Terms and Conditions

The ownership of this website Mëstiza Store, (hereinafter Website) is held by: Creative Weapon SL, and whose contact details are:

Address: Ciudad de Santander 4, Duplicado. 11007 Cádiz

Contact email: ventas@mestiza.es

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (Mëstiza Store) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that https://mestiza.es/ develops through the Website includes: Dj Mestiza Merchandising

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection of https://mestiza.es/. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:

• Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

• Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.

• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with https://mestiza.es/ the purchase contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of Mëstiza Store, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Buy”

Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that https://mestiza.es/ has received their order or request to purchase and/or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

4. AVAILABILITY

All purchase orders received by https://mestiza.es/ through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, https://mestiza.es/ undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.

The prices can change at any time, but the possible changes will not affect the orders or purchases with respect to those that the User already has.

The accepted means of payment will be: Credit or debit card

https://mestiza.es/ uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, https://mestiza.es/ will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once https://mestiza.es/ receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.

In any case, by clicking the buy button the User confirms that the payment method used is his.

6. DELIVERY

From the moment the order is placed, our warehouse takes between 48/72 hours to process it (weekends and holidays are excluded), and the parcel company takes 24/48 hours to deliver it** (term only for the Peninsula).

International shipments are to:

Germany, France, Italy, South America, the United States and Canada

This period will not be met in the following cases:

• Incomplete/wrong shipping address**
• Incomplete/false phone number.**

**In these cases, an attempt will be made to contact the client via e-mail/phone to complete the data.

**This term will be subject to changes or modifications for reasons external to the company.
**Presale: Ten days after the purchase your orders will be processed with a period of 24/48 hours of shipping.

IMPORTANT: No shipments are made to the Canary Islands and no shipments are made outside the Peninsula.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting https://mestiza.es/ at through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on “Buy”, has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

Case 1. Size Change

In the event that the customer wants a different size from the one delivered, they can write an email to ventas@mestiza.es notifying such matter and including the order number of the website, the garment model they selected and the size they you want to receive. Our warehouse will notify you if the new size is available and the customer will be able to manage the return by collecting the product. It is of the utmost importance that the customer notify their desire to return before processing the return with the parcel company. Management costs (shipping and collection) will be borne by the customer. If the client does not agree with these terms, they can send us the garment at their own expense, the latter paying the costs that are generated and the client being the only person responsible for correctly receiving the garment in our warehouses. We will review the garments received before sending the new sizes, in the event that the product is defective or with clear signs of use, we will not send the new size.

Case 2. Change of Size/Model by mistake on the web page or defective product

The process will be the same as the previous one, but the client will not have to pay any additional amount.

Case 3. Return by withdrawal

The buyer will have the right to withdraw from the purchase of any product purchased in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other laws. complementary. The website informs the buyer of the following aspects:

1º- The consumer may withdraw from the acquisition of any product based on article 68 of the aforementioned Law and that is literally exposed for the knowledge of the buyer:

“Article 68. Content and regime of the right of withdrawal.

1.-The right to withdraw from a contract is the right of the consumer and user to cancel the contract entered into, thus notifying the other contracting party within the period established for the exercise of that right, without the need to justify their decision and without penalty of any kind.

The clauses that impose a penalty on the consumer and user for exercising their right of withdrawal will be null and void.

2.-The consumer will have the right to withdraw from the contract in the cases provided for by law or regulation and when so recognized in the offer, promotion, advertising or in the contract itself.

3.-The right of withdrawal legally attributed to the consumer and user will be governed in the first place by the legal provisions that establish it in each case and, failing that, by the provisions of this Title.”

2º- The formality of the withdrawal will be that imposed by law. The website makes the email ventas@mestiza.es available to the buyer to communicate the decision to withdraw from the purchase of any product.

3º- Regarding the deadlines to exercise this right, the website informs the buyer that he will comply with the legal requirements according to article 71 of the aforementioned law.

4º- The procedure to return the product will be the same as the two previous cases. At the time we receive the item we will proceed to reimburse the customer, subtracting from the total amount to be reimbursed the amounts for the shipping costs incurred (€10.00).

Returns

If the client completes an order, we understand that he has read and accepts the conditions described above.

9. EXEMPTION OF LIABILITY

Unless otherwise provided by law, https://mestiza.es/ will not accept any responsibility for the following losses, regardless of their origin:

• any losses that were not attributable to any breach by you;

• business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, https://mestiza.es/ also limits its responsibility in terms of the following cases:

• https://mestiza.es/ applies all the measures related to providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
• https://mestiza.es/ will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
• Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. https://mestiza.es/ puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from responsibility for causes that are not attributable to it, if fortuitous or force majeure.
• https://mestiza.es/ will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, https://mestiza.es/ will not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
• In general, https://mestiza.es/ will not be responsible for any breach or delay in compliance with any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to due to force majeure, and this may include, by way of example but not exhaustive:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https://mestiza.es/ will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. Force Majeure. https://mestiza.es/ will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most of the communications with https://mestiza.es/ are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that https://mestiza.es/ send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with https://mestiza.es/ through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, https://mestiza.es/ may contact and/or notify the User via email or at the postal address provided.

11. WAIVER

No waiver by https://mestiza.es/ to a specific legal right or action or the lack of requirement by https://mestiza.es/ of strict compliance by the User with any of its obligations will suppose, nor a waiver of others rights or actions derived from a contract or from the Conditions, nor will it exonerate the User from the fulfillment of their obligations.

No waiver by https://mestiza.es/ to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User by written.

12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and https://mestiza.es/ in relation to the object of sale and replace any other agreement, agreement or previously agreed promise. verbally or in writing by the same parties.

The User and https://mestiza.es/ acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or data of a personal nature that the User provides to https://mestiza.es/ in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or data protection Policy (contained , where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://mestiza.es/ and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims or any other comment they wish to make to https://mestiza.es/ through the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between https://mestiza.es/ and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013. of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.