GENERAL CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website, www.maldestre.com, (hereinafter Website) is held by: Juan Pozo Gómez, with NIF: 37280522Y, and whose contact details are:

Address:
C./ Calabria, 259. 08029 Barcelona
Telephone number: +34 609334757
Contact e-mail: info@maldestre.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.maldestre.com) and the purchase or acquisition of products and/or services on it (in below, Conditions).

For the purposes of these Conditions, it is understood that the activity that Maldestre develops through the Website includes:

Marketing of self-produced gift items, whether they are pictures, paintings and drawings, as well as all kinds of sculptures and decorative handmade objects.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and privacy policy. Maldestre data protection. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, therefore if you do not agree with everything, you must not use this Website.

Likewise, these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, considering that those that are in force at the time of the acquisition of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, where appropriate, using the contact form.


2. THE USER

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), therefore, since the start of the navigation in the Website, all the Conditions established here are accepted, as well as there subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Making use of this Website only to make legally valid inquiries and purchases or acquisitions.

Not making any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.

Providing true and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users living in Spain. Maldestre does not ensure that the Website complies with the laws of other countries, either totally or partially. Maldestre declines all liability that may arise from the refered access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at their choice, with Maldestre the sales contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.


3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.maldestre.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on “Buy”.

Likewise, the User must fill in and/or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Maldestre has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has concluded, the User consents that the Website to generate an electronic invoice that will be sent to the User via email, and where appropriate, through their personal connection space to the Website. Likewise, the User can, if they so wish, obtain a copy of their paper invoice, requesting it from Maldestre using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, an image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and/or o cost of benefits; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Maldestre in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the current laws and regulations that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural people in regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist the Users in accordance with the privacy policy of this Website.


4. AVAILABILITY

All purchase orders received by Maldestre through the Website are subject to the availability of the products and/or to the fact that no circumstance or case of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. If there are difficulties regarding the supply of products or there are no products in stock, Maldestre undertakes to contact the User and reimburse any amount that may have been paid as cost. This will be equally applicable in cases in which the provision of a service becomes impossible.


5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where he will consult the available shipping methods and costs and freely choose the one that suits him best.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card through Stripe, Bank transfer.

Maldestre uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checkings and authorizations by the issuing bank, if that entity does not authorize payment, Maldestre will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Maldestre receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, in the established place.

If the payment method is Stripe, the charge will be made at the time that Maldestre sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on “Buy” the User confirms that the payment method used is his.

The purchase or acquisition orders in which the User selects the bank transfer as payment method will be reserved for 5 calendar days from the confirmation of the order, in order to leave enough time for the bank transfer to be taken into account by the system of payments used by Maldestre for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Maldestre will not be able to validate the order, which will be cancelled.

For cash on delivery payment, the User must select “Cash on Delivery” among the payment methods on the Website and continue to “Buy” to end the purchase order. From that moment on, Maldestre reserves the right to contact the User in order to validate the purchase order with him. After this, the order will be prepared and made available for the management of its shipment.

Payment will be made at the time of delivery of the order by the carrier’s delivery man. The User agrees to deliver the exact amount of the order to the carrier’s dealer, who will not be able to provide change.

For the refund of the amount in orders paid by cash on delivery, Maldestre reserves the right of 14 calendar days after requesting the return through the Website and having returned the package to the carrier. When making the refund, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount of the returned order. The refund of the amount of the orders paid by the cash on delivery will be made only by transfer.

Maldestre reserves the right to suspend payment by cash on delivery to those Users who have not met the necessary requirements in past orders.


6. DELIVERY

In the cases in which the physical delivery of the contracted goods is appropriate, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to him, Maldestre could not meet the delivery date, he will contact the User to inform him of this circumstance and he may choose to continue with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries will be made on working days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact Maldestre to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Maldestre, Maldestre will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

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 User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Maldestre receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount to be paid by Maldestre.

In accordance with the Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

In this sense, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006 on the common VAT system, purchase orders will be located, for their delivery and/or provision, in that Member State of the European Union where the address that appears in the purchase order is located and, therefore, the applicable VAT will be that in force in that Member State.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by them.

For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at all times will be applied; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by him. For further information, the User must go to the customs office at destination.


7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Maldestre through the contact spaces provided on the Website and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on “Buy”, has access to the space, cart, or basket where their purchase requests are noted and can make changes.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural people with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.


8. REFUNDS

In the cases in which the User acquires products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw that purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Maldestre Website or in the event that the goods that make up his order are delivered separately, 14 calendar days after the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify Maldestre of their decision. It may be done, where appropriate, through the contact spaces provided on the Website or through:

Maldestre. Juan Pozo
C. Calabria, 259 08029 Barcelona
info@maldestre.com[MOU2]

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Maldestre makes available as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Maldestre will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Maldestre is informed of the User’s decision to withdraw.

Maldestre will reimburse the User using the same payment method used to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Maldestre could withhold that refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Maldestre at:

Maldestre. Juan Pozo
C. Calabria, 259 08029 Barcelona

And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Maldestre was informed of the withdrawal decision.

The User acknowledges knowing that he must assume the direct cost of returning (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Unwrapped music or video CDs/DVDs as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Maldestre, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they must contact Maldestre immediately and let them know the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same takes place.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item proceeds.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always be respected.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, therefore, Maldestre will respond for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract, provided that: they conform to the description made by Maldestre and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with according to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of those products. For this, the User must have kept all the information in relation to the guarantee of the products.


9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Maldestre will not accept any responsibility for the following losses, regardless of their origin:

any losses that were not attributable to any breach by them; business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, Maldestre also limits its liability in the following cases:

Maldestre applies all measures related to providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind.

Maldestre will act with the utmost diligence in order to make the product object of the purchase order available to the company in charge of transporting it. However, it is not responsible for damages resulting from a malfunction of transport, especially due to causes such as strikes, road retentions, and in general any others typical of the sector, which result in delays, losses or theft of the product.

Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Maldestre puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure.

Maldestre will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. As well, Maldestre will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, Maldestre will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

This way, the obligations will be suspended during the period in which the cause of force majeure continues, and Maldestre will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Maldestre will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.


10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with Maldestre are electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Maldestre sends electronically comply with the legal requirements of being written. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Maldestre through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Maldestre may contact and/or notify the User by email or at the postal address provided.


11. RESIGNATION

No waiver by Maldestre of a specific legal right or action or the lack of requirement by Maldestre of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User of the fulfillment of its obligations.

No waiver by Maldestre of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.


12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by that declaration of nullity.


13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between the User and Maldestre in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Maldestre acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.


14. DATA PROTECTION

The information or personal data that the User provides to Maldestre in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of that information and data and declares that all the information or data provided is true.


15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Maldestre and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.


Last modified: November 8, 2021