1. OBJECT AND SCOPE OF APPLICATION
1.2. Using this website or registering as a user presupposes the acceptance of these General Conditions.
1.3. These General Conditions will apply to the services and to the operations of sale of products between Giovanna Moon and her Clients. (hereinafter, "Client").
1.4. They will also be accepted by the Client, for all purposes, when taking any request to Giovanna Moon.
1.5. These General Conditions exclude the application of any general purchase conditions of the Distributor or third parties.
1.6. The sales transactions between Giovanna Moon and the client will be complemented, as the case may be, by the Particular Conditions that can be expressly agreed between the parties, lacking value, for all purposes, any other conditions that have not been expressly accepted in writing.
2.1. Once the registration procedure in our system is completed, the Distributor can process his order through the following means:
- 2.1.1. Electronic commerce: Through the website giovannamoon.shop, following the established purchase procedure.
2.2. The execution of the order by the Client implies the full acceptance of the prices, the description of the products for sale and the present General Conditions. In order for the order to be considered effective, you must receive an express confirmation from Giovanna Moon. All orders are subject to the availability of the items.
2.3. Our products are proposed in the limit of available stock shown on the web. All errors or exceptional modifications are beyond our control and do not imply any responsibility on the part of Giovanna Moon. In case of unavailability of the product, once the order has been placed, we will inform you by email of the delay, partial delivery or cancellation of this.
2.4. Most of the products indicate a period of 24/48 hours. Giovanna Moon will try to issue orders within the indicated period, but sometimes delays may occur outside our control, without generating any right to compensation. The preparation times that exceed 24/48 are estimates, so Giovanna Moon does not guarantee the expedition in the estimated deadlines indicated.
2.5. Giovanna Moon reserves the right to modify the design of the products and / or the packaging of them in their constant search to improve them and adapt them to the needs of the market, always guaranteeing that the quality will be similar or superior.
3.1. The sale prices include VAT. Shipping costs will be calculated and added at the end of the order.
3.2. The price of the articles does not include advice, installation, training or any other type of technical support, other than that specified in the warranty rules described in these General Conditions.
3.3. The prices included in the electronic commerce of Giovanna Moon are subject to variations without prior notice, including its technical specifications.
4. METHOD OF PAYMENT
4.1. The customer can make the payment by credit or debit card.
4.2. The use of any of these payment methods implies the acceptance of the conditions associated with it.
5. SHIPPING AND TRANSPORTATION
5.1. The material will be shipped to the address indicated by the Customer at the time of purchase.
5.2. The delivery times will be indicated on the website. These may vary depending on the payment method chosen.
5.3. Giovanna Moon offers multiple transportation options. The availability of the same depends on the destination and the goods transported.
5.4. The transport times will depend on the destination and the chosen transport option
5.5 The periods indicated are of an estimative and non-binding nature. The delay in meeting the deadlines will not entitle the Customer to demand direct or indirect damages or compensation, reject the order or suspend compliance with any obligation, especially the payment.
5.6. If necessary, the customer is responsible for contacting Giovanna Moon to provide all necessary information to the carrier to make the delivery.
5.7. Giovanna Moon will not be responsible for the total or partial non-compliance or the delay in the fulfillment of its obligations towards the Distributor, if it was motivated by a fortuitous event or force majeure that affects both Giovanna Moon and her suppliers or carriers, including strike situations, other labor or industrial contingencies, lack or impossibility of obtaining products, etc. Giovanna Moon will be able to give for cancellations and without effect the orders of products in course, without that it accrues indemnification or compensation some in favor of the Client.
6. RECEPTION OF SHIPMENTS
6.1. It is the Customer's obligation to check at the time of receipt of the goods, that the delivery corresponds to the requested order, appears on the invoice and is correct in its presentation, status, documentation and packaging. In the event that any package has visible signs that could suspect that they may be damaged, it is the Customer's obligation to record in writing on the delivery note (whether digital or on paper) that the goods are damaged. Accepting the goods without this reservation invalidates subsequent claims by the Client.
6.2. In the case of being in any situation contemplated in the previous point, you must open an incident (from now on ticket) by email.
6.3. Claims will only be accepted by the Client within 2 calendar days after receipt. Once said period has elapsed without having made the claim, it shall be understood that the goods have been received by the Recipient in perfect condition of quality and quantity.
6.4. Giovanna Moon will reserve the right to resend or refund as she sees fit.
7. WARRANTY CONDITIONS
7.1. The guarantee of the products purchased by the Client of Giovanna Moon that will subsequently be distributed to consumers and users will be managed directly between the Client and said consumers and end users.
7.2. The Client must comply with the conditions established in 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 regulations.
7.3. Products that have their own authorized Technical Assistance network will be subject in such case to the conditions and procedures of guarantees established by them.
7.4. Giovanna Moon offers the Customer, as a general rule, a 24-month warranty on its products, covering only the manufacturing defects of the product.
7.5. Giovanna Moon will not accept any shipment that has not been previously authorized by assigning an RMA number ("Return Merchandise Authorization") through our After Sales Service.
7.6. In the event that the product presented as defective does not really have such a defect, Giovanna Moon will notify the client of its non-reimbursement. This is stored for 7 days in the SAT waiting for the Client to confirm if he wants to recover the product after payment of the corresponding postage, or its abandonment. After this period you will lose the right to any claim.
7.8. The guarantee will be automatically invalidated in these cases:
- 7.8.1. For loss or manipulation of any of the control labels of the manufacturer and / or intermediaries of the distribution channel and / or Giovanna Moon.
- 7.8.2. When the cause of the damage or damage is due to incorrect use, the non-application of the instructions in the manual that accompanies it, as well as accidents, misuse, blows, breakages, accidents or breakdowns caused by other causes not attributable to the normal operating conditions.
- 7.8.3. When it comes to repairs due to lack of maintenance, adjustment, revision or cleaning.
- 7.8.4. Use in unsuitable environments (with dust, exposed to direct sunlight, with vibrations, with extreme temperatures [below 5ºC and above 40ºC], humidity outside limits [less than 10% and above 95%] and intakes of current without earthing protection, nor protection against surges).
- 7.8.5. For improper use of the installed software or for the use of illegal software.
- 7.8.6. For damages caused as a consequence of viruses or computer attacks.
- 7.8.7. Because there is a life cycle lower than the established guarantee period.
8. LIMITATION OF LIABILITY
8.1. Giovanna Moon does not guarantee or respond to the lack of suitability of the products for the purposes intended by the Client.
8.2. Giovanna Moon will not be responsible in any case for any cost, charge or damage incurred as a result of any breach by the Client of its obligations arising from these General Conditions, or the violation by the Client of any law or regulation in terms of consumer protection, health and public order.
8.3. Giovanna Moon will not respond in any case to the Client or third parties for direct, indirect, derivative or related losses or damages for the purpose of this contract or the incorrect operation of the product, including accidents to persons, damage to property other than the object of the contract or loss of benefits.
9. CONDITIONS OF SALE OF PERFUMERY, COSMETICS AND OTHER PRODUCTS OF FIRST BRANDS.
9.1. Giovanna Moon has been authorized for the use and exploitation of the rights on the images of perfumes and cosmetics and other products of the first brands that are used on its website. These contents are protected by the legislation on intellectual property.
9.2. The suppliers of the top brand perfumery and cosmetics products that it sells through its platform have guaranteed to Giovanna Moon that all the products are original, that they have been purchased either from their owners or from other authorized suppliers and, in turn, , they have the necessary permits and authorizations for their distribution.
9.3. The suppliers of the products marketed by Giovanna Moon have expressly guaranteed that the products have not been modified or altered, being of free transit and circulation within the European Common Market. These products are covered by the principle of free movement of goods within the European Union and by the exhaustion of trademark rights, so they can be legally marketed by their distributors.
9.4. Giovanna Moon is not an official distributor of the brands and only acts as a reseller within the sales channel in the European economic space.
9.5. Giovanna Moon is aware of the image of all these brands and in no case will attempt against her good name
9.6. The suppliers of Giovanna Moon and official and authorized distributors of the brands have expressly guaranteed Giovanna Moon that they have specific permission to resell the products on the internet through platforms or marketplace such as the one on their website.
9.7. The published images of perfumery products may not correspond to the format sent by the manufacturers, manufacturers reserve the right to change the packaging and format of the products without prior notice.
10. CONDITIONS OF SALE OF FURNITURE AND DECORATION PRODUCTS.
10.1. The images of the furniture may undergo slight variations in their tonality. In natural wood furniture the color and veins may vary due to the nature of each wood used for its construction. Likewise, the color configuration of the monitor of each user could show a tone or color slightly different from the original, this being not a reason for the Customer's claim.
11.1. Giovanna Moon recognizes the importance of protecting the privacy and rights of its Clients and guarantees the correct treatment of their data respecting the legislation in force.
11.2. The Client, by registering on the website of Giovanna Moon, expressly accepts the processing of their personal data.
12. INTELLECTUAL AND INDUTRIAL PROPERTY
12.1. This website is the property of Koruai Limited, as well as all rights to its content, images, texts, design and software. All elements of this page, including without limitations, its design and content are protected by the laws of Intellectual Property, Industrial Property and international treaties related to Copyright.
12.2. Unless explicitly authorized by Giovanna Moon, you can not reproduce, transmit or exploit the content of this website in any way.
13.1. If any provision of these conditions lacks or becomes invalid or becomes unenforceable under the applicable law, such stipulation would have no effect, but only to the extent of that precise lack of validity, and will not affect any other provision of the present conditions.
14. APPLICABLE LAW AND JURISDICTION
14.1. These General Conditions of Sale will be governed and interpreted in accordance with current legislation in the Spanish territory.
14.2. In the event of litigation, the contracting parties submit to the Courts and Tribunals of Valencia (Spain) with express waiver of any other jurisdiction that may correspond to them.
14.3. However, the previous point will not prevent Giovanna Moon from exercising the right to resolve any litigation in another competent jurisdiction.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.