GENERAL TERMS AND CONDITIONS OF IN-STORE SALE MESSIKA JOYERIA

General Terms and Conditions of In-Store Sale applicable as from 25 October 2019

 

GENERAL TERMS AND CONDITIONS OF IN-STORE SALE MESSIKA GROUP - BARCELONA : CLICK HERE

 

  1. Scope of application

These general terms and conditions of in-store sale (hereinafter the “Terms and Conditions”) apply, excluding all other documents, to all purchases on the customer’s own behalf (hereinafter the “Customer”) in relation to MESSIKA products (hereinafter the “Products” or “Product”), performed within any of the stores operated in its own right by MESSIKA JOYERIA (hereinafter the “Store”), namely the Store located on Paseo de Gracia 66, 08007 BARCELONA, SPAIN. Any contrary condition raised by the Customer shall, unless expressly accepted by the Store, be unenforceable against it. Specific conditions may however apply to a specific transaction or offer proposed to Customers in the Store, which in such case shall take precedence over these Terms and Conditions.

They determine the rights and obligations of the parties in the context of the sale of Products (hereinafter the “Sale”).

Sales performed in this context are reserved for consumers only, and any purchase for resale on a professional basis is strictly prohibited.

These Terms and Conditions are not intended to cover the purchase of products on MESSIKA’s website.

These Terms and Conditions do not apply to sales of custom products which are governed by the special terms and conditions communicated at such time and available by request.

These Terms and Conditions may be modified at any time by MESSIKA JOYERIA as the vendor identified in article 2 of these terms and conditions.

The Terms and Conditions applicable are those in force at the time of Sale.

 

  1. Identification of author of offer

Products are sold by the company: MESSIKA JOYERIA, S.L.U., whose registered address is Paseo de Gracia 66, 08007 BARCELONA, SPAIN, registered with the Barcelona Trade and Companies Register under Book B-531012, volume 46790, folio 198, EU VAT number ESB67380683 (hereinafter “MESSIKA”).

  

  1. Products and price display

The basic characteristics of the Products as well as prices are displayed on a specific label or display in the Store.

The price of Products is expressed in Euros, including tax, namely value-added tax at the legal rate in force.

Any purchase of a ring of a size smaller than 48 or larger than 60 shall be considered to order as defined in article 5, “Returns”. This order must be the subject of a prior quote and may not be returned (see articles 5.2.2 “Products not accepted for returns” and 5.3 “Conditions for issue of a credit note”).

MESSIKA reserves the right to limit the quantities of MESSIKA products purchased by a Customer, and/or refuse any unusual or bad-faith transaction.

 

 

  1. Payment terms

Purchases must be paid for in full on the day of purchase, directly in the Store.

The Customer may pay for MESSIKA products by cash, bank/credit card or bank transfer.

Payment by cheque is not accepted.

In the event that, for any reason whatsoever (objection, refusal by issuer, etc.), the sums owed by the Customer to the Store cannot be debited, the purchase process shall be cancelled. MESSIKA will not issue the product to the Customer without validation of the Customer’s payment.

The Customer guarantees that they have the necessary authorisation to use the selected payment method for the payment of their purchase.

 

  4.1       Payment in cash

The Store accepts payment in cash up to the limits set by Spanish regulations:

  • The legal threshold for payment in cash authorised in Spain according the Law 7/2012 of 29th of October, is € 2,500
  • The legal threshold for payment in cash authorised for non Spanish tax residents is €15,000.

Any purchase of an amount greater than these thresholds must be paid for by non-cash payment methods (bank transfer or payment/credit cards).

 

  4.2       Payment by bank card

The     Store     accepts Banking      Cards, Visa, Eurocard/Mastercard, American Express, China Union Pay, Japan Credit Bureau, WeChat Pay, Alipay.

 

 4.3       Bank Transfer

The Store accepts payment by transfer received in Euros to our bank account registered in France. MESSIKA’s bank must confirm receipt of the transfer before considering that payment has been made.

 

  1. Returns

  5.1       Refunds

MESSIKA will not refund any Product purchased in the Store.

 

  5.2     Returns Policy

MESSIKA wishes to offer its Customers the option to return purchased Products under the following conditions.

 

  5.2.1 Return conditions

MESSIKA allows its Customers to return purchased Products, so long as the following cumulative conditions are met:

  • The exchange must be requested within a maximum of 30 days following the date of the invoice;
  • The return request must be addressed to the Store in which the Product was purchased and the return can only be carried out there;
  • The returned Product must be brand new, unused (not worn or engraved). Upon return of the Product, MESSIKA’s quality control will assess its condition;
  • The product must be returned with:
  • The original box, fully intact,
  • The GIA certificate(s) issued upon purchase,
  • The guarantee card.

 

5.2.2     Products not accepted for returns

MESSIKA reserves the right to refuse to take back a Product in the following cases:

  • Returned products that are incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn;
  • Products that have been the subject of a

return request more than twice successively;

  • Products that were specially ordered such as the creation of an item at the Customer’s request;
  • Products that were made to order such as ordering an unavailable item or in an unavailable size;
  • Products customised to order such as engraved or modified items.

 

5.3        Exchanges

Subject to compliance with the return conditions provided in article 5.2.1, MESSIKA will provide an exchange as soon as possible.

  • Exchanges only permit the returned product to be replaced with the same model in a different colour of gold and/or size
  • In the event of an increase in retail price between the date of purchase and the date of exchange, the Customer must pay the price difference.
  • It is specified that in cases of gifts, the recipient of the gift may exchange it.

 

5.4        Credit notes

5.4.1 Conditions for issue of a credit note

If the Customer wishes to return their purchase for another model or if the product cannot be exchanged due to an unavailability of the Customer’s desired size or model, a credit note may be issued if:

  • The product meets the conditions provided in article 5.2.1;
  • The product is not included in the cases provided in article 5.2.2.

 

5.4.2     How a credit note is issued and used

If the product is declared compliant, MESSIKA will issue a credit note.

The credit note is personal and valid for one (1) year from its issue date, exclusively in the Store in which the purchase was made.

For gifts, the credit note cannot be issued in the recipient’s name, but the Customer’s name only. The credit note cannot be swapped for cash or bought back, replaced or refunded if lost, stolen, illegible or expired. MESSIKA shall not be held responsible in the event of fraudulent use of the credit note by a third party.

 

  1. After-sales service

Depending on technical feasibility, the Product may be refurbished by MESSIKA, at the Customer’s expense, upon presentation of receipt of purchase and the certificate of authenticity.

 

  1. Legal guarantees

MESSIKA products benefit from:

the legal guarantee of conformity provided in articles 118, 119 and 123 of the Spanish Consumer Protection Act. Thus if the product does not comply with the description given in the Store or is not suitable for the expected use, the Customer has 2 years from the delivery of the product to invoke this guarantee and, according to their choice, have it repaired or replaced (subject to the cost conditions provided in article 120 of the Spanish Consumer Protection Act.).

 

In case the reparation or the replacement of the product was not possible, or being possible, none of them have been carried out within a reasonable time or without major inconvenience to the consumer, the Customer may choose between (i) resolving the purchase agreement having the price of the product refunded or (ii) having the price reduced according to article 122 of the Spanish Consumer Protection Act. The resolution shall not apply when the lack of conformity is of minor importance.

 

To recall articles 118, 119 and 123of the of the Spanish Consumer Protection Act:

Article 118. Vendor liability and consumer rights:

Consumers and users have the right to have the product repaired or replaced, to a reduction in price, or to the termination of the contract, in accordance with the provisions of this title.

 

Article 119. Repair and replacement of the product:

  1. Should the product not conform to the contract, consumers and users may choose between demanding the repair or the replacement of the product, unless either of these two options is objectively impossible or disproportionate. Both parties shall abide by the chosen action from such time as the consumer or user informs the vendor thereof. The decision of the consumer or user shall be considered without prejudice to the provisions of the following article regarding circumstances in which repair or replacement fail to make the product conform to the contract.
  2. Forms of remedy which, in comparison to the other, impose unreasonable costs on the vendor, shall be considered undue, taking into account the value that the product would have if there was no lack of conformity, the importance of the lack of conformity and whether the alternative form of remedy could be implemented without causing major inconvenience to the consumer or user. In order to determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must also be considerably higher than the expenses corresponding to the other form of remedy.

 

Article 123. Time limits.

  1. The vendor shall be liable for any lack of conformity appearing within a two-year period following delivery. As regards second-hand products, vendors and consumers shall be able to agree to a shorter period, which shall be not less than one year following delivery. Save for evidence to the contrary, it shall be presumed that any lack of conformity appearing within six months following the delivery of the product, whether new or second-hand, already existed when the item was delivered, except where this presumption is incompatible with the nature of the product or of the lack of conformity.
  2. Save for evidence to the contrary, delivery shall be deemed to have been made on the date appearing on the invoice or receipt, or on the corresponding delivery note where delivery subsequently takes place.
  3. Vendors are obliged to provide documentary evidence of the delivery of the product to consumers or users exercising their right to repair or replacement, stating the delivery date and the lack of conformity leading to the exercise of this right. Similarly, the vendor shall provide the consumer or user with documentary proof of delivery, stating the date of the delivery and the repair carried out, if any, along with the repaired or replacement product.
  4. 4. Consumers and users shall inform the vendor of the lack of conformity within a two-month period after becoming aware of this. Failure to comply with this time limit shall not entail the loss of the relevant right to compensation, although consumers and users are nevertheless liable for damages actually caused by the delay in communication. Save for evidence to the contrary, it shall be understood that this information is communicated by the consumer or user within the established period.

 

  1. MESSIKA’s commercial guarantee

All Products purchased in MESSIKA Stores are provided with the MESSIKA guarantee, according with the article 125 of the Spanish Consumer Protection Act.

MESSIKA jewellery has a two-year guarantee from the date of the receipt if a compliance or hidden defect is discovered under normal conditions of use. The MESSIKA guarantee card accompanying the Product at purchase must also be presented.

Any Product returned during the guarantee period in order to avail of the guarantee shall be submitted to MESSIKA’s after sales service’s appraisal. If they find a defective element, or a manufacturing fault, the Product will be repaired or replaced by MESSIKA.

A third year of the guarantee is offered to the Customer if they register after having completed the form available on our website, messika.com, within the month following purchase. It is valid for all MESSIKA jewellery.

The guarantor of the jewellery is the company MESSIKA, whose registered address is 64, Rue Lafayette in Paris (75009). For the implementation of the commercial guarantee, the Customer must address MESSIKA’s customer service at the following email address: contact@messikagroup.com.

The MESSIKA Guarantee excludes:

  • Faults or damage resulting from incorrect use or accidents;
  • Faults or damage caused by inappropriate use (shocks, scratches, crushing), by alterations, dismantling, unauthorised repairs, as well as services, intervention or repairs carried out other than in a MESSIKA store or approved retailer. For example, in case of adapting size, replacing stones or polishing;
  • The consequences of normal wear and tear of the jewellery.

Independently of the commercial guarantee, MESSIKA remains bound by the legal compliance guarantee mentioned in articles 114 and 116.1 of the Spanish Consumer Protection Act .

Legal provisions:

Article 114. General principles:

The vendor is obliged to deliver products which conform to the contract to the consumer or user and shall be liable before the consumer for

any lack of conformity that may exist at the time the product is delivered.

 

Article 116. Conformity of products with the contract:

  1. Save for evidence to the contrary, it shall be understood that products conform to the contract provided that they comply with all the requirements set forth hereafter, unless any of the requirements is not applicable due to the circumstances of the case:
  2. They meet the description drawn up by the vendor and possess the product qualities presented to the consumer or user in the form of a sample or model.
  3. They are suitable for the uses for which products of the same type are usually intended.
  4. They are suitable for any special use requested by the consumer or user, where the vendor was informed of this at the time the contract was concluded, provided that the latter admitted that the product is suitable for such use.
  5. They display the typical quality and features of a product of this type which consumers and users have good reason to expect, taking into account the nature of the product and, if any, the public statements made by the vendor, producer or representative thereof, regarding specific features of the product, especially in the advertising or labelling. Vendors shall be under no obligations as a result of such public statements if they can prove that they were not aware or could not reasonably be expected to know of the statement in question, that the said statement had been corrected by the time the contract was concluded, or that such a statement could not have influenced the decision to purchase the product.

 

  1. Protection of privacy

The personal data communicated by the Customer to MESSIKA in the Store will be collected and processed by MESSIKA, in its capacity as data controller, according to the provisions of the Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights and the European General Data Protection Regulation which entered into force on 25 May 2018. Data is conserved throughout the term of the commercial relationship, then archived for the purposes of legal proof.

It will be processed for the purposes of managing Customer orders, deliveries, guarantees applicable to products that the Customer purchases and the execution of payment orders. It will also be used for the purposes of management and optimisation of customer relations and statistics. It may be communicated (i) to MESSIKA’s internal services and/or (ii) any of MESSIKA’s subcontractors or service providers, where such disclosure is necessary for the accomplishment of the abovementioned purposes.

Data will in no case be transferred outside the European Union. This data will not be externally communicated other than as stated above except to comply with legal and regulatory obligations or the request of a legal authority or administration. MESSIKA guarantees that it implements optimal security measures against loss, alteration and unauthorised communication of data transmitted by the Customer.

The Customer may exercise their rights of access, rectification, portability, erasure, objection and limitation of the processing of their personal data, or withdraw their consent, by contacting our Customer Service by email at stores@messikagroup.com. The Customer is also informed that it has the right to bring a claim before the competent control authority, such as the Spanish Data Protection Agency ("AEPD").

For further information on our practices on protecting Customer data, the Store invites the Customer to consult the MESSIKA GROUP’s Personal Data policy, accessible on our website www.messika.com.

Further, the Customer may register on a list to be excluded from telephone, mail, e-mail or SMS/MMS: https://www.listarobinson.es/.

 

  1. Claims – Information

For all information, claims, invoking of legal guarantees or questions about the conditions of sale of MESSIKA products or those products themselves, the Customer may contact Customer Services by email at stores@messika.com.

 

  1. Intellectual Property

MESSIKA remains the owner of all intellectual property for photographs, presentations, studies, sketches, models, prototypes, etc. created (even at the Customer’s request) for the provision of products. The Customer is therefore prohibited from any reproduction or exploitation of those photographs, presentations, studies, sketches, models, prototypes, etc. without prior express permission in writing from MESSIKA which may condition it against financial compensation.

 

  1. Regulatory provisions

All diamonds purchased by MESSIKA originate from legitimate sources not involved in the financing of conflict, according to the resolutions of the United Nations. MESSIKA hereby guarantees that the diamonds are not sourced from conflict zones, this guarantee being based on its knowledge and/or guarantees in writing from the supplier of the diamonds.

Furthermore, MESSIKA is a member of a Responsible Jewellery Council for further information about RJC you can searchhttps://www.responsiblejewellery.com/

 

  1. Force Majeure

The execution of MESSIKA’s obligations hereunder is suspended in the event of the occurrence of a fortuitous or force majeure event preventing such execution.

The suspension of its obligations may in no case be a cause for responsibility due to non-execution of that obligation or incur any payment of damages or late penalties.

The execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and does not exceed a period of eight (8) days.

If the prevention is definitive or exceeds that period of eight (8) days, these Terms and Conditions shall be simply rescinded.

 

  1. Applicable law – Language – Disputes

Our TERMS AND CONDITIONS are governed by and subject to Spanish law.

In accordance with article 57 of the Spanish Consumer Protection Act, any consumer-related dispute may be amicably settled by mediation with the to the Consumer Arbitration System. The European Commission offers a platform for alternative dispute resolution, which can be accessed at: http://ec.europa.eu/consumers/odr/  

MESSIKA is not a member of any association or organization that offers an extrajudicial system of conflict resolution in Spain.

If the Customer does not wish to do so, the dispute will be referred to the courts and tribunals of the consumer's domicile.