Terms of service
1. Seller identification
The Malalma online store is managed by [RAZÓN SOCIAL O NOMBRE COMPLETO DEL AUTÓNOMO], with tax ID [NIF], address at [DOMICILIO COMPLETO], email [EMAIL DE CONTACTO] and website [DOMINIO WEB]. Hereinafter, “Malalma”.
2. Purpose and scope
These Terms govern access to and purchase of jewelry products through the Malalma online store. They apply to relationships with consumers and users acting for purposes unrelated to their business or professional activity. Initial delivery is limited to mainland Spain.
Purchase implies acceptance of these Terms, the Shipping Terms and the Returns and Refunds Policy in force at the time of the order, without prejudice to mandatory rights recognized by consumer regulations.
3. Capacity to contract
Orders may only be placed by adults with sufficient legal capacity to contract. The buyer declares that the data provided is true, complete and current, and that they are authorized to use the selected payment method.
4. Product information
Malalma seeks to ensure that descriptions, measurements, materials, weights, carats, stone characteristics and photographs are clear and accurate. Images may show variations in scale or color due to screen, lighting or the individual nature of certain materials. Natural or manufacturing variations that do not affect conformity are not defects by themselves.
When a product page includes a gemological certificate, engraving, size, measurement or other specification, those elements form part of the contractual description of the product.
5. Purchase process and formation of the contract
Before confirming the order, the buyer may review the products, essential characteristics, total price, taxes, shipping costs and entered data. The order is considered received when Malalma sends an electronic confirmation of receipt.
The contract is formed when Malalma confirms acceptance of the order. If the product cannot be manufactured or supplied, Malalma will inform the buyer and refund any amounts charged without delay using the original payment method.
Malalma will archive the contractual information and provide the buyer with confirmation of the contract on a durable medium. The contract language will be Spanish.
6. Prices, taxes and payment
Prices are expressed in euros and include legally applicable taxes unless clearly stated otherwise. Shipping costs and any additional cost will be shown before completing the purchase. No additional services will be charged without the buyer’s express consent.
Accepted payment methods will be those available through the online store payment gateway. The charge will be made according to the conditions shown during checkout. Malalma may carry out reasonable checks to prevent fraudulent transactions without unjustifiably affecting the buyer’s rights.
7. Availability and made-to-order production
Part of the catalogue may be manufactured once the order has been confirmed. The expected total preparation and delivery time is five weeks from order and payment confirmation, unless another period is expressly agreed on the product page or during purchase.
Made-to-order production by itself does not make the product personalized or remove the legal right of withdrawal. The exception will apply only when the product has been made according to the buyer’s particular specifications or is clearly personalized.
8. Shipping and delivery
Malalma initially delivers within mainland Spain, in accordance with the Shipping Terms. If a delay arises due to demand, material availability, transport or another cause, Malalma will communicate the situation and propose a reasonable additional period. If delivery is not made within the agreed period and, where applicable, the additional period granted, the buyer may terminate the contract and receive the corresponding refund.
The risk of loss or damage passes to the buyer when the buyer, or a third party indicated by the buyer other than the carrier, obtains physical possession of the product.
9. Right of withdrawal
For non-personalized products, the buyer has fourteen calendar days from receipt to communicate the decision to withdraw without giving reasons. The conditions, procedure, return costs and model communication are detailed in the Returns and Refunds Policy.
Withdrawal does not apply to goods made according to the buyer’s specifications or clearly personalized, as provided by law. This exception will be clearly communicated before purchase when applicable.
10. Legal guarantee and lack of conformity
Products are covered by the statutory conformity guarantee for three years from delivery. If a product does not match what was contracted, the buyer may request the legally provided remedies, including free repair or replacement where appropriate and, in the legally established cases, a price reduction or contract termination.
The guarantee does not cover normal wear and tear, damage caused by knocks, improper use, handling, external repairs, loss or failure to follow reasonable care instructions, provided those facts caused the damage. This exclusion does not limit rights arising from an original defect.
11. Use of the website
The user undertakes to use the store lawfully, not to interfere with its operation and not to attempt unauthorized access to systems, accounts or data. Malalma may limit abusive or fraudulent access through proportionate measures.
12. Intellectual property
Texts, photographs, designs, trademarks, logos, graphics and other store content belong to Malalma or are used with authorization. Access does not grant exploitation rights. They may not be reproduced, distributed, transformed or used commercially without authorization, except where permitted by law.
13. Liability
Malalma will be liable under applicable law for performance of the contract and conformity of the products. Nothing in these Terms excludes or limits liability where such exclusion is prohibited, nor restricts mandatory consumer rights.
Malalma will not be responsible for temporary interruptions of the site due to maintenance, technical incidents or causes beyond its reasonable control, but will take proportionate measures to restore the service and protect confirmed orders.
14. Communications and customer service
Questions, complaints, withdrawal requests and communications relating to orders may be sent to [EMAIL DE CONTACTO] or [DIRECCIÓN POSTAL]. Malalma will provide a means that allows the communication to be recorded.
15. Modification of the Terms
Malalma may update these Terms due to legal, operational or commercial changes. Changes will not retroactively affect already accepted orders, which will be governed by the version in force at the time of purchase unless mandatory law provides otherwise.
16. Applicable law and dispute resolution
These Terms are governed by Spanish law. For any dispute with consumers, the courts and tribunals determined by mandatory rules will have jurisdiction, including, where appropriate, the consumer’s domicile. The choice of law will not deprive the consumer of mandatory protection.
The buyer may file a complaint through the indicated service channels and use public alternative consumer dispute resolution systems where applicable.
17. Partial invalidity
If any clause is declared invalid or unenforceable, it will be interpreted or replaced as necessary under the law without affecting the validity of the remaining Terms.