These terms and conditions of purchase regulate the legal relationships between the consumer, as defined in applicable European and Spanish regulations on protection of consumers and users (“the Consumer”), and the company “GRUPO COMERCIAL TEXTIL, S.A.”, with tax ID code A-58477902 and registered office at Pl. Universitat 7, 08007 Barcelona (hereinafter, “La Mallorquina”) arising from use of the website: www.lamallorquina.es (“the website”).
By using the website or placing an order over it, the Consumer agrees to be bound by these terms and conditions.
As a user of the website, if the Consumer has any question relating to the content of these terms and conditions he may contact La Mallorquina at the following email address: email@example.com.
In order to be deemed a Consumer, the website user must be of legal age in Spain (18 years old) and should not be subject to any limitation on legal capacity to enter into agreements.
The products, offers and promotions on the website and, as a result, these terms and conditions of purchase, are addressed to end consumers, i.e., to retail for personal consumption by the Consumer.
If the website user is a professional, he may view the terms and conditions of sale applicable by submitting a request for them by email at: firstname.lastname@example.org.
By using the website and placing orders over it, the Consumer undertakes to solely provide accurate and true information only as sufficient in order to meet the purposes of the website.
If La Mallorquina receives indications or conclusive evidence of the fact that a fraudulent order has been placed using incorrect or false data, it shall be authorised to cancel the order and, if applicable, report it to the relevant authorities.
The purchase and communication process with the Consumer shall be formalised in Spanish, Catalan or English according to the Consumer’s choice upon placing an order.
In order to place an order, the Consumer shall follow the steps in the purchase procedure indicated on the website, which ends with confirmation and payment of the order using the chosen method.
The order shall be confirmed upon payment being made by the Consumer at the end of the process once all the required details have been provided.
The Consumer may use any of the following methods of payment: a) Visa, MasterCard or American Express cards; b) PayPal; c) bank transfer; or d) cash on delivery.
For security reasons, La Mallorquina reserves the right to occasionally exclude specific methods of payment. This shall only take place extraordinarily and for specific orders.
By clicking on “Authorise Payment” using the card chosen by the Consumer, said individual is confirming that he is the holder or genuine owner of the card the details of which he has included. Cards may be subject to subsequent authorisations by the respective issuers. Delays owing to such checks or lack of authorisation by the aforesaid issuers may not be attributed to La Mallorquina.
Whether the method of payment is by card or PayPal, the User will be charged upon confirmation of the order by La Mallorquina.
Orders paid for by bank transfer shall remain pending confirmation until proof of payment is received.
In all cases, the Consumer will be sent an email message for “Order confirmation” to the address provided, whereby La Mallorquina acknowledges receipt of the order, identifies it with a number and indicates the method of shipment. Moreover, La Mallorquina may send to the Consumer a duplicated payment or receipt confirmation issued by institution handling payments.
All orders are subject to product availability.
If for any reason the products ordered are not available, within a maximum period of 48 hours (on business days in Barcelona) La Mallorquina shall offer the Consumer the chance to change the order and purchase similar products or the Consumer may opt to be refunded for all sums paid and the order shall be cancelled in full or in part, as applicable.
Once the order has been prepared, La Mallorquina shall send an email message to the Consumer informing about “Confirmation of dispatch”, whereupon the forwarding company will send an email message to the Consumer to indicate the exact date and the time window in which delivery shall be made, which in all cases may not exceed 48 hours (business hours at the delivery destination).
If the documentation for the order is lost or misplaced, the Consumer may request a copy of it by filling in the application in the customer care form, whereby La Mallorquina shall issue a copy as swiftly as possible and, in any event, within 48 hours (on business days in Barcelona).
If the order is paid by cash on delivery, the forwarding company employee carrying out the delivery shall collect the total cost of the order from the Consumer.
The terms and conditions are applicable to Consumers with a billing address and a delivery address within Spain (on the Peninsula or the Balearic Islands), which in any event shall exclude the territories of the Canary Islands, Ceuta and Melilla.
If there is interest in billing and delivery in the Canary Islands, Ceuta or Melilla, please see the terms and conditions by sending an email to: email@example.com.
Occasionally for specific products that may need specific packaging, the places of delivery may be limited, though this shall be indicated in the product description sheet.
If the delivery of the order to the Consumer cannot be carried out, a nearby alternative location shall be sought which is sufficiently safe in order to leave it and, if one cannot be found, the order shall be returned to the warehouse.
In any event, the Consumer shall be informed about where his order is and/or how to request for it to be re-issued.
Once 30 days have elapsed following the order being available for delivery without it being delivered due to reasons attributable to the Consumer, it shall be deemed that said party wishes to withdraw the order and the agreement shall be deemed as terminated.
As a result of the termination, all payments received shall be returned to the Consumer, including delivery expenses (with the exception of additional expenses stemming from the Consumer’s choice of a delivery method other than the least expensive option offered), within a maximum period of 14 days from the date on which the agreement shall be deemed as terminated.
All prices shown on the website include applicable taxes at the current rate.
The prices have been freely determined by La Mallorquina pursuant to free and fair competition, respecting the exceptions for the setting of prices included in current regulations, if applicable.
The prices shown on the website at the time of placing an order shall be deemed as valid and applicable, unless a clear error has been made.
A clear error will be deemed to have been made when it is obvious and unequivocal, and when the Consumer could have identified it as such.
If it becomes obvious that a clear mistake has been made with the price of any product in an order, La Mallorquina shall inform the Consumer as soon as possible, and in all cases within no more than 48 hours (on business days in Barcelona), offering him the choice to confirm the order again for the correct price or cancel the order.
Whether the Consumer opts to cancel the order or La Mallorquina is unable to contact the Consumer, the order shall be considered cancelled and any sums paid shall be refunded in full.
Delivery times and periods for orders shall refer to business days according to the official calendar applicable at the delivery destination chosen by the Consumer.
Shipment expenses are detailed in the section “Purchase guide”.
Delivery shall be made according to the date or period specified by the forwarding company, from Monday to Friday, except for bank holidays, according to the official calendar applicable at the order delivery destination.
Under exceptional circumstances, delivery may be made on non-public holiday Saturdays in the morning subject to notice being given to the Consumer.
For the sole purposes of enabling contact between the forwarding company and the Consumer to inform the latter about the delivery time or, if applicable, to agree a new delivery date, La Mallorquina shall provide the former with the Consumer’s contact details as indicated during the order process or, failing this, at the time of setting up the customer account.
Claims relating to: (i) partial deliveries (with a package missing) or external damage to packages should be notified upon receipt by the Consumer to the forwarding company and should be noted on the delivery slip, lodging the relevant claim by sending an email to: firstname.lastname@example.org; (ii) all other potential claims will entail the Consumer having a period of seven (7) calendar days, counting from receipt of the respective order, and should be lodged via email to: email@example.com, notwithstanding the relevant legal guarantees.
Along with the products, the respective invoice will also be sent.
In the event of any issue, request or incident relating to billing, the Consumer should fill in and send the contact form on the website or send an email to: firstname.lastname@example.org.
8. Reservation of title and transfer of risks
La Mallorquina shall retain ownership over the products being purchased until payment of all sums owed has been made by the Consumer.
Risk associated with the products shall be borne by the Consumer upon delivery.
9. Right of withdrawal
Pursuant to the provisions of current regulations on distance purchases, the Consumer benefits from a maximum period of 14 calendar days to fully or partly withdraw from the agreement entered into upon placing an order.
This period shall be counted from the date on which the Consumer or a third party designated by the latter, other than the forwarding company, takes physical possession of the last of the products included in the same order or the final component or part belonging to the products in the order.
In order to exercise the right of withdrawal, the Consumer shall notify La Mallorquina of his intent to withdraw from the agreement by sending an email to: email@example.com enclosing the duly completed form.
This form is available for the Consumer on the website, at the end of these terms and conditions, to be downloaded, and is also enclosed with the products dispatched.
In order to meet the periods applicable to the right of withdrawal the Consumer will merely need to notify his right of withdrawal prior to the end of the deadline legally established as specified above.
The exercise of the right of withdrawal shall result in the expiry of the obligations of the parties and shall entail reciprocal recovery of provisions, i.e., on the part of the Consumer of the products and La Mallorquina for the sums received, including shipment expenses, unless additional expenses have been incurred owing to the Consumer requesting a different delivery method other than regular delivery.
The Consumer shall return the products to La Mallorquina in perfect condition in their original packaging with the instructions and other documents enclosed, if applicable, within a maximum period of fourteen (14) calendar days counting from the date on which notice of the decision to withdraw from the agreement is served.
La Mallorquina shall refund all sums using the same method of payment used by the Consumer in the original transaction, also within a maximum period of fourteen (14) calendar days counting from the date on which notice of the decision to withdraw from the agreement is served.
La Mallorquina may withhold the refund of sums until it receives the products and checks that they are in a suitable condition.
If the Consumer fails to return the products in their original packaging, they may be subject to depreciation. Moreover, the Consumer shall be responsible for any depreciation in the value of the products whenever it stems from handling thereof other than that needed in line with their nature, characteristics or operation.
Please see the exceptions to exercising the right of withdrawal in the case of specific products, as defined in section 11.
In order to arrange the free return of the products, the Consumer must contact La Mallorquina by sending an email to: firstname.lastname@example.org.
10. Returns and exchanges
In addition, and notwithstanding the right of withdrawal within the period and according to the manner described, La Mallorquina allows the Consumer to voluntarily exchange or return the products purchased for a period of 30 days following the date of delivery.
Within said period, the Consumer may opt to return the product purchased or exchange it for another. In such cases, the Consumer shall recover the price (return) or the value (exchange) of the product but not the shipment expenses paid for the delivery of the order.
In order to exercise the aforementioned right, the product returned shall be in perfect condition, in its original packaging, with the instructions and other documents enclosed, if applicable.
To this end, the Consumer shall notify La Mallorquina of his intent to return or exchange the products by sending an email to: email@example.com.
The Consumer shall bear the cost of returning the products to: “GRUPO COMERCIAL TEXTIL, S.A.”, with tax ID code A-58477902 and registered office at Pl. Universitat 7, 08007 Barcelona, unless he opts to return the products by personally going to a shop in “LA MALLORQUINA” chain, with the exception of outlets or the store in Barcelona airport.
Nevertheless, La Mallorquina benefits from a free product return service. Accordingly, the Consumer should contact La Mallorquina by sending an email to: firstname.lastname@example.org.
11. Exceptions to the right of withdrawal and refunds and exchanges
The right of withdrawal and voluntary return or exchange shall not apply in the following circumstances:
a) Due to the type of product and the packaging used: duvet fillers, mattress protectors, mattress fabrics, mattress covers, sofa covers, cushion covers and bed linen, unless they are delivered sealed.
Accordingly, before buying the product, the Consumer is advised to check the suitability of the measurements, colours and composition;
b) Products made or supplied according to the Consumer’s or customised specifications;
c) Products which may perish or expire quickly owing to their nature;
d) Sealed products that are not suitable to be returned owing to health and safety protection reasons and which have been unsealed by the Consumer following delivery, such as: pillows and cushion filler;
e) Sealed computer programmes or sealed video or sound recordings that have been unsealed by the Consumer following delivery.
It is understood that the products are according to the order provided they meet the description given on the website and bear all the qualities specified thereon, are suitable for the regular intended use for products of the same kind and have the regular characteristics and quality of a similar product as would believably be expected.
Prior to placing an order, the Consumer should be aware that:
§ The product description sheet on the website specifies its composition and the main instructions for use and maintenance.
§ The website specifies the sizes and measurements available. All measurements specified on the website are in centimetres and the products adapt to furniture with standardised measurements in Spain.
§ The colours and shades of the products may vary according to the monitor on which they are viewed. The colour in photographs may not be exact due to variations caused by lighting.
§ There may be minimal variations in the product compared to the photograph shown on the website.
§ Handicraft products may often incorporate characteristics of the natural materials used in their manufacture. These characteristics, such as variations in the seams, the texture, the knots and the colour shall not be deemed as defects or blemishes.
When it comes to use and maintenance of the products, the Consumer should follow the full instructions set out in the description sheet on the website and, above all, on the label, and indeed in the remaining documentation enclosed with the product (packaging, instruction sheet, etc.).
La Mallorquina shall not accept liability from improper use or handling of the products and their packaging.
In general, the products shall have a 2-year warranty for manufacturing defects according to the law (Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defence of Consumers and Users and other supplementary laws).
The warranty includes the repair of the product or, if applicable, the replacement of a faulty product by the same or an equivalent one, and shipment of the product to the Consumer to the same location where the original order was delivered.
A product shall not be considered faulty if it becomes apparent that its terms and conditions of use have not been followed.
The warranty does not include broken threads in products once 6 months have elapsed following their delivery. If the product has a manufacturing fault, these incidents occur within a few days of use.
In order to claim against the product warranty, the Consumer must keep the original invoice issued at the time of purchase.
The Consumer must inform La Mallorquina about this by sending an email to: email@example.com and return the products at his own expense, sending them to: “GRUPO COMERCIAL TEXTIL, S.A.”, with tax ID code A-58477902 and registered office at Pl. Universitat 7, 08007 Barcelona, unless he opts to return the products by personally going to a shop in “LA MALLORQUINA” chain, with the exception of outlets or the store in Barcelona airport.
Having verified the existence of a manufacturing fault in the product, La Mallorquina shall proceed to repair it or, if applicable, replace it. If both solutions are not possible, the Consumer may request a proportional reduction in the price and, if the fault is serious, termination of the agreement.
In these cases, La Mallorquina shall refund the Consumer for sums paid for those products returned owing to any manufacturing fault or blemish, including: price (according to the purchase invoice), expenses for its delivery to the Consumer and expenses for the return of the product to La Mallorquina, based on sums to be duly certified. The refund shall be made using the same method of payment used by the Consumer in the original transaction.
14. Limitation on liability
La Mallorquina’s liability in relation to any product purchased on the website shall be limited to the product purchase price, except in the event of personal damage or death caused by negligence on the part of La Mallorquina, fraud or fraudulent misrepresentation and other unlawful incidents.
Claims stemming from loss of income or sales may not be accepted. These include: loss of profits or business, loss of earnings or loss of agreements, loss of expected savings, loss of management time or loss of working hours.
La Mallorquina shall not be held liable for non-fulfilment or a delay in the fulfilment of any of the obligations taken on whenever this situation is due to unforeseeable events or circumstances beyond its control. In these cases, the obligations shall be deemed as placed on hold for as long as the event or its consequences continue to apply.
These stipulations shall be notwithstanding legal provisions applicable in terms of liability for faulty products.
15. Accessing the website
The Consumer undertakes to duly access and use the website, refusing to engage in any improper or fraudulent use of the site and the server on which it is hosted or of any server, computer or database related to the website.
In the event of a breach of this stipulation, the Consumer shall immediately cease to be permitted to use this website and this may also entail committing an offence as specified in current regulations.
La Mallorquina shall not be held liable for damages or losses stemming from denials of service (DoS/DDoS), viruses or any technologically harmful or damaging programme or material which may affect the Consumer’s computer, IT equipment, data or materials as a result of use of the website or downloading content from it or content to which the website redirects.
If the website includes links to other third party materials and websites, said links are only provided for information purposes, and the company has no control over the content of said websites or materials. Therefore, La Mallorquina shall not be held liable for any damages or losses caused by the use of the foregoing.
16. Electronic communications
By using this website, the Consumer is aware and gives express consent for most communications to be electronic.
The Consumer consents to the use of this medium of electronic communication and acknowledges that any agreement, notification, information and other communications issued via electronic format adheres to legal requirements. This provision shall not affect the Consumer’s statutory rights.
It shall be deemed that notifications have been received and correctly served 24 hours after an email has been sent, or five days following the postmark on any letter, if applicable.
In order to prove that notification has been served, in the case of a letter it shall suffice to prove that it bore the correct address, carried the correct postage fee and was duly delivered to the post office or placed in a post box; and, in the case of an email, it shall suffice for the message to have been sent to the email address provided.
17. Intellectual and industrial property
The Consumer acknowledges and agrees that any copyright, registered names or trademarks and indeed other intellectual and industrial property rights over the content or products of the website belong to La Mallorquina or whoever grants the former the licence for use.
The Consumer may only use said material as expressly permitted. This does not prevent the Consumer from using the website to copy the information relating to his order or the contact details.
18. Applicable jurisdiction and legislation
These terms and conditions shall be governed by applicable Spanish legislation. In the event of any conflict arising, the parties submit to the law courts of the domicile of the Consumer, with express waiver of any other jurisdiction.
For the attention of “GRUPO COMERCIAL TEXTIL, S.A.”, with tax ID code A-58477902 and registered office at Pl. Universitat 7, 08007 Barcelona
I/we hereby inform you that I am/we are withdrawing from my/our purchase agreement for the following product:
- Order received:
- Consumer name:
- Email address on placing the order:
- Order number:
- Address of the Consumer and user:
- Signature of the Consumer and user: