On the one hand, Mascoboutique, SL (hereinafter“pet boutique”) is a Spanish company, with CIF ESB87651907 and with registered office in Madrid at C/ Montearagón 5 - Portal D, 5º, owner of the platform https://mascoboutique.com/gb/ (hereinafter, the"Website"), and on the other, the buyer, understood as any Registered User according to the provisions of the Conditions of Use, of legal age and with the necessary legal and acting capacity, who completes the steps established on the Website aimed at the acquisition of items for pets offered by the same (hereinafter, the"Buyer").
The purpose of these General Conditions of Purchase is to regulate the acquisition of pet products through the Website by the Buyer, in exchange for an economic consideration that corresponds to what is set forth herein.
3. Use of the Website
By using this website and placing orders through it, the Buyer agrees to:
- i. Make use of the Website only to make legally valid queries or orders.
- ii. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, Mascoboutique reserves the right to cancel it and inform the relevant authorities.
- iii. Provide us with your email address, postal address and/or other contact information truthfully and accurately. Likewise, the Buyer agrees that we may use said information to contact him if necessary (see our Privacy and Cookies Policy[con el link pertinente]). If the Buyer does not provide us with all the information we need, we will not be able to process the order. By placing an order through the Website, the Buyer declares that they are over 18 years of age and have the legal capacity to enter into contracts.
4.1. Product offer
The Website offers information about all the products for sale, characteristics and prices. However, Mascoboutique reserves the right to withdraw, replace or change without prior notice and at any time the products offered to its customers through the Website. The products offered at any time by the Website will be governed by the general conditions in force at any time.
The availability of our products may vary depending on customer demand. Our stock is updated automatically by our computer systems and, additionally, our team periodically checks that said stock is correct, but this does not allow us to guarantee with total certainty that the products purchased are not out of stock. If so, Mascoboutique will contact the Buyer as soon as possible informing about the impossibility of delivering the product purchased and out of stock on time, offering the following options:
I. The possibility of acquiring another product by paying the corresponding price difference.
II. If from Mascoboutique it is possible to obtain the item purchased and out of stock within a reasonable period of time, the Buyer will be informed of the estimated period in which it can be received, in case they wish to wait for the item to be back in stock. If you choose this option, the item will be sent to the Buyer as soon as it is available again at Mascoboutique.
III. The Buyer may also cancel the order with the reimbursement of the amounts paid for said purchase.
In the event that the Buyer has ordered several items and some of them are available and others are not, Mascoboutique will contact the Buyer as soon as possible informing him of this situation and giving him the following options:
I. Immediately ship available items and, in a second shipment, purchased items that are not available when they are back in stock. If the Buyer chose this option, Mascoboutique would bear the shipping costs of that second shipment.
II. Substitute the unavailable item(s) for another that is being paid by the Buyer or Mascoboutique, as appropriate, the corresponding price difference.
III. Cancel the order with regard to the item(s) not available, with the refund of the amount paid by the Buyer for that item(s) not available.
IV. Cancel the entire order with Mascoboutique reimbursing the amounts paid.
5. Purchase process
The purchase process is simple and can be done through the Website.
To buy through the Website, any Registered User must browse the product catalog of the Website and add those products that are of interest to the shopping cart. It is not possible to complete the purchase without being identified as a Registered User on the Website, for which you must have expressly accepted these Conditions, the General Conditions of Use and the Privacy and Cookies Policy in advance.
Therefore, to make a purchase on the Website, the Registered User, after choosing the products they wish to purchase, must:
to. Click on the shopping basket, in such a way that you will be redirected to the purchase screen. In it you must fill in all the data required in the form and click on "Buy Now", after accepting these General Purchase Conditions, the General Conditions of Use and the Privacy and Cookies Policy. If the Registered User wishes to modify the order, he can do so by adding or deleting products.
b. In that purchase screen, the Registered User must also select the shipping method and the chosen payment method. Currently, the available payment methods are the following:
i. Debit or credit card: payments with 4b, Mastercard and Visa cards are accepted. In this case, we will need the Buyer to provide us with information regarding their card for the sole purpose of processing the payment.
ii. Paypal: for more information visitpaypal.com.
iii. Klarna: This medium allows deferred payment. For more information visitKlarna
c. Once this is done, the Registered User must, after reviewing their order and depending on the selected payment method, proceed to the payment and, with this, confirm their willingness to acquire and formalize the sale.
d. Mascoboutique will confirm to the Buyer that they have received their wish to acquire the products and will also confirm the payment, if it has been made correctly. In addition, you will be sent by email the order confirmation with the corresponding invoice. With the acceptance of these General Purchase Conditions, it is understood that the Buyer has consented to the sending of an electronic invoice. At any time you can oppose it by writing to firstname.lastname@example.org.
6. Preparation of the order
In general, once the order is received in our system, Mascoboutique will proceed to prepare it for shipment or for delivery to our physical stores in Madrid, -depending on the option chosen by the Buyer-. This preparation of the order will be carried out in the three days following the day in which the order was placed. Please note that Saturdays, Sundays and public holidays in Madrid are excluded for the calculation of this period.
Once Mascoboutique has the order ready for shipment or ready for delivery to the physical store chosen by the Buyer, an e-mail will be sent to the Buyer.
Notwithstanding the foregoing, and in exceptional circumstances (high number of orders, holiday periods, etc.), Mascoboutique reserves the right to delay in preparing orders. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase through notices on the Website.
7. Delivery of the order
Once the order has been prepared, Mascoboutique will proceed to send the order to the address indicated by the Buyer during the purchase process or will inform him of its availability for collection at the chosen Mascoboutique physical store, depending on the option chosen by the Buyer. or another when placing your order.
7.1. Physical Store Delivery
During the purchase process, the Buyer may choose as the delivery method the collection at one of the Mascoboutique physical stores in Madrid. In this case, Mascoboutique, once the Buyer's order is ready to be delivered to the chosen physical store, will inform the Buyer by email of such circumstance so that he can pick it up. The Buyer will not have to pay any amount for shipping costs or preparation of the order. To pick it up, you simply have to go to the Mascoboutique physical store chosen during its business hours, on a working day in Madrid, and you must show the Mascoboutique staff the following:
to. the invoice or email confirming the order,
b. an official identification that reliably proves that it is the Buyer of the order or,
c. in the event that it is not the Buyer of the order who picks it up, proof that the Buyer has authorized you to pick up the order on his behalf.
7.2. Shipment of the order by carrier
Likewise, during the purchase process, the Buyer may choose to send the order to the address of their choice, as long as it is not a post office box.
7.2.1. national shipments
Mascoboutique works with the Seur transport company, however, it reserves the right to change the transport company at any time and without prior notice. Mascoboutique ships to any point in Spain within the Iberian Peninsula (hereinafter, “Peninsular Spain”) or to the Balearic Islands, however, it does not ship to the Canary Islands, Ceuta or Melilla.
In general, the first delivery attempt will be made within a period of 24 hours to 72 hours from the collection of the same by the transport company. In order to keep the Buyer informed, Mascoboutique will send an email the day the order is delivered to the transport company informing them of that delivery. Keep in mind that for the calculation of the aforementioned period from 24 to 72 hours, Saturdays, Sundays and holidays are excluded, either in Madrid or in the location where the order is delivered. However, in exceptional cases of force majeure or in periods of high number of orders such as sales periods or Christmas, Mascoboutique reserves the right to extend delivery times. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase through notices on the Website.
If the amount of the order is equal to or greater than 60 euros, Mascoboutique will bear the shipping costs. For purchases with an amount less than €60, the shipping costs must be borne by the Buyer and vary depending on the destination. Throughout the purchase process, the Buyer will have to enter the delivery address and the Website will automatically report the shipping costs corresponding to the order in process. However, for informational purposes only, the shipping costs will be approximately the following:
|Delivery address||Shipping costs (VAT included)|
Exceptionally to what is indicated above and regardless of the total amount of the order, if the orders include products considered as Oversized Products, additional shipping costs will be associated.
|Delivery address||Shipping costs (VAT included)|
7.2.2. International deliveries
Mascoboutique also makes international shipments to points within Europe. Delivery times to these destinations vary depending on the delivery address, however, in general, the first delivery attempt must be made within seven working days from when Mascoboutique delivers the order to the transport company. As in national shipments, (i) for the calculation of this period, Saturdays, Sundays and holidays are excluded, either in Madrid or in the location where the order is delivered; and (ii) Mascoboutique will send an email to the Buyer on the day the order is delivered to the carrier informing him of that delivery.
In exceptional cases of force majeure or in periods of high number of orders such as sales periods or Christmas, Mascoboutique reserves the right to extend delivery times. In these cases, the Registered User and potential Buyer will be duly informed before making their purchase through notices on the Website.
In international shipments, Mascoboutique in no case assumes the shipping costs that will always correspond to the Buyer. These expenses vary depending on the destination and will be calculated automatically by the Website during the purchase process, once the destination address has been entered. Again, for informational purposes only, the shipping costs will be approximately the following:
|Delivery address||Shipping costs (VAT included)|
Mascoboutique does not ship to Corsica, Sicily, Sardinia, Isle of Man and the Channel Islands.
For shipments to destinations not provided for in these General Conditions, please contact Mascoboutique by writing an email to email@example.com. As far as possible, we will try to help you to get your order where you want it.
7.2.3. Delivery delay
If the first delivery attempt by the transport company is not made within the periods indicated in the previous points, the Buyer may choose the following options:
1. Accept the late delivery of the order and claim from Mascoboutique the shipping costs that could have been paid when placing the order, or
2. Cancel the order with the reimbursement of the amounts paid in said purchase.
The Buyer will not be entitled to these options if the Website, before making the purchase, had clearly and expressly indicated that deliveries could be delayed.
8. Pricing Policy
The prices that are displayed on the Website are set by Mascoboutique. Prices are shown in Euros. Before purchasing any of the selected products, the Website will show either the prices with VAT included as the final price or broken down according to the tax base and the applicable taxes at any given time.
The transportation and delivery costs of the products will be those indicated on the Website in each purchase process. These expenses will also appear with VAT included as the final price or broken down according to the tax base and the applicable taxes at any given time.
The Website may include promotions and/or discount codes. Such circumstances will appear reflected on the screen, as well as any applicable conditions in your case.
9. Acceptance of the General Conditions of Purchase
When the purchase is made entirely through the Web, the Buyer must read these Conditions and accept them expressly, by clicking on the corresponding consent check box, which is unchecked by default.
In the event that there are special rules or restrictions that affect certain rates, discounts and/or products, such special rules or restrictions will be displayed on the screen before proceeding to purchase the product.
10. Withdrawal, changes and returns
Mascoboutique guarantees the Buyer the possibility of withdrawing from their purchase made through the Website, for any reason, and returning or changing the products purchased, within fourteen calendar days following the day on which they received the last of the products subject to the order. order. For this, the Buyer will have two options:
10.1. Withdrawal in person at the Mascoboutique physical store (C/ Castelló 45 in Madrid)
The Buyer, within the term established in the previous paragraph, may take the product(s) object of the withdrawal together with the invoice that justifies its acquisition to the Mascoboutique physical store located in Madrid at C/ Castelló 45, CP 28001. The store staff will check their status and that they are not products included in the withdrawal exceptions. If the product(s) are in identical conditions to those in which they were delivered, with all their original containers and packaging and may be subject to withdrawal, Mascoboutique will proceed -according to the Buyer's choice- to return the amount paid by the product/s purchased/s or to exchange them for others, prior payment of the price difference that may exist.
10.2. Non-face-to-face withdrawal
The Buyer may also withdraw from his purchase, within the period established in the first paragraph of this section, notifying Mascoboutique at the address C/ Castelló 45, 28001, Madrid or by writing to us at firstname.lastname@example.org of his decision to withdraw from the purchase. contract through an unequivocal statement (for example, a letter sent by post or email). For this, the Buyer may use the withdrawal form model that appears as Annex I to these Conditions and that will be sent by email once the order has been sent, although its use is not mandatory. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.
Mascoboutique will answer said email and continue with the withdrawal process if it has been communicated within the established period and provided that the product(s) subject to withdrawal are not products included in the withdrawal exceptions.
Once Mascoboutique answers the Buyer's email continuing with the withdrawal process, the latter may return the product(s) object of the withdrawal by the method they choose, having to assume the costs derived from it. In other words, the Buyer must send the products by their own means to the Mascoboutique physical store located at C/ Castelló 45, 28001, Madrid.
To facilitate the exercise of the right of withdrawal, Mascoboutique offers to manage the collection of the product(s) subject to withdrawal, if expressly requested by the Buyer and passing the cost on to it. In that case, Mascoboutique will commission a transport company to appear at the address that the Buyer provides in the communication to pick up the product(s). Keep in mind that this collection organized by Mascoboutique will entail a cost for shipping costs that we will previously indicate and that will be deducted from the total amount of the return.
The goods object of the withdrawal must be returned in identical conditions to those in which they were delivered, with all their original containers and packaging. The Buyer must make this return to Mascoboutique within a period of 14 calendar days from when they communicated their desire to withdraw from the contract. If these conditions are met, Mascoboutique will proceed -according to the Buyer's choice- to:
to. Reimburse the Buyer, within a period of 14 calendar days from when the Buyer informed him of his desire to withdraw, all payments received for the acquisition of the product(s), if he chose to return the product. If the Buyer requested Mascoboutique to collect the product(s) object of the withdrawal, Mascoboutique will deduct the costs of collecting the same(s).
b. Change the products object of the withdrawal for others, after compensation of the difference in prices that may exist and the collection costs, if applicable according to the provisions above.
10.3. Exceptions to withdrawal
There are some products to which the right of withdrawal will not apply. We refer to the legal exclusions of article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
In particular, we would like to emphasize that, by virtue of this article, the Buyer may not cancel his purchase when the object of the withdrawal is (i) sealed items that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, such as hygiene products; or (ii) articles made according to the specifications of the consumer and user or clearly personalized, such as identification plates once engraved.
In the event that the item purchased by the Buyer is found to be defective, we will proceed, as appropriate, to repair, replace, reduce and/or resolve in accordance with the legal guarantee.
If the Buyer contracts as a consumer and user, Mascoboutique offers guarantees on the products that it markets through the Website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifest within a period of two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by Mascoboutique and have the qualities that have been presented on the Website, (ii) they are suitable for the uses to which they are ordinarily intended products of the same type and (iii) present the usual quality and features of a product of the same type that are reasonably expected. In this sense, if any of the products does not conform to the contract, the Buyer must inform Mascoboutique, either by ordinary mail to the following address C/ Castelló 45, 28001, Madrid or by email to the email@example.com.
In addition, in compliance with European regulations and with article 40.5 of 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 the alternative resolution of consumer disputes, Mascoboutique makes available to the Buyers of its Website the link to theEuropean Union online dispute resolution platform: https://ec.europa.eu/consumers/odr. The European Commission has created this platform with the aim that online companies and consumers resolve conflicts out of court through it in a simple and transparent way, without going to court.
Mascoboutique also informs that in its store at C/ Castelló 45, 28001, in Madrid there are complaint forms available to those Buyers who are considered consumers and users according to current legislation.
The products offered by Mascoboutique, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. Mascoboutique only selects products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
11. Obligations of the parties
11.1. Obligations of Mascoboutique
Under these Conditions, Mascoboutique undertakes to:
to. Put their best efforts in the execution of the necessary procedures so that the Buyer receives the order.
b. Provide all the necessary documentation to receive the order.
c. Comply with any other obligations derived from the current regulatory framework, contained in these Conditions or in any other conditions that may be applicable.
11.2. Buyer Obligations
By accepting these Conditions, the Buyer agrees to:
to. Pay the corresponding amounts in a timely manner, including fees, taxes and any other costs specified during the purchase process. Failure to pay will exempt Mascoboutique from fulfilling its obligations.
b. Respond to the authenticity and accuracy of the data you provide to make the purchase.
c. Assume the responsibility derived from not meeting the requirements demanded by Mascoboutique to hold the condition of Buyer or from not having the documentation required to place the order.
d. Comply with any other obligations included in these Conditions or in any other conditions that may be applicable, such as the General Conditions of Use or the Specific Registration Conditions, and assume any liability derived from their non-compliance, leaving Mascoboutique totally unscathed.
12. Exclusion of liability
Mascoboutique will in no case be responsible for the damages that may be caused by the products purchased from the Buyer for reasons attributable to their person.
Merely by way of example and without exhaustiveness, Mascoboutique will not be responsible for:
to. The utility they have for the Buyer and/or the adaptation to their needs of the products purchased through the Website.
b. Personal or material damage caused as a result of the use of the products.
ac Failure to comply with obligations due to force majeure.
The activity of Mascoboutique is limited to the execution of the material tasks necessary to deliver the products that the Buyer has selected and subsequently acquired. In no case are we responsible for the choice of products you have made.
Mascoboutique establishes its composition and care in the characteristics of each product, the lack of diligence in checking these specifications is the Buyer's responsibility.
The responsibility that Mascoboutique assumes against the Buyer in no case includes loss of profits and will be limited, in any case, at most and for any concept, to the total amount received by Mascoboutique from the Buyer in accordance with the stipulation on economic conditions of these Terms.
Failure by the Buyer to comply with these Conditions or any other applicable regulations may result in damages for Mascoboutique. In this sense, Mascoboutique reserves the right to exercise the appropriate legal actions against the Buyer to demand the compensation it deems appropriate and thus compensate for the damages that have been caused.
Mascoboutique may at any time and without prior notice, update and/or modify these conditions. However, the client will always know the conditions applicable to their purchase before contracting. Said modifications will enter into force as of their publication on the Website through any means and form.
The modification of these Conditions will only affect the Buyers who accept them after said modification.
15. General issues
15.1. Safeguarding and interpretation of these Conditions
These Conditions accepted at any time and any other conditions that may apply to the Buyer constitute a single agreement between the parties.
In case of contradiction between the provisions of these Conditions and any other conditions signed between the parties, the terms and conditions of these Conditions shall prevail over the provisions of those, unless the stipulations included in them expressly establish otherwise.
The fact that any of the parties, due to impossibility or convenience, does not require strict compliance with any of the terms of these Conditions at a certain time, does not imply nor can it be interpreted as a total or partial modification of the same, nor as a waiver by you to enforce its strict terms in the future.
The declaration of nullity of one or more of the stipulations of these Conditions by the competent Authority will not prejudice the validity of the rest. In this case, the contracting parties undertake to negotiate a new stipulation to replace the canceled one with the greatest possible identity with it. If the substitution proves impossible and the stipulation is essential for these Conditions, in the opinion of the party harmed by its elimination, it may opt for the resolution of the Conditions.
Any reference made in these Conditions to an article or regulatory body that is repealed will be understood to be made to the equivalent provision that replaces it.
The language applicable to these Conditions is Spanish. If versions of these have been offered in other languages, it has been done as a courtesy and for the convenience of the Buyer. The latter expressly accepts that they will always be governed by the Spanish version.
If there is any contradiction between what the Spanish version of these General Conditions of Purchase says and what any of its translations say, in any case the Spanish version will prevail.
15.3. Legislation and jurisdiction
The relations between Mascoboutique and the Buyer arising as a result of the acceptance of these Conditions will be governed by Spanish legislation and jurisdiction.
For the resolution of the discussions or conflicts that have occurred between Mascoboutique and the Buyer who is considered a consumer and user in accordance with the applicable regulations on the matter, both will submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Courts of the Buyer's domicile.
In compliance with European regulations and with article 40.5 of Law 7/2017, of November 2, which incorporates Directive 2013/11/EU, of the European Parliament and of the Council, of November 21, into the Spanish legal system. May 2013, regarding the alternative resolution of consumer disputes, Mascoboutique makes available to the Buyers of its Website the link to theEuropean Union online dispute resolution platform:https://ec.europa.eu/consumers/odr. The European Commission has created this platform with the aim that online companies and consumers resolve conflicts out of court through it in a simple and transparent way, without going to court.
In the event that the Buyer is not considered a consumer and user in accordance with the applicable regulations, the parties will submit, expressly waiving any other jurisdiction that may correspond to them, unless by law another different jurisdiction is imperatively determined, to the Courts and Tribunals of Madrid.
Model withdrawal form (You only need to complete and send this form if you wish to withdraw from the contract)
For the attention of Mascoboutique, SL acting under the commercial name MASCOBOUTIQUE, with address for these purposes at c/ Castelló, 45, 28001, Madrid, Spain, email firstname.lastname@example.org and telephone 914354630.
I hereby inform you that I withdraw from my sales contract for the following property:
Ordered on/received on (delete what does not apply):
Consumer Signature (only if this form is submitted on paper):