This document (together with all other documents mentioned within) establish the purchasing conditions which govern the use of this website (www.matarranz1911.com) and the purchase of products therein (hereinafter “Conditions”).
It is your responsibility to read them periodically as the ones stated shall be the ones in force at the time of placing orders or using the website. If you have any question related to the Conditions or Data Protection Policies, please contact us using a contact form. The contract to come into effect is available in any language used for the Conditions on our website.
2. OUR DETAILS
The sale of articles via this website is performed under the commercial name MATARRANZ Y CIA S.L. with registered address at C/ Lagasca 21, 28001 Madrid, recorded at the Commercial Registry in Madrid, Volume 28.833, General Section, Folio 47, Page Number M-519159, entry 1ª and with Tax ID Number (NIF) B28008829, and the telephone number (+34) 91 576 15 67 and email address: firstname.lastname@example.org
3. YOUR DATA AND VISITS TO THE WEBSITE
The information or personal data which you provide us shall be handled in accordance with that set out in the Data Protection Policies and Purchasing Conditions. By using this website you are aware of the way the aforementioned information and data will be handled and you declare that all information or data provided is true and accurate.
4. USE OF OUR WEBSITE
By using this website and placing orders through this website you undertake:
- To use this website strictly for viewing items or placing orders in a legally valid fashion.
- To not place any false or fraudulent order. If it is considered reasonable that you have placed an order of this nature, we shall be authorised to cancel your order and inform the relevant authorities.
5. AVAILABILITY OF SERVICE
The items offered via this website are only available to be shipped.
6. HOW TO PLACE AN ORDER
To place an order you should follow the process for purchasing online and click on “Authorise payment”. Subsequently, you shall receive an email stating that your order request has been received (the “Order Confirmation”). Similarly, we shall inform you via email when your order is being shipped (the “Shipping Confirmation”).
7. TECHNICAL MEASURES FOR CORRECTING MISTAKES
This website displays confirmation windows in various stages of the payment process which do not allow you to continue with the order if the details have not been entered correctly. Similarly, this website provides the details of all items which have been added to the basket during the payment process, in such a way that, before making the payment, you may modify your order details. If you notice any mistake in your order after having finalised the payment, you must immediately contact customer support, via the telephone number or email address stated above, to rectify the error.
8. AVAILABILITY OF ITEMS
All orders are subject to item availability. If any problems arise in relation to item availability or no items being left in stock, we shall refund any amount you have paid.
Unless there are circumstances arising from the personalisation of items or there are any unforeseen or extraordinary circumstances, we shall send your order as stated on the Shipping Confirmation within the period indicated on the website according to shipping method selected and, in any case, within a maximum 30 day period following the Order Confirmation.
If for any reason it is not possible to meet the delivery date, we shall inform you and provide the options of either going ahead with the order with a new delivery date or cancel the order with a full refund of the paid price. Please be aware, in any case, that we do not deliver on Saturdays nor Sundays.
For the purpose of these Conditions, it shall be understood that a “delivery” has been made or that an order has been “delivered” at the time when you or any third party representing you, acquire material possession of the items, confirmed by signing receipt of the order at the agreed delivery address.
10.INABILITY TO DELIVER
If it proves impossible to deliver the order, we shall attempt to search for a secure place to leave it. If no such secure place can be found, your order shall be returned to our warehouse. Similarly, we shall leave a note explaining where the order can be found and how to arrange a new delivery attempt. If you cannot be present at the delivery address at the agreed time, we urge you to contact us to arrange another delivery time.
If 30 days have elapsed following the time your order is available for delivery, the order not having been delivered through no fault on our side, we shall understand that you wish to withdraw from the contract and we shall consider it terminated. As a consequence of the termination of the contract, we shall refund all payments received, including shipping costs (unless the additional costs were the result of choosing a particular delivery method different from the cheapest standard delivery method we offer) without undue delay and, in any case, a maximum period of 14 days following the date we consider the contract terminated.
Please be aware that the transport resulting from the termination may bear an additional cost which we shall be authorised to pass on to you.
11.TRANSMISSION OF RISK AND OWNERSHIP
The risks of the items shall pass to your responsibility at the time of delivery. You shall acquire ownership of the items when we receive the complete payment for all amounts owed, including shipping costs, or rather at the time of delivery (in accordance with the definition stated in clause 8 above), if this occurs at a subsequent time.
12.PRICE AND PAYMENT
The prices stated on the website include VAT but exclude shipping costs which shall be added to the total amount owed as set out in our Purchasing Guide – Shipping. Prices are subject to change at any time, but any possible changes shall not affect orders which have already been issued an Order Confirmation. Once you have selected all items you wish to purchase, they shall be added to your basket and the following step is to process the order and make payment.
To this effect, you should follow the steps for processing the payment by filling out or checking the information which has been requested at each step. Similarly, during the payment process but before making payment, you may modify the details of your order. A detailed description of the purchasing process is set out in the Purchasing Guide. Furthermore, if you are a registered user, the details of all orders placed can be accessed via the My Account section.
To make a payment you may use Visa, Mastercard, American Express or a bank transfer.
To minimise the risk of unauthorised access, your credit card data will be encoded. Once we receive your payment, we shall pre-authorise your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouses.
When clicking “Authorise Payment” you are confirming that the credit card is yours or that you legitimately possess the gift card or discount card used. Credit cards shall be subject to verification or authorisation by the issuing entity but if said entity does not authorise payment, we shall not be liable for any delay or non-delivery whatsoever, and we shall not enter into a contract with you.
13.PURCHASES AS A GUEST
This website also allows purchases using the “pay as a guest” feature. This form of purchase shall only request the essential details needed to process your order. Once the purchasing process has been completed, it will offer the option to register as a user or continue as a non-registered user.
14.VALUE ADDED TAX AND INVOICING
In accordance with Article 68 of Spanish Law 37/1992 dated 28 December on Value Added Tax, the delivery of items shall be deemed located in the territory of application for Spanish VAT (IVA) if the delivery address is located within the Spanish territory except the Canary Islands, Ceuta and Melilla. The type of VAT applicable shall be legally enforceable at any time pursuant to the article in question.
For orders to the Canary Islands, Ceuta, and Melilla, deliveries shall be VAT exempt by applying Article 21 of Spanish Law 37/1992 notwithstanding the application of related taxes and duties pursuant to the current regulations in each of these territories. You expressly authorise us to issue an invoice in electronic format. Notwithstanding, you may inform us at any time of your desire to receive an invoice in paper format, in which case, we shall issue and send the invoice in this format.
15.1 The legal right to cancel your purchase
Right to cancel
If you are contracted as a consumer and user, you have the right to cancel this contract within a 14 natural day period without having to justify it. To exercise your right to cancel, you must notify us, MATARRANZ Y CIA S.L., by either writing to the address C/ Lagasca 30, 28001 Madrid, phoning (+34) 91 576 15 67, writing to an email to email@example.com or by using our contact form, and stating your decision to cancel the contract using a clear statement (for example a postal letter or email).
You may use a sample cancellation form which features as an Annex to these Conditions, although its use is not obligatory. In order to comply with the cancellation deadline, it is enough that the notice to exercise this right is sent before the corresponding period expires.
Consequences of cancellation
If you decide to cancel, we shall refund all payments received, including shipping costs (unless the additional costs were the result of choosing a particular delivery method different from the cheapest standard delivery method we offer) without undue delay and, in any case, a maximum period of 14 natural days following the date you informed us of your decision to cancel this contract. We shall proceed to refund you using the same method of payment used by you when making the initial payment. No costs shall be incurred as a consequence of the refund. Not withstanding the foregoing, we shall withhold the refund until we have either received the goods, or have received proof of return for the goods.
You must return or deliver the items directly to any MATARRANZ Y CIA S.L. shop without undue delay and, in any case, a maximum period of 14 natural days after the date you communicated your decision to cancel the contract. The deadline shall be considered met if the return of the goods has been made before the stated deadline has ended.
If you do not return the goods to any MATARRANZ Y CIA S.L. shop in person you must assume any direct costs from sending the goods.
You shall be solely responsible if the value of the goods decreases due to mishandling which alters the quality, characteristics and functionality of the goods.
15.2 Contractual right to cancel
You shall be solely responsible if the value of the goods decreases due to mishandling which alters the quality, characteristics and functionality of the goods.
If you return the items within the contractual period of the right to cancel, but once the legal period has elapsed, you shall only be refunded the paid price for said items. You shall be liable for the direct costs of sending items when you do not return in person to a MATARRANZ Y CIA S.L. shop.
You may exercise your right to cancel as provided in clause 15.1 above, if you communicate your intention to cancel the contract within the legal cancellation period, you must in any case return the items within a 30 day period following the item delivery date.
15.3 Common provisions
You shall have no right to cancel a contract which includes any of the following products:
- Customised items
- Items without their original packaging
- Goods sealed for hygiene reasons which have been unsealed after delivery
Your right to cancel the contract shall be exclusively applied to those items which are returned in the same condition in which you received them. No refund will be given if any item has been used beyond merely opening it, if the items are not in the same condition they were delivered in, or have suffered any damage. Therefore please be careful with items when they are in your possession. Please return the item using, or including all original packaging, instructions, and other accompanying documents. In any case items must be returned along with the receipt sent with the duly completed delivery.You shall find a summary of how to exercise the right to cancel when you receive the order.
You can make returns to any MATARRANZ Y CIA S.L. shop in person so that the item can be received along with the receipt sent with the duly completed delivery. This form of return shall not incur any additional cost to you.
The exchange of an item must be made within a delivery period of 30 days following the date the item was purchased, under the following conditions:
- The item must not be used, washed, altered, nor damaged.
- You must provide the purchase receipt.
- Except for applicable legal provisions, no refund will be given.
MATARRANZ Y CIA S.L. reserves the right to check the items before giving a refund or exchange.
You may also contact us via our contact form or directly return the item to the address stated on the purchase receipt.
We urge that you return the item as soon as possible together with the duly completed receipt to the address stated on the receipt. You are solely responsible for the costs incurred from returning items.
Please bear in mind that if you decide to return the items via appropriate postage means, we shall be authorised to charge you for any costs we may incur. After having examined the items we shall inform you if you shall be refunded for the amount paid. The refund of transport costs only, shall be made when the right to cancel is performed within the legal period and the all items of the order in question are returned. The refund shall be made as soon as possible and, in any case, within a 14 day period following the date you informed us of your desire to cancel. Notwithstanding, we may withhold the refund until we have either received the goods, or received proof of return of the goods. Refunds shall always be made using the same payment method you used to make the purchase. You shall assume all costs and risks for returning the items, as previously indicated. If you have any doubts, you may contact us via our contact form or by calling (+34) 91 567 15 67.
15.4 Returns for the Canary Islands, Ceuta and Melilla
You may exchange or return any item delivered to the Canary Islands, Ceuta, or Melilla by visiting any MATARRANZ Y CIA S.L.shop in accordance with that set out in this clause. If this is not possible you must contact us on (+34) 91 567 15 67 to arrange for the collection of the item by messenger which we shall send free of charge or by sending the item to us at your own expense.
15.5 Returns of defective items
When you receive a delivery and you consider that it does not conform with that stipulated in the contract, you must contact us immediately via a contact form or telephone (+34) 91 567 15 67 providing the details of the item as well as the damage it has suffered, and we shall inform you of how to proceed.
The item may be returned to any of our MATARRANZ Y CIA S.L. shops. We shall then closely examine the returned item and inform you via email within a reasonable period if you will be provided with a refund or a replacement item (as applicable).
The refund or replacement of the item shall be made as soon as possible and, in any case, within a 14 day period following the date we sent you the email confirming whether or not the refund or replacement is applicable.
The amounts paid for these items which are returned due to a truly existing fault or defect, shall be refunded in their entirety, and shall include the shipping costs incurred for both delivering and, if applicable, returning them to us. Refunds shall always be made using the same payment method you used to make the purchase, unless the refund is made using a gift card. In this case, the refund shall be made using a MATARRANZ Y CIA S.L gift card. In any case the rights recognised by current legislation remain enforceable.
If you purchase as a consumer and registered user, we offer guarantees on the products we sell on this website, in the terms legally established for each type of product, thus, accounting for the latter if they do not meet the level of conformity two years after being delivered.
It is understood that the items conform with the contact always when (1) they comply with our description and possess the qualities stated on the website, (2) they are suitable for the uses usually expected for this type of item and (3) they possess the quality and features usually expected for this type of product of a reasonable nature. In this sense, if any of the products do not conform with this contract you must make us aware by following the procedure detailed in section 17.5 above and via any of the communication methods stated above.
All of our products are liable to possible shrinkage when washed, we aim to offset this by leaving an excess of 2 cm/metre in cotton items and 5 cm/metre for linen items.
The products we sell, especially handicraft items, may often show the characteristics of the natural materials used for their manufacture. These characteristics, such as variations in grain, texture, knots, and colour shall not be considered defects nor faults. On the contrary their presence should be appreciated. We only select high-quality products, but natural characteristics are inevitable and should be accepted as part of the item’s individual appearance.
17.LIABILITY AND EXCLUSION OF LIABILITY
Unless expressly stated contrary to these Conditions, our liability in relation to any product bought from our website shall be strictly limited to the purchase price of said product.
Notwithstanding, and aside from legal provision to the contrary, we accept no responsibility whatsoever for the following losses, regardless of their cause:
- Loss of earnings or sales
- Loss of business
- Loss of profit or loss of contracts
- Loss of anticipated savings
- Loss of data
- Loss of management time or office hours
Due to the open nature of this website and the chance that there may be errors in the storage and transfer of digital information, we cannot guarantee the accuracy and security of the information sent or obtained on this website unless otherwise expressly stated therein.
18.INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and are aware that all copyright, registered trademark, and other industrial and intellectual property rights for the materials or contents contained in this website shall always belong to us or those who grant the licence of its use. You may make use of said material only if expressly authorised by us or those who grant the licence for its use. This shall not impede the use of this website to the extent necessary for copying your order details or Contact details.
19.VIRUSES, PIRACY, AND OTHER CYBER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other programme which is technologically harmful or damaging. Do not attempt to gain unauthorised access to this website, the server where this page is hosted, nor any other server, computer or database associated with our website. You undertake not to attack this website using a denial-of-service attack nor a distributed denial-of-service attack.
Failure to comply with this clause may cause infringements typified by the applicable regulations. We shall report any breach of this regulation to the relevant authorities and cooperate with them to discover the identity of the attacker. Similarly, in case of a failure to comply with this clause, you shall be immediately unauthorised to use this website. We shall not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technological harmful or damaging programme which may affect your computer, computer equipment, or data as a result of using this website or from downloading content from the website or from other websites to which it redirects.
20.LINKS FROM OUR WEBSITE
If our website contains links to other websites and third party content, said links are provided for information purposes only, given that we have no control over the content of those websites. Therefore, we accept no responsibility whatsoever for any damage or loss resulting from their use.
The applicable regulation requires that part of the information or communication we send you be in writing. By using this website you accept that most of said communication be in electronic format. We shall contact you using email or provide you with information using website notifications. For contractual effect you acknowledge to use this electronic form of communication and recognise that all contracts, notifications, information, and other communication which we send you in electronic format comply with the legal requirements of being in writing. This condition shall not affect your statutory rights.
The notifications you send us should be sent preferably using our contact form. In accordance with that provided by clause 22 above and unless stipulated to the contrary, we can communicate with you via the email or postal address you provided when placing an order.
Notifications shall be understood as received and correctly made the moment they are posted on our website, 24 hours after having sent an email, or three days after having posted any paid letter. To test if the notification has been successfully made, it shall be sufficient to test, in the case of a letter, that it has the correct address, it was correctly stamped, and was duly given to the post office or placed in a letterbox and, in the case of an email, that it was sent to the email address specified by the recipient.
23.TRANSFER OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and us, as well as for our respective successors and assigns.
You may not give, grant, or in any other way transfer a contract or any other rights or obligations related to the same, without having obtained our prior written consent.
We may give, grant, or in any other way transfer a contract or any other rights or obligations related to the same, at any time during its validity. To avoid any doubt, the aforementioned transfers, grants, charges, or other transfers shall not affect the rights which, in your case as a consumer, have recognised by law nor will they cancel, reduce, or limit in any form whatsoever the guarantees, both tacitly expressed which we may have been able to grant.
24.EVENTS BEYOND OUR CONTROL
We shall not be responsible for any non-compliance or delays in compliance for any of the assumed obligations when they are hindered by events beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission, or accident which is beyond our reasonable control and among others, shall include:
- Strikes, lockouts or other industrial action.
- Civil commotion, riots, invasions, terrorist threats or attacks, war (declared or not) or the threat or preparation for war.
- Fire, explosions, storms, floods, earthquakes, subsidence, epidemic, or any other natural disaster.
- The inability to use trains, boats, aeroplanes, motor vehicles, or other modes of public or private transport.
- The inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions from any government or public authority.
It shall be understood that the obligations will remain suspended during a period where Force Majeure continues, and we shall provide an extension to the term needed to fulfil our obligations for a time period equal to that the Force Majeure event lasts. We shall strive to take all reasonable means to end the Force Majeure event or to find a solution which allows us to fulfil our obligations in spite of the Force Majeure event.
Our lack of requirement to comply strictly with any of the obligations assumed by you by virtue of the contract or these Conditions, or our failure to exercise the rights or actions which may correspond to us by virtue of said contract or Conditions, shall not imply a waiver nor limitation in relation to said rights or actions nor exonerate you from complying with such obligations.
No waiver from us for a specific right or action shall suppose a waiver of other rights or actions resulting from a contract or the Conditions.
No waiver from us for some of these Conditions or the rights or actions resulting from a contract will deliver effect, unless expressly established that it is a waiver and formalised and communicated by you in writing in accordance with that set out in the section on Notifications above.
If any of these Conditions or any contract provision were declared null and void by the final decision of a competent authority, the remaining terms and conditions shall remain enforceable, unless being affected by said nullity statement.
These conditions and all documents which make express reference to the same, constitute an integral existing agreement between you and us in relation to the object of the same and supersede any previous deal, agreement, or promise made between you and us either verbally or in writing.
Both you and we recognise having consented to enter into an agreement without having relied on any statement or promise made by the other party or on what may be inferred from any statement or writing made during active negotiations by both before said agreement, except that which figures expressly mentioned in these Conditions. Neither you nor we will have at our disposal any action before any untruthful statements made by the other party, either verbally or in writing, previous to the date of a contract (unless the statement was made with fraudulent intentions) and the only action available to the other party shall be non-compliance of the conformance contract set out in these Terms.
28.OUR RIGHT TO MODIFY THESE TERMS
29.APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for purchasing items through said website shall be governed by Spanish law. Any dispute which may arise or correlate with the use of this website or said contracts, shall be subject to the non-exclusive jurisdiction of Spanish courts and tribunals.
If you are engaged as a consumer, nothing in this clause shall affect the rights recognised by the current legislation.
30.COMMENTS, SUGGESTIONS, CLAIMS AND COMPLAINTS
We are happy to receive your comments and suggestions. We urge you to send us your comments and suggestions as well as any other queries, complaints or claims via the contact form, telephone number, postal address, or email address indicated in clause 2 of these Terms.
Furthermore, we have official complaint forms available to all consumers and registered users. You may request them by calling (+34) 91 567 15 67 or via our contact form.
Your complaints and claims raised before our customer service team shall be addressed as soon as possible and, in any case, within the maximum term of one calendar month. Similarly, they shall remain registered with an identification code which we will give you, allowing you to follow up.
If you as a consumer consider that your rights have been violated, you can direct your complaints to the following email address firstname.lastname@example.org in order to request an extrajudicial dispute settlement.
Accordingly, if you purchased from us online using our website, in accordance with European Union Regulation Nº 524/2013, we would like to inform you that you have the right to request from us an extrajudicial dispute settlement for goods using the website http://ec.europa.eu/consumers/odr/
Last modified: 28 November 2016
En el siguiente enlace puede descargase el Modelo de formulario de desistimiento:documento pdf.