General purchase conditions

1. General

The terms and conditions encompassed below have been drafted by IAN MOSH S.L. to facilitate the users of the www.ianmosh.com website, on a permanent, easy and free manner, clear, understandable and true information on the conditions that govern the sale of our products through our website. These conditions will remain available to all users in the “Terms and conditions” section where these can be read or printed out if so desired.
To make purchases through our website, it is required that the user must read and expressly accept the checkbox provided for the purpose of these General Purchase Conditions on registering himself or when making a purchase as a guest, so that the buying or the order process cannot be completed without his/her prior acceptance.

2. Responsible party for contractual offers

The users are hereby informed that the responsible party for the offers made on the website of www.ianmosh.com is:
Company name: IAN MOSH S.L.
NIF: B95393328
Address: Peruri 33 48940 Artatza Leioa (Vizcaya-Spain).
Email: shoponline@ianmosh.com
IAN MOSH S.L. is inscribed in the mercantile registry of Vizcaya, Volume 4.615, Folio 142, Sheet BI-43.988.

3. How to buy?

Only those older than 18 years of age or emancipated minors in accordance with the requirements set out in the Civil Law Code may make purchases on our website. According to this, the user states that he/she is older than 18 years of age or is otherwise and emancipated minor and that he/she therefore has the required legal capacity for contracting in a manner that he/she is entitled to make purchases on his/her own account through our website. If a minor were to want to purchase any article he/she must do this through his/her parents or legal representatives or at least have their approval. Under no circumstances shall IAN MOSH assume any liability for any purchases as may be made by minors breaching the demands of this paragraph.

It will be necessary to fill out a form with the user’s personal data, which will allow him/her to modify his/her data in order to keep them up to date, manage his/her purchases, perform a follow up on the deliveries and enjoy promotions and special offers. Before completing the registration process the user must necessarily accept these usage conditions so that otherwise the process will not have been completed and that therefore he/she will not be conferred the condition of a registered user together with the ensuing benefits. Once the registration process has been completed one may access the private area whenever desired by entering the user’s name and the personal password.

The purchase process is very simple as the merely needs to select the product(s) he/she wants to buy, the number of articles and add them to the “Shopping cart”. On selecting each product, detailed information on it will be displayed:

features of the product, price, the related taxes included therein, shipping costs If the client has a promotion code or an on-line voucher he/she will be entitled to take advantage of the pursuant applicable conditions and discounts shown on it, and must submit it at that time.

To complete the purchase the client must press the “Place order” button. If the user has previously been registered he/she must identify his/herself and authenticate themselves using their user handle (email address) and password.

Afterwards the user must verify his/her data in case he/she were to wish to indicate different delivery and invoicing addresses, review the order and finally to press on “Pay” in order to pay for the purchase using a credit or debit card (VISA, MasterCard and Maestro) or PayPal. Any expense arising from the selected means of payment will be at the sole expense of the buyer.

All payments will be made using the secure payments system of the financial entity, which encrypts card data. With the aim of attaining the utmost security in the payment system, IAN MOSH uses secure payment systems of first class financial entities in electronic trading. In this sense, the confidential payment data are transmitted directly and in encrypted format (SSL) to the related financial institution. For payment using Visa and MasterCard cards, IAN MOSH has introduced the SEC (Secure Electronic Trading) service with the 3D Secure international protocol that is distinguished with the Verified by Visa and MasterCard SecureCode emblems. Secure Electronic Trading is an initiative that has the basic principle of ensuring the security of transactions through the internet. After having made the payment through the secure payments system, the system will automatically verify that the card has been activated for Secure Electronic Trading. Next, a connection will be made to its issuing bank, which will request it to authorise the transaction by means of a personal authentication code. The transaction will only be made if the bank that issues the credit card confirms the authentication code. Otherwise the transaction will be rejected.

As a complementary measure to the “Secure payment” system and with the aim of working towards the prevention of fraud through the internet, IAN MOSH reserves itself the right to verify the personal data furnished by the client and adopt the measures it deems appropriate (including cancellation of the order) so that the acquired merchandise is delivered in accordance with the information on the order.

Once the payment has been validated a sales contract is established between the user and IAN MOSH with these conditions. Purchases may be formalised in Spanish, English and French.

Once the purchase process has been completed it will be confirmed with the “Order receipt” email sent to the buyer, which will also contain a description of the product with its features, price, taxes and shipping costs as well as the delivery time in accordance with the terms described in section 5 of these General Conditions.

The non-receipt of this message may be due to some temporary communications problem on the network or to an error in the email address used. In both cases it is recommended contact us using our email address at shoponline@ianmosh.com.

Subsequently, after having performed the pertinent verifications you will be sent a “Shipping confirmation” email or otherwise its refusal in the event that there is no stock of any of the articles included in the order.

In the “My account” section the user can see the supporting documentation for each purchase made.

For any doubt the user may refer to the “FAQs” section or send us an email to shoponline@ianmosh.com

4.- Geographical area of the offers

Albania, Andorra, Austria, Belgium, Bosnia, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Holland, Hungary, Iceland, Ireland, Isle of Man, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain (mainland, Balearic islands, Canary islands, Ceuta and Melilla), Sweden, Switzerland, Turkey, United Kingdom.

5. Availability of articles and shipping of the product

The articles offered on the website of www.ianmosh.com are subject to the limits of stocks. In the event that IAN MOSH is unable to supply the product purchased by the user as it is not available, we will inform the user of this lack of availability before the purchase is completed, on the data sheet of the product itself and in any event by email once we have received the purchase request. If the user were not informed of it and he/she has purchased a product that we do not have available, he/she will be refunded the amount paid as soon as possible and in any event within a maximum of 30 days.

In any event the user may place a new order with different products in accordance with those in stock at any given time.
We will prepare the order once the payment has been sent and confirmed.

If the customer pays through PAYPAL the order will be processed once PAYPAL certifies that the payment has been completed.

The products purchased by the users through the www.ianmosh.com website will be shipped using a courier company always being delivered to the address indicated by the user. IAN MOSH shall not be liable for any delays or lacks of product delivery due to errors by the purchaser at the time of furnishing the shipping address or if it were incomplete.
The products will be delivered according to the opening hours of the courier company, so that if the user were absent from the address at the time of delivery, he/she must contact the said company to arrange a new date and time for delivery. IAN MOSH shall not be liable for any delays that may occur due to the absence of the user at the time delivery was attempted. Therefore, in order to prevent this type of problems we recommend that users furnish a delivery address where they will be available to take delivery of the product.
Purchases made through our website shall be delivered to clients within a maximum of thirteen (13) working days, excluding weekends and national holidays, as from when the order leaves our warehouses and delivery time may vary depending on the destination point.

The order may be delivered at any time between 8 am and 8 pm from Monday to Friday (except for holidays) and the signing of an acknowledgement of receipt or the bill of lading will be required.

In order to facilitate the tracking of the delivery by the user, once the order has left the warehouses of IAN MOSH, he/she will be sent a “Shipping confirmation” email. Similarly, users may track the status of their order using the “My account” section.

For security reasons IAN MOSH will not ship orders to PO boxes or accept any order when it impossible to identify the order’s addressee and address.
The title to the IAN MOSH articles will pass on to the client at the time delivery is made.

When the user receives the article he/she bought using the www.ianmosh.com website he/she must verify that it corresponds to what was ordered, that it is in perfect condition and that it was not damaged during shipping.

If the product received does not correspond with what the user ordered, he/she must inform IAN MOSH of this using the channels described in these conditions (next paragraph). The product erroneously received will be picked up and the one ordered will be shipped, for all of which the user shall receive no charge.

In the event that any incident of this kind is detected, the client must make this known to IAN MOSH within a maximum of 24 hours after having received the article by sending an email to shoponline@ianmosh.com, including his/her personal information, the order number and a description of the incident or problem with the article(s) received. IAN MOSH will contact the client as soon as possible in order to solve the incident.

Any costs derived from the lack of notification of the incident in the mentioned formats and time frames, shall be at the user’s expense.
Furthermore, the client commits him/herself to notify IAN MOSH of cases of the lack of receipt of orders once thirteen (13) working days have elapsed since the order shipment notification was sent, doing this using the shoponline@ianmosh.com email address.

However, in the event that the article received were faulty or has some flaw, the client must contact IAN MOSH within a maximum of 24 hours as from receipt of the article by sending an email to shoponline@ianmosh.com and he/she will be informed of the procedures to be followed to resolve the incident. Once the return has been received by IAN MOSH, it will carefully examine the returned article and the client will be notified by email within a maximum of ten (10) working days, as to whether the return is pertinent or otherwise and whether it should be replaced (if applicable). If affirmative, the return or replacement of the article will be done as soon as possible and in any event within thirty (30) calendar days after the date on which an email was sent to him/her confirming that the return or replacement of the non-compliant article is appropriate, in which case IAN MOSH shall bear the transport costs of the return and of the replacement article.

6. Prices, taxes and expenses

The price of the articles is that stated on the website at any time, unless there is a typing or an obvious error. Despite IAN MOSH striving to prevent any pricing errors on its web page, in the event that these were to occur in the price of the articles ordered by the client, IAN MOSH shall inform him/her as soon as possible and give him/her the option of reconfirming the order at the right price or otherwise cancelling it. If IAN MOSH were unable to contact the client, the order will be considered cancelled and any amounts paid will be fully refunded, without the right to any indemnity whatsoever.

The prices of the products offered through our website are solely expressed in Euros. The final amount to be paid by the user will be shown on the data sheet of each product and will always include the Value Added Tax (VAT) applicable at the time and any other related taxes.

The prices do not include shipping costs, the amount of which, if applicable, must be added to the amount of each product and which in any event will be shown on the purchase summary, on the order review screen, before making payment.

IAN MOSH reserves the right to amend at any time and without prior notice the products offered on this website as well as their sales prices, shipping costs and other conditions or promotions.

7.- Discount codes

The promotional codes may be used in accordance with the terms and conditions published for each promotion and that shall be applicable to a single discount on the purchase of a unique article or to a discount on an order within the period indicated by the promotional code.
The promotional codes can only be used on the www.ianmosh.com website.

8.- Descriptions and images of the articles solely for information purposes

In accordance with that provided for in article 116 of Royal Decree 1/2007, the users are informed that the photographs of the offered products are solely for illustrative and guidance purposes and may differ from the original. The article descriptions and images offered through the website of www.ianmosh.com are not of a binding contractual nature and are solely for informative purposes, so that IAN MOSH shall not accept any manner of liability due to possible errors in these.

9.- Return of products

In accordance with that provided for in the previous section, the user will have a period of fifteen (15) days as from receipt to return the order, the starting date for the purpose being the date consigned on the bill of lading.

In the event that the user returns the article received, this must be done in its original packaging, without it having been used, together, where appropriate, with its accessories and labels and it must be in perfect condition. Otherwise, these cannot be changed or returned. If the client desires a change of size, colour or alternative articles, he/she will have to return the article and place a new order.

To make a change or a return the client will have to follow the following procedure:

1. The customer will have to fill in the returns form that he/she will find inside the envelope or the box that he/she has received.
If the customer has lost the form he/she can enter the returns section in his/her account and download this document.
The customer will always have to indicate the order number in the upper left corner of the form.
The form must be returned inside the parcel at the moment of returning the articles.
If the customer wants to make an exchange, he/she will have to place a new order.

2. Articles can be returned within the first 15 days from the receipt of the parcel. The customer will have to make sure that the items get to our warehouse within this period to proceed to refund the money.

3. Items must be returned in the same condition as received, which includes:
a) Any accessory related to them, without being used, washed or harmed.
b) Their original labels
c) Their full packaging
d) The returns form specifying the reference returned and its order number.

4. Send returns to:

IAN MOSH SL
Poligono Errotatxu, 6C, amarillo
48993, Getxo, Vizcaya, Spain

5. It is very important to indicate the order number when sending a return. We will be unable to refund the customer without this information.
Important notice: The customer will be responsible for the products until they arrive at our warehouse. We recommend to send them through a carrier that offers insurance for the value of the items sent or by certified post and to keep the proof of delivery.

The customer will always pay for the delivery costs except in the case that the article was defective. In this case, the returns will be free and the customer will have to contact IAN MOSH to arrange the pickup of the product.

10.- Events beyond our control

IAN MOSH shall not be held liable for any breach or delay in the performance of any of the obligations it assumes under this contract, the cause of which are due to events beyond its control (“Force Majeure causes”).

The force majeure causes include any act, event, lack of exercising, omission or accident beyond a reasonable degree of control and shall specially include (without limitation) the following:

– Labour strikes, lockouts, riots, invasion or terrorist attacks.

– Fire, explosion, storm, flooding, earthquake damage, sink holes, epidemics or any other natural disaster.

– The impossibility of using trains, ships, aircraft, motorised means of transport or other means of public or private transport.

– The impossibility of using public or private telecommunications systems.

– Acts, decrees, legislation, regulations or restrictions of other Governments.

11.- Suggestions, complaints and claims

The users of the www.ianmosh.com website can send us suggestions, complaints and claims through the website itself, by sending an email to shoponline@ianmosh.com of by ordinary mail to IAN MOSH, Poligono Errotatxu, 6C, 48993, Getxo, Vizcaya, Spain.

12.- Legal warning, privacy and data protection policy

IAN MOSH informs the users that the acceptance of these General Purchase Conditions similarly implies the acceptance of the conditions described in the legal warning and the privacy policy shown at the bottom of each page in our website.

Notwithstanding and in compliance with that provided for in Organic Law 15/1999, of December 13, on the Protection of Data of a Personal Nature and by Law 34/2002, of July 11, on Services of the Information Society and eBusiness, the user is informed that by making purchases through our website he/she declares to have been informed and gives his/her consent to his/her personal data being included in the file called “Clients” and if applicable “Newsletter”, as pertinent after prior notification to the Spanish Data Protection Agency, for which IAN MOSH S.L. is responsible and that these will be used for the appropriate maintenance, development, compliance and control of the contractual relationship with the client, for the management and delivery of the order of the purchase made and of the services ordered, as well as for sending him/her by email or other equivalent electronic communications means (sms, mms, fax, etc.) commercial information on the news, offers, promotions, discounts and new products all referring to the textiles and complements business sector.

The user may express his/her refusal to sending the information cited in the previous paragraph by sending us an email to shoponline@ianmosh.com.

Similarly, in the event that the user were to share this information or other contents of the www.ianmosh.com website with another person, he/she assumes the obligation of informing the latter on the treatment of their personal information (their name and email address) only for sending the information that the user is sharing, he/she therefore being responsible for the delivery, keeping IAN MOSH S.L. free of liability for any consequences that may arise from this.

The user declares that he/she is 18 or older or an emancipated minor and has the legal capacity required to contract on his/her own account purchases through our website and therefore that he/she gives consent for the treatment of their personal data. If a minor were to want to purchase any product or service, he/she must do so through his/her parents or legal guardian, or must at least have their authorisation. Under no circumstances shall IAN MOSH assume any liability for any purchases as may be made by minors breaching the demands of this paragraph.

The company’s files, premises and treatment systems have the required technical and organisational security measures as called for by article 9 of the LOPDFDD – RGPD and Title VIII of the RLOPDFDD – RGPD in order to ensure the security of the data of a personal nature and prevent its alteration, loss, treatment or unauthorised access.

Similarly, we inform you that you may exercise your rights to the access, rectification, cancellation and challenging expressly recognised by the LOPDFDD – RGPD by means of a written signed request addressed to IAN MOSH, Polígono Errotatxu, 6C, 48993, Getxo, Vizcaya, Spain or by sending an email to shoponline@ianmosh.com, in any event attaching a photocopy of your Spanish National ID Number indicating as Ref. ARCO Request. In the event of modification of your data you must notify this to the same address, all liability being waived for IAN MOSH if this were not done.