These General Conditions govern electronic purchases made via the website www.marymood.com (hereinafter "the portal") by an interested party (hereinafter the "user" or "buyer"), and are part of the purchase agreement (hereinafter the "contract") entered into when clicking the "pay now" button at the end of the purchase process; from that moment onwards the user will be bound to comply with the provisions herein.
The portal is the property of MARYMOOD FABRICS S.L., holder of CIF B67167353, with registered address in Barcelona (08006), Calle Muntaner, No. 374-376 6º-5ª, who equally holds ownership of the Registered Trademark “marymood” (hereinafter “marymood”).
marymood may modify these General Conditions of Purchase at any time. Any amendments will not have any affect on the purchases made before said amendments were approved, which will be governed in any case by the General Conditions in force at the time the purchases were made. It is the user's responsibility to be aware of the General Conditions in force at the time of the starting the purchase process.
The General Conditions for certain products may be supplemented or amended by special clauses or specific conditions, in particular with regard to excluding the right to withdrawal, exchanges or refunds. Pay close attention to the product information (hereinafter "the product") for more details on these particular conditions.
The electronic document on which the contract is written will be saved by marymood and can be accessed through our website, after providing a username and password, or through the means established in each case. You can request a hard copy by using the contact details for Customer Services (email@example.com) provided in these General Conditions of Purchase.
2. APPLICABLE REGULATIONS.
This electronic contract has been written in accordance with Spanish legislation and in particular under the legal regime imposed by Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter the "LISSEC"). The definitive version of this contract is the Spanish version. These General Conditions may be saved and reproduced at any time by the user making a purchase using options on their internet browser, and they must be accepted before paying for products.
3. REGISTERING AS A USER
To facilitate electronic purchases, and to avoid having to ask customers for the same data every time they make a purchase, users will have to register with the Portal. Users may register at any time. At the end of the registration process the user will receive an email confirming that the process has been completed successfully.
Registration as a user on www.marymood.com is free and is not subject to any conditions or payment.
The user can login to the section of the website for registered users by using their username and password, or any other means that marymood accepts to identify users. In the profile section, users can find relevant information such as previous orders and the shipping address provided.
Users may close their user account at any time by sending an email to: firstname.lastname@example.org. Cancellation your user registration will also mean removing your personal user data, which means it will not be possible to make online purchases in the future without re-registering as a user.
Users may only enter into purchase agreements and place orders if they are of legal age. Otherwise, the parents or guardians of the child will bear responsibility for the products ordered by minors.
4. DURATION OF OFFER.
Without prejudice to the provisions of specific legislation, any offers or contract proposals made electronically shall be valid for the period set by marymood or, failing that, for the time in which they are made available to recipients.
5. PURCHASE PROCESS
Once the user account has been created, users are informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the Purchase Process will be as follows:
Once you have provided all the necessary information and clicked the "Confirm purchase" button, the purchase agreement is in force.
In any case, marymood will issue an email confirming the purchase within a maximum period of 24 hours from receipt of the purchase order.
Throughout the purchase process you may consult the General Conditions of Purchase, and you will be able to see the final price of the selected products.
Once your order has been confirmed, the customer may not modify or cancel the order except under the conditions provided for by law or under the General Conditions of Purchase.
6. PRICE, TAXES AND SHIPPING.
All of the prices shown on the website are in euros and include VAT. Using the bank details entered by the user on the website of Banco Popular Español, marymood will withhold the final amount for the order.
Special offers will be duly marked and identified as such, and will display the previous price and the discounted price.
Shipping costs and taxes will appear listed at the end of the purchase process, once you have provided your shipping address. The shipping costs for the products are calculated automatically and will vary depending on the destination where they will be sent and the weight of the products. Shipping will be free when the destination is in the EU, with the exception of the Canary Islands, Ceuta and Melilla, and in any case in which marymood specifically states otherwise.
Before accepting the price by clicking "Pay now", you will be able to see the full final price of your order and the cost breakdown, where appropriate, with the amount of the extra charges or discounts applied, and the taxes, fees and other additional services.
marymood reserves the right to make any changes it deems appropriate at any time and without prior notice, and may update the products and services daily, based on the market.
Users may pay for the products purchased via any of the following payment methods:
- The following credit or debit cards issued by Spanish financial institutions:
Payment of your order will occur in real time through TPV Virtual, once it has been confirmed that the data provided is correct.
marymood guarantees that complete security and confidentiality of all the personal data provided using the registration form filled out by users, and any data relating to the payment method used. The marymood website will redirect the user to the website of Banco Popular when the user enters their bank details as part of the purchase process to proceed with the payment order.This means that marymood is not responsible for the security of the data entered on the Banco Popular website, nor is it responsible for the processing of said data by the bank in question.
8. PROOF OF PURCHASE.
marymood will send proof of purchase by email, to the address provided by the user when registering with the portal. marymood will also send the order invoice to the user at the time of delivery of the order to the address provided by the user.
Items will be delivered from Monday to Friday on weekdays.
Orders will be delivered within the time frames listed below once marymood confirms the availability of the order:
- 5 working days for Spain
- 5-10 working days for the European Community
- 10-15 working days for the rest of the world
Delivery involves the transfer of risk and, any damage to or loss or theft of the products subsequent to delivery will not be the responsibility of marymood.
marymood recommends that the user use an address at which someone is available to receive the parcel in person during business hours.
If delivery is not possible, marymood may cancel the purchase agreement due to it being impossible to fulfil, without prejudice to any claims that marymood may make due to fraud or negligence on the part of the customer.
marymood is not responsible for the state in which the products are delivered to the user if it is not possible to deliver the order within the time agreed for reasons attributable to the user.
marymood will not accept PO boxes as valid shipping addresses. In the event that the purchase agreement includes a PO box as a shipping address, then the contract will be invalid and marymood will not be obliged to fulfil it, although they may notify the customer and refund the charges made.
10. SHIPPING COSTS.
The shipping costs for the products are calculated automatically and will depend on the destination where they will be sent. Shipping costs are calculated depending on the region to which the product will be shipped. Shipping will be free when the destination is in the EU, with the exception of the Canary Islands, Ceuta and Melilla, and in any case in which marymood specifically states otherwise.
Shipping details will be provided by the buyer during registration through the form. The choice is made through a drop down box from which the user can choose the shipping location.
Once the order is placed and the amount confirmed, the system will calculate the cost of shipping, which the user can check at any time via the purchase invoice, which will include a cost breakdown for the order and shipping.
marymood is not responsible for customs fees on shipments to non-EU countries, as well as Andorra, the Canary Islands, Ceuta and Melilla.
11. RESPONSIBILITY FOR DELIVERY.
marymood does not guarantee that the products will always be available, and cannot be held responsible for the service being unavailable due to force majeure or errors in the internet networks that are beyond the company's control.
In addition, marymood will be free from fulfilling the delivery obligations detailed in Clause 9, and will hold no responsibility for the same, under the following circumstances:
marymood cannot be held responsible for the content of links to websites that are not owned by the company and that, therefore, cannot be controlled by the company.
12. REFUNDS AND RETURNS.
To return an item, the buyer must follow the instructions below:
Use the original packaging when returning a product.
Send an email to the email address email@example.com, including:
Name and value of the product(s)
Reason for returning the product(s)
Mobile telephone number
Send the package to the following address:
MARYMOOD FABRICS S.L.
Calle Muntaner, 374-376 6º 5º
The buyer will assume any risk associated with returning the product.
If the buyer fails to comply with the return procedure or the deadlines stated above, then the buyer is not entitled to claim any compensation for any apparent defects in the products received, and in this case the product will be deemed free of any defect.
12.1. Defective products or products damaged during shipment.
Any products purchased must be returned by the user in a suitably secure way, in a box or protective bag. marymood will bear the shipping costs for the delivery and return of the product.
If the user wishes to return the goods through a different transport company that the one proposed by marymood and the transport company chosen by the user charges higher fees, then the user will bear the difference in shipment costs.
If the product is damaged during shipment, the user must notify this by telephone on the day of receipt of the products, and it must be written on the delivery receipt of the carrier.
Before opening the product, the user must verify that the packaging matches the requested product (model, colour, size, finish, etc.), making an immediate complaint if there are any anomalies. If you detect any anomaly before opening the product, marymood asks you not to break the seal or open the packaging.
All the shipping costs will be borne by the user.
In accordance with Spanish legislation, the user has the right of withdrawal, under which the user may return the products received they do not meet their expectations.
Exercising the right of withdrawal is reserved for users who act as customers and/or users, in accordance with the definition given under the Royal Decree 1/2007 of 16 November, which approves the amendment to the General Law on Consumer Protection, and which may be exercised within a period of fourteen working days from receipt of the product and according to the official calendar in the place where the product was delivered. To exercise this right, the product must be in perfect condition and with its original packaging.
The refund of the purchase will be made once the condition of the goods has been checked, and via same means of payment used for the order. In any case the refund will be made within a maximum of fourteen calendar days from confirmed receipt of the request for withdrawal, as long as marymood organises the collection of the product. If the user returns the product through a carrier of their choice, the deadline of fourteen days will begin when marymood is notified of the receipt of the product by the user.
The costs to return the products arising from the exercise of the right of withdrawal will be be paid by the user.
If the products do not arrive in perfect condition, marymood reserves the right to refund a lower amount for the order.
The buyer may exercise their right of cancellation in writing by contacting marymood, or by sending an email to firstname.lastname@example.org to cancel the purchase. The buyer is free to cancel the order, within the aforementioned deadline, without having to inform marymood of the reasons for the decision. In this case, marymood must reimburse the sums paid within a maximum period of 30 days from the cancellation. The right of cancellation excludes cases in which the nature of the services means it is impossible to carry out.
13. Customer service.
For any queries or issues, contact marymood customer services using the telephone number or email address listed below, and within the established business hours.
14. FORCE MAJEURE.
marymood not liable for the total or partial breach of the obligations under this contract or the General Conditions, and is not responsible for any delay in carrying out these conditions if any such breach is due to force majeure, including general, regional or industry strikes, floods, fire, etc.
15. PERSONAL DATA PROTECTION.
In accordance with the provisions of Law 15/1999, of 13 December, on Personal Data Protection, marymood informs you that any personal data collected in the online purchase process will be included on a file owned by marymood in order to provide the services purchased, and to carry out marketing actions in the future.
In order to make orders online, the user must provide their personal data, of their own free will and under their own responsibility, and said data must be truthful and accurate. Any user that completes the online purchase process declares that they own the rights to the information provided or that they are otherwise authorised by the person on whose behalf they are making the purchase.
Users may exercise their rights of access, rectification, cancellation and opposition by sending an email to email@example.com or by writing to the following address: Calle Muntaner, No. 374-376 6º-5ª, 08006 Barcelona.
16. DISCLAIMER AND LIMITATION OF LIABILITY.
16.1. marymood is not responsible for any damage and/or injury caused, nor is it responsible for any loss of profits suffered by a third party for the use of bank details without their consent by any buyer purchasing services and/or products through marymood's website.
16.2. The buyer is solely responsible for the origin, ownership, integrity, content, veracity and accuracy of the information and/or documentation provided through the website marymood.
16.3.marymood does not guarantee that the products and services will always be available, and cannot be held responsible for the service being unavailable due to force majeure or errors in the internet networks that are beyond the company's control, or due to obligations that are the responsibility of third parties unrelated to marymood, such as transport companies, etc.
In addition, marymood will be free from fulfilling the obligations to deliver and/or exchange the products and/or services purchased on the website, and will hold no responsibility for the same, under the following circumstances:
For the purposes of these General Conditions, and for any contact between marymood and the Buyer, communication should be addressed to marymood by email (sending a message to firstname.lastname@example.org) or by writing to María Albertí Juan, Calle Muntaner, 374-376, 6º 5º, 08006 Barcelona (Spain).
Any communication sent by marymood to the buyer should be sent using the data provided by the user when registering on the portal.
18. INVALIDITY OR VOIDABILITY
If any of the clauses in these General Conditions of Purchase and/or in the contract are invalid, void, illegal or unlawful, under the broadest interpretation permitted by law, then (a) said clause shall not invalidate the rest of the contract, which will remain valid and in effect, and (b) the invalid or void clause or clauses should preferably be replaced or amended rather than being annulled.
19. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed in accordance with Spanish legislation for any matters not expressly stated above. The parties expressly renounce any other jurisdiction that may apply, and submit, except in cases where it is not legally permitted, to the jurisdiction of the Courts of Pamplona (Spain), in order to resolve any issues that may arise in connection to either party.