Terms and conditions Legal warning Privacy Policy Cookies Policy General Conditions of Purchase Shipping and Returns Policy Momenti by Tot-em

1. Shipping and Returns

1. 1.1. Shipping Costs

These costs are determined by the transport company used by TOT-EM. They can be viewed at checkout, just before confirming the order.

Shipping to the Canary Islands: When selecting a Canary Islands address in the shopping basket, the VAT of the products is automatically deducted and the corresponding IGIC is added. In this way, the Buyer does not pay any extra cost upon reception of their order.

Shipping to Ceuta and Melilla: When selecting an address in Ceuta or Melilla in the shopping basket, the VAT of the products is automatically deducted and the corresponding IPSI is added. In this way, the Buyer does not pay any extra cost upon reception of their order.

[Product Weight: If there are concerns regarding the weight of the order, this can be checked by contacting TOT-EM:

• Through the contact methods provided on the Website.

2. 1.2. Free Shipping

If the order amount exceeds 50€ the Buyer may benefit from free shipping. Free shipping to destinations within some countries of the European Union is only available for orders that do not weigh more than 2kg. Free shipping is done via the standard shipping option. 

3. 1.3. Order Tracking

TOT-EM assigns a tracking number to each order so that your order is trackable during its journey. Simply call the delivery company to find out where your order is.

4. 1.4. Delivery

Once the order has been placed and manufactured, the delivery time is approximately 48 hours to addresses in the Iberian Peninsula, and 4 to 5 working days for shipments to the Canary Islands, the Balearic Islands, Ceuta and Melilla, and 6 to 7 working days for other destinations in the European Union (except during special promotional periods, see more below). Estimated delivery times for other destinations can be checked on the website or by emailing support@tot-em.com.

PLEASE NOTE: Due to BLACK FRIDAY, orders may take a little longer to process. Orders placed between 15/11 and 30/11 may take up to 10 working days for processing/production. Thank you for understanding. 

Likewise, local, regional, and national holidays should be taken into account since, due to these being non-working days, the delivery periods will increase by 24 hours.

In the event that TOT-EM does not have one or all of the order items available, they will inform the Buyer of the new delivery time, indicating the option to request reimbursement for the amount paid for the specific item(s), or for a replacement item with similar characteristics, of higher or the same quality, of the Buyer's choice.

In the latter case, the Buyer may exercise their rights of withdrawal and terminations in the terms applicable to the initially purchased good.

All products will be sent with a delivery note. In order to optimize delivery, please provide an address to which the order can be delivered during normal working hours, from 8.30h to 19h.

TOT-EM only works with specialized courier and transport companies. If you are absent during the first delivery attempt, the courier will try a second time to ensure that the order is delivered within the established period. If this is not possible, they will contact the Buyer via the telephone number provided, to report the situation and resolve it in the most favorable way for the client. If after several delivery attempts the shipment cannot be delivered, it will be returned to our address.

Once your order has left the TOT-EM warehouse, it is in the hands of the transport company selected by the Buyer. Therefore, TOT-EM does not control the order. If you have any questions or concerns and your package has already left our warehouse, please contact the chosen transport company directly.

If you would like more information about your order once it has been shipped, you can do so through the chosen shipping company: for shipments within the EU, once your order has been shipped GLS will contact you to provide you with the tracking number and you will be able to control your order here and for shipments with DHL express here you can see the status of your order with the tracking number provided once the order has been sent and contact them if necessary.

The Buyer is responsible for the veracity and accuracy of the address data provided. In the event that there is an error in the address (in whole or in part) and a second shipment is required, the Buyer will be responsible for the shipping cost incurred.

5. 1.5. Warranty and Claims

All products offered on the Website are original products of the brand, with a factory warranty certificate and, in principle, without any defect.

Faced with any defect or lack of conformity, the consumer can choose between the repair or replacement of the affected product, unless the latter is impossible or disproportionate. You have a period of one month to do so from when you become aware of the non-conformity. TOT-EM is responsible for the lack of conformity that is manifested within a period of two years from delivery. It is presumed that the lack of conformity manifested in the first month after delivery already existed when the product was delivered, after the first month it will be the consumer who has to demonstrate that the lack of conformity existed at the time of delivery of good.

Within the warranty period, providing the confirmation of the order made and whenever the defect can be attributed to a manufacturing fault, the expenses that may be generated will be free for the customer. The guarantee in no case will cover product defects derived from misuse, possible blows, exposure to agents that are harmful to the material and its treatment, as well as the natural wear and tear that the materials may have due to their use. It is important to take care of the products following the indications for correct use and care.

6. 1.6. Faulty Products or Erroneous Shipments

In the event that the product is returned due to lack of conformity (defective products or erroneous shipments), the User will have the right to choose either to return the product for another with identical characteristics or to repair it. In these cases, TOT-EM will be responsible for the cost of shipping or returning the product.

Nevertheless,

• In the event of receiving an erroneous shipment, the Customer must return the erroneous product with the packaging in perfect condition, with the product and its accessories also in perfect condition, and with the product packaged in such a way that deterioration won't occur during transportation, assuming the responsibility for any possible damages caused by not doing so. TOT-EM will not accept the return of a product that is unsealed or shows obvious signs of use.

• In the event of receiving a faulty product, the User must try to deliver the product in the best conditions possible.

The refund for the amount paid will be made according to the method used for the initial payment at the time of purchase and, provided that the aforementioned requirements are met, can also be received in the form of a discount voucher redeemable in the online store itself, if the Buyer so wishes.

The returns period will be established by current regulations.

7. 1.7. Customer Service

For any type of query related to our products or services, or to make suggestions, etc., please don't hesitate to get in touch with us at support@tot-em.com. 

Our team will respond to you as soon as possible.

2. 2. Right of Withdrawal

8. 2.1 General

In accordance with the law, the Buyer has a period of fourteen (14) days from the date of receipt of the products to exercise their right of withdrawal, without having to justify the reason or pay any penalty except for the shipping costs, so long as they are considered a Consumer and User.

All items must be returned in the identical condition to that in which they were delivered, with all their packaging and accessories, allowing for all the necessary checks and manipulations to determine the characteristics and functionalities of the products. The Buyer will be responsible for any decrease in the value of the items if they have manipulated the products in any way other than that which is necessary to establish the characteristics and operation of the products acquired. 

The returned products must be accompanied by a photocopy of the delivery note.

Upon receipt of the merchandise in our warehouse, and after checking its status, the amount paid will be refunded to the Buyer according to the original payment method. The return costs will not be reimbursed in any case.

The additional charge of the return shipment will be paid by the User prior to the return, if it was returned by means other than those indicated by TOT-EM.

The Buyer may also communicate their wish to withdraw using the template provided below:

9. 2.2. Exceptions to the Right of Withdrawal

Notwithstanding, in accordance with the provisions set forth in article 103 section c) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, it is not possible to exercise the right of withdrawal for contracts which it is not applicable to, i.e. contracts that refer to:

"The supply of goods made to the consumer’s specifications or which are clearly personalized."

At TOT-EM, we offer jewelry items that are customizable in various ways (voice messages, dates, coordinates, etc.). These are manufactured individually by our artisans, which makes them unsuitable for use by other Users if they are subject to withdrawal by the Buyer.

As indicated, TOT-EM will not accept the return of a product when the right of withdrawal is not applicable as indicated in the section of each product, without prejudice to those cases in which the product is faulty or erroneous.