Legal Notice and General Conditions of Contract
1. Scope of application.
This document establishes and governs the regulations for using the website https://www.micolchon.com (hereinafter the “website”) and it includes all pages and content owned by Nueva Abrest Spain, S.L. which can be accessed through the domain and subdomains, as well as the general conditions of contract in sales from our online store.
By using the website, you shall be considered to be a website user, which implies the acceptance of all the conditions included in this text. The user agrees to read it carefully every time they choose to use the website, as it may undergo modifications without prior notice and without any kind of limitation. The texts shall always be available for the user to review.
Using our online store, either as a simple visitor or a registered member, and/or following all of the steps required to purchase products through it, or to make any request, implies the user’s full adherence, without reservation, to each of the general terms and conditions published on the website.
These Terms and Conditions shall apply from the start of the online product purchase process to the arrival of the shipment, in addition to the completion of withdrawal periods and legally established guarantees, as applicable.
2. Ownership of the Website and notifications.
Any notification or contact must be made to the owner of the website, Nueva Abrest Spain, S.L.
Address: Calle de Alfredo Corrochano 61, P.I. El Viso, C.P. 29006, Malaga
Spanish Tax Identification Number: B44607158.
It is registered in the Commercial Register of Malaga, Volume 4856, Book 3764, Folio 64, Section 8, Page MA108356, Entry 1.
Telephone: 951 555 155
3. Intellectual and industrial property.
The intellectual property rights of this website are owned by Nueva Abrest Spain, S.L. or authorised third parties. In the same way, all brands or distinctive signs included on the website are protected by Law.
Unauthorised use of the information contained on the website or the unauthorised reproduction, distribution, commercialisation or transformation, in full or in part, of its content shall constitute a breach of the intellectual property rights of Nueva Abrest Spain, S.L. Damages to intellectual and industrial property rights may lead to appropriate legal action and, if applicable, responsibilities stemming from this exercise.
In the event that the products/services on our online store are eligible for protection for Intellectual Property, Nueva Abrest Spain, S.L. guarantees that it is authorised to manage the customer’s purchase and receipt of the product.
4. Exclusion of liability.
The content, programs, information and/or advice expressed on this website shall be considered to be simply illustrative. Nueva Abrest Spain, S.L. shall in no way be liable for the effectiveness or accuracy of these and shall be exempt from any contractual or extra-contractual liability with users who make use of these, as it is they who must decide according to their criteria, the appropriateness of the same.
Content may be published, or services provided by third parties or companies may be made available. We shall not be liable for the veracity and accuracy of these and shall be exempt from any contractual or extra-contractual liability with users who make use of these, or with the links. Nueva Abrest Spain, S.L. neither controls nor undertakes any kind of supervision of third party websites. We advise users to act prudently and to check the legal conditions on these websites.
We decline any liability for damages that may occur as a result of the unavailability of the website or services offered.
Despite the fact that we have implemented all necessary security measures, our liability is for the means, not the outcome, so we cannot guarantee the absence of a virus nor other website elements that may cause alterations to your computer system. For that reason, we do not accept any contractual or extra-contractual liability with users who make use of the website and who have suffered damage of any kind as a result of a computer virus or any other kind of element.
Users who send any kind of information to Nuevan Abrest Spain, S.L. agree that it shall be true and that it is not in breach of any third party rights or current legality.
5. Conditions of use for users.
Access shall always be free of charge, aside from any costs for connecting to the telecommunications network supplied by the access provider that has been contracted by the user.
It is forbidden to use the website for the purposes of damaging the goods or interests of Nueva Abrest Spain, S.L. or third parties, or to use it in any other way that overloads, damages or renders unusable our networks, servers and other computer equipment (hardware) or computer products and applications (software), or that of third parties.
If the user is aware that linked websites send visitors to pages displaying illegal, harmful, insulting, violent or immoral content or services, we would be grateful if they would notify us of this.
6. Description of products/services and responsibility.
Consumers and users can purchase products through the website https://www.micolchon.com. Products are categorised and when one is selected, the information available about its features, uses and price appears on the screen, as well as one or more descriptive photographs. Before completing the purchase, the user must check this and assess whether this product matches their needs. Technical assistance, post-sales services and other commercial guarantees may also appear on the screen, and if so, these may also help the customer.
Before completing the purchase, the user must check this and assess whether this product matches their needs. The user must also be at least 14 years of age and must provide the details needed and accept these Conditions.
The fact that the user completes the order form does not imply its automatic acceptance by Nueva Abrest Spain, S.L. Instead, it shall be understood to have been accepted when an email notification of the request has been sent.
The order shall be processed once we have verified the effectiveness of the payment. At that time, you shall receive an email message notifying you that your order and payment method have been accepted, and that your order shall be sent in the quickest time possible.
Occasionally, there may be an obstacle with regard to the availability of certain products or components in your order. In these circumstances, we shall notify you about this as quickly as possible by email or telephone, within the forty days following the date on which your order was made with Nueva Abrest Spain, S.L. and was accepted. We shall offer you the option to request a different item of the same kind (if possible) or to cancel the order.
7. Purchase process:
Customers must follow the instructions on the screen and add products to their basket, with no commitment to buy. You can view your basket and empty it to remove any items.
If you wish to continue with your purchase, you will need to accept the purchase on the order button, accept the legal notice and conditions, as well as any specific conditions that the particular item may have in its description.
Then, if they have not already been provided, customers will be asked for their personal details. Fields marked with an asterisk must be filled in to ensure correct delivery. Customers must first register.
Customers can check that their details are correct and change anything that is wrong by clicking on the “edit” button.
To complete the purchase process, you will need to click the “buy now” button (or similar) that will direct you to make the payment.
If there are help pages during the process, these will provide customers with extra information about the purchase process.
When the purchase has been completed, and once payment has been received and verified and the order has been confirmed by email within 24 hours of the purchase, the product will be dispatched. If the products are not available, you will be notified by email.
The contract ends once the goods have been delivered, although the guarantees continue to stand and data is kept for legal and commercial reasons (if you accepted these).
We shall not be held responsible for any other kind of damage, whether actual, indirect or any other kind, nor for loss of value that the buyer may have suffered as a result of any problems relating to the sale and delivery of the products.
Nueva Abrest Spain, S.L. shall not be held responsible for delays, nor for inaccurate or incorrect publication when these are a result of acts or circumstances outside of its control, including but not limited to government action, fires, flooding, insurrections, earthquakes, technical faults, hacking, riots, explosions, seizure, legal or illegal strikes, staff or material shortages, any kind of interruption to transportation, work delays or any other circumstances outside its control.
For any additional information on your order or invoice, you can contact Customer Services on the email address provided at the top.
8. Shipments, returns and delivery periods:
The order shall be delivered to your address, with free-shipping in the provinces of Málaga and Granada (check conditions on quantity and special measurements). We do not cover the area of Ceuta, Melilla or the Canary Islands. You must check with us for orders for the Balearic Islands to calculate the shipping costs. Maximum delivery periods shall be from 15 to 20 working days after the order confirmation, except for items with special measurements or items that are not in stock. You can access this from any operating system, platform or browser. Contact us if you have any problems.
However, this shall always be specified by telephone or email.
Transport Service Conditions:
1. These conditions shall apply for contracted deliveries in the absence of agreements or specific conditions stemming from the uniqueness of each product or service. Check the page on current tariffs for each product or service.
2. Contract details referring to the allocation of goods, the name, address and town of the recipient and sender, shall be provided by the sender, who shall be responsible for these. They shall not be verified by the Agency, except in the event of serious imminent risk or by order of a relevant authority.
3. Services shall be provided between Monday and Friday. This excludes bank holidays in the destination town and the Saturday of Easter Week.
All Nueva Abrest Spain, S.L. products come with a guarantee against any manufacturing defects. To find the guarantee period, check the product specification sheet which specifies the guaranteed validity period against manufacturing defects.
In the event that there are manufacturing defects, Nueva Abrest Spain, S.L. shall replace the product provided that a claim has been recorded and sent to email@example.com or any other legally valid means of communication, and photos or videos are attached, showing the defects described. In this case, you shall not be liable for any costs.
If there are no manufacturing defects, but you have enjoyed the 101-night trial before choosing to replace the mattress with another, Nueva Abrest Spain, S.L. hereby informs you that:
1. If the price of the new product chosen is of a lower amount, Nueva Abrest Spain, S.L. will pay you the difference.
2. If the price of the new product chosen is of a higher amount, you will need to pay the difference in order to make the replacement.
3. You can change the mattress provided that you are replacing it for another of the same size. In the event that a consumer wishes to proceed with the return of the product due to an error in the measurements initially provided to Nueva Abrest Spain, S.L., the consumer will be required to cover a cost of 15% of the product (including VAT).
If Nueva Abrest Spain, S.L. accepts the replacement, we shall provide written instructions by email on how to prepare the mattress so that the delivery company can take it. The delivery company shall collect the product, but it is the customer’s responsibility to ensure that they can do so, without issue, from the ground floor of the building. In order to accept the exchange or return of a product, Nueva Abrest Spain, S.L shall request photos or graphic evidence where we can see the state of the product. Product exchanges or returns shall only be accepted for products in perfect condition that are still in their original packaging and have not been opened.
9. Price and payment method.
Product prices are set in Euros and can be seen on the relevant website pages for each product. They shall remain valid for the duration in which they are accessible on the website.
The payment method for goods shall be by credit card/cash on delivery/PayPal/transfer/finance payment.
All bank transfers should be made to the following account:
BANKINTER ES 91 0128 1785 1001 0001 6735
We do not accept payment by cheque or promissory note in any of our bank accounts.
If you make a payment by credit card, the card shall be charged through the bank’s POS system. All commercial transactions are made on a secure server using SSL (Secure Sockets Layer) and as per regulation PSD2 (Payment Services Directive EU 2015/2366), which guarantees the security and privacy of your data.
If you would like to make payment through a finance plan, more info here -→https://www.micolchon.com/es/i48-financiacion.html
For cash on delivery, you will need to pay the order amount at the time of delivery. Please bear in mind that this payment method is not available for all our orders. Cash on delivery cannot be used for orders that require assembly, the removal of a used product, items with special measurements or items that have been customised to customer needs. This option is also not available for urgent or express deliveries. In any case, please check with our advisors on how to use this payment method.
Orders using this payment method shall bear a surcharge of 6% of the price. There is no need for a deposit on account for items that permit this payment method.
If you would like to split the payment into two separate payments for your own ease, you can pay a minimum of 10% of the order value or a maximum of 90%, setting the quantity you prefer within this range. You can transfer that amount by bank transfer, informing us beforehand at the time you make your order or by contacting us by email or telephone. You can also pay by cash in any of our physical stores. The remaining amount shall be paid upon delivery of your items.
At the time of delivery to your address or chosen delivery point, please bear in mind that our specialised couriers shall be responsible for delivering your order and cannot charge payment by any means other than cash. They will not have change, so please have the exact amount ready. The individual responsible for receiving the purchase must have an ID document (ID Card, Driving Licence, etc.) and the delivery can only be made at the delivery point stated.
All applicable taxes are included in the price of the product.
Delivery costs are shown separately, broken down in the basket, and users must verify and accept any costs involved in delivering to your address before formalising the order, as costs vary according to the size and weight of the product and the destination.
In general, Nueva Abrest Spain, S.L. shall send confirmation of payment by email.
10. Delivery guarantee.
If the delivery period agreed with the delivery service contracted is not fulfilled, the customer shall be refunded the amount of the shipping costs. Non-fulfilment of the delivery period shall not include the absence of the addressee, a change of address, unknown consignee or address, non-payment of shipping costs, replacements or refunds, closure due to holidays, second attempt deliveries outside of the period, force majeure events or events of chance or anything else that cannot be attributed to the Agency. This guarantee excludes goods sent for pick-up at the Delivery Agency’s destination address or warehouse.
LIABILITY COVERAGE IMPROVEMENT. In the absence of an express deposit in the amount of the goods transported, the maximum liability assumed by the Delivery Agency in the event of damage, loss or breakdowns, except delivery delays, in which case the above in condition four shall apply, is capped at a maximum amount of €30.05 per kilo of weight consigned up to a maximum compensatory limit of €1,800 per trip, for which the contracted Agency is solely responsible. This does not to apply to the MULTI-PACKAGE product, in which case the compensation shall be €30.05 per package. As regards the aforementioned compensation coverage, 8% shall be charged on top of the shipping costs for the coverage improvement. (A minimum of €1.22 per trip) except for MS and MP products which include this in the price.
DECLARED VALUE COVERAGE. There is an option to sign supplementary insurance that, where the actual value has been declared, covers damage to goods up to the declared value thereof. The cost of this insurance to add to the invoice would be 1.25% of the declared value (minimum €2.15). In this case, the surcharge stipulated in the section above shall not apply. IN ANY CASE, if this insurance is not contracted, the aforementioned contract liability limits described shall apply. The above shall not be modified by the necessary presentation of documents that, in order to transport the goods, contain the value or content thereof, which shall be considered a non-contractual declaration for the sole purposes of management before any third-parties.
The sender hereby declares that they know and accept the delivery conditions and periods for the service contracted, as well as the fixing, repercussion and proportion of the price for the transportation contracted and other expenses, as per the company’s current rates model, which the sender knows and has been provided. For pick-ups and deliveries outside the province capital, the amounts shown in the book of rates shall be charged.
The Delivery Agency reserves the right to reject any package at all times and therefore not provide a service due to insufficient packaging for transport, abnormal appearance or any other unusual reason for the assignment. If a package is rejected due to insufficient packaging, and the sender insists on the shipment, the Delivery Agency shall not be held responsible for damage or breakdowns that the goods may suffer, for which a customer signature in the relevant part of the delivery note shall suffice. This does not include the delivery of packages and objects where the contents are contrary to the Law or where delivery is subject to special requirements or rulings (arms, funds or stock, toxic, inflammable or dangerous materials, explosives, etc.) in which case the responsibility lies solely and entirely with the sender, expressly exonerating the Agency from any responsibility in that regard. It also does not include the delivery of goods exceeding the length of three metres.
Goods shall be delivered to the address allocated by the sender, except in the event of the repeated absence of the addressee or where the weight, volume or functional features of the furniture does not allow for a person to make the delivery, in which case, delivery shall be made to the door on the street or to the SEUR destination headquarters, with prior notice provided. If the addressee is absent, a notice shall be left recording the delivery attempt made as well as the way in which to arrange delivery. (The amount of €31.78 shall be charged for services that exceed the mere pick-up and delivery of goods or services that require unusual procedures.)
The addressee shall be held responsible for the non-delivery of goods transported due to the addressee’s absence or refusal, the absence of their details or the non-payment of the amounts stemming from shipping (shipping costs, insurance, taxes, expenses, refund value, etc.), and shall be responsible for the expenses for this incident, including, where applicable, the expenses for storage, the price, the refund premium and any other shipping expenses for the goods stemming from their return to origin or subsequent deliveries and the repercussions on the relevant insurance. The addressee shall be required to sign the delivery note in order to proceed with the delivery of the goods. If the addressee refuses to sign the delivery note, the Agency shall be exempt from all responsibility.
The PERIODS for making a CLAIM FOR DAMAGES to the goods shall be TWENTY-FOUR HOURS from delivery if the damage cannot be seen externally, or AT THE TIME OF DELIVERY, and on the contract document, if damages can be seen externally. The above applies except for shipping originating from or with a destination in Portugal, where the period shall be eight days from delivery. THE EFFECTS stemming from the transportation contract EXPIRE AT ONE YEAR.
11. User obligations.
The commercial use of products with a registered brand is expressly forbidden, unless express authorisation has been provided by Nueva Abrest Spain, S.L., or the holder of the Micolchón Brand.
The user is required to pay the price of the product and to use it as per the requirements of the law and these general conditions.
The user is required to keep their password confidential and to notify us immediately if they suspect any unauthorised use of their account or access to their password. They also agree not to use any other individual’s account, username or password.
12. Nueva Abrest Spain, S.L. obligations.
Nueva Abrest Spain, SL. agrees to provide the user with the necessary information on the products, and once a purchase has been made, to send a confirmation by email showing receipt of the order made and payment confirmation.
They agree to have the spare parts needed for the product, or to request them from the manufacturer, for 5 years following completion of the manufacture.
They shall also produce a receipt that they will provide the consumer.
If you are not satisfied with the products you have bought on our online store, you have the right to withdraw from the contract by returning your purchases, as per the stipulations in the following paragraphs.
The withdrawal period shall expire 14 calendar days after the day on which you or a third party appointed by you, other than the delivery company, received the product.
If you have purchased multiple products in one order that have been delivered to you separately, the withdrawal period will expire 14 calendar days after the day on which you, or a third party appointed by you, other than the delivery company, received the last of those products.
If you have purchased a product consisting of multiple components or parts, the withdrawal period will expire 14 calendar days after the day on which you, or a third party appointed by you, other than the delivery company, received the last component or material.
The consumer shall be responsible for the decrease in value of the products resulting from any handling of these other than that necessary to establish the nature, features and operation of the goods.
The consumer must notify us of their intention to withdraw by any means permitted by law, using the communication methods provided at the top of this text, and must proceed to ship the product they are returning, accepting the costs of that return. By returning the package to the address, we shall understand that right to have been exercised. Although we provide a downloadable withdrawal form at the end of this text, you are not required to use it.
Exercising the right to withdraw can be made through any means permitted by law. Our email address is firstname.lastname@example.org, where you can notify us of your wish to exercise your right to withdraw.
To exercise your right to withdraw, you shall need to send us photos or videos of the goods so that we can verify its condition and be able to process this. Photos or videos must be sent within 14 calendar days from the arrival of your order so that Nueva Abrest Spain, S.L can process your right to withdraw in the legal period established.
Once we have received notification of the return (where applicable) and the product being returned, we shall proceed to return the money paid, including taxes and shipping costs from its origin within a maximum of 14 days, without any discount or penalty. The return shall be made by the same method in which you paid, unless you tell us otherwise.
The user shall only need to reimburse an amount for the decrease in value of the product resulting from any usage that does not comply with the agreed stipulations or the characteristics of the asset, any reckless damage caused by not following the product’s maintenance instructions, or because of wilful damage.
In the event that the return is due to product defects, the legal rights and guarantees on faulty products shall apply as per the stipulations in legislation applicable to that end, and the shipping costs shall become the responsibility of the company.
The Right to withdraw is only valid for consumers, including legal entities and non-legal entities, who act in a non-profit capacity in a setting that is unrelated to their commercial or business activity. Dealers or business owners who acquire products in the framework of commercial or business activity, shall not be able to access the right to withdraw.
Nueva Abrest Spain, S.L hereby notifies you that you shall not have the right to withdraw from the contract or the right to exchange a product when it concerns:
- Items with special measurements and/or items with exact measurements manufactured expressly for you.
- Customised items. All items where upholstery has been chosen.
- Bed linens
- Items made following the customer’s express specifications.
All zip and link mattresses shall be considered as special means. Products measuring 160/180/200 cm wide, and items measuring 120 cm and 140 cm wide and any measurements that are not available on our website. Special measurements for length include 180 and 200.
It shall be understood that customised items are those where the customer chooses aspects of it, such as upholstery.
The user shall be wholly liable for their use of the products acquired, and shall exonerate us of any liability stemming from any damage that may happen as a result of incorrect usage. Specifically, they shall be liable for:
• Any acts that contravene the stipulations set out in these general conditions, the law, generally accepted customs and public order.
• Any act carried out differently from what is stated on the indications or instructions regarding operation or usage of the product.
• The certainty, accuracy, validity and relevancy of the details provided in each of the forms requested on the website.
• The direct or indirect damage or harm caused to you by a third party if the user lost, revealed, neglected or allowed, by any means, a third party to discover your personal details to contract the product for any attributable reasons.
15. Right to refuse the order.
Nueva Abrest Spain, S.L. reserves the right to not allow the purchase of a product when they believe that this infringes current legislation, the general conditions, morality, generally accepted customs and public order; when a third party is harmed, or when they do not consider it appropriate for reasons stemming from the image and reputation of the website. In this case, if payment has been made, it shall be returned.
16. Information and modification.
Nueva Abrest Spain S.L. has presented this text to potential interested parties before any services could be contracted, therefore complying with the above information.
The temporary validity of this condition coincides with the time of its display up until the time when all or part of the terms and conditions unilaterally stipulated here are modified. As such, users are required to check our General Contract Conditions and service terms every time they access our online store.
If any clause is declared void, this shall not affect the remaining conditions.
17. Transfer and replacement.
18. Expiration and termination.
This contract shall expire when both parties meet the obligations they have agreed to in it, or when it is settled by one of the parties in the event that any of the factors for terminating it occur, or if the other party grossly fails to comply with any of the obligations established in the contract.
19. Applicable law, jurisdiction and validity.
This Legal Notice and the General Contract Conditions are set out in Spanish and are fully governed by Spanish legislation.
The consumer is protected and can make any complaint or sue from their address.
Both parties are subject to the Courts and Tribunals of Malaga (Spain) and expressly waive their right to any other jurisdiction, in the following cases:
• When the address of the purchasing party is outside the European Union and there is no bilateral or multilateral agreement with Spain that prevents the option to set out their express submission of the jurisdiction;
• If this is a purchase made by a company acting in the capacity of their business or professional activity.
20. Online Dispute Resolution.
As per the stipulations set out in Regulation EU 524/2013 on online dispute resolutions as regards consumption (ODR - Online Dispute Resolution), we hereby inform you that as a consumer, there is a process available to you for resolving the various disputes stemming from the online sale of goods and services in the EU.
EU ODR platform: http://ec.europa.eu/consumers/odr/