This document (together with the documents mentioned herein) sets out the conditions governing the use of this website and the purchase of products on it (hereinafter the Conditions).
Please read the Terms carefully before using this website. By using this website or placing an order through this website, you consent to be bound by these Terms, without any reservation in respect thereof. These Terms supersede any prior terms reflected in any other document, except for any prior amendments that may have been granted in writing.
We have the right to revise and modify these Terms at any time. Accordingly, the terms and conditions in effect at the time you use the Website or enter into the Agreement (as defined below) will be those applicable to you.
The Agreement (as defined below) may be entered into, at your option, in any of the languages in which the Terms are available on this website.
This website is operated under the name shonmott.com by SHON MOTT BARCELONA S.L., (hereinafter, “SHON MOTT”), a Spanish company domiciled in Barcelona, calle Amigó, 50, 08021, registered in the Mercantile Registry of Barcelona, in Volume 44.675, Folio 159, Page B-463.161, and provided with NIF B-66419136.
Schedule Monday to Friday from 10:00 to 14,00 and from 16.30 to 20.00
The sale is understood to have taken place at our registered office and the purchase through this website implies the express acceptance of these Conditions without any reservation.
Your data and your visits to this website
Through your account, you will be able to modify your data if necessary.
Use of our website
By placing an order through this website, you declare that you are at least 18 years of age and have the legal capacity to enter into contracts.
If you place an order on behalf of a legal person, you declare that you have sufficient capacity to represent that legal person and to accept these Purchase Conditions.
Availability of products and services
All orders are subject to product availability. If there are any difficulties in the supply of products or if there are no items left in stock, we will refund any amount you may have paid.
In addition, items offered through this website are only available for shipment to Spanish territory, except Canary Islands, Ceuta and Melilla and mainland Portugal (except Azores-Madeira).
The purchase process consists of several steps that are summarized below:
- To make the purchase you must have registered on our website and register on it. To this end, it will be necessary to provide a series of data such as your name, address, date of birth, sex, among others, which must be true and accurate in all cases. When you register you will have a username and password (the “Credentials“) to access your personal account on the web. You can modify the data at any time by logging into your account.
- Once you have the Credentials you can choose your products, add them to the cessation and follow the steps indicated to complete the order and formalize the purchase.
- We will send you a shipment confirmation (the “Shipment Confirmation“) when we have verified the availability of the product.
Transfer of ownership of products
The risk of the product will be at your expense from the time of delivery so from that time you will be solely responsible for it. Notwithstanding the foregoing, and despite having proceeded to its delivery, you will not acquire full ownership of the products until we receive full payment of all amounts due in relation to them, including shipping costs.
Impossibility of delivery
If after 3 attempts we are unable to deliver your order, we will try to find a safe place to leave it. We will also leave you a note telling you where your order is and how to pick it up. If you are not going to be at the place of delivery of the order at the agreed time, please contact our logistics operator to arrange delivery on another day.
In any case, to pick up your order, you will have a period of 14 days from the date that following the procedure set out in these Conditions you are informed that your order is available. If you have not picked up your order after this period has elapsed, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will return to you the price paid for such products 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 to be terminated, discounting shipping and return costs.
Price, Payment and Invoicing
The price invoiced to you is the price of the online order after acceptance of it (the prices on this website include VAT) plus shipping costs (as set out in our Shipping Costs Guide) as well as any other tax or applicable rate by virtue of the country of destination and minus any applicable discounts, and, unless expressly stated otherwise, shall be payable prior to shipment.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you a Confirmation of Shipment.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.
You can pay with Visa, Visa Electron, Mastercard, Maestro. To minimise the risk of unauthorised access, your card details will be encrypted.
By clicking on “Authorise Payment” you are confirming that the credit card is yours or that you are the legitimate holder and that under no circumstances are you acting fraudulently.
Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be responsible for any delay or non-delivery and will not be able to formalize any Contract with you.
You expressly authorize us to issue the invoice in electronic form, although you may at any time indicate to us your willingness to receive a paper invoice, in which case we will issue and send the invoice in such format.
Value Added Tax
According to the legislation in force, all purchases made from our website will be subject to Value Added Tax (VAT) or any other tax or applicable rate by virtue of the country of destination.
Exchange and Returns Policy
- Product Review: It is your responsibility to review the products immediately upon receipt in accordance with the terms and conditions of these Terms.
- Legal Right of Withdrawal: In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “Royal Decree 1/2007”), you shall have the right to withdraw from the sale within 14 calendar days of receipt of the products subject to the sale without penalty of any kind as long as it is due to any manufacturing defect. To exercise this right of withdrawal, you must notify your decision to withdraw from the contract of sale through an unequivocal statement sent by email to firstname.lastname@example.org which includes your contact details, the order reference, delivery date and photocopy of your ID / NIE / Passport. We will contact you to coordinate the collection of items subject to withdrawal. Unless otherwise indicated, you can return the products either by delivery in the store (Barcelona: Amigó, 50. 08021 or Pau Claris, 157. 08037 / Madrid: Lagasca, 70. 28001) or by sending them to the following address (Amigó, 50. 08021 Barcelona), being at your expense the costs of such shipment. In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise of said right is sent before the corresponding period expires. In the event of a withdrawal in accordance with this Clause, SHON MOTT will refund all payments received in connection with the purchase subject to withdrawal (including shipping costs for the cheapest shipping option offered) no later than 14 days following the day on which SHON MOTT receives the aforementioned communication. SHON MOTT may make such refund using the same means of payment as you would have used for the initial purchase transaction unless another means of payment is expressly agreed upon. Notwithstanding the foregoing, SHON MOTT may withhold the refund until it has received the goods that are the subject of the purchase or until you have provided proof of the return of the goods, whichever condition is met first. Items must be in perfect condition and with their corresponding label. They must be returned in their original packaging to ensure that they are properly protected in transit. Shoe boxes should also be protected as they are considered part of the product and may not be accepted for return if the box is damaged by the consumer. No refund will be made if the product has been used beyond the mere opening of it, if products are not in the same condition in which they were delivered or have suffered any damage or if the product is not returned using or including all its original packaging, instructions and other documents that accompany it.
- Returns of defective products: In the cases in which you consider that at the time of delivery the product does not conform to what is stipulated in these Conditions, you must contact us immediately through our email: email@example.com indicating the data of the product as well as the damage it suffers, or by calling the phone number +34 93 461 63 23 where we will tell you how to proceed and how to return the product. It is understood that the products are in accordance with these Conditions provided that:
- conform to the description made by us and possess the qualities that we have presented on this website;
- are suitable for the uses to which the products of the same type are ordinarily destined and
- present the usual quality and performance of a product of the same type which is reasonably foreseeable having regard to the nature of the product and, where appropriate, the public statements concerning the specific characteristics of the products which we could have made.
In this regard, please note that the products we sell, especially handicraft garments, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and colour, will not be considered defects or defects as long as the natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product. We will carefully examine the returned product and will inform you by e-mail, within a reasonable time, whether the return or replacement of the product (if any) is appropriate. The return or replacement of the item will take place as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the return or replacement of the non-conforming item proceeds. The amounts paid for those products that are returned because of a fault or defect, when it really exists, will be refunded in full, including delivery costs incurred to deliver the item. The return will be made in the same means of payment that was used to pay for the purchase. In any case, the rights recognised by the legislation in force are excluded.
For any incidence or claim you will be able to send an email to the address firstname.lastname@example.org . As a consumer you can request complaints sheets at our registered office or download them at the following link: http://consum.gencat.cat/doc/doc_59629304_1.pdf
Industrial and intellectual property
You acknowledge and agree that all copyrights, trademarks and other industrial and intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who granted us a licence to use them. You may use such material only in the manner expressly authorized by us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or contact details.
Links from our website
In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only and we have no control over the content of such websites or materials.
Therefore, we accept no liability for any damage or loss arising from their use.
Applicable law requires that some of the information or communications we send you be in writing. By using this website, you agree that most such communications with us are 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 legal requirements to be in writing. This condition does not affect your statutory rights.
The notifications that you send us should preferably be sent through our email email@example.com. In accordance with the provisions of clause 15 above and unless otherwise stipulated, we may send communications either to e-mail or to the postal address provided by you when placing an order. Notices will be deemed to have been received and correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or 3 days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered by post or in a mailbox and, in the case of an email, that it was sent to the email address you specified when placing the order.
Assignment of Rights and Obligations
In case of purchase through this website, these Conditions of Purchase are binding both for you and for us, as well as for our respective successors, assigns and assigns. You may not transfer, assign, encumber or otherwise transfer your contractual position or any of your rights or obligations under it to you or for you without our prior written consent.
If any of these Conditions are declared null and void by final resolution by a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity, and the null or unenforceable clause shall be replaced by another that can be assimilated to the previous one in the most appropriate way possible.
Your Credentials are personal and confidential and can only be modified by you. Also, you are solely responsible for the use of them and you agree not to disclose them to third parties, so any fraudulent use of them will in no case be the responsibility of SHON MOTT. You also agree to notify SHON MOTT immediately of any unauthorized use of your Credentials, as well as access by unauthorized third parties.
Neither you nor SHON MOTT shall be liable for any breach of these Conditions as a result of force majeure beyond your control. Force majeure shall mean any act, event, lack of exercise, omission or accident beyond your reasonable control, and in particular, and for purposes other than but not limited to, the following: strikes, lockouts or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, inability to use trains, ships, aircraft, motor transport or other means of transport, among others. It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to comply with such obligations for a period of time equal to the duration of the cause of force majeure.
The use of our web page and the contracts of purchase of products through the same one will be governed by the Spanish legislation. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, and in particular, the Courts of Barcelona. Notwithstanding the foregoing, if you are contracting as a consumer, nothing in this clause will affect the rights that as such you could recognize the legislation in force.
Comments and suggestions
We welcome your comments and suggestions. We kindly ask you to send us your comments and suggestions through our email: firstname.lastname@example.org