Términos del servicio

GENERAL TERMS OF SALE


 

1.- INTRODUCTION

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://mariaescote.com/) and the purchase or acquisition of products on it, whatever the digital media, support or device through which it can be accessed.

By using this Website or placing an order through it the User consents to be bound by these Terms and Conditions and our Privacy and Cookies Policy, so if you do not agree with all the Terms and Conditions and the Privacy and Cookies Policy, you should not use this Website.

If the User has any questions regarding the Terms and Conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.

The Client will be able to formalize, to his election, the contract of sale of the wished products in any of the languages in which the Conditions are available in this Web site.

 

2. GENERAL INFORMATION

The ownership of this website https://mariaescote.com/, (hereinafter Website) is held by:

MARÍA ESCOTÉ INTERNATIONAL SL

CIF B66800368

Registered in the Mercantile Registry of Barcelona, Volume 45430, Folio 83, Section 8, Page 487488, Inscription 1.

Address: C/ Villarroel, 209, 08036, Barcelona, Spain

Contact email: ventas@mariaescote.com

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

Sale of clothing, including on-line marketing.

It is also reported that these Conditions may be modified. The User is responsible for consulting them every time you access, browse and / or use the Website as they will apply those that are in force at the time you request the purchase of products and / or services.

For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

 

3. USE OF THE WEBSITE

By making use of this Website and placing orders through this Website, the Customer agrees to:

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

Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

Provide true and accurate e-mail address, mailing address and/or other contact information. You also agree that we may use this information to contact you if necessary (see Legal Notice and General Conditions of Use). If the requested information is not provided, MARÍA ESCOTÉ will not be able to process your order.

The Customer declares to be over 18 years old and have legal capacity to enter into contracts.

 

4. PURCHASING PROCESS

To place an order, the Customer must follow the online purchase procedure and click on "PAY NOW".

He/she will have four options to select for the payment of the order: Shoppay, Google Pay, Paypal, and through the Website check out.

With the Shoppay option, the Customer will be asked for an email address, phone number (which will require verification of the same), then the shipping information will be requested, the shipping cost will be calculated and payment will be requested.

With the PayPal option you will be asked to log in to PayPal and with Google Pay you will be asked to log in to Gmail to proceed with the payment of the order.

With the check out option on the website, the Customer will be asked for their shipping information or their login on the website if they are already registered. Then the shipping costs will be shown and the next step will be to proceed to the payment. There you will have several payment options: by credit card, PayPal or cryptocurrency and the option to include a different billing address than the one given for shipping. The next and last step will be to complete the payment and finalize the purchase. Automatically, the Customer will receive an email from us confirming their purchase and all the details of the purchase.

The Customer will also be informed by email of the shipping confirmation.

The Customer must fill in and check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

If necessary, this information may also be made available to the Customer through his personal space connected to the Website.

Once the purchase procedure has been completed, the Customer consents to the Website generating an electronic invoice that will be sent to him/her by e-mail and, where appropriate, through his/her personal space connected to the Website.

The Customer acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product in question and which are displayed next to the presentation or, where appropriate, image of the product on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions made on the Website may be filed and stored in the computerized records of MARÍA ESCOTÉ in order to constitute a means of proof of transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights that assist the Customers in accordance with the Privacy Policy of this Website.

 

5. PRODUCT AVAILABILITY

All purchase orders are subject to product availability. If there are difficulties in the supply of products or products are not in stock, MARÍA ESCOTÉ undertakes to contact the Customer and refund any amount that may have been paid as an amount.

 

6. PRICES AND PAYMENT

The prices displayed on the Web Site are final, and include taxes, unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.

Shipping costs are excluded, and will be added to the total amount due.

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

Accepted means of payment will be: Credit Cards, Paypal, Cryptocurrencies, Shopify Payment, Google Pay, Apple Pay.

Also, the Customer may pay all or part of the purchase price with a gift card and/or a credit card issued by https://mariaescote.com and/or María Escoté MARÍA ESCOTÉ INTERNATIONAL SL.

MARÍA ESCOTÉ uses all means to ensure the confidentiality and security of payment information transmitted by the Customer during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, MARÍA ESCOTÉ shall not be liable for any delay or non-delivery and may not enter into any contract with the Customer.

Once MARÍA ESCOTÉ receives the purchase order from the Customer through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation is sent to the Customer.

If the means of payment is PayPal, Apple Pay, Google Pay or Shopify Payment the charge will be made at the time MARÍA ESCOTÉ sends a confirmation of the purchase order or purchase of products and / or services to the Customer.

In any case, by clicking "PAY NOW" the Customer confirms that the payment method used is yours, or that, where appropriate, is the legitimate holder of the gift card or credit card.

 

7. DELIVERY

Deliveries shall be made within the scope of the following territory: Worldwide.

Unless otherwise agreed by MARÍA ESCOTÉ, the order consisting of the products listed in each Shipping Confirmation shall be shipped to the Customer without undue delay and at the latest within 30 calendar days from the date of the Order Confirmation.

There are unforeseen or extraordinary circumstances or, as the case may be, arising from the customization of the products that may affect the delivery date.

If for any reason that was attributable to MARÍA ESCOTÉ, could not meet the delivery date, will contact the Customer to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the Customer or a third party indicated by the Customer acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The Customer shall be notified of the availability of the product by the latter, stating the date of delivery.

The risks that may arise from the products shall be borne by the Customer from the time of delivery. The Customer acquires ownership of the products when MARÍA ESCOTÉ receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by MARÍA ESCOTÉ.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed 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 shall be that legally in force at any given time depending on the specific item in question.

 

8. IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver the order due to the Customer's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the Customer is not going to be at the place of delivery in the agreed time slot, he/she must contact MARÍA ESCOTÉ to arrange delivery on another day.

If 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to MARÍA ESCOTÉ, it will be understood that the Customer wishes to withdraw from the contract and it shall be deemed terminated. As a result of the termination of the contract, all payments received from the Customer will be returned, without 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 Customer must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the Customer.

 

9. PRE-SALE OF ITEMS

In case of making a purchase of pre-sale items, they will be delivered to the address selected by the Customer within the deadlines indicated on our website. In any case, they will be delivered within a maximum period of 30 days from the date of the Order Confirmation. In the case of mixed orders consisting of products corresponding to the usual purchase process and pre-sale products ("Mixed Orders"), the ordered items may be delivered separately and within a different period of time.

Once the pre-sale products have been prepared, MARÍA ESCOTÉ will contact the Customer to confirm the shipment.

In the case of mixed orders, the withdrawal period will expire 14 calendar days from the day the Customer or a third party indicated by the latter acquires the material possession of the last of the goods.

If the Customer makes a purchase of a pre-sale product, all the provisions contained in these conditions shall also apply.

 

10. RETURNS POLICY

Right of Withdrawal

The Customer, as a contracting consumer and Customer has the right to withdraw from the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days from the day the Customer or a third party authorized by it, other than the carrier, acquired the material possession of the goods purchased on the Website of MARÍA ESCOTÉ or in case the goods making up your order are delivered separately, 14 calendar days from the day the Customer or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the Customer must notify its decision to MARÍA ESCOTÉ. It may do so, where appropriate, through the contact spaces provided on the Website or in the contact details set out at the beginning of these conditions.

The Customer, 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 Customer may use the model withdrawal form that MARÍA ESCOTÉ makes available as an annexed part at the end of these Conditions, however, its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the deadline.

Consequences of withdrawal

In case of withdrawal, MARÍA ESCOTÉ will reimburse the Customer all payments received, excluding shipping costs without undue delay and, in any case, no later than 14 calendar days from the date on which MARÍA ESCOTÉ is informed of the decision to withdraw by the Customer.

MARÍA ESCOTÉ will reimburse the Customer using the same payment method used by the Customer to make the initial purchase transaction. This refund will not generate any additional cost to the Customer. However, MARÍA ESCOTÉ may withhold such reimbursement until it has received the products or items of the purchase, or until the Customer provides proof of the return of the same, depending on which condition is met first.

The Customer may return or send the products to MARÍA ESCOTÉ at:
OFICINA DE CORREOS
Calle de Alburquerque, 2,
28010 Madrid
SPAIN
To the attention of MARÍA ESCOTÉ INTERNATIONAL, S.L.

Y deberá hacerlo sin ninguna demora indebida y, en cualquier caso, a más tardar en el plazo de 14 días naturales a partir de la fecha en que se notificó el desistimiento a MARÍA ESCOTÉ.

El Cliente deberá asumir el coste directo de devolución (transporte, entrega) de los bienes, si se incurriera en alguno.

Además, será responsable de la disminución de valor de los productos resultante de una manipulación distinta a la necesaria para establecer la naturaleza, las características y el funcionamiento de los bienes.

El Cliente reconoce saber que existen excepciones al derecho de desistimiento, tal y como se recoge en el artículo 103 del Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y  Clientes y otras leyes complementarias. De forma enunciativa, y no exhaustiva, este sería el caso de: productos personalizados; productos que puedan deteriorarse o caducar con rapidez; productos que por razones de higiene o de la salud van precintados y han sido desprecintados tras la entrega.

En todo caso, no se hará ningún reembolso si el producto ha sido usado más allá de la mera apertura del mismo, de productos que no estén en las mismas condiciones en las que se entregaron o que hayan sufrido algún daño tras la entrega.

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

A model withdrawal form is attached at the end of these conditions.

Return of defective products or error in shipping.

These are all those cases in which the Customer considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact MARÍA ESCOTÉ immediately and let him know the existing nonconformity (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The Customer will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the Customer will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.

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 e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the Customer to make the return. The refund will be made by the same means of payment that the Customer used to pay for the purchase.

In any case, the rights recognized by the legislation in force remain unaffected.


11. WARRANTIES

The Customer, by contracting as a consumer and Customer, enjoys warranties on the products you can purchase through this Website, in the terms legally established for each type of product, responding MARÍA ESCOTÉ, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by MARÍA ESCOTÉ and possess the qualities presented therein; are suitable for the uses to which products of the same type are usually intended; and have the usual quality and performance of a product of the same type and that are fundamentally expected from it. In this sense, if any of the products does not comply with the contract, the Customer shall inform MARÍA ESCOTÉ, through any of the means of communication provided for that purpose.

However, some of the products marketed on the Website, may have non-homogeneous characteristics as long as they are derived from the type of material from which they are manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect. Only products of the highest quality are selected, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

 

12. LIABILITY AND DISCLAIMER OF LIABILITY

Unless otherwise expressly provided in these Terms, the liability of MARÍA ESCOTÉ in connection with any product purchased on the website shall be strictly limited to the purchase price of such product.

Unless otherwise provided by law, MARÍA ESCOTÉ shall not accept any liability for the following losses, regardless of their origin:

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

Similarly, MARÍA ESCOTÉ also limits its liability in the following cases:

  • MARÍA ESCOTÉ applies all measures concerning to provide a faithful display of the product on the Website, however is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
  • MARÍA ESCOTÉ will act with the utmost diligence for the purpose of making available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
  • Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, preventing the availability of the service. MARÍA ESCOTÉ puts all the means at its disposal for the purpose of carrying out the purchase process, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.
  • MARÍA ESCOTÉ shall not be liable for misuse and / or wear of the products that have been used by the Customer. At the same time, MARÍA ESCOTÉ will not be responsible for an erroneous return made by the Customer. It is the Customer's responsibility to return the correct product.
  • In general, MARÍA ESCOTÉ shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not limited to:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended during the period in which the force majeure continues, and MARÍA ESCOTÉ will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. MARÍA ESCOTÉ shall make all reasonable efforts to find a solution that allows it to meet its obligations despite the force majeure.


13.LINKS FROM THE WEBSITE MARIAESCOTE.COM

In the event that https://mariaescote.com/ contains links to other websites and materials from third parties, such links are provided for informational purposes only, without MARÍA ESCOTÉ have no control over the content of such websites or materials. Therefore, no liability is accepted for any damage or loss arising from their use.


14. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the Customer agrees that most communications with MARÍA ESCOTÉ shall be electronic (email or notices posted on the Website).

For contractual purposes, the Customer consents to use this electronic means of communication and acknowledges that any contract, notice, information and other communications MARÍA ESCOTÉ send electronically comply with legal requirements to be in writing. This condition shall not affect the rights recognized by law to the Client.

The Client may send notifications and / or communicate with MARÍA ESCOTÉ through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Notifications shall be deemed to have been received and have been properly made 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient.

Likewise, unless otherwise stipulated, MARÍA ESCOTÉ may contact and/or notify the Customer at his email or postal address provided.


15. WAIVER

No waiver by MARÍA ESCOTÉ of any particular legal right or remedy shall constitute a waiver of any other rights or remedies arising under a contract or the Terms. No waiver by MARÍA ESCOTÉ to any of these Conditions or rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the Customer in writing in accordance with the provisions of the Notices section above.


16. PARTIAL NULLITY

If any of these Conditions is declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.


17. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the Customer and MARÍA ESCOTÉ in relation to the object of sale and replace any other pact, agreement or prior promise agreed orally or in writing by the same parties.

The Customer and MARÍA ESCOTÉ acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.


18. MARÍA ESCOTÉ'S RIGHT TO MODIFY THE PRESENT CONDITIONS

MARIA ESCOTE reserves the right to modify these Conditions. The modifications introduced will not be retroactive. If the User does not agree with the modifications introduced, we recommend that he/she does not use our website.


19. DATA PROTECTION

The information or personal data provided by the Customer to MARÍA ESCOTÉ in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy and Legal Notice. By accessing, browsing and / or using the Website the User consents to the processing of such information and data and declares that all information or data provided are truthful.


20. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through the Website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the Website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If the Client is contracting as a consumer, nothing in this clause shall affect the rights that the current legislation recognizes as such.


21. COMMENTS, COMPLAINTS AND CLAIMS

The Customer may send MARÍA ESCOTÉ their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions.

If a dispute arises from the conclusion of this purchase contract between MARÍA ESCOTÉ and the Customer, the Customer as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/ .

 

Cancellation form (only to be filled in if you wish to cancel the purchase)
To the attention of MARIA ESCOTE INTERNATIONAL SL, CIF B66800368, acting under the trade name MARIA ESCOTE, with address at C/ Villarroel, 209, CP 08036 (Barcelona), Spain and e-mail ventas@mariaescote.com.

I hereby inform you that I withdraw from my contract of sale of the following good:
Ordered on:
Received on:
Consumer's name:
Consumer's address:
Consumer's email address:
Date:
Consumer's signature: