GENERAL TERMS AND CONDITIONS OF SALE
1.1. The distance selling of products of the «by Morgana» brand through this website (hereinafter, the «Website») is governed by the following General Terms and Conditions of Sale. Fashiondesign1977, S.L. directly sells the products offered on the Website (hereinafter "by Morgana"). by Morgana is a company incorporated under Spanish law, with registered office at Calle Colon 84, Valencia 46004, Spain.
1.2. The use of the distance selling service regulated in these General Terms and Conditions of Sale is reserved exclusively for consumers (hereinafter individually designated as "Customer" and, collectively, as "Customers"), that is, natural persons acting for purposes unrelated to commercial, business, artisanal or professional activities that they could carry out, over 18 years of age (or, if the person were a minor, authorized by their legal representative). The resale or transfer for commercial or professional purposes of the products purchased on the Website is expressly prohibited.
1.3. The products offered for sale on the Website may be delivered to an address in Spain, including the Canary Islands, Ceuta and Melilla.
1.4. The languages used to formalize the sales contract through the indicated Website are: Spanish, English and Italian.
1.5. These General Terms and Conditions of Sale are published on the Website for the purposes of Customer information, storage and reproduction, in accordance with the applicable laws currently in force.
1.6. The purchase of the products is governed exclusively by the General Terms and Conditions of Sale published on the Website and in effect at the time of the corresponding purchase. by Morgana reserves the right to modify the General Terms and Conditions of Sale at any time. The modifications will only be effective in relation to purchases made after the date on which the new version of the General Terms and Conditions of Sale is published. Once these General Terms and Conditions of sale have been replaced, the previous version will cease to be applicable, will not be effective and will not be enforceable with respect to purchases made after said previous version has been removed from the Website, also in the case that said General Terms and Conditions of Sale are accessible and / or available in some way to the general public through websites other than those indicated above.
2. Availability of products
2.1. The Customer acknowledges that the number of products offered by Morgana on the Website (hereinafter, the "Products") is limited and, therefore, is aware that by Morgana you must check their availability at the time of purchase.
2.2. Occasionally, the availability of certain products may cause inconvenience. In such circumstances, by Morgana will notify the Client immediately (and, in any case, within the deadlines specified below) by email that the order placed has been canceled. In case the order is only partially available, the Customer will be informed. In any case, the Client consents and accepts to receive only the Products that are available, unless he has selected on the Website the option of receiving the order separately. In that case, the Customer will be asked if he wants to receive the Products that are available or wants to cancel the entire order.
2.3. by Morgana reserves the right to modify the items offered for sale on the Website at any time, without prior notice.
3. Purchase process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link that shows the photographic images of the article, the unit price, colors and sizes (if applicable). For Products expressly marked on the Website as "Reserve", "Reserved Product" or "Custom Products" and that are not ready to be sent, the dedicated link will also show the estimated delivery time.
3.2. The Customer may purchase one or more Products, up to a maximum of 4 units per Product, except as provided for certain types of Products. by Morgana reserves the right to modify at any time the limitations of the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer will go to a special section (hereinafter referred to as the "Shopping Bag"). A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, will be included in the Customer's Shopping Bag.
3.4. Although by Morgana constantly takes measures to ensure that the photographs that appear on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and the resolution of the color of the device used by the Client. Therefore, by Morgana will not be responsible for the possible deficiency of the graphic representations of the Products displayed on the Website for technical reasons.
3.5. To view the selected Products and the total price of the purchase order, enter the page of the Shopping Bag. Before confirming the relevant order (hereinafter, the "Order"), the Customer must check the accuracy of the contents of the Shopping Bag and fill out the Order form following the instructions provided on the Website.
3.6. The purchase process is completed as soon as the Customer presses the confirmation button of the corresponding Final Order (hereinafter referred to as the "Purchase Button"), thus validating his Order, which will be sent directly to by Morgana. After pressing the Purchase Button, the Customer can no longer modify the content of the Order.
3.7. Before confirming the order, the Customer must confirm that he has read and accepted these General Terms and Conditions of Sale. At the end of the purchase process, it is recommended that the Client save or print the General Terms and Conditions of Sale.
3.8. The purchase process must be completely completed, otherwise the Order cannot be sent to by Morgana.
3.10. Customers who have registered to log in to the reserved area of the Website can check the status of their Order by logging into that area and accessing the "My Orders" page.
3.11. The Client is aware that he is responsible for the accuracy and veracity of any data entered on the Website or that is otherwise used at the time of purchase.
3.12. The customer is aware that the Website may also: - reserve a selection of Products before its commercial launch or distribution and placement in the market, and - order Products that you wish to customize permanently by adding indelible personalizations in accordance with the modalities indicated in the Website (such as hot stamping). The customer understands that these Products are not yet available for delivery at the time of formalization of the corresponding order. The Products that Customers can reserve are clearly identified and marked on the Website with the words "Reserve" or "Reserved Product", and Products that can be customized by Customers are clearly identified and marked on the Website with the mention "Custom Products".
3.13. The Customer understands and accepts that, if you reserve a Product and / or request a Personalized Product, the corresponding price shown on the Website and that appears in the Shopping Bag section will be charged to the Customer at the time of the Receipt of the confirmation email, as defined in section 4.2 below, even if the Reserved Product and the Personalized Product are not ready to be sent at that time. The Reserved Product and the Personalized Product will be delivered to the customer within the estimated period specified in the description of the Product page. In the event that the Order sent by the Client also contains one or more Reserved Products and / or Personalized Products in addition to the Products already available, all reference prices related to said Order will be charged in advance to the Client at the time of receipt of the confirmation email, even if said Reserved and Personalized Products are delivered within the estimated reference periods specified in the description of the Product page.
3.14. Additional specifications related to payment, delivery and confirmation of Reserved Products and Custom Products are mentioned below in the respective sections.
3.15. The Client understands and accepts that, in addition to what is specifically stated in this document for Reserved Products and for Personalized Products, the other sections of these General Terms and Conditions of Sale will also apply to Reserved Products and Personalized Products.
4. Formalization of the contract
4.1. Once the Order is confirmed, it is sent to by Morgana for processing and cannot be modified or canceled. by Morgana will process the Order placed by the Client only if the complete purchase process has been duly completed, without the Website having reported any errors. Once the Order has been placed, the Customer will receive without undue delay an email acknowledging receipt of the Order by by Morgana, which does not mean, however, that the Order has been accepted. The acceptance of the Order by by Morgana and the conclusion of the contract will be carried out as described below in section 4.2.
4.2. The contract between by Morgana and the Client shall be deemed formalized as soon as the Client receives one or more confirmation emails from by Morgana (hereinafter referred to as the "Confirmation Email"). The Confirmation Email will be sent to the address indicated by the Customer in the order form and will establish the relevant confirmation and a summary of the terms and conditions of the sale, such as the description of the Product and its main features, the total price of the order, including any shipping costs, the address for claims, information on after-sales services, the Customer's right of withdrawal and its exercise.
4.3. by Morgana reserves the right not to accept the Order made by a Client in the following cases: a) if the Products included in the Order are not available, except in the case of Reserved Products; b) if there is a dispute between by Morgana and the Customer in relation to a previous Order; c) if the Client has breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled its obligations arising from them; d) if it is detected that the Client is buying the Products for resale or for sale for commercial or professional purposes; e) if the Client has participated in or is suspected of illegal or fraudulent activities. In these cases, by Morgana will inform the Customer by email, within 30 days from the date of receipt of the Order, of the cancellation of the Order received. In this case, the Order will not be considered as accepted by Morgana.
4.4. In case the order is only partially available, if the Customer has selected on the Website the option to receive the order as a whole, they will be asked if they wish to receive the Products that are available or wish to cancel the entire Order. If the cancellation is only partial, only the price of the Products actually purchased will be charged to the Customer. The Client consents and accepts to receive only the Products that are available, unless he has selected on the Website the option of receiving the order as a whole.
5. Price and payment method
5.1. The prices of all Products offered for sale on the Website include the applicable VAT or the equivalent tax, but do not include shipping costs.
5.2. Prices will be expressed in euros (EUR).
5.3. The total price shown on the Shopping Bag includes the shipping costs that may be applicable, and which will be indicated separately. In any case, by Morgana will request the express consent of the Client to collect any additional costs.
5.4. The prices that appear on the Website and that are shown in the Shopping Bag section when the Customer confirms the Order by pressing the Purchase Button will be charged to the Customer, provided that the Products requested are available at that time, except when the Order contains Reserved Products and / or Personalized Products, in which case, the total price will be charged in advance according to the following clause 5.6, even if they are not ready to be delivered at that time. by Morgana reserves the right to modify the prices of the Products offered for sale on the Website at any time and without prior notice, but will not modify the price of the Products that the Customer has already requested through the “Purchase Button” .
5.5. by Morgana only accepts credit cards and other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Client confirms and guarantees that he is the holder of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as the card number credit, the expiration date and, if applicable, the security code. Transaction amounts will be charged to the Client only after: (i) verification of credit card data, (ii) receipt of debit authorization by the company issuing the credit card used by the Customer, and (iii) confirmation by by Morgana that the product is available and, in any case, after the Order is ready to be processed. For Orders that contain Reserved Products or Custom Products as well as Orders that also contain Reserved Products and / or Custom Products, the Customer will be charged the full price for all Products — that is, all Products that are available on that time and Reserved Products and / or Custom Products that are not yet available for delivery at that time — at the time of the confirmation email. No amount will be charged at the time of placing the Order.
5.7. For the purposes of payment through other payment service providers, the Client confirms and guarantees that he is the owner of the account used for the purchase. Customers will only be charged the amounts of the corresponding transactions upon receipt of the Confirmation Email by Morgana.
5.8. Products purchased will only be sent once the amount due by the Customer has been duly paid. In the event that the amounts due for any reason cannot be charged to the Client, the sale process will be automatically terminated and the sale will be canceled, which will be subsequently notified to the Client accordingly.
5.9. In the event that one or more Products are not available and the Customer has decided not to cancel the order completely, only the price of the Products available and the possible associated shipping costs will be charged.
5.10. By accepting these General Terms and Conditions of Sale, the Client expressly accepts and authorizes by Morgana to issue the invoice electronically, which will be sent in PDF format to his email address. However, the Client will have the right to revoke said consent at any time and to indicate his desire to receive a paper invoice, in which case by Morgana he will issue and send the invoice in paper format.
6.1. Customers will receive the Products one by one as soon as they are ready to be sent, except if the Customer has selected on the Website the option to receive the entire Order in one delivery. The Products will be delivered to the address indicated by the Customer in the Order. At the time of delivery of the Products, the signature of the Client will be requested.
6.2. For security reasons, by Morgana will not process any order addressed to a post office box or accept orders that do not allow identification of the individual who is considered to be the recipient of the order and the corresponding address.
6.3. Products offered for sale on the Website may only be delivered to addresses in the territories indicated above (section 1.3). By virtue of the foregoing, any Order that involves delivery outside these countries will be automatically rejected when the Order is processed.
6.4. In the event that the Customer is subject to the application of the shipping costs, said costs will be expressly indicated and separated from any other cost or expense when the Order is completed and before pressing the Purchase Button.
6.5. In accordance with the applicable laws currently in force, the period within which by Morgana must deliver the Products purchased is 30 (thirty) days from the date of formalization of the contract, with the exception of cases of force majeure. Provided that the Order contains Reserved Products and / or Personalized Products, the delivery date will be greater than 30 days and by Morgana will deliver within the estimated reference periods or during the estimated delivery time agreed with the Customer, as is reflected on the product description page.
6.6. In the event that by Morgana does not deliver the Products requested within the aforementioned period, the Client will request that by Morgana deliver said Products within an additional period appropriate to the circumstances, in accordance with the applicable laws currently in force. In any case, the Client will have the right to immediately terminate the contract if the requested Product is not delivered within the specified additional period.
6.7. by Morgana may divide the Order into multiple shipments, depending on the availability of delivery of the Products, so that the Customer will receive them separately based on their availability to be sent, except if the Customer has selected on the Website the option to receive the entire Order together. by Morgana may charge the Customer for the Products when they are sent, and as they are shipped, or as a single payment.
6.8. As soon as the purchased Product is sent, the Customer will receive an email at the address indicated in the Order. This email will contain a shipping tracking code and an exclusive link that will allow the Customer to track the delivery in real time. By Morgana Customer Service will provide the necessary assistance in relation to any possible problem related to delivery. Customers can contact the Customer Service of by Morgana by email at the address: email@example.com.
6.9. As an alternative to delivery by courier service, the Customer may request to pick up the Products purchased directly from a store that can be selected on the Website at the time of purchase, as long as the Order does not contain Reserved Products or Custom Products. In the event that the Client does not pick up the Products within 30 (thirty) days after receiving the email informing him that the Product is available for collection, by Morgana may cancel the sale. In this case, the Customer will be informed by email of said cancellation and will be reimbursed for any amount already paid.
6.10. The Client will assume the risk of loss or damage to the Products from the moment in which the Client, or a third party designated by the Client and other than the carrier, takes physical possession of said Products. On the other hand, in case the loss or damage of the Product occurs before the physical delivery to the Client or to a third party designated by the Client, by Morgana will reimburse the Client for the amounts already paid.
7. Product compliance and legal guarantee
7.1. At the time of delivery, the Customer must check the Products to confirm that they match the ordered items and that they do not show manufacturing defects or lack of conformity. The sale of the Products «by Morgana» is subject to the guarantees provided in the applicable laws, as well as in the additional contractual guarantees that may be provided to the Client.
7.2. In case of manufacturing defects or lack of conformity, the Client will have the right to demand that the conformity of the products be restored through the repair or replacement of the Product, at no cost, unless the required remedy is objectively impossible or excessively burdensome compared to the other remedy. If any of the cases provided by law apply, the Client may request a congruent reduction in the price or termination of the contract, as well as the subsequent reimbursement of the purchase price paid. It is understood that the Client will lose said right if he does not notify by Morgana of the non-conformity of the Product within 2 (two) months following the date on which the defect was detected. In any case, by Morgana is responsible for the lack of conformity of the Products that appear within a period of two (2) years from the delivery of the corresponding Product.
7.3. In order to notify the existence of defects and lack of conformity in the product and to demand any of the resources mentioned above, Clients can contact by Morgana at the addresses indicated in section 12 below.
8. Returns and refunds - Withdrawal
8.1. The Client has the right to withdraw from the contract within 14 (fourteen) days from the delivery or collection of the Products, except for the Personalized Products. In the case of Split Orders, the corresponding term will begin on the day of delivery or collection of the last Product.
8.2. To exercise the right of withdrawal, Customers may use the specific form available in the "Returns" section of the Website or directly in the "My Account" section if the Customer in question is registered on the Website. To do this, Customers must: (i) complete the online form with the required information, (ii) place the sticker with the return address included in the package, (iii) send a collection request to the service of courier designated by Morgana by sending an email to firstname.lastname@example.org, specifying the address, telephone number and date selected for package pick-up, date to be confirmed with the courier service. A form with instructions for product returns will be included in each package containing the Products purchased.
8.3. In the event that the Client complies with the procedure established in the previous paragraph, the courier service designated by Morgana will pick up the package containing the Products to be returned without charge to the Client. If, on the other hand, the Client does not comply with said procedure, the return costs and any responsibility for loss, theft, damage or delay in delivery will be borne by the Client.
8.4. The Client may also obtain the address to which the Products must be returned by contacting by Morgana at the following email address: email@example.com.
8.5. The Client undertakes to return the Products in relation to which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days following the date on which Morgan has been notified by exercise of the right of withdrawal.
8.6. Products must be returned in the same conditions in which they were delivered. Therefore, the Customer must ensure that the Products are intact and complete, that they have never been used, that they are not worn or damaged in any way, and that they are returned in their original packaging, with all the labels they had when they were received. . In the event that a Product has been delivered with a security label, the return of this Product will not be accepted if the original security label has been removed, broken or damaged. The Client is also informed that, for safety and sanitary and sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. by Morgana will check the packaging and conditions of each Product returned, being the substantial integrity of said Products an essential requirement for the exercise of the right of withdrawal. by Morgana reserves the right to refuse the return of Products that were damaged, deteriorated, stained or appear to be in a condition that clearly demonstrates that they have been used for purposes other than the Customer's checks strictly necessary to verify the nature and Characteristics of the product purchased. In case of refusal of the return, by Morgana will send a specific notification to the Client and, consequently, will not proceed to the return of the amount paid by the Client, also reserving the right to claim compensation for any damage attributable to the Client's behavior .
8.7. by Morgana will reimburse the amounts due for the Products returned without undue delay and in any case within a period of 14 (fourteen) days from the date on which by Morgana becomes aware of the exercise by the Client of the right of withdrawal. In any case, by Morgana reserves the right to withhold the reimbursement until receipt and verification of the Product or until the Customer proves that he has returned the product properly and in intact conditions, whichever occurs first. The aforementioned refund will be made by payment of the amount paid by the Client with the same payment method used for the purchase, unless the Client expressly agrees otherwise and provided that no cost is incurred as a result of the refund. by Morgana will inform the Customer by email of the refund of the amount.
8.8. by Morgana will not be obliged to reimburse the delivery costs of the Products in case the Client has specifically selected a delivery method other than the standard delivery offered by by Morgana.
8.9. The return of Products under this section is only allowed in relation to purchases made on the Website.
8.10. Taking into account the fact that the modifications operated on the Personalized Products are permanent and personally specified by the Client, and that the Product cannot be returned to its factory state, the Client may not exercise the right of withdrawal in relation to any Custom Product Therefore, the provisions of this Section 8 do not apply to Personalized Products, although this exclusion of Personalized Products from the right of withdrawal does not affect the legal guarantees, reflected in Section 7, also applicable to these Products.
9. Limitation of liability
9.1. Except in case of malicious conduct or gross negligence, by Morgana will not be liable in any way to the Client for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
10. Authenticity of the product and intellectual property rights
10.1. by Morgana guarantees the authenticity and high quality of all Products offered for sale on the Website.
10.2. The «by Morgana» brand, as well as all figurative and non-figurative marks and, more generally, all other brands, illustrations, images and logos found on the corresponding products, accessories and / or packaging of «by Morgana », Regardless of whether or not they are registered, are and will remain the exclusive property of the Group by Morgana. It is strictly prohibited the reproduction, total or partial, the modification, alteration or use of such marks, illustrations, images and logos, for any reason and in any medium.
11.1. These General Terms and Conditions of Sale are governed by Spanish law and will be interpreted accordingly, without prejudice to any other mandatory legal provision more favorable to the Client applicable in the Client's country of habitual residence.
11.2. In case of conflict arising from the interpretation and / or application of these General Terms and Conditions of Sale, the courts of the place where the Client is domiciled or resides, if he is in Spain, will have exclusive and mandatory jurisdiction. In the event that the Client's domicile or residence is not in Spain, the Client may, at his option, refer the matter to the court of the place where he is domiciled or where he resides or to the courts of the city of Madrid (Spain). Alternatively, the Client may opt for one of the out-of-court dispute settlement procedures provided for in the applicable laws currently in force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/ odr.
12. Contact information
12.1. For any claim, additional information or assistance related to the Website or the purchase process and, in any case, for any request for information and / or clarifications in relation to these General Terms and Conditions of Sale, Customers may send An email to the following address: firstname.lastname@example.org, or contact Customer Service d, or call our number.
Last update: November 5, 2019