Last updated: March 26, 2025
We may periodically make modifications to these Sale Terms and Conditions; therefore, we kindly ask you to check periodically for any updates to stay informed. The most recent version of the Sale Terms and Conditions will always be available on the platform. Any new version of these Sale Terms and Conditions will take effect immediately on the date of its publication and will govern all orders for products or services placed from that date onward. No modifications to the Sale Terms and Conditions made after you have placed your order will affect that order or your relationship with us, unless required by law.
These Sale Terms and Conditions apply to any sale of products or services from MEMENTO MORI that you may place through the Seller Entity (as defined below), using the platform (“The website”) and any associated mobile or digital applications referring to these Sale Terms and Conditions.
The Seller Entity is MEMENTO MORI, the owner and publisher of the Platforms according to the Terms of Use, and data collection in accordance with the Privacy Policy and Cookies Policy. By placing an order, you accept being bound by the Terms of Use, Privacy Policy, Cookies Policy, and Return and Exchange Policy, whose terms are incorporated into these Sale Terms and Conditions. For more information on our return policy, please consult our Return and Exchange Policy.
Please read the Sale Terms and Conditions carefully. These Sale Terms and Conditions apply to all orders placed through the website. Please note that before placing an order, you will be asked to declare your agreement with these Sale Terms and Conditions. If you do not agree with them, you will not be able to place an order for any product or service through the website.
Eligibility to make purchases
Only individuals (and not legal entities) who: (a) have reached the legal age required to enter into contracts (eighteen years in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries where we ship, as specified on the platform, may place orders for products through our website. If you are a minor or for any other reason do not have the legal capacity to enter into a contract, your parent or legal guardian must place the order on your behalf and thus accept these Sale Terms and Conditions.
By placing an order through the website, you declare and warrant that you are a final customer purchasing in good faith for your personal use or the personal use of another person, and that you
will not sell or distribute our products in any other way, nor purchase our products for commercial purposes.
Product availability
All orders placed through the website are subject to availability and our acceptance of those orders. Products shown on the platform that cannot be added to the shopping cart are not available for sale through the website. For more information on the ordering process, please refer to our Order Process section below.
Quantity limits may apply to orders for certain products. We reserve the right to refuse at any time, without prior notice, orders exceeding a certain number of authorized products.
Account registration and guest checkout
To place an order, you can register and create an online account, or place an order as a guest without creating an account by selecting the “Guest Checkout” option. If you place your order as a guest, we will still create an account in our internal systems to record your purchase(s).
Customized services
Personalization services (e.g., engraving or embossing) or other services may be available for a selection of products. If you wish to have your product personalized, please provide the details through the website or our email when requested.
We reserve the right to withhold or refuse to accept any order for personalized products, or with a message on a card containing offensive, unlawful, or contrary language to our policies. You are responsible for ensuring the accuracy of the message you provide to accompany your personalized products.
Furthermore, personalized product orders cannot be canceled, and products that have been personalized or custom-made according to your specifications cannot be returned for a product exchange or refund, as described in these Sale Terms and Conditions. However, this provision will not affect your rights as a consumer (see the “Manufacturer’s Warranty and Your Legal Rights as a Consumer” section for more information).
Order process
The order process on the website includes the following:
- Add to Shopping Cart: Once you select a product, you can add it to your shopping cart. You can then decide if you wish to continue shopping for other products and add them to your cart (subject to availability and quantity limits). Adding an item to your shopping cart does not guarantee its availability for purchase, which will not be confirmed until you receive an order and shipping confirmation in writing.
- Guest Checkout/My Account: When ready, proceed to the “checkout” section, either as a guest or using your registered user account. During the checkout process, you can also remove any products from your shopping cart.
- Delivery, Verification, and Payment: As part of the checkout process, you will need to add and verify your order details and personal information (including email address, shipping address, billing address, and payment details). You must carefully check and confirm all information on the order summary page before submitting it.
- Placing the Order: At this stage, you must tick the relevant box and place your order.
We reserve the right, at our sole discretion, to refuse, cancel, and terminate orders at any time for just cause. For example, we may refuse, cancel, or terminate your order if there is a current dispute regarding the payment of a previous order, or if we suspect, at our sole discretion, that you (i) have engaged in fraudulent activities or (ii) have otherwise breached these Sale Terms and Conditions.
Prices, taxes, and shipping fees
All prices displayed on product information pages on the website include sales tax/VAT, but exclude shipping fees and other taxes unless stated otherwise.
Once you provide the delivery address, the applicable currency will be updated based on the shipping destination and shown in your shopping cart before you place your order. You must carefully check the price and currency update.
Please note that VAT and other applicable taxes may vary depending on the shipping destination. Shipping fees, if any, are described in the Shipping Policy below.
Shipping fees do not appear on the product information pages but will be added to the product price once you have selected the corresponding delivery options. A summary of these fees will be shown before you confirm and place your order; they will also be reflected in our correspondence with you via email once you have selected your delivery options.
We reserve the right to modify prices and shipping fees at any time without prior notice.
We make every effort to ensure that product prices and shipping fees are correct when entered into the system. However, despite our best efforts, it is possible that some of the prices or shipping fees for products offered through our website may be incorrect. If any of the products you included in your order have an incorrect price, we will contact you as soon as possible to inform you of the error. If we cannot contact you using the contact details you provided during the order process, we will cancel your order and notify you in writing. If, by mistake, we accept and process your order at incorrect prices or shipping fees, we may cancel the product supply and refund any amounts you have paid.
Please note that changes in applicable legislation between the date of your order and the date we send the written Order and Shipping Confirmation may lead to changes in the taxes associated with your order. If the resulting change leads to an increase in the taxes to be charged, we will contact you to confirm whether you wish to proceed with the order.
Payment
We accept payment methods identified within the order process on the website. Depending on the payment methods, we may request additional information, including specific forms of identification.
If you place your order on the website, you must enter your payment details in the relevant form. All cardholders will be subject to verification checks for validation and authorization by the card issuer. If the card issuer denies payment authorization in our favor, you must directly contact the issuer to resolve this issue.
Other payment methods may also be subject to validation checks and authorization by the payment system providers. You expressly authorize us to conduct security checks, when we deem necessary, transmit or obtain information from third parties (including any updated information) about you periodically — including, without limitation, your payment card details — authenticate your identity, validate your payment card, obtain initial authorization of the payment card, and authorize individual purchase transactions.
Typically, the full amount of your purchase will be blocked on your payment card until your order is shipped, at which point you will receive an Order and Shipping Confirmation, and the applicable purchase price will be charged to your payment card.
Order acknowledgement
Once you have selected and placed your order on the website, you will receive a written Order Acknowledgment (via email or other means), confirming the details of your order along with an order reference number. Please make sure to keep this order reference number for any future inquiries regarding your order. The Order Acknowledgment does not constitute acceptance of your order. To confirm the order, we will perform standard checks for solvency, anti-fraud, security, and other legal matters, and if the result is acceptable, we will process your order. Once you receive the Order Acknowledgment, it is your responsibility to verify it and confirm that it accurately reflects the products you ordered. If you have any questions or concerns, or if the Order Acknowledgment does not reflect your intentions, you must contact us immediately.
You will receive a copy of these Sale Terms and Conditions when we send you the order acknowledgment.
Shipping policy
We will only accept orders for delivery to the country or countries specified during the Order Process. Please note that we do not ship to certain addresses, such as military facilities, specific restricted areas, pickup points, or P.O. Boxes. For more information, please refer to our Frequently Asked Questions section or contact us via info@mementomoriatelier.com.
If you place an order for multiple products, we will ship the order once all the products are available (no partial shipments will be made unless we inform you otherwise).
When using a credit card, debit card, or any other available instant or advance payment solution on the website, the total amount of your purchase may be deducted immediately after placing your order. This prepayment will not affect any of your legal rights under these sales terms (including, for example, the right to a refund). Once we proceed with the shipment, you will receive an order and shipping confirmation. If we are unable to fulfill the obligations outlined below regarding the shipment or delivery of the order, we will send you a notification via email and proceed with a refund without further delay. If the payment is made by credit or debit card, the full amount of the order may also be held until we proceed with shipping, at which point you will receive an order and shipping confirmation, and the corresponding purchase amount will be charged to your card.
Order and shipping confirmation
When we ship your order, we will send you a written Order and Shipping Confirmation (by email or other means). This Order and Shipping Confirmation will constitute our acceptance of your order and indicate the existence of a binding sales contract.
Delivery
We will make every effort to ensure that the carrier delivers within the estimated time frame from the date we send you the written Order and Shipping Confirmation and, in any case, within thirty (30) days from that date, unless your purchase pertains to a product or service whose delivery we have explained will take longer, such as in the case of customized or made-to-order products or services based on your specifications.
If the delivery of the products is delayed for reasons beyond our control, we will inform you as soon as possible and do everything reasonably possible to minimize the inconvenience caused by the delay. If we do not deliver the product within thirty (30) days from the date we send you the written Order and Shipping Confirmation or within any other time frame we have indicated, you may contact us at info@mementomoriatelier.com to cancel the order and receive a refund for any product you have not received.
In any case, your sole remedy if we fail to deliver the order will be your right to cancel the order and receive a refund for any product you have not received that was paid for in advance.
To estimate your delivery time, please consider the time needed for credit and address verification, security checks, and order processing. Please note that the delivery of the order will always be subject to the receipt of full payment.
We will require your manual or electronic signature, or that of a person present at the indicated delivery address (unless you have arranged otherwise), to confirm the delivery of each product, at which point you will assume the risk and responsibility for the products you have purchased. If you have specified a recipient for the delivery other than yourself (for example, if you wish to send a gift), you understand and agree that the signature of the recipient (or of a person present at the delivery address) will constitute proof of delivery and fulfillment of the sales contract by MEMENTO MORI and the transfer of responsibility for the product to the recipient, just as if the product were delivered to you. We reserve the right to deliver the products exclusively to the person indicated as the recipient on the order, as indicated on the package label, and to request identification for verification purposes at the time of delivery for certain categories of products. For more information, please consult our Frequently Asked Questions section or contact us at info@mementomoriatelier.com.
Invoices
When ordering products through the website, an invoice will be sent to you in writing (to your email address as a PDF attachment or by other means).
Return and exchange policy
Click here for details of our Returns and Exchange Policy, which is part of these Sales Terms. MANUFACTURER’S WARRANTY AND YOUR LEGAL RIGHTS AS A CONSUMER
We are committed to ensuring that each product strictly meets our quality standards and has passed all necessary technical and aesthetic checks, in accordance with current legislation in Spain and the European Union, particularly the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007) and Directive (EU) 2019/771 on certain aspects of the sale of goods contracts.
Product descriptions
We strive to ensure that the information on the platform, advertisements, catalogs, etc., is accurate and complete. However, we make no guarantees, either express or implied, regarding the accuracy, reliability, or completeness of such information. In particular, all product descriptions and information regarding the weight of precious materials, number of stones and carats, product dimensions, etc., are provided for general guidance and may vary slightly.
Limitation of liability
To the extent permitted by applicable law, we reject and exclude all other terms, conditions, and warranties in relation to the products and the website platform, whether express or implied, established by law or otherwise, or arising from any course of dealing, use, or prior business practice.
Nothing in these Sales Terms limits or excludes our obligation to assume full responsibility for any liability that applicable law does not permit us to limit or exclude. In accordance with this provision, our total liability to you under these Sales Terms for any order, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages, shall not exceed, in any case, one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, consumer protection laws may not allow for certain exclusions or limitations of warranties or liability, and therefore, some of the exclusions and limitations described above may not apply.
General provisions
If any provision —or part of a provision— of these Sales Terms is found to be illegal, void, or unenforceable, it will be deemed not to form part of these Sales Terms, without affecting the legality, validity, or enforceability of the other provisions, unless applicable law requires otherwise.
These Sales Terms (and the conditions associated with them, which are deemed incorporated by reference) constitute the entire agreement between you and us regarding the ordering of products or services, and supersede and terminate all prior agreements, drafts of agreements, arrangements, initiatives, or contracts of any kind between the parties, whether oral or written, in relation to the same subject matter.
We shall not be liable for any breach or delay in the performance of our obligations under these Sales Terms arising from any cause beyond our reasonable control.
A waiver by us of any breach of any provision of these Sales Terms shall not be construed as a waiver of any subsequent breach.
This contract is made between you and us. No other person shall have any right to enforce any of its provisions.
Applicable law and competent jurisdiction
These Sales Terms shall be governed by and interpreted in accordance with the laws of the country where the relevant Seller Entity has its registered office, excluding the application of conflict-of-law rules. Any dispute, controversy, or claim arising from or related to these Sales Terms —including regarding the validity, nullity, breach, or termination of these Sales Terms— shall be settled or submitted to arbitration in accordance with these Sales Terms. When applicable law differs from the mandatory consumer protection law, we will offer you similar protection.
You may bring legal action against us in the courts of the country where the relevant Seller Entity has its registered office or in the country where you are domiciled. We may also bring legal action against you in the courts of the country where you reside.
Without limiting the right to bring legal action in a court, you and MEMENTO MORI will first make reasonable efforts during a thirty (30) day period to resolve any dispute or disagreement that may arise from or relate to the product, these Sales Terms, or any breach thereof amicably.
If you are a customer residing in the European Union, you have the right to submit a complaint to an alternative dispute resolution body. To find a list of alternative dispute resolution bodies in your country, you can consult the European Commission’s ODR Platform (Online Dispute Resolution platform) at the following address: http://ec.europa.eu/consumers/odr.
Contact
If you have any questions or comments regarding these Sales Terms, or any other issue in general, please contact us at info@mementomoriatelier.com.
