General conditions of use
The commercial relations between Angel Vicente Martí Asensio and his users-customers will be governed in particular by the following general conditions, accepted in the application to open an account and/or confirmed when placing new orders. MARTIARTE is a trademark of the Sociedad Unipersonal Angel Vicente Martí Asensio, with CIF 00684544-H and registered office at C/ Perú, 23, 3º 2, CP 28823, Coslada, Madrid (Spain). Both names are used interchangeably in this contract.
1. Acceptance and availability of the General Terms and Conditions of Contract.
2. Applicable rules.
3. Modification of the General Terms and Conditions.
4. Description of the products or services.
5. Description of the contents and intellectual property.
6. Use of the Service and responsibilities.
7. Privacy and Personal Data Protection.
9. Invalidity and ineffectiveness of Clauses.
10. Prices and forms of payment.
11. Warranty rules. Limitation of liability.
12. Exchanges, cancellations and returns.
14. Delivery time.
15. Information and links.
16. Jurisdiction and jurisdiction.
17. Language of the contract. Translation of the terms.
1. Acceptance and availability of the General Terms and Conditions of Business
By accepting this contract, you declare:
1.a. That you are a person of legal age and with capacity to contract.
1.b. That you have read and accept these general terms and conditions.
These general conditions, hereinafter referred to as "The General Conditions", regulate the legal relationship arising from the contracting processes carried out between the user-customers, hereinafter referred to as,
"the Clients", of the Web page located at www.martiarte.com, URL property of MARTIARTE.
2. Applicable rules
These General Conditions are subject to the provisions of Law 7/1998, of 13 April, on General Contracting Conditions, Law 26/1984, of 19 July, General for the Defence of Consumers and Users, Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of 13 December 1999 on the Protection of Personal Data, Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade, Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, Law 23/2003 of 10 July 2003 on Guarantees in the sale of Consumer Goods, as well as any other regulation that replaces the above or is applicable in Spain.
If you reside outside Spain and by virtue of your legislation, Spanish legislation is not applicable, you cannot contract MARTIARTE's services or products.
3. Modification of the General Conditions
MARTIARTE may modify the General Conditions by notifying the Clients with sufficient notice, in order to improve the services and products offered through www.martiarte.com by means of the modification of the General Conditions exposed in the web page of www.martiarte.com, it will be understood that this duty of notification has been fulfilled.
In any case, before using the services or contracting products, the General Conditions may be consulted.
4. Description of the products or services
www.martiarte.com products are marketed by purchasing them through our website. For further details, please see our Shipping and Returns Policy.
The offer of www.martiarte.com products is valid indefinitely and may be modified, amended or cancelled without prior notice to users and regular or occasional consumers.
MARTIARTE makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event that at any time an error of this type were to occur, beyond the control of MARTIARTE, it would be corrected immediately.
5. Description of the contents and intellectual property
The contents provided by MARTIARTE are subject to intellectual and industrial property rights and are the exclusive property of Ángel Vicente Martí Asensio or of the natural or legal persons who are informed. By acquiring a product or service, MARTIARTE does not grant the purchaser any right of alteration, exploitation, reproduction, distribution or public communication of the same.
The transfer of the aforementioned rights shall require the prior written consent of the owner. The customer may not make such content available to third parties.
The intellectual property extends, in addition to the content included in www.martiarte.com, to its graphics, logos, design, images and source code used for its programming.
6. Use of the Service and responsibilities
MARTIARTE does not guarantee the permanent availability of the services, being exonerated from any kind of responsibility for possible damages caused by the unavailability of the service due to force majeure or errors in the telematic networks of data transfer, beyond its control.
MARTIARTE is not responsible for the content of the links to other websites that are not owned by MARTIARTE and, therefore, cannot be controlled by it.
The client declares that he/she is aware that the information provided by MARTIARTE through its services is not of a legal nature and is only offered for information purposes.
7. Privacy and Personal Data Protection
All notifications, requirements, requests and other communications to be made by the parties in relation to these General Conditions must be made in writing and shall be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the other party's address or e-mail address, or to any other address or e-mail address that each party may indicate to the other for these purposes.
9. Invalidity and Ineffectiveness of Clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included.
10. Prices and forms of payment
MARTIARTE makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event that at any time an error of this type should occur, beyond the control of MARTIARTE, MARTIARTE will proceed immediately to correct it.
MARTIARTE will not send any product until its administration department has verified that the payment has been made, in order to avoid possible false orders or orders not accepted by the customer.
In case of non-payment by the Customer, total or partial, on the due date agreed for one or more shipments of products, MARTIARTE may suspend or cancel any shipment or pending Contract, without incurring liability for any damages or losses, including loss of profits, or damages for delay or loss of production caused to the Customer. The foregoing power of MARTIARTE shall in no event relieve the Customer from its contractual obligations with respect to payments due and receipt of products.
In case of a delay in the reception or withdrawal of the goods by the Customer, MARTIARTE shall be entitled to store the goods, at the risk and expense of the Customer, in its facilities or in those of a third party and the customer shall be obliged to pay the costs incurred to MARTIARTE.
The prices shown on our website include VAT (shipping costs and any taxes for cash on delivery are not included). For further information, please consult our secure payment methods.
11. Warranty rules. Limitation of liability
For sales made to end customers. The seller shall be liable for any lack of conformity that becomes apparent within two (2) years of delivery of the goods. However, if the lack of conformity becomes apparent within two (2) years of delivery of the goods:
If the lack of conformity becomes apparent during the first six (6) months from delivery of the thing, it is presumed that such lack of conformity existed when the thing was delivered.
After the sixth month, the consumer must prove that the lack of conformity existed at the time of delivery of the good.
This does not include deficiencies caused by negligence, knocks, improper use or manipulation, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service when applicable, or materials subject to wear and tear due to normal use.
In those incidents that justify the use of the guarantee, the repair, replacement of the article, discount or refund will be chosen, in the legally established terms.
The guarantee will lose its value:
- If any of the details of the same or of the proof of purchase are modified, altered or substituted.
- If both the identification number and the guaranteed appliance itself are manipulated or repaired without the knowledge of the Technical Service.
- If the purchase invoice is missing.
The Customer shall use the goods in accordance with the manufacturer's user manual and instructions. MARTIARTE will not be responsible for any damages of the Client, or any third party, derived from the non-observance of the instructions contained in the manual of use or Security Norms of the goods. MARTIARTE is not responsible for the incorrect configuration or installations or equipment failure caused by a component not supplied by MARTIARTE.
The warranty will be invalid under the following circumstances: Blows and/or inadequate transport, faulty installations and/or installation errors, installation and/or connection of peripheral elements not compatible with the product, inadequate supply voltage, manipulation by personnel other than MARTIARTE's technical service or the manufacturer, or manipulation of any seal or identification/control label, fault or negligence of the Customer or third party, or normal wear and tear due to use, damage due to natural phenomena or catastrophes such as storms, floods, lightning, earthquakes, fires, etc. whether or not they affect the electricity supply; incidents due to problems with software or computer viruses.
In order to carry out repairs MARTIARTE may replace parts or the whole unit as it deems appropriate. The classification of the fault and whether or not it is covered by the warranty will be up to MARTIARTE. All repairs must be authorised by MARTIARTE. The repair of defective products purchased telematically on the MARTIARTE website will be free of charge for the consumer and user if it is within the warranty period of the product, and said free repair will include all shipping costs, as well as costs related to labour and materials, and will be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the product and the purpose it had for the consumer and user.
In case of lack of conformity of the specifications of the product with those indicated by the manufacturer or claims for defects or obvious defects in materials or workmanship, quality, quantity or other, the Customer must notify MARTIARTE in writing through a means that leaves evidence of receipt. Repairs will require the presentation of a copy of the invoice and a detailed description of the defects.
The total responsibility of MARTIARTE, for any concept, will not exceed, in any case, the total value of the defective goods supplied. MARTIARTE will not be in any case, outside the provisions of this clause, responsible for any damages, especially for loss of profit, or damages for expected results, delay or loss of production. Any liability for loss of or damage to information or data records is also expressly excluded. In any case, the Client shall be obliged to make appropriate back-up copies to enable the reconstruction of lost or damaged data.
The indemnities provided for in this clause shall exclude any other indemnity for defects or lack of quality or quantity.
The products marketed by MARTIARTE are guaranteed by the manufacturers, or by MARTIARTE, for this we have provided a table of guarantees, in which the consumer / buyer, can consult in real time the generic guarantees of each of the products marketed by MARTIARTE, as well as their treatment and who is in charge of the incident, providing the telephone number of the technical service to which it corresponds in your case.
MARTIARTE is responsible for providing at the time of sale of the product the necessary documentation to manage any type of RMA incident.
12. Changes, cancellations and returns.
12.a. Product changes
MARTIARTE will not be able to replace a product or product model without prior consultation with the customer.
If it is the case that for reasons beyond both, the customer could not purchase the product ordered, you have the right to cancel your order, in this case MARTIARTE, will be refunded the amount paid within a period not exceeding thirty days.
12.b. Cancellation of the order
If the buyer decides to cancel the order, MARTIARTE will reimburse the user the price paid within a maximum period of thirty (30) days.
If the reason for the cancellation is unrelated to MARTIARTE, the amount to be paid will be reduced by the commissions charged (if any) by the method of payment selected by the customer.
In case of cancellation of an order once it has already been confirmed and shipped, the Customer shall be responsible for the transport and processing costs incurred.
Products in perfect condition: the customer may return the product if he/she is not satisfied with it within 7 (working) days following the contract, MARTIARTE will refund the user the price paid within a maximum period of thirty days.
If the reason for the return is unrelated to MARTIARTE, the amount to be paid will be reduced by the commissions charged (if any) by the method of payment selected by the customer, as well as any possible promotions or discounts that are cancelled when returning the product or products.
Merchandise returns will not be accepted after 7 (working) days from receipt of the Product, for payment; it being understood that the payment will imply a credit note in favour of the Client to be offset against future purchases.
The costs arising from the return of the product shall in all cases be borne by the customer, except in cases of replacement of defective products.
The purchaser must pay the direct costs of returning the product and compensate for any damage to the product.
Products shall be returned by sending the product, in its original packaging and with all its accessories, to the address and to the attention of the person specified below:
Step 1: Return request
- You must send us an email to firstname.lastname@example.org, so that we can assign you a return number. Alternatively, you can call our telephone number 91 726 18 76.
Step 2: Return number assignment
- Our returns management department will assign you an RMA number and will indicate the procedure to follow for the return shipment, by replying to your email.
Step 3 : Identifying the package
- You must send the package with the Return Number clearly visible and in the manner indicated by the returns department to Martí L'art, Av. Marqués de Corbera, 47 C.P. 28017 Madrid (Spain).
Step 4: Checking the condition of the material
- After verifying that everything is correct and in perfect condition, MARTIARTE will inform the customer via email.
Product returns will not be accepted without attaching the invoice or proof of purchase.
The following products will not be accepted for return:
- Products that are not in perfect condition, with their original packaging and with all their original accessories; nor of those products that are deteriorated, damaged, show signs of having been manipulated or altered, or that have been used in an abusive or negligent manner by the customer.
- Products that have been configured according to the Customer's specifications, ordered to order or customised according to the indications provided by the Customer.
If the Customer cancels a confirmed order when it has already left MARTIARTE's facilities to the destination, or does not accept the package on arrival, MARTIARTE may require payment of the transport costs incurred.
If the Customer cancels or does not accept confirmed orders concerning Products expressly purchased by MARTIARTE for the Customer, MARTIARTE may demand the payment of a minimum compensation of 50% of the purchase price, as compensation for damages, as well as all transport and storage costs.
12.d. Defective products
In this case MARTIARTE, will act according to the guarantees of the manufacturers and RMA, mentioned in point 11 of the present conditions of purchase and taking into account Law 23/2003, of July 10 referring to the guarantees in the sale of consumer goods.
The amount of the transport will be included in the customer's invoice, and will coincide with the amount accepted by the customer at the moment of placing the order. MARTIARTE reserves the right to select a carrier other than the one chosen for service needs, without prejudice to the customer.
If the customer notices any breakage in the package, he/she must make an incidence in the same delivery note at the time of delivery, indicating that the package is broken and contact MARTIARTE to notify this situation.
If the customer does not notice any external breakage in the package when he/she receives it, but when opening it he/she notices any damage caused by the transport, he/she must notify the transport company within 24 hours to leave a record and contact MARTIARTE. Otherwise, it will be understood that the Product has been accepted in conformity. Once this period has passed, the transport company considers that the material sent is in perfect condition and is not responsible for any damage.
You can track the status of your order with the tracking number indicated, which you will be notified by e-mail once your order has left our facilities.
Delays due to transport: MARTIARTE is not responsible for any delay caused by transport or any additional transport charges for:
- 13.a. Incorrect or incomplete address.
- 13.b. Failure to provide a contact telephone number
- 13.c. Strikes of the carriers.
14. Delivery time
MARTIARTE, has taken as maximum delivery time the delivery time indicated in each of our products from the date of collection of the amount of the order. Although MARTIARTE will always try to meet them with all its means, the deadlines for the delivery of the material are merely informative, not being binding for MARTIARTE.
Unless otherwise agreed in writing with MARTIARTE, the Customer shall not have the right to request the cancellation of an order or any compensation (including the refund of postage) in the event of a delay in the delivery of the Product, due to circumstances beyond MARTIARTE's control.
15. Information and links
MARTIARTE cannot assume any responsibility derived from the incorrect, inappropriate or illicit use of the information appearing in the pages of MARTIARTE. Within the limits established by law, MARTIARTE does not assume any responsibility derived from the lack of veracity, integrity, updating and accuracy of the data or information contained in its Internet pages.
The contents and information of MARTIARTE's Internet pages are obtained from contributors and other news sources. However, the contents and information are not binding on MARTIARTE and do not constitute opinions, advice or legal advice of any kind as it is merely a service offered for information and dissemination.
MARTIARTE's Internet pages may contain links to other pages of third parties that ccc cannot control. Therefore, MARTIARTE cannot assume any responsibility for the content that may appear on third party pages.
As soon as MARTIARTE detects in the pages and locations to which the different links of its Internet pages direct illicit contents or information or that injures goods or rights of a third party susceptible to compensation, it automatically acts diligently to remove or disable the corresponding link, so any user must collaborate with MARTIARTE informing it when it detects contents such as those described above.
The MARTIARTE website uses specific files ('cookies') that collect data on the navigation carried out in order to remember the different options selected on the first access, and thus avoid having to repeat them on subsequent accesses (language, areas visited... etc.). In any case, you have the possibility of configuring your computer to refuse the installation of these cookies.
16. Jurisdiction and venue
This contract is governed by Spanish law and, in particular, by ordinary civil and commercial law.
For any dispute that may arise from the use of the website or the contents subject to these conditions, the parties expressly waive any other jurisdiction and submit themselves to the Courts and Tribunals of Madrid (Spain).
17. Language of the contract. Translation of the terms
It is the express wish of the parties that these terms and any documents directly or indirectly related to them be drawn up in spanish. Any translation of these Terms and Conditions of Use is provided solely for your convenience and is not intended to modify the Terms and Conditions of Use. In the event of any conflict between the spanish language version of these Terms and Conditions of Use and the non-spanish language version, the spanish language version shall prevail.