Legal notice

The present document contains the Conditions of Use (hereinafter "the Conditions") that regulate this website, as well as the contract that links both parties - buyer and seller - subscribed through the purchase of the articles/services (hereinafter jointly designated as "MAOUR Services") that are exposed on the brand's website or any external link to which it may redirect. The purchasing party will be constituted by the user who makes a purchase of any article/service through this website, while the purchasing party will be the owner of the website, whose details are provided below this document.

For further information, please read carefully the present Conditions, as well as all other legal documents, before proceeding to authorize payment and placing the order. Once payment has been authorised, you agree to be bound by these conditions. If you do not agree with these documents, please do not place an order. These Conditions may be modified unilaterally by the Holder, so you should read them before placing each order.

For any doubt or question related to the Conditions or the Privacy Policy, you can consult our website, where you will find a contact form for this purpose.

Identification and Ownership

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the owner of the website www.maourstudio.com (hereinafter the 'Website') is Manuel Ordovás Tamames. (hereinafter, 'The Holder'), with NIF number 51102699B and registered office in Madrid, Castelló Street 71 (28001).

MAOUR (hereinafter 'the Trademark') is registered in the Spanish Patent and Trademark Office (hereinafter 'SPTO'), with File No. M4051480(3) in the name of the Proprietor, and published in the Official Industrial Property Gazette No. 5599 on February 2, 2020.

You can contact the Owner through the e-mail contact@maourstudio.com and through the contact forms that you will find in www.maourestudio.com

Purpose

The purpose of the website www.maourstudio.com  is the purchase of men's clothing, footwear and fashion products.

Terms of use

The use of the Web site grants you the condition of User, and implies the complete acceptance of all the clauses and conditions of use included in the pages:

- Legal Notice

- Privacy Policy

- Cookie Policy

These Terms and Conditions are the only ones applicable to the use of this website, and replace any other, unless prior, express and written consent of the Seller. These Conditions are important for both parties, as they constitute the legally binding agreement between them, protecting your rights as a customer. If you do not agree with each one of these clauses and conditions, please refrain from using this website.

Access to this Website does not in any way constitute the beginning of a business relationship with the Owner.

Through this Website, the Holder facilitates access to and use of various contents that the Holder or his collaborators have published through the Internet.

To this end, you are obliged and committed NOT to use any of the contents of the Website for illegal purposes or effects, prohibited in this Legal Notice or by the legislation in force, harmful to the rights and interests of others, or in any way damage, disable, overburden, impair or prevent the normal use of the contents, computer equipment or documents, files and all kinds of content stored on any computer owned or contracted by the Proprietor, other users or any Internet user.

In particular, you declare that, by placing your order, you have read and accepted these conditions, and in particular:

- You may only use the website to make legally valid enquiries or orders.

- You may not place any order that could be considered speculative, false or fraudulent. If the brand considers on reasonable grounds that such an order has been placed, it is authorised to cancel the order and inform the relevant authorities.

- You agree to provide us with a true and accurate email address, postal address and/or other contact details and you agree that we may use this information to contact you if necessary (see our Privacy Statement).

- If you do not provide us with all the information required for the purchase, we will not be able to process your order.

- By placing an order through this website, you warrant to us that you are of legal age and have sufficient legal capacity to enter into binding contracts.

Service Availability

The articles shown and offered through the web page will be available in all the territory of the European Union and America, except for exceptional circumstances, or cases of force majeure, which will be previously and opportunely notified.

Formalisation of the Contract:

Access to this website does not in any way imply the start of a business relationship with the Holder. The sales contract will not be valid and effective between both parties until the order has been accepted. In the event that the order is not accepted and the buyer's bank account has been debited, the amount will be paid in full by the seller.

The contract will be formalized only when the Shipping or Order Confirmation is sent to the buyer, once the buyer has completed the online purchase procedure.

Only those products that appear in the Shipping Confirmation will be subject to the Contract. The Holder is not obliged to supply the purchasing party with any other products that may have been ordered and that have not been paid for or do not appear in the Shipping Confirmation

Product availability:

All products are subject to the availability of stock of the same, so that, in case of supply difficulties or lack of stock, the seller reserves the right to provide the buyer party with information on other products of similar or similar characteristics of equal or greater value that may be ordered. In the event that a product of which there is no stock has been paid for, the seller undertakes to reimburse the amount that the customer would have paid for it.

Refusal to process an order:

The seller reserves the right to withdraw any product from the website at any time, as well as to remove or modify any material or content thereof. Nevertheless, the seller guarantees to process all orders, although in the case of exceptional circumstances it may refuse to process any of them even after having sent the Order Confirmation. Likewise, the seller reserves the right to refuse to process a specific order, at any time and of its own free will, and no amount will be payable by the customer, who will be expressly informed.

Right of withdrawal:

The customer may withdraw from the contract at any time within 14 working days of receipt of the order. In this case, you will be refunded the price paid for the products, in accordance with our Returns Policy.

The right to withdraw from the Contract will only apply to those products that are returned in perfect condition. Similarly, the customer must include all instructions, documents and packaging of the products. No refund will be made if the product has been used or damaged. Therefore, please treat the product with care and keep the original boxes and packaging in case of return.

You will find more details about this legally recognized right and an explanation of how to exercise it below. A summary of this right will also be sent to you by post when you receive the Shipping Confirmation.

Delivery:

Without prejudice to the above, and unless there are extraordinary circumstances or cases of force majeure, we will send the items listed in the Shipping Confirmation before the delivery date shown in the Shipping Confirmation. If no delivery date is specified, the delivery time will be 15 days from the date of the Shipping Confirmation.

If for any reason, it is not possible to comply with the agreed delivery date, the customer will be informed of this circumstance and will be given the option of continuing with the order by establishing a new delivery date, or cancelling the order with a full refund of the amount paid. Please note that no deliveries will be made on Saturdays, Sundays or public holidays.

The delay may be a consequence of the following situations:

- Personalization or customization of the products;

- Specialized articles;

- Assumptions of a major cause;

- Unforeseen exceptional circumstances;

- Delivery area.

For the purposes of these Conditions, delivery shall be deemed to have taken place at the time of signing for receipt of the products at the agreed delivery address.

Impossibility of delivery:

If after two attempts to make the delivery, it is impossible to carry it out, the customer will be informed of the nearest collection point where he can pick up the package. In the case of not being at the delivery place on the agreed date and time, please contact us to agree on a new delivery date.

Transfer of risk and ownership:

Risk and title to the Products shall pass to the customer when the seller receives full payment of the amount resulting from the purchase process, or upon delivery of the product.

Price and Payment:

The price of the products will be the one stipulated at each moment on the website, except in the case of manifest error. If there is an error in the price of any of the products ordered, the customer will be informed as soon as possible and will be given the option to place the order again with the correct price, or to cancel it. In the event that the seller fails to contact the customer, the order will be considered cancelled and any amounts paid will be refunded.

All prices on the website include the corresponding VAT but do not include shipping costs, which will be added to the total amount, according to our Shipping Costs Guide.

Prices may vary according to different circumstances, such as campaigns, promotions or sales season. Except as stated above, possible changes will not affect orders for which a Shipping Confirmation has been sent.

Value Added Tax (VAT):

In accordance with current legislation, all purchases made through the website will be subject to VAT, except those destined for the Canary Islands, Ceuta or Melilla.

In this respect and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, the supplies will be understood to be located in the Member State which has the delivery address of the articles, the VAT applicable being the rate legally in force in each Member State of the destination of the articles which has been indicated in each order.

Under the rules applicable in each jurisdiction, in the case of supplies of goods made in certain Member States of the European Union to a business or professional recipient, the "reverse charge" rule (Article 194 of Directive 2006/112) could be applied, which would mean that no VAT would be charged by us, without prejudice to the recipient's obligation to collect the tax due on the transaction itself.

In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of them.

Contractual liability and exemption from liability:

Liability in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product.

No other provision in the Purchase Conditions excludes or limits in any way the seller's liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; any matter considered illegal or unlawful.

Without prejudice to the above, unless otherwise provided for in the Conditions and to the extent permitted by law, the seller shall not accept any liability for indirect damage caused by the loss of the product, nor for major damage occurring in any way, whether caused by tort (including negligence), breach of contract or otherwise, even if it could have been foreseen.

All product descriptions, information and materials contained on the website are provided as is and without warranties of any kind, whether express, implied or otherwise.

The Holder declines any responsibility in case of interruptions or malfunctioning of the Services or contents offered on the Internet, whatever the cause. Also, the Holder is not responsible for network failures, loss of business as a result of such falls, temporary suspensions of electrical fluid or any other type of indirect damage that may be caused to you by causes beyond the control of the Holder.

The provisions of this clause shall not apply to the rights granted by law to the consumer, nor to his right of withdrawal from the contract

Communications:

By using this website, the buyer agrees that communications between both parties will be electronic. The seller may contact the customer by email, or through the notices posted on the website. Therefore, for contractual purposes, the customer consents, agrees to receive electronic communications and acknowledges that any contracts, notices and information sent to him/her comply with the relevant legal requirements. This condition will not affect your statutory rights.

Communications will be deemed to have been received at the time they are published on the website, or in the case of e-mail, within 24 hours of their sending. In the case of postal mail, they will be considered within 3 days following the postage of the correspondence.

Assignment of rights and obligations:

The contract signed is fully legal and binding on both parties from the moment it is considered valid. The customer may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations arising from it in his favor, without having obtained the seller's prior written consent.

Furthermore, Seller may transfer, assign, encumber, sub-contract or otherwise transfer a Contract or any of the rights or obligations arising under it in its favor at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, liens or other transfers shall not affect the customer's statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties given to the customer.

Events beyond the seller's control

The seller shall not be liable for any failure to perform or delay in performance of any of its obligations under a contract which is due to any event or occurrence of cause beyond its reasonable control.

Force Majeure shall include any act, event, failure to perform, omission or accident which is beyond our reasonable control and shall include in particular (without limitation) the following:

- Strikes, lockouts or other industrial action.

- Civil commotion, riot, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparations for war.

- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

- Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private

- Impossibility of using public or private telecommunications systems.

- Acts, decrees, legislation, regulations or restrictions of other governments.

- Strike, failure or accident of maritime or river transport, postal or any other type of transport.

It is understood that the obligation to comply with the contract will be suspended for the duration of the case of major cause. In such cases, the period for performance of such obligation shall be extended, and the seller shall use all reasonable means to find a solution that will benefit both parties to the contract.

Waiver:

If during the term of the Contract, the Seller does not insist on strict compliance with any of the obligations assumed under the Contract or any of these Conditions, it shall not constitute a waiver of such rights or remedies, nor shall it exonerate the client from complying with such obligations, nor shall it exempt the client from subsequent compliance.

No waiver by us of any of these Conditions shall be effective unless expressly stated to be a waiver and communicated to you in writing in accordance with the provisions of the Notices section above.

Integrity of the contract:

These Conditions and any document expressly referred to constitute a complete and indivisible agreement between both parties, and constitute the main object of the contract. They replace any other previous pact, agreement or promise agreed between the contracting parties.

Both parties acknowledge their agreement to enter into this contract, without any declaration or promise made prior to the conclusion of the contract. The contracting parties renounce any uncertain declaration made by the other party, whether verbal or written, prior to the date of this contract (unless such uncertain declaration was made fraudulently), having recourse only to the breach of contract in accordance with these Conditions.

If any of these conditions or clauses are considered invalid, illegal, or impossible to execute in any way by the competent authority, they will be annulled, without affecting the others, which will continue in force to the extent that applicable law permits.

 

Right of modification:

The seller and owner of the website reserves the right to review and modify these conditions at any time.

 

The customer shall be deemed to be subject to the policies and conditions in force at the time the order is placed. In the event that such modifications are due to a legal obligation, any changes will also affect any orders that the customer may have placed previously and which do not exceed 14 days from receipt of the order

 

Comments:

The Holder reserves the right to withdraw all those comments that violate current legislation, are harmful to the rights or interests of others, or that, in his opinion, are not suitable for publication.

 

The Holder will not be responsible for the opinions expressed by the users through the commentary system, social networks or other participation tools, in accordance with the applicable regulations.

 

Security measures

The personal data provided to the Holder may be stored in automated or non-automated databases, whose ownership corresponds exclusively to the Holder, who assumes all the technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained in them in accordance with the provisions of current legislation on data protection.

 

However, the Holder must be aware that the security measures of computer systems on the Internet are not entirely reliable and therefore the Holder cannot guarantee the absence of viruses or other elements that may cause alterations in the User's computer systems (software and hardware) or in their electronic documents and files contained therein, although the Holder provides all necessary means and takes appropriate security measures to prevent the presence of these harmful elements.

Personal data

You can consult all the information regarding the processing of personal data collected by the Holder on the Privacy Policy page.

 

Cookie Policy

On the Cookie Policy page you can consult all the information regarding the policy of collection and processing of cookies.

The Holder only obtains and keeps the following information about the visitors of the Website:

- The domain name of the provider (ISP) and/or IP address that gives them access to the network.

- The date and time of access to the Website.

- The source Internet address of the link that leads to the Website.

- The number of daily visitors to each section.

- The information obtained is totally anonymous, and in no case can it be associated to a specific and identified User.

 

Links of interest to other websites

The Owner may provide you with access to third party websites through links in order to inform you about the existence of other sources of information on the Internet where you can expand the data offered on the website.

These links to other websites do not in any way imply a suggestion or recommendation for you to visit the destination websites, which are beyond the control of the Proprietor, so the Proprietor is not responsible for the content of the linked websites or the result you get by following the links.

Likewise, the Holder is not responsible for the links located on the linked websites to which he provides access.

 

The establishment of the link does not imply in any case the existence of a relationship between the Holder and the owner of the site where the link is established, nor the acceptance or approval by the Holder of its contents or services.

 

If you access an external website from a link you find on the Website you should read the other website's own privacy policy which may be different from this website's.

 

Intellectual and industrial property

All rights reserved.

All access to this website is subject to the following conditions: the reproduction, permanent storage and dissemination of the contents or any other use that has public or commercial purpose is expressly prohibited without the prior express written consent of the Holder.

 

Limitation of liability

The information and services included in or available through this website may include inaccuracies or typographical errors. Periodically the Holder incorporates improvements and/or changes to the information contained and/or the Services that can be introduced at any time.

 

The Proprietor does not represent or warrant that the services or contents will be interrupted or error-free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components without prejudice that the Proprietor makes every effort to avoid such incidents.

 

Before taking decisions and/or actions based on the information included in the Website, the Holder recommends checking and contrasting the information received with other sources.

 

Right of exclusion

The Owner reserves the right to deny or withdraw access to the website and the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with any of the conditions of this Legal Notice.

 

Jurisdiction

This Legal Notice is governed entirely by Spanish law.

 

Provided that there is no rule that obliges otherwise, for any questions that may arise regarding the interpretation, application and compliance with this Legal Notice, as well as claims that may arise from its use, the parties agree to submit to the Judges and Courts of the city of Madrid, expressly waiving any other jurisdiction that may correspond to them.

 

Contact

If you have any questions about these Legal Conditions or want to make any comments about this website, you can send an email to contact@maourstudio.com