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Terms and Conditions of Sale

1. Placing of Orders:

To place an order, the Customer must select the Products on the Website, add them to the shopping cart and choose the method of payment. MOSSYROCK.DESIGN S.L. will not accept orders placed in ways other than those detailed above.

By placing an Order, the Customer will have made an offer to purchase the Products selected. Orders are subject to availability and acceptance by MOSSYROCK.DESIGN S.L. which may reject the order at any time and at its sole discretion, including, by way of example, in the following cases:

  •     When the Customer provides incorrect information including, without limitation, insufficient or incorrect payment information, incorrect billing information; incomplete or incorrect delivery address; or fraudulent information.
  •     When there is an error on the Website of MOSSYROCK.DESIGN S.L. relating to the products that the Customer has ordered such as, for example, an error relating to the price or description of the products with respect to the information displayed on the Website.
  •     When the Products ordered by the Customer are no longer available through the Website.
  •     Where we have reason to believe that the Customer is not 18 years of age.

MOSSYROCK.DESIGN S.L. shall not be liable to the Customer or any third party for the removal of any product from the Website, the removal or editing of any material or content of the Website, the refusal to process an order or the suspension of a transaction once initiated its processing.
In case of not being able to accept or process the Customer Order, MOSSYROCK.DESIGN S.L. will contact the Customer via e-mail as soon as possible and, in any case, within 30 days from the date of the order.

If MOSSYROCK.DESIGN SL can not accept or process the order because the products have ceased to be available, or due to an error in the price and / or other data relating to the Products in respect of which the Order has been made, the Customer will be notified and will proceed to cancel the order in respect of those products that MOSSYROCK.DESIGN SL can not supply. As well as, to reimburse the customer the amount paid for such products.

When the Customer places an order through the Website, he/she will receive an automatic e-mail confirming receipt of the Order. This e-mail contains the relevant order data. The order will be accepted and the contract between MOSSYROCK.DESIGN S.L. and the Customer will only be concluded when the products are shipped. At that particular time, the Customer will receive an e-mail Order Confirmation of Shipment informing him that MOSSYROCK.DESIGN SL has sent all or part of the products indicated in the order.

MOSSYROCK.DESIGN S.L. not accept any cancellation of orders other than the above.

2. Complaints and cancellations of products:

Orders may be cancelled at any time before MOSSYROCK.DESIGN S.L. proceeds to its official processing. If you wish to cancel the Order before its official processing, customers must expressly communicate with MOSSYROCK.DESIGN S.L. through the Contact page established on the website.
In case of cancellation of an order before official processing by MOSSYROCK.DESIGN SL. L., the total amount of the Products included in the cancelled order will be refunded.

When the Order has been officially processed by MOSSYROCK.DESIGN SL and the products are in the process of manufacture, there will be no refund applicable and only the customer may request that the product is not sent.

The buyer shall indicate their disagreement, if any, on the goods, within 7 working days after receipt of the order, by written communication addressed to MOSSYROCK.DESIGN SL specifying the reasons or nature of the same.

Once the case has been studied, if the return request is accepted, an email will be sent with the instructions for the return shipment to the offices of MOSSYROCK.DESIGN S.L. These instructions will include information about the order and the return number for tracking by both parties.

Model changes or returns without objective reasons are not allowed. Although MOSSYROCK.DESIGN S.L. reserves the right to accept returns if it deems appropriate, at the expense of the customer the costs incurred by the change, who must pay before the change is made.

The right of withdrawal is subject to the following conditions:

El cliente debe ponerse en contacto con office@mossyrock.at para obtener su Número de Devolución e informar sobre los artículos que se desean devolver.
Los productos deben devolverse en las mismas condiciones que se recibieron. No deben estar dañados o usados. Los productos se devolverán en su embalaje original. Los productos de un mismo pedido se deben de devolver en un mismo envío, no se aceptan, en ningún caso, devoluciones de un mismo pedido por separado.

La pérdida o deterioro de las mercancías, sobrevenidas después de la transmisión del riesgo al comprador, no liberarán a éste de su obligación de pagar el precio pactado.
Cuando el transporte no sea a cargo de MOSSYROCK.DESIGN S.L. o la agencia de transportes haya sido elegida por el cliente, MOSSYROCK.DESIGN S.L. no será responsable de los posibles daños producidos durante el transporte. El hecho de tener un litigio por roturas o motivos de transporte no da derecho a la retención de todo o parte del pago de la factura.
MOSSYROCK.DESIGN S.L. en su caso, queda ajeno ante cualquier conflicto o litigio entre el cliente y otros usuarios.

Mientras los productos estén bajo el poder del Cliente, estará obligado a garantizar su conservación de forma segura y en buen estado.

3. . Return of the order

MOSSYROCK.DESIGN SL only proceed to the possible acceptance of return of products in 3 cases: products that have been supplied in error, orders that are not complete or orders that are damaged or defective, and always following the procedure specified by MOSSYROCK.DESIGN SL.

In the event that you receive products supplied in error, the customer must notify MOSSYROCK.DESIGN SL through email specifying the order number or invoice number, and in that case MOSSYROCK.DESIGN SL inform what will be the operation for the collection of the product supplied in error and the redelivery of the correct order.
In the event that the order is received incomplete or missing parts the customer must notify MOSSYROCK.DESIGN SL via email specifying the order number or invoice number, and specifying what are the missing parts, MOSSYROCK.DESIGN SL inform what will be the operation for the collection of the product supplied by mistake and the redelivery of the correct order.

In the event that the order is received and this present damage or defects the customer must notify MOSSYROCK.DESIGN SL through email specifying the order number or invoice number, and specifying what the damage and sending photos or videos where the extent of the damage is clearly shown, MOSSYROCK.DESIGN SL inform what will be the operation for the possible replacement of the order and its conditions.

4. Product information

MOSSYROCK.DESIGN S.L. tries to ensure as far as possible that the information relating to the Products is accurate and up to date. However, MOSSYROCK.DESIGN S.L. does not guarantee the absence of errors in the description and / or price of the Products or the continued availability of the Products when you want to place an Order to purchase them.

The materials contained in the Website shall not be considered as a statement or representation regarding the Products. All images, illustrations and descriptions of Products are included for information purposes only, for additional information about the products the customer should contact MOSSYROCK.DESIGN S.L. by existing means of contact and available on the web.

MOSSYROCK.DESIGN S.L. takes all necessary measures to accurately display the characteristics of the Products, including the corresponding colours. However, since the actual colours displayed on the website depend on the individual configuration of the computer and its computer system, we cannot guarantee that the particular computer of the customers will accurately reflect these colours.

MOSSYROCK.DESIGN S.L. reserves the right to modify, at any time and without prior notice, the information relating to the Products displayed on the Website including, without limitation, information on prices, description and availability of the Products. However, changes to price, availability or description will not affect Orders placed by you which have already been accepted by us.

Information relating to the warranty of the Products is contained in the page WARRANTIES on the Website.

5. Prices:

The prices of the products are indicated on our website and will be confirmed in the automatic ‘Order Confirmation’ e-mail that the Customer will receive after completing the order process.  The prices of the web-price list are in euros and include VAT. The prices do not include transport, any other type of expense, tax or fee. Shipping costs may be applied at the time your order is submitted and will depend on the value of the order and the shipping method chosen.

6. Payment and Reservation of Ownership:

MOSSYROCK.DESIGN S.L. accepts most major payment cards including Visa, Visa Electron, MasterCard and American Express. We also accept payment via PayPal. Payments must be made in the currency indicated on the order before shipment.

If you are paying by credit or debit card, you must provide your credit or debit card details when placing your order. Your credit or debit card will be charged for the total value of the order at the time your order is accepted. MOSSYROCK.DESIGN S.L. will not accept the order or supply the products to the Customer until the issuer of your credit or debit card has authorised the use of your card in respect of payment for the products ordered.

If MOSSYROCK.DESIGN S.L. does not receive such authorization, the Customer will be notified. MOSSYROCK.DESIGN S.L. reserves the right to verify the identity of the holder of the credit or debit card by requesting the appropriate documentation. All credit and debit card transactions are made through a secure online payment platform that will carry out the automated processing of information relating to your payment details in a secure environment. At any time and at the sole discretion of MOSSYROCK.DESIGN S.L. may restrict shipments to certain countries or regions that are considered to have a high degree of risk of fraud.

When paying via PayPal, the Customer will be asked to log in to their PayPal account with their email address and password to confirm the payment. Even if you do not have a PayPal account, you may use this payment method up to a maximum of 10 times and you will be asked to provide certain personal and credit card details. The products will be shipped once the payment has been authorised. If MOSSYROCK.DESIGN S.L. does not receive the funds of the authorized payment within 30 days from the date of placing the order, the order will be cancelled.

MOSSYROCK.DESIGN S.L. reserves the right to interrupt the supply if any of the payment commitments have been breached. The place of delivery is indicated in the order confirmation. MOSSYROCK.DESIGN S.L. reserves its right of ownership of the product in case of total or partial non-payment of the order. If the customer refuses delivery without our prior approval, any resulting costs or damage shall be borne by the customer, including storage, until acceptance.

7. Locations and delivery times:

Deliveries of the products purchased can only be sent to Spain and a list of countries that will appear to the customer while placing your order. All products will be shipped from MOSSYROCK.DESIGN S.L. warehouses in Spain and returns must be made to the same place.

Deliveries are made during normal working hours, Monday to Friday (excluding holidays) and are delivered within the period stated in the order confirmation.
Although MOSSYROCK.DESIGN S.L. aims to deliver within the delivery times indicated above, these delivery times are not guaranteed due to the fact that the shipments are managed by third parties. The delivery times of the orders are established as a mere orientation and do not contemplate the possible delays derived from the process of authorization of the payment. Orders will be processed in accordance with the Terms and Conditions of Sale. MOSSYROCK.DESIGN S.L. will not be able to change the delivery address once the order has already been placed.

8. Transport:

MOSSYROCK.DESIGN S.L. will indicate the delivery time of the products ordered in the Order Confirmation. Delivery will be made by standard or express courier service, according to the Customer's choice, within normal working hours. Delivery charges will be applied to the Customer's order.

Any delivery time specified by MOSSYROCK.DESIGN S.L. is merely an indicative estimate. MOSSYROCK.DESIGN S.L. assumes no liability for any loss or damage that the Customer may incur in the event of an unavoidable delay in delivery.

All products will be delivered to the delivery address indicated in the Order Confirmation made by the Customer.

In the event that no one responds at the delivery address given who can accept delivery of the products, the carrier will attempt to contact the Customer by telephone to arrange a new appointment.

Title and risk of loss relating to the products shall pass to the Customer at the time of delivery.

9. Product modifications and cancellations:

MOSSYROCK.DESIGN S.L. reserves the right to modify its products in order to improve their quality, aesthetics or design, as long as the fundamental characteristics of the product are not modified. MOSSYROCK.DESIGN S.L. reserves the right to cancel any product in the catalogue without prior notice.

10. Limitations of Liability

MOSSYROCK.DESIGN S.L. shall only be liable for the correct manufacture of the products supplied, never for possible defects or errors in their measurement, application or handling, as well as problems caused by incorrect installation.

It will be the responsibility of the buyer to check the goods sent by MOSSYROCK.DESIGN S.L. at the time of receipt and before its displacement and installation.
MOSSYROCK.DESIGN S.L. will never be responsible for the costs of work or travel involved in the repair, replacement or reinstallation of new components. Furthermore, in any case, MOSSYROCK.DESIGN S.L. will send the technical service for the replacement of the components to the place of installation. Such work shall be borne by the customer.

MOSSYROCK.DESIGN S.L. will never be responsible for any damage caused by negligence in installation and handling by the customer, misuse of the products, as well as damage caused by the possible spontaneous breakage of the products.

MOSSYROCK.DESIGN S.L. shall in no event be held liable to the Customer for any indirect damage such as damage or commercial disruption, loss of customers, loss of profit, loss of brand image or loss of data;

In any case, the liability of MOSSYROCK.DESIGN S.L. with respect to the Customer may not:

(1) be claimed more than 6 months after the occurrence of the event giving rise to it, and

(2) exceed the global amount ‘excluding VAT’ paid by the Customer to MOSSYROCK.DESIGN S.L. in respect of the order that has generated its liability.

FORCE MAJEURE

The obligations of MOSSYROCK.DESIGN S.L. are suspended for the period and to the extent of events beyond the control of MOSSYROCK.DESIGN S.L. and its suppliers.
If the duration of such events exceeds 6 continuous months, the cancellation of the order may be decided by mutual agreement between MOSSYROCK.DESIGN S.L. and the customer.
Force majeure includes in particular the following events: fire, interruption of computer systems and tele-communications, incidents or failure of transport, strike, block out, delays and / or breakdowns in production processes, devaluation of currency, interdiction or embargo of imports or exports, and, in general, any event beyond the control and will of MOSSYROCK.DESIGN SL that prevents it from fulfilling all or part of its obligations to the customer.

A situation of force majeure shall not entitle the customer to receive any compensation and/or indemnification.

11. Intellectual and Industrial Property

The intellectual and/or industrial property of the offer, and the information attached to it, of the equipment supplied, as well as the elements, plans, drawings, drawings, software, etc., incorporated or related to it, belongs to the seller and therefore its use for purposes other than the completion of the order is expressly prohibited, as well as its total or partial copy or transfer of use in favour of third parties, without the prior express consent of MOSSYROCK.DESIGN S.L.

12. Dispute resolution and determination of applicable law:

In the event of any dispute concerning the validity, performance or interpretation of this Agreement, the parties agree to resolve it amicably. However, in the event that the parties do not reach an agreement by negotiation, the intervening parties expressly agree that any dispute, discrepancy, question or claim resulting from the execution or interpretation of this Contract or related to it, directly or indirectly, shall be finally settled by arbitration, within the framework of the Court of Arbitration of Alicante (Spain), with headquarters in the Official Chamber of Commerce, Industry and Navigation of Alicante (Spain), which is entrusted with the administration of the arbitration and the appointment of the arbitrators, in accordance with its Regulations and Statutes, which will resolve by applying Spanish law.

13. Protection of Personal Data:

MOSSYROCK.DESIGN S.L. in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation); and with Law 34/2002, of 11 July, on information society services and electronic commerce (LSSICE), hereby informs you that your personal data will be included in files owned by MOSSYROCK. DESIGN S.L. DESIGN S.L., whose purpose is the management of suppliers, customers, performance of contracted services, commercial monitoring of customers and other commercial communication actions.

MOSSYROCK.DESIGN S.L. will not transfer your data to third parties unless required by law or as a result of the legal relationship. Likewise, MOSSYROCK.DESIGN S.L. informs you that it does not plan to transfer your data to a third country or international organization.

However, you may, at any time, exercise your right to access your personal data, its rectification or deletion, to limit its processing, as well as the right to data portability, in the manner provided by law; that is, by sending a communication to MOSSYROCK.DESIGN S.L. at the following address: email@email.com attaching a copy of your ID card.

The data will be retained for as long as the collaboration is maintained, unless you exercise your rights of control, and thereafter for as long as necessary for the fulfilment of any legal obligation or for the fulfilment of any obligation arising from the pre-existing legal relationship.

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