Legal notice and conditions of use

This document (together with all documents referred to in it) sets out the conditions governing the use of this website (www.menaki.es) and the purchase of products on it (hereinafter, the "Conditions"). Please read these Conditions, our Cookies Policy and our Privacy Policy (collectively, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Data Protection Policies. If you do not agree with all the Conditions and the Data Protection Policies, you must not use this website. If you have any questions regarding the Conditions or the Data Protection Policies, you may contact us via our contact form. The contract may be formalised, at your choice, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS
   The sale of items through this website is carried out under the name Menaki Student, S.L, with Tax ID B56793821, a Spanish company with registered address at Calle Pilar 7, 41018, Seville, Spain.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
   The information or personal data you provide us with about yourself will be processed in accordance with the provisions set out in the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all information or data you provide us with is true and accurate.
4. USE OF OUR WEBSITE
   By using this website and placing orders through it, you agree to:
5. 1. Use this website only for legally valid enquiries or orders.
   2. Not place any false or fraudulent orders. If we could reasonably consider that such an order has been made, we shall be entitled to cancel it and inform the relevant authorities.
   3. Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent to our using this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order.
6. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
7. SERVICE AVAILABILITY
   The items offered through this website are only available for delivery by courier and pallet to Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. Likewise, all residences located in EU Member States that have a collaboration agreement with Menaki will be able to receive pallet deliveries.
8. HOW TO PLACE AN ORDER
   We offer several purchasing methods:
9. If you are staying at one of our partner residences: To place an order, you must follow the online purchase procedure and click "Pay". You will then receive an email with the details you provided and a summary of your order. You can then collect the order at the residence by giving your first and last name to the reception staff. Please note that at the end of the purchase process you will be informed which products are available for immediate collection at reception and which are subject to shipment from our warehouse. If the end of the purchase process indicates "collect at the residence", please proceed as explained above. If instead it says "delivery to the residence", you will need to wait 3–4 working days to receive them.
10. If you wish to receive the order at a residence with which we have no collaboration, or at any other address: To place an order, follow the online purchase procedure and click "Pay". You will then receive an email with the details you provided and a summary of the order.
11. Finally, for orders placed through our intranet: follow the purchase procedure and fill in the form. You will then receive an email with the order summary. Once the transfer to the indicated account has been made, the Menaki team will validate the order. Once validated, you will receive an email with the purchase invoice.
12. TECHNICAL MEANS FOR CORRECTING ERRORS
    Should you detect that an error has been made when entering your personal data, you may correct it by contacting our customer service at info@menaki.es, as well as exercising your right of rectification as set out in our Privacy Policy via info@menaki.es.
    This website displays confirmation windows in various sections of the purchase process that do not allow the order to proceed if the data in those sections has not been provided correctly. This website also provides details of all items you have added to your basket during the purchase process, so that before making payment you can modify your order details.
    If you detect an error in your order after the payment process has been completed, you must immediately contact our customer service at the email address mentioned above in order to correct the error.
13. PRODUCT AVAILABILITY
    All orders are subject to product availability. Should there be difficulties regarding the supply of products or if items are out of stock, we will send you the most similar product available or refund any amount you may have paid.
14. DELIVERY
    As mentioned in point 6, depending on the purchasing method used, we offer the following delivery systems:
15. If you are staying at one of our partner residences: After payment, you will receive a confirmation email explaining which products you can collect at reception and which you will receive within 3–4 working days. If the product is available at our partner residences, please provide your first and last name so that reception staff can hand it over to you.
16. If you wish to receive the order at a residence with which we have no collaboration, or at any other address: The order will be delivered within the timeframe indicated on the website (3–4 working days). If for any reason we are unable to meet the delivery date, we will inform you and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund. Please note that we do not make home deliveries on Saturdays or Sundays.
17. If the order is placed through our intranet: We will send the order by courier or pallet depending on the quantity selected. The timeframe will be 3–4 working days from the time payment has been made.
    For the purposes of these Conditions, "delivery" shall be understood to have occurred when you or a third party indicated by you takes physical possession of the products, which will be evidenced by signing for receipt of the order at the agreed delivery address or by delivery by reception staff in the case of one of our partner residences.
18. INABILITY TO DELIVER
    If we are unable to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for it to be resent. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
    If 30 days after your order is available for delivery it has not been delivered due to reasons not attributable to us, we will consider that you wish to withdraw from the contract and will treat it as terminated. As a consequence of the termination, we will refund all payments received from you, including delivery charges to the initial shipping address (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery we offer), without undue delay and, in any case, within a maximum of 14 days from the date we consider the contract terminated. Please note that transport arising from the termination may have an additional cost, so we will be entitled to charge you the corresponding costs.
19. TRANSFER OF RISK AND TITLE
    The risks associated with the products will be borne by you from the moment of their delivery. You will acquire ownership of the products when we receive full payment of all amounts owed in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this takes place at a later time.
20. PRICE AND PAYMENT
    The prices on the website include VAT (where applicable), as well as shipping costs.
    Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make payment. To do so, you must follow the steps of the purchase process, completing or checking the information requested at each step. During the purchase process, before making payment, you may also modify your order details. A detailed description of the purchase process is available in the FAQ section.
    You may use debit and credit cards as well as the Bizum payment method.
    To minimise the risk of unauthorised access, all payment data will be processed by the financial institution CaixaBank, thus avoiding the storage of the customer's banking data by Menaki. By clicking "Pay" you are confirming that the credit card is yours or that you are the rightful holder of the gift card or voucher card.
    Credit cards will be subject to checks and authorisations by the card-issuing entity, but if said entity does not authorise the payment, we shall not be responsible for any delay or failure to deliver and will be unable to formalise any contract with you.
21. VALUE ADDED TAX AND INVOICING
    In accordance with Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of items shall be deemed located in the territory subject to Spanish VAT if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item concerned.
    You expressly authorise us to issue the invoice in electronic format. However, you may at any time indicate your wish to receive an invoice in paper format, in which case we will issue and send the invoice in that format.
22. RETURNS POLICY
    14.1 Statutory right to withdraw from the purchase
    Right of withdrawal
    If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
    The withdrawal period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or, in case the goods that make up your order are delivered separately, after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of those goods. To exercise the right of withdrawal, you must notify MENAKI, by writing to the email address devoluciones@menaki.es or through our contact form, of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by email). You may use the model withdrawal form set out in the Annex to these Terms, but its use is not obligatory. To meet the withdrawal deadline, it is sufficient for your
    communication concerning your exercise of this right to be sent before the withdrawal period has expired.
    Effects of withdrawal
    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original shipping address (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, explicitly detailing the means of payment through which you wish us to make the refund. You will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
    You shall send back the goods to MENAKI at the address Calle Merca-Renta Dos, 13, 15, 17, 41500 Alcalá de Guadaíra, Seville, Spain, without undue delay and in any event not later than 14 calendar days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days has expired.
    You will have to bear the direct cost of returning the goods. Please remember that you must deliver, together with the products, a document indicating the order number and the date of purchase.
    You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
    5.1 Contractual right of withdrawal
    In addition to the statutory right of withdrawal granted to consumers and users and mentioned in clause 14.1 above, we grant you a period of 30 days from the date of the Dispatch Confirmation to return the products (except those mentioned in clause 14.3 below, for which the right of withdrawal is excluded).
    If you return the products within the contractual withdrawal period, but once the statutory period has expired, you will only be reimbursed for the price paid for such products. Furthermore, if the order had a volume discount, the discount applied will be lost if, had you only purchased the remaining products, such discount would not have been granted. You will bear the direct costs of returning the product. Please remember that you must deliver, together with the products, a printed copy of the electronic receipt that you will have received attached to the Dispatch Confirmation.
    You may exercise your right of withdrawal in accordance with the provisions of clause 14.1 above, although if you inform us of your intention to withdraw from the contract after the statutory withdrawal period has expired, you must in any case hand the goods over to us within 30 days from the date of the Dispatch Confirmation.
    5.1 Common provisions
    You shall not have the right to withdraw from the contract when it is for the delivery of any of the following products:
23. 23. Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
    Your right to withdraw from the contract shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used beyond merely opening it, for products that are not in the same condition as when they were delivered or that have sustained any damage, so take care of the product(s) while in your possession. Please return the item using or including all its original packaging, instructions and other documents, if any, accompanying it.
    You may return the items by contacting us through our contact form or by returning the product directly to the aforementioned address, in which case you must deliver the printed electronic receipt that you received attached to the Dispatch Confirmation along with the item. We kindly ask you to return the product to us as soon as possible. You will be responsible for the cost of returning the products to us.
    Please note that if you decide to return the items to us freight collect, we will be authorised to charge you for any costs we may incur.
    After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The delivery costs will only be reimbursed when the right of withdrawal is exercised within the statutory period and all the articles that make up the relevant order are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the above, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase. You shall assume the cost and risk of returning the products to us, as indicated above. If you have any doubts, you can contact us through our contact form or via the aforementioned email address.
    5.1 Returns of defective products
    In cases where you consider that the product does not conform with the contract at the time of delivery, you should promptly contact us via our contact form providing details of the product and the damage sustained, or by writing to the email devoluciones@menaki.es where we will indicate how to proceed.
    You may return the product by sending it to the address given above. We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be refunded or replaced (as appropriate).
    The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming article is going ahead.
    The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay for the purchase. All rights recognised in current legislation shall be, in any case, safeguarded.
24. WARRANTIES
    If you are contracting as a consumer and user, we offer guarantees on the products that we sell through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
    It is understood that the products are in conformity with the contract provided that they (1) conform to the description given by us and possess the qualities that we have presented on this website, (2) are fit for the purposes for which products of the same type are normally used and (3) show the quality and performance which are normal in a product of the same type and which can reasonably be expected.
    In this sense, if any of the products were not in conformity with the contract, you must bring this to our attention by following the procedure detailed in section 14.4 above and through any of the communication means provided for this purpose.
    The products we sell may often feature the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colour, shall not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
25. LIABILITY AND WAIVING LIABILITY
    Unless expressly indicated otherwise in these Terms, our liability regarding any product acquired on our website shall be strictly limited to the purchase price of said product.
    Notwithstanding the above, and subject to legislation to the contrary, we shall not accept any liability for the following losses, regardless of their origin:
26. loss of income or sales;
27. loss of business;
28. loss of profits or contracts;
29. loss of anticipated savings;
30. loss of data; and
31. loss of management or office time.
    Debido a la naturaleza abierta de esta página web y a la posibilidad de que se produzcan errores en el almacenaje y transmisión de información digital, no garantizamos la precisión y seguridad de la información transmitida u obtenida por medio de esta página web a no ser que se establezca expresamente lo contrario en la misma.
32. INTELLECTUAL AND INDUSTRIAL PROPERTY
    You acknowledge and consent that all copyright, registered trademarks and other intellectual and industrial property rights over the materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licensers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
33. VIRUSES, HACKING AND OTHER CYBERATTACKS
    You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging material or programme. You must not attempt to gain unauthorised access to this website, to the server on which this website is hosted or to any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
    Failure to comply with this clause could result in the commission of offences under applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
    We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging programme or material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.
34. LINKS FROM OUR WEBSITE
    Where our website contains links to other websites and materials of third parties, these links are provided for information purposes only, and we have no control over the content of those websites or materials. We therefore accept no liability for any damage or loss arising from their use.
35. WRITTEN COMMUNICATIONS
    Applicable regulations require that some of the information or communications we send you must be in writing. By using this website, you accept that most such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notices, information and other communications we send you electronically comply with the legal requirements of being in writing. This condition does not affect your rights recognised by law.
36. NOTIFICATIONS
    Notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send you communications either to the email address or to the postal address provided by you when placing an order.
    Notifications will be deemed to have been received and correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and was duly delivered to the post office or a letterbox, and in the case of an email, that it was sent to the email address specified by the recipient.
37. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
    The contract is binding on both you and us, as well as our respective successors, assignees and successors in title.
    You may not transmit, assign, charge or otherwise transfer a contract or any of the rights or obligations arising from it, without having obtained our prior written consent.
    We may transmit, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations arising from it, at any time during its term. For the avoidance of doubt, such transmissions, assignments, charges or other transfers will not affect the rights that you, as a consumer, have recognised by law, nor will they cancel, reduce or otherwise limit the guarantees, both express and implied, that we may have granted you.
38. EVENTS BEYOND OUR CONTROL
    We will not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events that are beyond our reasonable control ("Force Majeure Event").
    Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and shall include, among others, the following:
39. Strikes, lockouts or other industrial action.
40. Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
41. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
42. Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
43. Impossibility of using public or private telecommunications systems.
44. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
    It shall be understood that our obligations will be suspended for the period during which the Force Majeure Event continues, and we will have an extension of time to fulfil those obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure Event.
45. WAIVER
    Our failure to require you to strictly comply with any of the obligations assumed by you under a contract or these Conditions, or our failure to exercise the rights or actions that may correspond to us under such contract or the Conditions, shall not constitute a waiver or limitation of those rights or actions, nor shall it release you from complying with such obligations.
    No waiver by us of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the provisions of the Notifications section above.
46. SEVERABILITY
    If any of these Conditions or any provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
47. ENTIRE AGREEMENT
    These Conditions and any document expressly referred to herein constitute the entire agreement between you and us in relation to their subject matter and supersede any other prior pact, agreement or promise made between you and us verbally or in writing. You and we acknowledge that we have consented to entering into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted between us prior to it, except for what is expressly mentioned in these Conditions.
    Neither you nor we shall have any action against any untrue statement made by the other party, verbally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently), and the only action available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
48. OUR RIGHT TO MODIFY THESE CONDITIONS
    We reserve the right to modify the Terms and Conditions. Any changes introduced will not be retroactive.
    If you do not agree with the changes introduced, we recommend that you do not use our website.
49. APPLICABLE LEGISLATION AND JURISDICTION
    The use of our website and contracts for the purchase of products through said website shall be governed by Spanish legislation.
    Any dispute arising from or relating to the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
    If you are contracting as a consumer, nothing in this clause shall affect the rights that current legislation recognises you as such.
50. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
    Your comments and suggestions are welcome. We kindly ask you to send us such comments and suggestions, as well as any queries, complaints or claims through our contact form, or to the postal or email address indicated in clause 2 of these Conditions.
    In addition, we have official complaint forms available to consumers and users. You may request them through our contact form.
    Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. They will also be registered with an identifying key that we will communicate to you and which will allow you to track them. If you as a consumer consider that your rights have been violated, you may address your complaints to us via the email address info@menaki.es in order to request an out-of-court dispute resolution.
    In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an out-of-court resolution of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/
    ANNEX: MODEL WITHDRAWAL FORM
    You should only complete and send this form if you wish to withdraw from the contract.
    To the attention of MENAKI, devoluciones@menaki.es. I hereby give notice that I withdraw from my contract of sale of the following goods:
    Ordered on/received on (*):
    Name of consumer:
    Address of consumer:
    Signature of consumer (only if this form is submitted on paper):
    Date: