The present Particular Conditions of the Purchase Contract apply to the online sales made through the website https://www.mosquitostudio.es (hereinafter, WEBSITE) whose ownership corresponds to Mosquito Studio S.L.
The use by the customer of the services offered on the WEBSITE presupposes, in any case, the acceptance of these Special Conditions of the Contract of Purchase online, in the version published by Mosquito Studio, at the time of the purchase order. Therefore, it is advisable that the customer reads these Special Conditions before proceeding to make a purchase, as well as the general terms and conditions of use of the portal.
1. Object of the contract
These special online purchase conditions apply to the purchase of any product on the WEBSITE by customers whose delivery address is in Spain and abroad.
The prices of each of the jewellery and accessories are indicated on the website on the date the order is placed. The prices are detailed in each article including taxes and fees. The amount of shipping costs and any other service is also specified and will be indicated to the customer in detail at the time of placing the order.
The purchase service through the WEBSITE regulated in these Special Conditions only allows the purchase of products and services to customers over 18 years of age.
Mosquito reserves the right to cancel a customer’s access account if fraudulent, speculative or bad faith acts are detected in the use of this service.
Mosquito will modify and update, if deemed appropriate, articles and prices in accordance with the company’s commercial criteria, although the changes will not affect the products that have been accepted.
All product orders are subject to product availability and, in this sense, if there are difficulties in supply, or if there are no items in stock, we will proceed to cancel the order and refund any amount that the customer may have paid or reach an agreement on the delivery time with the customer.
2. Recruitment procedure
To place an order, the customer must follow the online purchase procedure and click on “Place Order”. After this, he will receive an e-mail acknowledging receipt of his order (Order Confirmation). Please note that this does not mean that your order has been accepted, as the order is merely an offer to Mosquito to purchase one or more products. All orders are subject to acceptance by Mosquito who will confirm such acceptance by sending an email stating that the product is being shipped (Shipping Confirmation). The contract for the purchase of a product between Mosquito and the customer (Contract) will only be concluded when the customer is sent the Shipping Confirmation with the corresponding order information.
The Contract shall only cover those products listed in the Dispatch Confirmation. Mosquito shall not be obliged to supply any other products that may have been ordered by the customer until the shipment of such products has been confirmed in a separate Shipping Confirmation.
3. Obligations of the parties
The price of the products will be the price stipulated at all times on the WEBSITE, except in the event of a manifest error. Although Mosquito tries to ensure that all prices on the WEBSITE are correct, errors may occur. If Mosquito discovers an error in the price of the products ordered by the customer, Mosquito will, after informing the customer as soon as possible, proceed to cancel the order. If Mosquito is unable to contact the customer, the order will be considered cancelled and any amounts paid will be refunded in full.
Mosquito is not obliged to supply products (even if the Dispatch Confirmation has been sent) if the pricing error is obvious and unambiguous and could have been reasonably recognised by the customer as an incorrect price.
The prices of Mosquito products may vary, but (except as set out above) any changes will not affect orders in respect of which a Dispatch Confirmation has already been sent.
Given the particularities of online shopping, the price of the products indicated on the WEBSITE refers solely and exclusively to purchases made on the WEBSITE, and does not necessarily coincide with the retail price in Mosquito shops. In accordance with the above, the price indicated on the WEBSITE is only binding for online purchases.
The prices on the WEBSITE exclude shipping costs, which will be added to the total amount due and will be indicated to the customer in an itemised manner.
Once the customer has made his purchases, all the items he wishes to buy will have been added to his bag and the next step will be to process the order and make the payment. To do this the customer will follow 6 steps:
- Click on “My Bag” or “My Cart” at the top of the page to add the products you wish to purchase.
- Then click on “Buy”.
- You will fill in and check the contact information, your order details, the complete address to which you want the order to be sent.
- Choose the payment method you wish to use to make the purchase (credit card (VISA, MasterCard, American Express), Paypal, bank transfer (Small Affaire – ES11 3183 2800 1210 0645 2922 – Ref. Order number).
- Accept the “Terms and Conditions
- Confirm the purchase by clicking on “Place order”.
The customer will be able to make the payment with Visa, Paypal cards. To minimise the risk of unauthorised access, you will be redirected to the virtual payment gateway/Paypal screen which will authorise the payment of the order. By clicking on “Authorise Payment” the customer is confirming that the credit card is theirs.
Credit cards will be subject to checks and authorisations by the credit card issuer; if the credit card issuer does not authorise payment, Mosquito cannot be held responsible for any delay or non-delivery and, ultimately, for not proceeding to formalise the sales contract with the customer.
We currently ship all over Europe. It takes 1 to 2 working days to process your order. We start manufacturing the products after we have received the order, this way we avoid overproduction and unnecessary stocks. We ship every Tuesday. In this way, all orders for the week will be shipped out on the same day. Orders placed on Tuesday will be shipped the following Tuesday. Orders placed on Monday before 00:00 will be shipped the following day.
Shipping costs are calculated during checkout; depending on the weight, dimensions and destination of the items in the order. The shipping cost will be charged with the purchase. This price will be the final price for shipping cost to the customer. The estimated times are: Spain 4-5 working days. France 2-3 working days. Rest of Europe 6-7 working days.
You will be able to check the status of your shipment at any time in our virtual tracking.
The problems of the agency at the time of delivery at the customer’s address are beyond the control of Mosquito.
These delivery times can be extended up to 45 days for any of the following reasons:
- Unforeseen circumstances not attributable to Small Affaire.
- Product out of stock.
If for any reason the delivery of the order is delayed for several days, we will inform you of this circumstance through our virtual tracking. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the product(s) to have been delivered at the time of signing for receipt of the same at the agreed delivery address.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered, either physically (on paper) or by telephone (call or message).
The User is informed that in the event that he/she detects that an error has occurred when entering the necessary data to process his/her purchase request on the Website, he/she may modify them by contacting Mosquito through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service.
In any case, the User, before clicking on “FINISH PURCHASE”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
The customer has the right to withdraw from the contract within SEVEN (7) calendar days of delivery of the order.
The User acknowledges that there are exceptions to the right of withdrawal. By way of example, and not exhaustively, this would be the case of: used products, personalised or custom-made products; products without their packaging as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used or products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. To this end, we carefully check each order both in the workshop and in the logistics centre before packing it.
Likewise, the products must be returned using or including all their original packaging, the completed return form and any other documents that may accompany them.
Once the withdrawal has been formalised and the item has been returned with its original packaging and brand seal in perfect condition, the amount will be refunded as soon as possible, and in any case, within SEVEN calendar days after Mosquito has been informed of the customer’s withdrawal and has received the product. All payments received will be refunded, except for delivery costs. The means used for the return will be the same as the one used for the payment.
You can return items up to 7 days after delivery. To be eligible for a return, your item must be unused, in perfect condition and in the same condition in which you received it. It must also be in its original packaging. To complete the return, we require a receipt or proof of purchase. To return the product, please send us an email. We are not responsible for any loss or cost of return. Please allow 7 working days for a refund. Products made to order cannot be returned and therefore cannot be refunded. To complete your return, please send us an email and we will send you the address to which you should send your order. Items will only be replaced if they are faulty or damaged. If you wish to exchange your item, please send us an email.
In order to formalise the cancellation, the customer must notify Small Affaire S.L. of their decision through the return form and must notify us by e-mail of the cancellation of the contract with the subject: “Return + order reference number” sent to firstname.lastname@example.org also indicating:
– Order reference
– Complete pick-up address (Name, street and floor, city and postcode)
– Item/s to be returned (model and size)
– Contact telephone number for the carrier
Once the return has been accepted, we will send a courier to collect your return at the address of your choice. We recommend that you keep the courier’s receipt as proof of your return. Collection is only valid within the Andorran territory, Spanish peninsular, excluding: Balearic Islands, Canary Islands, Ceuta, Melilla and international shipments, which will be responsible for sending the items to the address we provide.
In the event that the item or package is not in perfect condition, the customer will be notified by Mosquito and no refund will be made and the company will not be responsible for the cost of the new shipment to the customer.
Once the cancellation has been formalised, the amount of the product will be refunded. Remember that the period in which you will see the refund reflected in your account will depend on your bank.
Once the product has been refunded, you will receive an automatic email from the system notifying you. If you do not receive it, please check your “SPAM” or “Junk mail” folder.
5. Existence of guarantee
Mosquito offers its customers products and services of the highest quality.
The silver used for the manufacture of the pieces is sterling silver of 925 thousandths with 18k gold plating and 2 microns.
Mosquito buys the gems and pearls directly from places that offer traceability. This ensures that the products are sourced from areas outside of conflict zones and have less impact on the ecosystem.
Given the special characteristics of the products marketed by Mosquito on its website, there are slight differences between each product or service purchased, mainly due to the uniqueness and exclusivity of each and every one of the materials and stones used in their manufacture, which is also largely handmade. Therefore, no two Mosquito products or services are exactly the same and, in any case, it is inevitable that the product delivered to the customer differs slightly from the one shown in the photographs included in the purchase process on the website (even if it is the same one). In no case shall these differences imply the delivery of products or services with a poorer quality of materials than those expressly mentioned on the portal or website. Likewise, the customer is informed and is aware that the size of the photographs contained in the portal does not correspond to the actual size of the products offered.
Therefore, the customer is expressly informed and aware of these circumstances and differences, without these being grounds for termination of the Contract.
The warranty for any damage caused by improper use is excluded, as well as, in general, all those excluded by the European Union legislation in force.
All precious stones and gems in our jewellery shop are completely natural and taken from the earth. At Mosquito we do not sell synthetic stones or those created artificially in laboratories.
6.Intellectual and industrial property
All content (including graphic design, source code, logos, text, graphics, illustrations, photographs, trade names, trademarks or distinctive signs and any other elements that appear on the WEBSITE), unless expressly stated otherwise, are the exclusive property of Mosquito or third parties.
No intellectual or industrial property rights over the WEBSITE or any of its constituent elements are transferred to the client, and the reproduction, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them is expressly prohibited, except in cases where it is legally permitted or authorised by the owner of the corresponding rights.
The client may view and obtain a temporary private copy of the contents for their exclusive personal, private and non-collective use on their computer systems (software and hardware), provided that this is not for the purpose of developing collective activities or of a commercial or professional nature. The client must abstain from obtaining, or attempting to obtain, the contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the WEBSITE). The Customer must at all times respect all intellectual and industrial property rights over the WEBSITE, whether owned by Small Affaire or by third parties.
In any case, Small Affaire reserves the right to modify, at any time and without prior notice, the presentation and configuration of the WEBSITE, as well as these Specific Terms and Conditions.
7. Availability of the Online Purchase Service
The Service shall be permanently available twenty-four hours a day, twenty-four hours a day. Mosquito informs the buyer that there may be anomalies or interruptions in the availability or operation of the Service due to causes not attributable to Mosquito (technical problems of Internet providers, telecommunications, problems in the buyer’s terminal, etc.), so that the time to make the purchase may be extended.
8. International online sales conditions
The same conditions of sale apply as in Andorra, except for exchanges and returns.
International returns and exchanges: In order for us to make a return you must send us the order by contacting us beforehand by email email@example.com.
As soon as your package arrives at our warehouse, we will proceed with the product exchange or refund (in the case of product exchange prior payment of the new shipment in concept of shipping costs).
*Please note that the item will remain your responsibility until it arrives at our warehouse.
9. Conditions of sale for custom-made or personalised products
The same conditions of sale shall apply as for products purchased through the website except:
The User acknowledges knowing that in custom-made, personalised or engraved products, there is no right of withdrawal. In any case, no refund, either total or partial, will be made.
Likewise, the product will be manufactured according to the quality standards required by Mosquito and agreed in the purchase contract, being the customer informed that there is a +-5% tolerance in the product due to the handmade and unique manufacture of the product.
Therefore, the customer is expressly informed and aware of these circumstances and differences, without them being grounds for termination of the contract or claim.
Mosquito reserves the right to modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by other duly published conditions.