General Terms and Conditions

1. Object

1. These general terms and conditions of sale ("General Terms and Conditions") apply to all contracts concluded - in the manner described below - between JERELYN JERVIS CREADO (Vat Code No. 02551420207), and legal seat at Via Alfredo Catalani n. 20, Castiglione delle Stiviere - MN (hereinafter "Jerelyn Creado" or the "Company") and the Client, as identified in accordance with the consumer code referred to in Italian Legislative Decree 206/2005 (hereinafter the "Client").
Jerelyn Creado and the Client are hereinafter jointly referred to as the "Parties" and individually as the "Party".

2. The Client is obliged to read these General Terms and Conditions carefully. By accepting the General Terms and Conditions, the Client undertakes to respect them. In the event of non-acceptance of the General Terms, the Client shall not be able to purchase products marked "Jerelyn Creado". The client will receive a copy of the General Conditions through the Sales Channel mentioned in article 2 used for the purchase of Jerelyn Creado products.

3. The General Terms and Conditions do not regulate the provision of services or the sale of products by parties other than Jerelyn Creado, even where available on Jerelyn Creado's website through links, banners or other hypertext links.

4. Jerelyn Creado can always be contacted at the following e-mail address: enquiry@jerelyncreado.com or at the following phone number +39 3481548709.

2. Sales channels

2.3. Jerelyn Creado will not accept and/or process orders from channels other than the Sales Channel or from parties that do not meet the requirements set out in the preceding paragraph.

3. Conclusion of the purchase contract

3.1.The issuance of a purchase order by the Client ("Order") constitutes acceptance of the offer to the public by Jerelyn Creado through its Sales Channel and, therefore, the receipt of the Order by the Company perfects a binding purchase contract for the Products selected by the Client which shall be entirely governed by the present General Conditions ("Contract").

Before confirming the Order, the Client undertakes to examine the summary in order to verify that the Products selected and all the data provided are correct (e.g. the Client may change the quantity of Products he/she intends to purchase by adding or removing one or more of them from the "shopping cart") and confirm that the Order is correct.

3.2. Upon receipt of the Order, the Company shall send the Client an email confirming receipt of the Order with the number and details of the Order placed ("Order Confirmation"). Subsequently, the Company will confirm to the Client that the Order is being dispatched ("Dispatch Confirmation"), with an indication of the expected dispatch time.

3.3. The Client shall keep the Order number indicated in the Order Confirmation to access the assistance service and for any other communication with the Company.

4. Product Availability

4.1. Jerelyn Creado constantly monitors and updates the stock availability of the Products displayed on the Website. However, since the Website may be visited by several Clients at the same time, it may happen that several Clients intend to purchase or buy the same Product at the same time. In these cases the Product may, for a short period of time, be indicated as "available", but may in fact be out of stock or no longer available. In the case of unavailability of a Product for the reasons indicated above, or in other cases of unavailability, Jerelyn Creado may (even after sending the Order Confirmation) contact the Client using the contact details provided.

4.2. In the case described in paragraph 4.2 above, the Order will be cancelled and the price will be refunded to the Client.

Purchasing Procedures

5.1. To purchase a Product via the Web Site, the Client may create and/or access his/her account via the private area of the Web Site.

5.2. The description and essential characteristics of the Goods, including price, taxes, charges and transport costs (where applicable), details and composition, fit, colours and description of colours (e.g. reflections and shades), sizes and sizing (where applicable) and other information intended to describe the Goods are presented on the Website and/or in the shopping cart within each Product specification, together with one or more photographic images in digital format. Although Jerelyn Creado makes every effort to ensure that the photographs displayed on the Website are faithful reproductions of the original Products, the images and colours of the Product offered for sale on the Website may not be a perfect representation of the actual characteristics of the Product, due to the browser and/or other devices used to access the Website. Jerelyn Creado is therefore not responsible for the possible inadequacy of the graphic representations of the Products displayed on the Web Site if caused by such technical limitations.  

5.3. Jerelyn Creado reserves the right to remove any Product from the Web Site at any time and/or to delete or modify any material or content on the Web Site. Jerelyn Creado therefore disclaims any responsibility towards Clients or third parties for the removal of any Product from the Web Site.

5.4. To place an Order, the Client selects the Products of interest displayed on the Web Site and places them in the virtual shopping cart ("Shopping Cart").

5.5. Before completing the purchase, the Client must verify the accuracy of the contents of the Shopping Cart and accept the General Terms and Conditions. The Client will then be asked to select the payment method from those indicated on the Website, to indicate the billing address, to select the desired shipping method and to specify the shipping address, if different from the billing address.

6. Price and method of payment

6.1. The price of the Products ("Price") is expressed in Euros and in any applicable local currency and is inclusive of all applicable taxes as well as "standard" shipping charges, unless otherwise indicated on the Website or directly indicated in the subtotal of the Shopping Cart. Any shipping costs other than standard shipping costs shall be quantified and indicated separately.

6.2. Jerelyn Creado reserves the right to modify the Price at any time and without prior notice. It is understood that a change in the Price of a Product does not affect Orders already placed.

6.3. The payment methods for the Price and any shipping costs available to the Client are:

6.4. In the case of a direct bank transfer, the conversion costs and the costs of the bank transfer itself shall be borne by the Client. Jerelyn Creado is not responsible for these costs. The amount communicated to the Client is the amount that Jerelyn Creado is entitled to receive in full.

6.5. Jerelyn Creado shall not be held liable for payment errors that occur with a third-party payment service due to the Client's lack of connection, nor for direct and/or indirect damages that, for any cause and/or reason whatsoever, the Client may suffer due to and/or as a result of suspensions and/or interruptions in the operation of the bank's website (including cyber attacks).

6.6. If it is impossible, for any reason whatsoever, to charge the amount owed by the Client, the purchase procedure is understood to be automatically cancelled and the Order will not be sent by Jerelyn Creado. As a result of the non-conclusion of the Contract, the Company shall have no obligation to deliver to the Client and the latter shall not be able to claim payment of any compensation and/or damages.

6.7. Any VAT exemptions and/or reductions will only be applied if supported by adequate and complete documentation (e.g. to benefit from VAT exemption, diplomatic personnel will have to provide a copy of a valid identity document and a statement issued by the local government authority certifying their diplomatic status; for VAT refund purposes, non-EU Clients will have to provide a copy of a valid identity document determining their place of residence outside the European Union). To this end, the Client shall send Jerelyn Creado the VAT refund request, together with a copy of these documents, within 3 (three) months of receipt of the Order Confirmation.

6.8. The tax receipt for the purchase will be sent to the Client by e -mail. At the Client's request, Jerelyn Creado will issue an invoice based on the data provided by the Client. Once issued, the invoice is not editable and will be sent to the Client by email.

7. Shipping and collection

7.1. Products purchased through the Web Site will be delivered to the Client by shipment to the delivery address indicated by the Client in the Order.

7.2. Shipments are made worldwide (hereinafter 'the Territory').

7.3. Shipping will be completely free of charge for destinations within the EU and will take place within 2 working days. For shipments to destinations outside the EU, shipping will be free of charge for orders over EUR 300.00, while for orders below this amount, the standard shipping rates set out in Article 7.5 below will apply.

7.4. The delivery times indicated above (and in any case when finalising the Order) are purely indicative and in any case delivery shall take place within 30 (thirty) calendar days from the conclusion of the Contract (i.e. excluding Saturdays, Sundays and local and national holidays). After receiving the Shipment Confirmation, the Client will be able to monitor the status of the shipment from its reserved area of the Website and/or through the shipment tracking code provided in the Shipment Confirmation.

7.5. Shipping costs depend on the Territory to which the Products are shipped, as indicated in the table below.

Free shipping worldwide for orders over € 300.00

7.6. Upon delivery of the Products by the courier, the Client (or its representative, or other person designated by the Client) shall verify: (i) the accuracy of the consignee's details on the delivery receipt; and (ii) the integrity of the packaging and seals.

7.7. Orders consisting of several Products may be the subject of several shipments without any charge to the Client.

8. Risk and Own Age

8.1. Ownership of the Products shall be transferred to the Client exclusively upon payment of the Price and shipping costs, while the risk of loss of or damage to the Products shall remain with Jerelyn Creado or the courier until the Products are delivered.

9. Warranty

9.1. Products purchased through the Sales Channel are covered by a legal warranty for defects and faults in the Product (hereinafter the 'Warranty').

9.2. Without prejudice to the provisions of paragraph 5.2 above, Jerelyn Creado undertakes to deliver to Client Products that conform to the Contract. In the event that the Products prove to be defective and/or not conforming to the promised quality, Client shall - within the term of the Guarantee - notify Jerelyn Creado by e-mail of the fact that it has become aware of the situation. No communication is necessary if Jerelyn Creado has acknowledged in writing the existence of the defect or has not concealed it.

9.3. The Guarantee is valid for 2 years from the date of delivery of the Product, except in cases of wear and tear of the Products as a result of their use by the Client.

9.4. If Jerelyn Creado ascertains that the Product is defective or non-conforming, the Client shall have the right to have the Product brought into conformity by requesting, free of charge, the repair or replacement of the Product, unless the remedy requested is objectively impossible or excessively burdensome (taking into account the value of the good and the extent of the defect). Jerelyn Creado shall repair or replace the defective Product within a reasonable time.

9.5. If repair or replacement of the Product is impossible or excessively onerous, the Client may request a reasonable reduction of the Price or terminate the Contract.

9.6. Jerelyn Creado shall bear the costs of returning defective and/or non-conforming Products for repair or replacement in accordance with this clause, except in cases of wear and tear of the Products as a result of their use by the Client, as well as the cost of delivering the repaired or replaced Product to the Client.

10. Force majeure

10.1. The Parties shall not be liable for any failure or delay in performing any of their obligations under the Contract and/or these General Conditions caused by events beyond their reasonable control, such as, but not limited to, strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attack (including threat of attack), war (whether declared or not) or threat of war fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, inability to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities ("Force Majeure").

10.2. In the event of Force Majeure, the performance of services by Jerelyn Creado may be suspended for the duration of the Force Majeure event. The Company undertakes to inform the Client of the occurrence of an event of Force Majeure without undue delay and in any case within 14 (fourteen) days of its occurrence. This provision shall, in any case, not affect the Client's right of withdrawal as governed by paragraph 11 below.

11. Right of withdrawal

11.1. The Client may withdraw from the Contract, without specifying a reason, within 14 (fourteen) calendar days from the day of receipt of the Product. After this deadline, no more returns shall be accepted. Return is the responsibility of the customer.

Return is free of charge for size changes only.

11.2. In order to exercise the right of withdrawal, within the above-mentioned term, the Client shall contact Jerelyn Creado at the following email address enquiry@jerelyncreado.com, specifying that he/she wishes to exercise his/her right of withdrawal, indicating the order number and the e -mail address through which the purchase was made and the Product(s) to be returned. The burden of proof for exercising the right of withdrawal under this Article shall be on the Client.

11.3. Jerelyn Creado will provide the Client with a confirmation of the exercise of withdrawal at the contact details provided by the Client, within 24 hours of receipt of the request. When exercising the right of withdrawal to be exercised within 14 days from the date of receipt of the product, the Client shall send Jerelyn Creado at its own expense by courier the Product(s) to be returned.

11.4. The Product shall be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Client has notified Jerelyn Creado of its decision to withdraw from the Contract.

11.5. Products must be returned under the following conditions:

• Products must be returned with their original labelling (including tags, labels);

• the products must not have been used, washed or damaged;

• the right of withdrawal applies to the Product as a whole and not to individual parts thereof (e.g. buckles, laces, etc.);

• the Client is responsible for shipment until receipt of the Product by Jerelyn Creado.

11.6. Following the return of the Product and the verification by the Company or its agents of its suitability for return, Jerelyn Creado will send the Client an e-mail confirming the acceptance of the return (hereinafter the "Confirmation of Return").

11.7. Following the Confirmation of Return, Jerelyn Creado shall refund all payments received from the Client, excluding any shipping costs, without undue delay and in any event within 14 (fourteen) days from the day on which the Company was informed of the Client's decision to withdraw from the Contract. The Client shall receive a full refund of the Price and any shipping costs shall be borne by the Customer. Times may vary depending on the method of payment and the banking circuit used.

11.8. It is understood that the right of withdrawal also applies to Products purchased during sales or other promotional periods. However, the right of withdrawal is excluded for made-to-measure or customised Products, including those customised after purchase.

12. Intellectual Property

12.1. Jerelyn Creado guarantees the authenticity and high quality of all the Products offered for sale through the Website. All intellectual property rights (by way of example only, the trademarks owned by Jerelyn Creado relating to the Products, accessories and packaging) are and shall remain the exclusive property of Jerelyn Creado.

12.2. The Client shall not acquire any right over the intellectual property owned by Jerelyn Creado by virtue and as a result of the Contract and/or these General Conditions. The total or partial reproduction, modification, alteration or any other use of the Company's intellectual property rights without the prior written consent of Jerelyn Creado is strictly forbidden and Jerelyn Creado, in the event of an infringement of its intellectual property rights, will take the necessary action to cease the infringement.

Personal Data Protection

13.1. The Client's personal data collected by Jerelyn Creado during the conclusion or execution of the Contract will be treated exclusively in accordance with Jerelyn Creado's Privacy Policy available on the Website.

13.2. In accordance with the provisions of the Privacy Policy, the Client's personal data (including data contained in communications with the Company via e -mail or WhatsApp) will be processed by Jerelyn Creado for the period strictly necessary to achieve the objectives for which they were collected.

14. Communications

14.1. For any needs or requirements, the Client may contact the Company by e-mail at enquiry@jerelyncreado.com or at the following telephone number +39 3481548709.

14.2. Jerelyn Creado undertakes to respond in the shortest possible time to Client requests, using the contact channel chosen by the Client or other means of contact specified by the Client in the Order. It is understood that Client communications sent to other addresses will be considered as not having been correctly received and will not be taken into consideration.

15. Changes and updates

15.1. Jerelyn Creado reserves the right to periodically revise and amend these General Terms and Conditions to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant regulations and legal requirements, and changes in the capabilities of its system.

15.2. Each Contract shall be governed by the General Conditions in force at the time of execution of the Contract. Any amendments or updates shall be duly published on the We b Site and/or communicated to the Client and shall be effective immediately from the date of publication and/or communication.

15.3. Any changes or updates shall not affect the Contract already in force between the parties prior to the change.

16. Miscellanea

16.1. Failure to exercise or delay in exercising a right under the Contract and/or these General Terms and Conditions shall not constitute a waiver of that right.

16.2. If any provision of these General Terms and Conditions is held for any reason to be invalid, ineffective or unenforceable, such provision shall be deemed severed from these General Terms and Conditions and the remaining provisions contained herein shall be in full force and effect and shall not be affected by the invalid, ineffective or unenforceable provision.

16.3. The Parties acknowledge that, in entering into a contract, neither party has relied on any statement, undertaking or promise made by the other party or implied in anything said or written in the course of negotiations between them prior to such contract, except as expressly provided in these General Conditions.

17. Applicable law and jurisdiction

17.1. These General Terms and Conditions and the Contract shall be governed by and construed in accordance with Italian law and any local mandatory provisions.

17.2. Any dispute relating to these General Terms and Conditions and/or the Contract shall be subject to the mandatory territorial jurisdiction of the competent court of Jerelyn Creado's place of residence.