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Terms & Conditions

Terms & Conditions

Agreement to terms

A. Information prior to contracting

The contract between the provider and the user for the purchase of its products on this website, will produce all the legal effects, when the consent and other requirements necessary for its validity, established in the current regulations, under the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter Royal Legislative Decree 1/2007 of 16 November, hereinafter Royal Legislative Decree 1/2007 of 16 November, hereinafter Royal Legislative Decree 1/2007 of 16 November.

The products offered by the provider are aimed at end consumers. Therefore, we inform you, under current legislation, that a consumer is any natural person who does not perform any commercial activity, and buys for their own consumption.

All prices of the products displayed on this website are inclusive of VAT. The taxable base plus the VAT at the current rate, you will find it in the shopping cart at the end of the purchase, in the final invoice, along with the corresponding postage. The invoice will be sent to the customer at the time of purchase on this website.


B. Information to the consumer on the exercise of the right of withdrawal

The exercise of the right of withdrawal under Royal Legislative Decree 1/2007 of 16 November, according to the content of Article 68.1 "The right of withdrawal from a contract, is the power of the consumer and user to terminate the contract concluded, notifying the other contracting party within the period established for the exercise of that right, without having to justify their decision and without penalty of any kind".

This means that the user, a natural person, may exercise the right to withdraw from the purchase contract entered into with the retailer within 14 (fourteen) calendar days without the need for any justification.

 

C. Exercising the Right of Withdrawal

The consumer will have a period of fourteen calendar days to exercise the right of withdrawal. It is up to the consumer to prove that he has exercised his right of withdrawal in accordance with the provisions of the aforementioned legislation. The period of 14 days (fourteen) will be computed from the receipt of the good, by the user, object of the contract (Art. 71).

To exercise the right of withdrawal, the user must notify its decision to withdraw from the purchase contract, through an unequivocal statement (for example, a letter sent by registered mail, or email). You may use the model withdrawal form provided in this section.

Instructions for completion:

Address the letter by registered mail, or by e-mail to the following available addresses:

- By e-mail: hello@thebosphora.com
- Or, by means of a postal letter addressed to: COSAR SILVER ESPAÑA, S.L. Plaza Letamendi, 37, 4º 3ª, 08007, Barcelona (Spain).
- Contact telephone number: 664.527.589
- Enclosing, in both cases, a photocopy of your ID card or document proving your identity, under Art.15-22 of the LOPD-GDD and Art. 11 RGPD.

The withdrawal period shall begin to run from the day of acceptance of the purchase, or failing that, since the seller had knowledge of the purchase by the customer.

The right of withdrawal is subject to the following conditions:

- The products of the same order must be returned in the same shipment, not accepting returns of the same order separately.
- The products must be in their original packaging.
- The period of 14 (fourteen) calendar days from the acceptance of the purchase of the product by the customer must not have passed.
- If the product does not meet the above conditions, you will be sent an email, arguing that the exercise of the Right of Withdrawal does not proceed.
- The Provider may withhold the amount of the refund until the goods have been received.
- The cost of returning the goods shall be borne by the customer.
- The courier company for the return of the goods, may be made with any of the buyer's choice.
- It will not be possible to exercise the right of withdrawal for those orders made in a personalized way for a single customer (wedding rings, personalized jewelry, engravings...).

D. Consequences of withdrawal

If the right of withdrawal by the customer, is accepted by the provider for having fulfilled all legal requirements, it will be refunded all payments received by the same, excluding transport costs, without undue delay and, from the date on which we are informed of your decision to withdraw from this contract, provided you have exercised your right of withdrawal, within the legal period of 14 (fourteen) calendar days.
In the event that the customer exercises the right of withdrawal, shall bear the cost of return.

We will proceed to make such reimbursement using the same means of payment used by the customer for the initial transaction, unless you have expressly provided otherwise, in a reasoned manner. In any case, no costs will be incurred as a result of the refund, except for shipping costs that will be borne by the customer.

The customer when exercising the right of withdrawal, when the goods are returned to it, if they suffer a deterioration or a change in the nature or purpose of use thereof, the customer shall bear the cost of repair, which involves restoring the goods to their initial use.


2. Contracting and registration procedure

Before contracting, the customer will have at his disposal in the portal all the information related to the procedures to be followed for the conclusion of the electronic contract for the purchase of the products.

The on-line purchase procedure consists of several phases:

1st Phase: Purchase: Choose the products of the purchase by the user, and add it to the "shopping cart".
2nd Phase: User identification: The user must log in, if necessary, proceeding to fill out the form of personal and identification data by registering, accepting the conditions of purchase and privacy policy.
3rd Phase: Payment: Payment, which will contain all the amounts to be charged, means of payment, including taxes and postage, if any.
4th Phase: Confirmation of the order: Confirmation of the order by the provider, moment in which the contract is perfected under the Royal Legislative Decree 1/2007 of 16 November. Sending of the invoice, which contains the product/s that have been purchased and the description of the same, in the document itself in which the data of the buyer and seller, description of the product/s, amount, including taxes and postage.
5th Phase: Shipment: Shipment, by the provider, of the products purchased by the user, with the data provided in your registration.

For the on-line purchase process, the buyer will be required to provide the necessary data to carry out the execution and control of the purchase, including the delivery of the product and the payment of the price.
The billing data will be those contained in the user's registration. The Provider shall not be liable for any errors made by the user in the data provided for the completion of the purchase, and the user must pay special attention in filling in the forms and without prejudice to the possibility of correcting such data after the completion of the purchase.

If the User enters erroneous data during the purchase process and its correction gives rise to costs, the Provider reserves the right to charge the User for such costs or to cancel the requested purchase.

To modify your registration data, you may contact: COSAR SILVER ESPAÑA, S.L.

- By e-mail: hello@thebosphora.com
- Or, by mail addressed to: COSAR SILVER ESPAÑA, S.L. Plaza Letamendi, 37, 4º 3ª, 08007, Barcelona (Spain).
- Contact telephone number: 664.527.589
- Attaching, in both cases, a photocopy of the ID card or document proving your identity, under Art.15-22 of the LOPD-GDD and Art. 11 RGPD.

Products

We are selling fashion jewelry, made of sterling silver dipped gold 18k. Our products are designed and handcrafted in our Istanbul workshop.
 
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
 

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.

Prices

All our prices are in Euro and include VAT. Shipping costs are calculated on the buying process. Prices for all products are subject to change.
 
 
Orders and purchases

The Provider provides in a clear and understandable manner, truthful and sufficient information about the characteristics of its products, in particular about their legal and economic conditions. Therefore, the products offered for sale offer the maximum guarantee, both from a technical and legal point of view.

The on-line purchase service through this portal is regulated in the present Particular Conditions, subjecting the purchase of products to the following particularities:

- The contracting users must be over 18 years old.
- The orders of the portal will be previously requested, by the client, to the owner of the web, by means of its access to the shopping cart, being a purchase and a contract established outside a commercial establishment, under the protection of Art. 97 Royal Legislative Decree 1/2007, of November 16.
- Once the request for the purchase by the customer, will be confirmed by the seller, in writing by a digital medium and in an email account provided by the customer.
- Once the order has been confirmed by the customer, the price to be paid by the customer, the payment method chosen by the customer will be indicated on the order form together with the corresponding taxes and shipping costs to be paid.
- Once the confirmation of the order has been sent by the seller, the contract shall be deemed to have been concluded and shall be executed in accordance with the general terms and conditions of the aforementioned legislation.


Freight charges

Attached is a table with all the data of the places of distribution and prices of postage.

The postage will be free with the following conditions:

- Peninsular Spain and Portugal: For purchases over 40€ VAT included.
- In all the zone of the European Union: For purchases over 90€.
- For the rest of the countries: For purchases over 120€.

 

The Provider reserves the right to modify, temporarily suspend or cancel, at any time, the service, and to reject those purchases that do not pass the security controls established in its e-commerce systems, and in the security systems of the payment service providers that it has contracted for the management of payments in this Portal.

Shipping methods and delivery times:

- Orders must be placed before 12h so that they can be shipped on the same day, otherwise, your order will be shipped the next business day. After this time, they will be processed the next business day for shipment, starting to count from the receipt of the order, to proceed with its shipment.
- Saturdays, holidays and local holidays are excluded.
- The delivery times of the packages will be as follows: Spain Peninsular 1- 3 days, Europe, 2 - 5 days, Rest of the World, 2 - 5 days. These times may vary, depending on the place of delivery. All this information will be indicated in the purchase contract.
- Exceptions for the delivery of orders: In the Christmas season, blackfriday... In which the parcel companies have an excess of volume, it can happen that the order does not arrive in the stipulated term. For information on the delivery of your order, you can consult the website of the courier company "shipment tracking". The Provider cannot be held responsible for delays during the aforementioned periods of high volume deliveries, as well as during exceptional periods of COVID and confinement.
- For orders not available in stock, the deadline will be a maximum of 30 days or, in case it is longer, we will inform the customer of the new estimated deadline according to the new stock availability.
- Shipments to post office boxes will not be accepted.
- The Provider guarantees the processing of the order as long as there is stock in stock on the day of its arrival, or on the day payment is received.
- All orders placed will be delivered to the carrier on the next business day following the order request, unless placed on Saturdays, Sundays or holidays, in which case the order will be processed on the first business day.
- The Provider reserves the right to vary the type of shipment and the delivery company, by which the goods are transported, provided that this does not entail a manifest prejudice to the customer.
- The user is informed that at the time of delivery of the goods, if he/she is absent and a second delivery is to be made to the customer's home, the delivery charges shall be borne exclusively by him/her, or he/she must go to the delivery company's office that corresponds to him/her by proximity, to proceed to the collection of the order.

Payments

We accept payment by credit card via MasterCard, VISA, etc.
 
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
 
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Means of payment

For the payment process, we use the services of third parties and, in particular, the following payment services:

VISA CARD
PAY-PAL
MASTERCARD
Bank Transfer

All means of payment are made through the electronic payment gateway system of the financial institution Banco Sabadell, which functions as a virtual point of sale terminal. The provider of such service will request certain data from the user to make the payment, according to the payment methods offered.

Once the payment process has been successfully completed, the contract will be deemed to have been concluded, and the provider will confirm the contract by e-mail, within a maximum period of 24 hours.

For this purpose, the following documentation will be sent to the client:

- Document of electronic contracting of on-line purchase in which the personal data of the buyer and the seller are stated.
- Description of the order of the good acquired in the portal.
- Amount of the payment of the good and means of payment.
- Freight charges to be paid, if applicable.
- Taxes, fees and/or duties to be paid. It is necessary to bear in mind that the tariffs will be calculated in the country of destination according to the legislation of the same one.

In accordance with the Law of Consumers and Users, in the case of off-premise contracts, the provider makes available to its customers a means of truthful and economical information. You can contact us at
COSAR SILVER ESPAÑA, S.L.

- By e-mail: hello@thebosphora.com
- Or, by means of a postal letter addressed to: COSAR SILVER ESPAÑA, S.L. Plaza Letamendi, 37, 4º 3ª, 08007, Barcelona (Spain).
- Contact telephone number: 664.527.589
- Enclosing, in both cases, a photocopy of your ID card or document proving your identity, pursuant to Art.15-22 of the LOPD-GDD and Art. 11 RG.

 

Intellectual property rights

Intellectual and industrial property

All the contents of the Web Site, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of the provider or of third parties, whose rights in this respect are legitimately held by the owner, being, therefore, protected by national and European legislation.

Therefore, the owner of the Web Page is also the owner of the rights of exploitation of intellectual and industrial property of the same including all the contents and elements of the same (by way of example, texts, images, audio and videos), available from the Web Page, as well as those that have been hosted on third party sites either because they are their property or because they have obtained the appropriate rights for their use.

It is strictly forbidden the use of all the elements object of industrial and intellectual property for commercial purposes, as well as their distribution, modification or alteration. The infringement of any of these rights may constitute a violation of these provisions, as well as a crime punishable under Articles 270 and following of the Penal Code in force, and similar regulations.

Those users who send to the Web Site observations, opinions or comments by means of the electronic mail service or, by any other means, in the cases in which by the nature of the Services it is possible, it is understood, that they authorize the provider for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of protection of the copyright that is legally foreseen and without territorial limitation. It is also understood that this authorization is given free of charge.

Claims that may be filed by users in relation to possible breaches of intellectual or industrial property rights, on any of the services of this website, can be addressed to COSAR SILVER ESPAÑA, S.L.:

- By e-mail: hello@thebosphora.com
- Or, by postal mail addressed to: COSAR SILVER ESPAÑA, S.L. Plaza Letamendi, 37, 4º 3ª, 08007, Barcelona (Spain).
- Contact telephone: 664.527.589
- Attaching, in both cases, a photocopy of the ID card or document proving your identity, under Art.15-22 of the LOPD-GDD and Art. 11 RGPD.

No intellectual or industrial property rights are transferred to the User over the Portal, nor over any of its integral elements, and the reproduction, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them is expressly forbidden to the User, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal, private and not collective use in his computer systems (software and hardware), as long as it is not with the purpose of developing collective activities or of commercial or professional character.

The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which, in each case, have been made available, or indicated for that purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Portal).

The User must respect at all times all intellectual and industrial property rights over the Portal, owned by the provider.


Trademarks and associated logos

The brands incorporated in the Web Page belong to their owner or to third parties, having the authorization of these for their use in the Web Page.

Those who surf the Web Page are forbidden to use such trademarks, logos and distinctive signs without the authorization of the owner or license to use them.


Responsibility of the provider

The owner of the Web Page is not responsible for any damage caused to the User or third parties as a result of a breach attributable to the User nor of the alteration in the User's equipment.

Likewise, neither assumes any responsibility for illegitimate intromissions by means of the use of computer virus or other whatever its origin, the undue use of the Web Page on the part of the User nor security errors motivated by the incorrect operation of the terminal equipment used by the User.

The operation of the Web Page is supported by servers of service provider companies, connected by means of communications infrastructures that are subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

The owner of the Website will make every effort to ensure the proper functioning of the Website, however, it cannot ensure the absence of interruptions for reasons of a technical nature for the purpose of carrying out repair work, and/or maintenance or lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond its control.

Thus, access to the Web Page may be suspended due to force majeure or unforeseeable causes, or even if foreseen and foreseeable, unavoidable, such as those listed below, but not limited to:

- Failure of the electric power supply not attributable to the holder himself.
- Virus or malware attacks on the website server.
- Errors of the user himself.
- Natural causes arising from nature itself (fires, earthquakes...).
- Strikes or labor conflicts.
- Situations of force majeure.

In all the cases listed above, the Provider is exonerated from any liability in the provision of the service, for not being the cause of such reasons.

The Provider assumes no responsibility whatsoever for the Contents inserted by the Users. The User shall be liable for damages of any nature, which may be suffered as a consequence of the breach of any of the obligations to which it is subject by virtue of these General Conditions of Use, or of the Law, in relation to the Use of the Website.

Likewise, any liability for damages of any kind, including lost profits, which may be due to the services provided by third parties through the Website, as well as the means that they enable to manage service requests, and specifically, by way of example and not limited to, is excluded: For acts of unfair competition and unlawful advertising, as well as the lack of truthfulness, accuracy, completeness, vices, defects, relevance and/or timeliness of the content disseminated, stored, received, made available or accessible through the services provided by third parties through the Website.

 

User Obligations

The User may not, at any time, modify, alter or delete any data, information, content or element or content that is included in the Web Page. In order to do so, he/she must use the services correctly, in accordance with the following rules:

1. Use the Services in a diligent, correct and lawful manner and, in particular, by way of example but not limited to, and to refrain from using the Services illegally, for purposes or effects contrary to law, morality and generally accepted good customs, or public order.

2. To perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to the Provider, or to third parties.

3. Use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for the purpose of direct sales or any other commercial purpose, unsolicited messages, addressed to a number of persons regardless of their purpose, as well as to market or disclose in any way such information. The user shall be liable for damages of any nature that the provider may suffer, on the occasion or as a result of breach of any of the obligations set forth above, as well as any others included in these General Conditions and / or those imposed by law in connection with the use of the Website.

4. Include in our pages, contents that indicate or promote sexual, racial, religious discrimination or any other violation of the fundamental rights and freedoms recognized by the laws of Spain, that induce or incite to act illegally or lead to erroneous conclusions by inaccuracy, omission or similar; that contain false or outdated information, that violate legal or regulatory rules on secrecy of communications, intellectual property, right to honor and personal privacy, or that incorporate violent or degrading contents, messages or products.

5. Disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.


The provider shall at all times ensure respect for the legal system in force, and shall be entitled to interrupt, at its sole discretion, the Service or exclude a user from using the platform, proceeding to the deletion of your account on the Website in case of alleged commission, complete or incomplete, of any of the crimes or misdemeanors, or in case of observing any conduct which, in its opinion, is contrary to these General Conditions, which operate for this Website, the Law, the rules established by the Provider, or its collaborators or may disturb the good functioning, image, credibility and/or prestige of the same.

Information on the website

 
The information is provided by us for guidance only. It strives to ensure that the information is as accurate and as up-to-date as possible. However, we do not provide any warranty concerning the accuracy, detail, or the up-to-date or comprehensive nature of this information.
 
There may be information on the website that contains typographical errors, inaccuracies, or omissions—including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
 

1. Identification data

The portal www.thebosphora.com is a website belonging to COSAR SILVER ESPAÑA, S.L. with CIF B66733791 and registered in the Mercantile Registry of Barcelona, Volume 45291, Folio 126, General Section Sheet B-483.081, 1st Inscription. Its registered office is at Plaza Letamendi, 37, 4º 3ª, 08007, Barcelona (Spain). Hereinafter the provider.


2. Ownership and service provider

COSAR SILVER ESPAÑA, S.L. is a company dedicated to the wholesale and retail sale of watches and jewelry.


3. Scope of application

THE PROVIDER, as owner of the portal, is responsible for the website, and makes available to users this document with which it intends to comply with the obligations set forth in the following regulations:

- Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSI-CE), as well as to inform all its customers, regarding what are the conditions of use of the same.
- Revised Text of the General Law for the Defense of Consumers and Users and Other Complementary Laws: Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and R.D-Law 1/2021, of January 19, for the protection of consumers and users in situations of social and economic vulnerability ("B.O.E." January 20).Validity: January 21, 2021.


The user by registering on the platform, and by using our website, accepts and bindingly subscribes to the terms of use of this portal, or any other information provided as part of the services of the owner.

 

4. General Conditions of Use

These General Conditions of Use (hereinafter, the "General Conditions") regulate this website, which makes available to persons accessing the same, in order to provide all the necessary information about their goods and products, as well as the hiring of the same. Therefore, users are subject to its terms and conditions contained in these General Conditions.

The provider reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as these General Conditions, the Legal Notice or the Privacy Policy.


5. Access and security

Access to the Website Services does not require prior registration of users, only in the case of wishing to enter the online store. Users who wish to access the services of the provider, must register and provide all personal data required, and the purchase to be made.

The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the User undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the User knows or suspects the use of his/her password by third parties, he/she must change it immediately.

Provider shall not be liable for any misuse of the password by the User or any third party due to negligence or error, or for any purchases made in the User's name without the User's permission, or for any misappropriation of the User's identity, or for theft or loss of the credit card.


6. Conditions of use and navigation of the website

The present general conditions of use and navigation are intended to regulate the contractual relationship between the owner of the website, as service provider, and users who access, browse and purchase products offered on this site.

The Web Page provides the Users with information about the services of the provider. If the user continues navigating and making use of the services that we offer through our Web Page, he accepts without reservations of any type, the present Conditions.


7. Links to other websites

The Provider does not warrant or assume any liability for any damages suffered by the access to third party services through connections, links or links of the linked sites, nor for the accuracy or reliability of the same. The function of the links that appear on this web page is exclusively to inform you about the existence of other sources of information on the Internet, where you can expand the Services offered by our Website.

The Provider shall not be, in any case, responsible for the results obtained through these links or for the consequences derived from their access. These third-party Services are provided by third parties, so the Provider cannot and does not control their legality or quality. Consequently, you should exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.

Governing Law

 
These conditions are governed by Spanish law and shall be interpreted according to it, falling within the exclusive jurisdiction of the Spanish courts.

Contact us

 
To resolve a complaint regarding the website or to receive further information regarding the use of the website, please contact us hello@thebosphora.com