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PAYMENT, CANCELLATION, WITHDRAWAL, AND REFUND POLICY

This Policy establishes the legal framework governing payments, order cancellations, withdrawal from contracts, and refunds applicable to the services and products offered through the Moment.md platform.

This Policy is drafted in such a way as to remain compatible with the mandatory provisions of the legislation of the Republic of Moldova while also clearly establishing the contractual rule of non-refundability in situations where the service has already begun to be performed, digital content has been activated, or the product has been individualized at the client’s request.

Operator / Provider

LIVE MOMENT GROUP S.R.L.

IDNO / Code: 1024600086083

Registration date: 26.11.2024

Administrator: DARACCI ANDREI

This Policy shall apply and 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. 133/2011 on Personal Data Protection, as well as any other legal acts applicable to legal relationships concluded at a distance.

General Principles

The fundamental rule of this Policy is that the payment made by the client covers not only a final result, but also the immediate availability of the digital infrastructure, the reservation of technical resources, the opening and administration of the account, the activation of the memorial page, the processing of data, the allocation of the QR code, content verification, page personalization, and, where applicable, the production or ordering of individualized physical elements.

This Policy is based on the principles of freedom of contract, good-faith performance of obligations, the binding force of a validly concluded contract, and the prohibition of abusive exercise of rights.

From these principles it follows that a person may not benefit from the activation and performance of a service expressly requested by them and subsequently demand a full refund of the price merely because they changed their mind, in the absence of any non-performance attributable to the Provider.

Legal Nature of the Services and Products Offered

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

digital services performed remotely
mixed digital-physical services
personalized services and products carried out according to the client’s requirements

In particular, the platform may provide:

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

The personalized and irreversible nature of such services and products justifies a distinct legal regime compared to standard mass-produced goods or standard services that have not yet commenced.

Once the memorial page has been configured, content has been uploaded, digital identifiers have been reserved, or the production of a personalized physical item has been initiated, the Provider already incurs actual costs, uses resources, and performs acts that cannot naturally be undone merely by the client’s unilateral request.

Pre-Contractual Information and Expression of Consent

In accordance with the legislation on electronic commerce and consumer protection, the client shall be informed, prior to placing an order, of the essential information regarding:

the identity of the Provider
the characteristics of the service or product
the price
the stages of performance
cancellation rules
refund limitations
and situations of non-refundability

The submission of the order and the completion of payment shall be deemed confirmation that the user has read and understood this Policy.

For services the performance of which begins immediately or within a very short period after the order is placed, the client expressly confirms that they request the commencement of performance before the expiry of any statutory withdrawal period, where such a period applies, and accepts that, once performance has begun, a full refund may become impossible or excluded to the extent permitted by law.

General Rule Regarding Payment and the Binding Nature of the Order

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

Payment shall produce legal effects from the moment the transaction is confirmed by the payment processor or recorded in the Provider’s system.

The sums paid are due in consideration of the agreed service and for the costs of preparation, activation, and performance assumed by the Provider.

Accordingly, a mere change of mind by the client after the placement of the order shall not, in itself, create an automatic right to a refund.

This rule is legally justified by the fact that the contractual relationship is performed progressively and often begins immediately after the order is placed. In such relationships, the price does not remunerate only the delivery of a final good or outcome, but the entire process of organizing, configuring, making available, and maintaining the service.

Non-Refundability of Digital Services After the Start of Performance

Payments relating to digital services become non-refundable from the moment the actual performance of the service has begun, including, but not limited to, one or more of the following operations:

account creation
memorial page generation
access activation
allocation of hosting space
content upload and processing
QR code association
verification of materials
publication of the memorial
reservation of the necessary digital infrastructure

The legal rationale for this rule lies in the fact that, once performance has begun, the Provider’s obligation is no longer purely future in nature, but already commenced or partially performed.

Under such circumstances, a full refund of the price would upset the contractual balance and violate the principle of good-faith performance, since the client would benefit from resources and activities already consumed without bearing their cost.

Accordingly, once the performance of digital services has begun, the client may not claim a full refund of the sums paid solely on the basis of a voluntary decision to discontinue the service.

The Provider may, at its sole commercial discretion, offer:

internal credit
rescheduling
or another amicable solution

without such action constituting a general legal obligation.

Non-Refundability of Personalized Products and Individualized Orders

Products made, ordered, inscribed, configured, or adapted according to the client’s specifications, including:

memorial plaques
QR code plates
personalized physical supports
other individualized elements

shall in principle be non-refundable from the moment the process of:

personalization
production
printing
engraving
ordering from third parties
preparation for execution

has begun.

The legal basis of this rule follows from the very nature of personalized goods: they are created for a specific client, for a specific memorial, and, as a rule, can no longer be reasonably resold or repurposed for other clients.

An obligation to provide a full refund in such cases would unfairly transfer to the Provider the economic risk of a purely subjective change of mind by the client.

Accordingly, once personalization or the individualized order has begun, the client accepts that the price paid, whether in full or in part, shall be binding and non-refundable, except where the product:

is defective or non-compliant
was incorrectly produced due to the Provider’s fault
was not delivered without legal justification

Cancellation of Orders Before the Start of Performance

Complaints regarding payments, refund refusals, order cancellations, or order execution shall be submitted through the contact channels indicated on the platform, specifying the complainant’s identity, order number, payment date, payment method, stated grounds, and, where applicable, supporting documents. The Provider may request additional information to verify identity and prevent fraud.

When examining a complaint, the Provider may verify the status of service execution, account activation, memorial page creation, content upload, QR code association, delivery of physical products, electronic communications with the customer, and any other relevant technical or commercial data. Depending on the outcome, the Provider may fully or partially accept the claim, propose remediation, internal credit, re-performance, or issue a reasoned refusal.

In the event of a disputed payment, suspected fraud, initiation of a chargeback, or an investigation by a payment processor, the Provider is entitled to temporarily suspend the execution of the service or certain functionalities, request supporting documents, and share strictly necessary information with payment processors, financial institutions, advisors, or competent authorities for clarification and protection of its rights.

Filing a complaint or initiating a chargeback does not in itself terminate the contractual relationship and does not make an already activated service or a personalized product refundable in the absence of a breach attributable to the Provider or a mandatory legal remedy.

The client may request cancellation of an order only before the actual commencement of the service or before the initiation of product personalization.

Such a request shall be reviewed on a case-by-case basis, depending on:

the stage of the order
costs already incurred
operations already performed in the system

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

However, if preparatory, technical, administrative, or commercial actions have already been carried out by the time of the request, the Provider shall be entitled to retain the portion corresponding to the services already rendered and the costs already incurred.

This approach is compatible with legal requirements because this Policy does not seek to exclude the consumer’s mandatory rights, but rather to draw a precise distinction between a situation where the contract has not yet begun to be performed and a situation where performance has already been set in motion at the client’s express request.

Burden of Proof and Documentation of the Stage of Performance

In order to demonstrate the validity of a refusal to issue a refund, the Provider may lawfully retain and use records relating to:

the date of the order
the date of payment
the moment of service activation
actions carried out within the account
the date of content upload
electronic confirmations
orders transmitted to suppliers
evidence of personalization
any other relevant technical or commercial records

Such documentation is justified by the need to prove the performance of contractual obligations and to defend the Provider’s legitimate rights in the event of disputes or complaints.

Relationship with Mandatory Consumer Rights

This Policy shall apply only to the extent that it does not conflict with mandatory consumer protection rules.

Any provision of this Policy shall be interpreted restrictively where it could 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
lack of conformity
insufficient information
or other breaches attributable to the Provider

In such cases, the applicable mandatory legal rules shall apply directly, and this Policy may not be used as an instrument to exclude statutory liability.

Relevant Legal Grounds Expressly Invoked by the Provider

In support of this Policy, the Provider expressly relies in particular on:

the Civil Code of the Republic of Moldova, insofar as it governs freedom of contract, good faith, the binding force of validly concluded contracts, performance of obligations, and consumer relations
Law No. 284/2004 on Electronic Commerce, insofar as it governs contracting by electronic means, the information provided to the recipient, and the validity of online transactions
Law No. 105/2003 on Consumer Protection, insofar as it governs consumer information, contractual balance, the prohibition of abusive clauses, and remedies in case of breach
Law No. 133/2011 on Personal Data Protection, insofar as it governs the processing of data necessary for the execution of the order, the handling of requests, and the documentation of the contractual relationship
as well as any other special legal acts applicable to digital services, electronic content, online payments, and consumer protection

Final Acknowledgment

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

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

after the commencement of performance or after the initiation of personalization, shall be binding and, in principle, non-refundable.

This rule is justified both legally and contractually by:

the nature of the performance
the costs and resources consumed
the practical impossibility of restoring the parties to their previous position
and the the obligation of both parties to act in good faith

Non-refundability therefore operates not as an arbitrary penalty, but as the natural legal consequence of already commenced performance and personalization carried out at the client’s request.