GENERAL TERMS AND CONDITIONS OF PURCHASE

Please we invite you to review the General Terms and Conditions of On-Line Purchase that regulate the offer and purchase of products through our online store. When using this website and carrying out any purchase process you are linked to these General Terms and Conditions of Purchase, so we recommend that you read them carefully. If you do not agree with them, you must refrain from making any purchase of products on this page.

1. LEGAL INFORMATION AND ACCEPTANCE OF THE GENERAL CONDITIONS OF PURCHASE.

1.1 Identification of the service provider.

In compliance with Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the identifying data of the owner of the Web Portal are

COMERCIAL MACYS CANARIAS, S.L. NIF: B35412642 Calle Puntarenas, 12, 35109, San Bartolomé de Tirajana

Registered in the Mercantile Registry of Las Palmas in Volume 1.237, Folio 133, Page GC-13.695, Inscription 1ª

For any questions or queries, you can contact us through the following means of contact:

Phone: (+34) 928 140 998

WhatsApp: (+34) 649 028 509

Email: [email protected]

1.2 Description.

COMERCIAL MACYS CANARIAS, S.L. through these General Terms and Conditions of Purchase offers its users and visitors the possibility of making the online purchase of the products and services offered, in addition to establish communication with the user.

COMERCIAL MACYS CANARIAS, S.L. will develop its e-commerce activity as a virtual store for textile and fashion products through the website https://www.themintcompany.com/.

COMERCIAL MACYS CANARIAS, S.L. may alter at any time and without prior notice, the design, presentation and / or configuration of the Website, as well as some or all the services.

1.3.- Acceptance of the particular conditions of purchase.

The access and use of the service implies by the User the full and unreserved acceptance of all the conditions contained in these General Terms and Conditions of Purchase. Likewise, COMERCIAL MACYS CANARIAS, S.L. reserves in any case the unilateral right to modify these General Terms and Conditions.

Any order placed with COMERCIAL MACYS CANARIAS, S.L. necessarily implies, as an essential, determining, and indispensable condition, the unreserved acceptance COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

by the customer of the General Terms and Conditions of Purchase of their products, in force on the day the corresponding order is placed. In addition, the customer acknowledges that the acceptance of these General Terms and Conditions of Purchase will imply the application of these to the order to which they refer, as well as to any subsequent order, with the exception of those cases in which new conditions are brought to their attention by COMERCIAL MACYS CANARIAS, S.L. The fact that COMERCIAL MACYS CANARIAS, S.L. does not resort at any given time to any of these conditions cannot be interpreted nor will it be equivalent to renouncing to resort to them in the past or the future.

2.- ONLINE PURCHASE PROCESS. 2.1.- Our products, how to find them? COMERCIAL MACYS CANARIAS, S.L., in addition to having physical stores, puts at your disposal a virtual store that offers all kinds of products and services organized in families, so that it is easier for you to find them.

From the home page you can access all levels of product families. You can also find products in COMERCIAL MACYS CANARIAS, S.L. through the search engine, where you just have to enter a keyword (which can be the name of the product, characteristics and even incomplete words) and click on the search button.

2.2.- Product categories/families:

All products have a detailed file, which includes a photograph, name, description, and price including taxes. The prices that appear in the product sheets constitute an invitation for the customer to make an order proposal; therefore, if there is an error in that, COMERCIAL MACYS CANARIAS, S.L. will inform the customer of this circumstance and will not process the order.

Once the products have been selected, they will be incorporated into the Shopping Cart, where at any time the user can add or withdraw products. Once the product selection process is completed, or directly through the "BUY" button, the visitor can finish the product selection process and proceed to their payment.

2.3.- Buy at https://www.themintcompany.com/

To be able to buy at https://www.themintcompany.com/, the user can register on our e-commerce platform, registering a username and password, or without previously registering in it as a guest.

To place an order through our e-commerce platform, regardless of whether they register, the User must complete our form, providing us with the following information:

- Name and surname

- Full mailing address

- Email and Contact

- telephone number.

 

Your personal data will be registered in your customer file, so you will not need to fill them again in subsequent purchases. For more information on the processing and storage of your personal data, please consult our Privacy Policy.

2.4. Product availability and delivery times. COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

The selection of products offered through is valid as long as the products are visible on the website. Being electronic commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock is exhausted, not being able, therefore, in these cases, to continue with the purchase and sale initiated.

In the file of each product the status of availability of the same is indicated:

- Available stock, shipping in 24 / 72 hours. The item is in our stock and our departure commitment from our warehouse is between 24 / 72 hours.

- Check stock. If stock is not available, delivery is subject to the date of production of the piece so that it can be served, and the customer will be informed of the availability of the order within a period of 24/48 hours.

- No stock. End of stock of the article and temporary impossibility of acquiring it.

 

To the previous delivery times we must add the time it takes our transport operator MARTIN E HIJOS, S.L. to serve the goods, being approximately. These deadlines are computed on working days (Monday to Friday, both inclusive) since COMERCIAL MACYS CANARIAS, S.L. does not make expeditions on holidays, Saturdays, or Sundays.

The delivery times indicated are indicative. If there is any stock break or punctual unavailability of an article, COMERCIAL MACYS CANARIAS, S.L. will contact the customer to notify him immediately and give him a new delivery time or, if it is not possible to provide said product, proceed to its cancellation. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.

2.5.- How is the order processed?

The acquisition of the products must be made through the activation of the "PLACE ORDER" button that appears at the bottom of the page of the purchase request and expresses the total acceptance of each and every one of these Terms and Conditions of Purchase, as shown on the web, prior to the acquisition of the products.

When we click on the CHECKOUT button in the shopping cart (after having selected the products and units), the registered user must enter their username and password data, directly accessing a personalized purchase panel, where they can modify their shipping address data and select the different types of shipments and means of payment.

2.6.- Prices.

The prices applicable to each product, which include taxes, are those indicated on the website on the date of order. During the purchase process, the amount corresponding to the tax burden according to the current rate and applicable to the products and / or services marketed will be broken down, as well as the corresponding shipping costs broken down before the confirmation of the order.

Offers shall be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

COMERCIAL MACYS CANARIAS, S.L. reserves the right to make, at any time and without prior notice, the modifications that seem appropriate, being able to update products and services daily depending on the market.

The corresponding shipping costs are always indicated in the order. In shipments made to countries outside the European Union, COMERCIAL MACYS CANARIAS, S.L. will not assume the expenses corresponding to taxes and customs duties of each country.

In case of a price variation, COMERCIAL MACYS CANARIAS, S.L. will communicate by email to the client the variation and the client may choose to cancel his order without being able to impute any additional cost.

2.7. Purchase Limit.

The acquisition of the items for resale is expressly prohibited. In this sense, purchases exceeding € 10,000 or the equivalent amount in the corresponding currency may not be made, nor orders containing more than 100 items.

Customers who are interested in making purchases greater than the amounts or amounts mentioned above for purposes other than resale, can contact the Customer Service Department, on the phone (+34) 928 140 998, where they will be informed of the different options to make the desired purchase.

2.8.- Payment methods.

COMERCIAL MACYS CANARIAS, S.L. proposes various means of payment so that the client can choose the one that best suits him or best suits his needs:

              Payment by Credit Card Visa, MasterCard and American Express, which have developed a system to securely make payments on the Internet. The Secure Electronic Commerce system is based on the Cardholder identifying the cardholder before authorizing Internet payment. COMERCIAL MACYS CANARIAS, S.L. reserves the right to refuse any transaction made by credit card. In this case we will proceed to refund the cash on the original card. In these cases, and if the customer is interested in progressing in the purchase of the items, we will request a bank transfer.

 

If this is the means selected by the user for payment, a secure connection is established, through SSL1, where you must confirm the payment and enter the bank details directly. This page is not controlled by COMERCIAL MACYS CANARIAS, S.L., but it is an external payment gateway, so that COMERCIAL MACYS CANARIAS, S.L. does not have access to your bank details or store them.

              Payment by Transfer: You can make a bank transfer to the account that will be indicated at the time you select this payment method. The order will not be considered effective until we confirm the corresponding income.

 

Delivery times begin to run from this date. To process the order as soon as possible it is necessary that the order number is reflected in the concept of the transfer. COMERCIAL MACYS CANARIAS, S.L. will not be responsible for delays caused by this reason.

1 Protocol SSL COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

 

              PayPal account: Secure payment system in which the user opens an account in the system that subsequently allows him to make payments in many online stores around the world, using his credit or debit card. PayPal will be the only one who will have the client's bank details, being an intermediary between the client and COMERCIAL MACYS CANARIAS, S.L. Now in which the client makes the payment, the payment is immediate. In this way, COMERCIAL MACYS CANARIAS, S.L. receives it by processing your order (after verifying that the data is correct). To register or get more information visit www.paypal.es, PayPal site for Spain. These links are external and link to pages with their own conditions of use and / or privacy.

 

2.9.- Non-payment.

Upon the agreed expiration for the shipment, in case of total or partial non-payment by the customer, COMERCIAL MACYS CANARIAS, S.L. may suspend or cancel any shipment, without incurring liability for any damages or losses, including loss of profits, or damages for delay or loss of production caused to the customer. The previous faculty of COMERCIAL MACYS CANARIAS, S.L. -in no case- will release the client from its contractual obligations in relation to the payments due and the receipt of the products.

2.10.- Billing.

COMERCIAL MACYS CANARIAS, S.L. will have the obligation to issue an invoice to those customers who demand it. This invoice will include the concept and detail of the sum received for the shipment of the requested orders.

2.11.- Transport and shipping costs.

The shipping and / or management costs are not included in the price and will be shown to the customer before finalizing their purchase, depending on the shipping address of each order.

COMERCIAL MACYS CANARIAS, S.L. is not responsible for any delay caused in the transport by:

              a) Incorrect or incomplete address

              b) Do not enter a contact phone number

              c) Strikes by carriers and force majeure.

 

If the customer does not appreciate external breakages in the package at the time of receiving it, but when opening it observes damage due to transport, he must notify the transport company in less than 24 hours to record and contact COMERCIAL MACYS CANARIAS, S.L. Otherwise, it will be understood that the product has been accepted in conformity. Once the previous period has elapsed, the transport company considers that the goods sent are in perfect condition and cannot be held responsible for possible defects.

2.12.- Delivery of the products.

The products will be sent to the shipping address that the customer has indicated in the order. In the case of placing an order for several items with different availabilities, the delivery time will consider the longer expected delivery. The courier does not make deliveries on Saturdays, Sundays, or holidays.

It is not possible to agree on delivery times. The delivery time will be 3 – 5 working days after placing the order for products available for immediate shipment and 5 - 10 working days for products not available for immediate shipment. COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

In exceptional cases, COMERCIAL MACYS CANARIAS, S.L. reserves the right to break down the order, sending the available items and leaving pending a second shipment, the items not available. COMERCIAL MACYS CANARIAS, S.L. will not send any product until its Administration Department has verified that the payment has been made.

As soon as your order is sent from our warehouse, you will receive an email indicating the tracking number of MARTIN E HIJOS, S.L. You can check the status of your order 24 hours after receiving the e-mail via the link provided.

If the customer detects any problem at the time of delivery of his order (damaged packaging, defective, missing or deteriorated products) he must indicate it in writing on the delivery note of the carrier, and notify COMERCIAL MACYS CANARIAS, S.L. through the email [email protected] within 24 hours of receipt of the order.

No return of damaged item, as well as claim of missing item, will be accepted if it has not been communicated within the established period. All this without prejudice to the right of guarantee for products not in accordance with the contract that assists every consumer, in accordance with current regulations.

If the customer does not receive the order, he can contact COMERCIAL MACYS CANARIAS, S.L. by phone +34 928 14 60 50 or email address [email protected]

2.13.- Collection in store

We also offer the option to pick up your purchase in our stores at no additional cost. Your purchase will be available in our store after receiving the payment confirmation. You can choose any of our stores for collection.

3. EXCHANGE, CANCELLATION AND RETURN OF ORDERS.

3.1.- Change.

These changes are not allowed by the customer when the product is made to measure or following their instructions. The customer may change an order if it has not been shipped. For any changes, you must notify it as soon as possible via email [email protected] with indication of the desired changes.

3.2.- Cancellation.

The cancellation of orders placed by the customer is not allowed when the product is made by specific measurements or following your instructions.

Orders may be cancelled totally or partially until the moment of shipment. For any cancellation of the order, you must notify it as soon as possible through the email [email protected] If the cancellation is made within the a forementioned period, no penalty will be applied to the client.

In case of cancelling an order once it has already been confirmed and sent, the customer must take care of the transport and processing costs that have been caused. COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

As a result of the cancellation with the right to reimbursement, the amount of the purchase will be refunded using the same means of payment used for the initial transaction, unless expressly provided otherwise.

For credit cards, the amount will be refunded at the end of the monthly billing period. The exact date of the refund depends on the credit card agreement between the bank and the customer. The refund through a bank transfer will be made within the following seven business days, or whenever appropriate, in accordance with the stipulations of the corresponding bank.

Any difference in amount between the original order and the modified one will be processed following the procedure corresponding to the chosen means of payment. The costs of return and new shipment will not be assumed by COMERCIAL MACYS CANARIAS, S.L.

However, COMERCIAL MACYS CANARIAS, S.L. may not substitute without prior consultation with the client, a product or product model. If it is the case that, for reasons beyond the control of COMERCIAL MACYS CANARIAS, S.L., the supply of the order is not possible, the customer will be offered the possibility of exchanging it for a substitute product of similar characteristics, granting the right to cancel the order by the customer.

3.3.- Return of orders.

The return of orders placed by the customer is not allowed when the product is made by specific measurements or following your instructions.

Orders may be returned within 14 days from the date of purchase, and for this the Customer must contact COMERCIAL MACYS CANARIAS, S.L. through email [email protected]

Conditions to return.

The return of orders placed by the customer is not allowed when the product is made to measure or following their instructions.

The product must not have been used and must be returned with the same original packaging that was received, as well as the original labels and stickers. Products that have been modified cannot be returned.

The customer must have the purchase invoice. If you do not have it, it must be included in the database of COMERCIAL MACYS CANARIAS, S.L.

The customer must bear the shipping costs in case of return, which must be paid directly to the transport company at the time of collection. No material will be collected that is received postage collect.

The item to be returned must be properly packaged to return. The shipping costs of the order will not be refunded.

 

The following will be the causes for returning products:

That the product does not comply with the characteristics of the file shown on our website. In this case the amount of the product will be refunded except shipping costs. This refund will be made to the means of payment used by the customer by refund.

That the product comes from defective origin. In this case, the exchange will be made for another equal once the product to be returned has been received. COMERCIAL MACYS CANARIAS, S.L. will be responsible for the postage of the return and reshipment.

COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

Once the merchandise has been received at our warehouses and verified that the item meets the required return conditions, we will proceed to integrate the amount of the purchase in the same payment method that has been made.

4.- RIGHT OF WITHDRAWAL.

The customer has the right to withdraw from the purchase within 14 calendar days without justification, for all those orders that have not been made to measure or following the instructions of the customer. To do this, you will need to follow these steps:

1º Access your account and in the "MY ORDERS" section, select the order that contains the merchandise you want to return.

2º Click on "CREATE A RETURN" and mention the reason why you want to return the item. In case of a defective item, please mention the defect found.

3º You will soon receive an email with your RMA number that will be valid for the next 30 calendar days. Please note this RMA number on the return form and include it in the package with the items to be returned.

4º To request a refund, please select the same method of payment with which you made the purchase. The refund will not include shipping and customs clearance costs.

When the means of payment of the refund is by bank transfer, COMERCIAL MACY'S CANARIAS, S.L. must be provided with an account number so that the corresponding amount can be paid.

In case of doubts or questions, you can contact our Customer Service team, through the contact form or by calling (+34) 928 140 998.

The withdrawal period will expire after 14 calendar days, starting from the day on which the customer or a third party indicated by him, other than the carrier, received the order.

To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the right by you is sent before the corresponding period expires.

In case of withdrawal, all payments received will be refunded. However, the customer must bear the direct cost of returning the goods

The payment will occur without any undue delay and, in any case, at most, after 14 calendar days from the date on which the customer informs of the withdrawal. Such reimbursement shall be made using the same means of payment used for the initial transaction, unless expressly provided otherwise; In any case, the customer will not incur -in any expense- because of the reimbursement.

4.1.- Products not subject to the right of withdrawal.

In the case of orders made to measure or under the instructions of the client, section c) of article 103 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 and other complementary laws, will apply, which provides as follows: COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

"The right of withdrawal shall not apply to contracts concerning:

a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by the entrepreneur, he will have lost his right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.

c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire rapidly.

e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

f) The supply of goods which, after delivery and considering their nature, have been inextricably mixed with other goods.

g) The supply of alcoholic beverages the price of which has been agreed at the time of conclusion of the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations which the trader cannot control.

h) Contracts in which the consumer and user has specifically requested the entrepreneur to visit him to carry out urgent repair or maintenance operations; If, on that visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal should apply to those additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily press, periodicals, or magazines, except for subscription contracts for the supply of such publications.

k) Contracts concluded by public auction.

l) The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on his part that consequently he loses his right of withdrawal.

Therefore, in the case of underwear and / or personalized products according to the instructions of the customer, he will not be able to exercise the right of withdrawal.

5.- GUARANTEES.

All products have a two-year warranty from the date of delivery, although it does not include deficiencies caused by negligence, blows, incorrect use or improper handling. In addition, the guarantee will lose its value if there is no purchase invoice.

Unless proven otherwise, it will be presumed that the lack of conformity that is manifested in the six months after the delivery of the product, already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

The warranty will be invalid under the following circumstances:

              • Blows and/or improper transport,

              • Fault or negligence of the client or third party,

              • Misuse

              • Damage because of force majeure.

COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

6.- RESPONSIBILITY OF THE CLIENT.

The client undertakes to make lawful use of the Services, without contravening current legislation, or harming the rights and interests of third parties.

The client guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding causing damage to COMERCIAL MACYS CANARIAS, S.L. because of their incorrectness.

Likewise, it undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be received within the usual hours of delivery of goods (Monday to Friday from 9:00 a.m. to 5:00 p.m. GTM (except for holidays in Spain).

Failure to comply with any of these General Conditions of Contract may result in the cancellation or cancellation of orders by COMERCIAL MACYS CANARIAS, S.L. without prior notice to the client and without this implying a right to any compensation.

In case of being rejected the shipment by the customer, COMERCIAL MACYS CANARIAS, S.L. will not refund the amount of the shipping costs, being assumed by the customer.

7.- TECHNICAL SUPPORT AND CUSTOMER SERVICE.

Phone: (+34) 928 140 998

WhatsApp: (+34) 649 028 509

Monday to Thursday — 09:00 @ 17:30 GMT

Friday 09:00 @ 15:00 GM

8.- PERSONAL DATA

In the "Privacy Policy" section you have information about your personal data.

9.- INDUSTRIAL AND INTELLECTUAL PROPERTY

The intellectual and industrial property rights over the works, trademarks, logos, and any other susceptible to protection, contained on the website correspond exclusively to COMERCIAL MACYS CANARIAS, S.L., or to third companies that have authorized COMERCIAL MACYS CANARIAS, S.L. the use of said trademarks, logos, and distinctive signs.

The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of the intellectual and industrial property rights of COMERCIAL MACYS CANARIAS, S.L., or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

Likewise, the information to which the client can access through the website may be protected by industrial, intellectual, or other property rights. The Company will not be responsible in any case and under any circumstances for infringements of such rights that you may commit as a user and / or client. COMERCIAL MACYS CANARIAS, S.L. Condiciones Generales de Venta

 

10.- NOTIFICATIONS.

All notifications, requirements, requests, and other communications that must be made by the parties in relation to these General Terms and Conditions of Purchase must be made in writing and it will be understood that they have been duly sent by ordinary mail to the address of the other party or their email.

Specifically in the case of COMERCIAL MACYS CANARIAS, S.L., you must notify the postal address Calle Puntarena 12, nave B5-35109 San Bartolomé de Tirajana-España, at number by phone +34 928 14 60 50 or at the email address [email protected]

11.- NULLITY AND INEFFICIENCY OF THE CLAUSES.

If any clause included in these General Terms and Conditions of Purchase is declared, totally or partially, null, or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the rest of the General Terms and Conditions of Purchase. Consequently, the clause declared totally or partially null or ineffective will be considered not to be applied.

12.- APPLICABLE LEGISLATION AND SUBMISSION TO JURISDICTIONS.

Purchases made in are subject to Spanish legislation.

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction, in which it is attended, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party.

In the event that the buyer acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Las Palmas de Gran Canaria.