Terms of service
This is an English translation for convenience. In case of discrepancy, the Spanish version prevails.
1. Identification and purpose
These Terms of service govern access to, browsing and use of the Marotinas online store, as well as the purchase of the products offered through it.
The store is operated by:
Trade name: Marotinas
Owner: Rocío García-Griñán Fernández-Jardón
NIF (Tax ID): 53763775X
Address: Calle Juan de Villanueva, 28660 Boadilla del Monte, Madrid, Spain
Email: marotinas.studio@gmail.com
Phone: +34 626 71 29 83
The technological infrastructure of the store is provided by Shopify. However, sales are concluded directly between the customer and Marotinas.
By placing an order, the user declares that they have read and accepted these Terms of service, as well as the Privacy policy, the Cookie policy, the Shipping policy and the Returns and refunds policy.
2. Capacity to purchase
To make a purchase, the customer must have sufficient legal capacity to enter into contracts and be of legal age under the applicable law.
The customer undertakes to provide true, up-to-date and complete information during the purchase process, including contact, billing, payment and shipping details.
The customer is responsible for checking that the details provided are correct before confirming the order.
3. Handmade nature of the products
All Marotinas bags are made to order and by hand.
Due to the manual production process and the cutting of fabrics and prints, each piece is unique and may show slight variations in the placement of the pattern, composition, finishes or shades compared with the images shown on the website.
These differences are inherent to handmade production, give each creation its authenticity and are not considered manufacturing defects.
Marotinas tries to display the colours and characteristics of its products as faithfully as possible. However, how they look may vary depending on the screen, the device and its settings.
Nothing in this section limits the consumer's legal rights where the product is defective, does not match its description or shows a lack of conformity.
4. Product availability
All orders are subject to the availability of materials and to Marotinas' handmade production capacity.
If, after a purchase has been made, it is not possible to make the requested product, Marotinas will inform the customer as soon as possible and will refund all amounts paid in full.
Marotinas reserves the right to modify, replace or withdraw products from the store, and to limit the units available, without affecting orders already accepted.
5. Purchase process and order acceptance
Placing an order constitutes an offer to purchase by the customer.
Before completing the purchase, the customer can review the selected products, their prices, the shipping costs and the total amount.
Steps to purchase and contract archiving. To buy: (1) add the products to the cart; (2) enter your shipping and billing details; (3) choose the shipping method and the payment method; (4) review the order summary and correct any data before paying; (5) click "Pay now". You will receive an order confirmation by email. The contract is archived electronically and you can access it through the confirmation email or your customer account. The contract can be concluded in Spanish and English.
The order will be considered accepted when Marotinas sends the customer the corresponding confirmation by email and the payment has been authorised.
Marotinas may refuse or cancel an order for justified reasons, including: lack of availability of materials; an obvious error in the price or description; inability to verify the payment; reasonable indications of fraud; or inability to make the delivery.
If an order that has already been paid is cancelled by Marotinas, the amount paid will be refunded in full.
6. Prices and taxes
Prices shown in the store are expressed in euros and include the legally applicable taxes. Prices include Spanish VAT (21%), also on shipments to other EU countries.
Shipping costs and any other additional cost will be clearly indicated before the customer confirms the purchase.
Marotinas may change its prices at any time. Changes will not affect orders already confirmed.
In the event of an obvious pricing error, Marotinas will contact the customer to offer the option of confirming the order at the correct price or cancelling it with a full refund.
You can download your invoice from your order status page, which you can reach from the order confirmation email. If you need a full invoice in the name of a company or professional, send us your tax ID within 7 days of purchase.
7. Payment methods
The customer may use the payment methods enabled during checkout: card, Apple Pay, Google Pay, MB WAY and any others shown at checkout.
Payments are processed securely through Shopify Payments. Marotinas never accesses or stores full card data.
The customer declares that they are authorised to use the selected payment method and undertakes to provide accurate and up-to-date payment information.
8. Production, shipping and delivery
Each bag is made to order. The estimated production time is a maximum of 2 weeks before shipping, from order confirmation.
Once production is finished, the estimated transit time is 3 to 5 working days within Spain and 4 to 7 working days to other EU countries.
These times are estimates and may be affected by periods of high demand, transport incidents, public holidays or circumstances beyond Marotinas' reasonable control. In the event of a significant delay, Marotinas will inform the customer as soon as possible.
If the order is not delivered within the agreed time or, failing that, within 30 days, you may grant us an additional period appropriate to the circumstances and, if it is still not delivered within that period, cancel the contract with a full refund of the amounts paid.
Marotinas is responsible for the order until it is physically delivered to the customer or to a person authorised by the customer to receive it.
Specific prices, destinations and conditions are set out in the Shipping policy available in the store.
9. Cancellations, returns and withdrawal
The customer has 14 calendar days from receipt of the order to notify their decision to withdraw from the purchase, without having to give any reason and without penalty.
The fact that a bag is made after the order is received does not, in itself, remove this right. The legal exception set out in article 103.c) of Spanish Royal Legislative Decree 1/2007 may only apply to products made to the customer's specifications or clearly personalised.
Catalogue bags, although made after the order is received, are not excluded from the right of withdrawal. Where a product is excluded because it is a personalised piece, this will be expressly stated on its product page before the purchase is completed.
Where the return is due to a change of mind, the customer will bear the direct cost of returning the goods, having been informed of this in advance.
Where the product arrives defective, damaged, incorrect or does not match the order, Marotinas will bear the necessary costs of collection, replacement, repair or refund, as appropriate.
The full conditions, requirements and procedure are set out in the Returns and refunds policy.
10. Legal guarantee and defective products
Products are covered by the three-year legal guarantee of conformity provided for in the applicable Spanish and European legislation.
If a product does not conform to the contract, the consumer may exercise the rights legally available to them, including, depending on the circumstances, repair, replacement, price reduction or termination of the contract.
The clauses of these Terms do not limit or exclude any mandatory consumer rights.
11. Intellectual and industrial property
All store content, including texts, photographs, videos, designs, illustrations, logos, visual identity, product names, graphics and other elements, belongs to Marotinas or is used with the corresponding authorisation.
This content is protected by Spanish, European Union and international intellectual and industrial property law.
Reproducing, distributing, transforming, publicly communicating, downloading or using this content for commercial purposes without the prior written authorisation of Marotinas is not permitted.
Use of the website does not grant the user any rights over the trademarks, designs, content or protected elements of Marotinas or third parties.
12. Permitted use of the website
The user undertakes to use the store lawfully and not to: use it for fraudulent or unlawful purposes; introduce viruses, malware or harmful technologies; attempt to gain unauthorised access to systems or data; impersonate another person; collect third-party data without authorisation; copy or commercially exploit store content; or carry out actions that affect the security or operation of the service.
Marotinas may restrict or suspend access where there are reasonable indications of fraudulent or unlawful use or use contrary to these terms.
13. Third-party services and links
The store may include tools, services or links provided by third parties, such as Shopify, payment providers, carriers or social networks.
Use of these services may be subject to their own terms and privacy policies.
Marotinas is not responsible for the content of external pages or for services provided directly by third parties, without prejudice to the liability that legally corresponds to it as seller.
14. Relationship with Shopify
The store is hosted on Shopify, which provides the technological infrastructure needed to offer the products and carry out certain functions.
All sales made in the store are concluded directly between the customer and Marotinas. Shopify is not the seller of the products nor the party responsible for their production, delivery, return or guarantee.
15. Data protection
Personal data provided by users will be processed in accordance with the Privacy policy published in the store.
Shopify and other providers necessary to provide the service may process certain personal data as data processors and, for certain processing of their own, as independent controllers, as explained in the Privacy policy.
Users should consult the Privacy policy to learn about the purposes, legal bases, recipients and rights relating to the processing of their data.
16. Reviews and content submitted by customers
When a customer submits a review, photograph or comment, they declare that they hold the rights needed to do so and that the content does not infringe third-party rights.
Marotinas may publish reviews or content provided by the customer only in accordance with the authorisation granted and the applicable regulations.
Marotinas may remove content that is unlawful, offensive, fraudulent or that infringes third-party rights.
How reviews are verified. Reviews on the website are collected through Judge.me and can only be left by customers who have bought the product: after shipping we send them an email invitation and Judge.me checks that it matches a real purchase, showing a "Verified" label. We do not buy or commission reviews, we do not offer benefits in exchange for leaving them, and we publish all of them, positive and negative, except those with unlawful, offensive or fraudulent content.
17. Errors and changes to the website
Marotinas tries to ensure that the information in the store is correct and up to date. However, typographical, technical or availability errors may occur.
Marotinas may correct errors and update content when necessary. If an error substantially affects an order already placed, the customer will be informed and their legal rights will be respected.
18. Liability
Marotinas will not be liable for temporary interruptions of the website, unforeseeable technical incidents or delays arising from circumstances beyond its reasonable control.
However, nothing in these Terms excludes or limits: liability that cannot legally be excluded; the non-waivable rights of consumers and users; liability for defective or non-conforming products; or liability arising from wilful misconduct, gross negligence or breach of legal obligations.
19. Changes to these terms
Marotinas may update these Terms to adapt them to legislative, technical, commercial or operational changes in the store.
The version applicable to each order will be the one in force and accessible on the website at the time the customer makes the purchase.
Changes will not apply retroactively to orders already confirmed.
20. Applicable law and dispute resolution
These Terms are governed by Spanish law. If you are a consumer resident in another EU Member State, this choice does not deprive you of the protection afforded by the mandatory rules of the law of your country of residence.
Where the customer is a consumer, any dispute will be submitted to the courts that are competent under consumer protection regulations, without depriving the consumer of the right to go to the courts of their place of residence where legally applicable.
The parties may try to resolve any issue amicably by contacting Marotinas first.
Marotinas is not affiliated with any consumer arbitration system or alternative dispute resolution body. You may file a complaint with the consumer services of your region or the Consumer Arbitration Board.
21. Contact
For any questions about these Terms or about an order:
Marotinas
Owner: Rocío García-Griñán Fernández-Jardón
NIF (Tax ID): 53763775X
Address: Calle Juan de Villanueva, 28660 Boadilla del Monte, Madrid, Spain
Email: marotinas.studio@gmail.com
Phone: +34 626 71 29 83