terms and conditions
§1 Scope, Definitions
(1) For the business relationship between HOLA AMOR ESTUDIOS and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer within the meaning of Article 3 of the Spanish General Law for the Defense of Consumers and Users (Real Decreto Legislativo 1/2007), insofar as the purpose of the goods and services ordered cannot be attributed predominantly to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person who, when concluding the contract, is acting within the scope of their commercial, business, trade, or professional activity.
§ 2 Conclusion of Contract
(1) The customer can select products from the offer and add them to a so-called shopping cart using the "Add to shopping cart" button. By clicking the "Order now" button, they make a binding application to purchase goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. By clicking the "Order Now" button, the customer declares their agreement to the validity of the general terms and conditions and the provisions on the right of withdrawal.
(2) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and can be printed. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of order, conditions, and order confirmation) is sent to the customer by email (contract confirmation). The text of the contract is stored in compliance with data protection regulations under the GDPR.
(3) The contract is concluded in Spanish or English.
§ 3 Delivery, Availability of Goods
(1) Delivery times specified by the provider are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance.
(2) If no items of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
§ 4 Retention of Title
(1) The delivered goods remain the property of HOLA AMOR ESTUDIOS until full payment has been made.
§ 5 Prices and Shipping Costs
(1) All prices stated on the provider's website include the applicable statutory VAT in accordance with Spanish tax regulations.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of their right of withdrawal.
(3) In the event of a cancellation, the customer must bear the direct costs of the return. However, if the ordered goods have been delivered incorrectly or are defective, the customer does not bear any shipping costs.
§ 6 Payment Options
(1) The customer can pay by PayPal, Klarna and Credit Card.
(2) The customer can change the payment method saved in their user account at any time.
§ 7 Warranty for material defects, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, particularly the Spanish Consumer Protection Law (Real Decreto Legislativo 1/2007).
(2) If the customer is an entrepreneur, in order to maintain claims for defects, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery. The defective items must be kept ready for inspection by the provider in the condition in which they were at the time the defect was discovered.
§ 8 Cancellation Policy
Right of Withdrawal
The customer has the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which the customer or a third party named by them who is not the carrier has taken possession of the goods
To exercise the right of cancellation, the customer must inform HOLA AMOR ESTUDIOS (help@holaamorestudios.com) of their decision to cancel this contract by means of a clear declaration (e.g. by email).
** Please note that earrings WILL NOT be refunded due to hygiene reasons.
Lost or Stolen Packages
Hola Amor Estudios is not responsible for lost or stolen packages that are confirmed to be delivered to the shipping address provided by the customer.
Hola Amor Estudios is not responsible for orders that are delivered incorrectly or lost due to incorrect shipping information being provided at checkout.
Hola Amor Estudios does not issue refunds for shipments that are lost due to an error in the address provided.
Hola Amor Estudios can not refund shipping costs for shipments that are returned to us due to an error in the address provided.
Once an order has shipped Hola Amor Estudios cannot make any changes to your shipping address.
Consequences of resignation
(1) If you withdraw fully from this contract, we will give you all payments that we have received from you, including delivery costs, to be repaid immediately and at the latest within 30 days from the day on which we received the returned goods. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We will refuse the repayment until we have received back the goods in the same condition they were sent out.
Returns of damaged items, tangled chains or items with clear signs of wearing will not be accepted and sent back to the customer.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you received them. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
(3) ATTENTION: For reasons of hygiene, earrings cannot be exchanged.
(4) Items need to be returned to:
Hola Amor Estudios at Pakajo
Reichsbahnstraße 96
22525 Hamburg
Germany
hello@holaamorestudios.com
Always add your order number to the package!
§ 9 Data Protection
(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the GDPR and Spanish Organic Law 3/2018 on Data Protection (LOPDGDD).
(2) Insofar as the customer transmits data from third parties, they assure that they have obtained the consent of the third party and release the provider from any claims in this regard.
(3) The rights of the customer regarding data protection arise from the GDPR and Spanish data protection laws.
§ 10 Dispute Settlement
(1) The EU platform for online dispute resolution can be reached at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final provisions
(1) The law of Spain applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Spain.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.
(4) In the event of discrepancies between the Spanish and English versions of the GTC, the Spanish version takes precedence.
February 2025