General contracting conditions

Condiciones generales de uso y contratación

1. Legal information of the Holder.

In compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), the following legal aspects of the website are reported:

2. Purpose and scope of application.

The purpose of these General Conditions of use and contracting is to regulate the provision of the information provided on the website, as well as the legal relationship that emanates from the contracting processes carried out between the users and the owner of the website.

3. Condition of user and acceptance.

Access, use and navigation through the website confer the status of "User" on the visitor and imply acceptance, without reservations of any kind, of the Legal Notice and Conditions of Use. Access to the website is free.

The registration of the User through the form reserved for this purpose on the website confers the status of "Registered User" and implies, in addition to what is specified above, the express acceptance of the Privacy Policy.

The contracting of any product and/or service confers the condition of "Customer" having to know and accept the General Contracting Conditions included in this text, as well as, where appropriate, the Particular Conditions that govern the acquisition.

Only people over 18 years of age are authorized to use the electronic commerce services through the website.

By accepting the General Conditions of use and contracting, the Client declares:

1st. That he is a person of legal age and with the capacity to contract.

2nd. That he resides in Spain or in a place where Spanish legislation governs.

3rd. That you have read and agree to these terms and conditions.

MATCARRELAGE makes the e-mail address info@matcarrelage.com available to Users and Clients so that they can raise any questions about the General Conditions.

4. Modification of the Legal Notice and General Conditions.

MATCARRELAGE may modify the General Conditions without prior notice, so it is advisable that they be read each time you visit the website. These modifications are applicable from their publication on the website and may not be applied to previously concluded contracts. In any case, the date of revision of the General Conditions will appear. Each purchase is governed by the General Conditions in force on the date of the order. In any case, before any contracting process, the General Conditions may be consulted.

5. Responsibility of MATCARRELAGE.

The products and services presented on the website are in accordance with Spanish legislation. Access to the website will be voluntary, and, therefore, the responsibility of the user, who will be responsible for any direct or indirect effect derived from the use made of the website, including, without limitation, any economic result , technical and/or adverse legal, as well as the disappointment of the expectations generated by our website, obliging the user to hold MATCARRELAGE harmless for any claims derived, directly or indirectly from such facts.

MATCARRELAGE is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the users' computer devices and equipment, due to reasons beyond our control. to MATCARRELAGE, that prevent or delay the provision of services or browsing the store, or delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or the impossibility of providing the service or allow access for reasons not attributable to MATCARRELAGE, due to the user, to third parties, or to cases of force majeure. MATCARRELAGE does not control, in general, the use that users make of the website. In particular, MATCARRELAGE is not responsible in any case that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently.

The civil liability of MATCARRELAGE for the products supplied is limited to the amount thereof, the user or consumer waives any liability to MATCARRELAGE for any concept in any case of dissatisfaction with the products purchased through this website as well as possible failures, slow access or errors in accessing it, including loss of data, or other types of information that may exist on the computer or network of the user who accesses MATCARRELAGE.

6. Obligations of clients and users.

In general, the user undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that could prevent, damage or deteriorate its normal operation, the assets or rights of MATCARRELAGE, its suppliers, other users or in general of any third. Access and use of the portal to minors is prohibited without the express consent of their parents, MATCARRELAGE is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age.

Specifically, and without implying any restriction to the previous section while using the website, the user agrees to:

a) Provide truthful information about the data requested in the user registration form or order fulfillment, and to keep them updated.

b) Not to introduce, store or disseminate on or from the website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that otherwise in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations.

c) Not introduce, store or disseminate through the store page any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, in any of the services, or in any of the the equipment, systems or networks of MATCARRELAGE, of any other user, of the providers of MATCARRELAGE or in general of any third party.

d) Diligently save the "username" and "password" provided by MATCARRELAGE, assuming responsibility for damages that may arise from improper use thereof.

e) Not carry out advertising or commercial exploitation activities through the website, and not use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties, otherwise there is express authorization.

f) Not use false identities or impersonate the identity of others in the use of the website or in the use of any of its services, including the use, where appropriate, of third-party passwords or access codes or in any other way.

g) Not to destroy, alter, use for their use, disable or damage the data, information, programs or electronic documents of MATCARRELAGE, its suppliers or third parties.

h) Not to introduce, store or disseminate through the store page any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to put it available to third parties.

i) Respect all the recommendations of the manufacturers of the products supplied by MATCARRELAGE.

The customer agrees to enable the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual merchandise delivery hours. In case of breach by the client of this obligation MATCARRELAGE will not have any responsibility for the delay or impossibility of delivery of the order requested by the client.

7. Placing the order.

The steps to follow to carry out the purchase process are indicated:

13. Availability of products.

The selection of products offered through the website is valid as long as the products are visible on the website, with the available stock limits. As it is electronic commerce, the stock is updated online, so it could happen, eventually, that the stock runs out during the purchase process, therefore not being able, in these cases, to continue with the sale that has started.

The terms are calculated on working days -from Monday to Friday- since MATCARRELAGE does not make expeditions on holidays, Saturdays, or Sundays. In the event that there is a stock out or occasional unavailability of an item, MATCARRELAGE will contact the Customer to notify them immediately and give them a new delivery period or, if it is not possible to serve said product, proceed to cancel it.

14. Prices.

The prices indicated on the website include VAT. During the purchase process, the amount corresponding to the tax burden will appear broken down according to the current rate at any time and applicable to the products and/or services marketed.

15. Shipping

As a general rule, packages are shipped within 48 hours of receipt of payment, via UPS with tracking number and delivery without signature. If you prefer certified shipping via UPS Extra, an additional charge will apply. Please contact us before requesting this option. Whichever shipping method you choose, we'll provide you with a link so you can track your order online.

Shipping costs include handling and packaging costs, as well as postal costs. Handling charges have a fixed price, while transportation charges may vary depending on the total weight of the package. We advise you to group all your items in the same order. We cannot combine two different orders, and shipping costs will be applied to each one individually. We are not responsible for any damage to your package after shipment, but we do our best to protect all fragile items.

The boxes are large and your items will be well protected.

16. SECURE payment.

MATCARRELAGE proposes various means of payment (with SSL) so that the Client can choose the one that best suits them or best suits their needs:

Payment by Credit Card: Visa and Master Card have developed a system to make payments safely on the Internet. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the card holder before authorizing payment over the Internet.

MATCARRELAGE adheres to this security protocol, so once the product to be purchased is selected and your card number is entered, an Issuer window opens requesting your identification, showing one of the following icons:

Your card details and password are protected by this security system from the moment they are entered. Once the identification is complete, the Issuer notifies MATCARRELAGE that the purchase is being made by the cardholder, so that the cardholder can complete the process. If the identification has not been satisfactory, the Issuer informs MATCARRELAGE so that it can proceed accordingly.

This window is out of the control of MATCARRELAGE, being the responsibility of its Issuer any incident that may arise with it, having to contact said entity if faced with this situation.

MATCARRELAGE reserves the right to reject any operation carried out with a credit card. In this case we will proceed to refund the cash on the original card. In these cases and if the Client is interested in progressing in the purchase of the articles, we will request a bank transfer.

Paypal Account: is the global leader in online payments and is basically a secure payment system in which the user opens an account in the system that later allows them to make payments in many online stores around the world, using their Credit or debit card. Paypal will be the only one that will have the Client's bank details, being an intermediary between the Client and MATCARRELAGE. This form of payment is immediate, at the moment in which the Client makes the payment, MATCARRELAGE receives it, going on to process his order (after verifying that the data is correct). To register or obtain more information, visit www.paypal.es, Paypal's site for Spain. These links are external and link to pages with their own conditions of use and/or privacy

In the event of non-payment by the Customer, in whole or in part, on the agreed due date for one or more shipments of products, MATCARRELAGE may suspend or cancel any shipment or pending Contract, without incurring liability for any damages or losses, including profit. lost, or damages for delay or loss of production caused to the Client. The previous power of MATCARRELAGE will in no case release the Client from its contractual obligations in relation to payments due and receipt of products.

17. Shipping methods and terms.

The products are sent to the shipping address that the Customer has indicated in the order (Delivery Data section). In the case of placing an order for several items with different availability, the delivery time will take into account the longest expected delivery. In exceptional cases, MATCARRELAGE will reserve the right to break down the order, sending the available items and leaving the unavailable items pending a second shipment. All orders for products are subject to acceptance of the order by MATCARRELAGE. MATCARRELAGE will not send any product until its administration department has verified that the payment has been made.

Options:

a) Pick up in store.

b) Home delivery: To carry out the transport and delivery of shipments, we have the transport agency UPS. It is not possible to agree delivery times. It will be delivered to the indicated address no later than the fifth working day after order confirmation. Courier does not deliver

on Saturdays, Sundays, or holidays. In the event that the client detects a problem at the time of delivery of his order (damaged packaging, missing or damaged products) he must indicate it in writing on the carrier's delivery note, and notify MATCARRELAGE via email info @matcarrelage.com within 7 days of receipt.

In the event of a delay in the receipt or withdrawal of the merchandise by the Client, MATCARRELAGE, will be empowered to store the merchandise, at the Client's expense and risk, in its facilities or in those of a third party and the Client will be obliged to payment of expenses incurred to MATCARRELAGE.

To ensure privacy, all packages are discreetly packed and encased in plain wrap with only our address, no logo. *(In periods of high volume of work, for example, in the Sales season, it is possible that the delivery of your order is made in 7-10 business days). If any of the ordered items is temporarily out of stock, we will send it to you as soon as it is available. In this case, you will not be charged any additional amount for shipping and packaging costs.

18. Change and cancellation of orders.

The order will include an item return form as well as a return label. You must keep a receipt issued by the Post Office that proves the shipment of your package to MATCARRELAGE, since we are not responsible for it until we have received it.

After receiving the item, we will process it within 5 business days. In the event that you have requested a refund, the payment will be made using the same form of payment that was used to purchase it. If what is required is a different item, it will be necessary to request a refund and place a new order.

When you place an order online or by mail, in addition to the benefit of our policy that allows you to make changes or returns within a period of 14 days, you also have certain rights as a consumer. In accordance with the Directive on Consumer Rights (which replaces the Distance Selling Regulation), if you decide to return all the items in an order, MATCARRELAGE assumes the standard postage and packaging costs as long as you contact via email at the 14 days after receiving your order, to inform about the willingness to return them.

When canceling an order under the CRD, you assume responsibility for returning the items by using the POSTAGE PAID returns label included with your order. We suggest that you keep the receipt issued by the Post Office that certifies the shipment made (only for UK customers). You do not need to inform us if the return of the order that you are going to make through our standard service, within 14 days of receiving the order, is partial.

For its part, MATCARRELAGE may not substitute a product or product model without prior consultation with the Client. If it were the case that for reasons beyond MATCARRELAGE, the supply of the order was not possible, the Customer will be offered the possibility of changing it for a substitute product with similar characteristics, giving the Customer the right to cancel the order.

In case of canceling an order once it has already been confirmed and shipped, the Customer must bear the transportation and processing costs that it has caused.

19. Right of withdrawal.

The merchandise that you have requested in your order has been verified by the corresponding manufacturer in quality and condition. If the customer has questions regarding the use of the product, please contact us.

At the time of delivery, make sure that the package received is externally in good condition, completely closed and without signs of tampering. Otherwise, note this fact on the carrier's delivery note, reject the shipment and notify MATCARRELAGE in writing as soon as possible.

Both in the case of returns due to purchase withdrawal or because the product presents some lack of conformity, we ask you to follow the instructions indicated below for a correct and agile processing.

withdrawal

You have the right to withdraw from this contract within a period of 14 business days without justification. The withdrawal period will expire 14 business days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods.

To exercise the right of withdrawal you must notify MATCARRELAGE in writing of your decision to terminate the contract by contacting MATCARRELAGE, N-II km. 765 Biure, 17723 Girona (Spain), by letter, fax or e-mail (info@matcarrelage,com).

To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the expiration of the indicated period of 14 business days.

Consequences of withdrawal

In case of withdrawal on your part, all payments received will be returned to you without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the returned item at the MATCARRELAGE facilities. The shipping costs of the merchandise to the MATCARRELAGE facilities will be deducted from this amount as indicated below:

Please follow the Product Return Instructions indicated in this document.

Then we will introduce the withdrawal form.

AQUI

20. Product warranty.

All the products we sell have a full three-year guarantee from the date of delivery (for products purchased after January 2022, for products prior to the entry into force of Decree-Law 7/2021, of 27 April, the guarantee is still 2 years) for these purposes, delivery will be understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later. The two-year warranty does not include deficiencies caused by negligence, blows, incorrect use or improper handling, unsuitable voltage, incorrect installations not carried out by authorized Technical Services when appropriate, etc., or materials that are worn by use.

Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the six months after the delivery of the product, be it new or second-hand, already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

In case of non-conformity of the product specifications with those indicated by the manufacturer or claims for manifest defects or vices in materials or workmanship, quality, quantity or others, the Client must notify MATCARRELAGE in writing, by means that Record your receipt.

The guarantee will be invalid under the following circumstances: Bumps and/or improper transport, manipulation of any seal or identification/control label, fault or negligence of the Client or

third, or normal wear and tear, damage due to natural phenomena or catastrophes such as storms, floods, lightning, earthquakes, fires, etc. In addition, the guarantee will lose its value:

If any of the data on the same or on the proof of purchase are modified, altered or replaced.

If both the identification number and the guaranteed device itself are tampered with or repaired without the knowledge of the Technical Service.

If you lack the purchase invoice.

In case of disagreement for any reason with the product received, the right to repair or replace the product is recognized. To return an order, it must be in perfect condition and be accompanied by the purchase invoice. MATCARRELAGE allows you to change the size of the purchased item or return it, within a period of thirty (30) days, counting from the date of receipt, as long as the garment has not been used or damaged. For reasons of hygiene, underwear and toiletries may have a protection device that prevents them from being tried on or used. If you wish to return these types of items, it is essential that they keep the label and the protection device in case they are carried. In those cases that justify the application of the guarantee, the repair, replacement of the article, reduction or return will be chosen, in the legally established terms.

To carry out the repairs, MATCARRELAGE may replace the product as it deems appropriate, as well as choose to refund the amount of the product to the customer if the repair or replacement is not possible. The change of a model for a different one will not be admitted, only the size can be changed. To exchange an item for another, you must return it and make a new purchase.

Once the product(s) has been received, MATCARRELAGE will verify that they are in good condition and proceed to send the required size if an exchange has been requested or proceed to refund the amount in the same payment method used in the purchase in the event of a return. . The refund period can range from 5 to 12 business days from the time the return is received at our distribution centers.

No return will be accepted that does not meet the above conditions. Returns of those articles that are not suitable to be returned for reasons of health or hygiene protection and that have been unsealed after delivery are not accepted.

The total responsibility of MATCARRELAGE, for any concept, will not exceed, in any case, the total value of the defective merchandise supplied. MATCARRELAGE will not be, in any case, outside the provisions of this clause, responsible for any damages, especially loss of profit, or damages for expected results, delay or loss of production. The indemnities provided for in this clause will exclude any other indemnity due to defects or lack of quality or quantity.

MATCARRELAGE is responsible for providing the necessary documentation to manage any type of RMA incident at the time of product sale.

21. Notifications.

All notifications, requirements, requests and other communications that must be made by the parties in relation to these General Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the latter's email, or to any other address or email that each party may indicate to the other for these purposes.

22. Nullity and inefficiency of the clauses

If any clause included in these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the General Conditions in everything else, taking said disposition, or the part of the same that is affected, by not put.

23. Alternative Dispute Resolution.

If you have a dispute with a consumer and want to avoid going to court, alternative dispute resolution in may be a good option. It is usually faster, simpler and cheaper than a legal procedure. It encompasses all the different ways to resolve a claim without resorting to a court: "mediation, "conciliation", "arbitration", "consumer ombudsman", "complaints office", etc.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

Department of Consum of the Generalitat de Catalunya: the user/consumer can also access through the link for the resolution of disputes alternatively, by accessing the following link.

- http://consum.gencat.cat/ca/el-consum/despres-de-la-compra/reclamacions/

24. Online Dispute Resolution.

This platform is only valid for litigation between companies and consumers.

If you have a dispute with a consumer about an online purchase and want to avoid legal proceedings, the online dispute resolution platform may be the right tool to find a quick and inexpensive solution. It can be used by you to make a claim against a customer (for example, for non-payment) or by the customer to make a claim against you.

If you have an online company, you must provide a direct link to the ODR platform from your website. Your email address must also be clearly indicated on the website.

Where you are required (by law, membership or contract) to use a specific dispute resolution body, you must:

communicate to consumers, through its website, the dispute resolution body and include it in the specifications

inform consumers about the ODR platform in the specifications and in the offers sent by email.

https://europa.eu/youreurope/promo/odr-banners/index_en.htm

https://cec.consumo.gob.es/CEC/web/home/index.htm.

23. Applicable Law. Submission to privileges

The purchases made in MATCARRELAGE are subject to Spanish legislation.

These General Conditions of Contract are subject, among others, to the following Regulations:

Law 7/1996, of January 15, on Retail Trade Regulations (“LOCM”).

Law 7/1998, of April 13, on General Contracting Conditions (“LCGC”).

Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 ( “TRLGDCU”).

Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (“LSSICE”).

Law 22/2010, of July 20, of the Consumer Code of Catalonia.

Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights. (“LOPDGDD”).

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals the Directive 95/46/EC.

Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, regarding alternative dispute resolution in terms of consumption.

For any question or divergence that may arise on the website, content and contracted services, in the case of final consumers, the jurisdiction will be that of the place of fulfillment of the obligation or that of the domicile of the purchasing consumer. All this without prejudice to the right of any consumer to go to the Consumer Arbitration Board of their demarcation and, likewise, it is reported that disputes that may arise as a result of trade relations may be submitted to EU Regulation 524/2013 which regulates the extrajudicial resolution of conflicts in accordance with its content.

To download the pdf with shipping costs

Aqui

"Our entity is attached to Confianza Online (Non-profit Association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid ( Spain). For more information: www.confianzaonline.es. These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of the Code of Conduct, users may go to Confianza Online for the alternative resolution of eventual disputes ( https://www.confianzaonline.es/como-reclamar/formulario-dereclamaciones/). If these refer to electronic transactions with consumers, or data protection when related to this area, the claims will be resolved by the Confianza Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims are about digital advertising, or about data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. We also remind you that you can access the European Union online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show”.

These General Contract Conditions are updated as of 

17/04/24