Terms & Conditions
This contractual document will govern the General Conditions for purchasing clothes and accessories -the products- (hereinafter, “Conditions”) through the website www.martinamaletti.com, owned by Martina Mendiburu Aletti under the trademark MARTINA MALETTI, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by Martina Mendiburu Aletti. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable. MARTINA MALETTI will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal in case he/she requests it.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is Martina Mendiburu Aletti, with registered office at Calle de Ruiz, 28 – 4º izda 28010 Madrid (Madrid), tax identification number 72806643M and customer service telephone number +34 600 78 49 81.
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product from the website, in exchange for a certain price which is publicly displayed on the website.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify [email protected] so that Martina Mendiburu Aletti can correct them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
- SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has been verified that payment has been made.
Shipment of goods will usually be made using MRW according to the destination indicated by the USER.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.
The delivery period shall be between 24 hours (working days). The expected date of shipment and delivery will be provided prior to order confirmation.
Failure to carry out the remote contract
In the event of not being able to execute the contract because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, require the correction of such lack of conformity, the reduction of the price or the termination of the contract. In any of these cases the USER may also demand, in addition, compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set out in this contract.
It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.
In the event that the contract does not involve the physical delivery of a product, but a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.
- RIGHT OF WITHDRAWAL
Withdrawal form: https://www.martinamaletti.com/form-application-withdrawal-form.pdf
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it is a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period (article 103 of RDL 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).
The right of withdrawal shall not apply (art. 103 RDL 1/2007, of 16 November) to contracts relating to:
- a) The provision of services, once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been completely executed by the entrepreneur, they will have lost their right of withdrawal.
- b) The supply of goods or services the price of which depends on fluctuations in the financial market which are beyond the entrepreneur’s control and which may occur during the withdrawal period.
- c) The supply of goods made according to the specifications of the consumer and user or clearly personalised.
- d) The supply of goods that may deteriorate or expire quickly.
- e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- f) The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
- g) The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
- h) Contracts where the consumer and user has specifically requested the trader to visit them for urgent repairs or maintenance; if, during this visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
(i) The supply of sealed sound or video recordings or sealed software which has been unsealed by the consumer and user after delivery.
- j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- k) Contracts concluded by means of public auctions.
- l) The provision of accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
- m) The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he loses his right of withdrawal as a result.
The PROVIDER must be informed of any return, by emailing [email protected], indicating the corresponding invoice number or order number.
In the event that the return is not made in the original delivery packaging, the PROVIDER may charge the USER the cost of 50 Euros previously informing the USER of this through the same communication channel used.
The USER will send the product, covering the shipping costs themselves, to the PROVIDER at Martina Mendiburu Aletti, Cea Bermudez 70 28003 Madrid
- ONLINE CLAIMS AND DISPUTE RESOLUTION
Postal address: Martina Mendiburu Aletti, Cea Bermudez 70 28003 Madrid Telephone: +34 600 78 49 81
Email: [email protected]
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfill, the validity, legality and fulfillment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
- GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Martina Mendiburu Aletti or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the products are available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent in paper format together with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. In the event that the user wishes to receive it by e-mail, they must request it by any of the means that the PROVIDER makes available to them, informing them that they may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling +34 600 78 49 81 or by emailing [email protected].
- SHIPPING COSTS
The prices displayed in the shop do not include shipping or communication expenses, installation or download or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when saving the basket or estimate, since they are calculated by the weight of the products and the delivery address.
The prices published in the store include shipping costs only for SPAIN, for the rest of the world, please see below rates according to location.
INCLUDE TABLE WITH SHIPPING PRICES FOR OUTSIDE OF SPAIN OR INDICATE THAT THEY SHOULD BE CONSULTED
- PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
- Credit card
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
- PURCHASE PROCESS
Any product from our catalog can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:1. – Confirm billing details.
2. – Confirm shipping address.
3. – Select payment method.
4. – Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Prior to order confirmation, information on the status of the order and the approximate shipping and/or delivery date will be provided.
- SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, where USER fails to comply with the obligations set out in this contract or any applicable legal provision, license, regulation, directive, code of practice or usage policy.
Whenever the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
- GUARANTEES AND REFUNDS
The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
In cases where the USER considers that at the time of delivery the product does not conform to the contract, you should contact us immediately providing the details of the product and the damage it suffers. The product may be returned after examination by us. The PROVIDER will reply by e-mail within a reasonable period of time as to whether a refund or replacement (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The refund will be made in the same payment method that was used to pay for the purchase.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.