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General terms and conditions of sale

www.terraebymr.com

I. General information

The ownership of this website, www.terraebymr.com, (hereinafter, Website) is held by: MEDITERRANEAN REDESIGN, S.L. with NIF: B67585281 and registered in: Registro Mercantil de Barcelona with the following registry details: Tomo 47226, Folio 54, Hoja B545201, and whose contact details are:

This document (as well as any other document mentioned herein) regulates the conditions governing the use of this Website(www.terraebymr.com) 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 TERRAE carries out through the Website includes:

  • Marketing and distribution of TERRAE brand sunglasses and optical accessories.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and TERRAE's privacy and data protection policy. 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 all of the above, so if you do not agree with all of the above, you should not use this Website.
It is also reported that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

II. The user

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. TERRAE does not ensure that the Website complies with the laws of other countries, either totally or partially. TERRAE declines all responsibility that could be derived from such access, as well as it does not assure shipments or provision of services outside Spain.
The User will be able to formalize, at his choice, with TERRAE the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.

III. Purchase or acquisition process

Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.terraebymr.com, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, execute the purchase process by means of payment.
Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming that TERRAE has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, the User will also be informed by e-mail when the purchase is being sent.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User can, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to TERRAE using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain special conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, TERRAE is not the manufacturer of the products sold or that could be marketed on the Website. Although TERRAE makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerised records of TERRAE in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this respect are applicable, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

IV. Availability

All purchase orders received by TERRAE 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 in the supply of products or if there are no products in stock, TERRAE undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

V. Prices and payments

The prices displayed on the Website are final, in Euros (€) and include taxes, unless, by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal and bank transfer.
TERRAE uses all means to ensure the confidentiality and security of 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 authorisations by the bank issuing them, if this entity does not authorise the payment, TERRAE will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User. The charge will be made at the moment in which this operation is authorized and TERRAE sends a confirmation of the order of purchase or acquisition of products and/or services to the User.
If the means of payment is Paypal the charge will be made at the moment in which TERRAE sends a confirmation of the order of purchase or acquisition of products and/or services to the User.
The orders of purchase or acquisition in which the User selects as means of payment the bank transfer, will be reserved during 5 calendar days from the confirmation of the order to be able to leave enough time for the bank transfer to be taken into account by the payment system used by TERRAE for the Web Site. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, TERRAE will not be able to validate the order, which will be cancelled.
In any case, by clicking on "Confirm order" the User confirms that the payment method used is theirs.

VI. Delivery

En los casos en los que proceda realizar la entrega física del bien contratado, las entregas se efectuarán en el ámbito del territorio indicado en “envíos y devoluciones”.
Exceptuando aquellos casos en los que existan circunstancias imprevistas o extraordinarias o, en su caso, derivadas de la personalización de los productos, el pedido de compra consistente en los productos relacionados en cada confirmación de compra será entregado en el plazo señalado en el Sitio Web según el método de envío seleccionado por el Usuario y, en todo caso, en el plazo máximo de 30 días naturales a contar desde la fecha de la confirmación del pedido.
Si por algún motivo, que le fuera imputable, TERRAE no pudiera cumplir con la fecha de entrega, contactará al Usuario para informarle de esta circunstancia y, éste podrá elegir seguir adelante con la compra estableciendo una nueva fecha de entrega o bien anular el pedido con el reembolso total del precio pagado. En cualquier caso, las entregas a domicilio se realizan en días laborables.
Si resultara imposible efectuar la entrega del pedido por ausencia del Usuario, el pedido podría ser devuelto al almacén. No obstante, el transportista dejaría un aviso explicando dónde se encuentra el pedido y cómo hacer para que sea entregado de nuevo.
Si el Usuario no va a estar en el lugar de entrega en la franja horaria convenida, debe ponerse en contacto con la agencia de transporte indicada en la confirmación de pedido para convenir la entrega otro día.
En caso de que transcurran 30 días desde que su pedido esté disponible para su entrega, y no haya sido entregado por causa no imputable a TERRAE, TERRAE entenderá que el Usuario desea desistir del contrato y éste se considerará resuelto. Como consecuencia de la resolución del contrato, todos los pagos recibidos del Usuario le serán devueltos, a excepción de los gastos adicionales resultantes de la elección propia del Usuario de una modalidad de entrega diferente a la modalidad menos costosa de entrega ordinaria que ofrece el Sitio Web, sin ninguna demora indebida y, en cualquier caso, en el plazo máximo de 14 días naturales desde la fecha en que se considera resuelto el contrato.
No obstante, el Usuario debe tener presente que el transporte derivado de la resolución puede tener un coste adicional que le podrá ser repercutido.
A efectos de las presentes Condiciones, se entenderá que se ha producido la entrega o que el pedido ha sido entregado en el momento en el que el Usuario o un tercero indicado por el Usuario adquiera la posesión material de los productos, lo que se acreditará mediante la firma de la recepción del pedido en la dirección de entrega convenida.
Los riesgos que de los productos se pudieran derivar serán a cargo del Usuario a partir del momento de su entrega. El Usuario adquiere la propiedad de los productos cuando TERRAE recibe el pago completo de todas las cantidades debidas en relación a la compra o adquisición efectuada, incluidos los gastos de envío, o bien en el momento de la entrega, si ésta tiene lugar en un momento posterior a la recepción completa del importe objeto de pago por TERRAE.
De conformidad con lo dispuesto en la Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido (IVA), los pedidos de compra para su entrega y/o prestación se entenderán localizados en el territorio de aplicación del IVA español si la dirección de entrega está en territorio español salvo Canarias, Ceuta y Melilla. El tipo de IVA aplicable será el legalmente vigente en cada momento en función del artículo concreto de que se trate.
En este mismo sentido, y de conformidad con el Capítulo I del título V de la Directiva 2006/112 del Consejo del 28 de noviembre de 2006 relativa al sistema común del IVA, los pedidos de compra se localizarán, para su entrega y/o prestación, en aquel Estado miembro de la Unión Europea en que la dirección que figura en el pedido de compra se localiza y, por tanto, el IVA aplicable será el vigente en dicho Estado miembro.
En los pedidos con destino a Canarias, Ceuta y Melilla, las entregas se encontrarán exentas de IVA por aplicación de lo dispuesto en Ley 37/1992, y a la Directiva 2006/112, sin perjuicio de la aplicación de los impuestos y aranceles correspondientes conforme a la normativa vigente en cada uno de estos territorios. El Usuario debe tener en cuenta que en estos territorios podrían darse situaciones en que se aplican y devengan impuestos y derechos de aduanas en destino, de conformidad con la normativa vigente, y que estos podrían correr de su parte.
Para el resto de localizaciones, distintas a las anteriores, donde los pedidos de compra se localizaran, para su entrega y/o prestación se aplicará la normativa vigente en cada momento; el Usuario debe tener en cuenta que esto podría generar la aplicación y devengo de impuestos y derechos de aduanas en destino, de conformidad con la normativa vigente en destino, y que estos podrían correr de su parte. Para ampliar información, el Usuario debe dirigirse a la oficina de aduanas en destino.

VII. Technical means to correct errors

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting TERRAE through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on "Process order", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

VIII. Returns

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.
This withdrawal period will expire after 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the TERRAE Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify his decision to TERRAE. This can be done, where appropriate, through the contact spaces provided on the Website or by post to:

  • Logistics Warehouse - MEDITERRANEAN REDESIGN,S.L.
  • Migjorn, 46A - 08329 Teià (Barcelona)

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that TERRAE makes available as an annexed part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the expiration of the corresponding period.
In case of withdrawal, TERRAE will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and in any case no later than 14 calendar days from the date on which TERRAE is informed of the decision to withdraw by the User.
TERRAE will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, TERRAE could withhold said reimbursement until it has received the products or articles of the purchase and checked their condition.
The User can return or send the products to TERRAE at:

  • Logistics Warehouse - MEDITERRANEAN REDESIGN,S.L.
  • Migjorn, 46A - 08329 Teià (Barcelona)

And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which TERRAE was informed of the withdrawal decision.
The User acknowledges knowing that he/she must bear the direct cost of returning (transport, delivery) of the goods, if any are incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; products without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that the right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by TERRAE, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
The Model withdrawal form can be downloaded from the following link:

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact TERRAE immediately and let it know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, where appropriate, the replacement of the same is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, TERRAE, therefore, responding for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by TERRAE and possess the qualities presented in the same; they are suitable for the uses to which the products of the same type are normally destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

IX. Exemption from liability

Unless otherwise provided by law, TERRAE accepts no liability for the following losses, irrespective of their origin:

  • any losses which were not attributable to any breach by it;
  • business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
  • or any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

TERRAE also limits its liability in the following cases:

  • TERRAE applies all measures concerning to provide a faithful visualization 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 being used or others of this nature.
  • TERRAE will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, TERRAE is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, loss or theft of the product.
  • Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. TERRAE puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however, is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
  • TERRAE will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, TERRAE will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • In general, TERRAE shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and TERRAE will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. TERRAE shall use all reasonable means to find a solution that allows it to fulfil its obligations despite the force majeure.

X. Written communications and notifications

By using this Website, the User accepts that most of the communications with TERRAE will be electronic (e-mail or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that TERRAE sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law to the User.
The User can send notifications and/or communicate with TERRAE through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, TERRAE can contact and/or notify the User by e-mail or at the postal address provided.

XI. Waiver

No waiver by TERRAE of a specific legal right or action or the lack of requirement by TERRAE of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor exonerate the User from compliance with its obligations.
No waiver by TERRAE of any of these Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly established that it is a waiver and it is formalised and communicated to the User in writing.

XII. Invalidity

Should any of these Conditions be declared null and void by a final decision of a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

XIII. Entire agreement

The present Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and TERRAE in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and TERRAE acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

XIV. Data protection

The information or personal data that the User provides to TERRAE in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection. By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.

XV. 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 law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between TERRAE and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

XVI. Complaints and claims

The User can send TERRAE their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, TERRAE has official complaint forms available to consumers and users, and that they can request TERRAE at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between TERRAE and the User, the User as a consumer can request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website.

Last modification: June 1, 2023