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PAYMENT, CANCELLATION, WITHDRAWAL AND REFUND POLICY

This Policy establishes the legal framework for payment, order cancellation, withdrawal from the contract and refunds applicable to services and goods provided through the Moment.md platform. The Policy is drafted to comply with the mandatory provisions of the legislation of the Republic of Moldova while clearly establishing the contractual rule that payments are non-refundable where the provision of the service has already commenced, digital content has been activated, or a product has been personalized at the customer's request.

Operator / Provider: “LIVE MOMENT GROUP” S.R.L.

IDNO / Code: 1024600086083

Registration date: 26.11.2024

Administrator: DARACCI ANDREI

This Policy applies and shall be interpreted in accordance with the Civil Code of the Republic of Moldova, Law No. 284/2004 on Electronic Commerce, Law No. 105/2003 on Consumer Protection, Law No. 195/2024 on the Protection of Personal Data, as well as other regulatory acts applicable to legal relationships concluded remotely.

The main rule of this Policy is that a payment made by the customer covers not only the final result, but also the immediate provision of digital infrastructure, reservation of technical resources, opening and administration of the account, activation of the memorial page, data processing, allocation of the QR code, content review, page personalization and, where necessary, the manufacture or ordering of individualized physical elements.

The Policy is based on the principles of freedom of contract, good-faith performance of obligations, binding force of a duly concluded contract and prohibition of abuse of rights. It follows from these principles that a person may not use an activated and performed service and then demand a full refund of the price merely because they have changed their mind, in the absence of a failure attributable to the Provider.

Legal nature of the services and goods provided

Depending on the circumstances, services provided through Moment.md may constitute:

digital services provided remotely
mixed digital-material services
individualized services and goods performed or produced at the customer's request.

In particular, the platform may provide:

creation and activation of memorial pages
hosting and online maintenance of pages
processing and display of digital content
configuration and linking of a QR code
account administration
as well as personalized physical goods or goods ordered individually for a specific memorial object.

The personalized and irreversible nature of such services and goods justifies a special legal regime compared with mass-produced goods or standard services whose performance has not yet commenced.

In particular, after the memorial page has been configured, content uploaded, digital identifiers reserved, or production of a personalized physical product has commenced, the Provider has already incurred actual expenses, used resources and performed actions that cannot naturally be “cancelled” merely by a unilateral request from the customer.

Pre-contractual information and expression of consent

In accordance with legislation on electronic commerce and consumer protection, before placing an order the customer is provided with material information concerning:

the identity of the Provider
the characteristics of the service or product
the price
the stages of performance
cancellation rules
refund restrictions
cases in which no refund is made.

Submission of an order and payment constitute confirmation that the user has read this Policy.

For services whose performance begins immediately or within a very short period after the order is placed, the customer expressly confirms that they request performance to begin before the expiry of any statutory withdrawal period, if such period applies, and agrees that after performance has begun a full refund may become impossible or may be excluded to the extent permitted by law.

General rule on payment and binding nature of the order

All orders confirmed and paid for through the platform are binding and final.

Payment produces legal effects from the moment the transaction is confirmed by the payment processor or from the moment it is registered in the Provider's system.

Paid amounts are payable for the agreed provision of the service, as well as for the costs of its preparation, activation and performance assumed by the Provider.

Accordingly, a mere change of the customer's intention after placing an order does not in itself create an automatic right to a refund.

This rule is legally justified because contractual relations are performed successively and often begin immediately after an order is placed. In such relationships, the price covers not only the final delivery of the product or result, but the entire process of organizing, configuring, providing and maintaining the service.

Non-refundability of payment for digital services after performance has begun

Payments for digital services become non-refundable from the moment actual performance of the service begins, including, without limitation, one or more of the following operations:

creation of an account
generation of a memorial page
activation of access
allocation of hosting space
uploading and processing of content
linking of a QR code
review of materials
publication of the memorial
reservation of the necessary digital infrastructure.

The legal basis for this rule is that once performance has begun, the Provider's obligation is no longer exclusively future but constitutes an obligation that has already commenced or has been partially performed.

Under such circumstances, a full refund of the price would disrupt the contractual balance and the principle of good-faith performance, since the customer would benefit from resources already used and actions already performed without bearing the associated costs.

Consequently, after performance of digital services has begun, the customer is not entitled to demand a full refund of amounts paid solely because of a voluntary withdrawal from the service.

The Provider may, at its own commercial discretion, provide:

internal credit
postponement of the service
or another amicable solution,

however, this does not constitute a general legal obligation.

Non-refundability of personalized goods and individualized orders

Goods manufactured, ordered, printed, configured or adapted in accordance with the customer's specifications, including:

memorial plaques
QR-code plates
personalized physical media
other individualized elements,

are in principle non-refundable from the commencement of the process of:

personalization
manufacture
printing
engraving
ordering from third parties
or preparation for performance.

The legal basis for this rule derives from the very nature of personalized goods: they are created for a specific customer, for a specific memorial object and, as a rule, can no longer reasonably be sold to other customers.

An obligation to provide a full refund in such cases would unfairly shift to the Provider the economic risk of the customer's subjective change of decision.

Consequently, after personalization or an individual order has begun, the customer agrees that the price paid, in whole or in part, is final and non-refundable, except where the product:

is defective
was produced incorrectly due to the Provider's fault
or was not delivered without lawful grounds.

Cancellation of orders before performance begins

Complaints concerning payments, refusal of refunds, order cancellations or their performance shall be submitted through the contact channels indicated on the platform, stating the identity of the claimant, order number, payment date, payment method, stated grounds and, where necessary, supporting documents. The Provider may request additional information to verify identity and prevent fraud.

Additional data or documents shall be requested only to the extent objectively necessary to identify the claimant, assess the request and prevent fraud, in compliance with the data minimisation principle under Article 5 of Law No. 195/2024.

When reviewing a complaint, the Provider may verify the status of service performance, account activation, creation of the memorial page, content upload, QR-code linking, delivery of the physical product, electronic communications with the customer, as well as any other relevant technical or commercial data. Depending on the results, the Provider may fully or partially grant the request, offer remediation of deficiencies, internal credit, repeat performance or issue a reasoned refusal.

In the event of a payment dispute, suspected fraud, initiation of a refund procedure or an investigation by the payment processor, the Provider may temporarily suspend performance of the service or certain of its functions, request supporting documents, and provide payment processors, financial institutions, advisers or competent authorities with strictly necessary information to clarify the situation and protect its rights.

The processing and transfer of such data shall take place only where an appropriate legal basis exists and solely to the extent necessary for the specific purpose; engaged service providers shall process data in accordance with the applicable status of recipient/person authorized by the Operator and the requirements of Law No. 195/2024. International transfers, where applicable, are permitted only in compliance with Chapter V of that Law.

Submission of a complaint or initiation of a refund procedure in itself does not terminate the contractual relationship and does not make an already activated service or an already personalized product refundable in the absence of a breach of obligations by the Provider or a mandatory legal requirement.

The customer may request cancellation of an order only before actual performance of the service begins or before personalization of the product begins.

Such request shall be considered individually, taking into account:

the stage of order completion
expenses already incurred
operations already performed in the system.

If cancellation occurs at a time when the Provider has not yet begun performance and has not incurred irreversible expenses, the Provider may approve a full or partial refund.

If, however, preparatory, technical, administrative or commercial actions have already been performed by the time of the request, the Provider may retain the portion corresponding to services already provided and expenses already incurred.

This approach complies with legal requirements because this Policy is not intended to exclude mandatory consumer rights, but merely distinguishes precisely between a situation in which performance of the contract has not yet begun and a situation in which performance has already been initiated at the customer's express request.

Burden of proof and documentation of the stage of performance

To substantiate the grounds for refusing a refund, the Provider may lawfully retain and use information relating to:

order date
payment date
time of service activation
actions performed in the account
date of content upload
electronic confirmations
orders sent to suppliers
evidence of personalization
as well as any other technical or commercial records of relevance.

Such documentation is justified by the need to demonstrate performance of contractual obligations and protect the Provider's lawful rights in the event of potential disputes or complaints.

Personal data contained in such records shall be retained no longer than necessary for performance of the contract, compliance with mandatory legal requirements and protection of rights within applicable limitation periods; once the relevant purpose ceases to exist, such data shall be deleted or anonymized unless further retention is required by law.

Relationship with mandatory consumer rights

This Policy applies only to the extent that it does not conflict with mandatory consumer protection provisions.

Any provision of the Policy shall be interpreted restrictively if it may conflict with a mandatory legal remedy provided by law.

In particular, the non-refundable nature of payments does not exclude the consumer's right to invoke:

non-performance
improper performance
non-conformity
insufficient information
or other violations attributable to the Provider.

In such cases, mandatory provisions of law shall apply directly, and this Policy may not be used as a means of excluding liability established by law.

Legal grounds expressly relied upon by the Provider

In support of this Policy, the Provider refers, in particular, to:

the Civil Code of the Republic of Moldova — regarding freedom of contract, good faith, the binding force of a duly concluded contract, performance of obligations and consumer legal relations
Law No. 284/2004 on Electronic Commerce — regarding the conclusion of contracts by electronic means, information provided to the addressee and validity of transactions carried out online
Law No. 105/2003 on Consumer Protection — regarding consumer information, contractual balance, prohibition of unfair terms and legal remedies in cases of violations
Law No. 195/2024 on the Protection of Personal Data — regarding principles and legal bases for processing, transparency, data subject rights, security, transfer and retention of data necessary for order performance, handling requests and documenting contractual relations
as well as any other special regulatory acts applicable to digital services, electronic content, online payments and consumer protection.

Final confirmation

By accepting this Policy, the customer expressly acknowledges and agrees that payment for:

activated digital services
created memorial pages
personalized goods ordered through Moment.md,

after performance has begun or personalization has begun, is final and, in principle, non-refundable.

This rule is justified both legally and contractually by:

the nature of the provision
expenses incurred and resources used
the practical impossibility of restoring the parties to their original position
as well as the obligation of both parties to act in good faith.

At the same time, non-refundability does not operate as an arbitrary sanction, but as the natural legal consequence of performance already commenced and personalization carried out at the customer's request.