INTRODUCTION

We recommend all users to carefully read the following conditions.

This document contains the conditions that govern the use of this website, hosted under the domain www.marlota.es, as well as any other that may be determined and the contract that binds us both, Marlota Manifesto, S.L., – you and us – (hereinafter refered to as the “Conditions”). These Conditions establish the rights and responsibilities of all users (hereinafter referred to as “you”/”your”) and of Marlota (hereinafter referred to as “us”, “we” and “our”) as regards browsing the website, acquiring the condition of User, the rights and responsibilities associated with said condition, as well as the commercial transactions and usage of services included in the same.

By using this website, you are bound to these Conditions, Privacy Policy and Legal Notice, so we recommend that you read these Conditions carefully. If you do not agree with them, you must leave the website.

These Conditions may be modified at any time, so you should read them before placing each order.

All products offered on www.marlota.es  are sold directly by Marlota Manifesto S.L.”, headquartered at  Saturnino Calleja 16, 5º Izq, 28002 Madrid, Spain , Vat number  B-86754264, inscrita en el Registro Mercantil Tomo 31217 Libro 0 Folio 172  Sección 8  Hoja M-561858  Inscripción: 1 and registered in the Company Registry of Madrid, Tome 31217, Book 0, Folio 172, Section 8 Page number M-561858 Inscription: 1.

CONTACT: For any questions, consultations or suggestions, please send your comments by e-mail to: onlineshop@marlota.es

WEBSITE INTELLECTUAL PROPETY RIGHTS

All intellectual and industrial property rights to the web domain, as well as the contents, belong to Marlota, so no user is authorised to make use of them, nor print them nor store them on any physical medium for any reason other than for personal and private use. The modification, decompilation or commercial use of any part of the same is strictly prohibited.

Use of the contents of the web domain is authorised for information and service purposes only, whenever the source is referenced, and the user alone is liable for any misuse of the same.

Accessing this website does not give the users any right or ownership whatsoever to the intellectual or industrial property rights nor to the contents it contains. Users who access this page may not copy, modify, distribute, transmit, reproduce, publish, transfer nor sell the aforementioned elements, nor create new products or services derived from the information obtained without the prior express authorisation, in writing, of Marlota

Any alteration of the content or structure of this web page by the user is strictly prohibited.

Marlota reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.

Should the user detect any suspect activity that violates any Intellectual or Industrial Property rights or any other rights, we would ask that you notify us at the following e-mail address: onlineshop@marlota.es

The information provided on this website is valid as of the date of the latest update. The company reserves the right to modify the content on the web domain without advance notice, limiting or blocking access to this website.

LINKS TO THE WEB

Marlota reserves the right to block electronic links that redirect to this website without express authorisation in advance.

If the website contains links to content owned by third parties, Marlota assumes no liability whatsoever for the information contained on said third-party websites, nor for the information contained therein.

Marlota shall remove any link the moment it becomes aware, by any means, of any illegal content or of any damage by them to the goods or rights of a third party.

USAGE CONDITIONS

These conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a business.

These conditions regulate the offer, purchase acceptance and deliver of Marlota products between you and us.

Marlota offers the products solely to end users who acquire goods with no intentions of reselling them.

The “end user” is any individual or legal entity that acts on www.marlota.es  for purposes different from those corresponding to the commercial, business or professional activities normally undertaken.

Marlota reserves the right not to fulfil orders made by entities different from the end user. Only end users who have registered in compliance with these General Conditions may acquire the goods and services sold through this website.

The products offered on our website are a carefully selected sample of our collection. We have taken special care in showing the colours and characteristics of our products with great precision. Of course, each monitor is calibrated differently, and we cannot guarantee that your monitor shows entirely true colours.

REQUIREMENTS FOR A REGISTERED USER

Becoming a registered enables you to browse through the different restricted-access areas included on the website, use the services that require you to log in and acquire any Marlota products that may be offered on the same.

A registered user may be any person of legal age and full authority to enter into the contract established by these General Conditions. Becoming a registered user requires you to read and expressly accept, without any reservations, the terms included in these General Conditions, stating advance awareness of your acceptance of them and enabling you to save and reproduce them. User registration is an essential requirement for contracting services or acquiring Marlota products through the online store.

The username and password generated that enable you to identify yourself as a user and to use the service are strictly personal and confidential. You are responsible for keeping them confidential. As a result, you expressly accept, barring proof to the contrary, that we assume that all usage of the service carried out using the identification codes are done by you, as the registered user, unless you have notified us in advance that they have been lost or stolen.

You may freely change your password through the procedures that we have put in place for that purpose. The replaced password will be cancelled as a means of identification as soon as you generate the new one.

We may block access and usage of the web page when as deemed necessary for security reasons. The Service will be blocked automatically following three successive errors in entering the user access or usage codes.

We will provide the organisational and technical measures necessary on our computer equipment to ensure proper usage of the Service by the users and prevent unauthorised access that seek unauthorised disclosure of the user’s financial information content that is accessible through the Service.

USER OBLIGATIONS

The user is obligated to:

– Provide Marlota with all data necessary to access and use the services that require advance identification, which must be true, up-to-date and correct. Users are obligated to provide their personal details (forename, surname(s), postal address, e-mail address and other contact details) truthfully and faithfully, aware that we may use this information to contact you if necessary. If you do not provide all of the information, we will not be able to process your order. Otherwise, Marlota shall not be liable under any circumstances for possible delays or failures in the delivery as a result of error or omission of these data.

– Users may not place fraudulent, false or speculative orders. Marlota reserves the right to cancel the order and/or inform the pertinent authorities if we have reason to believe that to be the case.

– When placing an order on this website, you guarantee us that you are over 18 years old and that you are legally authorised to enter into binding contracts.

– Take the necessary security precautions, both personal and material, to maintain the confidentiality of your username and password, as well as to notify Marlota immediately in the event of loss, misplacement, theft, robbery or illegitimate access to your username, as well as knowledge of it by third parties.

– Use the Services included on this website properly, always in compliance with applicable law.

– Refrain from conducting any activity that hinders or interferes with the functionality of the Services included on the website.

– Pay for any Marlota products contracted through the website, as well as any shipping and handling charges that may apply.

NOTIFICATIONS

Some of the notifications or information that we send will be in writing, as required by applicable regulations, so as a user of this website, you must accept that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by publishing alerts on this web page. Therefore, you agree to use this electronic communication medium and accept that any contract, notification, information or any other communication that we send to you electronically comply with the legal requirements of being in writing. This condition shall not affect your rights as allowed by law. We may send you notices by e-mail or to the postal address provided by you when placing an order. Notifications will be considered to have been received and correctly given as soon as they are posted on our website, 24 hours after being delivered by e-mail or three days after any letter has been posted.

CONTRACT AND ORDER ACCEPTANCE

The content of our website is an invitation to do business. Until your order has been accepted by us (even if your account has been charged), there is no contract between you and us. If your order is not accepted and we have charged your account, the amount will be reimbursed in its entirety.

After you click “buy”, you will receive a receipt confirmation e-mail. This does not imply that your order has been accepted, since is an offer that you are making to us for a purchase. The orders are subject to our verification and acceptance. We will confirm acceptance by sending you an e-mail informing you that the order is being delivered (Delivery Confirmation). Only shall the Contract between you and us be formalised.

Only the Marlota products listed in the Delivery Confirmation shall be covered by the contract. We shall not be obligated to supply you with any other products that you may have ordered until we confirm delivery of them in a separated Delivery Confirmation.

The contract with Marlota may be drawn up in Spanish or in English, as elected by the user.

Marlota may abstain from processing orders that do not offer sufficient guarantees of solvency, or that are incomplete or incorrect or if the Marlota are unavailable, with no liability assumed with you nor with others. In any case, we are committed to keeping you informed, and if we have already charged your account for the amount of the order, we will reimburse the sum paid in advance.

For security reasons, you cannot place orders in excess of €3,000 nor containing over 30 items within 15 days. If you are interested in making purchases in excess of that amount or quantity, please contact our customer support service by e-mail at: onlineshop@marlota.es.

CONTRACT WAIVER

You may terminate the contract within 14 (fourteen) calendar days after the date on which the order is received. The amount paid for said Marlota products shall be reimbursed in accordance with our RETURN POLICY. The delivery charges shall not be reimbursed for any reason.

The right to terminate the contract shall apply whenever the Marlota products are returned in the same conditions in which you received them, together with their complete original packaging, tags and any accessory related to them.

We will decide whether or not the Marlota products are in the same condition as when they were sent. Returned products that are damaged, incomplete, deteriorated, used or soiled because of the client shall not be reimbursed and shall be returned to the sender, postage due.

To exercise your right to terminate the contract, we invite you to follow our RETURN POLICY.

PRODUCT AVAILABILITY

You accept that the products offered by Marlota in the online store are subject to stock limits. All orders for Marlota products are subject to availability. If any of the products are not available once you have placed the order, we will inform you as soon as possible. At that time, you can modify your order or cancel it.

Marlota reserves the right to modify the products offered on the website at anytime without prior notice.

PURCHASE PROCESS

The following procedure has been established for purchases on the website of Marlota, which may be done in Spanish or English.

The user must access the online store hosted on the Marlota website that displays the Marlota products that are available through that channel, with the following information:

1. a)     Description of the product, reference, size, characteristics, colours, composition and photograph.
2. b)     Unit price
3. c)     Delivery charges
4. d)     Offer validity conditions, if any.

Once you have selected the Marlota product or products, you must add them to the basket included on the website, indicating the number of units you wish to acquire.

Once you have included the Marlota products you have chose to the shopping basket, you can access the shopping summary that you must accept by clicking the buy button, which will display the following information:

1. a)     Product
2. b)     Description
3. c)     Add to Favourites
4. d)     Quantity
5. e)     Unit Price
6. f)      Total Price of each Marlota product acquired
7. g)     Total Price of the purchase
8. h)     Delivery charges and return policy

If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions.

Next, you must provide your details. If you are a registered user, you must provide your username and the corresponding password. If you have not registered previously, you must create an account on the website.

Once the user has introduced their details they will access Delivery Details, where they will be able to revise and/or modify their delivery and billing information and request an invoice (only in Spain). They will then proceed to Order Confirmation where they shall see the delivery and billing address, method of payment, and if they wish choose to send order as gift and write a gift-card message, terms and conditions of purchase should be accepted and proceed by clicking on the “Buy” button.

Once you have completed the Order Confirmation, you will receive an e-mail when we have received your order in which we inform you of the data corresponding to the purchase order issued. Likewise, we will analyse the purchase order to determine if it meets all of the requirements for processing. Once we have completed the verification, we will send you an e-mail confirming its delivery or rejecting it.

DELIVERY

Marlota products are delivered through a courier service. Your order will be delivered within 15 working days from the moment in which we have confirmed the order.

For Spain and Portugal, the delivery charge will be:

NATIONAL 24h:                       8 €
CANARY AND BALEARIC ISLANDS 24 h- 48 h:                                              18 €

Delivery rates in other countries are the following:

EUROPE
Germany, Austria, Belgium, Denmark, France, Holland, Italy, Luxembourg, Poland, United Kingdom, Czech Republic, Switzerland
3 to 6 working days:                                      35 €

EUROPE
Bulgaria, Slovenia, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Norway, Slovakia, Romania, Sweden
4 to 8 working days                                       35 €

TURKEY 4/5 working days:                   75 €
RUSSIA 6/7 working days:               75 €
USA and CANADA 5 / 7 working days           75 €

LATIN AMERICA
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Dominican Republic, Uruguay, Venezuela
7/8 working days:                     75 €

INTERNATIONAL ASIA PACIFIC
Australia, Taiwan, Singapore, Hong Kong, China, Korea, N. Zealand, Japan
3/5 working days:                     90 €

OTHER COUNTRIES
Saudi Arabia, Kuwait, Oman, Qatar, United Arab Emirates
3/5 working days:                     90 €

For other destinations, please contact us by e-mail to onlineshop@marlota.es and we will send you your order’s price and time-in-transit.

Once the order has left our warehouses, we will send an e-mail notifying you that your order has been accepted and is being delivered.

Orders will be delivered to the delivery address that you provided on the form, so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete.

You can track the status of your order in the “My Account” zone of our website.

For security reasons, Marlota will not send any order to post office boxes or military bases, nor will orders be accepted when it is impossible to identify the order recipient or their address.

When selecting Pay Pal as your method of payment, no changes can be made to the delivery address once the order has been made.

DELIVERY PROBLEMS

You must notify Marlota if you have not received your order after more than 10 working days.

If it is impossible for us to make the delivery, the courier service will contact you again to arrange a new delivery date.

When you receive your order, you must verify that everything is as requested. If there is any discrepancy or problem with the order, contact Marlota through the contact e-mail address and provide us with your personal details and the order number, indicating the discrepancy or problem. We will contact you as soon as possible to resolve the incident.

TRANSFER OR RISK AND OWNERSHIP

The user takes ownership of the Marlota products when you receive the shipping confirmation and the product leaves from our warehouses. Liability for the Marlota products is transferred to the user as soon as the order is delivered.

PAYMENT METHOD, CURRENCY AND TAXES

The prices on our website are shown in Euros for all countries.

In accordance with the applicable legislation, any purchase made on our website is subject to the Value Added Tax (VAT) or any other tax or duty applicable according to the country of destination.

If you are a VAT taxpayer (businesses, entities, organisations, etc.) residing in the European Union and you have an intra-community Taxpayer ID Number, you will be exempt from paying VAT (not applicable for sales in Portugal) and you will be required to send a copy of the corresponding document by e-mail to: onlineshop@marlota.es

If you are not based in the EU you don’t have to pay VAT on your purchase.

If at the time of purchase you select a country that differs from that where you were viewing the products; variations in prices and delivery costs may arise in the final order summary.

Marlota reserves the right to modify the prices show on the website without prior notice.

The price of the products will be as stipulated on our website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the pages are correct, errors may occur. If we discover an error in the price of the products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any amounts paid will be reimbursed in full.

We are not obligated to provide you the product(s) at an incorrect lower price (even if we have sent you the Delivery Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price.

All rights recognised by the applicable legislation are reserved.

Marlota accepts payments made via credit or debit card (Visa, Visa Electron, Mastercard Maestro) & Pay Pal.

To protect credit/debit card payment security, we use secure payment systems. The confidential payment data are transmitted directly and encrypted (SSL) to the financial entity. When you make the payment over a secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. The issuing bank will authorize the operation.

Refunds shall be made using the same method as payment.  In the case of bank transfers, a bank account number into which the refund should be made must be indicated in the returns form.

Marlota complies with the regulations demanded by the different payment methods that may be used to make your purchase.

Marlota reserves the right to verify the personal details and take appropriate measures to ensure that the merchandise is properly delivered.

RETURNS POLICY

You have 30 calendar days, from the purchase, to return a product. In store returns are free of charge for the customer.

When you receive an order, we attach a return form that you must complete in order to make the return. If you have lost the form, please contact onlineshop@marlota.es

The Marlota products must be returned in the same conditions in which you received them, together with their complete original packaging, tags and any accessory related to them. You are responsible for proving that the articles have been returned therefore for your security and peace of mind we recommend that items be sent using a recorded delivery system.

Underwear changes or returns will not be accepted.

If your return does not comply with the stipulated terms, you will not have the right to reimbursement and we will return the Marlota products to you, postage due.

If the recipient of the Marlota products is different from the person who made payment, the money will be reimbursed to the person who made the payment.

The Marlota products returned must be sent in a single delivery. We reserve the right to reject Marlota that belong to a single order but have been returned and delivered at different times. Once we have verified that the Marlota products that you have returned to us meet all of the specifications in the Return Policy, we will send you an e-mail informing you that the return has been accepted. Regardless of the payment system used by you, the reimbursement will be made as soon as possible, always within 15 days of receipt of the returned product in our warehouses.

We will not be liable for loss, delay or deliveries to the wrong address of any product that you want to return to us, so we recommend that you make the delivery by certified post or with receipt confirmation.

You will be responsible for the product return costs, and in no case will we accept returns delivered postage due.

The delivery charges shall not be reimbursed for any reason.

You must send us the Marlota products, along with the return form, to the following address Saturnino Calleja 16, 5º Izq, 28002 Madrid, Spain.

In those cases where payment has been made via bank transfer, for refund to be carried out the attached returns form must include bank account number into which the refund should be made.

DEFECTIVE PRODUCTS RETURNS

If you receive an erroneous order or a defective product, we ask that you contact us immediately, within 24 hours, at the following e-mail address, indicating the error or defect, along with your personal details: onlineshop@marlota.es

In the event of problems with the packaging, you must notify the courier service as soon as you receive the order.

We will examine the returned product carefully and notify you be e-mail within a reasonable period of time whether the item will be returned or replaced (if appropriate). The item will be returned or replaced as soon as possible and, in any case, within 30 days of the date on which we sent the e-mail confirming that the inadequate item would be returned or replaced.

The amounts paid for products returned due to flaws or defects, when they actually do exist, will be reimbursed in full, including any delivery charges paid to send the item to you and the costs to you to return it to us. The refund will be made usong the same method as that of payment.

All rights recognised by the applicable legislation are reserved.

GIFT OPTION

You have the option of sending gifts through our website. You make the purchase on your computer as usual, select the delivery address to which we are to send the gift and select the option for gifts. You can include a personalised message for the recipient.

If you provide third-party personal information, you guarantee that you are duly authorised to process it. Likewise, you are obligated to inform said third parties of the terms and conditions of the processing of their data.

If you have received a gift item, follow the regular procedure in our RETURN POLICY if you want to exchange or return it. The amount of the return will be reimbursed to the person who made the purchase, by the same payment method used originally.

LIMITED EDITIONS

Marlota offers for sale limited pieces, conceived and produced exclusively for small productions. Collector’s numbered items, so you know how many pieces have been produced of the item you are buying.

Deliveries will be sent six months after the order date. The payment will also be made when the order is ready to be sent.

Marlota reserves the right to cancel the order at any time.

LIABILITY AND EXEMPTION FROM LIABILITY

None of these purchase conditions exclude or limit our liability for (1) death or personal injury cause by our negligence, (2) fraudulent statements, (3) any other liability that may not be limited or excluded according to applicable law.

Subject to the paragraph above, and to the extent that the law allows, we shall not be liable for financial loss (including lost income, profits, contracts, business or expected savings) or loss of good will or reputation or losses due to special or indirect damages suffered or incurred by you as a result of or in connection with these Conditions.

The content of this section does not affect your legal rights as a consumer, nor your right to terminate the contract.

EVENTS BEYOND OUR CONTROL / CASE OF FORCE MAJEURE

We shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed in a Contract, when the cause is due to events that are beyond our reasonable control (“Force Majeure”).

Force Majeure includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:

– Strikes, lock-outs or other protest measures.

– Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.

– Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.

– Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.

– Inability to use public or private telecommunication systems.

– Acts, decrees, legislation, regulations or restrictions by other governments.

Our obligation to fulfil any Contract shall be understood to be suspended during the period in which the Force Majeure situation remains in effect, and we shall be granted an extension in the period of time stipulated to fulfil our obligation while such a situation lasts. We will make every effort to bring an end to the Force Majeure situation or to find a solution by any means that enable us to fulfil our obligations under the Contract, despite the situation of Force Majeure.

DATA, REGISTRATION, SECURITY AND CONFIDENTIALITY

The Website uses cookies, small data files that are generated in the user’s computer, in order to optimize your navigation, adapt the design of the site and improve its content, with the ultimate aim to provide users with a more satisfactory service.

Origin: Google Analytics
Name: (i) _utma, (ii) _utmb, (iii) _utmc.
Purpose: They collect anonymous information about how many times a user visits the site, calculate the start of the session and whether it should be kept open, they record the origin of the visits and other similar statistics.

To use this website the use of cookies is required, the information gathered is completely anonymous. However, you can set your browser to block them and, where appropriate, eliminate them. However, if you select this setting you may be unable to access certain parts of the website or may be unable to make the most of a number of our services. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you log on to our site.

The linked sites, such as payment platform or training platform, may also use cookies to enable the security elements involved in controlling access to restricted areas and general navigation.

The company, Marlota Manifesto S.L., undertakes to treat all your personal data with absolute confidentiality, using them exclusively for those purposes stated, and informs you that it has all the necessary technical and organizational security measures implemented to guarantee the security of your data and avoid any alterations, loss and/or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether coming from human action or from the physical natural environment, in accordance with the provisions of article 9 of LOPD (Data Protection Act) and the legislation approved in Royal Decree 1720/2007 of 21^st December.

 

There are functionalities on this website that require you to register before you are given access. This will enable you to access “my account”, where you can view your personal details, delivery addresses, order status, and so on. Each time you access these functionalities, you will need only to enter your e-mail address and password. Our system will recognise your data, making your experience on the website quicker and easier.

Marlota, we care about security and guaranteeing and protecting our customers’ privacy. That is why we guarantee that your data will be processed under the highest levels of security.

The credit card transactions are transmitted over a secure SSL (Secure Socket Layering) server. When the letters “http” switch to “https”, the “s” means that you are in an SSL area. Your browser may also inform you of site security with a pop-up message. SSL encrypts the personal information via data transport.

To access certain functionalities on the website, such as the online shop, you must provide us with your personal details. By including this information, you guarantee us that it is your true identity, and that all of the information that you provide is true, exact, up-to-date and complete when you provide it to us.

The personal data that you provide us voluntarily will be included in a file owned by Marlota Manifesto S.L. that will be used to manage your registration as a user, inform you about Marlota products and Marlota promotions through the e-mail account that you provide us and manage the purchase process in the event that you acquire any of the products from our online store.

Marlota Manifesto S.L. headquartered at Saturnino Calleja 16, 5º Izq, 28002 Madrid, Spain as the party responsible for the file, is committed to respecting the confidentiality of your personal information. To exercise your rights to access, rectification, cancellation and opposition, you must send written notification from the e-mail account you used to register to (onlineshop@marlota.es)

Formalising your registration as a user implies your consent to process the data in accordance with the terms indicated.

If you provide third-party personal information, you guarantee that you are duly authorised to process it. Likewise, you are obligated to inform said third parties of the terms and conditions of the processing of their data.

All information provided by you will be included in a file controlled by the company to process purchase orders, facilitate browsing and purchase Marlota products, and to offer you commercial, advertising and/or promotional information. When you place an order, you are indicating that you agree with us storing and processing your personal data.

To provide the best possible service, Marlota is obliged to provide specific customer data (name, address, telephone number, etc.) to third party companies that collaborate to provide said service (shipping companies, financial entities, etc.).  In all cases the information provided are those strictly required for a specific activity to be conducted.  You authorize the transfer of your personal data for the specific purpose of correctly administrating your order.

LEGISLATION

These conditions are governed by Spanish law. To resolve any query, discrepancy or divergence which could be caused during the completion and interpretation of this contract, parties will be subjected to the Courts and Tribunals of Madrid.