GENERAL TERMS AND CONDITIONS OF SALE – Melissa Moria
Last updated on Sep 28, 2022
1. Information about us
1.1 www.melissamoria.com is a website operated by Gallery Moria (“We”, “us”, “our”). We are registered in the Dutch KVK under company number 78199328. Our registered address is Schout Heynricstraat, the Netherlands. Our VAT number is NL003299865B69.
2. Purchase and payment
2.1 You may place orders for Products with us by following the steps on our website. You acknowledge that by placing an order, and us accepting your order, you are obliged to pay for the products in that order.
2.2 The agreement between Gallery Moria and you as a buyer is established when you have accepted the conditions set by us and fulfilled. The absence of a signature does not affect the binding force of the offer and its acceptance. After receipt of your order, you will receive a confirmation from us by e-mail. This order confirmation by e-mail constitutes our acceptance of the order. When no confirmation email has been sent, the agreement is not yet in force.
2.3 Gallery Moria reserves the right to refuse an order or to subject it to additional conditions such as large orders, orders by minors, incomplete order procedures or problems with previous orders.
2.4 We can unfortunately not stop an order when it has been sent by us. If you have changed your mind about your order after it has been dispatched, you may refuse delivery or return the goods to us in accordance with the returns policy set out in clause 9 below.
2.5 The Seller retains ownership of all goods until payment has been made in full.
2.6 You must keep your contact details as registered by us up to date so that we may contact you about your order or the delivery of the Products.
3.1 All orders for products are subject to the availability of those products and the materials used to make the products. If for any reason the products you have ordered are not available or delivery may be delayed, we will notify you as soon as possible after receiving your order.
3.2 As soon as the products to be delivered have been delivered to the indicated delivery address, the risk, where it concerns these products, passes to the buyer.
4. Images and sizes of products
4.1 The images of the products on our website are for illustrative purposes only. Although we have done our utmost to display the colours accurately, we cannot guarantee that your computer will display the colours of the products correctly. The products delivered to you may differ slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, dimensions such as weight, size and content as shown on our website are approximate only.
5. Prices of Products
5.1 The price of a Product shall be as indicated on our Website, except where there is an obvious error.
5.2 The price of a Product may change from time to time, but this will not affect any order accepted by us.
5.3 The price of a Product includes VAT (where applicable) but excludes any delivery charges which, where applicable, are added to the price of the Products and shown as part of the total price during the ordering process. For the relevant delivery charges for a Product, please refer to our Delivery page.
5.4 The Products listed by us may be incorrectly priced. We usually check prices as part of the order processing process. If the correct price of a Product is found to be lower than the price stated by us, we will charge you the lower amount when you dispatch the Product. If the correct price of the Product is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product to you, or decline to take your order and notify you accordingly.
5.5 If the mistake with the price is obvious and unmistakable and could reasonably have been recognised by you as a mistake, we are under no obligation to supply the Product at the incorrect (lower) price, even if we have sent you an order acceptance.
6.1 We accept payment by the methods of payment listed on our website. You must pay for the Products and pay all applicable delivery charges before the Products are delivered.
6.2 By placing an order with us through our website, you confirm that the payment details contained in your order are valid and correct.
7.1 We offer a delivery service in accordance with the delivery times indicated for each product on our website. Please note that delivery times are estimated times.
7.2 Your delivery is completed when we have delivered the products to the address you provided. If nobody at the address can accept the delivery at the agreed delivery time we are forced to charge additional delivery costs.
7.3 It is your own responsibility to check and determine that you are fully capable of receiving the products ordered before placing an order with us.
(a) Please note that if you are unable to receive the ordered Products due to such delivery problems, you shall bear the costs of returning the Products or arranging for their collection as described in clause 9.13;
8. Risk and ownership
8.1 Ownership of the products passes to you when we have received in full all amounts due for the products, including shipping costs.
8.2 The Products are your responsibility from the moment you (or a third party other than the courier) take physical possession of the Products.
8.3 The use and maintenance of the products purchased by the Customer are your responsibility and cannot be recovered from the Seller.
8.4 The use of maintenance products purchased from us is at the customer’s own risk and any undesirable results cannot be recovered from the seller.
9. Cancellation, return and refund policy
9.1 We hope you are satisfied with everything you have purchased from us, but if you are not satisfied with your products you may return them to us under the conditions set out below or otherwise in accordance with your legal rights.
Right of Withdrawal & Return
9.2 You have the legal right to change your mind and cancel the contract between you and us without giving any reason within 30 days after delivery of your products (right of withdrawal).within 30 days after delivery of your products.
9.3 This period commences at the time of receipt by you or on your behalf. During the withdrawal period, we expect you to handle the received goods and their packaging with care. We can only accept the goods if they are returned in the original packaging.
9.4 You have the right to cancel this contract within 30 days without giving any reason. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us by e-mail of your decision to cancel this contract by a clear statement.
9.5 You are only liable for the reduction in value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
9.6 If you withdraw from your contract with us, we shall reimburse you for all amounts received from you, excluding the delivery costs (excluding the costs incurred for returning the goods).
9.7 We may withhold the refund until we have received the goods back or you have provided us with evidence of the return of the goods, whichever is the earliest.
9.8 We may deduct from the refund any loss of value in products delivered if the loss was caused by unnecessary handling by you. You shall only be liable for any diminished value of the Products resulting from unusual and/or unreasonable wear and tear of the Product other than as necessary to establish the nature, characteristics and functioning of the Products. We may make deductions from any refund (to which you are entitled) for such loss of value of any product supplied by us.
9.9 If it appears that the goods have not been received in accordance with the terms of the right of withdrawal, the purchase price including the shipping costs will not be refunded, or not fully refunded. The product will remain your property in that case. At your request, the product can also be sent back to you, subject to the payment of the corresponding shipping costs.Excluded from the right of withdrawal is a consumer purchase that involves the delivery of: products made to the consumer’s specifications, that are not prefabricated and are made on the basis of an individual choice or decision made by the consumer, or that are clearly intended for a specific person;
9.10 For a exchange or return, transport costs will be charged.
10. Defective goods
10.1 You are obliged to carefully inspect the goods immediately after receipt. In doing so, you should check whether the goods supplied are in accordance with the agreement: Were the correct goods delivered? Do the goods delivered comply with the agreed quality requirements or – if these are lacking – with the requirements that may be set for normal use? If a visible defect or shortcoming is detected, you must report this to Gallery Moria within 7 working days after delivery. The costs of returning goods that do not meet the description of the offer are borne by Gallery Moria.
10.2 Please be careful with opening the packaging in which the products are delivered and if possible repackage the products in the original (or similar) packaging before returning the products to us.
11. Queries and Complaints
11.1 Complaints or disputes must be reported within 14 days of delivery. If the complaint is found to be justified, our liability shall be limited to the exchange of the goods. Any liability of the seller is limited to the amount actually paid for the order.
The European Commission offers an online dispute resolution platform for consumers, which can be found at http://ec.europa.eu/consumers/odr/.