We invite you to review the general conditions of purchase that regulate the offer and purchase of Moviljoya SC products through the online shop included in this website.
By using this website you are bound by these terms and conditions and we recommend that you read them carefully. If you do not agree with them you should leave the website.
1. PRELIMINARY PROVISIONS
These terms and conditions of purchase apply to all Moments Jewellery branded products ordered through the website www.momentsjewellery.eu (hereinafter referred to as the “Website”).
By placing an order, you warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
Orders may only be placed for the purpose of purchasing goods without the intention of resale. Any resale or distribution of products purchased through the website is strictly prohibited.
We reserve the right to cancel fraudulent, false or speculative orders as well as orders that have been requested by a customer with whom there may be a difference/controversy in previous orders, or where there is reasonable doubt that the customer is in breach of any of the specified conditions of purchase or is participating in any criminal activity.
We may update these terms and conditions of purchase and the legal notice at any time. You can always consult and print the updated version of both texts by clicking on the links “Conditions of Purchase” and “Legal Notices”.
User obligations
As a user, you are obliged to provide Moviljoya SC with all the information necessary to access and use the services of this website. This information must be truthful and up to date and you agree that we may use it to contact you if necessary.
It is essential that you provide all the information that we classify as compulsory, otherwise we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of error or omission of these data.
The user must make proper use of the services included on the website, always in accordance with the law and will not carry out any activity that hinders or interferes with its operation.
Security measures
We will use all reasonable efforts to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be secure against access by unauthorised recipients and you will not hold us responsible for any failure of security unless it is due to our negligence.
You must also take reasonable security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of any loss, misplacement, theft, misappropriation, theft or unlawful access to your username and password or knowledge of them by any third party.
2. CONDITIONS APPLICABLE TO ORDERS
All products offered on this website are sold directly by Moviljoya SC.
2.1. Purchasing procedure
You can browse the website until you find the desired item. Once located, by clicking on it, you will access all the detailed information offered by the website. From there you can add the item to your purchase.
If you are placing an order with us for the first time, you will be asked to register by entering your email address and a password with which you will be able to create and access your account.
If you are a registered user with an active account, you will be asked to enter your email address and password and the system will recognise your details.
Once you are in your account you will be able to continue your purchase and finally confirm your order.
2.2. Coverage of the offer
The delivery area for these items is limited to Europe (including the Canary and Balearic Islands) and by accepting the order, you confirm that you are a customer resident in one of these areas. Any other delivery address will result in automatic cancellation of the order.
2.3. Availability
All orders are subject to availability. We are not responsible for out of stock or unavailability of products.
Please refer to the selection of items available for sale through the website, as not all items that we may offer in our shops or that may appear in catalogues, websites or other presentations are available for this type of sale.
If a product is not available once the order has been placed, you will be informed as soon as possible by e-mail or telephone and the order will be cancelled.
If you have any doubts, we recommend that you contact customer service.
2.4. Contract with Moviljoya SC and acceptance of orders
The order will not be accepted by us until the amount has been debited from your account. After confirming the purchase, you will receive an e-mail as acknowledgement of receipt, but this will not imply that the order has been accepted, as they will be subject to our further verification and acceptance.
We will confirm acceptance of the order in an e-mail informing you that the order is being shipped. Only then will the contract between you and us be formed, and then only for the items listed in that shipping confirmation.
2.5. Confirmation and cancellation of orders
Prior to the completion of the order by you on the website, you will be able to review all the details associated with the order (amounts broken down into all the necessary headings – taxes, transport costs, selection of items, etc.), and you may correct anything you deem necessary.
After confirmation, it will not be possible to modify or cancel the order via the website, you will have to contact us. In this case, the order can only be modified or cancelled if the article has not yet been dispatched from our warehouses.
2.6. Currency, taxes and price
In accordance with current legislation, all purchases from our website will be subject to value added tax, with the exception of the Canary Islands, Ceuta and Melilla. The applicable rate will be the rate legally in force at any given time.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be considered exempt from VAT, without prejudice to the application of taxes and duties arising from the entry and exit of the product in these territories (according to current legislation), which must be paid directly by the customer to the logistics operator responsible for delivering the product.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the territory of delivery, as indicated in the previous paragraphs).
2.7. Method of payment and security
The prices indicated for each product do not include Value Added Tax (VAT) or other taxes that may be applicable and in any case shall be expressed in Euro currency (€). These costs, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same. The client assumes that in any case the economic valuation of some of the products may vary in real time. In any case this will always be communicated in advance to users.
The user will be able to make use of the following forms of payment for the payment of the products acquired through the Web:
Credit card, through a payment gateway (Virtual POS): In this case, the data of the User and the purchase will be entered and transmitted directly by the User to the entity that owns the gateway. These data will not be stored or manipulated by us, but will be recorded directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce Authentication Service, a system established by Visa / Mastercard / Eurocard, whereby the customer is authenticated by the issuing bank and the merchant is authenticated by the acquiring bank. The amount of the order will be charged to your card, so you will have to indicate the number, the expiry date and the security code CW2 (on the back of your card). If your card is secured, you will be asked for the relevant security codes.
The payment will be charged in real time via this payment gateway. In the event that the charge cannot be finally carried out (for whatever reason), the order will be automatically cancelled.
PayPal: In this case, the user must be previously registered and be a PayPal user. To make the payment, you will be asked to identify yourself as a PayPal user, either to pay with your credit card or to pay with your PayPal balance.
Bank transfer/ Bank deposit: Any payment made to the provider will lead to the issuance of an invoice in the name of the registered user. This invoice will be automatically sent to the e-mail address provided by the user, or sent together with the purchased product.
Cash on delivery: Cash on delivery allows a safe and simple collection management.
The delivery of the shipment is made after payment by the recipient, for the amount that appears on the shipment (the amount requested by the sender, who is subsequently reimbursed by the logistics company).
The amount of the reimbursement can be paid to the sender by bank transfer to the bank of his choice or at his home address.
For any information about the order, the user can call the provider’s customer service telephone number 951 260 562 or send an e-mail to info@momentsjewellery.eu.
2.8. Shipping policies (Deliveries: types, deadlines and problems)
Delivery can be made to the address of your choice (except post office box). Home delivery of orders will be carried out by a logistics operator during normal working hours. If there is no one at that address when the logistics operator comes, they will leave a note and their customer service department will try to contact you to arrange delivery.
The usual delivery time is approximately 3 to 5 working days after approval of the order. This period may increase during sales periods, Christmas campaigns or in the event of customs formalities or other circumstances arising from (for information purposes only) geographical distance, weather conditions, wars, strikes, any form of government intervention, non-compliance by our suppliers, etc. as well as any other circumstance attributable to the logistics operator responsible for delivering the product. We are not responsible for any delays that may arise due to any of the aforementioned reasons.
If, at the time of delivery, the packaging of the order is damaged, you must open the package in the presence of the logistics operator to check the condition of the items. If any damage is found, you should note it on the delivery note and contact us. We will repair or replace at no cost to you any items that have been damaged or lost in transit, provided that you notify us as soon as possible.
Once the order has been delivered, it will become your property and therefore, any damage that may occur will be your responsibility.
The following link details the shipping costs: Shipping and Deliveries.
2.9. Return, exchange and refund policy
Right of withdrawal:
The Customer shall have a maximum period of 14 calendar days from the delivery of the Product or from the conclusion of the contract if it is a service, to communicate their total or partial withdrawal from the purchase of the Product or service, in accordance with the applicable legislation. Returns made within the deadline shall not entail any penalty whatsoever. However, the Customer shall bear the shipping costs.
Mark the items to be returned on the purchase receipt that you receive with the order.
You must send the item(s) in the original packaging in which it was delivered by the logistics operator.
Once the return has been accepted by us, we will verify that the returned items physically correspond to the return delivery note and additionally that they have been received in perfect conditions of use, complete, in their original packaging and with no signs of having been used. If the verification of the state of the order is satisfactory, we will proceed to reimburse you the money that you would have paid at the time on the same credit card from which you made the payment, within a maximum period of one month. Otherwise, we will contact you to send you the item again (the transport costs associated with this new shipment will be at your expense).
2.10. Product warranty
The warranty period is two years, although it does not include defects caused by negligence, knocks, incorrect use or improper handling, etc., or materials that are worn out due to use. In the event of a defect caused by misuse, the repair will be billable after an estimate has been provided.
In those incidents that justify the use of the guarantee, we will opt for the repair, replacement of the article, discount or refund, according to the legally established terms. Moviljoya SC will carry out exchanges or returns provided that:
Prior notification is given to our Customer Service within two months: This step is essential whatever the reason for the return. You can do this by sending an email to info@momentsjewellery.eu attaching a copy of the receipt or invoice and order number in the subject of the email. We will tell you how to return the item.
The item to be returned must be correctly packaged for its return. The packaging must be in perfect condition and retain all its original accessories and instructions in order to be returned.
Failure to comply with the two-month deadline shall not entail the loss of the corresponding right to compensation, although the customer shall be liable for any damage or loss actually caused by the delay in communication.
Commercial guarantee: manufacturers may offer additional guarantees, the extent and duration of which vary according to the products and brands. These warranties are exclusively at the expense of the manufacturer who is obliged to provide them.
Under the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in conformity with the contract of sale under the terms set out therein (Article 114), whereby:
“The seller is obliged to deliver to the consumer and user goods that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product”.
The warranty will start to run on the same day of purchase, by virtue of the aforementioned article 123 of the Royal Legislative Decree.
3. PARTIAL NULLITY
If any part of these conditions of service should be unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties undertake to renegotiate those parts of the conditions of service that are invalid and to incorporate them into the rest of the conditions of service.
4. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Moviljoya SC reserves the right to modify the general conditions of sale without prior notice, and may change, delete or add both the content and services provided through the website and the way in which they are presented or located on its servers.
These changes must be accepted by the user each time he/she makes a purchase through the website.
Customers who do not agree with the modifications to the general conditions must notify us and, from the date on which the new version comes into force, they must stop using the services of the website.
In the event that any of the terms of the general terms and conditions of sale are declared illegal or unenforceable by a court decision, the other provisions shall remain in force.
5. APPLICABLE LAW AND JURISDICTION
This site is located and operated in Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without giving effect to the principles of conflicts of law.
In those cases in which the client is not a consumer or user, or is domiciled outside Spain, they will be subject to the national Courts and Tribunals, expressly waiving any other jurisdiction that may correspond to them.
If the user decides to use or consult this site outside Spain, he/she must bear in mind that he/she does so on his/her own initiative, and that he/she is responsible for compliance with the relevant laws.
This contract shall enter into force and take full effect from the moment of acceptance by the client or user.
This contract and, therefore, the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, filed and reproduced by the usual electronic or computer means.