These General Conditions of Sale are established between:
On the one hand, Cristina Borrás, through her commercial brand Pepita Moon (hereinafter, PEPITA MOON) with registered office at Calle Los Helechos, 22 – 11.390- Tarifa (Cádiz), and with NIF 45103856M.
And, on the other hand, anyone who places an order (hereinafter, the CUSTOMER). Orders will be dispatched to Spain and abroad. These conditions are applicable exclusively to consumers, not being allowed the resale of the products purchased under any circumstances. Placing an order implies acceptance of these General Conditions of Sale by the CUSTOMER, as well as any other specified in the order itself.
Terms & Conditions
The purpose of these General Conditions of Sale is to define the conditions of sale between the CLIENT and PEPITA MOON, from the order, delivery and payment, as well as the after-sales service.
The CUSTOMER can place his order through the through the website pepitamoon.com, following the established procedure. To process your order, the CUSTOMER must provide the personal data that is requested through the procedure indicated above. The CUSTOMER order is equivalent to the full and entire acceptance of the prices, descriptions of the products for sale and the General Conditions of Sale, as well as any other specified in the order itself.
You agree that the products offered by PEPITA MOON in your store are subject to stock limits. Taking into consideration that all Pepita Moon pieces are handmade items, produced in limited quantities to guarantee their uniqueness and exclusivity, all orders for PEPITA MOON products are subject to their availability. If a product is not available once the order is placed, we will inform you as soon as possible. At that time you will be able to modify your order or cancel it without any cost and getting a full refund if desired.
Notwithstanding the foregoing, PEPITA MOON reserves the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order even after having sent the CLIENT the email confirming their order, for which PEPITA MOON reserves the right to do so. at any time, at its sole discretion. PEPITA MOON will inform the CUSTOMER, as soon as possible, of the lack of availability of the requested product.
The following procedure has been established for purchasing through the PEPITA MOON website, which may be done in English or Spanish.
The user must access the Online Store (shop) hosted on the PEPITA MOON website where the products that can be purchased through the aforementioned channel are listed with the following information:
a) Description of the product, reference, size, characteristics, colors, composition and photographs.
b) Price per unit.
c) Shipping costs.
d) Offer conditions, if applicable.
Once the PEPITA MOON product or products has been chosen, the user must add to the Shopping Cart included on the Website, indicating the units that they wish to purchase. Once the chosen PEPITA MOON products have been incorporated into the shopping cart, the user will be able to access the summary of the purchase that must be accepted by pressing the buy key, where the following information is detailed:
d) Unit Price.
e) Total price of each of the PEPITA MOON products purchased.
f) Total purchase price.
g) Shipping costs.
If the user has a promotion code it must be included at that time in order to benefit from the conditions of the promotion code.
Next, the user must provide their data, in the case of a registered user, they must provide the username and password assigned. In the event that the user has not previously registered, they may create an account on the Website.
Once the user has entered their data, they will access Shipping Details, where they can review their shipping and billing data and modify them. Next, you will access Shipping Confirmation where you will see the shipping and billing addresses, the payment method and proceed to accept it by pressing the “Buy” button.
Once the Confirmation has been carried out by the user, an email will be sent as we have received your order, in which you will be informed of the order details corresponding to the purchase order issued. Likewise, we will proceed to analyze the purchase order to determine if it meets all the requirements for processing. Once the verification has been carried out, we will send you an email confirming the order and its shipment or the denial of it.
SHIPPING / DELIVERIES
Shipping and delivery times: Shipments of PEPITA MOON products are made through a courier company (DHL). Every order placed will be sent within two (2) business days. In exceptional cases there wiil be a maximum period of seven (7) days from when we have confirmed the order. The courier company may vary if PEPITA MOON deems it appropriate in order to give a better service. The estimated delivery time is 48 hours once the order has left our workshop for shipments to mainland Spain, for other destinations the term may be longer.
Orders will be sent to the delivery address that the CLIENT has provided us in the form, so it is important that you pay attention when filling in the delivery address information. PEPITA MOON is not responsible in the event that the delivery address is incorrect or incomplete.
For security reasons, PEPITA MOON will not send any order to PO boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and their address.
Shipping Costs: Shipping costs vary depending on the destination. The website will indicate at all times if there is an additional cost related to shipping and it will be clearly displayed at all times, as well as in the detailed summary at the end of the purchase process.
Shipments to Mainland Spain and the Balearic Islands are free for the customer.
Shipments to the Canary Islands and countries of the European Union (EU) are free when the purchase amount is equal to or greater than € 100.
Shipments are made to Ceuta and Melilla, but it is necessary to contact us before making any purchase.
Delivery problems: The CUSTOMER must notify PEPITA MOON in cases of non-receipt of orders greater than seven (7) business days.
If it is impossible for the courier to make the delivery, the courier company will contact you again through the requested telephone number to agree on a new delivery date. Depending on the Country, this service may have an extra cost for the customer.
When your order is delivered, the customer must check that everything is in accordance with what was requested. If there is any discrepancy or problem with the order, you must contact PEPITA MOON via e-mail or by filling in the contact form provided on the web, giving us your personal data and order number, reflecting the discrepancy or problem and we will get in touch to solve the incident as soon as possible.
TRANSMISSION OF RISK AND OWNERSHIP
The CLIENT acquires ownership of the PEPITA MOON products at the moment the product leaves our attelier. The responsibility for the PEPITA MOON products will be transmitted to the user at the time the order is delivered.
PEPITA MOON complies with the regulations required by the different payment methods with which it is possible to make the purchase. PEPITA MOON accepts payments by credit or debit card (Visa, Visa Electron, Mastercard and American Express) as well as Paypal service.
When processing the order, all purchases from that moment are made under a secure connection (SSL) that guarantees the confidentiality of all your data.
Pursuant to our Security and Confidentiality Guarantee, we are particularly interested in offering our clients the highest level of security and protecting the confidentiality of their data. Therefore, purchases are made in a secure server environment under the SSL (Secure Socket Layer) protocol and all communications are transmitted encrypted under 128-bit encryption, which ensures the highest level of protection for communications.
PEPITA MOON reserves the right to verify personal data and adopt the appropriate measures so that the merchandise is correctly delivered.
PEPITA MOON will NOT know the CLIENT’s bank details.
The prices on our Website are shown in Euros (€) for all countries.
In accordance with current legislation, all purchases made from our Website will be subject to Value Added Tax (VAT) when purchasing from any EU country. The prices will include the corresponding tax at all times. Depending on the country of destination of the shipment, a fixed cost for packaging and shipping may be added to each order. The additional cost related to said concept will be indicated on the website. The shipping costs will be added in the summary of the purchase, before making the payment. PEPITA MOON reserves the right to modify the prices shown on the site without prior notice.
The price of the products will be the one stipulated at all times on our Website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply the product (s) at the incorrect lower price (even if we have sent the Shipping Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
CUSTOMS TAXES AND FEES
Trade to countries not belonging to the European Union, or to exclusive customs zones such as the Canary Islands, Ceuta and Melilla, both import and export, involve customs and tariff costs that depend on the policy of each country. The expenses generated by these customs procedures will be borne by the CLIENT. PEPITA MOON is not responsible for these expenses. Please for more information contact your local customs office.
RIGHT OF WITHDRAWAL
Form and period of exercise: The Law recognizes the customers of the European Union the right to freely withdraw from the contract of sale and return the item, without indicating the reasons, within a period of fourteen (14) business days from the day product receipt. The date of the receipt certifying the delivery of the product serves for the purposes of computing the aforementioned fourteen (14) day period. The exercise of the right of withdrawal will not be subject to any formality, it is sufficient that it be accredited in any way admitted by Law. The product must be in perfect condition (brand new condition, not used and with its labels, and in its original packaging). The exercise of the right of withdrawal by the CLIENT will not imply the imposition of any penalty. Said withdrawal will not be applicable for countries outside the E.U.
The CUSTOMER must bear the direct cost of returning the product, therefore returns with postage due will be rejected. In no case will we reimburse you for the return shipping costs.
The risks of loss, deterioration, impairment or damage of the product/s to that the withdrawal refers, are the responsibility of the client until their delivery to PEPITA MOON. To exercise the right of withdrawal the CLIENT may contact PEPITA MOON through the section Contact the web, or send an email to email@example.com, indicating your intention to return the product. Once the prodcut is received we wll indicate as soon as possible how to proceed for the return and the delivery address of the product to be returned.
Refund of the amount in case of withdrawal: PEPITA MOON will return to the Customer the amount paid for the product as soon as possible and, in any case, within a maximum period of fourteen (14) days from the withdrawal, as long as the product was received by PEPITA MOON under the conditions established in the previous clause. In the event that the returned product has any damage, its return will not be accepted and PEPITA MOON will not return the amount paid to the CUSTOMER, the customer being responsible for any new cost of shipping the product.
Exceptions to the Right of Withdrawal: As an exception, the right of withdrawal will not apply in the following cases: Contracts for the supply of goods made according to the consumer’s specifications or clearly personalized or guarded (Custom-made, personalized or bespoke orders).
CLAIMS / WRONG PRODUCT
IF The CLIENT wishes to make a claim, he/she can contact PEPITA MOON through the Contact section of the web, or send a email to firstname.lastname@example.org. After reviewing the article, in those incidents that justify the CLIENT’s claim, PEPITA MOON will communicate the repair of the product, whose expenses will be borne by PEPITA MOON, or it will be decided to replace the article with another identical if repair were not possible, under the terms established by current Spanish legislation. Deficiencies caused by negligence, scratches will not be claimed. and / or stains on the article, use or improper manipulations, or wear from normal use. The deadline for making a claim will be the one established by current Spanish legislation.
IF you receive a wrong order or defective product, we kindly ask you to contact us immediately, within 24 hours, at the following email address: email@example.com, indicating the error. In the case of problems with the packaging, You must notify the courier company at the time of the receipt of the order.
GUARANTEE AND PRODUCT INFORMATION
The products that we present on our Website are a careful selection from our collection. We have taken special care to show the colors and characteristics of our products with great precision. Of course, the calibration of each monitor is different, and we cannot guarantee that your monitor displays colors accurately.
EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whenever the cause of which is due to events that are beyond our reasonable control (“Force Majeure Cause”).
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include especially (without limitation) the following:
lockouts or other protest measures.
– Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
– Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
– Impossibility of using public or private systems of communications.
– Acts, decrees, legislation, regulations or restrictions from other governments.
It will be understood that our obligation to comply by virtue of a Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill our obligation for the duration of such period. We will use all reasonable means to end the Force Majeure Event or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event.
PROTECTION OF PERSONAL DATA
For the provision and use of the services of www.pepitamoon.com, CLIENTS may previously provide PEPITA MOON with certain Personal data. PEPITA MOON will process such personal data in accordance with current legislation, and with the purposes and conditions established in the Policy Privacy of PEPITA MOON published on the Website www.pepitamoon.com. When completing and sending any form incorporated in the Website, the user consents and expressly authorizes PEPITA MOON collect, automatically process or transfer, as the case may be, the data of a personal nature that are requested in accordance with the purposes and under the conditions detailed in each case. PEPITA MOON has adopted and will adopt all technical measures and organizational security that are mandatory in accordance with what is established by current legislation and standards of existing quality in the sector, in order to guarantee the maximum security and confidentiality of communications and personal data, and thus avoid their alteration, loss, treatment or unauthorized access. However, the user is aware that PEPITA MOON cannot guarantee absolute security, since any security measure on the Internet is relatively fragile, so PEPITA MOON is not responsible for any damages and / or losses and / or benefits not obtained by the user or any other third party that is harmed in that meaning, derived from illegal acts of third parties.
The user guarantees the authenticity of all the data communicated through the Website and will keep the information provided to PEPITA MOON updated, so that it corresponds at all times with reality, the user being solely responsible for false statements or inaccurate that you make, as well as the damages that it causes to PEPITA MOON or third parties.
These Conditions of Sale constitute the total agreement between the referring parties. In the event that one of the clauses of these conditions is null and void, this will not affect the rest of the conditions.
APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed by Spanish legislation. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this Contract, the parties submit to the Spanish Courts and Tribunals. The CLIENT, by virtue of his acceptance of the General Conditions of Use and the General Conditions of Sale, expressly waives any jurisdiction that may correspond to him, submitting to the Courts and Tribunals of the city of Algeciras.