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Legal Notice, General Terms of Use and Purchase Conditions

Legal notice, General Terms of Use and Purchase Conditions

 

These Terms of Use and Purchase Conditions (hereinafter, “Conditions”) establish the terms governing the use of this website (www.mmarti.es) and the purchase of products on it, together with the Privacy Policy and Cookies Policy.

 

The Conditions may be modified without the need for prior notice, so you should always read them before making the purchase. These are at your disposal for your consultation, file or printing at any time.

 

We inform you that MARTA MARTÍ, S.L. is the owner and company in charge of centralizing the commercialization of the products advertised on this website. Thus, these Terms of Use and Purchase Conditions apply to the relationship between MARTA MARTÍ, SL, (hereinafter, “MARTA MARTÍ” or the “Company”) and you (hereinafter, the “Client”), regarding all those transactions carried out on the website www.mmarti.es (hereinafter, “On-line Store”).

 

MARTA MARTÍ, S.L. (MARTA MARTÍ), with address at Calle Muntaner 425, entlo. 1ª, 08021, Barcelona, ​​with C.I.F. B66688045. Tel. (+34) 932 503 706 is a commercial entity registered in the Mercantile Registry of Barcelona in Volume 45191, Folio 34, Page B 479791.

 

 

  1. Customer data.

 

The information or personal data provided by the Client will be treated in accordance with the provisions of the General Privacy Policy of MARTA MARTÍ, as well as the specific privacy policies of each web form.

 

By accessing the Web, the User declares that he is of legal age and that he has the necessary legal capacity to contract the products and services offered on the Web in accordance with these Conditions of Use, which he also declares to fully understand and accept.

 

In this regard, Marta Martí reserves the right to verify the veracity of the data provided by the Users, especially her age.

 

Likewise, by making use of this website, the Client consents to the processing of their data and states that they are true and correspond to reality, becoming a User. Therefore, the Client undertakes not to misuse the website and:

 

Make use of this website only to make legally valid inquiries or orders.

Not to reproduce, distribute, publicly communicate, transform or modify the Website or any of its contents, including these Conditions of Use, regardless of the purpose of said use, without prior authorization.

 

Do not make any false or fraudulent order. In the event of evidence of falsehood or fraud, the order will be canceled and the relevant authorities will be informed, not assuming any type of responsibility for the damages and / or expenses that may arise from it.

 

Provide an email address, postal address and / or other contact information truthfully and accurately.

 

You will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. Failure to comply with this clause could lead to the commission of offenses classified as crimes in accordance with the provisions of the Penal Code.

 

Insert in foreign websites, platforms, forums, chats, blogs or social networks any type of link or link that allows linking or reproducing the Website or its contents with said websites, platforms, forums, chats, blogs or social networks Unrelated except if the link only links directly to the main page of the Web or the App without being able to reproduce it in any way.

 

Link or reproduce the Web or its contents from third-party websites, platforms, forums, chats, blogs or social networks that are contrary to the law, offensive or threatening human dignity, fundamental rights or one’s own and / or are susceptible to be considered criminal.

 

Introduce and / or disseminate on the Web content that violates human rights and the dignity of people, such as racist, xenophobic, pornographic content or that represents an apology for terrorism.

 

MARTA MARTÍ will not assume any responsibility for people who breach these Conditions of Use, current applicable regulations or are minors.

 

 

  1. Access to the Web and purchase of products.

 

Through the Web, Users are offered the possibility of contracting the services offered by MARTA MARTI.

 

The products offered on this website are available throughout Europe, the US and Latin America.

 

All product orders are subject to availability. In the event of supply difficulties or in the event of a lack of stock, MARTA MARTÍ will inform you by email and will reimburse the Customer for any amount that may have been paid in the event of wanting to cancel the purchase.

 

 

  1. Orders

 

It is necessary to register on the website to place orders. You must go to Account to register or to log in.

 

Purchase method. To place an order, the Customer must follow the online purchase procedure. Subsequently, the Customer will receive an email acknowledging receipt of his order (“Order Confirmation”) within 24 hours after it. The Customer will also be informed, by email, that the order is being shipped (“Shipping Confirmation”). Likewise, the Client can check the status of his order in “Account”.

 

Each User may only register once, multiple registrations by the same User being expressly prohibited. Registration on behalf of third parties or using the data of third parties without their prior consent is not allowed.

 

Shipping. The delivery period for the products will be in Spain and Europe from 3 to 7 business days, the United States and Latin America from 5 to 15 business days, from the date of shipment confirmation. The delivery period for the sizes indicated at each specific product will be in Spain and Europe from 5 to 6 weeks, United States and Latin America from 7 to 8 weeks.

 

The shipping cost of all orders in mainland Spain is 5€ and the Balearic Islands is 9 €.

 

The delivery time for Knitwear products will be in Spain in the colors white and ecru from 3 to 7 working days, USA and Latin America from 5 to 15 working days, from the date of shipment confirmation. And, the rest of the colors of the Knitwear products will be in Spain from 10 to 20 business days, the United States and Latin America from 20 to 25 business days, from the shipping confirmation date.

 

The shipping cost to the rest of the areas will be calculated automatically and will be detailed at the time of confirming the purchase, so that it is always approved by the customer before confirming the payment.

 

No shipments are made on Saturdays, Sundays or holidays.

 

Once the order is placed, an email will be sent to confirm the purchase.

 

In the event that there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, MARTA MARTÍ informs you that delivery times may be subject to variations.

 

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase, establishing a new delivery date, or the possibility of canceling the order with a full refund of the price. paid out.

 

For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which the Customer, or a third party indicated by the same, acquires material possession of the products, which will be credited by signing the receipt of the order at the agreed delivery address.

 

In case of impossibility at the time of making the delivery of the order, it will be the user who will agree with the transport company the new delivery.

 

Consultation of the order. The Client can track their orders by visiting “My Account.” There, the Client will be able to see the history of their orders, as well as their status.

 

Cancellation of orders. MARTA MARTÍ reserves the right to cancel any order (even if it has been previously accepted), not being responsible for any damage and / or expense, in the following cases:

 

When an inadvertent error has occurred in the online store; for example, a payment or stock error;

When there are reasons to believe that the Client is a minor or that the credit card to be used does not comply with the requirements described in these Conditions-

When the payment information provided by the Client is incorrect or not verifiable.

 

In the event of any of these assumptions being identified, MARTA MARTÍ will notify you duly via email, in order to be able to resolve the problem before taking any action.

 

 

  1. Non-conformity of the product.

 

Once the order is received, it is recommended that the Customer check its status and, in the event of identifying any defect or non-conformity, he / she may choose to resolve it or replace the product with a new one in good condition, without additional charges.

 

In the event that the product arrives broken, damaged or incorrect, the customer will have 48 hours to report the incident, after this time the warranty may no longer apply.

 

This party will not be liable for breakages and / or damage to jewelry that is not due to a factory defect or due to improper use of the product.

 

 

  1. Prices and taxes.

 

The prices of the products that appear on the website are those that apply at the time of purchase. Prices may be subject to change without notice, but will not affect orders that have already been accepted.

 

All product prices, shipping costs and other services include VAT. Shipping costs are added per order. MARTA MARTÍ will always report the total price, including all taxes and other costs such as fees and possible delivery costs.

 

The Client expressly authorizes MARTA MARTÍ to issue the invoice in electronic format, although they may indicate to us at any time their willingness to receive a paper invoice, in which case, we will issue and send the invoice in said format.

 

 

  1. Policy of exchanges and returns.

 

If for any reason the Customer is not satisfied with the purchased product, they have 15 (fifteen) calendar days from receipt to return it.

 

MARTA MARTÍ will proceed to reimburse the full amount of the product price using the same means of payment used by the Client for the initial transaction.

 

The refund will be made within 15 calendar days following receipt of the merchandise at MARTA MARTÍ’s warehouses. Shipping or return costs will not be reimbursed, if applicable, which will be borne by the customer. The return of the product will only be accepted if it is in its original condition and without having been used, cleaned or damaged in any way. It should include all labels, tapes, and seals. Likewise, the packaging and all the contents of the original package such as cotton bags, covers, hangers or gifts that could accompany the order, instructions and original documents that accompanied it must be returned, within a period of 15 calendar days from the receipt of the order. , taking as reference for this purpose the date that appears on the delivery note of the carrier.

 

The return of personalized items will not be allowed, as well as those that due to their circumstances are of special sensitivity, such as jewelry, for reasons of health protection or hygiene, in accordance with the provisions of article 103.e) of Real Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

 

A carrier can collect the product to be returned at the address chosen by the Customer. The items to be returned must be delivered with their corresponding certificate of authenticity.

 

The period in which the Client will see the payment reflected in his account will depend on his bank, being in a maximum of fourteen days.

 

MARTA MARTÍ may withhold the reimbursement until the products have been received, or until they have presented proof of their return.

 

The Client must return or deliver the goods directly without any undue delay and, in any case, no later than 15 calendar days from the date on which they notify us of their decision to withdraw from the contract.

 

Said return will be made under the responsibility and expense of the buyer, attaching the purchase receipt and the corresponding certificate of authenticity. The piece must be in perfect condition and in its original packaging.

 

In the event that you exercise the right of withdrawal, you will only be responsible for the decrease in value of the products resulting from a manipulation of them other than that necessary to establish their nature, their characteristics or their operation.

 

  1. Right of withdrawal.

 

The Client has the right to withdraw from this contract prior to its receipt within a period of 14 (fourteen) calendar days without the need for any justification. However, the customer will not have the right to withdraw if the product is a personalized product or it is a product that can deteriorate quickly.

 

To exercise the right of withdrawal, it is necessary for the Client to notify MARTA MARTÍ of the decision to withdraw from the contract, through an unequivocal statement through the email info@mmarti.es

In case of withdrawal, MARTA MARTÍ will return to the Customer all the payments received after the purchase, without any undue delay and, in any case, no later than within 14 calendar days, counting from the date on which they inform us of the decision. to withdraw from this contract.

 

MARTA MARTÍ will proceed to make said reimbursement using the same means of payment used by the Client for the initial transaction.

 

 

  1. Alert of counterfeits.

 

MARTA MARTÍ products are exclusively available on the website. Buyers should beware of products that may be sold through unauthorized channels. To avoid confusion, when buying in any authorized establishment, a certificate of authenticity is issued, which certifies the legitimacy of the product, and its validity with respect to any imperfection in production.

 

  1. Intellectual and industrial property rights.

 

The Web and its contents are subject to protection in application of current national regulations on Intellectual and / or Industrial Property. MARTA MARTÍ is the owner or has duly licensed all the Intellectual and Industrial Property rights on the Web, and its contents.

 

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of exploitation, whether or not it has commercial purposes, of the Web or its contents, without prior and express consent.

 

MARTA MARTÍ reserves all Intellectual and Industrial Property rights on the Web, and its contents. In no case and under no circumstances does access to the Web or use of both constitute or imply an assignment of any kind of the Intellectual or Industrial Property rights of the Web or its contents.

 

By reproducing, disseminating, publishing, sharing or sending the User any content on or through the Web or the App or any platforms, forums, social networks, applications or web pages to which they have access, the User guarantees that it is legitimate owner of the same or who holds the rights of image, Intellectual and / or Industrial Property or any other necessary for their use, reproduction and public communication about them.

 

Likewise, when reproducing, disseminating, publishing, sharing or sending any content, regardless of its nature or content, on or through the Web or the App or any platforms, forums, social networks, applications or web pages to which MARTA MARTÍ You have free access to MARTA MARTÍ over said content in a non-exclusive way, for everyone, until the works enter the public domain and irrevocably all the rights of exploitation of intellectual property in all its forms including the power to sublicense to third parties such rights including profit-making purposes.

 

  1. Customer Service.

 

For any claim or query, you can contact MARTA MARTÍ through info@mmarti.es

 

  1. Warranty.

 

MARTA MARTÍ will respond to the Client for any lack of conformity that the deliveries manifest, in accordance with the term established by current regulations, which is three years, in accordance with article 120 of Royal Legislative Decree 1/2007, of November 16, by the that the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.

 

The warranty relating to those manufacturing defects not reported within 48 hours, those caused by use and damage resulting from improper use of the article, as well as, in general, all those excluded by current legislation are excluded.

 

To make this guarantee effective, a proof of purchase must be presented (purchase receipt, gift receipt or invoice).

 

 

  1. Liability and liability exemption.

 

Unless expressly provided otherwise in these Conditions, MARTA MARTÍ’s liability in relation to any product purchased on the website will be strictly limited to the purchase price of said product.

 

All descriptions, photographs of products, information and materials that appear on this website are provided “as a true body” and without express or implicit guarantees on them except those established by law.

 

Some products may appear slightly larger or smaller than actual size due to screen settings and photographic technique. Other items may be depicted larger than actual size, in order to clearly show details; or smaller than its actual size, in order to show the entire article.

 

In this sense, if the Client contracts as a consumer and user, MARTA MARTÍ is obliged to deliver items that are in accordance with the contract, responding to the Client for any lack of conformity that exists at the time of delivery of the product. Likewise, the color tones in the photographs of the products in the online store may be altered by the resolution of your monitor, and may differ from the real ones.

 

The products we sell may present some variations due to the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in colors, sizes, textures, among others, will not be considered defects or defects.

 

MARTA MARTÍ will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect the Client’s computer, computer equipment, data or materials as a result of the use of this website or the downloading of content from it or, where appropriate, to those that it redirects.

 

 

  1. Prevention of money laundering and financing of terrorism.

 

MARTA MARTÍ, due to her professional marketing activity, is bound by Law 10/2010 of April 28, on the prevention of money laundering and the financing of terrorism.

 

This means that, among other obligations that are applicable to said condition, MARTA MARTÍ must identify and keep a copy of the reliable identity document (ID, Passport, etc.) of any customer who makes a purchase equal to or greater than € 1,000. This is due to the provisions of current regulations on the matter.

 

Thus, the Client is aware of said legal obligation and undertakes to send, at the request of MARTA MARTÍ, a copy of the credible identity document of the payer to comply with it.

 

 

  1. Assignment of rights and obligations.

 

The contract is binding both for the Client and for MARTA MARTÍ, as well as for their respective successors, assignees and assignees. The Client may not transmit, assign, encumber or, in any other way, transfer a contract or any of the rights or obligations derived from it, without having obtained the prior written consent of MARTA MARTÍ.

 

We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term, without the Client’s rights being affected in any way.

 

 

  1. Modification of conditions.

 

MARTA MARTÍ reserves the right to review and modify these Conditions at any time.

 

The Client will be subject to the policies and Conditions in force at the time they use this website or place each order.

 

  1. Applicable law and jurisdiction.

 

The use of the MARTA MARTÍ website and the contracts for the purchase of products through said website will be governed by Spanish legislation.

 

Cualquier controversia que surja o guarde relación con el uso de la página web o con dichos contratos será sometida a la jurisdicción no exclusiva de los juzgados y tribunales del domicilio del Cliente.

 

La Comisión Europea pone a disposición de los consumidores una plataforma para la resolución de reclamaciones online en materia de consumo, que como consumidor puede utilizar y que se encuentra disponible en el siguiente enlace: http://ec.europa.eu/consumers/odr/

 

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