The WEBSITE: https://moya.es is held by LICORES MOYA 1890 SL, hereinafter MOYA, the administrator of the website. Due to the content and the purpose of this WEBSITE, any individuals who wish to request information must fill out a contact form, and any individuals who wish to order products from the website, must firstly register as USERS/CUSTOMERS by filling out the PURCHASE RECORD form. The user´s data will be included in a computerised file, which will be protected according to the terms set forth in article 13 of the General Data Protection Regulation EU/2016/679 of the European Parliament and of the Council, of 27 April, 2016, the LOPD-3/2018 on the Guarantee of Digital Rights dated 5 December, the Directive 2011/83/EU on the rights of consumers, the Electronic Information Law, 34/2002, LSSI-CE and the Royal Legislative Decree 1/2007, and the Law 3/2014, dated 27 March, by which the General Consumer Protection Law and other Laws were modified.
Pursuant to article 6, section F, of the GDPR-EU-2016/679 and article 7 LOPD-3/2018 on the Guarantee of Digital Right, regarding the interests or fundamental rights and freedoms of any data subject who requests the protection of their personal data, when the subject is a minor under the age of 18 years who cannot give their consent for an online business to collect their personal data, their legal representatives (parents or guardians) may do so on their behalf, except in the case in which the minor is over the age of 16 years, in which case their consent will be lawful.
1.INFORMATION ABOUT THE PRODUCT ON SALE:
The WEBSITE: https://moya.es, which is owned by MOYÀ sells liqueurs including wine, creams, muscatel, herbs, shakes and cocktail liqueurs produced by the company itself.
2. PRODUCT AND SHIPPING COSTS:
All of the prices on the WEBSITE include taxes (VAT), however the shipping costs may vary depending on the weight, volume, and distance, and customers will be informed of the applicable shipping costs when they place their order in the MY BASKET section.
3. PLACING AN ORDER
Once the order has been placed, that is to say, once the purchase conditions and the conditions of use for the website have been accepted and the purchase has been accepted in the MY BASKET section, the administrator of the website https://moya.es will send the USER/CUSTOMER an e-mail outlining the products that have been purchased.
4. PAYMENT METHOD:
The USER/CUSTOMER must pay for their order in euros EUR € once it has been placed.
This WEBSITE meets the PCI-DSS regulation (Payment Card Industry-Data Security Standard), which is mandatory for all websites that collect, manage and process sensitive financial information such as bank card details.
The USER/CUSTOMER must pay the corresponding order amount using the following payment systems: DEBIT CARD, VISA, MASTERCARD and others.
The USER/CUSTOMER must notify the website administrator of any incorrect or fraudulent charges in the payment system via e-mail, firstname.lastname@example.org as soon as possible so that the administrator can deal with the issue.
5. TIME AND PLACE OF DELIVERY OF ORDERS:
Depending on the shipping address, different shipping options available. The delivery times for each of the shipping methods and for each destination are specified in the order confirmation processes, which are included in the descriptions section. The usual delivery time is from 48 to 72 hours, (only working days), however, a delayed delivery will not be penalised.
The website administrator will not be held liable for any delivery errors when the address given by the USER/CUSTOMER in the order form is inaccurate or missing.
Delivery times may vary for logistical reasons or due to reasons beyond our control. In the case of any delays, the website administrator will inform their USERS/CUSTOMERS as soon as they are made aware of the issue.
A delivery is considered to have been made as soon as it has been recorded on the delivery company´ s control system that the product has been handed over to the USER/CUSTOMER.
Any cases in which the product was made available to the USER/CUSTOMER within the established timeframe but in which it was unable to be delivered for reasons attributable to the USER/CUSTOMER will not be considered as a delay.
When the order has been prepared and has left our company´s facilities, we will send you an e-mail, notifying that your order will now be sent by the delivery company.
5.1. DELIVERY DETAILS, NON-DELIVERIES AND PRODUCT LOSSES:
If the delivery company attempts to deliver the order and the USER/CUSTOMER is not at the indicated address, the delivery company will leave a note indicating how to proceed in order to receive the order. The website administrator hires a delivery company that guarantees the delivery of the order.
If 7 working days have elapsed since the order was sent out and re-delivery has not been arranged, the USER/CUSTOMER must make contact with the website administrator.
If the USER/CUSTOMER has not made contact once the number of working days established by the delivery company from the date on which the order was sent out has elapsed, the order will be returned to the company and the USER/CUSTOMER will be liable for the payment of the delivery, shipment and return costs, as well as any associated management costs.
If the delivery was not completed due to the loss of the order, MOYÁ will start an investigation, which will result in the delayed delivery of the order. The administrator of the website will undertake to resolve this issue with the customer.
5-2.DILIGENCE IN THE DELIVERY:
The USER/CUSTOMER must verify, in the presence of the delivery person who was in charge of the delivering their order that the package was received in good condition. If upon further inspection, the USER/CUSTOMER detects any incidents, such as signs that their order has been tampered with or that the products have been damaged during shipment, they must notify the website administrator as soon as possible, by telephone, +34 971 83 60 38, or via e-mail: email@example.com
6. RETURN OR WITHDRAWAL:
6.1. RETURN OR WITHDRAWAL PROCEDURE:
Pursuant to article 71 of the Royal Legislative Decree 1/2007, and the Law 3/2014, dated 27 March, the products purchased on this website can be returned and refunded, as long as the USER/CUSTOMER notifies the administrator of their intention to return said products. The customer will have 14 days from the receipt of the product/s to return them to MOYÁ´s business premises.
The website administrator will only accept returns that fulfil the following requirements:
- The product must be in the same condition in which it was delivered and the original packaging and labels must be preserved.
- The products must be sent in the same box or package as they were delivered in to protect the products.
- If it is not possible to use the original package, the USER/CUSTOMER must return the products in protective packaging to ensure that the product arrives to the website administrator´s premises in optimum condition for inspection.
- A copy of the delivery note, or invoice must be included in the package, indicating the reason why the products are being returned.
If the reason for the return is attributable to the website administrator (the product is incorrect or incomplete, it is not what was ordered, etc.) the delivery costs will be reimbursed. If the product is returned for any other reason, the return expenses will be charged to the USER/CUSTOMER.
The customer must follow these steps to return a product:
- Inform as soon as possible after the order has been received indicating which product you wish to return. You can inform us by telephone, +34 974 470 933, or via e-mail firstname.lastname@example.org
- The website administrator will inform the USER/CUSTOMER of the shipping address.
- The USER/CUSTOMER must return the products using the same system by which they were delivered. The return costs will be paid by the USER/CUSTOMER.
- The website administrator accepts and deals with returns according to the framework of the aforementioned Spanish and European Laws.
7. REFUND TO THE USER/CUSTOMER:
The website administrator will only refund the USER/CUSTOMER the corresponding costs if the delivered products were defective or incorrect.
The website administrator will organise for the purchase amount to be reimbursed using the same system as was used for the initial payment. The refund to the USER/CUSTOMER´s bank account or credit card will depend on the payment system and the issuer entity.
8. APPLICABLE LAW AND ARBITRATION:
The present terms and conditions of use are governed by the provisions set forth in the Spanish Law which governs these matters. In order to resolve any controversies or disputes derived from these conditions, both parties subject themselves to the jurisdiction of the courts of MANACOR, legal jurisdiction, ARTÀ, the city in which the company MOYÁ, the holder of the WEBSITE is located, unless another jurisdiction is required by law.
To consult Article 40.5 of the Law 7/2017, dated 2 November, in its Article 40.5, which transposes into Spanish law the Directive 2013/11/EU, of the European Parliament and of the Council, of 21 May, in its Article 5.1., on Alternative Dispute Resolution in Consumer Matters: Online Dispute Resolution Platform: (click here).
MOYÀ informs of the possibility to exercise the rights of access, rectification, deletion, limitation, and portability, in order for the user to obtain a copy of the personal data that they have provided on the website in order for it to be transmitted it to other services. These rights may be exercised by any means that provide proof of delivery and receipt at the address of the website administrator: 31 DE MARÇ, 11, Postal Code: 07570, Town: ARTÀ, Province: Balearic Islands or by e-mail to email@example.com providing a photocopy of your ID card or alternative documentation that proves your identity.