1. PURPOSE AND SCOPE OF APPLICATION

The purpose of these General Terms and Conditions for contracting and using this website is to regulate the provision of the information supplied in the VENDOR’s online shop, as well as to guide the user throughout the product purchasing process.

Both browsing the online shop and the purchase of any of the products offered therein, implies the acceptance as a CLIENT, without reservations of any kind, of each and every one of these general contracting conditions and of other documents that form an integral part of these conditions such as the privacy policy and cookies policy.

 
2. IDENTIFICATION OF THE CONTRACTING PARTIES

On the one hand, the seller, whose details appear in the heading of these conditions, and on the other hand, THE CUSTOMER, whose details have been entered by him/her, so that the responsibility for the authenticity of the same corresponds directly and exclusively to him/her.

 
3. OBLIGATIONS RELATING TO THE PURCHASE PROCEDURE

The CLIENT is solely responsible for the veracity of the data entered by him/her in the purchase procedure, and accepts the obligation to provide truthful, accurate and complete data. If the CLIENT fails to comply with this obligation, he/she shall be liable for any possible damages caused to the seller or any third party involved.

4. CONDITIONS OF SERVICE

The commercial conditions of this service and any offers that may be made by the SELLER will always appear on this website and may therefore be consulted, archived or printed.

The SELLER reserves the right to modify these General Terms and Conditions of Business and any other document displayed on the website at any time without prior notice.

5. RESPONSIBILITIES

THE VENDOR shall not be liable for any delays or faults that may occur in the access, functioning and operability of the Website, or in its services and/or contents, nor for any interruptions, suspensions or malfunctioning of the same, when these are caused by breakdowns due to natural catastrophes or situations of force majeure, or of extreme urgency, such as strikes, attacks or computer intrusions or any other situation of force majeure or fortuitous cause, as well as errors in the data transfer telematic networks and in any case when the error has been produced by a third party outside the SELLER’s business organisation.

THE VENDOR is responsible for the reliability, truthfulness and accuracy of the contents, data or information regarding the products offered on its website, unless these have been modified by third parties, external or not to the organisation, without the express authorisation of the company.

In the event of any typographical error occurring at any time, at all times beyond the control of the VENDOR, it will be corrected immediately. If there is an error of this type in any of the prices shown and a CLIENT has made a purchase decision based on this error, we will inform the CLIENT of this error and the CLIENT will have the right to cancel the purchase without any cost on their part. The sending of an automatic purchase confirmation does not validate the erroneous price conditions.

Similarly, it is possible that the contents of the website may sometimes show provisional information on some products. In the event that the information provided does not correspond to the characteristics of the product, the CUSTOMER shall have the right to cancel the purchase without any cost on his part.

The images published correspond to the products offered, however it should be borne in mind that the colours depend on the calibration of the colour on the User’s screen, for this reason the colours are approximate, and the description of the product given is binding.

6. PERFECTION OF THE CONTRACT

The validity of contracts concluded by telematic means is covered by article 23, paragraphs 1 and 3, of Law 34/2002 on Information Society Services and Electronic Commerce and are equally valid and shall produce all the effects of Civil and Commercial Law.

The Contract is completed from the moment in which the CLIENT expresses his/her agreement, therefore we ask you to carefully follow all the purchase procedures.

The provider will file the electronic document in which the contract is formalised and this will be accessible to the CUSTOMER at the time of purchase and after the purchase through their user profile created on the website.

7. PURCHASE PROCEDURE

The procedure for contracting the service is carried out electronically through this website. The steps to carry out the contracting are as follows:

7.1 PRODUCT SELECTION:

You only need to click on the product to obtain its detailed file, which shows the photo, description, composition, price, shipping, and possible promotions, offers or gifts that may be included. Both the price of the products offered and the shipping costs are subject to 21% VAT.

If you want the product in question to be added to the “Shopping Cart”, simply click on the “Add to Cart” icon. You can continue selecting products to be added to the shopping cart or click on “View cart” and the page will appear showing all the products selected up to that moment. If you wish to remove them, click on the “Delete” option. You will also have the possibility to continue shopping by clicking on “Back to the shop”, or proceed to the contracting phase itself, if you click on “Checkout”.

7.2 SHOPPING CART

The following data is displayed in the shopping cart:
Product/s 2. Price of the products 3. Quantity 4. Shipping cost

7.3 DATA ENTRY OR REGISTRATION PHASE

Secondly, once you have clicked on the “Finalise purchase” button, you will be taken to the CUSTOMER identification phase where you have two options:

1. If you are already registered, you must enter your username and password.
2. If you are a new CUSTOMER you must register as a user, you will be asked for the following personal details: a. Name and surname b. Full address c. VAT number d. Telephone number e. E-mail address. E-mail address. f. Password g. Acceptance of the Privacy Policy

7.4 DELIVERY DATA:

The shipping details will be the same as the billing details. If you wish the delivery address to be different from the billing address, you must tick the box “Send to a different address?” and enter the required delivery details.7.5 METHOD OF PAYMENT

Payment is made by debit/credit card or via PayPal, using a PayPal account.

7.6 SENDING CONFIRMATION VIA EMAIL

Once payment has been made, the CUSTOMER will automatically receive an e-mail to the address provided in the Registration phase, which will show all the information relating to the purchase. The order confirmation e-mail will be sent within a maximum period of 24 hours in accordance with the Law. However, as this is a technical and automatic element, errors may occur that are beyond the control of the Web Site Manager, so please inform the company if you do not receive this e-mail from the VENDOR. The email with the specific details of the order will be sent within 3 calendar days of the order confirmation.

8. SHIPMENT OF THE PRODUCT

8.1 SHIPPING CONDITIONS

We only ship to mainland Spain and the Balearic Islands.

We do not ship to the Canary Islands, Ceuta or Melilla due to customs issues. If you want to make a purchase in this destination, you can write us via email and you can arrange the collection and shipment of your purchase.

All our packages are packed and shipped as fragile products. If the package is damaged, please write to us at info@mariamonasterio.com on the day of delivery so that we can fix the problem. Please keep the package as you received it. To be effective, all communications must be addressed to this email address.

If the package is a gift, please make sure that the recipient is at home on these dates to notify us immediately of any possible damage or that someone can open the package on your behalf and confirm that everything has arrived safely.

Shipping costs vary depending on weight and are calculated at checkout.

We are not responsible for shipping costs if the shipping information is incorrect. In these cases, the CUSTOMER must bear the costs of the second shipment. In the event that the package is returned to our factory, we are not responsible for the cost of a second shipment.

8.2 DELIVERY TIMES

Peninsula: The shipment is made with Nacex. It may take 4 to 5 working days between preparation and delivery time.

Balearic Islands: The shipment is made with Nacex Marine. It can take 6 to 7 working days between preparation and delivery time.

8.3 TRACKING YOUR ORDER

Nacex (national shipments) offers a 24 hour service and provides you with a tracking number of the package via SMS to your mobile phone as well as a telephone number that you can contact if you want to make any changes during delivery.

8.4 WORKSHOP COLLECTION

Monday to Thursday from 9am to 4pm and Friday from 9am to 2pm.

For workshop collections, you must wait to receive a confirmation email stating that your package is ready for collection. If you do not have flexible arrival times, we recommend that you request delivery by a courier.

9. RETURNS AND EXCHANGES

We fully understand that buying online can be complicated, especially when it comes to getting an idea of the polish color. If you are ordering large dinnerware and are still undecided about the color, we recommend purchasing a small item first.

In case of exchange or return, MARÍA MONASTERIO CERAMIC STUDIO is not responsible for shipping costs, except if the merchandise arrives broken at its destination.

If the part does not meet your expectations, you can exchange it or request a return within 14 days of delivery and we will refund the amount to the same payment method with which you made the purchase. (Custom orders are not included.)

If your ceramic arrives broken, take a photo of the damage and send it to info@mariamonasterio.com on the same day of delivery so we can fix the problem. Please keep the package as you received it. All of our packages are packaged and shipped as fragile products.

Please note that the responsibility for safely returning breakable items to us is yours. We cannot exchange items that are returned to us in anything other than like-new condition, so if the item is damaged in transit you will not receive a refund. Take your returns to a trusted carrier to pack the items if you are concerned about your packing skills.

Returns will only be refunded once received in acceptable condition.

Steps to follow in the return process:

1. Send us an email to info@mariamonasterio.com with the details of your order and request for an exchange or return. We will contact you with shipping information for exchange or return if the deadline is met.
   You must return the package sent as fragile and “insured” merchandise to us within 3 days of us contacting you to give you return instructions.
   Once the piece arrives and we verify that it is in perfect condition, we will make the exchange or return as soon as possible.

Returns are not accepted in the “Ceramic Experience” workshops. If you want to change the reservation date you must do so 3 days before said date. After that date no modifications are allowed.

If you have any questions you can write to us at info@mariamonasterio.com

10. VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND COMPLETION OF THE CONTRACT

Both parties expressly declare that the acceptance of the VENDOR’S service offer by the CLIENT is carried out by following the purchase procedure described in section 8, PURCHASE PROCEDURE.

The fact of following telematically all the steps described in point 8 for the purchase process of the products and complements by the CUSTOMER implies full and express acceptance of these general contracting conditions, understood as sufficient to enter into the contract.

The contract will be perfected from the date on which the CUSTOMER expresses its conformity with the contracting conditions published at the time of purchase, and must expressly select the acceptance of the same.

11. PARTIAL INVALIDITY

Should any part of these terms of service be unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties undertake to renegotiate those parts of the terms of service that are invalid and to incorporate them into the remaining terms of service.

 
12. APPLICABLE LAW AND JURISDICTION

Any claim or litigious matter that is incumbent upon the SELLER or any of its dependents will be subject to Spanish legislation and will be submitted to the competent arbitration courts in Madrid to which the seller is a member, given that this extrajudicial method is fast, efficient and economical, and allows any disagreements that may arise between consumers and users and the seller to be easily resolved.

To make a complaint to the seller, you can do so by telephone: 678 438 519 or by email to info@mariamonasterio.com (in order to make communication possible, we recommend that you insert your real email address, name and telephone number).