TERMS AND CONDITIONS OF USE AND SHOPPING
Welcome to the website www.mariona.es (hereinafter "MARIONA.ES" or "the Web"). Accessing to the Web and browsing through it, submitting an order and purchasing products promoted through the Web presuppose reading, understanding and accepting of these Terms and Conditions of Use and Shopping Purchase (hereinafter "Terms ").
If the User has any questions regarding the Terms please contact us through our contact form.
The products advertised through the Web are marketed and sold directly by MARIONA BAULENAS, SL, a Spanish company established in Benet Mateu, 48-50 Barcelona and registered in the Register of Barcelona, Volume 32279, Sheet 51, Page B 205293, inscription 1, VAT number ESB62165808.
The User can contact MARIONA BAULENAS, SL through our Customer Service at (+34) 93 204 82 09 Monday to Friday from 10.00 to 13.30 GMT + 1 and 16.30 to 20.00 GMT + 1 and Saturday from 10.00 to 14:00 GMT + 1 or at any time by email to firstname.lastname@example.org or using the contact form.
1.1. For the purposes of these terms and conditions the following definitions apply:
1.1.1. Web or MARIONA.ES: The set of web pages that make up the website published under the domain name mariona.es and its sub domains.
1.1.2. User: Any individual who has provided personal information through any web form or who access Web.
1.1.3. MARIONA: MARIONA BAULENAS, SL.
1.1.4. Private Area: Pages of the Web which access is limited to the registered Users. Through this Area Users can submit and manage their orders.
2.1. This document establishes the terms and conditions that will apply to the orders for the products promoted through the Web, and their management by the section "My Account" of Private Area.
2.2. MARIONA offers products for sale in MARIONA.ES exclusively to end consumers, defined as natural persons or legal entities (companies) when their performance using the Web is for purposes other than those related to their commercial, business or professional activities. If the User is not an end user, we invite her/him to refrain from submitting any order.
2.3. The territorial scope of the Terms is limited to countries and areas specified in the Shopping Guide, paragraph Shipments.
3. Contractual framework
3.1. The contractual framework which defines the rights and obligations of the parties is configured by:
3.1.1. Terms and conditions of use and Shopping
3.1.2. Legal Notice
3.1.4. Cookies Policy
3.2. All these documents are published on the Web and in the Private Area and must be expressly accepted by the User at the time of the creation of her/his User account.
3.3. These documents include at his end the date last modification. Any subsequent amendments to these documents will be reflected by a change that date to always display the latest updated version. If the User continues to use the Web after a change in any of these documents, MARIONA, understood that the user accepts the contractual framework of those new documents that they will replace the previous ones.
3.4. In case of conflict or contradiction between these documents the following order of precedence is established:
1st. Terms and conditions of use and Shopping
2nd. Legal Notice
4th. Cookies Policy
3.5. By accepting the Terms the User warrants that is adult and she/he has the capacity to do so and, therefore, to place orders and buy products.
4. Execution of the Agreement
4.1. The promotion MARIONA does through the Web of the products that it markets shall be considered as an invitation to purchase. In no case, it must be understood as an offer to sell by the User. Consequently, no contract will exist between the User and MARIONA in connection with any product until the order placed by the User is expressly accepted by MARIONA.
4.2. To place an order, the User must select the products, she/he must indicate where he wants to receive them and proceed to the payment of them and of the corresponding expenses. Once MARIONA has received the order , the User will receive an email acknowledging the receipt (the "Order Confirmation"). The reception of this mail by the User does not imply MARIONA has accepted the order, since the order is an offer that the User makes to MARIONA to buy one or more products.
4.3. All orders are subject to the express acceptance of MARIONA. Such acceptance will be communicated to the User via e-mail that will confirm her/his order has been managed and the products will be sent (the "Delivery Confirmation").Only after receipt of the Delivery Confirmation the contract for the purchase of a product between the User and MARIONA (the "Agreement") will be executed.
4.4. Only those products listed in the Delivery Confirmation will be on the scope of the Agreement. MARIONA shall not be required to provide the User any other product that could have been in the order placed by the User but does not appear in the Delivery Confirmation.
4.5. In the event that the User’s offer was not entirely or partially accepted by MARIONA, MARIONA will refund the User the total amount paid or the part of the amount paid related to the products which offer has not been accepted. In both cases, the refund will be made by the same form of payment used by the User.
5. Object of the Agreement: Products
5.1. MARIONA promotes through MARIONA.ES products that the User can find in its stores. All products are 100% authentic.
5.2. MARIONA reserves the right to decide, at all times, about the products advertised through MARIONA.ES. In particular, MARIONA may at any time add or remove products from the Web.
5.3. The essential characteristics of the products are presented in MARIONA.ES within each product factsheet based on the information provided by the manufacturer. Despite the meticulous care taken by MARIONA in faithful reproduction of the products promoted through MARIONA.ES, their pictures and colors could, however, not accurately reflect reality, due to the specific characteristics of the Internet browser and the screen used by the User or the nature of the products themselves, especially when they have been made with natural or craft materials.
5.4. All orders are subject to availability and MARIONA works to ensure that only items that are in stock are shown in MARIONA.ES. However, if after receiving an order MARIONA has difficulties in the provision of products ordered or if they are no longer in stock, MARIONA reserves the right to inform the User about the error and the possibility of replacing them by other products with equal or greater value and quality. If the User does not wish to order such substitute products, MARIONA will refund any amount that the User may have previously paid for them. Such reimbursement shall be made by the same form of payment used by the User.
6.1. The price of the products will be as stipulated in each moment in MARIONA.ES, except in cases of obvious error. Although MARIONA tries to ensure that all prices listed on the website are accurate, errors may exist. If an error is detected in the price of any product that the User has offered during the management of an order, MARIONA shall immediately inform the User giving her/him the option of reconfirming her/his order with the correct price or canceling it. If MARIONA fails to contact the user, MARIONA will cancel the order and refund the User in full the amounts that would have been paid by the same payment method used by the User.
6.2. MARIONA shall not be required to deliver to the User any product at the incorrect lower price (even though he sent the Delivery Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by the User as incorrect price.
6.3. Prices may change at any time, but (other than as set out above) changes will not affect orders in respect of which MARIONA has already sent the Order Confirmation.
6.4. The product prices are in Euros (€) and include the VAT legally in force at the time, but exclude shipping costs that apply and are detailed in the Shopping Guide, paragraph Shipments. These expenses will be added to the price of products.
6.5. However, regarding orders to be sent to the Canary Islands, Ceuta, Melilla or a country that is outside the European Union, the price of the products do not include VAT or shipping costs that are detailed in the Shopping Guide, paragraph Shipments, and will be added to the total amount due. Moreover, in these cases, on arrival of the order the customs of each country and the carrier will charge to the User taxes, customs duty and / or other costs arising from import that may apply in each territory. MARIONA shall not be held liable for any such expenses and taxes are the sole responsibility of the buyer.
6.6. Once the User has selected all the items she/he wishes to purchase, it will be added to the cart and the next step will be placing the order and making payment. To do this, the User must follow the steps of the buying process, filling or checking the information in each step.
6.7. Until payment, the User would be able to modify the details of her/his order. For more information see the Shopping Guide. Furthermore, the User has all orders details placed in section My Account - My Orders.
6.8. The rates of shipping costs may vary depending on promotions MARIONA wants to apply at a given time or changes in rates given by carriers.
7.1. User may use the following payment methods: Bank Transfer, Visa, Visa Electron, Mastercard, American Express and Paypal.
7.2. If the User chooses a bank transfer she/he must include as reference the order number and his/her name. The transfer must be ordered to MARIONA BAULENAS, SL. User must bear all expenses or fees the bank may charge. The amount received by MARIONA BAULENAS, SL shall be full and coincident with the total value of the order and the shipping costs, if any.
7.3. If the User chooses to pay by credit card, bank and credit card details will be transmitted using a secure and encrypted protocol to the payment service providers, without MARIONA being able to access them and therefore without being able to store them.
7.4. By clicking "Virtual POS card secure payment (connection with your Bank)" Users shall confirm that the credit card is theirs.
7.5. Payments by credit cards are subject to validation and authorization checks by the card issuer. If the card issuer fails to authorize payment, the order will be canceled.
7.6. From certain amounts and to ensure the safety of the User, for payment by credit card only transactions CES (Secure Electronic Commerce) will be accepted. After verifying that the card is attached to the CES system, the system will contact the bank that issued it, in order that User authorizes the payment. When the bank has confirmed the authenticity, the charge will be made on the card. Otherwise the order will be canceled.
7.7. The bill included in the shipping package will be also available and will be shown in MARIONA.ES in My account - My Orders.
8. Shipment and delivery of products
8.1. Notwithstanding the provisions of paragraph 5 above regarding Object of Agreement and unless extraordinary circumstances, MARIONA will send the product/s listed in each Delivery Confirmation within estimated and indicated days in the Shopping Guide, paragraph Shipments, and in any case within a maximum period of 30 days from the date of the Order Confirmation
8.2. However, delays may occur for reasons such as the occurrence of unforeseen circumstances, logistical reasons or force majeure. MARIONA will not assume any liability for delays arising from the reasons cited above, nor for those due to the Customs of each country.
8.3. Nevertheless, since MARIONA is aware of the existence of a delay in delivery of products, shall inform the user.
8.4. In the case of late delivery of orders attributable to MARIONA, the User may cancel her/his order in accordance with the procedure described in the "Changes Policy and Returns" section, like it was a defective product, that is, without assuming the costs of shipments and return, if any. They are not considered as delays in delivery when the order has been made available to the User by the carrier within the agreed time and was unable to be delivered for reasons attributable to her/him.
8.5. MARIONA undertakes to deliver the goods in perfect condition in the direction the User has indicated in the order form. In order to optimize deliveries, MARIONA recommends to the User that she/he indicates an address where the order can be delivered during normal working hours, and a telephone number (preferably a mobile number) in order that the carrier can contact her/him to resolve any incident. No deliveries are made on Saturdays and Sundays, or on national, regional or local holidays, or in PO Boxes.
8.6. MARIONA will not be responsible for errors occurred during delivery when the shipping address given by the User in the order form is not right, or has been omitted or changed afterward.
8.7. For the purposes of the Terms it will be understood that the “delivery” has been done or the order has been "delivered" when the User or a third party designated by the User acquires physical possession of the goods. This time coincides with the time when the carrier makes the product available to the User or third party authorized by the User and it is recorded through the carrier control system.
8.8. At the time of delivery, the User must check the good condition of the package in front of the carrier who makes delivery of the ordered product, stating in the delivery order, if applicable, any anomaly that the User could detect in packing (breakage, moisture, open or detached packing tape, etc.) in order that MARIONA can process the appropriate claim to the carrier in the case that, once opened the package, the product has any anomaly. Alternatively, you can opt to refuse the delivery and communicate that circumstance to MARIONA via the contact form on the same day.
8.9. MARIONA will not be responsible for any damage or incidents that the products may present as a result of damages or incidents on the packaging that contained them, when these have not been stated by the User at the time of signing the delivery order to the carrier.
8.10. The risk of loss or damage of the products shall be borne by the User from the time of their delivery to the User.
8.11. MARIONA will send the User an e-mail informing his/her order has left its warehouse. In this e-mail the shipping tracking number and a link to the website carrier company will be provided to the user, in order she/he can track the shippment or, in event of any incident in the delivery occurs, User can contact directly the carrier to resolve it.
8.12. If at the time of delivery User is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery or alternatively, where she/he can go to pick it up.
8.13. After 7 working days from the time where the products departed for being delivery to the User and it would not have been delivered to him/her, the User must contact MARIONA through the contact form stating that fact.
8.14. When the User does not act in this way, after 7 working days from the time where the products departed for being delivered to the User or after 2 failed attempts delivery and if the order has not been delivered for reasons attributable to MARIONA, MARIONA understood that the User wishes to withdraw the Agreement and will consider its termination. As consequence of termination, the package with the order will be returned to stores MARIONA, and the User shall be borne by the shipping and return costs to origin of the goods, as well as any costs associated its management. Consequently, MARIONA will refund to User the sums paid after having deducted of the expenses above mentioned, by the same payment method used to place the order.
8.15. If the delivery hadn’t been able to make due to loss of package, MARIONA will contact the User in order that he/ she decides whether to cancel her/his order and MARIONA refunds the amount paid (price of the product and the costs of shipment), or re-send a new order at no additional cost.
9. Changes Policy and Returns
A. Right of withdrawal:
9.1. The User has the right to withdraw the Agreement which implies rescind it, without giving any reason and without penalty of any kind within the period specified below.
9.2. MARIONA extends the deadline of fourteen (14) days for exercising the right to withdraw legally recognized to consumers to twenty (20) calendar days.This term begins to run from the day the User or his designee, acquires physical possession of the goods ordered, meaning the delivery thereof. In the event that products be referred to the User in various shipments, the period shall run from the delivery of the last product.
9.3. To exercise the right of withdrawal User must confirm its decision to withdraw from the contract and, therefore, their willingness to return the product/s .This statement may be performed through the following channels:
9.3.1. "My Orders" in the Private Area, "My Account". Once there, the User must select the order containing the Articles that wants to return and request a refund, or.
9.3.2. Contacting MARIONA through Customer Service at (+34) 93 204 82 09 Monday to Friday from 10.00 to 13.30 and 16.30 to 20.00 and Saturday from 10.00 to 14 GMT + 1, or
B. Consequences of the right of withdrawal
9.4. During the period mentioned the User may return to MARIONA all or any of the products of an order and MARIONA shall refund the amounts paid without undue delay and in any event no later than 14 calendar days from the date which communicate to MARIONA her/his decision to withdraw the Agreement.
9.5. The refundable amounts will be reimbursed using the same form of payment used by the User at the time of placing the order to which they belong products refunded.
9.6. Notwithstanding the foregoing, MARIONA may withhold reimbursement until it has received the goods back or the User has supplied evidence of repayment thereof, whichever condition is met first.
9.7. The User must return the goods without undue delay and in any case no later than fourteen (14) calendar days from the date which the User communicates to MARIONA her/his decision to withdraw from the Agreement
9.7.1. In either MARIONA stores presenting the invoice sent with the goods, or
9.7.2. Through the carrier that MARIONA indicates him/her or
9.7.3. By hiring a carrier selected by the User
9.8. The deadline is met if you send back the goods through a carrier and you delivered the goods to him before the period had ended, independently the date when MARIONA will receive them.
9.9. Unless the User returns the products on MARIONA shops or it was defective or wrong merchandise, she/he shall bear the direct cost of returning the goods. In the Shopping Guide, paragraph "Returns" the costs of collection of a return are detailed depending on the area / country of collection.
9.10. Only the User shall be responsible for the diminished value of the goods resulting from a use different than necessary to establish the nature, characteristics and functioning of the goods.
C. Management of return
9.11. Upon receipt of the request, MARIONA will send an email to the User confirming its receipt and reminding instructions to follow for the return. Optionally for if the return is made by carriers contracted by MARIONA addition to these instructions the user, too, could receive as attachments to e-mail indicated:
9.11.1. A collection tag which must be printed by the User and visibly stuck on the package that will be collected by the carrier.
9.11.2. A proforma invoice (for customs purposes and if the return is made from the Canary Islands, Ceuta, Melilla or a country outside the EU), to be printed by the User and handed over to the carrier along with the package to return .
9.12. After receiving the e-mail with such instructions, items must be delivered to the carrier within a period of 7 working days from the day following receipt of that e-mail. MARIONA reserves the right to reject returns that are not delivered to the carrier within the deadline or not receive the products within fourteen (14) calendar days from receipt of e-mail confirming your return request, when the User has opted to return the goods in any store of MARIONA, unless the delay in the return is attributable to MARIONA.
9.13. The return of the products that would not be made in-store MARIONA must be performed by the User through our transportation companies. Notwithstanding the foregoing, he/she may choose to arrange a return through means other than our carriers and / or with a different type of procedure. In that case:
9.13.1. The User should send the product / s returned to the following address:
MARIONA BAULENAS, SL
Benet Mateu, 48-50
08034 Barcelona (Spain)
9.13.2. The User shall pay directly the shipment costs of the return to the selected carrier, as well as any other costs, fees or taxes that may be incurred as a result of such carriage and taken through any Customs.
9.13.3. The User agrees and assumes the responsibility for any risk, delay, loss or damage that products returned may suffer until their delivery to MARIONA.
9.14. After receiving the MARIONA products shall examine them and confirm the User the right to refund of amounts paid. It will proceed to refund of amounts paid by the User when the products are returned in the same condition as received. It will not refund any amount when the items returned:
9.14.1. They have been used beyond the mere opening them and in order to verify the characteristics and quality of them.
9.14.2. They are not in good condition and in the same condition in which they were delivered. This implies that the goods have not been used, nor altered nor washed and they have all tags attached as they were in origin and they are in their original packaging.
9.14.3. They are not returned using the same protective cardboard box that has been received to protect the product, or failing that, in a similar protective box so that the product arrives at our warehouse with maximum guarantees possible conservation.
9.14.4. They are not returned in a single package / shipping all products of the same order.
9.15. According to the above, MARIONA will refund to the User the amount paid, after having deducted the costs of transport collection for its return
9.16. The return to the User of the respective amounts, as stated above in this section shall be made within fourteen (14) days. MARIONA will send the User an e-mail informing that payment has been made.
9.17. The User must keep in mind that reimbursements in a credit card always depend on its financial entity.
D. Products excluded from the right of withdrawal
9.18. Given the nature of certain items, the User is not entitled to rescind the contract covering the supply of any of the following products:
9.18.2.Toiletries or lingerie.
9.19. Users may change an article by another within a maximum period of 20 calendar days from the delivery date. For this Users may
9.19.1.Return the product and make a new order, or
9.19.2.Go to any MARIONA stores presenting the bill she/he has received with the shipment.
9.20. It will apply to changes what is set out in the preceding paragraphs for product returns.
F. Refund of defective products
9.21. In cases where the User considers that at the time of delivery the product does not comply with the provisions of the Agreement, he must contact MARIONA immediately through our contact form with details of the product and order and the reason for the disagreement, indicating damage, marks on the fabric, etc. and whether he is interested in replacement the product or refund of amounts paid.
9.22. From receipt of the said form by MARIONA, User may be contacted directly to obtain additional information or we may send him an e-mail giving further instructions on how to proceed.
9.23. The return of the defective product will be handled the same way as refunds upon exercise of the right of withdrawal.
9.24. After receipt of the product, MARIONA will proceed to verify the status of the product. Then MARIONA will communicate by e-mail within a reasonable time if any refund or replacement the product as requested by the User is due. Both the refund, as the replacement the article will be made as soon as possible and, in any event, within fourteen (14) days from the date we send an email confirming that appropriate refund or replacement the nonconforming item.
9.25. Amounts paid for products that are returned because of some fault or defect, where actually founded, will be refunded in full, including delivery costs incurred to deliver the item. The return costs will be borne by MARIONA. The refund of amounts paid shall be made by the same payment method used by the user to process the order.
9.26. In the event you opt for replacement, MARIONA shall assume both the cost of returning the defective product and of shipping the new product.
9.27. However, rights recognized by law remain.
10. Customer Service and Claims
10.1. For any clarification, incidence, comments or suggestions or complaints, the User may contact the MARIONA’s Customer Service either by phone (+34) 93 204 82 09 Monday to Friday from 10.00 to 13 30 and from 16.30 to 20 and Saturday from 10.00 to 14.00 GTM +1 or by email to email@example.com, either through the existing contact form MARIONA.ES.
10.2. In the event that the communication is a complaint after the receipt thereof MARIONA will send via email the ID code of the claim and written proof of it.
10.3. MARIONA must resolve the complaint within one month from the receipt of the referral of the complaint.
11. Liability limitation
11.1. Unless otherwise expressly provided in the Terms or because limiting liability was not admitted by law, MARIONA responsibility for damages to the User in connection with any product purchased in MARIONA.ES will be strictly limited to the price paid for such product.
11.2. To the extent legally permitted, and unless otherwise specified in the Terms, MARIONA will not assume any liability for the following losses, regardless of their origin:
11.2.1. loss of income or sales.
11.2.2. loss of business.
11.2.3. loss of profits or contracts.
11.2.4. loss of anticipated savings.
11.2.5. data loss.
11.2.6. time wasted in management or office hours.
11.3. All product descriptions, information and materials contained in the Website are provided "as it is" without express or implied warranties about them except legally established. Since MARIONA accepts only orders of Users who have the status of consumer and user, MARIONA is obliged to deliver her/him goods which comply with the Agreement, being responsible for any lack of conformity existing at the time of the product delivery. It is understood that products are in conformity with the Agreement provided that
11.3.1. complies with the description provided by MARIONA and possess the qualities described in the Web,
11.3.2. they are suitable for the purposes for which products of the same type are used and
11.3.3. they have the usual quality and features reasonably expected of a product of the same type.
11.4. Items that MARIONA markets, especially handicrafts, can often have the characteristics of natural materials used in their manufacture. These features, such as variation in the grain, texture, knots and in color, will not be considered faults or defects. Rather, it should be taken into account that these features exist and appreciate them. MARIONA selects only top quality products, but natural characteristics are inevitable and should be accepted as part of the individual product appearance.
11.5. To the extent permitted by law, MARIONA excludes all warranties except those which may not lawfully be excluded in front of consumers.
11.6. The provisions of this clause shall not affect your rights as a consumer, nor your right to cancel the Contract.
12. User Obligations
12.1. By accepting these Terms and using the Web as well as processing an order, the User agrees to:
12.1.1. Make use of the Web only to make legitimate inquiries or orders.
12.1.2. Do not make any false or fraudulent order. If we could reasonably consider that there has been a request of this nature MARIONA shall be entitled to cancel the order and inform the relevant authorities.
13. Term of Agreement
13.1. The term of each of the Contracts which are drawn up between the User and MARIONA is established from the date of order acceptance until its delivery to the satisfaction of the user, meaning, when the deadlines set out in product Change Policy and returns section have finished.
13.2. Terms are in force while they are published in the Web, until the time they are modified in whole or in part by MARIONA as a result of changes in legislation, case law or business practice.
14. Resolution or Termination of Agreement
14.1. The Agreement and theTerms will be rescinded:
14.1.1. By the total or partial breach of any of the covenants of the Agreement or the Terms by either Party.
14.1.2. In the case of an Agreement, by compliance by Parties with their obligations.
14.1.3. Due to extinction of the legal personality of MARIONA BAULENAS, SL.
14.1.4 .When the User closes her/his user account.
14.1.5. When MARIONA ceases marketing products through MARIONA.ES.
14.2. In the event that the cause for resolution is the closure of the user account or the extinction of the legal personality of MARIONA or cessation of its activities through the Web, the Parties undertake to manage the order until complete execution.
15. Force Majeure
15.1. Neither party shall be responsible for failure or defective performance or late obligations under these Terms if such failure or defective performance or late stems from events which could not be foreseen, or which provided, are unavoidable, such as cases of force majeure such as natural disasters, war, siege, disturbances of public order, power outage or electronic communications service, or any other exceptional measures taken by the administrative authorities or government.
16.1. Where the applicable legislation requires that some of the information or communications that MARIONA sends to the User should be in writing, using the Web the User agrees that most of these communications with MARIONA were by electronic means, like via email, via notices published in the Web. For contractual purposes, the User consents to this electronic means of communication and acknowledges that any agreement or notices, information and other communications that MARIONA sends to him/her electronically comply with legal requirements as being in written. This condition does not affect his statutory rights.
16.2. Notifications the User shall send to us should be sent preferably through our contact form. According to the first paragraph of this clause and unless otherwise provided, we may give notice to the User either by e-mail or to the address provided by the User when placing an order. It is understood that the notifications have been received and properly served when posted on the Web, 24 hours after sending an email, or three days after the date of posting of any letter.
16.3. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, that the address was right, it was properly sealed and was duly submitted in the post office or, in case of emails, that it was sent to the email address specified by the recipient and has not been returned by the webmaster.
17. Transfer of rights and obligations
17.1. The Agreement and Terms are binding on MARIONA, the User and our respective successors and assignees.
17.2. The User may not transfer, assign, charge or otherwise dispose of a Agreement, or any of the rights or obligations arising from it or the Terms without our prior written consent.
17.3. MARIONA may transfer, assign, charge, sub-contract or otherwise dispose of a Agreement, or any of the rights or obligations arising under it, at any time during the term of the Agreement. To avoid any doubt, said transmissions, assignments, liens or other transfers will not affect the rights, if any, as a consumer, that law could have recognized to the User and should not cancel, reduce or otherwise limit warranties, whether express or implied, that we had been able to bestow.
18.1. Any lack of requirement from MARIONA asking for strict compliance by the User of any of the obligations assumed by the User under an Agreement or these Terms or any lack of exercise by MARIONA of rights or actions that could correspond it under this Agreement or the Terms will not constitute a waiver or limitation in relation to those rights or remedies, nor will relieve the User from compliance with such obligations.
18.2. No waiver by MARIONA of a right or specific activities shall include a waiver of other rights or remedies under the Agreement or the Terms.
18.3. For any waiver by MARIONA of any of these Terms or any right or remedy under the Agreement should take effect; it shall be designated as such waiver and should be formalized and communicated to the User in writing.
19. Partial nullity
19.1. If any of these Terms or any provisions of an Agreement being declared null and void by a final decision of competent authority, the remaining terms and conditions shall remain in effect without being affected by such invalidity.
20. Entire Agreement
20.1. The Terms and any document expressly referred to in them represent the entire agreement between the User and us relating to the subject thereof and supersede any prior agreement, contract, or promise agreed between the User and MARIONA verbally or in writing.
20.2. The User and MARIONA recognize each other that they have consented to the conclusion of the Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or wording in negotiations prior to such Agreement except what is explicitly mentioned in these Conditions.
20.3. Neither the User nor have MARIONA action against any untrue statement made by the other party, orally or in writing, prior to the date of the Agreement (unless such untrue statement had been made fraudulently) and the only action that the other party shall have would be for breach of contract as provided in the Terms.
21. Law and Jurisdiction
21.1. The Terms are governed by Spanish law.
21.2. Users and MARIONA expressly waive its immunity to the extent that the law so allows, subject all interpretations or conflicts that could arise from these Terms to the Courts of Barcelona city.
22.1. The Terms are written in English and Spanish. The Spanish version is authentic.
23. Register of the Terms and Conditions of Use and Shopping’s contents
23.1. MARIONA will keep a record of all versions of the Terms and Conditions of Use and Shopping.
24. Informative note pursuant to ARTICLE 14.1 REGULATION (UE) Nº 524/2013
24.1. According to article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC MARIONA informs to you that the Commission has developped and manage an online dispute resolution platform at which you can accede through this link http://ec.europa.eu/consumers/odr/.
Last amendment: 10th February 2016