Terms of Contract

This agreement regulates the general purchase conditions of the various products and services offered on this website by JORDI CALVERES NAVINÉS (hereinafter “CUSTOMOON”) with NIF nº 46607138F and address at Carrer Monturiol, 21, bajos de 08291 Ripollet (Barcelona, Spain).

When the CLIENT completes the registration process and purchases any of our products, he expressly accepts and submits to the clauses specified below, as well as the Conditions of access and use of our portal (Legal Notice) and its Privacy Policy, accessible at all times through our website.

The CLIENT acknowledges having sufficient legal capacity to be contractually bound.

This contract is permanently accessible on our website.

IMPORTANT :

** If applicable, by pressing the "Buy" button, the CLIENT expressly consents that the service object of this contract begins its provision within the legal withdrawal period (14 days) therefore, in accordance with article 103 , section a) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter TRLGCU), when the service has been fully provided, you will lose your right to withdrawal and, when the service has been partially provided, in case of withdrawal, you must pay the proportional part.

*** Given the nature of some of our products (goods made according to the specifications of the consumer and user or clearly personalized) and in accordance with article 103 of Royal Legislative Decree 1/2007, of November 16, by In which the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, the TRLGDCU) is approved, the right of withdrawal is not applicable to this contract in relation to the purchase of the products that we personalize, such as key rings, magnets, mugs, t-shirts, etc.

1. Prices and taxes

In consideration for the product purchased, the CUSTOMER agrees to expressly pay CUSTOMOON the amounts specified at the time of purchase in the price list established on the web www.customoon.com for chosen products.

The products offered on this website are subject to Value Added Tax (VAT) which IS INCLUDED in the prices listed for each product.

The delivery of the items will be understood to be located in the VAT application territory if the delivery address is located in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times, depending on the specific item in question.

In the case of shipments to countries of the European Union, Spanish VAT will be deducted and the VAT tax rate corresponding to the country of destination will be applied. However, these orders may be subject to import and/or customs duties, depending on the regulations of each country.

In the case of application of import and/or customs duties, these will be borne by the recipient. Said expenses may vary depending on the country of destination, therefore, in most cases, the expenses cannot be estimated prior to delivery.

Transportation costs are NOT included in the price of the products. The price of transport will depend on the destination and the type of shipment requested by the CLIENT, since the latter may choose between the different modalities. The amount of said shipment will appear in the purchase process and in the breakdown before proceeding to the payment of the order.

Once the selection of products is finished and prior to confirming the order and before proceeding to pay it, the final purchase price will appear on the screen, which will include VAT (Value Added Tax), Management, packaging and shipping costs, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.

Everything that is not specified in the description as included is not included.

2. Purchase procedure

Through this website, orders can only be made by individuals over 14 years of age and companies.

On the website all our products are detailed individually. The procedure to make and manage the purchase is indicated on the website and only the following steps must be followed:

a. Choose the product you want to purchase.

b. When selecting a product, it can be added to the Shopping Cart either by adding the image with which you want to personalize through the online customizer or by sending the image with the necessary quality by email (you can use the templates that can be downloaded from the tab of each product) and you can choose to continue shopping or process the order.

c. To process the order, if it is the first time you access our portal, you must fill out a registration form with your personal data and create a personal account as a user. Once this step is completed, you will receive, in the e-mail that you have indicated, confirmation that the registration has been carried out correctly. In the event that you are an already registered user, to continue with the purchase process, all you have to do is enter the username and password that you generated in the first purchase. The user code and password are personal and correspond to the person who carried out the registration process, who is solely responsible for their custody. Through your account you can manage the information we have and modify or update your data.

d. Next, a summary of the order will appear, and you must confirm the shipping and billing address, as well as select the shipping method (economy, urgent, etc.).

e. Next, the order will be verified where the selected items are detailed one by one and the total price is calculated.

f. Likewise, it will be necessary to indicate an address for billing purposes of the purchase made and specify if the order is picked up at the store or if it is delivered to the home. It will be possible to indicate a single address for billing and delivery.

g. Once the process has been processed, it will be necessary to previously mark a checkbox for reading and accepting the terms and conditions of sale.

h. The web page will provide the mechanisms so that payment can be made depending on the system chosen in each case.

i. Once the payment data has been entered, you must confirm the order by clicking the "Go to checkout" button.

j. Once the payment is made, the product will be delivered.

The CLIENT acknowledges that the photographs of the products published as samples on the website may differ, not substantially, from the product delivered, since the colors or shapes may be perceived differently by each consumer in attendance. to multiple variables, such as the devices with which the products are displayed or environmental conditions such as light. However, these or other variables will never alter the characteristics of the products, which will be those described on the website and, in any case, the CUSTOMER may choose to withdraw from the purchase as indicated in these conditions.

Images

• The client is responsible and has the privileges and authorizations to use the designs, images or photographs included in the products to be personalized.
• We recommend that the images used for product personalization have the best possible quality for printing.
• If you do not know the quality, consult first, since the personalized products directly with the customizer online or sent by email are not checked and go directly to production.
• For a correct printing of the image it must be in Vectorial (SVG, PDF, AI, EPS) or Digital (JPG or PNG without compression or the minimum possible, at 300 dpi, in RGB) and actual size.
• We are not responsible for poor quality images used in the customizer or sent by email that do not have the necessary quality for a good result of the customization.
• If you want us to review the designs, you must hire the Graphic Design service and notify us by Email or Whatsapp.
• In cases where the Graphic Design or Individual Graphic Personalization service is contracted, the graphic files will be sent by Email or Whatsapp so that the client can review them carefully and confirm that everything is correct to be able to send it to production.
• Once the graphic files are confirmed, it will not be possible to modify them, if necessary you must create a new order. In case of locating errors after confirmation and production has already started, the client must pay the costs derived from repetition and modification.

3. Availability and Delivery

The products offered by CUSTOMOON are available for distribution exclusively in Spain (Peninsular Territory and Balearic Islands) and countries of the European Union.

Orders will be processed once payment has been successfully received.

The products offered by CUSTOMOON will always be subject to availability, which will be specifically indicated on our website for each product, so that, in the event that any item offered is not available, the customer will be duly informed of the lack of availability. Under normal conditions, all the products that appear on our website are available for delivery within the indicated periods.

In cases in which, once the order has been placed, the product contracted by the CLIENT is out of stock, they will be duly informed of this and they will be offered an alternative product with similar characteristics of the same price and quality as the one purchased. If even so, the CLIENT is not interested in accepting the proposed alternative, CUSTOMOON will proceed to refund the amount.

Likewise, in some cases, the products offered by CUSTOMOON are made in a personalized way. This happens, fundamentally, in the orders of certain articles that imply their elaboration especially for the specific order, in accordance with the CLIENT's specifications (key rings, badges, t-shirts, mugs, etc.).

The approximate production times for personalized products are detailed below:

These deadlines are approximate and in no case binding for CUSTOMOON, since they will depend on the characteristics of the product and the order carried out.

Delivery modalities:

There are two modes of delivery of the purchased products: collection at the store or home delivery. At the time of purchase, the CUSTOMER may choose the desired modality.

a. PICK UP IN STORE

If the CUSTOMER selects the store pick-up method, he will be notified of the availability of the order to the email or telephone number indicated at the time of purchase. From this moment on, the CLIENT will be able to pick up his order at the store.

For store pickup it will be necessary to present the order payment confirmation email.

b. HOME DELIVERY METHOD

Delivery will be made at the CUSTOMER's address on weekdays (Monday to Friday).

The delivery time may vary depending on the volume of the order and urgency (production time + shipping time), depending on the availability of the products and according to the indicative terms indicated in the previous table. Orders will be shipped using a courier service.

For those products that are not in stock, regardless of what is indicated in the file, the CLIENT will be provided by email with the approximate delivery time and will be kept informed of any variation that may arise from said term.

In the case of URGENT orders, in the event that an order urgently needs to be delivered on a specific date, the CLIENT must contact CUSTOMOON to confirm the delivery times. Otherwise, CUSTOMOON is not responsible for possible delays by the carrier, a failed delivery due to absence at the time of delivery or a stock break. If CUSTOMOON has not previously guaranteed the delivery of the urgent order, the CLIENT will not be able to have the option of return or cancellation.

These terms are approximate and in no case binding for CUSTOMOON, since they will depend on the characteristics of the product and the order.

It is recommended that the CUSTOMER communicate their time preferences for delivery when filling in the order details.

The delivery of the order will be made by the carrier together with a delivery note at the address indicated in the order form that the customer will have to sign as a receipt document. Likewise, the CLIENT will be duly informed in the event that an incident occurs or the delivery is delayed for any reason and will be able to consult it through our email.

If delivery to the indicated address is not possible due to the absence of the recipient, the carrier will contact the CUSTOMER directly to arrange a new delivery. In the event that the impossibility of delivery is caused by having entered an erroneous address, the cost of resending the order will be borne by the CUSTOMER. Likewise, if delivery is not possible, the CUSTOMER may be notified to pick up the purchase purchased directly in the store.

CUSTOMOON is not responsible for delays in the delivery of purchased products due to causes attributable to the carrier.

In order to be informed at all times of the management of your purchase, the CUSTOMER can check the status of your order by sending an email to the address cm @customoon.com ; through our website by accessing your customer account; or directly through the tracking link provided by the transport company, if applicable.

In order that you are informed at all times of the management of your purchase, you will receive an email confirming your order and payment.

4. Payment and payment periods

The following forms of payment are accepted:

• Credit Card: The transaction is made by connecting directly with the bank CAIXABANK through its payment gateway.
• PayPal: Connecting directly with Paypal.
• Bank transfer: making a deposit of the total amount of the purchase in the checking account indicated.
• Bank direct debit: providing us with your current account number according to the instructions on the website and accepting the direct debit of the receipt.
• Bizum: The transaction is carried out directly in the application of each bank.

Once the payment is made, you will receive an email confirmation of the payment.

CUSTOMOON is not aware of the data referring to your credit card and will only keep the CLIENT's bank details for the purpose of making the direct debit of the payment. All our payment systems are completely secure.

Payments are prior to the delivery of the product or provision of the service, so CUSTOMOON will not provide the requested product until payment has been received. CUSTOMOON reserves the right to temporarily or permanently cancel orders, in the event of any incident regarding their collection.

The following forms of payment are not accepted:

• Cash: Instead we recommend making a deposit on account.

5. Invoices

The CLIENT will be able to download the Invoice of his purchase in PDF format from the orders section of the web once it has been Delivered and the status of the order has been changed to Invoiced strong>.

The CLIENT is responsible for confirming the receipt of notifications and informing us of any changes to their data, leaving CUSTOMOON exonerated from any liability arising from this circumstance.

6. Warranty

Products: All our products are subject to quality controls and are guaranteed against manufacturing defects for a period of 3 years from the date of purchase. The guarantee covers any manufacturing, design or material defect, although it will be necessary for the lack of conformity to be revealed within a period of two months from when it became known. The warranty covers only defective products. It does not cover blows, improper use, or others that are not attributable to a defect in the supplier or a defect in the product. During the warranty period, the CUSTOMER may return the product and we will proceed to repair or replace it. Transportation costs generated by returns under warranty will NOT be paid by the CUSTOMER.

The guarantee document is the purchase invoice.

Services: At CUSTOMOON we strive to provide services of the highest quality, although, given their nature, we cannot offer a guarantee of satisfaction. In the event that, for any reason, you do not receive the product or service correctly, you must notify us as soon as possible by writing to cm@customoon.com indicating the incident. that we will try, if the error is verified, we will correct it as soon as possible.

7. Returns and cancellations.

IMPORTANT: The conditions for returning our products do not apply in the case of exercising the right of withdrawal (explained in section 8).

Cancellations:

The buyer may cancel his order at any time as long as the order is not in the process of Preparation in progress and in the event that he has already made the payment, the amount will be refunded through the same payment method that the buyer has made.

To cancel an order send an email to cm@customoon.com requesting the cancellation of your order and providing the order number, if possible . This e-mail must be sent from the same e-mail address with which the user has registered on our website.

Please note that CUSTOMOON will often process orders shortly after the input and design have been received, so if your order is already in "Preparation in progress" and you still want cancel it, it will be established for returns.

Refunds:

Returns or exchanges of products will only be accepted in the event of a manufacturing defect, damage during transport or delivery errors.

In any case, no more than fifteen (15) days must have elapsed from the receipt of the product and the packaging and accessories must be included. In case of not being able to include all the accessories or original packaging, the CLIENT will be responsible for the decrease in value of the goods resulting from a handling different from that necessary to establish the nature, characteristics and operation of the goods.

It will be verified prior to acceptance that it is a defect or anomaly in manufacturing or packaging and not improper or negligent use, handling or storage.

They will always be accompanied by the corresponding delivery note or invoice.

Both in the case of a return due to a manufacturing or packaging defect or in the case of an error in the order, the CLIENT will be offered, if possible, the repair or its replacement by another alternative without additional cost and without right, on the part of of the CLIENT, to any type of compensation. The expenses generated by the shipment of the repaired or correct order will be borne by CUSTOMOON.

In any case, the return will always be subject to prior examination by CUSTOMOON of the state of the product being returned and verification that the requirements of these conditions of sale have been met. Once the return is received and if applicable, we will refund the amount collected within a maximum period of 30 days and in the same terms that were used to make the payment. As an alternative, the CUSTOMER may opt for a BONUS of the amount of the order (of the value of the products) for future orders.

CUSTOMOON reserves the right to reject returns communicated or sent after the deadline or products that are not in the same condition in which they were received.

Returns will be managed by sending an email to cm@customoon.comcarrying out a description of the reasons and the alleged causes for the return. Likewise, it will be necessary to indicate the name and surname and the reference number of the order.

Once the request is received, we will process it promptly and the CUSTOMER will be informed of the acceptance or rejection of the return request. In case of acceptance, the steps to follow to return the product will be indicated.

8. Right of Withdrawal

IMPORTANT: The right of withdrawal regulated in this section will only be applicable to this contract when the CLIENT acts as a CONSUMER AND USER (it will not apply if acting as a professional/entrepreneur).

Personalized products: In accordance with article 103 point c of Royal Legislative Decree 1/2007, of November 16, on the Defense of Consumers and Users, the right of withdrawal will not be applicable to contracts that refer to the supply of goods made according to the specifications of the consumer or clearly personalized.

Services: By paying the price, you expressly consent that the service object of this contract begins its provision within the legal withdrawal period (14 days) therefore, in accordance with article 103.a of Royal Legislative Decree 1 /2007, of November 16, of the Defense of Consumers and Users, when the service has been fully provided, you will lose your right to withdrawal and, when the service has been partially provided, in case of withdrawal, you must pay the proportional part.

Except in the cases mentioned above, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.

The withdrawal period will expire 14 calendar days from the day the contract is signed.

To exercise the right of withdrawal, you must notify us at JORDI CALVERES NAVINÉS Carrer Monturiol, 21, Baixos, 08291 Ripollet, email: cm@customoon.com< /a>, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can use the withdrawal form model that appears below, although its use is not mandatory.

Sample withdrawal form

For the attention of:

JORDI CALVERES NAVINÉS

Carrer Monturiol, 21, BAIXOS

08291 Ripollet

cm@customoon.com

I hereby notify you that I withdraw from my contract of sale of the following property:

Received/Ordered on:

Consumer name:

Consumer signature

Date

To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

Consequences of withdrawal:

In case of withdrawal on your part, we will refund all payments received from you, without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.

The CLIENT will bear the direct costs of returning the goods, so the cost of collection will be deducted from the refund, except in the case in which the reason is defective quality or shipping error on our part.

We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund.

If the service that is the object of this contract had started during the withdrawal period, in accordance with article 108.3 of Law 1/2007, we may withhold the proportional part corresponding to the service provided and, in the event that the service is has fully provided, in accordance with article 103.a of the aforementioned law, the right of withdrawal will not be applicable.

9. Perfection of the contract and modifications of the services

This contract will be perfected with the payment of the product.

CUSTOMOON reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and providing a benefit to the CLIENT.

10. Obligations of the parties

CUSTOMOON undertakes to provide the CLIENT with the products and services that have been contracted, applying the utmost diligence in the provision of the service, as well as taking care of the maintenance of the facilities necessary for the operation of the network, having a adequate technical and computer equipment, and to manage the logistics, shipping and delivery operations of the purchase made through the carrier.

The CLIENT agrees to use the services that are made available to him in good faith, without violating the laws in force in any matter or infringing the rights of third parties, as well as to pay for the selected product in the time and manner set forth in these conditions of sale and upon receipt at the place indicated for delivery.

CUSTOMOON does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Thus, the CLIENT agrees to bear these circumstances within reasonable limits, for which reason he expressly waives any claim to CUSTOMOON for any contractual or extra-contractual liability for possible failures, errors and use of the contracted service. p>

11. Communications

All notifications between the parties will preferably be made via email. The CUSTOMER is responsible for confirming the receipt of the notifications and for informing CUSTOMOON of any changes to their data, exonerating it from any liability arising from this circumstance. In case of modification, the CLIENT must inform CUSTOMOON at the e-mail or telephone numbers indicated on our website.

In compliance with article 21 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform you that our commercial shipments and information related to our website and the products offered on it, will be made through email to the email address you provide us, always revocable. In any case, you have the option to reject our commercial communications by sending an email to the address cm@customoon.com indicating the word BAJA in the subject line.

12. Commitment, acceptance and validity of the contract

The CLIENT acknowledges that he has understood all the information regarding the products and services, including, where appropriate, delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, by which affirms that they are sufficient for the exclusion of the error in the consent of this contract, and therefore, fully and expressly accepts them.

The CLIENT is fully aware that the acceptance and execution of this contract will take place by providing their data and pressing the "Buy" button indicated on our website and that it will be perfected with the payment of the service.< /p>

13. Applicable Regulations

This contract will be governed and interpreted in accordance with Spanish law.

In the event that any type of discrepancy or difference occurs between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties will submit to the courts or tribunals of the place of domicile of the CLIENT, provided that he acts as a consumer.

In the event that the consumer is domiciled outside of Spain, or if the management consists of a sale carried out by a company, both parties will submit to the courts and tribunals of the city of Barcelona (Spain), expressly waiving to any other jurisdiction that may correspond to them.

In addition, we make available to our clients the following access link to the official online dispute resolution platform of the European Commission:

https://ec.europa.eu/consumers /odr/main/index.cfm?event=main.home2.show&lng=ES

14. Personal data

The contracting process requires you to fill in personal data forms in order to process and manage orders and, if you authorize it, to send you commercial information about our products and services. The provision of such personal data requires the prior approval of our Privacy Policy.

Attention: These General Purchase Conditions have been updated on 07/14/2023. At any time we can proceed to modify it, as well as vary the list of prices and products offered. Please, check the issue date each time you connect to our Web page and thus you will be sure that there has not been any change that affects you.