General Terms
1. General provisions
This General Terms and conditions (hereinafter „General Terms“) describe the terms on which MOOREA SWIMWEAR d.o.o., a company incorporated under the law of Croatia, with registered office at Trgovačka ulica 1A, 52470 Umag, Croatia, registered with Commercial Court under the registration number 130157535, OIB: HR74411184709, with VAT number HR74411184709 (hereinafter “the Company”), sells, and a End Consumer purchases (hereinafter “the Buyer”), Products selected and ordered through the website www.mooreaswim.com (hereinafter “the Website”), in accordance with this General Terms.
On any Contract between the Company and the Buyer through the Website,these General Terms will apply. The General Terms are only available to Consumers as Buyers, meaning natual persons acting for purposes of personal consuption.
The Buyer declares and warrants that the purchase of Products on the Website is not made in the course of professional activities and that the Products are intended solely for personal use as a consumer. The Company reserves the right, at its sole discretion, to deem null and void any orders that do not qualify as retail sales or that appear fraudulent.
This Contract, available on the Website, must be carefully reviewed by the Buyer before completing the purchase process. The Buyer declares to have full legal capacity to enter into this Contract and purchase Products on the Website. The Company is not obliged to verify the legal capacity of visitors or Buyers of the Website. Should an order be placed by a person lacking the necessary legal capacity (e.g., a minor), the Company may refuse to accept it, without prejudice to the liability of the Buyer’s parents or legal guardians for the order and its payment.
The Buyer will be asked to agree to these General Terms before placing an order.
The Company reserves the right to amend or update any parto f these General Terms, without previous notice. Any ammendments or updates will be applied to any future order.
2. Product information and availability
Relevant prices and informations about our producrs are available on the Website.
The products’ images on the Website are for illustrative purposes only. We have made every effort to diplay the products accuratela, but the Company can not gurantee that a device’s display accurately reflects the products. Specifically, the products visible on your display may differ in terms of color, fabric, shade, grain, and texture from those on the actual product.
The Company may change or discontinue a specific product or any of its features, at any time, without a prior notice.
Products are available while published on the Website and subject to stock availability. The Company ensures the processing and fulfillment of orders as quickly as possible, subject to stock availability and workload.
In case of total or partial unavailability of a Product after the order is placed, the Buyer will be promptly informed through the most appropriate channels chosen by the Company. In the event of:
- Total order cancellation: The Buyer will be informed, and the Company will refund the full amount paid.
- Partial order cancellation: The order will be partially confirmed, with charges only for available Products, and the Buyer will be informed of the partial cancellation. Available Products will be delivered.
3. Prices
Product prices are listed on the website in euros, and depending on the country or region of delivery, they may or may not include all applicable taxes and charges. Prices include VAT. Shipping costs are not included in the prices, and you will be informed of them during checkout process, before you confirm your order. Local taxes and custom duties are not included in the amoun displayed on the website.
The prices of Products offered on the Website apply exclusively to distance sales and may differ from retail prices or average market prices. Shipping costs and any additional charges will be indicated during the purchase process before the order is submitted.
The Company reserves the right to modify Product prices, shipping costs, and additional charges at any time without notice, but such changes will not apply to products for which you have recieved an order acceptance.
4. Subject and Formation of the Contract – placing an order
This Contract governs the distance sale, through telematic tools provided by the Company, of Products offered on the Website www.mooreaswim.com. It defines the rights and obligations of the Parties in relation to the sale of Products, applicable without limitation to all transactions carried out through the Website.
The Company reserves the right to amend this General Terms, as well as right and obligations of the Parties under the Contract at any time, without prior notice. However, orders confirmed prior to any amendments or updates of these General Terms will be governed by the General Terms in effect at the time of the order, including prices and promotions.
In order to purchase the products on the Website, the Buyer must follow the indicated procedure. Before submitting the order, the Buyer will be given the opportunity to review the selection, check the total price and correct any mistake.
The Buyer order constitutes an offer to purchase from the Company the selected product(s), under these General Terms. By making an order, the Buyer agrees to pay the price for the ordered products.
All orders submitted by the Buyer are subject to the Company’s acceptance. The Company will acknowledge the order via email („order confirmation“). The order confirmation does not mean that your order has been accepted. The Company reserves the right to not accept the order, in whole ori n a part, wihtout any liability (e.g. if the products are unavailable, if there is a mistake in the displayed price, reported or suspected illegal activities,…).
The contract between the Buyer and the Company shall be formed
The Contract is deemed formed upon the Company’s acceptance, that is when the Buyer receives an email notification by which the shipment of the order is confirmed („order acceptance“).
The order confirmation and order acceptance shall be sent to the email adress provided by the Buyer during the check-out procedure.
The Buyer undertakes to:
- Pay the price of the purchased Products and any additional costs (e.g. shipping fees) as specified in the Contract.
- Print and/or retain a copy of these General Terms and Conditions, which have been reviewed and accepted during the purchase process, as well as the specifications of the purchased Products.
- Provide accurate and truthful personal information during the registration and purchase process and existing delivery address . The use of false, fictitious, or third-party data is strictly prohibited.
- Promptly notify the Company about any lack of conformity in the Products, within 48h upon receival
5.Payment
Payments may only be made via credit card or PayPal, as indicated on the Website. By authorizing payment via credit card, the Buyer allows the Company to charge the total order amount, including taxes, shipping costs, and additional charges.
If the payment can not be processed for any reason, the Company will cancel the order and the Contract shall end immediately, without any liability of the Company.
The Company will issue an invoice or fiscal receipt for each order, attached to the shipment, based on the information provided by the Buyer. No changes to the data will be possible after the issuance of the fiscal document. The Buyer is responsible for verifying the accuracy of the provided data.
Any refunds will be processed using one of the methods proposed by the Company (e.g., payment reversal or purchase voucher) within 30 days of refund approval, including in cases of withdrawal.
Payments are processed through a secure, encrypted line. The Company ensures the confidentiality of payment information in compliance with applicable data protection regulations.
6. Shipping and Delivery
The company offers worlwide shipping via DHL.
Products will be shipped and delivered exclusively to the address specified by the Buyer in the order. Shipping will occur within 15 days from the day following the day the Company received the full payment of the purchased products, unless otherwise agreed by the Parties and unless the Buyer set a Pre-order. The Company is not liable for any delivery issues resulting from incomplete or incorrect address information provided by the Buyer.
Products are checked and delivered to the courier in perfect condition. The Company is not liable for damages not reported upon delivery. Any damages or anomalies must be noted on the courier’s delivery note (e.g., “damaged goods,” “accepted with reservation”) and immediately reported to info@mooreaswim.com and the relevant courier’s office.
The risk of loss, damage and / or destruction of the Products hall pas to the Buyer (or a person designated by the Buyer) takes physical possession of the purchased products.
Shipping costs are indicated on the order summary page on the Website.
7. Cancellation and Return Policy
Cancellations and returns are subject to our Cancellation and Return Policy.
8.Promotions and Special Offers
The company may provide you with promotions and special offers from time to time. The conditions and details of such promotions and special offers will be stated on the Website. Promotions and offers cann not be combined with any other promotion and/or offer.
The Company reserves the right to end such a promotion and/or special offer early without prior notice and without any kind of liability as well as refuse to allow a specific Buyer to partcipate in such a promotion or special offer if the there is good and objective reason to do so (for example, if the Company thinks the Buyer is acting fraudulently)
9. Applicable Law and Jurisdiction
These general terms and, therefore, the contract entered into with You, shall be governed by and will be interprete din accorance with the Laws in Croatia, subject to any mandatory provision of the law of the country of your place of residence that governs the field of consumer protection law. In the interest of resolving disputes between you and ViX in the most expedient and cost-effective manner, the Buyer and the Company agree that ALL disputes arising out of or related to these General Terms and/or the Buyer use of any of Moorea’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration, in fron of the Commercial Chamber of Commerce in Croatia.
Notwithstanding the paragraph above, nothing in these General Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (b) seek injunctive relief in a court of law; or (c) to file suit in a court of law to address an intellectual property infringement claim.
9. Contact Information
For further information and assistance, please contact us at: info@mooreaswim.com