Terms of sale

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES.

By placing an order with us you are agreeing to all our Terms & Conditions and information on this page. Which means that with buying something from us, you agree to our terms. We reserve the right to change any information on the MOYA.nl website at any time. Unless otherwise specified, all amounts shown on the MOYA.nl website are in Euros.

1.THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOYA OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through MOYA.nl (the “Site“). These Terms are subject to change by MOYA. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2.Order acceptance and cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between MOYA and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at +31207370679 or e-mail info@MOYA.nl

3.Prices and payment terms.

3.1 Prices. Unless otherwise specified, all amounts shown on the MOYA.nl website are in Euros. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do include taxes and charges for shipping and handling. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

3.2 Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. For now we accept IDEAL, PayPall for all purchases. Later this year we will accept Visa and Mastercard.. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.3 Gift certificates. Gift certificates are available for purchase. Please contact us at +31207370679 or info@moya.nl

3.4 Colours. Every effort has been made to represent the colours of our products that appear on this website as accurately as possible. However, because the actual colours you see depends on the monitor you are using, MOYA cannot guarantee that your monitors display of any colour will match the colour exactly.

4.Returns and refunds.

4.1 Returnable and non-returnable items. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and provided such products are: (a) returned in their original condition; and (b) accompanied by a sales receipt to MOYA. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. Custom and engraved items are non-returnable and non-refundable. All sales are final after thirty (30) days from the date of delivery.

4.2 Requesting a return. To return products, you must call +31207370679 or e-mail our Returns Department at info@moya.nl to request a return. If we authorize your return, we will provide you with a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

4.3 Shipment of return items. Online purchases can be returned in-store, only with an RMA number. Or you can ship your return item once we have received and authorized your return request, we will provide you with a pre-paid shipping label along with shipping instructions. Please ship your return using this pre-paid shipping label according to the shipping instructions. If you do not ship your return using the pre-paid shipping label or according to the shipping instructions, you are responsible for all shipping and handling charges on returned items and you assume the risk of loss during shipment, so we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

4.4 Refund processing. Refunds are processed within approximately fourteen (14) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. If you receive a faulty item you can receive a refund. All items must be returned within 14 days of receiving the item in new, unused condition with all tags attached and original packaging. Please use your international postal service if you are mailing from abroad or use FEDEX or UPS. Your tax invoice/order number and e-mail address are required fields when processing your return. Proof of purchase (a copy) must be supplied for all returns or repairs. Returns remain the responsibility of the purchaser until your item is delivered to our gallery. We highly recommend registering your return as this provides tracking and signature on delivery. If you have a faulty item, please contact us for shipping advice. Please notify us immediately if we have sent you the wrong item or your item is defective. Item must be returned to us within 14 days. Please note that colours may vary slightly from those displayed by your monitor.

Things to Note

*We must receive your returns application within 14 days of you receiving the item

*All items must be in new, unworn condition with all tags and packaging intact

*We process returns from Thursday to Friday. Please allow for 1 week for us to process your  return

*Please notify us immediately (within 10 days when received the ordered item) if we have sent you the wrong item or if your item is defective

Credit Voucher

Sale/discounted items are able to be returned for credit voucher only

Credit vouchers are valid for a period of 6 months from issue date

How to submit an online return

Returning an item to us is easy! Simply follow the instructions below, to get started.

Step 1 – Return

Call +31 20 7370679 us or e-mail us at info@moya.nl. We will need your order number and email address. Tell us which item you would like to return and why you would like to return.

Step 2 – Return / RMA number

When we approve the return we will send a Return Merchandise Authorization (“RMA”) number to you. Write the RMA number on the back of your invoice and return this invoice with your item.
We generally only reject returns if it is outside of our returns period of 14 days.

Step 3 – Return the item to us

Pack up your item with all it’s original packaging/swing tags etc and send it to us. Make sure you include the invoice with your RMA number. We recommend using Registered Post/FEDEX/UPS/PostNL as it is trackable and we must sign for the delivery. The item is your responsibility until it reaches our gallery. The shipping costs for the return are yours.

Please return to us within 5 days of your RMA number being approved. Once your item reaches us we will process your return, please allow 1 weeks for processing.

5.Exchanges

If you’re looking to return a faulty or incorrect item, please contact us so we can get this sorted out for you. To exchange your online order, you can specify the details of the replacement item you would like by e-mail or phone. If in stock, this replacement item will be reserved for 14 days. Once your original item is received back into our gallery, we will issue a credit note for the value of your returned item/s. This can then be used to finalise the purchase of your reserved, replacement item.

Please note that you are responsible for the cost of returning the original item back to us.

Please call +31207370679 or e-mail info@moya.nl and tell us which item you would like to exchange.

Specify the details of the replacement item you would like, including style name, colour or print name and size if needed. Once we receive your return request, we will approve if we have the replacement item in stock. If we don’t have the replacement item, we’ll contact you via e-mail or phone. If in stock, we can reserve your replacement item for 14 days. Once original item is received back into our gallery, we will issue a credit voucher – you can use this to finalise the purchase of the reserved item. Please note that you are responsible for the cost of returning the original item back to us. Credit vouchers are valid for a period of 6 months from issue date.

6.Shipments; Delivery; Title and Risk of Loss.

Orders are shipped from the gallery on Thursdays. Orders received by 12 noon Wednesday will be shipped on the next day, Thursday. Any orders received after 12 noon (CET on Wednesday) will be shipped the next Thursday. During sale periods, please allow an extra 5 business days for delivery.

6.1 Shipping. We will arrange for shipment of the products to you according to the shipping option you choose. You will pay all shipping and handling charges specified during the ordering process. You are responsible for all duties and taxes applied to a shipment at customs. A contact phone number is required for all shipments.

6.2 Delivery. A signature will be required for all shipments at the time of delivery. Delivery on Sundays or holidays is unavailable. Saturday delivery may be available, but please contact us at +31207370679 or info@moya.nl for pricing and eligibility. We do not deliver to P.O. Boxes or APO/FPO/DPO address locations.

6.3 Title and risk of loss. Title and risk of loss pass to you upon the transfer of the products from the carrier to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6.4 Out of Stock Items. Items not on hand at time of order will ship approximately four (4) to six (6) weeks after we receive your order. You will receive a confirmation of shipment when the order is sent. If you need your order sooner, please contact us to see how quickly we can accommodate you. Expedition fees may apply.

Shipping in The Netherlands

All national orders are shipped by Postnl. We offer free Postnl shipping throughout the Netherlands for orders over €100. Standard delivery times can range from 2-10 business days within The Netherlands. Notification via e-mail will be sent on completion of your order along with a tracking number. Track your order through Postnl. All national orders require signature on receipt of delivery (We recommend delivery to a business address). In the case of incorrect supply of address details, there may be re-delivery fees applied in some cases.

Standard shipping within The Netherlands:

€0-99,99 purchase The Netherlands: €10

€100+ purchase The Netherlands: free

Shipping international within Europe

We offer shipping to most international destinations. The item price and delivery charges are all in € Euro and are with Dutch TAX/VAT. The TAX/VAT component will be shown at checkout.

The €30 shipping fee is for postage only and does not cover any customs or duty charges relevant to your destination country. You may need to pay customs and duties in your destination country. These charges are the responsibility of the purchaser – please contact your local customs office for further information. If customs charges are not paid for, and the item is returned to us, we will deduct any extra charges we incur (customs or freight costs) before we refund your purchase to you. Delivery times may vary, but are generally between 3 – 10 business days depending on distance from The Netherlands. You will receive an e-mail notification when your item has been shipped, along with your tracking reference. We send international deliveries via Postnl, in some cases FedEx or UPS. Your item will need to be signed for and customs charges paid before delivery

We highly recommend using a work/business address as deliveries are always during business hours, and there may be a fee for re-delivery if you are not there to accept the parcel.

Cost for delivery to international destinations within Europe:

€0-299,99 purchase Europe: €30

€300+ purchase Europe: free

Shipping international outside Europe

We offer shipping to most international destinations outside Europe. The item price and delivery charges are all in € Euro and are TAX/VAT free. The TAX/VAT component will be removed at checkout. The €50 shipping fee is for postage only and does not cover any customs or duty charges relevant to your destination country. You may need to pay customs and duties in your destination country. These charges are the responsibility of the purchaser – please contact your local customs office for further information. If customs charges are not paid for, and the item is returned to us, we will deduct any extra charges we incur (customs or freight costs) before we refund your purchase to you. Delivery times may vary, but are generally between 3 – 10 business days depending on distance from The Netherlands. You will receive an e-mail notification when your item has been shipped, along with your tracking reference. We send international deliveries via Postnl, in some cases FedEx or UPS. Your item will need to be signed for and customs charges paid before delivery. We highly recommend using a work/business address as deliveries are always during business hours, and there may be a fee for re-delivery if you are not there to accept the parcel. Cost for delivery to international destinations outside Europe:

€0-499,99 purchase outside Europe: €50

€500+ purchase outside Europe: free

7.Goods.

7.1 Gift Wrapping. All packages will arrive gift wrapped and in our exclusive MOYA packaging.

7.2 Gift Note. You may include a personalized note that will appear printed on a MOYA note card to be included in your order package. Please provide the message during checkout.

7.3 Engraving. Engraving is available for certain items. Engraved items are non-returnable. Please contact us at info@moya.nl or +31207370679 (Thursday and Friday 11am-5pm Saturday 11am-5pm Central European Time (CET)) for pricing and availability.

7.4 Sizing. The ring size is shown next to the product. When you need another ring size as shown, please contact us. All other ring sizes will need to be placed as a special order and will be shipped in four (4) to six (6) weeks of our receipt of the special order. Some rings cannot be resized. Please see specific product pages for more information. In the event that you would like to order a non-resizable ring in a size that is not in stock, you must submit your order as a special order. Please contact us at info@moya.nl or call +31207370679 for more information.

7.5 Repairs. For any repair inquiries, please contact us at info@moya.nl or call +31207370679 for more information.

7.6 Authenticity. All MOYA jewelry pieces contain our hallmark and will be shipped with a Certificate of Authenticity. Please contact us at info@moya.nl or call +31207370679 to report a possible counterfeit.

8.LIMITED WARRANTY. WE WARRANT THAT THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. ONLY MOYA CAN RESIZE, MODIFY, REPAIR, OR WORK ON YOUR ITEM. All MOYA items are covered by a 6 month warranty from your date of purchase. We will repair, replace or refund faulty items and require a copy of proof of purchase in order to do so. If you purchase directly from us online we can just look up your details in our system, to be sure and keep your receipt as proof of purchase. All warranty claims require a copy of proof of purchase.

8.1 Warranty Exclusions. This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. All warranty claims require a copy of proof of purchase. MOYA items are not made for “heavy duty” or “gardening” usage. Treat your item as you would treat a new born baby or your favourite pair of shoes – with love and care. Head over to our care pages for further information.

8.2 Remedies. With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

8.3 Warranty Service. To obtain warranty service, you must call +31207370679 or e-mail info@moya.nl during the Warranty Period to obtain an RMA number (see point 4. Returns). No warranty service will be provided without an RMA number.

8.4 Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.Goods not for resale or export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.

10.Privacy. Our Privacy Policy, www.moya.nl, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. See our Privacy page.

11.Force majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

12.Notices. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to MOYA, Spiegelgracht 36 sous, 1017 JS Amsterdam. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

13.Entire agreement and severability. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

14.Help or advice. We welcome you to contact our staff at +31207370679 between the hours of 11am and 5pm CET on Thursdays, Fridays and Saturdays or by e-mail at info@MOYA.nl