Terms and conditions

TERMS AND CONDITIONS OF USE AND PURCHASE 

This document (together with all of the documents mentioned herein) establishes the Conditions governing the use of this website www.houseofmalasanta.com (hereinafter, “the Platform”) and the purchase of products from the same (hereinafter, the “Conditions”).  

Please read these Conditions, our Cookies Policy and our Privacy Policy (jointly, the “Data Protection Policies”) carefully before using the Platform. You must comply with all the rules that regulate the use of the Platform. To place an order, you must also expressly accept the present Conditions and read the information provided in our Privacy Policy, and agree to be bound by the same. If you do not agree with all the Conditions, please do not use the Platform. 

If you have any questions about the Conditions or the Data Protection Policies, please contact us using our contact form or e-mail [email protected] . The contract can be entered into, at your choice, in any of the languages in which the Conditions are available on the Platform. 

2. OUR DETAILS 

Items are sold through the Platform under the name of “House of Malasanta” by Raquel Espiña Comesaña, a Spanish natural person with registered address at Avda. Castelao nº 30, 36350 Nigrán (Pontevedra) and with Spanish tax ID (NIF) ES53188724M and email [email protected] 

3. YOUR DATA AND VISITS TO THE PLATFORM 

The information or personal data you provide about yourself will be processed in accordance with the provisions of the Data Protection Policies. All of the information or data you provide is true and accurate. 

4. USE OF OUR PLATFORM 

By using our Platform and placing orders through it, you agree to: 

1. Use the Platform solely for making enquiries or placing legally valid orders. 
2. Not place any fake or fraudulent orders. If you could reasonably be deemed to have placed an order of this nature, we would be entitled to cancel it and inform the appropriate authorities. 
3. Provide us with your email address, postal address and/or other contact details, all of which must be true and accurate. Likewise, you agree for us to use said information to contact you if necessary (see our Privacy Policy). If you do not provide all of the information we need, we will not be able to process your order. By placing an order on the Platform, you declare that you are over 18 years old and that you have legal capacity to enter into contracts. 

5. SERVICE AVAILABILITY 

The items offered on the Platform are available to be shipped within Spain and other countries belonging to the European Union. If you want to know more, go to the section “Deliver and Returns”. 

You are welcome to place an order on the Platform from another country, however please bear in mind that you must contact us via e-mail at [email protected] so we can check it and process your order. 

6. HOW TO PLACE AN ORDER 

To place an order, you must follow the online purchase process and click “Authorise payment”. You will then receive an email confirming receipt of your order (“Order Confirmation”). Likewise, we will email you to let you know when your order has been shipped (“Shipping Confirmation”). An e-receipt with your order details (“e-receipt”) will also be attached to the Shipping Confirmation. 

7. TECHNICAL MEANS FOR CORRECTING ERRORS 

If you realise that an error occurred when you entered your personal details when registering on our Platform, you can change these details in the “My Account” section.

In any case, you can correct errors concerning the personal details that you entered during the purchase process by contacting customer services via e-mail at [email protected] as well as exercise your right to rectify your personal details as outlined in our Privacy Policy. 

Our Platform display confirmation windows for several sections of the purchase process that do not allow you to continue with your order if these sections are not filled in correctly. Likewise, the Platform show you the details of all of the items that have been added to your Basket during the purchase process so that, before paying, you can change your order details. 

If you notice an error with your order after completing the payment process, you must immediately contact customer services using the aforementioned telephone number or email address to have the error corrected. 

8. PRODUCT AVAILABILITY 

All orders are subject to product availability. In this respect, if product supply problems occur or if items are no longer in stock, we reserve the right to inform you about substitute products of greater or equal quality and value that you can order. If you do not wish to order these substitute products, we will refund you any amount that you have paid. 

9. DELIVERY 

Before completing the order, you should select the delivery method that best suits your needs. Unless we have agreed otherwise, we will send you the order that matches the related products in each Shipping Confirmation without undue delay and, at the latest, within 30 calendar days from the Order Confirmation date. 

Under certain circumstances, such as those relating to product personalisation, or unforeseen or exceptional circumstances which may affect the delivery date. 

If for any reason we cannot meet the delivery date, we will inform you of the situation and give you the option of continuing with the purchase with a new delivery date, or cancelling the order with a full refund of the price paid. In any case, please bear in mind that we do not deliver to home addresses on Saturdays, Sundays, or bank holidays. 

For the purpose of these Conditions, “delivery” will be deemed to have taken place or the order will be deemed to have been “delivered” when you or a third party named by you take physical possession of the products, which will be confirmed by you signing the delivery receipt at the agreed delivery address. 

10. IF WE ARE UNABLE TO DELIVER 

If we are unable to deliver you order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. In this case we will leave you a note explaining where you can find your order and what you need to do to have it re-sent. If you are not going be at the delivery location at the agreed time, please contact us to rearrange delivery for another day.

If it is more than 30 days since your order has been available for delivery and the order has not been delivered for reasons beyond our control, we will take this to mean that you wish to withdraw from the contract and we will deem it to have been terminated. As the result of the termination of the contract, we will refund all payments received from you, including shipping fees (with the exception of additional fees arising from your choice of a delivery method other than the ordinary least costly method that we offer), without unnecessary delay and, in any case, within 14 days from the date on which we deem the contract to have been terminated. Please be aware that carriage arising from the termination could incur an additional cost which we will be entitled to recover from you.  

11. TRANSFER OF RISK AND PROPERTY 

Risk will be passed to you at the time of delivery. You will acquire property when we receive full payment of all amounts due in relation to the products, including shipping fees, or at the time of delivery (in accordance with the definition in Clause 9) if delivery takes place at a later time. 

12. PRICE AND PAYMENT 

The prices on the Platform include VAT (where VAT is applicable), but do not include shipping fees, which will be added to the total due. 

The prices may change at any time, but any such changes will not affect orders for which we have already issued an Order Confirmation.

Once you have selected all of the items you wish to purchase and added them to your Basket, the next step will be to submit the order and pay. To do so, you must follow the steps of the purchase process, completing or confirming the information requested at each step. Likewise, during the purchase process, before paying, you can change your order details. 

Visa, Mastercard, American Express, bank transfer and PayPal can be used to pay. 

We inform you that Raquel Espiña Comesaña, with registered address at Avenida Castelao nº30 Nigrán, Pontevedra (Spain), with tax ID number ES53188724M, will collect payments and, where applicable, issue refunds relating to the payments made through the Platform on behalf of House of Malasanta. 

To minimise the risk of unauthorised access, your credit card details will be encrypted. By clicking “Authorise Payment”, you are confirming that the credit card is yours or that you are the legal holder of the gift card or store credit card. 

Credit cards will be subject to checks and authorisations by the credit card issuer. If the issuer does not authorise the payment, we cannot be held liable for any delay or failure to deliver and we will not be able to enter into a contract with you. 

13. CHECK OUT AS A GUEST 

Our website also allows you to make purchases using the “check out as a guest” feature. Using this purchase method, you will only be asked for the essential details needed to process your order. Once the purchase process is complete, you will be offered the option of registering as a user or continuing as an unregistered user. 

14. VALUE ADDED TAX AND BILLING 

Prices are indicated in Euros, including Value Added Tax (VAT). The applicable VAT rate will be the one legal in Spain at all times, depending on the specific item.

The itemized price of the product (product price and VAT) and the total amount of the order, including shipping, can be seen in the shopping cart on the checkout page. For products supplied to customers inside and outside the European Community, the VAT rate of Spain is applied.

If you place your order outside of Spain, keep in mind that your order may be subject to import duties and taxes over which we have no control, as they are collected by the tax and customs office. As a customer and importer of the merchandise, you will be responsible for these charges. Import duties or tax costs will be billed directly to you by the designated carrier. We recommend contacting your local customs authority to determine the cost price of delivery before completing your purchase. We are not responsible for delays in goods that have been detained as a result of procedures carried out by local customs authorities.

When making a purchase with your credit card and / or a Paypal account, you will be charged in Euros.

You expressly authorise us to issue the invoice electronically. Nevertheless, you can at any time request a paper invoice. 

15. RETURNS POLICY 

15.1 Common provisions 

You will not be entitled to withdraw from the Contract if it concerns the supply of any of the following products: 

1. Personalised items. 
2. Panties, thongs, etc. for hygiene reasons. 

Exchanges and returns for removable cups are not accepted. Your right to withdraw from the Contract will apply exclusively to products that are returned in the same condition in which they were received. No refunds will be made for products that have been used, other than merely being opened, for products that are not in the same condition as they were delivered in, or for products that have suffered any damage. You must therefore be careful with the product(s) in your possession. Please return the item using or including all of its original packaging, the instructions, and any other documents that may have accompanied it. 

You will be responsible for the costs of the return. In the latter case, please remember that, together with the products, you must send us a printed copy of the e-receipt that was attached to the Shipping Confirmation. Please bear in mind that if you decide to return the items to us cash on delivery, we will be authorised to charge you the costs which this may incur for us. 

After examining the item, we will inform you whether or not you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 10 days from the date on which you inform us of your intention to withdraw from the Contract. Nevertheless, we may withhold the refund until we receive the returned goods, or until you submit proof that the goods have been returned, depending on which condition is met first. The refund will be made using the same payment method as you used to pay for the order. 

You will bear the cost and risk of returning the products to us, as indicated above. If you have any questions, please contact us using our contact form or by sending an e-mail to [email protected] 

15.2 Returning defective products 

In the event that, at the time of delivery, you deem the product to not comply with the provisions of the Contract, you must contact us immediately via our contact form, providing details of the product as well as the damage it has suffered, or by sending an e-mail to [email protected], where we will inform you of how to proceed. 

The product can be returned to our office in Avenida Castelao nº30 Nigrán, Pontevedra (Spain). We will examine the returned product thoroughly and inform you by email or telephone within a reasonable deadline whether we will be refund you or replace the product (where applicable). We will refund you or replace the product as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that we will refund you or replace the defective item.

The sums paid for products that are returned due to a fault or defect, should this actually exist, will be refunded in full, including the shipping fees charged for delivering the product to you and any costs you incurred in returning it to us only in Spain. The refund will be made using the same payment method as was used to pay for the order. 

15.3 Right of withdrawal and returns for foreign orders. 

If you placed an order through the Platform from a Member State of the European Union other than Spain, the previous clauses will apply for returning items. The client will be responsible of the cost of the return as well as other cost that may incur (customs, tax… etc.) for said return.

Likewise, we inform you that under no circumstance will we be obliged to refund shipping costs other than those incurred to the original delivery address in Spain or returns costs from a location outside Spain. 

15. 4 Right of Withdrawal

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, we inform you that you may exercise the right of withdrawal of the contract of sale. You may make use of this right within 14 calendar days from the day you receive the order at your home, and without the need for any justification. The right of withdrawal is excepted in those cases in which the purchased products are personalized, costume jewelery, panties and those other accessories that for hygiene reasons are not allowed to be returned.

To exercise this right, you must expressly notify us of your withdrawal decision. To do this, you can send us a notification to House of Malasanta, at the address Avenida de Castelao nº 30, 36350, Nigrán (Pontevedra), Spain or send us an email to [email protected]. In said communication you must indicate to us in a clear and concrete way that you are exercising your right of withdrawal. If you wish and in order to facilitate such communication, you can use the withdrawal form model (HERE) that we make available to you. You can fill in this form and send it through the means indicated above. It will be understood that you exercise the right within a period of 14 calendar days as long as your communication is sent before said period expires.

If you opt out, we will refund all payments you have made, including delivery costs to the initial shipping address. Except from this return, those additional delivery costs derived from a delivery method other than the least expensive delivery method offered by the company. Notwithstanding the foregoing, the consumer and user must take charge of the direct return of the products, having to assume the management and contracting of the shipment as well as the payment of the costs thereof. Remember that you must deliver, along with the products, a printed copy of the electronic receipt that you will have received attached to the Shipping Confirmation and the withdrawal form.

The refund of the amounts paid by the client will be made no later than 14 calendar days from the date on which we are informed of the decision to withdraw from the contract. The refund will be made through the same means used to make the purchase. The company reserves the right to withhold the reimbursement until the products have been received, or until the client certifies the return of the same, the condition of these two that is fulfilled first having effect.

Finally, we inform you that you as a consumer and user will be responsible for the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the products purchased. Likewise, we inform you that the company will not make any refund in those cases in which the product is damaged, is not in the same conditions in which it was delivered or has been used beyond the test to know the conformity of the product in terms of size and model. To carry out this test, we ask you to be careful and diligent in handling the items.

If you want to exercise your right of withdrawal and have been sent abroad, please also read clause 15.3.

16. LIABILITY AND EXCLUSION OF LIABILITY 

Unless expressly stated otherwise in these Conditions, our liability with regard to any product purchased on our Platform will be strictly limited to the purchase price of said product. Nevertheless, and unless provided for otherwise in law, we will not accept any liability for the following losses, irrespective of their cause:

 · loss of income or sales; 

· loss of trade; 

· loss of profits or contracts; 

· loss of anticipated savings; 

· loss of data; and 

· loss of management time or office hours. 

Due to the open nature of the Platform and the possibility of digital data storage and transmission errors occurring, we do not guarantee the accuracy and security of the data transmitted or obtained through the Platform unless expressly established otherwise on said website. 

17. INDUSTRIAL AND INTELLECTUAL PROPERTY 

The entirety of this website: trade names, distinctive signs, description and characteristics, text, images, graphics, trademarks, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents is protected by Spanish and international laws on intellectual and industrial property. Raquel Espiña Comesaña, is the owner of the intellectual and industrial property rights of www.houseofmalasanta.com as well as the elements contained therein, for which the reproduction is prohibited (except the temporary download from the website to the computer’s hard drive of the user or to proxy servers), the copying, the use, the distribution, the reuse, the exploitation, the making of second copies, the mailing, the transmission, the modification, the assignment or any other act that is done with all or part of the information contained in this website that has not been expressly authorized by us.

18. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS 

You must not misuse the Platform by intentionally infecting them with viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging program or material. You must not attempt to gain unauthorised access to the Platform, the server on which they are hosted, or any server, computer or database related to our Platform. You commit to refrain from attacking the Platform with a denial of-service attack or a distributed denial-of-service attack. Failure to comply with this clause could constitute an offence.

We will inform the competent authorities of any such offences and will cooperate with them to identify the attacker. Likewise, should you breach of this clause, you will immediately cease to be authorised to use the Platform. We will not be held liable for any damage or harm arising from a denial-of-service attack, a virus or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data or materials as a result of using the Platform or downloading content from this website or any websites to which they redirect. 

19. LINKS FROM OUR PLATFORM 

In the event that our Platform contain links to other websites and third-party material, said links are provided for information only; we have no control whatsoever over the content of said websites or materials. We therefore accept no liability whatsoever for any harm or damage arising from its use. 

20. WRITTEN COMMUNICATIONS 

The applicable law requires some of the information or communications we send you to be in writing. By using the Platform, you consent to the majority of such communication with us being electronic. We will contact you by email or provide you with information by displaying notices on the Platform. For contractual purposes, you consent to using this electronic means of communication and acknowledge that any contract, notification, information or other communication that we send you electronically complies with the legal requirement of being in writing. This condition does not affect your legal rights. 

21. NOTIFICATIONS 

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of Clause 22 and unless stipulated otherwise, we may send communications either by email or to the postal address you provided when placing your order. Notifications will be deemed to have been received and made correctly at the time at which they are displayed on our Platform, 24 hours after being sent by email, or three days after the postage date of any letter. To prove that the notification has been sent, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, correctly stamped and duly delivered to a post office or post box and, in the case of an email, that the email was sent to the email address specified by the recipient. 

22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS 

The Contract is binding both for you and for us, as well as for our respective successors, assignees and transferees. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations arising from said Contract without obtaining our prior consent in writing. We may transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations arising from said contract at any time during its term. For the avoidance of doubt, said transmissions, assignations, encumbrances or other transfers will not affect the rights, where applicable, to which you as a consumer are entitled, nor will they cancel, reduce or limit in any other way the warranties, both express and tacit, that we have granted you. 

23. EVENTS BEYOND OUR CONTROL 

We will not be held liable for any failure to comply or delay in complying with any of the obligations assumed, when said failure or delay is due to events beyond our reasonable control (“Causes of Force Majeure”). The Causes of Force Majeure will include any act, event, failure to act, omission or accident that is beyond our reasonable control, including: 1. Strikes, lockouts or other activist measures. 2. Civil unrest, revolution, invasion, terrorist threat or attack, war (declared or not) or threat of or preparations for war. 3. Fire, explosion, storm, flooding, earthquake, subsidence, epidemic or any other natural disaster. 4. Impossibility of using trains, boats, aircraft, motor transport or other means of public or private transport. 5. Impossibility of using public or private telecommunication systems. 6. Acts, decrees, legislation, regulations or restrictions by any government or public authority. It is understood that obligations will be suspended during the period in which the Force Majeure continues, and we will have an extension of the deadline to comply with said obligations for a period of time equal to the duration of the Force Majeure. We will put in place all reasonable measures to mitigate the Force Majeure or to find a solution that will allow us to comply with our obligations despite the Force Majeure. 

24. WAIVER 

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a contract or the present Terms and Conditions, or our not exercising the rights or actions that may correspond to us pursuant to said contract or Terms and Conditions, does not imply a waiver or any limitation in relation to said rights or actions, neither does it exonerate you from complying with such obligations. A waiver on our part of a right or specific action does not imply a waiver of other rights or actions arising from a contract or the Terms and Conditions. No waiver on our part of any of the present Terms and Conditions or the rights or actions arising from a contract will take effect unless it is established expressly that it is a waiver and is formalised and communicated to you in writing in accordance with that established in the above Notifications section. 

25. PARTIAL ANULLMENT 

If any of the present Terms and Conditions or any provision of a contract are declared null and void by firm resolution dictated by a competent authority, the remaining Terms and Conditions will remain in effect, without being affected by the aforementioned declaration of annulment. 

26. FULL AGREEMENT

The present Terms and Conditions and the whole document referred to in the same, constitute the entire agreement between you and us in relation to the object of the same and replace any other agreement or promise made previously between you and us, whether verbal or written. You and we acknowledge having consented to the conclusion of a contract without having engaged in a statement or promise made by the other party, or which could be inferred from any verbal or written statement in the negotiations filed by both parties previously, unless explicitly mentioned in these Terms and Conditions. Neither you nor we will take any action against any uncertain verbal or written statements made by the other party, before the date of a contract (unless said uncertain declaration has been made fraudulently) and the only action the other party may take will be for breach of contract in accordance with the provisions of these Terms and Conditions. 

27. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS 

We reserve the right to modify these Terms and Conditions. The modifications made will not be retroactive. 

If you do not agree with the modifications made, we recommend you do not use our Platform. 

28. APPLICABLE LEGISLATION AND JURISDICTION 

The use of our Platform and contracts for purchasing items through these Platform, is regulated by Spanish legislation. Any dispute that arises or in connection with the use of the Platform or with the aforementioned contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. 

29. Out-of-court Dispute Resolution Online

The European Commission has created a digital platform through which it intends to contribute to the extrajudicial resolution of online disputes that arise between consumers and businesspeople residing in the European Union.

In the online Platform there is an option for consumers and businesspeople from which both parties can easily resolve their consumer disputes, submitting to the resolution criteria of alternative resolution entities that are linked to this Platform.

Online conflict resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

30. FEEDBACK, SUGGESTIONS, COMPLAINTS AND CLAIMS 

Your feedback and suggestions will be welcome. Please send us comments and suggestions as well as any query, complaint or claim, using our contact form, by telephone or to the postal or email addresses provided in Clause 2 of the present Terms and Conditions. Also, we have official claim forms available to our customers and users. You can request them by using our contact form. 

Your complaints and claims regarding our customer services will be attended to as quickly as possible and, in all cases, within a timeframe of one month. 

Last updated: 01/12/2020 

ANNEX I 

Withdrawal model form

(Only fill out and send this form if you want to withdraw from the contract)

For the attention of Raquel Espiña Comesaña, on behalf of House of Malasanta, Avenida de Castelao nº 30. 36350, Nigrán (Pontevedra), España, [email protected] 

I hereby inform you that I am withdrawing from my contract of sale of the following good:

Ordered on / received on (*):

Consumer’s name:

Consumer’s address:

Consumer’s signature (only if this form is submitted on paper)

Date:

(*) Strike out what does not apply. Return Sheet

House of Malasanta

ES53188724M

Av. Castelao nº 30

36350 – Nigrán

Pontevedra

[email protected]

Client Data

Order number:

Name:

Address:

Telephone:

Reason for Return: