, understanding, or promise made between the User and us, whether verbal or written.
20. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the content of these General Terms and Conditions. Modifications will not be retroactive. If you do not agree with the modifications, we recommend that you do not use our Website.
21. APPLICABLE LEGISLATION AND JURISDICTION
These General Conditions are governed by Spanish law. In the event of a dispute or conflict, the parties shall, at their sole discretion, submit to the jurisdiction designated by current regulations as competent when the User is a consumer. Otherwise, the applicable jurisdiction shall be the courts of Barcelona, with express waiver of any other jurisdiction.