Terms of service

1. TERMS AND CONDITIONS OF USE

1. INTRODUCTION

By using the Website, the user accepts these terms and conditions of use (hereinafter, the “Terms and Conditions of Use”) and agrees to use the Website, as well as the services and the content hosted in accordance with these Terms and Conditions of Use and under its sole and exclusive responsibility.

The Terms and Conditions of Use are signed, on the one hand, by MAMAKAY STUDIO and, on the other, by the end user (hereinafter, the “User”) whose personal data are the that it has provided through the Web.

1. OBJECT AND SCOPE OF APPLICATION

These Terms and Conditions of Use regulate the access, navigation and use of the Website and the digital services offered on the Website, by the User.

1. ACCESS AND USE OF THE WEB

The User undertakes to use the contents, information and data of the Website in accordance with these Terms and Conditions of Use, with the rest of the policies accessible through the Website, with the applicable regulations, with the good generally accepted customs and public order.

MAMAKAY STUDIO will not be liable for any consequence, damage or harm that may arise from said access, use or non-compliance with these Terms and Conditions of Use, nor will it be responsible for any security errors that may occur or any damage that may be caused to the User's computer system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User's computer that is used to connect to the services and /or products offered by MAMAKAY STUDIO through the Web; (ii) browser malfunction; and (iii) the use of non-updated versions thereof.

  

1. RULES OF USE OF THE WEBSITE

MAMAKAY STUDIO reserves the right to withdraw the User's access, and may proceed to terminate this contract. In particular, cancellation as a User may be carried out in the event of detecting non-compliance with any of the contractual obligations contracted in this act, as well as in the event of observing use of the Website contrary to these Terms and Conditions of Use, the Privacy Policy. and good faith uses accepted in the sector. Minors under 13 years of age are not eligible to register and use the Website, this being the minimum age for access to digital services recognized by regulations.

In this sense, the User undertakes to:

• Do not use the Web to develop time-sharing operations, become a software application service provider to the extent that they are aimed at making possible third-party access to the platform or any of its components, through time-sharing operations. rental, administrative services or any other of similar consideration, sharing them or making them available to third parties.

• Do not carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to the one made available by MAMAKAY STUDIO, and this activity may be considered an act of unfair competition and violation of the intellectual and industrial property rights that MAMAKAY STUDIO holds on the Web.

• Do not subject the Web to workloads that are clearly oriented toward its destabilization, including denial of service (DDoS) attacks or similar situations. If this type of situation is detected, the level of service indicated above will not apply, and it will be considered an emergency situation.

• Not translate, adapt, improve, transform, correct the platform, or any of the elements that comprise it, or modify it in any other way, and may not incorporate the platform into other software or platforms of its own or provided by third parties.

• Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that MAMAKAY STUDIO, as the legitimate owner of the rights, incorporates into its properties regarding intellectual or industrial property (for example, copyright, ©, ® and TM.) either on the platform itself or in the associated material.

• Inform MAMAKAY STUDIO of any fact or situation that may have occurred that could put the security of access by authorized users at risk.

• Prevent the normal development of an event, contest, promotion or any other activity available through the Website, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or violates these Terms and Conditions of Use in any way.

• Forcing failures or searching for security breaches on the Web is prohibited.

• Refrain from using the contents of the Website for purposes or effects that are illegal, prohibited or contrary to those established here, harmful to the rights and interests of MAMAKAY STUDIO, other users, third parties or that in any way may damage, disable, overload or deteriorate this Website or prevent the normal use or enjoyment of them by users.

1. LINKS TO OTHER WEBSITES

These Terms and Conditions of Use do not apply to links, web pages and third-party applications that can be accessed through the Website.

In case of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding privacy policies. Consequently, MAMAKAY STUDIO is not responsible for the content or the security measures adopted by them.

Likewise, the absence of viruses or other elements of the content linked from the Website that may cause alterations in the computer system (hardware and software) in the User's documents or files is not guaranteed, also excluding MAMAKAY STUDIO from any liability arising from damages of any kind caused by all of the above.

In any case, MAMAKAY STUDIO will immediately remove any link when the content to which it redirects may contravene national or international legislation, morality or public order.

1. EXCLUSION OF WARRANTIES AND LIABILITY

MAMAKAY STUDIO does not guarantee the permanent availability of the services offered on the Website, although it will make its best efforts to guarantee their regularity and proper functioning. For these purposes, MAMAKAY STUDIO declares that it has adopted and will adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Website.

However, MAMAKAY STUDIO does not assume any responsibility for any damages that may arise from disconnections, interference or interruptions that may occur in accessing or browsing the Web, nor for any damages that may arise. for the User or for third parties of the existence and spread of computer viruses or other harmful elements.

MAMAKAY STUDIO also assumes no responsibility for any errors or omissions that may exist in the content of the Website, nor for any actions that the User may take based on said content.

1. MODIFICATION OF THE TERMS AND CONDITIONS OF USE

MAMAKAY STUDIO reserves the right to make, without prior notice, the modifications it deems appropriate in these Terms and Conditions of Use, and it is the responsibility of the User to read them carefully, each time they wish to use the Website for the purpose to verify or ensure the existence of modifications or changes to them, taking as reference the date of the last update.

1. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The User recognizes and accepts that all industrial and intellectual property rights over the contents and/or any other elements inserted by MAMAKAY STUDIO on the Website (including, but not limited to, all those elements that make up the visual appearance, graphic image and other sensory stimuli that make up the Web or “look and feel”, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as the source codes) belong to MAMAKAY STUDIO and/or third parties who have transferred their rights to it. For these purposes, a Web will be understood as all those creations incorporated and expressed by MAMAKAY STUDIO by any means and/or tangible or intangible support, known or unknown, that is subject to protection by current regulatory provisions on intellectual and industrial property. .

The mere viewing, printing, downloading or temporary storage is authorized, either in whole or in part, of the contents and/or elements inserted by MAMAKAY STUDIO on the Web exclusively for personal, private and non-profit use. by the User, provided that, in any case, the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notes of their owners appear. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by MAMAKAY STUDIO or the third party owner of the affected rights.

The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website, is strictly prohibited. image rights, MAMAKAY STUDIO has the right to exploit it. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.

These Terms and Conditions of Use of the Website do not grant the User any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents other than those expressly provided for here. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by MAMAKAY STUDIO or the third party owner of the affected rights.

Without prejudice to all of the above, if the User considers that any content on the Website could violate intellectual and industrial property rights, please inform us as soon as possible by sending an email info@mamakaystudio.com

1. ADDITIONAL INFORMATION ON DATA PROTECTION

As detailed in the PRIVACY POLICY, personal data will be kept for the time strictly necessary until the purpose for which it was collected ends, and as long as the cause for which it was collected is maintained. legitimized the processing of these personal data. Once the cause that legitimized the processing has ended, the personal data will be duly blocked for the period of time that is appropriate in order to comply with the legal prescription periods to avoid possible infringements.

To exercise your rights, including to make a claim if you consider that MAMAKAY STUDIO is inappropriately processing your data, you must send a written communication to the email address info@mamakaystudio.com including in both cases a photocopy of your D.No.Yo, N.YoAND or other equivalent identification document.

III. PURCHASE CONDITIONS

1. BUSINESS FUNDAMENTALS

Order:

Placing an order at MAMAKAY STUDIO implies acceptance of prices, product descriptions and general conditions of sale. Your commitment is to provide us with true and valid information such as email address, postal address and other information necessary to correctly process your order and to be able to contact you if necessary. Otherwise, we will not be able to process your order correctly.

By placing an order at MAMAKAY STUDIO you also guarantee that you are fully authorized to use the debit or credit card you provide us to make payment, we may need to contact you to verify any of the information you have provided to us.

Order confirmation and invoice:

Once the order has been placed and payment has been confirmed, we will send you a confirmation of your purchase by email. If you don't find it in your inbox, remember to check your spam folder or, if you use Gmail and it appears in the "promotions" tab, you can drag it to the "main" tab for easier access. the information we send.

Availability

Orders will be subject to the availability of the product: if there are difficulties in terms of supply or there are no items left in stock, we will notify you when it will be available again, as well as the possibility of purchasing a product with similar characteristics and equal or higher value. If you do not want to order a substitute product or wait to receive new stock of the requested product, we will refund the total amount paid.

Delivery

Our commitment is to deliver the products in perfect condition to the delivery address that you have provided us during the purchase process. At all times we will offer you information so that you can track the order and the time of delivery.

Withdrawal, variation and/or modification of products:

We reserve the right to withdraw any of our products from our website at any time, as well as remove or modify materials or content thereof, for whatever reasons, without prior notice.

Due to the nature of our products being hand-woven, it is possible that some measurements, shapes or fabrics may vary slightly from those published on the website, in that case, and unless they are essential modifications of product, no changes or returns will be accepted.

Product prices:  

The prices of each product will be published at all times on the website, said price will include VAT. The price of shipping costs will be indicated in the final phase of the purchasing process, when selecting the country or location of delivery. The price must be paid in full at the time of purchase.

Although we reserve the right to modify the price of the products for sale on the website, the price that we charge or refund will be the one that was published on the product sheet at the time of making the purchase.

Payment:

Payment for orders can be made through the following methods: 

Visa, MasterCard, Maestro, PayPal, Apple Pay and Google Pay. We reserve the right to modify, add or eliminate payment methods, without the user being able to make claims for this reason.

The card is charged in real time through our payment gateway, once the veracity of the data has been verified by the corresponding financial institution. We will not be responsible if the issuing entity of your credit or debit card does not authorize the payment.

Likewise, we reserve the right to take any measures we deem appropriate, including canceling the order, charging any additional surcharge or blocking any user if we observe suspicious or fraudulent activities.

1. ORDER TRANSPORTATION

Shipping methods

Delivery of orders is carried out through the transport agency. We subcontract this to different agencies, including UPS and Correos Express.

The order will be delivered in 24-48 hours (Express shipping) or 48-120 hours (standard shipping) after placing the purchase order in the peninsula. In other areas of Spain, such as the island territories, Ceuta and Melilla, it may take between 1 and 5 days. Shipments outside of Spain may take up to 15 days.

Shipping costs

Modality	Territory	Purchase amount	PVP
Standard	Peninsula and Islands	Purchases up to €149	€5.50
Standard	Peninsula and Islands	Purchases from €150	Free
Express	Peninsula and Islands	Any amount	€7.70
Standard	European Union	Any amount	12€
Express	European Union	Any amount	20€
Standard	USA, LATAM and ASIA	Any amount	Consult

The rates mentioned above are estimates, the final rates are those shown at the end of the purchasing process and vary depending on the shipping area selected. If a destination is not specified in the rate list, you can contact us by sending an email to info@mamakaystudio.com and we will make a personalized quote for your shipment. No shipments are made to PO Boxes. We are not responsible for possible delays by courier companies. It is the buyer's obligation to detail personal data accurately to avoid incidents in the preparation and shipping of the order. Otherwise, MAMAKAY STUDIO reserves the right to cancel the order and pass on the costs incurred to the buyer.

1. EXCHANGES, RETURNS AND RIGHT OF WITHDRAWAL

Exchanges and returns

If you are not satisfied with your product, you can contact us by email info@mamakaystudio.com detailing the order reference number, the product purchased and the reason why you are not satisfied . We will respond to you as soon as possible to try to resolve the incident.

Exchanges or returns will not be accepted for products that have already been used, unpackaged or that do not retain their packaging. Otherwise, and subject to changes in promotional or sales periods, changes or returns have a guarantee period of 14 calendar days.

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods. To exercise the right of withdrawal, you must notify us through the email address info@mamakaystudio.com of your decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient for the communication regarding your exercise of this right to be sent before the corresponding period expires.

Refund

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least of ordinary delivery that we offer) without any undue delay and, in any case, no later than 15 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund, with the exception of the shipping costs for returning the product, which will be borne by the buyer.

We may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition comes first.

You must return or deliver the goods directly to us via mailbox in Ap. Correos de Barcelona, ​​Spain, without any undue delay and, in any case, no later than 15 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said deadline has expired. You must assume the direct cost of returning the goods.

The refund of the amount of the returned product will be processed within 15 days from receipt of the merchandise at our facilities. The product must be in new condition. If the product is damaged or used, the amount will not be refunded. You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

If you have any additional questions, we will be happy to assist you through any of the MAMAKAY STUDIO contact channels.

1. VALIDITY, APPLICABLE LAW AND COMPETENT JURISDICTION

The current regulations will determine the laws that must govern and the jurisdiction that must know the relations between MAMAKAY STUDIO and the User of the Website.

This, however, in those cases in which said current regulations provide for the possibility for the parties to submit to a specific jurisdiction, MAMAKAY STUDIO and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Spanish legislation and the Courts and Tribunals of Barcelona.

Validity and modification of these conditions and duration

These legal conditions have been prepared and/or reviewed on the date indicated at the footer of the page and are in force since they are published on the website www.mamakaystudio.com

MAMAKAY STUDIO may modify these legal conditions at any time. The modifications will be duly published on this website. The validity of the legal conditions will expire at the moment they are modified by MAMAKAY STUDIO and replaced by others, being duly published.

In Barcelona, ​​December 8, 2021