Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

https://molvi.es/es/

1. GENERAL INFORMATION

The ownership of this website, https://molvi.es/es/ (hereinafter referred to as the "Website"), is held by: Molduras Vilela SL, with Tax Identification Number (NIF): B32409815, and whose contact details are:

• Address: Parque Empresarial de Pereiro - Vial Principal num 7 - 32900 - Pereiro de Aguiar - Ourense

• Contact Phone: +34 988 213 119

• Contact Email: operaciones@molvi.es

This document (as well as other documents mentioned herein) regulates the terms governing the use of this Website (https://molvi.es/es/) and the purchase or acquisition of products and/or services on it (hereinafter referred to as the "Terms").

For the purposes of these Terms, it is understood that the activity carried out by Molvi through the Website includes:

• The commercialization and distribution of framing products, digital copying, photography, and digital printing.

In addition to reading these Terms, before accessing, browsing, and/or using this Website, the User must have read the Legal Notice, the General Terms of Use, including the Cookie Policy, and the Privacy and Data Protection Policy of Molvi. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and all the aforementioned documents. Therefore, if the User does not agree with all of the above, they must not use this Website.

Furthermore, it is noted that these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms in force at the time of requesting the acquisition of products and/or services will apply.

For any questions the User may have regarding the Terms, they can contact the owner using the contact details provided above or, where applicable, by using the contact form.

2. THE USER

Accessing, browsing, and using the Website confers the status of User (hereinafter referred to, interchangeably, individually as "User" or collectively as "Users"). Therefore, from the moment the User begins browsing the Website, they accept all the Terms set forth herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

• Using this Website only to make legally valid inquiries and purchases or acquisitions.

• Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be canceled, and the relevant authorities will be informed.

• Providing truthful and lawful contact information, such as email address, postal address, and/or other data (see Legal Notice and General Terms of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Molvi does not guarantee that the Website complies with the laws of other countries, either fully or partially. Molvi disclaims any liability that may arise from such access and does not guarantee shipments or the provision of services outside of Spain.

The User may formalize, at their choice, the sales contract for the desired products and/or services with Molvi in any of the languages in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Properly registered Users can purchase on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure of https://molvi.es/es/, during which several products and/or services can be selected and added to the cart, basket, or final purchase space, and finally, click on: "Finalize Purchase".

Additionally, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Molvi has received their order or purchase request and/or service provision, i.e., the order confirmation. And, where applicable, they will also be informed via email when their purchase is being shipped. In some cases, this information may also be made available to the User through their personal connection space on the Website.

Once the purchase process is completed, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, where applicable, through their personal connection space on the Website. Additionally, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Molvi using the contact forms on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions concerning the product and/or service in question, which are displayed alongside the presentation or, where applicable, the image of the product on its page on the Website. These conditions include, but are not limited to, the name, price, components, weight, quantity, color, product details, or characteristics, the manner in which the services will be carried out, and/or the cost of the services. The User acknowledges that placing the purchase order constitutes full and complete acceptance of the particular sales conditions applicable in each case.

Unless expressly stated otherwise, Molvi is not the manufacturer of the products sold or that may be marketed on the Website. Although Molvi makes every effort to ensure that the information displayed on the Website is accurate, occasionally the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website. Therefore, the User must consider not only the information provided by the Website but also the information available on the labeling, warnings, and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by Molvi through the Website are subject to product availability and/or the absence of any circumstances or force majeure (clause nine of these Terms) affecting the supply of the products and/or the provision of the services. If there are difficulties in supplying the products or if the products are out of stock, Molvi undertakes to contact the User and refund any amount that may have been paid as the purchase price. This will also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise indicated and applied due to legal requirements, particularly regarding VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Molvi carries out delivery and/or shipping services through: Correos, UPS, MRW.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, except for those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods are: Credit or debit card.

Molvi uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, Molvi will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Molvi receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the established form and, where applicable, location.

In any case, by clicking on "Finalize Purchase", the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where the physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except in cases of unforeseen or extraordinary circumstances or, where applicable, due to product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If, for any reason attributable to Molvi, it cannot meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is located and how to arrange for it to be delivered again.

If the User will not be at the delivery location during the agreed time slot, they must contact Molvi to arrange delivery on another day.

If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to Molvi, Molvi will understand that the User wishes to withdraw from the contract, and the contract will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User should be aware that the transport resulting from the termination may incur additional costs that may be passed on to them.

For the purposes of these Terms, it will be understood that delivery has occurred or that the order has been delivered at the moment the User or a third party designated by the User acquires material possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks associated with the products will be the User's responsibility from the moment of delivery. The User acquires ownership of the products when Molvi receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after Molvi has received the full payment amount.

In accordance with the provisions of Law 37/1992 of December 28 on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify the data by contacting Molvi through the contact forms enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Additionally, this information may also be corrected by the User through their personal connection space on the Website.

In any case, the User, before clicking on "Finalize Purchase", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Terms of Use and, in particular, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018 of December 5 on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the Molvi Website or, in the case of goods that are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify Molvi of their decision. They may do so, where applicable, through the contact forms enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Molvi makes available to them as an annex to these Terms, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Molvi will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date Molvi is informed of the User's decision to withdraw.

Molvi will refund the User using the same payment method used by the User to make the initial transaction. This refund will not generate any additional cost to the User. However, Molvi may withhold the refund until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to Molvi at: Parque Empresarial de Pereiro - Vial Principal num 7 - 32900 - Pereiro de Aguiar - Ourense.

And they must do so without undue delay and, in any case, no later than 14 calendar days from the date Molvi was informed of the withdrawal decision.

The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. Additionally, they will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of 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 laws. By way of example, and not exhaustively, this would be the case of: customized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their factory-sealed packaging; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery; supply of digital content without physical support.

In the same vein, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been completely executed by Molvi, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered, or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, as well as a copy of the purchase invoice.

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and, therefore, they must contact Molvi immediately and make them aware of the existing discrepancy (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined, and the User will be informed, within a reasonable period, whether the refund or, where applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made using the same payment method used by the User to pay for the purchase.

In any case, the rights recognized by the applicable legislation in force at any time for the User, as a consumer and user, will always apply.

Warranties

The User, as a consumer and user, enjoys warranties on the products they may purchase through this Website, in the terms legally established for each type of product, with Molvi, therefore, being responsible for any lack of conformity that becomes apparent within three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Molvi and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in delivery. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which, therefore, will form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, if the User considers the product to be defective, they also have the option to contact the brand or manufacturer responsible for the product to determine how to exercise their legal warranty rights directly with them within the three years following the delivery of said products. To do so, the User must have retained all information related to the product warranties.

9. DISCLAIMER OF LIABILITY

Unless otherwise required by law, Molvi will not accept any liability for the following losses, regardless of their origin:

• Any losses not attributable to any breach on its part;
• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products was formalized.

Likewise, Molvi also limits its liability in the following cases:

• Molvi takes all necessary measures to ensure an accurate display of the product on the Website. However, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or other similar factors.

• Molvi will act with the utmost diligence in making the purchased product available to the company responsible for its transportation. However, it is not responsible for damages resulting from transportation malfunctions, especially those caused by strikes, roadblocks, or other sector-related issues that lead to delays, losses, or theft of the product.

• Technical failures that, due to fortuitous causes or other circumstances, prevent the normal operation of the service via the internet. Unavailability of the Website due to maintenance or other reasons that prevent access to the service. Molvi takes all reasonable measures to carry out the purchasing, payment, and shipping/delivery process of the products, but it is exempt from liability for causes beyond its control, force majeure, or unforeseeable circumstances.

• Molvi will not be responsible for the misuse and/or wear of products that have been used by the User. Likewise, Molvi will not be responsible for an incorrect return made by the User. The User is responsible for returning the correct product.

• In general, Molvi will not be liable for any failure or delay in fulfilling any of its obligations when such failure is due to events beyond its reasonable control, meaning they are caused by force majeure, which may include, but is not limited to:

o Strikes, lockouts, or other labor-related actions.
o Civil unrest, riots, invasions, terrorist threats or attacks, war (declared or undeclared), or preparations for war.
o Fire, explosions, storms, floods, earthquakes, subsidence, epidemics, or any other natural disaster.
o Inability to use trains, ships, airplanes, motor transport, or other means of transportation, whether public or private.
o Inability to use public or private telecommunications systems.
o Acts, decrees, laws, regulations, or restrictions imposed by any government or public authority.

Thus, obligations will be suspended for the duration of the force majeure event, and Molvi will have an extension of the deadline to fulfill them equal to the duration of the force majeure event. Molvi will make all reasonable efforts to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Molvi will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically by Molvi comply with the legal requirement of being in writing. This condition does not affect the User's legally recognized rights.

The User may send notifications and/or communicate with Molvi using the contact details provided in these Terms or through the contact sections of the Website.

Likewise, unless otherwise stipulated, Molvi may contact and/or notify the User at the email address or postal address provided.

11. WAIVER

No waiver by Molvi of a specific legal right or action or failure to require strict compliance by the User with any of its obligations will constitute a waiver of other rights or actions derived from a contract or the Terms, nor will it exempt the User from complying with their obligations.

No waiver by Molvi of any of these Terms or the rights or actions derived from a contract will be effective unless it is expressly stated as a waiver, formalized in writing, and communicated to the User.

12. SEVERABILITY

If any provision of these Terms is declared null and void by a final decision issued by a competent authority, the remaining provisions shall remain in effect, unaffected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement between the User and Molvi regarding the object of the purchase and replace any previous agreement, understanding, or promise agreed upon verbally or in writing by the same parties.

The User and Molvi acknowledge that they have entered into a contract without relying on any statement or promise made by the other party except for those expressly mentioned in these Terms.

14. DATA PROTECTION

The personal information or data provided by the User to Molvi during a transaction on the Website will be processed in accordance with the Privacy Policy or data protection policy (included, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.

15. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website, as well as product purchase contracts through it, shall be governed by Spanish law.

Any dispute, issue, or disagreement arising from or related to access, browsing, and/or use of the Website, or the interpretation and execution of these Terms, or sales contracts between Molvi and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.

16. COMPLAINTS AND CLAIMS

The User may submit complaints, claims, or any other comments to Molvi using the contact details provided at the beginning of these Terms (General Information).

Additionally, Molvi has official complaint forms available to consumers and users, which they may request from Molvi at any time using the contact details provided at the beginning of these Terms (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between Molvi and the User, the User, as a consumer, may seek an out-of-court settlement in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes, which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. The User may access this method through the following website: https://ec.europa.eu/consumers/odr/.

These General Terms of Sale were created on July 31, 2024.