Legal notice

These Terms of Use for this website, together with the contract governing the relationship between the two parties involved—the buyer and the seller—are set out in this agreement. This agreement is entered into through the purchase of the goods or services displayed on www.matutahome.com or on any external link to which the user may be redirected. The buyer is the user who purchases any item or service through this website, while the seller is the owner of the website, whose details are provided below.

We recommend that you read these Terms of Use and all other legal documents carefully before authorising payment and placing your order. By authorising payment, you agree to be bound by the terms described here. If you do not agree to these terms, please refrain from placing an order. Please note that the owner reserves the right to amend these Terms of Use unilaterally.

Owner's details

In accordance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we inform you that Rosario Linares Martínez, holder of Spanish tax identification number (NIF) 04605566T and with registered address at Calle Dolores Romero 5, 28028 Madrid, is the owner of www.matutahome.com. You can contact the owner by emailing info@matutahome.com or by using the contact form on the website.

Terms of Use

By using this website, you become a User and fully accept the clauses and terms of use included on the following pages of the website: Legal Notice, Cookie Policy and Privacy Policy.

These Terms apply exclusively to the use of this website and supersede any other agreement unless the Seller has given prior, express written consent. These Terms constitute the legally binding agreement that protects the customer's rights. If you do not agree to each of these clauses and terms, please refrain from using this website.

Accessing this website does not, under any circumstances, create a commercial relationship with the Owner.

Through this website, the owner provides you with access to and use of various items of content published online by the Owner or its collaborators.

The user undertakes to use this website, its services and its content in accordance with applicable law and with due regard for good faith and public order. Use of the website for unlawful or harmful purposes, or in any way that interferes with its normal operation, is strictly prohibited. The content of this website may not be reproduced, distributed or modified, in whole or in part, without the express authorisation of Rosario Linares Martínez, its lawful owner. Any infringement of the rights of the service provider or Rosario Linares Martínez is also prohibited. The content may not be used for commercial or advertising purposes. By using this website, the user undertakes not to take any action that could damage the image, interests or rights of Rosario Linares Martínez or of third parties. The user also undertakes not to damage, disable or overload the website or any element that prevents its normal use. Users should nevertheless be aware that security measures for computer systems on the Internet are not completely infallible. Rosario Linares Martínez therefore cannot guarantee the absence of malware or other elements that could alter the user's computer systems, whether software or hardware, or their electronic documents and files. Rosario Linares Martínez nevertheless uses all necessary means and appropriate security measures to prevent the presence of such harmful elements. Rosario Linares Martínez accepts no liability if the user downloads malware while using this website. Users are therefore strongly advised to keep the antivirus systems on the devices they use to access the Internet up to date.

By placing your order, you declare that you have read and accepted the following terms:

By placing an order through www.matutahome.com, you warrant that you are of legal age and have the legal capacity required to enter into binding contracts.

To process your order, you must provide an accurate and correct email address, postal address and other contact details. With your consent, we will use this information to contact you when necessary, in accordance with the terms of our Privacy Statement.

Only enquiries or orders that are legally valid may be made through the website. Orders that could be considered speculative, false or fraudulent are strictly prohibited. If the brand has reasonable grounds to suspect that such an order has been placed, it may cancel it and notify the competent authorities.

If you do not provide all the information required to complete the purchase, we will be unable to process your order.

By placing an order through this website, you declare that you have read and accepted these terms together with the general terms and conditions set out here.

Formation of the Contract

Please note that accessing the website does not automatically create a commercial relationship with the owner. The contract of sale between the parties will not be valid or take effect until the order has been accepted. If the order is not accepted and an amount has been charged to the buyer's bank account, the seller will refund that amount in full.

The contract will be formed when the Shipping or Order Confirmation is sent to the buyer after the buyer has completed the online purchasing process.

To place your order, you must follow the online purchasing procedure and authorise the corresponding payment. Once you have completed this process, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). This confirmation does not, however, mean that your order has been accepted immediately. Your order constitutes an offer to purchase one or more products.

All orders are subject to our acceptance. We will confirm acceptance by sending you an email notifying you that the product has been dispatched (the “Shipping Confirmation”). The contract for the purchase of the product between us (the “Contract”) will be formed only when we send you the Shipping Confirmation. Only the products listed in the Shipping Confirmation will form part of the Contract. We will not be obliged to supply any other product ordered until we confirm its dispatch in a separate Shipping Confirmation.

Product availability

If there are supply difficulties or the products you want are not in stock, we will take steps to offer you suitable alternatives. We will provide information about substitute products that meet the same or higher quality standards. If you do not wish to order those substitute products, we will refund any amount you have paid.

Essential product characteristics

The products offered on the website are accompanied by a photograph and details of their characteristics; this information is supplied by the manufacturer.

Please note that the products we sell, particularly handmade products, may have natural characteristics arising from the materials used to make them. Features such as variations in grain, texture, knots and colour should not be regarded as defects or faults. The colour shown in photographs is not binding, as the lighting used to take the photographs may cause colours to appear different.

Refusal to process an order

Rosario Linares Martínez reserves the right to withdraw any product from the website at any time and to remove or modify any content or material on it. Notwithstanding the foregoing, Rosario Linares Martínez guarantees that all orders will be processed. In exceptional circumstances, however, she may refuse to process an order even after sending the Order Confirmation. The seller also reserves the right, at any time and at its discretion, to refuse to process a specific order. In that event, no payment will be required from the customer, who will be expressly informed of the refusal.

Right of withdrawal

The customer may cancel the contract and exercise the right of withdrawal within the 14 working days following receipt of the order. In that event, the price of the products will be reimbursed in accordance with our Returns Policy.

The right of withdrawal applies only to products returned in perfect condition, including all instructions, documents and original packaging. No reimbursement will be made if the product has been used or damaged. You are therefore advised to handle the product with care and keep the original boxes and packaging in case it needs to be returned.

Further details about this right and how to exercise it are provided in the Shipping Confirmation and in our email communication. The period for exercising the right of withdrawal is fourteen calendar days from receipt of the product, without penalty and without having to give a reason. There are, however, some exceptions, including personalised products and products that cannot be returned because of their nature.

Products made to the customer's specifications, made-to-order products and upholstered furniture (armchairs, sofas, chairs, stools or any type of upholstered seating) cannot be exchanged or returned.

To exercise the right of withdrawal, you may email info@matutahome.com or use the contact form on our Contact page.

Warranties

All products offered on this website are covered by the supplier's statutory warranty.
We provide an after-sales service and, while the warranty remains valid, the customer may make a claim under it by contacting Rosario Linares Martínez at info@matutahome.com, completing the contact form on this website or contacting the points specified by the owner.

Prices and delivery charges

In certain cases, depending on the products and the customer's location, delivery charges may be available only on request through the website. In such cases, www.matutahome.com will respond within a maximum of three working days. The products concerned will remain available for purchase on the website while the request is being processed. Some products may, however, cease to be available by the time the order is validated.

All products display their selling price in euros and include Value Added Tax (VAT). If any other tax applies, this will be stated (IGIC or IPSI).

For purchases made within the European Union VAT area, the corresponding value added tax (VAT) will apply unless the purchaser is a business established outside Spain with a valid tax identification number (NIF) for intra-Community transactions.

For deliveries outside the European Union and its VAT area, VAT will not be included in the price and taxes connected with the arrival of the parcel will be the customer's responsibility.

In accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of value added tax (VAT), supplies will be deemed to take place in the destination country shown in the delivery address for the products. The corresponding VAT rate in force in the destination country for the products specified in each order will therefore apply.

Under the legislation in force in each jurisdiction, the “reverse charge” mechanism may apply to supplies of goods made in certain European Union Member States to recipients that are businesses or professionals (Article 194 of Directive 2006/112). This means that we will not charge VAT, without prejudice to the recipient's obligation to account for the tax applicable to the transaction.

For orders sent to the Canary Islands, Ceuta and Melilla, supplies will be exempt from VAT in accordance with Article 146 of the aforementioned Directive. The applicable taxes and duties will nevertheless be charged in accordance with the legislation in force in each of those locations.

The price of each product will be the price stated on the website at the relevant time, except in the event of an obvious error. If there is an error in the price of a product included in your order, we will contact you as soon as possible to inform you and offer two options: placing the order again at the corrected price or cancelling it. If we are unable to contact you, we will assume that you wish to cancel the order and will refund any amount paid.

Prices may vary for a number of reasons, including promotional campaigns or sale periods. These changes will not affect orders for which a Shipping Confirmation has already been sent.

Depending on the product, we deliver to mainland Spain, Europe or the rest of the world. Delivery charges depend on the delivery area, size and weight and will be specified before the order is completed. Any customs charges applicable to an order will be borne by the customer.

The delivery price is calculated during the purchasing process.

Promotions and validity

For promotional products, the promotional price and the period for which it is valid will always be stated clearly alongside the product's essential characteristics.

In accordance with applicable legislation, Rosario Linares Martínez provides information about all items offered for sale, including their characteristics and prices. Rosario Linares Martínez nevertheless reserves the right to withdraw, replace or change the products offered on her website simply by modifying its content. The products available through the website at any given time will therefore be subject to the General Terms and Conditions of Contract then in force. Rosario Linares Martínez also reserves the right to discontinue access to those products at any time and without prior notice.

Dispatch times

The estimated dispatch times are stated in the delivery section for each product. These times indicate when the product leaves our warehouse. Please note that made-to-order products are subject to production and may be delayed because the supply time does not depend entirely on us. Orders for heavy items may also be delayed because their delivery is more complex.

For the purposes of these Terms of Use, delivery will be deemed to have taken place when receipt of the products is signed for at the delivery address you provided.

If no delivery date has been specified or agreed, www.matutahome.com undertakes to deliver the product without undue delay and, in any event, within a maximum of sixty (60) days from the date on which the contract was concluded.

Please note that www.matutahome.com uses external carriers to deliver products. Depending on the product ordered, the customer must therefore provide their telephone number to the carrier so that the delivery date and time can be arranged.

Deliveries

Products may be delivered by postal parcel or by specialist carrier, depending on their type and size:

Delivery of small products:

Delivery will be made as a postal parcel through a postal service appropriate to the country of delivery. The parcel will be handed to the customer upon signature and/or presentation of proof of identity.

If the customer is absent, a notice will be left asking them to collect the parcel from the corresponding post office within the specified period.

Delivery of bulky products:

Larger items will be delivered by specialist carriers, either to street level or directly into the home, depending on the type of product and the destination.

Unless otherwise stated on the website, bulky products will be delivered to the address given by the customer and to the ground floor by default, unless the customer has purchased an additional service for delivery inside the building. Delivery will be made using a vehicle up to the size of an articulated lorry. The customer is responsible for ensuring that the delivery location is accessible to this type of vehicle.

Where possible, www.matutahome.com will offer additional services for delivery to the same floor and/or installation of products in the home. In such cases, in addition to ensuring access for the vehicle described above, the customer must ensure that the products can be carried through the building's lift or stairs.

If the customer is absent on the agreed delivery date and at the agreed time, additional charges for further journeys or deliveries will apply in accordance with the terms set out under “Delivery problems”.

Delivery problems

The maximum period for delivery of the products is sixty days. If this period is not met, the customer must formally notify www.matutahome.com and request delivery within a reasonable additional period. If delivery is not made within that period, the customer may terminate the contract.

In the event of termination, www.matutahome.com will reimburse the customer, without undue delay, the total amount paid for the products, including value added tax and delivery charges. The reimbursement will be made using the same means of payment as the customer used for the purchase.

If a bulky parcel cannot be delivered because the vehicle described above cannot access the property, because the products cannot be carried via the stairs or lift, or because the customer is absent on the agreed date and at the agreed time, an additional charge will apply for redelivery. This additional charge will be equal to the original delivery charge. The customer will be contacted to propose a new delivery date.

If the customer rejects or cancels an order, the return delivery costs will be borne by the customer. Those costs will be equal to the original delivery costs and will be deducted from the refund due to the customer for the order.

If redelivery is required, the delivery period will be extended by up to fourteen days from the date originally scheduled for delivery.

If the customer fails to collect a parcel from the post office within the specified period, the customer will be responsible for the cost of returning the parcel. If that cost is not paid, it will remain the customer's responsibility and will be deducted from the reimbursement.

If a parcel is delivered with obvious damage, the customer must refuse it and immediately notify www.matutahome.com by email at info@matutahome.com.

www.matutahome.com is responsible for the products until they are delivered to the customer. The customer is reminded that they have three days to report any damage, partial loss or discrepancy found upon delivery. If the customer does not provide such notice, they will no longer be able to bring claims against the carrier or www.matutahome.com for damage or partial loss. Signing the delivery note without reservations concerning damaged, missing or incorrect items will be regarded as the customer's full acceptance of the order as complete and in perfect condition.

The customer will not be entitled to claim compensation or reimbursement if notice is not given in time.

If there are delivery problems, the customer must provide evidence of any defects or damage occurring in transit, and www.matutahome.com reserves the right to carry out direct or indirect inspections and checks at the location. The return of non-conforming products is subject to the prior acceptance of www.matutahome.com.

Passing of risk and ownership

Both the risk in and ownership of the Products will pass to the customer when we receive payment in full of the amount arising from the purchasing process, or when the product purchased by you is delivered.

Contractual liability and disclaimer

In relation to the purchase of any product from our website, our liability will be limited solely to the purchase price of the product concerned.

This limitation of liability does not in any way affect our liability for death or personal injury caused by negligence, fraud or fraudulent conduct, or for any other matter for which exclusion or limitation would be unlawful.

To the extent permitted by law and unless these Terms provide otherwise, Rosario Linares Martínez will not be liable for indirect loss arising from the loss of the product, or for direct loss arising in any manner, whether through negligence, breach of contract or otherwise, even if foreseeable.

All product descriptions, information and materials provided on our website are supplied “as is” and without express or implied warranties. We endeavour to provide information that is as accurate and up to date as possible, but cannot guarantee its accuracy or completeness.

Providing a high-quality service and ensuring customer satisfaction are our highest priorities, but these limitations should be taken into account when making a purchase from our website.

We accept no liability for any interruption or malfunction of services or content offered over the Internet, regardless of the cause. We are also not liable for network failures, commercial losses arising from such failures, temporary power cuts or other indirect loss caused by factors external to our business.

Nothing in this clause affects the consumer's statutory rights, including the right to withdraw from the contract.

Rosario Linares, as seller, will not be liable for any failure or delay in performing contractual obligations caused by an event or circumstance of force majeure beyond her reasonable control.

Force Majeure Events will include any act, event, failure to act, omission or accident beyond the reasonable control of Rosario Linares.

The obligation to perform under the contract will be deemed suspended for the duration of the force majeure event. In such cases, the period for performing that obligation will be extended, and Rosario Linares will use all reasonable means to find a solution that benefits both contracting parties.

Rosario Linares Martínez reserves the right to remove any comment that breaches applicable law, harms the rights or interests of third parties or, in her judgement, is unsuitable for publication. In accordance with applicable legislation, Rosario Linares is not responsible for opinions expressed by users through the comments system, social networks or other participation tools.

Communications

By accessing and using this website, you agree that all communications between the parties may be made electronically. As seller, we reserve the right to contact you by email or by notices posted on the website. By accepting these Terms, you therefore consent and agree to receive electronic communications and acknowledge that any contract, notice or information sent in this way satisfies the applicable legal requirements. This provision does not affect your statutory rights.

Communications will be deemed received when they are posted on the website. An email will be deemed received 24 hours after it is sent. If sent by post, a communication will be deemed received within three days after it is posted.

Security measures

The personal data you provide to Rosario Linares Martínez may be stored in automated or non-automated databases owned exclusively by Rosario Linares Martínez. We have adopted all technical, organisational and security measures necessary to ensure the confidentiality, integrity and quality of the information they contain, in accordance with applicable data protection legislation. You should nevertheless be aware that security measures for computer systems on the Internet are not completely infallible. We therefore cannot guarantee the absence of viruses or other elements that could affect your computer systems, whether software or hardware, or the electronic documents and files stored on them, despite implementing all necessary means and taking appropriate security measures to prevent the presence of such harmful elements.

Personal data

Detailed information on the processing of your personal data by Rosario Linares Martínez is available in our Privacy Policy on the website.

Cookie Policy

Information about our policy on the collection and processing of cookies is available in our Cookie Policy on the website.

Intellectual and industrial property rights

The user undertakes to respect the intellectual and industrial property rights of Rosario Linares Martínez. The user acknowledges and agrees that the whole of www.matutahome.com, including its text, software, content, images, audiovisual material and graphics, as well as their structure, selection, arrangement and presentation, is protected by trade marks, copyright and other legal rights recognised under international treaties to which Spain is a party and under Spanish property and other laws.

The reproduction, distribution and communication to the public, including making available, of all or part of the content of this website for commercial purposes and in any medium or technical format is expressly prohibited without the prior authorisation of Rosario Linares Martínez.

All rights reserved. The reproduction, permanent storage and dissemination of the content of this website, as well as any other use for public or commercial purposes, is expressly prohibited without the prior express written consent of Rosario Linares Martínez.

Assignment of rights and obligations

The contract you have entered into with Rosario Linares Martínez is lawful and binding on both parties once it becomes valid. You may not transfer, assign, charge or otherwise dispose of a Contract or any rights or obligations arising from it without first obtaining the written consent of Rosario Linares Martínez.

Rosario Linares Martínez may transfer, assign, charge, subcontract or otherwise dispose of a Contract or any rights and obligations arising from it at any time during the term of the contract. Such transfers, assignments, charges or other forms of disposal will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties granted to you.

Entire agreement

These Terms, together with any document expressly referred to in them, constitute the entire and indivisible agreement between you and Rosario Linares Martínez and form the principal subject matter of the Contract. They supersede any previous agreement, arrangement or promise agreed between the parties. Both parties acknowledge that they have entered into this contract without relying on any prior statement or promise. Each party waives any remedy in respect of an uncertain statement made by the other party, whether orally or in writing, before the date of this contract, unless that statement was made fraudulently. The sole remedy for breach of contract will be that available under these Terms.

If any of these terms or clauses is held by a competent authority to be invalid, unlawful or unenforceable to any extent, it will be severed without affecting the remaining terms, which will continue in force to the fullest extent permitted by applicable law.

Waiver

If, during the term of the Contract, Rosario Linares Martínez does not insist on strict performance of any obligation under the Contract or these Terms, this will not constitute a waiver of her rights or remedies and will not relieve you from complying with that obligation or from subsequently performing it. No waiver by Rosario Linares Martínez of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the previous section on Notices.

Right to amend

Rosario Linares Martínez, as owner of the website, reserves the right to review and amend these Terms at any time. You will be subject to the policies and terms in force when you place an order. If amendments are made to comply with legal obligations, those changes will also apply to orders you placed previously where no more than 14 days have elapsed since receipt of the order.

Right of exclusion

Rosario Linares reserves the right, on her own initiative or at the request of a third party and without prior notice, to withdraw or deny access to the website and the services offered to users who fail to comply with any of the terms of this Legal Notice.

Jurisdiction

This Legal Notice is governed in its entirety by Spanish law.

Unless a mandatory rule provides otherwise, for any matter arising from the interpretation, application or performance of this Legal Notice, and for any claim arising from its use, the parties agree to submit to the Judges and Courts of the city of Madrid and expressly waive any other jurisdiction to which they may be entitled.

Online dispute resolution platform

We make available to users the online dispute resolution platform provided by the European Commission. It can be accessed at: http://ec.europa.eu/consumers/odr/

Applicable laws and jurisdiction

These Terms of Use are governed by Spanish law. They are subject to Law 7/1998 on General Terms and Conditions of Contract, Royal Legislative Decree 1/2007 regulating the rights of Consumers and Users, Royal Decree 1906/1999 on Telephone or Electronic Contracting, Law 7/1996 on the Regulation of Retail Trade, and Law 34/2002 on Information Society Services and Electronic Commerce.

Under Article 29 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, contracts concluded electronically involving a consumer will be deemed to have been concluded at the consumer's habitual place of residence.

Electronic contracts between traders or professionals and users will be presumed to have been concluded at the place where the service provider is established. In the event of a dispute arising from these general terms and conditions, and for the resolution of disputes, the parties agree, waiving any other venue, to submit to the courts and tribunals of the User's place of residence, at the User's choice.

Contact

If a user has any questions about these legal terms or wishes to make any comments about the website of Rosario Linares Martínez, they may email info@matutahome.com or use the contact form on this website.