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Previous information
The present Terms and Conditions shall govern the purchase and sale of the products that Mar de Madera (hereinafter, “THE OWNER”) markets through the site https://mardemadera.com and .es (hereinafter, the “Web Site”).
The data of the OWNER are as follows:
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Name of the Trademark: MAR DE MADERA
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Name of Web Site Owner: Jorge Carmena Ortega
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Tax Address: Pza. Maestro Tárrega, 2 – 3 – 1 , 28100, Alcobendas, Madrid.
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TAX IDENTIFICATION NUMBER: 05436379 – F
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Contact information: info@mardemadera.es
2. Acceptance of Terms and Conditions and access to the Web Site
By using the services of the Website, the user (hereinafter, the “User” or “Users”) accepts these Terms and Conditions, which define the rights and obligations of THE OWNER and the user regarding the contractual relationship arising from the use of the products and services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice that for certain services there may be particular conditions) and to the contracting of orders through the Web Site and replace any other conditions.
3. Object
This Website has been developed by THE OWNER for the purpose of offering Users the purchase of personalized items, decorative items, stationery, accessories and gifts (hereinafter, the “Products”).
At the time of choosing the Products of THE OWNER, the User shall choose the corresponding model. The purpose of these general conditions is to regulate the sale of these Products to Users.
4. Information requested to the User
Users must provide accurate, truthful, current and complete information as requested in the order form section of the Website product(s).
Among other aspects, the User must indicate in this order form, his contact details (name, surname, Product delivery address, telephone, e-mail, payment method, ID, etc.).
5. Use of the Web Site
Users undertake to make a lawful, diligent, honest and correct use of any information or content they have access to through the Web Site and all this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
THE HOLDER reserves the right to terminate the membership of those Users who are misusing their account, performing fraudulent acts or who harm or may harm THE HOLDER.
In the event that THE HOLDER detects any anomaly or there are reasonable grounds that a User is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, THE HOLDER reserves the right to terminate such User, including all those Users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may apply.
In this regard, THE HOLDER declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter the general conditions of use of the account by Users.
THE HOLDER reserves the right not to grant an account when it has reasonable and reasonable grounds to believe that a User has violated these Terms and Conditions.
6. Orders and terms of sale
THE HOLDER carries out orders to all the Spanish peninsular territory with the exception of Ceuta, Melilla, the Balearic Islands, the Canary Islands.
THE OWNER is at no time responsible for the texts or images that the User details or provides to customize the products.
Likewise, the User accepts and authorizes, that the products of his order with their personalization included may be photographed for the mere purpose of advertising on social networks or any other means, without ever giving details of the User or confidential data.
In this regard, THE HOLDER shall inform the User of all costs and expenses (transportation costs, duties/taxes, etc.) that may be incurred in connection with the completion of the order, whether at the national level already mentioned, and which shall be borne by the User himself, exempting THE HOLDER from payment or payment of any costs related to this concept.
In order to make a purchase, Users must complete the order form on the Website.
As a general rule, THE OWNER will not intentionally offer for sale more units than it has available, except for human error beyond any willful deception.
However, THE OWNER manages stock on a “just in time” basis, and as a result situations may arise in which a User proceeds to purchase a quantity of items or a specific item that, at that time, is not physically in THE OWNER’s stock and therefore cannot be delivered to the User immediately.
In these cases, THE HOLDER will inform the User of the unavailability of the quantity of products or product requested and that, for that reason, the receipt of the items could suffer a delay, specifying the approximate date of delivery and allowing the User, in any case, to proceed to replace the items ordered by others of similar characteristics, or to cancel the order if so requested, proceeding to the refund of the amounts paid as soon as possible and through the same method of payment that has been made.
Taking into account the above, THE OWNER may likewise, and at the User’s request:
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Ship all products together, as soon as these out-of-stock products are available again;
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Proceed to a partial shipment of the products available at that time, and send the rest of the order when the others are available, with express mention of the additional transport costs that may arise;
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Propose an alternative product(s) of equivalent quality and price, accepted by the User; or
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In the event that the User decides to cancel his order for products that are not available in stock, he will be reimbursed for all sums paid for such products as soon as possible.
THE OWNER may also offer its Products on a “made-to-order” basis for those items that have or require special features (such as, for example: die-cut key rings, name magnets, etc.) that are fully customized.
Information on the Products and Services of THE OWNER
The data included on the Website in the Product descriptions are for information purposes only.
Therefore, THE OWNER disclaims any responsibility for the appearance of errors in such information, although it undertakes to take all measures within its power to correct as soon as possible the errors or omissions after having been informed of them. The customer also accepts that the products purchased are made of wood and natural materials that may have flaws typical of being in this way and that THE HOLDER can not control.
7. Prices and payment
Once the products have been selected and saved in the shopping cart, the User must click on the cart, verify that the contents of the order are correct and proceed to the payment of the selected products. In this regard, in order for the User to proceed with the payment of his order, and in case he has not yet done so at the time of the purchase form, the User will be invited to identify himself or register through the registration form of the Website, where he will also be able to follow the status of his orders.
In view of the above, all prices of the Products indicated through the Website are expressed in Euros and include VAT and any other taxes that may apply.
As for the method of payment, the User may pay the amount corresponding to his order by the means of payment accepted on the Website.
Once the payment has been made, THE HOLDER will automatically send an email to the User confirming the details of the purchase made by sending a copy of the acknowledgement of receipt to the email address specified by the User in the registration form of the Website, provided that the email address provided in the form is correct.
In this regard, THE HOLDER will not send any order confirmation by postal or telematic mail.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The User must notify THE HOLDER of any undue or fraudulent charge on the card used for purchases, by sending an email to the following email address: info@mardemadera.esThe HOLDER shall be notified in the shortest possible time so that THE HOLDER can take the appropriate steps in relation to the specific matter.
8. Deadlines, place of delivery and losses
8.1. Product Delivery
THE OWNER undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimize delivery, the User must indicate an address to which the order can be delivered during normal business hours.
In this regard, and in accordance with the provisions of Article 123 of Royal Legislative Decree 1/2007, of November 16, 2007 (hereinafter referred to as the “Consumers and Users Law”) in the case of fragile products or products of a similar nature (such as, for example, a glass or chinaware item), the user must report any damage to the product within 24 hours of receipt at the delivery address specified by the User on the order purchase form. In the event that this communication does not occur within the period indicated above, THE OWNER shall not be liable for such damage and the User shall not be entitled to a refund.
On the other hand, THE HOLDER shall not be liable for errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, THE HOLDER undertakes to take such measures as are within its power, so that the delivery of orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
8.2. Delivery and notification period
On the other hand, and in relation to the delivery time, the User must take into account that all the dates specified in this section will be of an estimatory nature.
The User will receive the Product purchased through the Website within approximately:
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Between 6 and 9 working days after THE HOLDER confirms receipt of the order request, when delivery is made within the Spanish peninsular territory.
Likewise, for those cases in which the User has chosen the “Express Delivery” mode for the purchased product, the delivery time will be approximately:
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72 hours from the moment THE HOLDER confirms receipt of the order request, when delivery is made within the Spanish peninsular territory.
Notwithstanding the foregoing, Users are informed that the delivery dates stipulated shall be of an estimated or approximate nature.
The User must take into account that in certain dates and periods of the year the delivery time of the shipments (such as, for example, the Christmas season, Black Friday, etc.) could be affected by the saturation of the means of transportation and that in addition to the customized products require more time of processing. Therefore, it is recommended to reserve and/or purchase the items of interest sufficiently in advance so that they arrive at their destination on the dates desired by the User.
THE HOLDER informs you that it will not make deliveries on Saturdays and Sundays or on national or community holidays, or on those days that coincide with local holidays that may affect the related transport activities.
In the event that the User wishes to receive the products purchased through THE HOLDER outside the delivery days/times foreseen in the Standard and Urgent modalities, the user must communicate this directly to THE HOLDER at the e-mail address info.@mardemadera.es THE HOLDER reserves the right to accept or reject such request.
In this regard, THE HOLDER will proceed to inform the User by e-mail of its decision regarding the confirmation or rejection of that order outside the days/times available in these Terms and Conditions.
In the event that the User cannot be located at home, THE HOLDER courier will leave a notice indicating where the order is located and how to proceed with its collection.
8.3. Diligence in delivery
The User must check the condition of the package with the carrier delivering the Product ordered.
If the User detects any anomaly in the Product, he/she must indicate it in the delivery note and in turn communicate it to THE OWNER by e-mail to the following e-mail address: info@mardemadera.es
9.- Exchanges, returns and withdrawal rights
9.1. Returns due to manufacturing defects.
All products offered through the Web Site shall be completely original, unless otherwise indicated in their description. Likewise, all of them will have a warranty period of 2 years from the reception of the product, according to the criteria and conditions described in the Law of Consumers and Users, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws that may be applicable. Such warranty shall be provided by the supplier of the product.
In this regard, during the warranty period, it shall be THE OWNER of the Website who shall bear the costs that may be incurred in connection with the collection of the returned product (such as, for example, costs relating to transport).
In view of the foregoing, it shall be understood, in the absence of proof to the contrary, that the products are in conformity with the contract provided that they meet all the requirements set forth below:
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Conform to the description made by THE OWNER and possess the qualities of the product that THE OWNER has presented to the user;
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are suitable for the uses to which products of the same type are ordinarily put; and
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present the usual quality and performance of a product of the same type that the User may reasonably expect, taking into account the nature of the product.
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It should be noted that the OWNER reserves the right to make minor modifications to the product for each screen and for the images published.
The customers of THE HOLDER benefit from the guarantee given by the different manufacturers of each of the articles. Defects or flaws due to incorrect use or handling of the material or wear and tear caused by the use of the same are not included in this warranty. The loss of functionality of the articles, due to the design limitations of the same, are also excluded from the coverage of this warranty.
9.2. Returns and exchanges
Mar de Madera does not offer this service since each and every product is personalized and cannot be exchanged due to the exclusivity of each product for each customer. It is therefore very important to bear in mind that once the automatic order confirmation email is sent, it is not possible to cancel the order or return the product.
9.3. User’s right of withdrawal
All the products offered by THE OWNER are individually customized at the customer’s request, and for all its products that have been made according to the user’s specifications, such as any item with a name, logo or specific number, or made according to specific measures, the COMPANY will not proceed to its return, and this in accordance with Article 103- “Exceptions to the right of withdrawal” of the Law of Consumers and Users.
10.- Responsibility
THE OWNER does not grant any warranty and shall not be liable, in any case, for damages of any nature that may arise from access to or use of the contents or the Website. Among others, and by way of example and not limitation, THE OWNER is not responsible for the following circumstances:
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Loss, damage, retention or delay in the delivery of the order due to fortuitous causes, force majeure or acts attributable to the User;
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For the lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, such as, for example, errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of THE HOLDER;
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The lack of usefulness of the Web Site or the contents for any service;
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Of the content of other websites to which links or links inserted in THE HOLDER’s Website may be directed;
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The existence of viruses, malicious or harmful programs on the Web Site; and
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The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Website or its contents, by Users, including any infringement of the intellectual and/or industrial property rights of THE OWNER or third parties.
In any case, THE OWNER undertakes to solve the problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident.
11.- Intellectual Property
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by THE OWNER, or third parties who have expressly authorized THE OWNER to use them on its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject, as well as Law 17/2001, of December 7, 2001 on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including its mode of making available, all or part of the contents of the Website, in any form and by any technical means, unless expressly authorized in writing by THE OWNER.
THE OWNER does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transfer, license or total or partial transfer of such rights by THE OWNER.
Any use of such content not previously authorized by THE HOLDER will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
12.- Protection of personal data
THE HOLDER undertakes to process the personal data of its Users in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
In this sense, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights:
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Access to your personal data;
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request the rectification of any inaccurate data;
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request the deletion of your data;
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request to limit the processing of your data;
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object to the processing of your data;
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exercise your right to be forgotten; and
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request the portability of your data. Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.
The User may exercise all these rights at the following e-mail address: info@mardemadera.es indicating the reason for his request and providing a copy of his ID card.
13.- Modifications
The information appearing on this Web Site is current as of the date of its last update. THE OWNER reserves the right to update, modify or delete information on this Website, as well as these Terms and Conditions, the privacy policy or any other information.
The entry into force of the modifications of the terms and conditions will take place from the moment of their publication on this Web Site.
14.- Nullity and effectiveness of the clauses
If any clause included in these Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the rest of the clauses shall remain in force, and such clause, or the part thereof that is affected, shall be deemed not to have been included.
15.- Right of exclusion
THE HOLDER reserves the right to deny or withdraw access to the portal and / or services offered without notice, at its own request or at the request of a third party, to those Users who violate these Terms and Conditions.
16. Applicable Law and Jurisdiction
These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.
