1. Scope of Application

1.1 These Terms of Service apply to all contracts for the delivery of goods concluded by a consumer or an entrepreneur with the seller, MOJE BY MORRIS SOCIEDAD LIMITADA (hereinafter "Seller"), via the online shop moje-fashion.com. The inclusion of the Customer's own terms is hereby rejected unless otherwise expressly agreed.

1.2 A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By clicking the button that finalizes the order process ("Pay Now" or equivalent), the Customer submits a legally binding contractual offer for the goods contained in the shopping cart.

2.3 The Seller may accept the Customer's offer within five days by sending a written or electronic order confirmation (e.g., via email) or by delivering the ordered goods. If the Seller does not accept the offer within this period, it shall be deemed a rejection, and the Customer is no longer bound by their declaration.

2.4 Contract processing and communication take place via email and automated systems. The Customer must ensure that the email address provided is accurate and capable of receiving emails (check SPAM filters).

3. Right of Withdrawal

3.1 Consumers residing within the European Union are entitled to a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's separate Cancellation / Return Policy.

3.3 Special Exclusion for Swimwear: Pursuant to Article 16(e) of EU Directive 2011/83/EU, the right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery. Swimwear must be returned with the hygiene seal fully intact.

4. Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices indicated are total prices and include statutory value-added tax (VAT/IVA). Any additional shipping and delivery costs will be specified separately in the checkout process.

4.2 Payment methods will be communicated to the Customer in the Seller's online shop. Payment processing is conducted via standard providers (such as Shopify Payments / Stripe Payments Europe Ltd.).

5. Shipping and Delivery Conditions

5.1 Goods are delivered by shipping to the delivery address specified by the Customer. The shipping area is strictly limited to Spain and designated member states of the European Union, as specified in our Shipping Policy.

5.2 If the delivery to the Customer fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.

5.3 If the Customer acts as a Consumer, the risk of accidental destruction or damage passes to the Consumer upon delivery of the goods. If the Customer acts as an Entrepreneur, the risk passes upon handing over the goods to the transport carrier.

6. Retention of Title

The Seller retains full ownership and title of the delivered goods until the purchase price owed has been paid in full.

7. Warranty and Liability for Defects

7.1 Unless otherwise stated below, the statutory provisions governing liability for defects and warranties under European consumer law apply.

7.2 If the Customer acts as an Entrepreneur, the statutory limitation period for defect claims is limited to one year from delivery, and the Seller reserves the right to choose the type of subsequent performance.

7.3 Consumers are requested to report obvious transport damages to the carrier immediately upon delivery and to inform the Seller. Failure to do so will not affect the Consumer's statutory warranty rights.

8. Applicable Law

All legal relationships between the contractual parties shall be governed exclusively by the laws of the Kingdom of Spain, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9. Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in Spain, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the Seller (Málaga, Spain). The same applies if the Customer does not have a general place of jurisdiction in Spain or the EU.

10. Alternative Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), accessible via: https://ec.europa.eu/consumers/odr. The Seller is neither legally obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Contact Information

For questions regarding these Terms of Service, please contact us at: contact@moje-fashion.com.