The following terms and conditions must be accepted in order to place an order via the online store at http://www.moeyewear.com/en:
"SELLER": MULTIÓPTICAS, S.C.L. (hereinafter, MO), domiciled at Avda. de los Reyes, s/n, Polígono Industrial "La Mina", 28770 Colmenar Viejo (Madrid), Spain and with Tax Code (CIF) F28465193, email: firstname.lastname@example.org.
"CUSTOMER": Natural or legal person (non-consumer) who places the order.
"PRODUCTS": refers to frames and sunglasses of the "mó" brand, regardless of the model, and the cases for such glasses. The SELLER may, however, extend the offer to other optical and audiology products.
"AUTHORISED CHANNEL": means the direct sale at establishments dedicated to optical products and service for final consumers domiciled in the TERRITORY.
"TERRITORY": the town or city where the CUSTOMER has establishments and receives the order.
"MINIMUM PURCHASE": the minimum order that must be placed by the CUSTOMER in order to be processed. This order shall be that which, at any given time, permits the application of the "online purchase" service, or that which is reported by the SELLER at the time the CUSTOMER places their order by email or telephone.
"PRICE": the gross amount, not including taxes, fees or transport costs, of each one of the PRODUCTS according to the current rates communicated to the CUSTOMER at the time of the order.
Object and activity
Through its website at www.moeyewear.com, MO is dedicated to the sale and wholesale distribution of frames and sunglasses of the "mó" brand. It also includes the cases for these glasses and other optical and audiology products.
Conditions of Purchase
These Terms and Conditions shall apply to all purchases of the PRODUCTS via the "online purchase" service of the website at www.moeyewear.com, by email and/or telephone.
The PRODUCTS sold are those listed on the SELLER's website. The SELLER shall not supply spare or replacement parts for the PRODUCTS.
The CUSTOMER is authorised to sell the PRODUCTS to end consumers within the AUTHORISED CHANNEL in the TERRITORY. The SELLER does not authorise any other use or marketing of the PRODUCTS.
All orders must be placed via the "online purchase" service by means of the website at www.moeyewear.com, by email to the address email@example.com, or by telephone at +34 918357000. The order shall indicate the models and the number of units and shall be subject to approval by the SELLER depending on the latter's stock of available PRODUCTS at any given time. When the order is placed, the system will send an automatic message confirming the operation has been processed correctly. This message does not imply acceptance of the order. The SELLER shall respond to each order within a maximum of 15 working days of its receipt (according to the calendar of the city of Madrid (Spain). If a PRODUCT is out of stock, the SELLER shall try to replace it as soon as possible. If the ordered PRODUCT is out of stock, the SELLER shall remove it from the website as soon as possible. In the event the order is placed via "online purchase", the CUSTOMER will be able to find out the status of the order in the "my orders" section of their Private Area. Likewise, the CUSTOMER shall be informed of any changes occurring in the processing status of their orders by email.
The processing statuses or orders can be as follows:
- Pending: The order is pending payment and has not yet been accepted by the SELLER. The order shall not be processed until payment is received and accepted by the SELLER. - Paid: The SELLER has received payment for the order and the order is being processed. In the next few days a message shall be sent confirming that it has been processed, accepted and shipped.
- Shipped: The order has been shipped. It is no longer at the SELLER's premises and is either in transit or received by the CUSTOMER.
Sales are not final until orders have been accepted by the SELLER.
The SELLER shall inform the CUSTOMER of the estimated delivery date.
If the SELLER does not accept an order or part thereof, the SELLER shall contact the CUSTOMER to propose the delivery of other products, postponement or establishment of new conditions.
The SELLER shall be liable for the accuracy and veracity of the information contained in each order. The SELLER shall not be liable for any deliveries made in accordance with the CUSTOMER's erroneous orders.
Non-payment of any order shall entitle the SELLER to cancel other orders pending delivery to the CUSTOMER.
In the event of force majeure, unforeseeable circumstances or circumstances beyond the control of the SELLER, including, but not limited to, those related to the manufacturer, import or transport of the PRODUCTS by third parties, the SELLER may modify the scheduled delivery date of an order, suspend it or offer the CUSTOMER other products of equivalent quality and value to those of the suspended order.
It is the obligation of the CUSTOMER to pay the cost of transport. Once the PRODUCTS are placed at the disposal of the carrier, they are at the expense and risk of the CUSTOMER.
No PRODUCT may be returned to the SELLER except in the cases provided for in clause 5 of these Terms and Conditions.
Price, delivery and payment methods. Minimum purchase
The price of the products is established in US dollars (USD) and in euros (€), depending on the TERRITORY where the CUSTOMER is located. Transport costs shall be charged to the CUSTOMER.
The prices of the products exclude transport and insurance costs, as well as taxes, fees, customs and additional costs. All these must be paid by the CUSTOMER.
The SELLER may update the prices of the PRODUCTS at any time by modifying the tariffs.
The CUSTOMER undertakes to make the MINIMUM PURCHASE (if this exists) in order for the order to be processed.
The SELLER shall issue an invoice with the price of the orders each time it accepts them. These invoices must be paid by the CUSTOMER by bank transfer or credit card.
In the event that the CUSTOMER makes purchases via the website at www.moeyewear.com by credit card, when the CUSTOMER enters their bank details they will be redirected to a platform managed by a third party (the bank that issued their card), where the transaction will be carried out. From that moment, the CUSTOMER leaves the SELLER's website and, therefore, the SELLER accepts no liability whatsoever for any crashes, interruptions, incidents, faults, defects or undue charges that may occur. In the event that the CUSTOMER chooses to pay for their purchase by bank transfer, this must be made within a maximum period of three calendar days from the date the order is placed.
The delivery of each order shall be conditional upon receipt of the corresponding amount.
The SELLER shall only accept returns of the PRODUCTS when they do not correspond to the orders placed by the CUSTOMER or when they are defective from the factory. The SELLER shall not accept such returns if they are due to errors in the orders placed by the CUSTOMER. The SELLER shall also not accept returns that are due to damage caused during transport.
The SELLER shall not be liable for any damage or deficiencies arising from improper or negligent use of the PRODUCTS, nor for any intentional damage or tampering by the CUSTOMER or any third party.
If the CUSTOMER is entitled to return the product supplied because it does not correspond to the orders placed or because it is defective in manufacture, the CUSTOMER must notify the SELLER by email at firstname.lastname@example.org within a maximum period of seven (7) calendar days from receipt of the products. The CUSTOMER must, within this period, notify the SELLER in writing of the invoice number, the product details, the error or damage, photographs that may provide evidence of this error or damage and the units affected. Once this period has elapsed, the SELLER shall not accept claims/returns regarding defective products or products supplied in error.
Defective PRODUCTS or those supplied in error must be returned within a maximum period of thirty (30) calendar days from the notification of the defective item. The return should be made under the same conditions in which the CUSTOMER received the product (including the packaging and original labelling, as well as other decorative elements, case corresponding to the collection, unmarked, protected in its bag in the case of defect). In returns of frames and sunglasses, the complete piece must be sent with the corresponding case. Otherwise, the non-returned item shall be charged according to current rates. The SELLER shall examine the returned product and shall inform the CUSTOMER if it is to be replaced.
When applicable, PRODUCTS shall be replaced as soon as possible after the SELLER has confirmed its agreement.
Any expenses incurred by the CUSTOMER in returning the defective products when such return is appropriate shall be reimbursed by the SELLER, provided they have been previously approved by the SELLER in writing. The SELLER shall not refuse to approve return costs provided they are reasonable in accordance with the uses and customs of the sector and do not exceed the value of the PRODUCTS being returned.
www.moeyewear.com information security techniques that are generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these ends, the user/customer agrees that the provider may obtain data for the purpose of carrying out the corresponding authentication of any access controls.
Any contract-related process or process involving the inputting of personal data shall always be transmitted via secure communication protocol (HTTPS://) so that no third party has access to the information transmitted electronically.
Industrial and intellectual copyright
The SELLER guarantees the CUSTOMER that the PRODUCTS it sells do not infringe any law, right or interest of third parties relating to industrial and intellectual copyright and, where applicable, that it has the corresponding industrial or intellectual copyright licences.
By signing this Contract, the CUSTOMER does not acquire, from the SELLER, any rights regarding the brands, trademarks, logos or designs of the PRODUCTS, which shall always remain the property of the SELLER.
The CUSTOMER may, however, use the brands with which the PRODUCTS are identified solely to promote and advertise them, making sure to include, in each reference it makes to the brand of the PRODUCTS, that it is a registered trademark and that it belongs to or has been licensed to the SELLER. Any publicity or mention made by the CUSTOMER with respect to the SELLER's brands must be authorised in advance by the SELLER, always in writing.
The CUSTOMER shall refrain from:
a. Altering, copying or imitating the brands or designs of the PRODUCTS, or using them in a way that modifies them in any way or serves to identify products other than those supplied.
b. Using any of the SELLER's brands as part of the CUSTOMER's corporate or business name.
c. Apply for or register as a brand or domain name in the TERRITORY or elsewhere, a name or brand that is the same or similar to any of the SELLER's brands or domain names.
MO reserves the right to make changes and updates to the products, prices, promotions and other conditions contained on this website.
MO, within its means, endeavours to ensure that the information provided on this website is accurate and free from typographical error. In the event that a typographical error occurs, it shall be corrected immediately. Should a customer decide to make a purchase based on such an error, MO shall immediately inform the customer of the error and both parties shall be able to cancel the purchase at no cost at all times.
Limitation of liability
The SELLER's liability is limited to the PRICE paid by the CUSTOMER for the PRODUCTS. In no way shall the SELLER be liable for any loss of profit, loss of income, downtime costs or, in general, any kind of loss the CUSTOMER may suffer as a result of the non-shipment or defective shipment of the PRODUCTS. 7.2 This limitation of liability shall prevail over any other document or statement, prior or subsequent, that may be contradictory or inconsistent with it, unless such provision further limits the liability of the SELLER.
Any taxes not included in these terms and conditions shall be met by the CUSTOMER. In the event that the SELLER, at its sole discretion, pays any tax, the CUSTOMER must reimburse the cost thereof to the SELLER.
The CUSTOMER undertakes to keep secret any information of a technical, scientific, commercial, financial or other nature regarding the SELLER, this contract, its enforcement or any of the PRODUCTS, to which it has access as a consequence of this contract. This obligation shall continue to be in force even after the commercial relationship between the parties has been terminated and shall be open-ended in nature.
In compliance with the provisions of current Data Protection legislation, we inform you that MULTIÓPTICAS, S.C.L., as Data Controller, will process your data in order to manage the business relationship existing between the parties, as well as the administrative, accounting and tax management of any orders placed and their subsequent processing.
Your data will be passed on to courier companies and other transport companies that will carry out the delivery of goods on our behalf. Also, service providers for our hosting and maintenance of our "online" store may potentially have access to your data. In any case, MULTIÓPTICAS, S.C.L. shall take all necessary measures to ensure compliance with current data protection legislation regarding the data of our users by our suppliers.
Unless required by law or with your express consent, MO shall not disclose your data to third parties other than those identified herein.
Legal scope for using users' email addresses
By registering in the private area of the website and purchasing our products, users will receive promotions by email as well as information regarding our products that may be of interest to them. This service is subject to the provisions of Article 21.2 of Law 34/2002, on Information Society Services and Electronic Commerce, amended by Law 32/2003, of 3 November, the General Telecommunications Act, which authorises the sending of commercial communications by electronic means when there is a previous contractual relationship and products or services similar to those that were the object of the contract are advertised. Each mailing shall provide a simple and free means for the recipient to unsubscribe from the system of commercial communications by email.
Notices between the Parties must be made in writing, including by email, to the addresses of the SELLER indicated in these Terms and Conditions and the addresses of the CUSTOMER indicated in the customer registration or order request form.
By accepting these General Terms and Conditions of Purchase, the Customer consents to MO issuing them with all invoices arising from the transactions made and taken out through the use of this site in accordance with the rules for Electronic Invoicing in Spain.
Jurisdiction and applicable law
The parties accept the jurisdiction of the Courts and Tribunals of Madrid. However, the SELLER may, at its own discretion, also sue the CUSTOMER before the judges and courts of the capital of the country where the CUSTOMER is domiciled. These terms and conditions and their effects shall be governed by Spanish Law.