TERMS OF SERVICE

1 – Introduction
This document establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
Please read the TERMS and CONDITIONS carefully before using this website. By using this website or placing an order through it, you agree to be bound by these TERMS and CONDITIONS. Therefore, if you do not agree with all of them, you should not use this website.
These TERMS may be modified. It is your responsibility to review them periodically, as the terms in effect at the time of use of the website or the conclusion of the Agreement (as defined below) will be the ones that apply to you.

2 – Our data
The ownership of this website with domain http://www.macabeca.com belongs to MACABECA SC with CIF J-56215155 and registered office at C/ Chiapas 2A, Las Rozas 28231 (SPAIN).

3 – Your data and your visits to this website
The information or personal data you provide about yourself will be processed in accordance with the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.

4 – Use of our website
By using this website and/or placing orders through it, you agree to:
Use this website only to make legally valid inquiries or orders.
Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
Provide us with your email address, postal address, and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5 – Conclusion of the contract
The information contained in these TERMS and the details on this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount will be refunded in full.
To place an order, you must follow the online purchasing process and confirm payment. Afterward, you will receive an email confirming receipt of your order. Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to purchase one or more products. All orders are subject to our acceptance, of which you will be notified via an email confirming that the product has been shipped, via a shipping confirmation. The contract for the purchase of a product between both parties will be formalized only when we send you the shipping confirmation. Only those products listed in the shipping confirmation will be subject to the contract.

6 – Product availability
The products are handmade one by one, so if there are difficulties with product supply or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order, or if you wish, wait until the product becomes available. If you do not wish to order these substitute products or wait, we will refund any amounts you may have paid.

7 – Refusal to process an order
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, exceptional circumstances may require us to refuse to process an order after we have sent the order confirmation. We therefore reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or any third party for withdrawing any product from this website, whether or not that product has been sold, removing or editing any materials or content on the website, or for refusing to process an order once we have sent you the order confirmation.

8 – Delivery
Without prejudice to the provisions of Clause 7 above regarding the availability of products and unless extraordinary circumstances arise, we will endeavor to dispatch the order consisting of the product(s) listed in each shipping confirmation within the specified delivery time or, if no delivery date is specified, within 15 days from the date of the shipping confirmation.
However, delays may occur for any of the following reasons:

• Periods of sales and special discounts.
• Product customization.
• Specialized articles.
• Unforeseen circumstances.
• Delivery area.
• Out of stock.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, however, that we do not deliver on Saturdays or Sundays.
For the purposes of these terms and conditions, "delivery" will be deemed to have taken place at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or email.

9 – Impossibility of delivery
If delivery cannot be made due to the recipient's absence, the shipping agency will return the merchandise to the origin after two unsuccessful attempts. You must contact the shipping agency to pick up the order at the corresponding office or arrange a new delivery. If you experience any difficulties, please contact our Customer Service at hola@macabeca.com.
You will have a maximum period of 15 days from the shipping confirmation date to arrange delivery of your order to the address indicated at the time of purchase. If, after this period, you have not collected your order, we will understand that you wish to withdraw from the Contract and will consider it terminated. As a result of terminating the Contract, we will refund the price paid for such products, less the relevant shipping and handling costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated.

10 – Transfer of risk and ownership of products
The risks of the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of them, including shipping costs, or upon delivery, whichever is later.

11 – Price and payment
The price of each product will be the one stipulated at any given time on our website, except in the case of obvious errors. Although we try to ensure that all prices shown on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled, and you will be fully refunded.
We will not be obliged to supply any product to you at the incorrect lower price (even after we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you a shipping confirmation.
Once you've completed your shopping, all the items you wish to purchase will have been added to your cart, and the next step is to process the order and make payment.
You can pay using different payment methods, available at checkout.
By authorizing payment, you confirm that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
Credit cards are subject to verification and authorization by the issuing entity, but if the entity does not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any contract with you.

12 – Exchange and return policy
12.1 – Legal right to withdraw from the purchase
In accordance with applicable law, if you are contracting as a consumer, you may withdraw from the contract (except where the subject matter of the contract is any of the products for which the right of withdrawal is excluded in Clause 12.2) at any time within 15 business days from the date of delivery of your order.
In this case, you will be refunded the price paid for such products. You will be responsible for the direct costs of returning the product if you do not return it using any of the free methods mentioned in this contract.
You may exercise your right of withdrawal in any legally permitted manner, and in all cases, this right will be considered validly exercised by returning the products.
This provision does not affect other rights granted to consumers by current legislation.
12.2 – Contractual right of withdrawal
In addition to the legally recognized right of withdrawal for consumers and users mentioned in Clause 12.1 above, we grant you a period of 15 days from the date of receipt of your order to return products (except for those mentioned in Clause 12.3 below, for which the right of withdrawal is excluded). In the event of a return, you will be refunded the price paid for the returned products. You will be responsible for the direct costs of returning the product if you do not return it using any of the free methods mentioned in this Agreement. You must exercise your right of withdrawal by returning the products.
12.3 – Common provisions
Your right to withdraw from the Contract will apply exclusively to products returned in the same condition as you received them, labeled and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents, and product packaging. No refund will be issued if the product has been used beyond its initial opening or if it has been damaged in any way, so please take care of the products while they are in your possession. The product must be in its original packaging and must be in the same condition.
After examining the item, we will let you know if you are entitled to a refund. The refund will be processed as soon as possible and, in any case, within 30 days of receiving the item(s) at our warehouse. The refund will always be made using the same payment method you used to pay for the purchase.
You will receive the refund using the same payment method used for your purchase within a maximum estimated time of 15 days from confirmation of acceptance of the return, depending on your bank.
If you have any questions, please contact us at hola@macabeca.com
12.4 – Returns of defective products
If you believe that the product does not comply with the terms of the Contract upon delivery, you must contact us immediately at hola@macabeca.com, providing the product information and the damage (photographs are essential). We will then advise you on how to proceed.
We will carefully examine the returned product and notify you by email, within a reasonable time, whether a refund or replacement is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 30 days of the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
Any amounts paid for products returned due to a defect or flaw, if present, will be fully refunded, including the delivery costs incurred to deliver the item. The refund will be made using the same payment method used to pay for the purchase.
The rights recognized by current legislation are safeguarded.

13 – Liability and Exemption from Liability
Unless expressly provided otherwise in these TERMS, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In the event of death or personal injury caused by our negligence.
• In case of fraud or fraudulent misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these TERMS, we will not accept any liability for the following losses, regardless of their origin:
1.- Loss of income or sales.
2.- Loss of business.
3.- Loss of profits or loss of contracts.
4.- Loss of expected savings.
5.- Data loss.
6.- Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website unless expressly stated otherwise.
All product descriptions, information and materials appearing on this website are provided as is and without any express or implied warranties.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded against consumers and users.
The provisions of this clause will not affect your legal rights as a consumer or user, nor your right to withdraw from the Contract.

14 – Intellectual property
You acknowledge and agree that all copyright, trademarks, garment design, and other intellectual property rights in and to the materials or content provided as part of the website remain at all times vested in us (MACABECA SC) or our licensors. You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this website to the extent necessary to copy information about your order details or contact details.

15 – Viruses, hacking and other computer attacks
You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful programs or material. You must not attempt to gain unauthorized access to this website, the server on which it is stored, or any server, computer, or database linked to our website.
You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in violations classified under applicable law. We will report any violation of these rules to the appropriate authorities and cooperate with them to identify the attacker. Furthermore, in the event of a violation of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a distributed denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it, or to any website linked to it.

16 – Links from our website
If our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we do not accept any liability for any damage or loss arising from their use.

17 – Written communications
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.

18 – Verbal communications
We may provide you with information or communications verbally (via telephone). As a general rule, this information will always be backed up and consistent with the information provided on this website and in these TERMS AND CONDITIONS. We will endeavor to maintain written records of verbal communications whenever possible.
If a supposed exchange is not transcribed, it will be considered a human error, with no future claims or compensation to the extent legally permitted. This condition will not affect your statutory rights.

19 – Notifications
Any questions or notifications should be sent by email to hola@macabeca.com . In accordance with the provisions set forth in the previous clauses and unless otherwise stipulated, we may send communications to the email or telephone number you provided when placing an order.
Notifications will be deemed to have been received and properly served when it can be proven that the email address and telephone number correspond with the information specified by the recipient.

20 – Assignment of rights and obligations
This Agreement is binding on both you and us, as well as on our respective successors, assigns, and assigns.
You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising from it to or from you without our prior written consent.
We may transfer, assign, encumber, subcontract, or otherwise transfer a contract or any of the rights or obligations arising under it to or from us at any time during the term of the contract. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect any statutory rights you may have as a consumer or invalidate, reduce, or otherwise limit any express or implied warranties we may have provided to you.

21 – Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other protest measures.
• Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (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 any government or public authority.
• Strikes, failures or accidents involving maritime or river transport, postal transport or any other type of transport.

Our obligations under the Contract will be deemed suspended for the duration of the Force Majeure Event, and we will be granted an extension of time to perform such obligations for as long as necessary. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.

22 – Resignation
Our failure to require strict performance by you of any of your obligations under a contract or these TERMS or our failure to exercise any of the rights or remedies to which we may be entitled under such contract or these TERMS shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you from compliance with such obligations.
No waiver by us of any specific right or action shall constitute a waiver of any other rights or actions arising from the contract or the TERMS.
No waiver by us of any of these TERMS or of any rights or actions arising from the contract will be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of the notification section above.

23 – Partial nullity
If any of these CONDITIONS or any provision of a contract were declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.

24 – Complete Agreement
These TERMS and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter of this contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You and we acknowledge that you have agreed to enter into this contract without relying on any representation or promise made by the other party or that may be inferred from any statement or writing in the negotiations between us prior to this contract, except as expressly stated in these TERMS.
Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract in accordance with these TERMS.

25 – Our right to modify these conditions
We have the right to review and modify these Terms at any time.
You will be subject to the policies and TERMS in effect at the time you use this website or place an order, unless we are required by law or government agency to make retroactive changes to these policies, TERMS, or Privacy Statement, in which case any changes will also apply to orders you have previously placed.

26 – Applicable legislation and jurisdiction
The use of our website and any product purchase contracts entered into through this website shall be governed by Spanish law.
Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause will affect your rights as a consumer under current legislation.

27 – Transfer of image rights:
By providing your permission, you guarantee authorship and/or ownership of the image, and that no other entities have ownership rights to it. You grant MACABECA SC the non-exclusive, non-revocable commercial rights to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), whether through our own services or through services provided by third parties, worldwide in any media now existing or later developed, without restriction or limitation. You agree that your image may be used by MACABECA SC in its original form or accompanied by illustrations, cartoons, captions, videos, artwork, textural materials, or other photographs. MACABECA SC agrees to use commercially reasonable efforts to credit you for your photo and provide a link to your Instagram account; however, you agree that such credit is not mandatory and our permission to use your image is not contingent on such credit being given.
You waive any right to inspect and/or approve the completed work in which your image will be used, as well as its publicity reproduction and any uses that may be made of said material. You also waive any royalty claims related to your image or our completed work. Finally, you agree that if any item, or any portion of any item set forth herein, is determined to be invalid under any statute or rule of law, then it shall be deemed omitted solely to that extent, and the remainder of this image rights request agreement shall remain in full force and effect. This image rights request agreement shall be governed by the laws of Spain. If you do not agree to these terms, we fully understand, and no further action is required. We are delighted to see MACABECA SC as part of your account and look forward to seeing the new photos you post.

28 – Comments and suggestions
If you have any questions or suggestions, please write to us at hola@macabeca.com