1. INTRODUCTION

This document (together with all the documents referred to herein) sets out the terms of purchase governing the use of this website (www.matarranz1911.com) and the purchase of products through it (hereinafter, the “Conditions”).

Please read these Conditions, our Cookies Policy and our Privacy Policy (together, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Data Protection Policies. If you do not agree with all the Conditions and the Data Protection Policies, you must not use this website. These Conditions may be amended.

It is your responsibility to read them periodically, as the applicable Conditions will be those in force at the time an order is placed or, failing that, at the time of use of the website. If you have any questions regarding the Conditions or the Data Protection Policies, you may contact us through our contact form. The contract may be formalised, at your choice, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS

The sale of items through this website is carried out under the name MATARRANZ Y CIA S.L., with registered office at C/ Lagasca 21, bajo interior izquierda, 28001 Madrid, registered in the Madrid Commercial Registry, Volume 28,833, General Section, Folio 47, Sheet M-519159, 1st entry, with Tax ID No. B28008829, telephone 91 576 15 67 and email: info@matarranz1911.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be processed in accordance with the provisions set out in the Data Protection Policies and Conditions of Purchase. By using this website, you consent to the processing of such information and data, and you declare that all information and data provided are true and correspond to reality.

4. USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

1. Use this website only to make legally valid enquiries or orders.

2. Not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been placed, we shall be entitled to cancel it and inform the relevant authorities.

3. Provide us with your email address, postal address and/or other contact details truthfully and accurately. Likewise, you consent to us using such information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts under the conditions of purchase.

5. AVAILABILITY OF SERVICE

The items offered through this website are only available for delivery.

6. HOW TO PLACE AN ORDER

To place an order, you must follow the online purchasing procedure and click on “Authorise payment”. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email when your order has been dispatched (the “Dispatch Confirmation”).

7. TECNICHAL MEANS TO CORRECT ERRORS

If you detect an error in the entry of your personal data during your registration as a user of this website, you can modify them in the “My Account” section. In any case, you may correct errors related to the personal data provided during the purchasing process by contacting the customer service department by telephone on 91 567 15 67 or by email at info@matarranz1911.com, as well as exercising your right of rectification as set out in our Privacy Policy.

This website displays confirmation windows at various stages of the purchasing process that do not allow the order to proceed if the required information has not been correctly provided. Likewise, this website offers details of all items you have added to your basket during the purchasing process so that, before making payment, you may modify your order details. If you detect an error in your order after completing the payment process, you must contact our customer service immediately by telephone or email at the aforementioned addresses in order to rectify the error.

8. AVAILABILITY OF PRODUCTS

All orders are subject to product availability. If difficulties arise regarding the supply of products or if items are out of stock, we will refund any amount you may have paid.

9. DELIVERY

Unless circumstances arise from the customisation of products, or unforeseen or extraordinary circumstances occur, we will send the order consisting of the product(s) listed in each Dispatch Confirmation within the following timeframe:

• 3–4 days from the date of order.

• If the order is for made-to-measure items, you will receive it in approximately 15 days.

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 continue with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note that, in any case, we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, “delivery” shall be deemed to have occurred, or the order shall be deemed to have been “delivered”, at the moment you or a third party indicated by you acquires material possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

Shipping costs will apply depending on the province and place of delivery. If the purchase exceeds €250, shipping will be free of charge.

10.IMPOSIBILITY OF DELIVERY

If we are unable to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for it to be resent to you. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

If, after 30 days from the date your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will consider that you wish to withdraw from the contract and it will be deemed terminated. As a consequence of the termination of the contract, we will refund to you all payments received, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer), without undue delay and, in any case, within a maximum of 14 days from the date on which we consider the contract to have been terminated.

Please note that transportation resulting from such termination may incur an additional cost, and we shall be entitled to pass on the corresponding costs to you.

11.TRANSFER OF RISK AND OWNERSHIP

The risks of the products shall be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive full payment of all sums due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 8 above), if this takes place at a later date.

12.PRICE AND PAYMENT

The prices displayed on the website include VAT but exclude shipping costs, which will be added to the total amount due as set out in our Purchase Guide – Shipping. Prices may change at any time, but such changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make payment.

To do so, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Furthermore, during the purchase process, before making payment, you will be able to modify your order details. You can find a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user, you will have access to a record of all orders placed in the My Account section.

You may use Visa, Mastercard, American Express, and bank transfer as payment methods.

To minimise the risk of unauthorised access, your credit card details will be encrypted. The charge to your card will be made at the time your order is placed.

By clicking on “Authorise Payment” you confirm that the credit card belongs to you or that you are the legitimate holder of the gift card or credit note card. Credit cards will be subject to checks and authorisations by the issuing entity, but if the entity does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to formalise any contract with you.

13.PURCHASE AS A GUEST

This website also allows purchases through the guest checkout functionality. In this purchasing mode, you will only be asked to provide the essential information required to process your order. Once the purchasing process has been completed, you will be offered the option to register as a user or to continue as a non-registered user.

14.VALUE ADDED TAX AND INVOICING

In accordance with the provisions of Article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of items shall be deemed to take place within the territory of application of Spanish VAT if the delivery address is within Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at the time, depending on the specific item concerned.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the relevant taxes and duties in accordance with the applicable regulations in each of these territories. You expressly authorise us to issue the invoice in electronic format. However, you may indicate at any time your wish to receive an invoice in paper format, in which case we will issue and send the invoice in that format.

15.RETURNS POLICY

15.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason. To exercise the right of withdrawal, you must notify us at MATARRANZ Y CIA S.L., at the address C/ Lagasca 21, bajo interior izquierda, 28001 Madrid, by telephone on 91 576 15 67, by email at info@matarranz1911.com or via our contact form, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email).

You may use the model withdrawal form attached as an Annex to these Conditions, although its use is not compulsory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

In the event of your withdrawal, we will refund to you, IN A VOUCHER, all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to issue such VOUCHER using the same means of payment employed by you for the initial transaction. You will not incur any fees as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have supplied evidence of having returned the goods, whichever condition is met first.

You must return or deliver the products directly to our store MATARRANZ Y CIA S.L., without undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the period has expired.

Unless you make the return of the goods in a MATARRANZ Y CIA S.L. store, you shall bear the direct cost of returning the goods.

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

15.2 Contractual right of withdrawal

You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you return the products within the contractual withdrawal period but after the legal withdrawal period has expired, you will be reimbursed only the price paid for such products. You will bear the direct costs of returning the product when the return is not made in one of the MATARRANZ Y CIA S.L. stores.

You may exercise your right of withdrawal in accordance with the provisions of clause 15.1 above; however, if you notify us of your intention to withdraw from the contract after the legal withdrawal period has expired, you must in any case return the goods within 30 days from the date of delivery of the products.

15.3 Common provisions

You will not have the right to withdraw from the contract in respect of the supply of any of the following products:

1. Personalised items
2. Items without their original packaging
3. Sealed goods for hygiene reasons which have been unsealed after delivery

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition as they were delivered or that have been damaged. You must therefore take care of the product(s) while in your possession. Please return the item using or including all its original packaging, instructions and other documents that may have accompanied it. In any case, you must provide, together with the product to be returned, the receipt you received at the time of delivery of the product, duly completed. You will find a summary of the exercise of this right of withdrawal when you receive your order.

You may return items at our MATARRANZ Y CIA S.L. store, for which you must go to the store in person and hand in the item together with the duly completed receipt received at the time of delivery of the product. This method of return will not entail any additional cost to you.

The exchange of an item must be made within 30 days from the date of purchase of the item, under the following conditions:

• The item must not have been used, washed, altered or damaged

• You must present the purchase receipt

• Except where otherwise provided by applicable law, no refund will be granted

MATARRANZ Y CIA S.L. reserves the right to examine the items before refunding or exchanging them.

You may also contact us via our contact form or return the product directly to the address indicated on the receipt that you will receive with the product.

We kindly ask you to return the product as soon as possible, together with the duly completed receipt, to the address indicated therein. You will be responsible for the cost of returning the products to us.

Please note that if you decide to return the items to us freight collect, we shall be entitled to charge you for any costs we may incur. After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. The reimbursement of shipping costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will always be made using the same means of payment you used to pay for the purchase. You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, you may contact us via our contact form or by calling 91 567 15 67.

15.4 Returns in the Canary Islands, Ceuta and Melilla

If you wish to exchange or return a product that has been delivered in the Canary Islands, Ceuta or Melilla, you may do so by visiting any MATARRANZ Y CIA S.L. store in person, in accordance with the provisions of this clause. If this is not possible, you must contact us by telephone on 91 576 15 67 to arrange with us or with one of our representatives for the collection of the product by a courier sent to you free of charge, or alternatively you may return it at your own expense.

15.5 Returns of defective products

In cases where you consider that, at the time of delivery, the product does not conform with the terms of the contract, you must contact us immediately via our contact form, providing details of the product and the damage suffered, or by calling us on 91 567 15 67, where we will advise you on how to proceed.

You may return the product to any of our MATARRANZ Y CIA S.L. stores. We will carefully examine the returned product and will inform you by email within a reasonable period whether a refund or replacement is appropriate (as applicable).

The refund or replacement of the item will be carried out 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-conforming item is appropriate.

Amounts paid for products returned due to a defect or fault, where such defect or fault actually exists, will be fully refunded, including delivery costs incurred in delivering the item to you and the costs incurred by you in returning it to us. The refund will always be made using the same means of payment you used to pay for the purchase, except when a gift receipt is presented for the return. In such a case, the refund will be made by means of a MATARRANZ Y CIA S.L. credit note card. In any event, the rights recognised by current legislation remain unaffected.

16.WARRANTIES

If you contract as a consumer and user, we offer you warranties on the products marketed through this website, under the legally established terms for each type of product, and we are therefore liable for any lack of conformity that becomes apparent within two years from the delivery of the product.

Products are deemed to be in conformity with the contract provided that (1) they conform to the description given by us and possess the qualities that we have presented on this website, (2) they are fit for the purposes for which products of the same type are ordinarily used, and (3) they present the quality and performance normally expected of a product of the same type. In this regard, if any of the products are not in conformity with the contract, you must inform us by following the procedure detailed in clause 17.5 above and through any of the communication channels provided for this purpose.

All our products are prepared for potential shrinkage during washing; therefore, we leave spare fabric of 2 cm per metre for cotton and 5 cm per metre for linen to prevent this.

The products we sell, particularly handcrafted items, may often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colour, shall not be considered defects or faults. On the contrary, their presence should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

17.LIABILITY AND DISCLAIMER OF LIABILITY

Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.

However, and unless otherwise legally required, we shall not accept any liability for the following losses, regardless of their origin:

1. loss of income or sales;

2. loss of business;

3. loss of profits or contracts;

4. loss of anticipated savings;

5. loss of data; and

6. loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.

18.INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, registered trademarks and other industrial and intellectual property rights on the materials or content supplied as part of this website shall remain at all times with us or with those who granted us a licence for their use. You may use such material only as expressly authorised by us or by those who licensed it to us. This does not prevent you from using this website to the extent necessary to copy information regarding your order or Contact details.

19.VIRUSES, HACKING AND OTHER CYBER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programme or material. You must not attempt to gain unauthorised access to this website, to the server on which it is hosted or to any server, computer or database related to our website. You undertake not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could result in the commission of offences defined under the applicable regulations. We will report any such breach to the relevant authorities and cooperate with them to identify the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website. We shall not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging programme or material that may affect your computer, IT equipment, data or materials as a result of the use of this website or the downloading of content from it or from websites to which it redirects.

20.LINKS FROM OUR WEBSITE

Where our website contains links to other websites and third-party materials, such links are provided for information purposes only, and we have no control over the content of such websites or materials. Accordingly, we accept no liability for any damage or loss arising from their use.

21.WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send to you electronically comply with the legal requirement that such communications be in writing. This condition does not affect your statutory rights.

22.NOTICES

Notices you send to us should preferably be sent via our contact form. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send you communications either by email or to the postal address you provided when placing an order.

It shall be understood that notices have been received and have been properly served at the same time as they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that notice has been given, it will be sufficient, in the case of a letter, to prove that it was correctly addressed, properly stamped and duly posted in the mail or a post box and, in the case of an email, that it was sent to the email address specified by the recipient.

23.ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as on our respective successors, assignees and transferees.

You may not transfer, assign, charge or otherwise dispose of a contract or any of the rights or obligations arising therefrom without our prior written consent.

We may transfer, assign, charge, subcontract or otherwise dispose of a contract or any of the rights or obligations arising therefrom, at any time during its term. For the avoidance of doubt, such transfers, assignments, charges or other disposals shall not affect your statutory rights as a consumer, nor shall they annul, reduce or otherwise limit any warranties, whether express or implied, that we may have granted you.

24.EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure to perform or delay in the performance of any of our obligations where such failure is due to events beyond our reasonable control (“Force Majeure Event”).

Force Majeure Events shall include any act, event, non-occurrence, omission or accident beyond our reasonable control, and shall include in particular (without limitation):

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that obligations will be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time for the performance of such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that enables us to fulfil our obligations despite the Force Majeure Event.

25.WAIVER

The failure by us to require strict performance by you of any of your obligations under a contract or these Conditions, or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or the Conditions, shall not constitute a waiver or limitation of such rights or remedies nor shall it relieve you from compliance with such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other rights or remedies arising under a contract or the Conditions.

No waiver by us of any of these Conditions or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the Notifications clause above.

26.SEVERABILITY

If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.

27.ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter hereof and supersede any other agreement, arrangement or promise previously agreed between you and us, whether oral or written.

You and we acknowledge that we have entered into a contract without relying on any statement or promise made by the other party or which may be implied from any statement or writing during the negotiations between us prior to such contract, except as expressly stated in these Conditions. Neither you nor we shall have any action in respect of any misrepresentation, whether oral or written, made by the other party prior to the date of a contract (unless such misrepresentation was made fraudulently), and the only action available to the other party shall be for breach of contract in accordance with these Conditions.

28.OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to review and amend these Conditions at any time. You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of governmental bodies we are required to make changes retroactively to such policies, Conditions or the Privacy Policy, in which case, such changes may also affect orders previously placed by you.

29.APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute that arises or is related to the use of the website or to such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause shall affect the rights granted to you by applicable legislation.

30.COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are always welcome. We kindly ask you to send us such comments and suggestions, as well as any queries, complaints or claims, through our contact form, by telephone, or to the postal or email address indicated in clause 2 of these Conditions.

In addition, we have official complaint forms available to consumers and users. You may request them by calling 91 567 15 67 or through our contact form.

Your complaints and claims to our customer service will be dealt with as quickly as possible and, in any event, within a maximum period of one month. They will also be recorded with an identification key which we will make known to you and which will allow you to track them.

If you, as a consumer, consider that your rights have been violated, you may address your complaints to us via the email address info@matarranz1911.com in order to seek an out-of-court settlement of disputes.

In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you are entitled to request from us an out-of-court settlement of consumer disputes, accessible through the Internet address: http://ec.europa.eu/consumers/odr/.

Last modification: 28 November 2016.

At the following link you can download the model withdrawal form: pdf document.