GENERAL CONDITIONS OF SALE
Orders placed during the entire Christmas campaign, which begins with Black Friday and lasts throughout the month of December until Epiphany (Three Kings Day), will have a special return period lasting until January 31.
www.monamoon.es
1. GENERAL INFORMATION
The ownership of this website, www.monamoon.es, (hereinafter Website) is held by: Carmen Gómez Villegas, hereinafter mona moon, provided with CIF: 78033241Z.
Registered Social Address: C/ de Las Tiendas 27, local 1, 04003 Almería and Tax Address: C/Borja 10, 04002 Almería. Tel: 950 030 776
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.monamoon.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by mona moon through the Website includes:
Sale of clothing and accessories
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Conditions of Use, including the cookies policy, and the privacy and data protection policy of mona moon. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the above, so if you do not agree with everything, you must not use this Website.
Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time the acquisition of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), so that all the Conditions established here are accepted from the start of navigation through the Website, as well as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for correct use of the Website. This responsibility shall extend to:
• Making use of this Website only to make inquiries and legally valid purchases or acquisitions.
• Not making any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities informed.
• Providing true and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. mona moon does not ensure that the Website complies with the laws of other countries, either in whole or in part. mona moon declines all responsibility that may derive from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with mona moon the sales contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.monamoon.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Checkout".
Likewise, the User must fill in and/or check the information requested at each step, although during the purchase process, before making payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that mona moon has received their order or purchase request and/or service provision, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being sent. If applicable, this information could also be made available to the User through their personal connection space on the Website.
In the purchase procedure, the User can select whether they wish to receive their invoice in electronic format or on paper without having to pay any financial amount. If an electronic invoice is selected, it will be sent to the User via email and, if applicable, through their personal connection space on the Website. The User can revoke consent to receive the electronic invoice at any time by requesting it through our email carmen@monamoon.es or our telephone: 950 030 776.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question and which are shown next to its presentation or, where appropriate, image on its page on the Website, indicating, by way of example but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and/or cost of benefits; and recognizes that placing the purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be archived and kept in the computer records of mona moon in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account the LOPDP and DD and the rights that assist Users in accordance with the privacy policy of this Website (Privacy and Data Protection Policy).
4. AVAILABILITY
All purchase orders received by mona moon through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and/or the provision of services. If difficulties arise regarding the supply of products or there are no products in stock, mona moon undertakes to contact the User and refund any amount that may have been paid as a total amount. This will also be applicable in cases where the provision of a service becomes unattainable.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.
However, and unless otherwise indicated, prices of the items offered exclude shipping costs that may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, where they will consult the available shipping methods and costs and freely choose the one that suits them best.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
Credit cards will be subject to checks and authorizations by the issuing bank; if said entity does not authorize payment, mona moon will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.
In any case, by clicking on Checkout, the User confirms that the payment method used is theirs or that, if applicable, they are the legitimate holder of the gift card or credit card.
6. DELIVERY
In cases where physical delivery of the contracted good is appropriate, deliveries will be carried out within the following territory: Europe.
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason attributable to it, mona moon cannot meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery place in the agreed time slot, they must contact mona moon to arrange delivery on another day.
If 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to mona moon, mona moon will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the resolution of the contract, all payments received from the User will be returned, with the exception of additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery mode offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered resolved.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks that may derive from the products will be borne by the User. The accepted means of payment will be: Paypal, Credit card, Bizum, and Bank Transfer from the User from the moment of delivery. The User acquires ownership of the products when mona moon receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time later than the complete receipt of the amount object of payment by mona moon.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that they detect an error has occurred when entering necessary data to process their purchase request on the Website, they may modify them by contacting mona moon through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.
In any case, the User, before clicking on Checkout, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Privacy and Data Protection Policy for more information on how to exercise their right of rectification according to the provisions of Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within a period of 15 calendar days without the need for justification.
This withdrawal period will expire 15 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the mona moon Website or in the case that the goods that make up your order are delivered separately, 15 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify mona moon of their decision.
The User, regardless of the medium they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that mona moon makes available as an annexed part of these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, mona moon will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 15 calendar days from the date on which mona moon is informed of the User's decision to withdraw.
mona moon will reimburse the User using the same payment method that they used for the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, mona moon could withhold said reimbursement until the products or articles of the purchase have been received, or until the User presents proof of the return thereof, depending on which condition is met first.
The User can return or send the products to mona moon at:
mona moon
C/ de Las Tiendas 27, local 1, 04003 Almería
Telephone: 950030776
Email: carmen@monamoon.es
And they must do so without any undue delay and, in any case, no later than within 15 calendar days from the date on which mona moon was informed of the withdrawal decision.
The User acknowledges knowing that they must bear the direct cost of returning (transport, delivery) the goods, if any were incurred. In addition, they will be responsible for the decrease in value of the products resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User recognizes knowing that there are exceptions to the right of withdrawal, as stated in article 103 of 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. By way of example, and not exhaustive, this would be the case of personalized products or products that for hygiene or health reasons are sealed and have been unsealed after delivery.
The provision of a service that the User could hire on this Website is governed in the same sense, as this same Law establishes that the Right of Withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by mona moon, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products, instructions and other documents that accompany them, if any, must be returned, as well as a copy of the purchase invoice.
IMPORTANT: During the validity of the State of Alarm or its possible extensions, the terms for returning products purchased by any modality, whether in person or online, are interrupted. The calculation of the terms will resume at the moment in which Royal Decree 463/2020, of March 14, declaring the State of Alarm or, where appropriate, its extensions, loses its validity.
Return of defective products or error in shipment
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must contact mona moon immediately and make known the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 15 days following the date on which we send an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User could have incurred to make the return. The reimbursement will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be respected.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products they can acquire through this Website, in the terms legally established for each type of product, with mona moon responding, therefore, for the lack of conformity thereof that manifests within a period of three years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they adjust to the description made by mona moon and possess the qualities presented in it; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance usual for a product of the same type and which are fundamentally expected from it. When this is not the case regarding the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Website could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and if the User considers it to be a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the three years following the delivery of said products. For this, the User must have kept all information in relation to the products' guarantee.
9. AFTER-SALES SERVICE
mona moon has an after-sales service; while the guarantee is in force, the customer can execute it by addressing the mona moon establishment's after-sales service. In addition, you can contact our after-sales service in case of doubts about your items, inquiries, advice or any problem with the products or in the delivery process. This offers the fastest and most efficient attention to our customers.
To contact our after-sales service, you can use any of the following means, indicating your invoice number or order number and date:
Postal address:
mona moon C/ de Las Tiendas 27, local 1, 04003 Almería
Telephone: 950030776
Email: carmen@monamoon.es
10. EXEMPTION FROM LIABILITY
Unless legally provided otherwise, mona moon will not accept any responsibility for the following losses, regardless of their origin:
• Any losses that were not attributable to any breach on its part,
• Business losses (including loss of profit, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products was formalized between both parties.
Likewise, mona moon also limits its responsibility in the following cases:
• mona moon applies all measures concerning providing a faithful visualization of the product on the Website; however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind.
• mona moon will act with maximum diligence to make the product object of the purchase order available to the company in charge of transport. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.
• Technical failures that, due to accidental causes or otherwise, prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. mona moon puts all means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products; however, it is exempt from liability for causes not attributable to it, case of force majeure.
• mona moon will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, mona moon will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
• In general, mona moon will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are outside our reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
◦ Strikes, lockouts or other protest measures.
◦ Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
◦ Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
◦ Impossibility of use of trains, ships, planes, motor transport or other means of transport, public or private.
◦ Impossibility of using public or private telecommunications systems.
◦ Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and mona moon will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. mona moon will put all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with mona moon are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that mona moon sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with mona moon through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, mona moon can contact and/or notify the User at their email or at the postal address provided.
12. WAIVER
No waiver by mona moon of a specific legal right or action or the lack of requirement by mona moon of strict compliance by the User with any of their obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations.
No waiver by mona moon of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
13. NULLITY
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
14. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and mona moon in relation to the object of purchase and sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and mona moon acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
15. DATA PROTECTION
The information or data of a personal nature that the User facilitates to mona moon in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Privacy and Data Protection Policy). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all information or data provided is true.
16. SECURITY AND PROTECTION TO BUYERS
Payments for purchases at Carmen Gómez Villegas are made through the official Redsys payment channel provided by Cajamar, with the 3DSecure system, using encryption systems and data transfer security through the SSL protocol, so the buyer will enjoy at all times the protection of these channels.
www.monamoon.es has no access at any time to your credit card data nor does it store it.
These are purchases made in Spain.
17. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and/or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with sales contracts between mona moon and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
18. COMPLAINTS AND CLAIMS
The User can send mona moon their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, mona moon has official complaint forms available to consumers and users, which they can request from mona moon at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between mona moon and the User, the User as a consumer can request an extrajudicial solution of controversies, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
Last modification of these General Conditions of Sale: 01.06.2021
ANNEX
Information regarding the exercise of the right of withdrawal
A. Information to the consumer and user on withdrawal
Right of withdrawal:
You have the right to withdraw from this contract within a period of 15 calendar days without the need for justification.
The withdrawal period will expire 15 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us at:
mona moon
C/ de Las Tiendas 27, local 1, 04003 Almería
950 030 776
carmen@monamoon.es
Accepted means of payment: Paypal, Credit card, Aplázame (financed payment) and Bank Transfer.
your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication relative to the exercise by you of this right be sent before the corresponding deadline expires.
Consequences of withdrawal:
In case of withdrawal on your part, we will return all payments received from you, including delivery costs (with the exception of additional costs resulting from the choice by you of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, no later than 15 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to carry out said reimbursement using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any costs as a result of the reimbursement.
We may withhold the reimbursement until we have received the goods, or until you have presented proof of the return thereof, depending on which condition is met first.
You must return or deliver the goods directly to us or to…
mona moon
C/ de Las Tiendas 27, local 1, 04003 Almería
950 030 776
carmen@monamoon.es
without any undue delay and, in any case, no later than within a period of 14 calendar days from the date you communicate your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said period has ended. You must bear the direct cost of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods
B. Model withdrawal form
(you should only complete and send this form if you wish to withdraw from the contract)
To the attention of:
mona moon
C/ de Las Tiendas 27, local 1, 04003 Almería
carmen@monamoon.es
I/we (*) hereby inform you that I/we (*) withdraw from my/our (*) sales contract of the following good/provision of the following service (*)
Name of the good/service (*): ______________________________________________
Ordered on (*): __ / __ / ____
Received on (*): __ / __ / ____
Name: ______________________________________________________________(name of the consumer and user or consumers and users).
Address: _____________________________________________________________(address of the consumer and user or consumers and users).
Signature: (only if this form is submitted on paper).
Date: __ / __ / ____