Terms of service

GENERAL CONDITIONS OF USE AND PURCHASE

This document establishes the conditions of use of the website www.morganasanderson.com (hereinafter, the ‘Website’), as well as the conditions for the purchase of products through the same (hereinafter, the ‘General Conditions’). By accessing, browsing or using this Website, you (the ‘User’) expressly and fully agree to these Terms and Conditions and the additional policies and documents referred to in these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you should refrain from using the Website.

1. LEGAL INFORMATION

The owner of this Website is Gloria Buecher (hereinafter ‘MORGANA SANDERSON’).

2. CONDITIONS OF USE OF OUR WEBSITE

By using the Website and placing orders through it, the User undertakes to:

• Not to place false or fraudulent orders, or register or provide false or inaccurate data.
  Not to carry out actions that damage, block, deteriorate, render useless, temporarily or permanently overload the functionalities, tools, contents or infrastructures of the Website.
• Not to use the content of the Web Site for illicit purposes prohibited in these General Terms and Conditions, or that harm the rights of MORGANA SANDERSON, other users or third parties.
• Periodically review these General Terms and Conditions to keep abreast of any possible modifications.
• The introduction of hyperlinks on websites not belonging to MORGANA SANDERSON for commercial purposes that allow access to the Website is prohibited without prior consent.

The User shall be liable for any damages that MORGANA SANDERSON or third parties may suffer due to breach of the obligations established in these General Conditions or in applicable legislation.

3. RETURN AND EXCHANGE POLICY

General information:

At MORGANA SANDERSON, each piece is handcrafted, with unique details, so it may contain imperfections that make it unrepeatable. These particularities are part of the design and finish, and we do not offer returns for this reason. Please take this into account before purchasing.

The deadline for requesting an exchange or return is 14 days from the date of purchase. Once this period has expired, MORGANA SANDERSON reserves the right to refuse the request.

Products not subject to return:

Pursuant to art. 103.c) of Royal Legislative Decree 1/2007, of 16 November, products that are personalised or manufactured according to the consumer's specifications may not be returned.

Refunds:

Refund requests must be made by email to hola@morganasanderson.com. The amount will be refunded upon receipt of the returned product at the address provided to the user. Shipping costs will not be refunded.

MORGANA SANDERSON reserves the right to refuse a return if the above conditions are not met. If the product arrives opened or damaged due to our error, we will cover the return shipping costs.

Refunds are made to the credit card or payment method used in the order, and may take 3-5 business days to process.

MORGANA SANDERSON is not responsible for defects caused by misuse, neglect, alterations or cosmetic damage due to normal wear and tear and aging.

4. ORDERING

To place an order, you must follow the online checkout procedure and click on ‘Authorise Payment’. If your offer is accepted, you will receive an email confirming that your order has been processed (the ‘Order Confirmation’). We will also inform you by email when the product is shipped (the ‘Shipping Confirmation’). The contract for the purchase of a product is only formed when we send you the Shipping Confirmation.

We reserve the right to refuse an order, even after we have sent the Order Confirmation. If your offer is not accepted and you have already been charged, you will be refunded in full.

By placing an order, you warrant that all information and personal details provided are true and accurate and that you are authorised to use the relevant credit or debit card.

5. PRICE

The price of the products will be the price indicated at all times on the Website, unless there is a manifest error. These prices may change at any time, but any changes will not affect orders for which we have already sent a Dispatch Confirmation. Prices include VAT, but exclude delivery charges, which will be added to the total amount due.

6. SHIPPING

Shipping time is 15-20 working days depending on the country of delivery and whether your order has been placed for an in-stock or pre-sale product.

All orders placed from Monday to Sunday will be processed on the following Tuesday working day. Public holidays do not count as delivery days. The actual delivery date may be affected by delays due to external factors such as weather conditions.

The total cost of delivery will be calculated automatically and detailed at checkout. More information is available on our ‘Shipping and delivery’ help page.

7. RIGHT OF WITHDRAWAL

Requests for exchange and return of products must be made within 14 calendar days of delivery of the product.

Requests shall be made by e-mail to hola@morganasanderson.com, and the customer shall bear the cost of sending the exchange. MORGANA SANDERSON will cover the shipping of the exchanged part.

The returned product must be in perfect condition, unused, unwashed, with all its original labels and in the same packaging in which it was delivered.

MORGANA SANDERSON reserves the right to refuse a return if all of the above conditions are not met.

8. PRODUCT AVAILABILITY

All orders are subject to product availability. In the event of supply difficulties, we will refund any amount paid.

9. WARRANTIES

If you purchase as a consumer, we offer warranties on products sold through the Website in accordance with the legally established terms for each type of product, covering any non-conformity that becomes apparent within two years from the delivery of the product.

Products are considered to be in conformity with the contract if they match the description provided by us and possess the qualities we have presented on this Website. If a product does not conform to the contract, you must inform us immediately.

Warranty and return of items:

The warranty period is 2 years from the receipt of the item, and you may exercise the right of withdrawal within 14 calendar days from delivery. The warranty does not cover defects caused by daily use, breakage, or material wear such as plating. To proceed with the return, the consumer must retain the order number.

Manufacturing defects covered by the warranty include porosity, uneven settings, and damage to stones detected upon receiving the item. The warranty does not cover damage caused by accidents, improper use, or normal wear and tear. Customized or made-to-order items are not eligible for returns.

All our products are made from natural materials, which may present inconsistencies due to their natural origin, and these cannot be considered defects.

Manufacturing defects refer to the structure of the jewelry. Some examples of manufacturing defects covered by the warranty include:

• Porosity, surface pores, metal defects.
• Uneven settings.
• Breaks, scratches, or chips in stones found at the time of receipt of the item.

This warranty does not cover damages to the jewelry caused by accidents, impacts, misuse and abuse, modification, third-party repair attempts, and normal wear and tear from daily use, loss of the jewelry or parts of it, as well as errors or failure to follow the jewelry care instructions. It also does not cover wear, scratches, and abrasions caused by use, and in the case of plated jewelry, it does not cover the wear of gold plating.

Other examples of normal wear and tear on jewelry not covered by the warranty include:

• Rings that have been damaged or deformed as a result of practical activities. This also includes cases where the damage results in the loss of stones.
• Broken earring clasps.
• Broken chains or links.

The warranty also does not cover dirt on jewelry. Please note that 925 Sterling Silver is a precious metal and can get dirty.

Under this warranty, MORGANA SANDERSON will replace items with manufacturing defects.

*For warranties requested after 14 days of receiving the purchase, our quality team will evaluate the case, and if the conditions for warranty are met, the jewelry will be replaced or, if this is not possible due to lack of stock, a gift card for the value of the damaged jewelry will be issued.

10. LIABILITY AND DISCLAIMER

Unless expressly provided in these General Conditions, our liability shall be strictly limited to the purchase price of the product. We shall not be liable for lost income, profits, data, or any other indirect loss.

Due to the digital nature of the Website, we do not guarantee the accuracy and security of the information transmitted or obtained through it unless expressly stated.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY

All content published on the Website, including designs, texts, graphics, logos, and trademarks, are protected by industrial and intellectual property rights belonging to MORGANA SANDERSON or third parties. The exploitation, reproduction, or distribution of this content without prior authorization is prohibited.

12. COMMUNICATIONS IN WRITING

By using this Website, you agree that most of our communications will be electronic. For contractual purposes, you consent to this means of communication and acknowledge that all electronic communications comply with the legal requirement of being in writing.

13. VIRUSES, HACKING, AND OTHER CYBER ATTACKS

You must not misuse the Website by introducing viruses, trojans, or any other technologically harmful material. You shall not attempt to gain unauthorized access to the Website, its server, or any server, computer, or database connected to the Website. Breaching this provision could result in the commission of crimes as defined by applicable legislation.

14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

This contract is binding both for you and for us, as well as for our respective successors, assignees, and heirs. You may not transmit, assign, charge, or otherwise transfer this contract or any of its rights or obligations without our prior written consent. We may transmit, assign, charge, subcontract, or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. These assignments, transfers, charges, or other similar operations will not affect the rights recognized by law to consumers nor nullify, reduce, or limit the express or implied warranties provided.

15. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in fulfilling any of our obligations when such failure or delay is due to events beyond our reasonable control (force majeure events). These events will include, but are not limited to:

Strikes, lockouts, or other industrial actions. Civil commotion, riots, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster. Inability to use trains, ships, airplanes, motor transport, or other means of public or private transportation. Inability to use public or private telecommunications systems. Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

The obligations derived from the contract will be considered suspended for the duration of the force majeure event, and we will be granted an extension to fulfill these obligations for a period of time equal to the duration of the force majeure event. We will make every reasonable effort to bring the force majeure event to an end or to find a solution that allows us to fulfill our contractual obligations.

16. WAIVER

The fact that we do not require strict compliance with any of your obligations under this contract or these General Conditions, or that we do not exercise the rights or remedies available to us under it, will not constitute a waiver of such rights or remedies and will not relieve you from fulfilling such obligations. No waiver by us of any of these Terms and Conditions or the rights or remedies arising from a contract will be effective unless expressly stated as a waiver and formalized in writing.

17. PARTIAL INVALIDITY

If any of these Terms and Conditions or any provision of a contract is declared null by a final decision of a competent authority, the remaining terms and conditions will remain in force and will not be affected by such declaration of nullity.

18. ENTIRE AGREEMENT

These General Conditions and any document referred to in them constitute the entire agreement between the user and MORGANA SANDERSON and replace any other prior agreement, either verbal or written.

19. RIGHT TO MODIFY THESE TERMS

We reserve the right to modify these Terms and Conditions. The modifications will not be retroactive. If you do not agree with the changes, we recommend you stop using our website.

20. APPLICABLE LAW AND JURISDICTION

The use of our website and the purchase of products through it will be governed by Spanish law. Any dispute arising from or related to the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

LAST UPDATED: 08/28/2024