GENERAL TERMS AND CONDITIONS OF IN-STORE SALE MESSIKA JOYERIA

General Terms and Conditions of In-Store Sale applicable as from February 6^th 2023

General Terms and Conditions of In-Store Sale applicable as from January 1, 2024 : click here
General Terms and Conditions of In-Store Sale applicable from July 10, 2021 to February 5, 2023 : click here
General Terms and Conditions of In-Store Sale applicable from October 25, 2019 to July 9, 2021 : click here

CONDICIONES GENERALES DE VENTA EN LAS TIENDAS DE MESSIKA GROUP - BARCELONA : CLICK HERE

 

1. SCOPE OF APPLICATION

These general terms and conditions of in-store sale (hereinafter the “Terms and Conditions”) apply, excluding all other documents, to all purchases on the customer’s own behalf (hereinafter the “Customer”) in relation to MESSIKA products (hereinafter the “Products” or “Product”), performed within any of the stores operated in its own right by MESSIKA JOYERIA (hereinafter the “Store”), namely the Store located on Paseo de Gracia 66, 08007 BARCELONA, SPAIN. Any contrary condition raised by the Customer shall, unless expressly accepted by the Store, be unenforceable against it. Specific conditions may however apply to a specific transaction or offer proposed to Customers in the Store, which in such case shall take precedence over these Terms and Conditions.

They determine the rights and obligations of the parties in the context of the sale of Products (hereinafter the “Sale”).

Sales performed in this context are reserved for consumers only, and any purchase for resale on a professional basis is strictly prohibited.

These Terms and Conditions are not intended to cover the purchase of products on MESSIKA’s website.

These Terms and Conditions do not apply to sales of custom products which are governed by the special terms and conditions communicated at such time and available by request.

These Terms and Conditions may be modified at any time by MESSIKA JOYERIA as the vendor identified in article 2 of these terms and conditions.

The Terms and Conditions applicable are those in force at the time of Sale.

 

2. IDENTIFICATION OF AUTHOR OF OFFER

Products are sold by the company: MESSIKA JOYERIA, S.L.U., whose registered address is Paseo de Gracia 66, 08007 BARCELONA, SPAIN, registered with the Barcelona Trade and Companies Register under Book B-531012, volume 46790, folio 198, EU VAT number ESB67380683 (hereinafter “MESSIKA”).

 

3. PRODUCTS AND PRICE DISPLAY

The basic characteristics of the Products as well as prices are displayed on a specific label or display in the Store.

The price of Products is expressed in Euros, including tax, namely value-added tax at the legal rate in force.

Any purchase of a ring of a size smaller than 48 or larger than 60 shall be considered to order as defined in article 5, “Returns”. This order must be the subject of a prior quote and may not be returned (see articles 6.2.2 “Products not accepted for returns” and 6.3 “Conditions for issue of a credit note”).

MESSIKA reserves the right to limit the quantities of MESSIKA products purchased by a Customer, and/or refuse any unusual or bad-faith transaction.

 

4. PAYMENT TERMS

Purchases must be paid for in full on the day of purchase, directly in the Store.

The Customer may pay for MESSIKA products by cash, bank/credit card or bank transfer.

Payment by cheque is not accepted.

In the event that, for any reason whatsoever (objection, refusal by issuer, etc.), the sums owed by the Customer to the Store cannot be debited, the purchase process shall be cancelled. MESSIKA will not issue the product to the Customer without validation of the Customer’s payment.

The Customer guarantees that they have the necessary authorisation to use the selected payment method for the payment of their purchase.

 

 4.1 Payment in cash

The store accepts cash payments as long as the amount is compatible with the legal thresholds in force in the country at the time of purchase.

Any payment of an amount exceeding the legal thresholds in force must be made using cashless payment methods (payment card or transfer).

 

 4.2 Payment by bank card

The Store accepts Banking Cards, Visa, Eurocard/Mastercard, American Express, China Union Pay, Japan Credit Bureau, WeChat Pay, Alipay.

 

4.3 Bank Transfer

The Store accepts payment by transfer received in Euros to our bank account registered in France. MESSIKA’s bank must confirm receipt of the transfer before considering that payment has been made.

 

4.4 Payments in instalments financed by Alma

Messika gives private customers the ability to pay in several instalments (hereafter the "Financing"), thanks to our partner Alma, under the conditions defined below:

• The customer must have a bank card (Visa, Mastercard, CB, American Express), issued by a country approved by Alma (list subject to change, contact Alma);
• The amount of the Financing must be between €50 and €5,500 (including taxes);
• Only MESSIKA jewellery and accessories can be financed by Alma; delivery and after-sales services are excluded from the Financing 

It is specified that Alma's decision to accept or reject the Financing application is subject to banking secrecy, as Messika does not have access to this information or to Alma's acceptance criteria.

If the Financing is accepted by Alma, its execution is subject to the customer's acceptance of the credit agreement proposed by Alma.

The staggering of the corresponding repayments will be made by the customer exclusively to Alma.

If the financing is rejected by Alma, the customer will be able to pay cash using other payment methods offered by Messika (articles 4.1, 4.2 and 4.3 of the present document).

 

 ARTICLE 5: SALES WITH SPECIFICITY

In the case of a Sale with Specificity (sales with tax exemption, export sales and sales with delivery within the European Union), this article takes precedence over the conditions of return set out in article 6 of the T&C.

 

5.1 Tax-exempt sales

• The Product may not be returned once the tax exemption form has been validated by European Customs. The Product will then be definitively exported.
• The customer must view and comply with all obligations in order to obtain their tax-exemption. This information is available at http://globalblue.com/terms
• Neither Messika, nor our tax-exempt operator Global Blue, can be considered responsible for a refusal by Customs to validate the tax-exemption form.

 

5.2 Export sales

• Products purchased in-store or remotely with delivery by Messika outside the European Union, allowing the exemption of value added tax (VAT), are considered "Export Sales".
• Products purchased under Export Sales and having left the European Union cannot be returned. The Products are definitely exported.
• Deliveries will be made under the incoterm CIP [Carriage Insurance Paid]. The payment of duties and taxes in the country of arrival is the customer's sole responsibility.
• Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

5.3 Sales with delivery within the European Union

• Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

6. RETURNS

 6.1 Refunds

MESSIKA will not refund any Product purchased in the Store.

 

 6.2 Returns Policy

MESSIKA wishes to offer its Customers the option to return purchased Products under the following conditions.

 

 6.2.1 Return conditions

MESSIKA allows its Customers to return purchased Products, so long as the following cumulative conditions are met:

• The exchange must be requested within a maximum of 30 days following the date of the invoice;
• The return request must be addressed to the Store in which the Product was purchased and the return can only be carried out there;
• The returned Product must be brand new, unused (not worn or engraved). Upon return of the Product, MESSIKA’s quality control will assess its condition;
• The product must be returned with:

O The original box, fully intact,

O The GIA certificate(s) issued upon purchase,      

O The guarantee card.

 

6.2.2 Products not accepted for returns

MESSIKA reserves the right to refuse to take back a Product in the following cases:

• Returned products that are incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn;

Products that have been the subject of a return request more than twice successively;

• Products that were specially ordered such as the creation of an item at the Customer’s request;
• Products that were made to order such as ordering an unavailable item or in an unavailable size;
• Products customised to order such as engraved or modified items.

 

6.3 Exchanges

Subject to compliance with the return conditions provided in article 6.2.1, MESSIKA will provide an exchange as soon as possible.

• Exchanges only permit the returned product to be replaced with the same model in a different colour of gold and/or size
• In the event of an increase in retail price between the date of purchase and the date of exchange, the Customer must pay the price difference.
• It is specified that in cases of gifts, the recipient of the gift may exchange it.

 

6.4 Credit notes

6.4.1 Conditions for issue of a credit note

If the Customer wishes to return their purchase for another model or if the product cannot be exchanged due to an unavailability of the Customer’s desired size or model, a credit note may be issued if:

• The product meets the conditions provided in article 6.2.1;
• The product is not included in the cases provided in article 6.2.2.

 

6.4.2 How a credit note is issued and used

If the product is declared compliant, MESSIKA will issue a credit note.

The credit note is personal and valid for one (1) year from its issue date, exclusively in the Store in which the purchase was made.

For gifts, the credit note cannot be issued in the recipient’s name, but the Customer’s name only. The credit note cannot be swapped for cash or bought back, replaced or refunded if lost, stolen, illegible or expired. MESSIKA shall not be held responsible in the event of fraudulent use of the credit note by a third party.

 

7. AFTER-SALES SERVICE

Depending on technical feasibility, the Product may be refurbished by MESSIKA, at the Customer’s expense, upon presentation of receipt of purchase and the certificate of authenticity.

 

8. LEGAL GUARANTEES

MESSIKA products benefit from the legal guarantee of conformity provided in articles 118, 119 and 120 of the Spanish Consumer Protection Act:

To recall articles 117, 118 and 120 after the amendment of the Consolidated Text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, of November 16, by virtue of article 16 of Royal Decree-Law 7/2021, of April 27, on the transposition of European Union directives.

 

Article 117. Liability of the businessman and rights of the consumer and user in case of lack of conformity of the goods, contents or digital services. Rights of third parties

1. The businessman shall be liable to the consumer or user for any lack of conformity that exists at the time of delivery of the goods, digital content or service, and the consumer or user may, by means of a simple declaration, require the businessman to remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases the consumer or user may also demand, in addition, compensation for damages, if applicable. The consumer or user shall have the right to suspend payment of any outstanding part of the price of the goods or digital content or service purchased until the businessman complies with the obligations set forth in this title.
   
   
2. When, as a result of an infringement of third-party rights, in particular intellectual property rights, the use of the goods or digital content or services is prevented or limited, the consumer or user may also demand, in the event of their lack of conformity, the corrective measures provided for in the preceding paragraph, unless a law provides in such cases for the termination or nullity of the contract.

 

Article 118. Legal regime of conformity

1. If the goods are not in conformity with the contract, in order to bring them into conformity, the consumer or user shall be entitled to choose between repair or replacement, unless one of these two options proves impossible or, in comparison with the other remedial measure, involves disproportionate costs for the businessman, taking into account all the circumstances, including those set out in paragraph 3 of this article, as well as whether the alternative remedial measure could be provided without major inconvenience to the consumer or user.
   
   
2. If the digital content or services are not in conformity with the contract, the consumer or user shall be entitled to demand that they be brought into conformity.
   
   
3. The businessman may refuse to bring the goods or digital content or services into conformity when it is impossible or involves disproportionate costs, taking into account all the circumstances, including:
   a. The value that the goods or digital content or services would have if there had been no lack of conformity.
   b. The relevance of the lack of conformity.
   
   
4. The corrective measures for bringing into conformity shall conform to the following rules:
   a. They shall be free of charge for the consumer or user. Such free of charge shall include the necessary expenses incurred for the goods to be brought into conformity, especially the costs of shipping, transport, labor or materials.
   b. They shall be carried out within a reasonable time from the time the businessman has been informed by the consumer or user of the lack of conformity.
   c. They shall be carried out without major inconvenience to the consumer or user, taking into account the nature of the goods or digital content or services and the purpose they had for the consumer or user.
   
   

5. When the repair or replacement of the good is necessary, the consumer or user shall place it at the disposal of the businessman and the latter, where appropriate, shall take back the replaced good at his expense in the way that causes least inconvenience to the consumer or user depending on the type of good.
   
   
6. When a repair requires the removal of goods that have been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent or, when they are replaced, the obligation to repair or replace them shall include the removal of the non-conforming goods and the installation of the replaced or repaired goods, or the assumption of the costs of such removal and installation at the expense of the businessman.
   
   
7. The consumer or user shall not be liable for any payment for the normal use of the replaced goods during the period prior to their replacement.

 

Article 120. Time limits for the declaration of non - conformity

1. In the case of a contract for the sale of goods or for the supply of digital content or services supplied in a single act or in a series of individual acts, the businessman shall be liable for any lack of conformity there exists at the time of delivery or supply and becomes apparent within three years of delivery in the case of goods or two years in the case of digital content or services, without prejudice to the provisions of article 115b(2)(a) and (b).

In the case of second-hand goods, the businessman and the consumer or user may agree on a shorter period than that indicated in the preceding paragraph, which may not be less than one year from delivery.

2. In the case of digital content or services or goods with digital elements, where the contract provides for the continuous supply of digital content or services for a specified period of time, the entrepreneur shall be liable for any lack of conformity of the digital content or services that occurs or manifests itself within the period during which the digital content or services are to be supplied in accordance with the contract. However, if the contract for the purchase of goods with digital elements provides for the continuous supply of the digital content or services for a period of less than three years, the period of liability shall be three years from the time of delivery.

 

9. MESSIKA’S COMMERCIAL GUARANTEE

All Products purchased in MESSIKA Stores are provided with the MESSIKA guarantee, according with the article 125 of the Spanish Consumer Protection Act.

MESSIKA jewellery has a two-year guarantee from the date of the receipt if a compliance or hidden defect is discovered under normal conditions of use. The MESSIKA guarantee card accompanying the Product at purchase must also be presented.

Any Product returned during the guarantee period in order to avail of the guarantee shall be submitted to MESSIKA’s after sales service’s appraisal. If they find a defective element, or a manufacturing fault, the Product will be repaired or replaced by MESSIKA.

A third year of the guarantee is offered to the Customer if they register after having completed the form available on our website, messika.com, within the month following purchase. It is valid for all MESSIKA jewellery.

The guarantor of the jewellery is the company MESSIKA, whose registered address is 64, Rue Lafayette in Paris (75009). For the implementation of the commercial guarantee, the Customer must address MESSIKA’s customer service at the following email address: contact@messikagroup.com.

The MESSIKA Guarantee excludes:

• Faults or damage resulting from incorrect use or accidents;
• Faults or damage caused by inappropriate use (shocks, scratches, crushing), by alterations, dismantling, unauthorised repairs, as well as services, intervention or repairs carried out other than in a MESSIKA store or approved retailer. For example, in case of adapting size, replacing stones or polishing;
• The consequences of normal wear and tear of the jewellery.

Independently of the commercial guarantee, MESSIKA remains bound by the legal compliance guarantee mentioned in articles 114 and 116.1 of the Spanish Consumer Protection Act .

Legal provisions:

Article 114. General principles:

The vendor is obliged to deliver products which conform to the contract to the consumer or user and shall be liable before the consumer for any lack of conformity that may exist at the time the product is delivered.

 

Article 116. Conformity of products with the contract:

1. Save for evidence to the contrary, it shall be understood that products conform to the contract provided that they comply with all the requirements set forth hereafter, unless any of the requirements is not applicable due to the circumstances of the case:
   a. They meet the description drawn up by the vendor and possess the product qualities presented to the consumer or user in the form of a sample or model.
   b. They are suitable for the uses for which products of the same type are usually intended.
   c. They are suitable for any special use requested by the consumer or user, where the vendor was informed of this at the time the contract was concluded, provided that the latter admitted that the product is suitable for such use.
   d. They display the typical quality and features of a product of this type which consumers and users have good reason to expect, taking into account the nature of the product and, if any, the public statements made by the vendor, producer or representative thereof, regarding specific features of the product, especially in the advertising or labelling. Vendors shall be under no obligations as a result of such public statements if they can prove that they were not aware or could not reasonably be expected to know of the statement in question, that the said statement had been corrected by the time the contract was concluded, or that such a statement could not have influenced the decision to purchase the product.

 

10. PROTECTION OF PRIVACY

The personal data communicated by the Customer to MESSIKA in the Store will be collected and processed by MESSIKA, in its capacity as data controller, according to the provisions of the Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights and the European General Data Protection Regulation which entered into force on 25 May 2018. Data is conserved throughout the term of the commercial relationship, then archived for the purposes of legal proof.

It will be processed for the purposes of managing Customer orders, deliveries, guarantees applicable to products that the Customer purchases and the execution of payment orders. It will also be used for the purposes of management and optimisation of customer relations and statistics. It may be communicated (i) to MESSIKA’s internal services and/or (ii) any of MESSIKA’s subcontractors or service providers, where such disclosure is necessary for the accomplishment of the abovementioned purposes.

Data will in no case be transferred outside the European Union. This data will not be externally communicated other than as stated above except to comply with legal and regulatory obligations or the request of a legal authority or administration. MESSIKA guarantees that it implements optimal security measures against loss, alteration and unauthorised communication of data transmitted by the Customer.

The Customer may exercise their rights of access, rectification, portability, erasure, objection and limitation of the processing of their personal data, or withdraw their consent, by contacting our Customer Service by email at stores@messikagroup.com. The Customer is also informed that it has the right to bring a claim before the competent control authority, such as the Spanish Data Protection Agency ("AEPD").

For further information on our practices on protecting Customer data, the Store invites the Customer to consult the MESSIKA GROUP’s Personal Data policy, accessible on our website www.messika.com. 

Further, the Customer may register on a list to be excluded from telephone, mail, e-mail or SMS/MMS: https://www.listarobinson.es/.

 

11. CLAIMS – INFORMATION

For all information, claims, invoking of legal guarantees or questions about the conditions of sale of MESSIKA products or those products themselves, the Customer may contact Customer Services by email at stores@messika.com.

 

12. INTELLECTUAL PROPERTY

MESSIKA remains the owner of all intellectual property for photographs, presentations, studies, sketches, models, prototypes, etc. created (even at the Customer’s request) for the provision of products. The Customer is therefore prohibited from any reproduction or exploitation of those photographs, presentations, studies, sketches, models, prototypes, etc. without prior express permission in writing from MESSIKA which may condition it against financial compensation.

 

13. REGULATORY PROVISIONS

All diamonds purchased by MESSIKA originate from legitimate sources not involved in the financing of conflict, according to the resolutions of the United Nations. MESSIKA hereby guarantees that the diamonds are not sourced from conflict zones, this guarantee being based on its knowledge and/or guarantees in writing from the supplier of the diamonds.

Furthermore, MESSIKA is a member of a Responsible Jewellery Council for further information about RJC you can searchhttps://www.responsiblejewellery.com/

 

14. FORCE MAJEURE

The execution of MESSIKA’s obligations hereunder is suspended in the event of the occurrence of a fortuitous or force majeure event preventing such execution.

The suspension of its obligations may in no case be a cause for responsibility due to non-execution of that obligation or incur any payment of damages or late penalties.

The execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and does not exceed a period of eight (8) days.

If the prevention is definitive or exceeds that period of eight (8) days, these Terms and Conditions shall be simply rescinded.

 

15. APPLICABLE LAW – LANGUAGE – DISPUTES

Our TERMS AND CONDITIONS are governed by and subject to Spanish law.

In accordance with article 57 of the Spanish Consumer Protection Act, any consumer-related dispute may be amicably settled by mediation with the to the Consumer Arbitration System. The European Commission offers a platform for alternative dispute resolution, which can be accessed at: http://ec.europa.eu/consumers/odr/ 

MESSIKA is not a member of any association or organization that offers an extrajudicial system of conflict resolution in Spain.

If the Customer does not wish to do so, the dispute will be referred to the courts and tribunals of the consumer's domicile.