If the customer uses the services offered on the WEBSITE, this means, in all events, that they accept these Specific Conditions of the Online Purchase Agreement at the time they place their order.
1. GENERAL AND APPLICATION
The following terms and conditions shall apply for all contracts between the customer and the MYRIAM MORENO (48411031-X) Street José Benlliu N4 Urb. Oasis Lliria, Valencia, Spain, about the delivery of goods, which are ordered in MYRIAM MORENO online shop under the website www.myriammoreno.com
2. CONTRACTING PROCEDURE
2.1 This information and the details contained on the WEBSITE do not constitute a sales offer, but instead, an invitation to trade. There will be no agreement between the customer and MYRIAM MORENO with regard to any products until the order has been expressly accepted by MYRIAM MORENO (even if the customer’s account has already been charged). If the offer is not accepted and any amount has been charged on the customer’s account, the amount of such charge will be returned in full.
In order to place an order, the customer should follow the online purchase procedure and click on “Authorise payment”. After that, they will receive an email confirming receipt of their order (Order Confirmation). The customer should remember that this does not mean that their order has been accepted, since their order is no more than an offer to MYRIAM MORENO to buy one or more products. All orders are subject to acceptance by MYRIAM MORENO, which will confirm such acceptance by sending an email informing the customer that the product is being sent (Shipment Confirmation). The agreement to purchase a product between MYRIAM MORENO and the customer (Agreement) will be formalised only once the Shipment Confirmation has been sent to the customer.
Only products listed in the Shipment Confirmation will be subject to the Agreement. MYRIAM MORENO will not be required to supply any other products that the customer may have ordered until it confirms that these products have been sent through a separate Shipment Confirmation.
2.2 PURCHASE STEPS
The customer places the order by carrying out the following steps:
-Select product(s) and “add to bag”.
-Select “view Cart” to see detailed information of the products to be purchased.
-Enter all personal and payment information and click on “Continue”.
-After placing an order, MYRIAM MORENO will send an email to the customer, which confirms receipt of the order and contains the details of the order. This email does not constitute the acceptance of the offer.
MYRIAM MORENO accepts the offer either by shipping the products to the address provided by the customer or by confirming the shipping by an email. The contract has not been concluded before MYRIAM MORENO has accepted the offer.
3. PRICES AND CONDITIONS OF PAYMENT
3.1 All prices stated on the online-shop are in Euros and inclusive 21% Spain VAT.
3.2 Shipping costs are not included. For detailed shipping costs, see 5. below.
3.4 For payment MYRIAM MORENO only accepts the credit cards with the STRIPE payment system, PAYPAL, APPLE PAY and ANDROID PAY. In case of delivery outside EU the customer is obliged to bear the customs duties and further costs incurred. Customs policies vary widely from country to country, so the customer should contact the local customs office for further information.
4.1 Products which are “on stock” will be delivered inside Spain and the EU within 7 to 15 working days and outside the EU within 20 to 30 working days.
4.2 For products which are “out of stock” the delivery period can be up to 8 weeks in case of delivery inside Spain and the EU. In case of delivery outside the EU, the delivery period can be up to 10 weeks.
4.3 If the customer orders several items and one or more of the ordered items are currently out of stock, MYRIAM MORENO will not ship the goods until each of the ordered items is back in stock again. The delivery time in that case may take up to eight weeks for customers within the EU and up to 10 weeks for customers who are located outside the EU.
4.4 Both inside and outside Spain, all products will be delivered by the carrier CORREOS ESPAÑA.
4.5 The shipping costs depend on the customer’s location:
(a) place of delivery inside Spain: 6.00 Euro
(c) place of delivery inside EU: 10.00 Euro
(d) place of delivery outside EU: 25.00 Euro
4.6 MYRIAM MORENO will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
The risk of loss or damages will not pass to the customer until the goods have been delivered to the customer.
5. RETURNED GOODS
5.1 Items bought on sale are not returnable for exchange or refund. All sales are final.
5.2 The customer has the right to return new unworn or unused goods within 14 days (but not items bought on sale). Goods should be returned in their original packaging where relevant. They are to be unused other than for the purpose of trying on for fit. If there is evidence to suggest that the goods have been used to a degree such as to decrease the value of the product, the customer loses his/her right to exercise a return. The 14-days-period shall begin to run after receipt of this instruction (e.g. via e-mail, fax), but in any event no earlier than the goods have been received by the customer. In order to comply with the 14-days-period, it shall be sufficient for the products in question to have been dispatched as new and unused within this period.
5.3 In the event of the return of the products, any services and products received, and any profit derived there from, shall be returned.
5.4 MYRIAM MORENO will only cover shipping costs incurred in returning the product(s) if the return is a result of our error.
5.5 Articles can only be returned in case they are still welded and packed in their original hygiene slips and/or packages. Our return policy does not affect your statutory rights. We only refund to the credit card that was used to place the order.
7.RETENTION OF TITLE
MYRIAM MORENO retains title to the goods until receipt of all payments in full.
8.WARRANTY AND LIABILITY
8.1 MYRIAM MORENO will give a two-year guarantee on all products.
8.2 The used stones and other natural raw materials and products are not defective in case of insignificants deviations in form, shape, colour and weight within accepted standards of natural products due to raw ma-terials.
9.1 MYRIAM MORENO is entitled to collect, process and use our customers’ data in accordance with appli-cable data protection law.
9.2 MYRIAM MORENO will only use the customer’s data for purpose which the data are provided for and/or for correspondence with the customer.
9.3 If necessary for the processing of payment, MYRIAM MORENO will transfer the customer’s payment data to the credit institute which is instructed with the payment.
As far as MYRIAM MORENO refers or set up links to any other website at its website www.myriammoreno.com, MYRIAM MORENO not assume any liability for the completeness, the cor-rectness or the data protection of the respective websites’ content.
11. JURISDICTION AND APPLICABLE LAW
11.1 The contract shall be governed by the laws of Spain.
11.2 Exclusive place of jurisdiction for any dispute arising out or in connection with this contract is Valencia, Spain.
11.3 In case that any of the provisions of these terms and conditions are invalid, void or not legally enforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remain-ing provisions of the terms and conditions.