Terms of Service

These Terms of Service (Términos de Servicio) govern your access to and use of https://fytnj.com/ (the “Site”), operated by Trabajo de marino (“we,” “us,” “our”) of Olvera, Cádiz, España (Spain). By accessing, browsing or making a purchase (retail or wholesale) on the Site, you agree to be bound by these Terms, as well as our Privacy Policy, Shipping Policy and Return & Refund Policy (collectively, the “Policies”). All Policies are incorporated into these Terms and form your binding legal agreement with us, compliant with the EU Consumer Rights Directive (2011/83/EU), GDPR, Spanish Ley de Consumo 3/2014 and Ley de Comercio 3/2004.
 

1. Brand & Business Information

 
  • Brand: Trabajo de marino
  • Registered Address: Maestro Amado 98 Casa, 11690 Olvera, Cádiz, España (Spain)
  • Customer Service Email: service@fytnj.com
  • Website: https://fytnj.com/
  • Official Currency: Euro (EUR) – all prices are displayed in EUR; payment is processed in EUR for all orders.
  • Official Languages / Idiomas Oficiales: Español y Inglés (Spanish and English) – all communications available in both languages.
 

2. Eligibility

 
By using the Site, you represent and warrant that:
 
  • You are at least 18 years of age (the age of majority in Spain) and have the legal capacity to enter into a binding contract.
  • If accessing the Site on behalf of a business (wholesale customers), you are authorized to bind that business to these Terms and have valid business registration documentation.
  • You will use the Site in compliance with all applicable Spanish, EU and local laws, rules and regulations.
 
We reserve the right to refuse service, terminate access or cancel orders at our sole discretion, for any reason and without prior notice (e.g., suspected fraud, non-compliance with these Terms, wholesale account violations).
 

3. Orders & Acceptance

 
  • Placing an order on the Site constitutes a formal offer (oferta formal) to purchase the selected jewellery (retail or wholesale) at the listed price (including applicable Spanish VAT/shipping). We may accept or reject your order at our sole discretion (e.g., product unavailability, pricing errors, incomplete order information, suspected fraudulent activity, wholesale account ineligibility).
  • A binding legal contract (contrato legal vinculante) between you and Trabajo de marino is formed only when we ship your order and send a shipping confirmation email with a valid tracking number (compliant with EU/Spanish consumer/commercial law). Prior to shipment, we reserve the right to cancel any unprocessed/unshipped order and issue a full refund with no further liability.
  • For out-of-stock items, DIY kits or wholesale prepacks, we will notify you promptly via email (in Spanish/English) and offer a full refund or a pre-order option (if available) at your sole discretion—pre-order lead times will be clearly stated on the product page.
 

4. Pricing & Payment

 
  • All product prices listed on the Site are in Euro (EUR) and include Spanish VAT (21%) for Spain/EU orders; VAT is automatically removed for non-EU international orders (customer is responsible for local customs duties/taxes). Wholesale prices are exclusive of VAT (for eligible businesses with valid VAT ID).
  • Shipping fees, packaging fees and other applicable charges (e.g., wholesale handling fees) are added at checkout and are separate from the product price. Wholesale orders may qualify for free shipping (per promotional terms).
  • Prices are subject to change without prior notice—we are not obligated to honor any typographical, technical or system errors that result in incorrect pricing on the Site. If a pricing error is identified, we will notify you and offer to cancel the order or process it at the correct price.
  • We use secure, EU/Spain-based third-party payment processors (PCI DSS/GDPR compliant) to process all payments (e.g., PayPal, Stripe). We do not store your full credit/debit card details on our servers—all payment data is encrypted and processed by our trusted payment partners.
  • You authorize us to charge your selected payment method for the full order amount (product price + VAT + shipping + fees) at the time of order placement (or at shipment, at our discretion). If payment is declined or cannot be processed, we reserve the right to cancel your order and notify you via email.
 

5. Product Information

 
  • We make reasonable efforts to display accurate product descriptions, images, colors and specifications on the Site. However, color variations may occur due to screen resolution, lighting and the handcrafting process—minor variations in handcrafted jewellery are normal and do not constitute a defect (pequeñas variaciones en piezas artesanales son normales y no constituyen un defecto).
  • We reserve the right to modify, discontinue or update any product (including design, materials, pricing and wholesale assortments) at any time, without prior notice—especially for limited-edition handcrafted jewellery or seasonal wholesale prepacks.
  • Product dimensions, weights and material details are approximate and provided for reference only—handcrafted items may have slight size variations inherent to their creation. Wholesale prepack contents are as described; substitutions may occur only if items are out of stock, with prior notification.
 

6. Shipping & Delivery

 
All shipping and delivery terms are governed by our separate Shipping Policy, which is fully incorporated into these Terms. Key EU/Spanish law provisions include:
 
  • Title and risk of loss for all products pass to you upon delivery of the product to the shipping/courier carrier (Olvera, Cádiz).
  • We are not liable for carrier/courier delays, lost or stolen shipments (except for faulty/damaged items caused by our error, in accordance with EU/Spanish law).
  • All international orders include Spanish/EU customs documentation (commercial invoice) for smooth delivery. Wholesale orders may require additional export documentation, provided upon request.
 

7. Returns & Refunds

 
All return, refund and exchange requests are governed by our separate Return & Refund Policy, which is fully incorporated into these Terms. This Policy complies with the EU Consumer Rights Directive and Spanish Ley de Consumo/Ley de Comercio, including retail statutory rights and wholesale return conditions. No returns are accepted without prior written authorization from our customer service team.
 

8. Intellectual Property

 
  • All content on the Site—including text, logos, product images, graphics, design elements, trademarks and layout—is the exclusive intellectual property of Trabajo de marino and is protected by Spanish and EU copyright, trademark and design laws (Ley de Propiedad Intelectual 2/1995).
  • You may not copy, reproduce, distribute, modify, display, perform or use any of our intellectual property for commercial or non-commercial purposes without our prior, written express permission (permiso escrito explícito previo).
  • Any unauthorized use of our intellectual property may result in legal action (including claims for damages and injunctive relief) in the Spanish courts.
  • Trademarks of third-party brands (e.g., VI BELLA) featured on the Site are the property of their respective owners and are used with permission.
 

9. User Conduct

 
You agree not to use the Site for any unlawful, fraudulent or unauthorized purpose, and you will not:
 
  • Interfere with or disrupt the Site’s functionality, servers or networks (including through hacking, malware, phishing or other malicious activity).
  • Submit false, inaccurate or incomplete information when placing an order, applying for a wholesale account, contacting customer service or using the Site.
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity (including falsely claiming wholesale eligibility).
  • Engage in abusive, harassing, threatening or offensive behavior toward our staff or other users of the Site.
  • Attempt to bypass any security measures, access restricted areas of the Site (e.g., wholesale portal) or manipulate order/pricing data.
  • Reproduce or distribute any Site content for commercial gain or share login credentials (e.g., wholesale account) with third parties.
 

10. Limitation of Liability

 
To the fullest extent permitted by Spanish and EU law (including Ley de Consumo 3/2014 and EU Unfair Contract Terms Directive):
 
  • Trabajo de marino shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Site, purchase of our products or breach of these Terms (including, but not limited to, lost profits, lost data or damage to property).
  • Our total aggregate liability to you for any claim arising out of or related to these Terms or the purchase of our products shall not exceed the total amount paid by you for the specific product(s) giving rise to the claim.
  • We shall not be liable for any delays, losses or damages caused by events beyond our reasonable control (“Force Majeure”), including (but not limited to) natural disasters, carrier/courier delays, labor strikes, power outages, Spanish/EU government regulations, internet service provider failures or supply chain disruptions (including delays for handcrafted jewellery/wholesale prepacks).
  • This limitation of liability does not affect your statutory consumer rights under the EU Consumer Rights Directive and Spanish Ley de Consumo for faulty, not as described or unfit for purpose items.
 

11. Indemnification

 
You agree to indemnify, defend and hold harmless Trabajo de marino from and against any and all claims, damages, losses, costs, expenses and liabilities (including reasonable attorney’s fees) arising out of or related to:
 
  • Your use of the Site or violation of these Terms or any applicable Spanish/EU/local law.
  • Your breach of any representation or warranty contained in these Terms (including false wholesale eligibility claims).
  • Your purchase, use or misuse of our products (including, but not limited to, damage to jewellery from improper handling, storage or wear).
  • Any third-party claim arising out of your actions (including, but not limited to, infringement of a third party’s intellectual property rights or misrepresentation of our brand/products).
 

12. Governing Law & Dispute Resolution

 
  • Governing Law: These Terms and any dispute arising out of or related to your use of the Site, purchase of our products or breach of these Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain (leyes del Reino de España), without regard to its conflict of law rules or principles.
  • Dispute Resolution: Any dispute, claim or controversy arising out of or related to these Terms shall first be submitted to good-faith informal negotiation between you and us. If the dispute is not resolved within 30 days of written notice, the dispute shall be resolved exclusively in the civil courts of Cádiz, Spain (juzgados civiles de Cádiz) – you consent to the exclusive personal jurisdiction and venue of such courts. For EU/Spanish consumers, you may also submit disputes to the EU Online Dispute Resolution (ODR) Platform (https://ec.europa.eu/odr) prior to court action.
 

13. Modifications to Terms

 
We may update or modify these Terms at any time, in our sole discretion, to comply with changes to Spanish/EU law or business needs (including wholesale terms). All changes will be posted on this page with a revised “Last Updated” date. The modified Terms shall take effect immediately upon posting. Your continued use of the Site after the effective date of the modified Terms constitutes your unqualified acceptance of the changes. We will notify registered customers (retail and wholesale) of material changes via email (in Spanish and English).
 

14. Severability & Entire Agreement

 
  • Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction (Spain), the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the original intent of the parties.
  • Entire Agreement: These Terms, together with our Privacy Policy, Shipping Policy and Return & Refund Policy, constitute the entire and exclusive agreement between you and Trabajo de marino regarding your use of the Site and purchase of our products. These Terms supersede all prior oral or written agreements, understandings and representations between the parties.
 

15. Contact Us

 
For questions, concerns or clarifications regarding these Terms, please contact us at:
 
  • Email: service@fytnj.com
  • Mailing Address: Trabajo de marino, Maestro Amado 98 Casa, 11690 Olvera, Cádiz, España (Spain)