When contracting with INVERSIONES FAMESCAR SL (hereinafter, “ MartaMescar ” or the “ Seller ”) it is essential to read these General Conditions of Contract that apply to the services offered by it.

The buyer (hereinafter, the “ User ” or the “ Buyer ”) can only access the purchase of our products after reading and accepting these Terms and Conditions. By accepting the Terms and Conditions, the User is bound by these clauses, which, together with our Legal Notice , Privacy Policy and Cookies Policy , govern the commercial relationship and access to the website https://martamescar.com/ (hereinafter, the “ Website ”).

These Terms and Conditions constitute the entire agreement between the Buyer and MartaMescar, please read them carefully.

MartaMescar reserves the right to modify or change these Terms and Conditions at any time. In the event of a substantial modification or when required by applicable regulations, Users who have a current relationship will be notified.

I. IDENTIFICATION

Owner: FAMESCAR INVESTMENTS SL

Registered office : Camino del Faro, 12 CP:03540, Alicante

CIF: B54599949

Email : info@martamescar.com

Phone: +34 656 36 44 49

II. PURPOSE OF THE TERMS AND CONDITIONS

These Terms and Conditions are intended to regulate the commercial relationship between the Buyer and MartaMescar . Specifically, these clauses are established as the regulatory bases that will be applicable once the User proceeds to purchase any of the products offered on the Website.

III. ACCESS TO THE SERVICE

The Buyer may proceed to purchase the products offered on the Website through prior registration or by providing their data prior to making the purchase.

III.I. By registering and accessing the Website

In order to register as a User, it is a requirement to be over eighteen (18) years of age and to have provided all the data required and classified as mandatory.

Likewise, the User assumes that the password and the User account are personal and non-transferable.

The User will provide the password in accordance with the rules of strength and complexity established at any given time by MartaMescar . The password created by the User will have an unlimited temporary validity, subject only to the time that the User's account remains active.

Without prejudice to the foregoing, the User may change his/her password at any time, using the tools made available to him/her by MartaMescar through the User area.

The User undertakes to make diligent use of his/her password and to keep it secret, and may not transmit it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered Users, and undertake not to transfer their use to third parties, whether temporarily or permanently, or to allow third parties access to their account. The User shall be responsible for the lawful use of his/her account, and shall be liable for any damages caused by a third party who accesses it using his/her access credentials.

Pursuant to the above, it is the User's obligation to immediately notify MartaMescar of any event that may allow the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. As long as such events are not communicated, MartaMescar shall be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorized third parties.

III.II. At the time of purchase

The Buyer may enter the billing and shipping information once he/she makes the purchase. The information entered by the Buyer must be true, and MartaMescar is not responsible in cases where the Buyer, whether voluntarily or involuntarily, enters information that does not correspond to reality.

III.III. Duration

Access as a registered user of the Platform will begin once the data required for registration has been entered and after acceptance of these Terms and Conditions. Access as a user will remain valid until the User requests deregistration.

IV. PRICES

The sales prices on the product page are shown with VAT. In all cases, prices are expressed in Euros and do not include shipping costs.

The prices shown on the Website correspond to an assigned rate valid for an annual period. Some products may be subject to price variations depending on fluctuations in market costs.

MartaMescar reserves the right to vary the price assigned to each product without prior notice.

Products will be billed, as a general rule, at the price in effect at the time of the order, except for promotions and/or campaigns.

V. DELIVERIES

MartaMescar mainly ships to addresses located in Spain and other Member States of the European Union.

The delivery time of orders varies depending on the location of the Buyer. For this reason, we recommend that you contact us through our contact email so that we can provide you with more information.

Delays in delivery will give rise to cancellation of the order placed and the corresponding immediate refund of the amount paid by the customer.

In no case will delays in delivery give rise to any right to compensation of any kind.

MartaMescar reminds the User of the recipient's legal obligation to verify the merchandise at the time of delivery.

In the event of visible defects, never sign the goods as compliant but make an immediate claim to the carrier by means of a written reservation on the carrier's delivery note.

If the goods have been damaged during transport to the point of being unusable, the recipient is not obliged to accept them.

In the event of visible signs of damage resulting from transport, hidden damage inside the package or preparation errors, the customer must contact MartaMescar within a maximum of 2 working days from delivery and through our form. Claims made after this date will not be valid.

VI. SHIPPING COSTS

The Buyer will be able to find out the shipping costs once the products have been selected prior to formalizing the purchase. The amount of these costs varies depending on the Buyer's location.

If the above limits are exceeded, the customer will be informed of the total cost of the shipment and the delivery time before the shipment is made.

VII. PRODUCT WARRANTY

In the event of a defective product, the Buyer must inform MartaMescar of the lack of conformity within 48 hours of delivery of the order. In addition to this information, MartaMescar will provide the Consumer with information on the existence and conditions of after-sales services and commercial guarantees, if any.

MartaMescar will assess each case carefully in order to determine the causes that have caused the defects in the products purchased by the Buyer in order to provide a response as quickly as possible.

VIII. RETURNS

We do not accept exchanges or returns of our products.

In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately so that we can send the product again (within a maximum of 48 hours from receipt of the order) at info@martamescar.com indicating the product details as well as the damage it has suffered.

MartaMescar reserves the right to ask you to please send photos of the damage suffered in order to confirm the extent of the damage.

IX. PAYMENT

Payment is understood to be in cash and will be made through Paypal or Shopify Payments. Once payment has been validated, MartaMescar will proceed to ship the products purchased by the Buyer.

X. SUSPENSION AND CANCELLATION

Any person who, having been registered as such, ceases to meet all or some of the conditions mentioned above in section III, as well as any person who:

• Generate or facilitate the generation of artificial traffic to the linked websites, including the execution, display or clicking of banners by itself or at your command or incitement;

• Use incentivized traffic, e-mail marketing, keyword marketing or search engine advertising without the prior express authorization of MartaMescar ;

• Modify advertising content without the prior express authorization of MartaMescar ;

• Alter in any way the actual data on the efficiency or effectiveness of the campaigns and/or deliver them altered to MartaMescar ;

• Violate the terms set forth in these Terms and Conditions.

The user may request voluntary withdrawal at any time, losing such status TEN (10) calendar days after said request was actually received by MartaMescar . The User will make the withdrawal request by sending an email to info@martamescar.com

For its part, MartaMescar reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of the services of the Website, with prior notice, to Users who contravene any of the provisions detailed in these Terms and Conditions, without the User being able to demand any compensation for this cause. The suspension will become effective TEN (10) calendar days after MartaMescar has sent the appropriate notification.

XI. INTELLECTUAL AND INDUSTRIAL PROPERTY

The use of the Web page does not grant the user any right over trademarks, trade names, distinctive signs or designs of any kind that appear on the Web page. The articles, news, legislation and other public content whose intellectual property rights do not belong to MartaMescar are published for the sole purpose of informing the users of this page. MartaMescar is the owner of the source code, design, navigation structure, databases and the different software elements of the Web page as well as the industrial and intellectual property rights relating to the content included therein. MartaMescar and the user, expressly waiving any other jurisdiction, submit to the jurisdiction of the courts and tribunals of the domicile of MartaMescar for any controversy that may arise from access to or use of the Web page.

XII. CONFIDENTIALITY AND DATA PROTECTION

Both Users and MartaMescar are obliged to maintain confidentiality regarding all information, whether primary or secondary, exchanged to carry out the service of these Terms and Conditions, both during their validity and once they have ended.

Both Users and MartaMescar declare that they are aware of and comply with the applicable Spanish and European legislation regarding data protection. In the event that compliance with these Terms and Conditions requires the processing of personal data, this will be done in accordance with said regulations.

The individuals acting in this document on behalf of the Users accept that their respective data provided in the development of these Terms and Conditions (including the corresponding form) may be processed by MartaMescar for the purpose of managing this contractual relationship, and may exercise their rights of access to their personal data, its rectification or deletion, or to oppose the processing, as well as, where appropriate, the right to data portability by requesting it in writing at the addresses indicated at the beginning of these Terms and Conditions and, if applicable, to file a claim with the Spanish Data Protection Agency. The period of conservation of said data will be the necessary to maintain the commercial relationship and once this has ended, the time necessary for the pertinent legal actions.

XIII. LIMITATION OF LIABILITY

Since MartaMescar cannot guarantee the validity and veracity of the information provided by its Users, it rejects responsibility for any false information, as well as any liability arising from the distribution and misuse of the same.

XIV. CONTENT

In the event that MartaMescar provides Users with certain documentation containing content, the reliability of the same is not guaranteed, nor can it be considered under any circumstances as legal or other type of advice or counsel.

The language of interpretation of these General Contract Conditions will be Spanish (Spain).

XV. GENERAL

The headings of the different clauses are for information purposes only and will not affect, qualify or expand the interpretation of these Terms and Conditions. Likewise, MartaMescar may modify the conditions stipulated herein, in whole or in part, by publishing any changes in the same way in which they appear or through any type of communication addressed to the Users.

The validity period of these Terms and Conditions therefore coincides with the time of their display, until they are modified in whole or in part, at which time the modified Terms and Conditions will become effective.

MartaMescar may terminate, suspend or interrupt access to the contents of the Website at any time and without prior notice, without the user being able to demand any compensation. After such termination, the specifications for use of the contents set out above in these Terms and Conditions will remain in force.

In the event that any provision of these Terms and Conditions is declared void or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity shall not affect the remaining provisions.

The non-exercise or execution by MartaMescar of any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by her.

These Terms and Conditions will be kept in electronic format by MartaMescar and will remain permanently available to the User.

XVI. JURISDICTION AND APPLICABLE LAW

Any disputes arising from the interpretation or application of these will be settled in accordance with Spanish law and before the Courts and Tribunals of Alicante (Spain).

XVII. CLAIMS HANDLING SYSTEM

To file complaints regarding the use of our services, you can send an email to the following address: info@martamescar.com committing ourselves to always seek an amicable solution to the conflict.