CONDITIONS OF USE AND PURCHASE LAMETRALLETA.ES
This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (lametralleta.es) and the purchase of products on it.
conditions governing the use of this website (lametralleta.es) and the purchase of products on it (hereinafter, the "Conditions").
the same (hereinafter, the "Conditions"). Please read these Conditions carefully,
Policies, you should not use this website.
These Terms may change from time to time. It is your responsibility to read them periodically, since the conditions in force at the time of the
conditions in force at the time of placing an order or, failing this, at the time of use of the website will be the
of use of the website will be the ones applicable to you.
If you have any questions regarding the Terms and Conditions or the Data Protection Policy you may
contact us through our contact form.
The contract may be concluded, at your option, in any of the languages in which the Terms are available on this website.
are available on this website.
2. OUR DETAILS
The sale of articles through this web page is carried out by the company LA METRALLETA S.L. with registered office at Address:
Parking Plaza de las Descalzas (shopping gallery door D) 28013 Madrid.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the
established in the Data Protection Policies. By using this website, you consent to the processing of such information and data and you declare that you
and declares that all the information or data you provide us with are true and correspond to the reality of the
truthful and correspond to reality.
4. USE OF OUR WEBSITE
By making use of this website and placing orders through it you agree to:
i. i. Use this website only to make legally valid inquiries or orders. ii.
i. To use this website only to make legally valid enquiries or orders.
ii. Not to place any false or fraudulent order. If it could reasonably be considered that such an order has been
reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant
iii. To provide us with your email address, postal address and/or other contact details truthfully and accurately.
truthfully and accurately. You also agree that we may use this information to contact you if it is necessary for us to
If you do not provide us with all the information we need, we will not be able to fulfill your order.
By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The items offered through this website are available for shipment.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the How to Buy procedure.
After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation").
Order Confirmation"). We will also inform you by email that the product is being shipped (the "Shipping Confirmation").
shipped (the "Shipping Confirmation").
7. PRODUCT AVAILABILITY
All product orders are subject to product availability. In this regard, if there are
difficulties in the supply of products or if there are no items left in stock, we reserve the right to provide you with information about
reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order.
or superior quality and value which you may be able to order. If you do not wish to place an order for such substitute products, we will refund any amount you may have
we will refund any amount you may have paid.
Without prejudice to the provisions of clause 7 above with respect to the availability of the products and
unless extraordinary circumstances occur, we will endeavor to ship the order consisting of the product(s) listed in each Shipping Confirmation before the delivery date shown on the
product(s) listed on each Shipping Confirmation before the delivery date shown on the relevant Shipping Confirmation or, alternatively, before the delivery date shown on the relevant
Confirmation or, if no delivery date is specified, within the estimated delivery time indicated when selecting the shipping method.
the estimated delivery time indicated when selecting the shipping method and, in any case, within 7 days from the date of the Shipping Confirmation.
from the date of the Order Confirmation.
However, delays may occur for reasons such as the occurrence of unforeseen circumstances or the delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the
you of this circumstance and give you the option to either proceed with the purchase by setting a new delivery date or to cancel the order
delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not
Please note, in any case, that we do not deliver to your home on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" shall be deemed to have taken place or the order to have been "delivered" at the time of delivery.
delivered" at the time when you or a third party indicated by you acquires material possession of the products, whichever is
material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
In the event that 5 days after your order is available for delivery, the order has not been delivered for reasons not
not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated.
and we will consider it terminated. As a consequence of the termination of the contract, we will return to you all payments received from you, excluding
payments received from you, excluding shipping costs, and we shall be entitled to charge you for the
we shall be entitled to charge you for the corresponding costs.
10. DELIVERY IN STORE
In the event that you have opted for in-store delivery, your order may be delivered before the deadlines indicated on our website.
In this case, you can pick up your order at the store PLAZA DESCALZAS GALERIA COMERCIAL DEL PARKING LOCAL WITH THE MANIQUI AT THE DOOR.
For this purpose, we will be able to inform you about
and once the order has been prepared, we will contact you to inform you that it is available for delivery.
inform you that it is available for pick up. You will be able to pick up the order in person
(for which you will need to present your order number) or you may designate another person to pick up the order on your behalf.
collect the order on your behalf, in which case they must present the order number.
12. PRICE AND PAYMENT
The price of the products will be the one stipulated at all times on our website.
The prices on the website DO NOT INCLUDE TAXES or shipping costs, which will be added to the total amount due as set out in our website.
total amount due as set out in our How to Buy Guide.
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 is to process your order.
basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the
process, filling in or checking the information requested at each step.
Also, during the purchase process, before making the payment, you will be able to modify the data of your order.
order. A detailed description of the purchase process is available in the How to Buy Guide. In addition, if you
you are a registered user, you have a detail of all orders placed in the section My Account.
You can use Visa, MasterCard (REDSYS), PayPal, bank transfer and cash on delivery (MRW).
To minimize the risk of unauthorized access, we will use external encrypted gateways (PAYPAL & REDSYS).
If your payment method is PayPal or redsys, the charge will be made at the time we confirm the order.
13. PURCHASE AS A GUEST
This website also allows the purchase through the functionality of purchase as a guest. In
this type of purchase, you will only be asked for the essential data to process your order.
order. Once the purchase process is completed, you will be offered the possibility to register as a user or to continue as an unregistered user.
user or continue as a non-registered user.
14. RETURNS POLICY
14.1 Legal 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 14 calendar days
contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, have the right to withdraw from the contract.
carrier, acquired the material possession of the goods or in the event that the goods making up your order are delivered to you.
goods making up your order are delivered separately, 14 calendar days from the day on which you or a third party, other than the carrier, indicated by you, acquired material possession of the goods.
third party, other than the carrier, acquires physical possession of the last of those goods.
To exercise the right of withdrawal, you must notify me:
LA METRALLETA S.L. registered office at Address: Aparcamiento Plaza de las Descalzas (shopping gallery door D) 28013 Madrid,
at telephone number 91 531 82 64, by writing to us at firstname.lastname@example.org or to our contact form.
subject Withdrawal, of your decision to withdraw from the contract through
decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
by post or e-mail). You may use the withdrawal form, but its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the end of the withdrawal period.
The withdrawal period can be met only if the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you, excluding shipping costs, without undue delay.
shipping costs without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your withdrawal.
date on which we are informed of your decision to withdraw from this contract. We shall proceed to
We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction.
initial transaction. You will not incur any costs as a result of the refund. Notwithstanding the foregoing,
we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition
proof of return of the goods, whichever condition is met first.
You must return or deliver the products directly to us at Discos la Metralleta España, or request on our website the return through a courier, post office, without any delay.
courier, post office, without any undue delay and, in any case, in a maximum period of 14 days
days from the date on which you communicate us your decision to withdraw from the contract. It will be
The deadline shall be deemed to have been met if you return the goods before the expiry of this period.
period has expired.
Unless you make the return of the goods in the store (Discos La Metralleta, Plaza de las Descalzas Galeria comercial del parking 28013 Madrid) or through a courier / couriers organized by
courier / mail organized by us, you must bear the direct cost of returning the goods.
of the goods.
You will only be responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature of the goods.
other than that necessary to establish the nature, characteristics and functioning of the goods.
14.2 Common provisions
You shall not have the right to withdraw from the contract for the supply of any of the following products
i. Music CDs/DVDs without their original packaging.
ii. Sealed goods which have been unsealed after delivery.
Your right to withdraw from the contract shall apply only to those products that are returned in the same condition in which you received them.
returned in the same condition in which you received them. No refund will be made if the product has been
product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered.
condition in which they were delivered or have suffered any damage, so you should be careful with the product(s).
care with the product(s) while they are in your possession. Please return the item(s) using or
including all original packaging and any other documents that may accompany the item(s).
Returns can be made at the Discos La Metralleta store, Plaza de las Descalzas Galeria comercial del parking 28013 Madrid or through a courier/courier that we will send to you.
courier that we will send to your address.
- Returns in Discos la Metralleta Spain store.
You can return the products in our store Discos La Metralleta, Plaza de las Descalzas Galeria comercial del parking 28013 Madrid. In this case, you must
go to that store and deliver the item.
- Returns via courier.
You must contact us through our return request form so that we can organize the pickup at your home address.
we can organize the collection at your address. You must deliver the merchandise in the same package
you received it, following the instructions that you will find in the "RETURNS" section of this website.
website. If you have made a purchase as a guest, you may request returns via courier by calling us at
via courier, by calling 91 531 82 64.
Neither of the two options will suppose an additional cost for you.
In case you do not wish to return the products through any of the free options available,
you will be responsible for the return costs. Please note that if you choose to return the items to us
return the items to us freight collect we will be entitled to charge you for any costs we may incur.
After examining the item we will let you know if you are entitled to a refund of any monies paid. The
reimbursement of transportation costs will only be made when the right of withdrawal is exercised within the legal
The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal deadline and all the items that make up the order in question are returned. The
reimbursement will be made as soon as possible and, in any case, within 14 days from the date on which you informed us of your
date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until
we have received the goods back, or until you have provided proof of the return of the goods,
depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase.
you used to pay for the purchase.
You will bear the cost and risk of returning the goods to us, as stated above.
If you have any questions, you can contact us through our contact form.
or by calling us at 91 531 531-3315 or by phone at 91 531 531-3315.
or by calling 91 531 82 64.
14.4 Returns in the Canary Islands, Ceuta and Melilla
If you wish to exchange or return a product that has been delivered in the Canary Islands, Ceuta or Melilla, you should contact us at the following telephone number
on the telephone number 91531 82 64 to arrange with us or one of our representatives to arrange for the
collection of the product by a courier or make the return at your own cost.
14.5 Returns of defective products
In cases where you consider that at the time of delivery the product does not conform to the contract, you must immediately
stipulated in the contract, you must contact us immediately by means of our contact form.
our contact form.
in the subject line Guarantees and returns, providing the details of the product and the damage it suffers, or
calling by telephone to the number 91 531 82 64 where we will tell you how to proceed.
You can return the product in our store Discos La Metralleta, Plaza de las Descalzas Galeria comercial del parking 28013 Madrid,
giving it to a courier that we will send to your address or sending it to you.
We will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time if the
within a reasonable period of time if the refund or replacement of the product (if applicable) is appropriate. The refund or the
The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days of the
following the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
or replacement of the non-conforming item.
The amounts paid for those products that are returned because of a defect or defect,
will be refunded in full, including the delivery costs incurred to deliver the item to you.
incurred to deliver the item to you and the costs incurred by you in returning the item to us.
us. The refund will be made in the same means of payment that was used to pay for the purchase.
15. LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from us shall be limited to the amount of the purchase price.
in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.
purchase price of such product.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
transmission and storage of digital information, we do not guarantee the accuracy and security of the information
information transmitted or obtained through this website unless otherwise expressly stated on this website.
expressly stated otherwise.
All product descriptions, information and materials contained in this web site are provided "as is" and "as is" and "as available.
provided "as is" and without express or implied warranties of any kind, except as provided by law.
legally established. In this sense, if you are contracting as a consumer and user, we are
obliged to deliver items that conform to the contract, responding to you for any lack of conformity that exists in the
any lack of conformity that exists at the time of delivery of the product. It is understood that
the products are in conformity with the contract provided that they
(i) they conform to the description given by us and possess the qualities
(i) conform to the description given by us and possess the qualities we have set out on this website,
(ii) they are fit for the uses for which products of the same type are normally intended, and
(iii) are of a quality and performance that is reasonably to be expected of a product of the same type.
The products we sell, especially handicraft products, may often have the characteristics of the natural materials used in their manufacture.
characteristics of the natural materials used in their manufacture. These characteristics, such
such as variation in grain, texture, knots and color, shall not be considered defects or flaws.
defects or flaws. On the contrary, their presence should be expected and appreciated. Only
only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the
accepted as part of the individual appearance of the product.
16. INDUSTRIAL PROPERTY
AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and other industrial and intellectual property rights on the materials or contents
intellectual property rights in the materials or content provided as part of the website are at all times vested in us or our licensors.
correspond at all times to us or to those who granted us license for its use. You
may use such material only in the manner expressly authorized by us or our licensors.
us or our licensors. This does not prevent you from using this website to the extent necessary to copy the information on this website.
to the extent necessary to copy your order information or Contact details.
17. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or any other program or material into this website.
viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging program or material.
or other technologically harmful or damaging programs or material. You will not attempt to gain unauthorized access to this web site, the server on which this web site is hosted, or the server on which this web site is hosted.
server on which this website is hosted or any server, computer or database related to our website.
database related to our website. You agree not to attack this website through a denial-of-service attack.
a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offenses punishable by the applicable regulations.
applicable regulations. We will report any such violations to the appropriate authorities and will cooperate with them to
authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of
breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other program or
service attack, viruses or any other technologically harmful or disruptive programs or material that may affect your computer, computer equipment, computer hardware or software.
your computer, computer equipment, data or materials as a result of your use of this website or your downloading of content from this website.
website or downloading content from it or to which it redirects.
18. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties,
such links are provided for informational purposes only and we have no control over the content of such websites or materials.
over the content of such websites or materials. Therefore, we do not accept any liability
for any loss or damage arising from your use of them.
19. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send you must be in writing.
in writing. By using this website, you agree that most of such communications with us will be electronic.
with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website.
provide you with information by posting notices on this website. For contractual purposes, you consent
to use this electronic means of communication and acknowledge that all contracts, notices,
information and other communications that we send you electronically comply with the legal requirements of being in writing.
legal requirements to be in writing. This condition shall not affect your statutory rights.
The notifications you send us should preferably be sent through our contact form.
. Pursuant to the provisions of clause 20 above and unless otherwise stipulated, we may send communications to you either by e-mail or by post.
communications may be sent either by e-mail or to the postal address provided by you at the time of placing an order.
placing an order.
It will be understood that the notifications have been received and have been correctly made in the same
moment in which they are posted on our web page, 24 hours after an e-mail has been sent, or three days after the
email, or three days after the postmark date of any letter. In order to prove that the
In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and that the
correct address, that it was properly stamped and that it was duly delivered at the post office or in a mailbox and,
in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
specified by the recipient.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and successors in title.
successors, assigns and assignees.
You may not transfer, assign, encumber or otherwise transfer a contract or any of the rights or obligations arising from it, without
rights or obligations under it, without obtaining our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a contract or any rights or obligations under it at any time during its term.
or any of the rights or obligations under it, at any time during its term.
term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect the rights, if any, that you may have under the contract.
transfers shall not affect the rights, if any, that you, as a consumer, may have under the law, nor shall they
by law, nor shall they void, reduce or otherwise limit any warranties, express or implied, which may have been given to you by the
tacit, that we may have granted you.
22. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations, the cause of which is due to
obligations, the cause of which is due to events beyond our reasonable control ("Force Majeure Cause").
reasonable control ("Force Majeure Event").
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control.
accident beyond our reasonable control and among others, the following:
i. Strikes, lockouts or other industrial action.
ii. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared), or threat or preparation for war.
threat or preparation for war.
iii. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster. iii.
iv. Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private. iv.
public or private means of transportation.
v. Impossibility of using public or private telecommunications systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and we shall have the right to suspend the obligations during the period in which the Force Majeure Event continues.
Force Majeure continues, and we shall have an extension of time to perform such obligations for a period equal to the period of time during which the Force Majeure continues.
a period of time equal to the duration of the Force Majeure Event. We will use all reasonable
reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.
to perform our obligations despite the Force Majeure Event.
Failure by us to require strict performance by you of any of your obligations under the Force Majeure Event will result in a waiver by you.
obligations undertaken by you under a contract or these Conditions or the failure by us to exercise any of our rights or remedies under these Conditions.
exercise by us of any rights or remedies to which we may be entitled under such contract or these Conditions shall not
contract or these Terms shall not waive or limit any such rights or remedies or relieve you of any such rights or remedies.
rights or remedies and shall not relieve you of any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms.
rights or remedies under a contract or the Terms.
No waiver by us of any of these Terms or of any right or remedy arising from a contract shall have any effect.
contract shall be effective unless it is expressly stated to be a waiver and unless it is formalized and communicated to you.
is formalized and communicated to you in writing in accordance with the provisions of the
of Notices above.
24. PARTIAL INVALIDITY
If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a court of competent
by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being
shall remain in force, without being affected by such declaration of nullity.
25. ENTIRE AGREEMENT
The present Conditions and any document to which express reference is made in them constitute the entire agreement between the parties.
constitute the entire agreement between you and us relating to the subject matter hereof
and supersede any prior covenants, agreements or promises made between you and us orally or in writing.
orally or in writing.
You and we acknowledge that we have consented to enter into a contract without having relied on any representation or promise made by the
relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the
written in the negotiations between us prior to the contract, except as expressly mentioned in these Conditions.
expressly referred to in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date hereof.
party, oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently).
fraudulently made) and the other party's only remedy shall be for breach of contract as provided for in this Agreement.
breach of contract in accordance with the provisions of these Conditions.
26. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to revise and modify these Terms at any time.
You will be subject to the policies and Conditions in effect at the time you use this website or place each order, unless we are required to do so by law or governmental
website or place each order, unless we are required by law or governmental agency decision to make retroactive changes to those
retroactively make changes to such policies, Terms or Privacy Statement, in which case any changes will affect the
in which case, any such changes will also affect orders previously placed by you.
27. APPLICABLE LAW AND JURISDICTION
The use of our web page and the contracts of purchase of products through this web page will be governed by Spanish law.
shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or with such contracts
shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
as a consumer, nothing in this clause shall affect your rights under current legislation.
28. COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. We kindly ask you to send us such comments and
suggestions through our contact form.
In addition, we have official complaint forms available for consumers and users. You can
request them by calling 91 531 82 64 or through our contact form.
Model of withdrawal form..