Legal Notice
GENERAL TERMS AND CONDITIONS OF CONTRACT
POLIN ET MOI, S.L. — Online store (www.polinetmoi.com)
1. Seller identification
In compliance with the duty of information, the identifying data of the online store owner are provided below:
Company name: POLIN ET MOI, S.L.
Registered office: Calle José Echegaray 8, Building 3, Office 3, 28223 Las Rozas de Madrid (Madrid).
Tax ID (N.I.F.): ESB-87225611.
Commercial Registry: Madrid Commercial Registry, Volume 33283, Folio 88, Section 8, Sheet 598969 of the Companies Book.
Email: hola@polinetmoi.com
These General Terms and Conditions of Contract (hereinafter, the "Terms") regulate the distance sale of products offered through the website www.polinetmoi.com (hereinafter, the "Website") —which include, among others, clothing, footwear, jewelry and accessories, bridal and ceremony items, as well as gift cards— to consumers and users, as defined in 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 (hereinafter, the "TRLGDCU"). These Terms and Conditions apply to sales made to consumers.
2. Acceptance and availability of the Terms and Conditions
These Terms and Conditions are made available to the user on the Website prior to placing the order, so they can be stored and reproduced. By checking the box enabled for this purpose during the purchase process, the user declares that they have read and expressly accepted these Terms and Conditions. It will not be possible to complete the order without such acceptance.
3. Products and prices
The essential features of each product are described in its corresponding data sheet. Prices are expressed in euros and include the applicable Value Added Tax (VAT). Shipping costs are not included in the product price and are indicated separately before order confirmation, so that the consumer knows the total price (product price, taxes, shipping costs, and any other additional charges) prior to placing the order.
4. Purchase process and contract completion
Prior to order confirmation, the user may review and modify their purchase details. The purchase process requires confirming an order that entails a payment obligation, which is expressly indicated by the corresponding formula. Once the order is placed, the seller will send a confirmation of receipt by email without undue delay. The contract will be concluded at the moment this confirmation is sent.
5. Payment
The accepted payment methods are those shown during the purchase process (card, PayPal, Google Pay, and bank transfer). Additionally, the option to finance in installments through SeQura (up to twelve payments) is offered, subject to the conditions and approval of that provider. When payment has been financed through SeQura, any refund resulting from withdrawal or non-conformity will be processed in coordination with the financing entity and applied to the financed amount.
6. Billing. Electronic invoice
The consumer has the right to receive the invoice corresponding to their purchase. Issuance of the invoice in electronic format is subject to the consumer’s express and prior consent. The electronic invoice will only be issued at the consumer’s express request; otherwise, the invoice will be made available on paper or another durable medium. Consent may be revoked at any time by communication sent to the email address indicated in clause 1.
7. Delivery
Delivery in mainland Spain is generally made within two to four business days; certain products may have a longer delivery time, which is indicated on the product sheet before placing the order. In any case, the seller will deliver the products without undue delay and within a maximum period of thirty calendar days from the conclusion of the contract, unless otherwise agreed. Shipping costs for mainland Spain amount to €3.95 and are indicated before order confirmation. The risk passes to the consumer at the time of delivery of the goods.
8. Right of withdrawal
The consumer has the right to withdraw from the contract within fourteen (14) calendar days without needing to provide any reason and without any penalty. The withdrawal period will expire fourteen calendar days after the day on which the consumer, or a third party indicated by them other than the carrier, acquires physical possession of the goods or, if the goods that make up the same order are delivered separately, from the acquisition of the last of them.
To exercise the right of withdrawal, the consumer must notify the seller of their decision through an unequivocal statement, addressed to the postal or electronic address indicated in clause 1. The consumer may use the withdrawal form model included as an Annex to these Conditions, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding deadline expires.
Consequences of lack of information. In accordance with Article 105 of the TRLGDCU, if the seller has not provided the consumer with information about the right of withdrawal, the period to exercise it will end twelve months after the expiration of the initial fourteen-day period.
9. Consequences of withdrawal. Refunds and returns
Refund by the seller. The seller will refund all payments received from the consumer, including standard delivery costs, without undue delay and, in any case, within a maximum period of fourteen (14) calendar days from the date they were informed of the consumer's decision to withdraw, in accordance with Article 107 of the TRLGDCU. The seller will make the refund using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that this does not incur any cost to them as a result of the refund. However, additional costs will not be refunded if the consumer has expressly chosen a delivery method other than the least expensive standard delivery option offered.
Right of retention. The seller may withhold the refund until they have received the goods or until the consumer has provided proof of their return, whichever condition is met first.
Return by the consumer. The consumer must return or hand over the goods to the seller without undue delay and, in any case, within a maximum period of fourteen (14) calendar days from the date they communicate their decision to withdraw. The deadline will be considered met if the consumer returns the goods before the period has expired.
As a commercial courtesy, the seller assumes the cost of returning orders delivered within Spanish territory, except for discounted items and bridal and ceremony items ("bride" and "guest"), for which a return cost of €3.95 will apply. This commercial policy does not limit the legally recognized right of withdrawal of the consumer; when this courtesy does not apply, the direct cost of returning the goods will be borne by the consumer, in accordance with article 108 of the TRLGDCU.
Liability for value reduction. The consumer will only be responsible for the reduction in value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, or functioning.
10. Exceptions to the right of withdrawal
In accordance with article 103 of the TRLGDCU, the right of withdrawal shall not apply, among others, to the following cases: (a) goods made according to the consumer's specifications or clearly personalized, which may include bridal or atelier items made to measure or customized; (b) sealed goods that are not suitable for return for health protection or hygiene reasons and have been unsealed after delivery, such as body piercing jewelry (e.g., earrings) and similar items when sold sealed; (c) goods that, after delivery and considering their nature, have been inseparably mixed with other goods; and (d) other cases provided for in article 103 of the TRLGDCU.
Gift cards will not be subject to the right of withdrawal once the code has been delivered and to the extent that they constitute the supply of a payment instrument; their specific conditions of use, including, where applicable, their validity period, are indicated at the time of purchase.
11. Legal warranty of conformity
The seller is responsible to the consumer for any non-conformity of the goods that exists at the time of delivery and manifests within three (3) years from that delivery, in accordance with articles 114 and following of the TRLGDCU. Unless proven otherwise, it will be presumed that non-conformities that appear within two (2) years after delivery already existed at the time of delivery, unless this presumption is incompatible with the nature of the goods.
In case of non-conformity, the consumer shall have the right to bring the good into conformity (through repair or replacement, free of charge), to a proportional price reduction, or to contract termination, under the terms and order of precedence established in articles 118 and following of the TRLGDCU. The action to claim compliance with conformity provisions shall prescribe five (5) years from the manifestation of the non-conformity.
This legal warranty is independent and additional to any commercial warranty that may be offered.
12. Customer service and complaints
For any inquiry, complaint, or communication, the consumer may contact the seller through the channels indicated in clause 1. The seller has official complaint forms available to consumers.
13. Use of the website
13.1. Accessing and browsing the page implies that the User fully and unreservedly accepts each and every one of the Rules in the version published by The Website at the very moment the User accesses the page. Therefore, the User should be aware of the importance of consulting the Rules each time they access the page.
13.2. The User agrees to use the Website and the services made available through it in accordance with the Law, morality, good customs, and public order, as well as the provisions of these General Conditions of Use.
13.3. The company may, for greater efficiency in the operation of the page and for the benefit of the Users, unilaterally modify, at any time and without prior notice, the content and services provided or any aspect of the website. Similarly, the company reserves the right to unilaterally and without prior notice modify, within the terms of current law, any of the terms and conditions of the Rules. These modifications may be communicated personally to registered Users.
13.4. The website provides the User with a blog, reserving the right to publish User comments as well as to partially or fully delete them without prior notice to the Users. Likewise, the website is not responsible for the content, comments, expressions, and opinions expressed by blog users and published therein, nor does it guarantee their accuracy.
14. Intellectual and Industrial Property
14.1 All intellectual and industrial property rights of the Website and its contents, including but not limited to images, sound, audio, video, designs, texts, graphics, logos, icons, color combinations, structure, buttons, as well as software, trade names, trademarks, works, illustrations, photographs or industrial drawings, and any other signs susceptible to industrial and commercial use are owned by the company or third parties who have duly authorized their inclusion on the Website.
14.2 Reproduction, distribution, and public communication, including making available, of all or part of the Website contents for commercial purposes, on any medium and by any technical means, are expressly prohibited without the express authorization of the owner of this Website.
14.3 The user agrees to respect the intellectual and industrial property rights owned by POLIN.
14.4 The user may use the Website and its contents for personal and private use only. Any other use is prohibited and requires the user to obtain prior express written authorization from the Website owner. The user must refrain from removing, altering, bypassing, or manipulating any protection device or security system installed on the Website.
15. Applicable law and dispute resolution
These Conditions are governed by Spanish law. Without prejudice to the consumer's right to take action before the competent courts and tribunals, any claim may be directed to the seller through the channels indicated in clause 1 and the official complaint forms may be requested. Likewise, the consumer may resort to the Consumer Arbitration System and the competent consumer authorities.
ANNEX. Model withdrawal form
(You should only complete and send this form if you wish to withdraw from the contract.)
To the attention of POLIN ET MOI, S.L., Calle José Echegaray 8, Edificio 3, Oficina 3, 28223 Las Rozas de Madrid (Madrid); email: hola @polinetmoi.com:
I hereby inform you that I/we (*) withdraw from my/our (*) sales contract for the following goods:
— Ordered on / received on (*): ________________________
— Order number: ________________________
— Name of the consumer or consumers: ________________________
— Address of the consumer or consumers: ________________________
— Signature of the consumer or consumers (only if this form is submitted on paper): ________________________
— Date: ________________________
(*) Cross out what does not apply.
