Legal notice

This document contains the Terms of Use (hereinafter “the Terms”) that govern this website, as well as the contract that binds both parties – buyer and seller – entered into through the purchase of the items/services displayed on the brand's website or any external link to which it may redirect. The buyer is the user who makes a purchase of any item/service through this website, while the seller is the website owner, whose details are provided below.

For more information, please read these Terms and Conditions carefully, as well as all other legal documents, before authorizing payment and placing your order. Once payment is authorized, you agree to be bound by these terms and conditions. If you do not agree with these documents, please refrain from placing any orders. These Terms and Conditions may be modified unilaterally by the Owner, so you should read them before placing each order.

For any questions or concerns related to the Terms and Conditions or the Privacy Policy, you can consult our website, where you will find a contact form for this purpose.

Identification and Ownership

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the owner of the website www.mestizo.es (hereinafter, the 'Website') is HOUSE GENERAL STORE SL (hereinafter, 'The Owner'), with CIF number B87150454 and registered office at Piamonte Street 4, 28004 Madrid.

You can contact the Owner via email at e-shop@mestizostore.com and through the contact methods found at www.mestizo.es

Purpose

The purpose of the website www.mestizo.es is for buying decorative items and furniture.

Terms of Use

Using the website grants you the status of User and implies full acceptance of all the clauses and conditions of use included in the pages:

• Legal Notice
• Privacy Policy
• Cookie Policy

These Terms and Conditions are the only terms applicable to the use of this website and supersede any other terms, unless expressly agreed to in writing by the Seller. These Terms and Conditions are important to both parties, as they constitute the legally binding agreement between them, protecting your rights as a customer. If you do not agree with each and every one of these terms and conditions, please refrain from using this website.

Access to this website does not, in any way, imply the beginning of a commercial relationship with the Owner.

Through this website, the Owner provides you with access to and use of various content that the Owner or its collaborators have published via the Internet.

To this end, you are obliged and committed to NOT use any of the contents of the Website for purposes or effects that are illegal, prohibited in this Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the contents, computer equipment or documents, files and all types of content stored on any computer equipment owned or contracted by the Owner, other users or any Internet user.

Specifically, you declare that, by placing your order, you have read and accepted these terms and conditions, and in particular:

• You may only use the website to make legally valid inquiries or orders.
• You may not place any order that could be considered speculative, false, or fraudulent. If the brand reasonably believes that such an order has been placed, it is authorized to cancel it and report it to the relevant authorities.
• You are required to provide us with your correct and accurate email address, postal address and/or other contact details, and you consent to our use of this information to contact you if necessary (see our Privacy Statement).
• If you do not provide us with all the necessary information for the purchase, we will not be able to process your order.
• By placing an order through this website, you guarantee that you are of legal age and have sufficient legal capacity to enter into binding contracts.

Service Availability

The items shown and offered through the website will be available throughout the territory of the European Union and America, except in exceptional circumstances, or cases of force majeure, which will be announced in advance and in a timely manner.

Contract Formalization:

Access to this website does not, in any way, imply the start of a commercial relationship with the Owner. The sales contract will not be valid and effective between both parties until the order has been accepted. If the order is not accepted and any charge has been made to the buyer's bank account, the seller will refund the full amount.

The contract will only be formalized when the Shipping Confirmation or Order is sent to the buyer, once the buyer completes the online purchase procedure.

Only those products listed in the Shipping Confirmation will be subject to the Contract. The Owner is not obligated to supply the buyer with any other products that may have been ordered but have not been paid for or are not listed in the Shipping Confirmation.

Product availability:

All products are subject to stock availability. Therefore, in the event of supply difficulties or stock shortages, the seller reserves the right to provide the buyer with information on other products with similar characteristics or comparable items of equal or greater value that may be ordered. If a product has been paid for and is out of stock, the seller is obligated to refund the amount paid by the customer.

Refusal to process an order:

The seller reserves the right to remove any product from the website at any time, as well as to remove or modify any material or content therein. However, the seller guarantees to process all orders, although in exceptional circumstances, they may refuse to process some orders even after sending the Order Confirmation. The seller also reserves the right to refuse to process a specific order at any time and at their sole discretion, in which case no amount will be payable by the customer, who will be expressly informed.

Right of withdrawal:

The customer may withdraw from the Contract at any time within 14 working days of receiving the order. In this case, the price paid for the products will be refunded, in accordance with our Returns Policy.

The right of withdrawal from the Contract only applies to products returned in perfect condition. The customer must also include all instructions, documents, and product packaging. No refund will be issued if the product has been used or damaged. Therefore, please handle the product with care and retain the original boxes and packaging in the event of a return.

You will find more details about this legally recognized right, as well as an explanation of how to exercise it, later on. You will also receive a summary of it in your email when you receive the Shipping Confirmation.

Delivery:

Notwithstanding the foregoing, and unless extraordinary circumstances or force majeure occur, we will ship the items listed in the Shipping Confirmation before the delivery date shown therein. If no delivery date is specified, the shipping period will be 15 days from the date of the Shipping Confirmation.

If for any reason the agreed delivery date cannot be met, the customer will be informed and given the option to proceed with the order by setting a new delivery date, or to cancel it with a full refund. Please note that deliveries will not be made on Saturdays, Sundays, or public holidays.

The delay may be a consequence of the following situations:

• Personalization or customization of products;
• Specialized articles;
• Cases of force majeure;
• Unforeseen circumstances of an exceptional nature;
• Delivery area.

For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place at the time of signing for receipt of the products at the agreed delivery address.

Delivery impossibility:

If, after two delivery attempts, delivery is unsuccessful, the customer will be informed of the nearest collection point where the package can be picked up. If you are not at the delivery address on the agreed date and time, please contact us to arrange a new delivery date.

Transfer of risk and ownership:

Both the risk of loss and ownership of the Products will be transferred to the customer when the seller receives full payment of the amount resulting from the purchase process, or at the time of delivery of the product.

Price and Payment:

The price of the products will be as stated on the website at any given time, except in cases of obvious error. If there is an error in the price of any of the products included in the order, the customer will be informed as soon as possible and given the option of placing the order again at the correct price or canceling it. If the seller is unable to contact the customer, the order will be considered canceled and any amounts paid will be refunded.

All prices on the website include the corresponding VAT but do not include shipping costs, which will be added to the total amount, according to our Shipping Cost Guide.

Prices may vary depending on various circumstances, such as campaigns, promotions, or sales periods. Except as stated above, any changes will not affect orders for which a Shipping Confirmation has been sent.

Value Added Tax (VAT):

In accordance with current legal regulations, all purchases made through the website will be subject to VAT, except those destined for the Canary Islands, Ceuta or Melilla.

In this respect and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of VAT, deliveries shall be deemed to be located in the Member State indicated in the delivery address of the goods, the applicable VAT being the legally applicable rate in each Member State of destination of the goods indicated in each order.

In accordance with the applicable regulations in each jurisdiction, in deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the "reverse charge" rule (Article 194 of Directive 2006/112) could apply, which would imply that we would not charge VAT, without prejudice to the recipient's obligation to self-charge the tax accrued in the transaction.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to Article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.

Contractual liability and disclaimer of liability:

Liability in relation to any Product purchased on our website will be strictly limited to the purchase price of that Product.

No other provision in the Purchase conditions excludes or limits in any way the seller's liability in the event of death or personal injury caused by negligence; fraud or fraudulent misrepresentation; any matter considered illegal or unlawful.

Notwithstanding the foregoing, unless otherwise provided in the Terms and Conditions and to the extent permitted by law, the seller shall not accept any liability for indirect damages caused by the loss of the product, nor for principal damages that occur in any way, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

All product descriptions, information, and materials on the website are provided "as is" and without any express, implied, or other warranties.

The Owner disclaims all liability for any interruptions or malfunctions of the Services or content offered online, regardless of the cause. Likewise, the Owner is not liable for network outages, business losses resulting from such outages, temporary power outages, or any other type of indirect damage that may be caused by circumstances beyond the Owner's control.

The provisions of this clause shall not apply to the rights recognized by law to the consumer, nor to their right of withdrawal from the contract

Communications:

By using this website, the buyer agrees that all communications between both parties will be electronic. The seller may contact the customer by email or through notices posted on the website. Therefore, for contractual purposes, the customer consents to receiving electronic communications and acknowledges that all contracts, notices, and information sent to them comply with applicable legal requirements. This condition does not affect their statutory rights.

Communications will be deemed received upon publication on the website, or in the case of email, 24 hours after sending. For postal mail, receipt will be considered received 3 days after postage.

Assignment of rights and obligations :

The signed contract is fully legal and binding on both parties from the moment it is deemed valid. The customer may not assign, transfer, encumber, or otherwise dispose of this Contract or any of the rights or obligations arising from it without the prior written consent of the seller.

Furthermore, the seller may assign, transfer, encumber, subcontract, or otherwise dispose of a Contract or any of its rights or obligations arising from it at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, encumbrances, or other dispositions will not affect the customer's statutory rights as a consumer or otherwise nullify, reduce, or limit any express or implied warranties that may have been granted to the customer.

Events beyond the seller's control

The seller will not be liable for any failure or delay in performing any of the obligations it assumes under a contract that is due to any event or cause of force majeure beyond its reasonable control.

Force Majeure Events shall include any act, event, non-occurrence, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:

• Strikes, lockouts or other protest measures.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of other governments.
• Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.

The obligation to perform under the contract shall be suspended for the duration of the force majeure event. In such cases, the deadline for fulfilling said obligation shall be extended, with the seller making every reasonable effort to find a solution that benefits both parties to the contract.

Resignation:

If, during the term of the Contract, the seller does not insist on strict compliance with any of the obligations assumed under the Contract or any of these Conditions, it will not constitute a waiver of such rights or remedies, nor will it release the customer from complying with such obligations, nor will it release the customer from their subsequent compliance.

No waiver by us of any of these Terms will be effective unless expressly stated as a waiver and communicated to the customer in writing in accordance with the provisions of the Notices section above.

Contract integrity:

These Terms and Conditions and any documents expressly referenced herein constitute the entire and indivisible agreement between the parties and form the core of the contract. They supersede all prior agreements, understandings, or promises between the parties.

Both parties acknowledge that they are entering into this contract without any prior representation or promise. The contracting parties waive any inaccurate representations made by the other party, whether oral or written, prior to the date of this contract (unless such inaccurate representation was made fraudulently), and their sole recourse for breach of contract shall be in accordance with these Terms and Conditions.

If any of these conditions or clauses are deemed invalid, illegal, or unenforceable to any extent by the competent authority, they will be voided, without affecting the others, which will continue to be in force to the extent permitted by applicable law.

Right of modification:

The seller and website owner reserves the right to review and modify these conditions at any time.

The customer will be subject to the policies and terms and conditions in effect at the time the order is placed. If such modifications are due to a legal obligation, any changes will also affect orders placed by the customer within the previous 14 days of receiving the order.

Comments:

The Owner reserves the right to remove any comments that violate current legislation, harm the rights or interests of third parties, or that, in its judgment, are unsuitable for publication.

The Owner will not be responsible for the opinions expressed by users through the comments system, social networks or other participation tools, in accordance with the provisions of the applicable regulations.

Security measures

The personal data you provide to the Owner may be stored in automated or non-automated databases, which are owned exclusively by the Owner, who assumes all technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current data protection regulations.

However, you should be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, the Owner cannot guarantee the absence of viruses or other elements that may cause alterations to the User's computer systems (software and hardware) or to their electronic documents and files contained therein, although the Owner provides all necessary means and takes appropriate security measures to prevent the presence of these harmful elements.

Personal data

You can consult all the information related to the processing of personal data collected by the Owner on the Privacy Policy page.

Cookies policy

On the Cookie Policy page you can find all the information related to the cookie collection and processing policy.

The Owner only obtains and retains the following information about visitors to the Website:

• The domain name of the provider (ISP) and/or IP address that gives them access to the network.
• The date and time of access to the website.
• The originating Internet address of the link that directs to the website.
• The number of daily visitors to each section.
• The information obtained is completely anonymous, and in no case can it be associated with a specific, identified User.

Links of interest to other websites

The Owner may provide you with access to third-party websites through links in order to inform you of the existence of other sources of information on the Internet where you can expand on the information offered on the Website.

These links to other websites do not in any way constitute a suggestion or recommendation for you to visit the destination websites, which are beyond the Owner's control. Therefore, the Owner is not responsible for the content of the linked websites or the results obtained by following the links.

Likewise, the Owner is not responsible for the links located on the linked websites to which it provides access.

The establishment of a link does not imply in any case the existence of a relationship between the Owner and the owner of the site on which the link is established, nor the acceptance or approval by the Owner of its contents or services.

If you access an external website from a link found on the Website, you should read the other website's own privacy policy, which may differ from this Website's.

 

Intellectual and industrial property

All rights reserved.

All access to this website is subject to the following conditions: Reproduction, permanent storage, and dissemination of the contents or any other use for public or commercial purposes is expressly prohibited without the prior express written consent of the Owner.

Limitation of liability

The information and services included on or available through this website may contain inaccuracies or typographical errors. The Owner periodically makes improvements and/or changes to the information and/or services, which may be implemented at any time.

The Owner does not represent or warrant that the services or content will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available will be free of viruses or other harmful components, notwithstanding the Owner's best efforts to avoid such incidents.

Before making decisions and/or taking actions based on the information included on the Website, the Owner recommends that you check and compare the information received with other sources.

Right of exclusion (optional)

The owner reserves the right to deny or withdraw access to the website and the services offered without prior notice, at his own discretion or at the request of a third party, to those users who fail to comply with any of the conditions of this Legal Notice.

Jurisdiction

This Legal Notice is governed entirely by Spanish law.

Unless otherwise required by law, for any questions that may arise regarding the interpretation, application and compliance with this Legal Notice, as well as any claims that may arise from its use, the parties agree to submit to the Courts of the city of Madrid, expressly waiving any other jurisdiction that may correspond to them.

Contact

If you have any questions about these Legal Terms or wish to make any comments about this website, you can send an email to e-shop@mestizostore.com .