General Terms and Conditions

These General Terms and Conditions (hereinafter, “the General Terms and Conditions”) govern the access and use of the Website accessible through the domain name https://thelino.com/ (hereinafter, “The Lino “), as well as the contracting of services through the same. The simple access to the Website attributes to the person who makes it the condition of user of the same (hereinafter, “the User”) and implies the acceptance of all the terms included in these General Conditions. If you do not agree with these General Conditions, you must immediately leave the Website without using it.

By accepting these General Conditions the User declares:

a)That he has read, understands and accepts what is set out here. 

b) That, in the event that he is about to contract any service, he has sufficient capacity to do so. 

c) That, in the event that he is acting on behalf of a legal entity, he has sufficient and valid power of representation to do so. 

d) That, in the event that he enters the data of third parties, he has the necessary authorisations for the processing of such data. 

e) That he is of legal age.

 

1. General information about the website
  • Owner: Maria Mendoza , S.L. (here in after referred to as “The Lino”).
  • Sede y establecimiento: Urquijo 1, 5 D Getxo 48930 Vizcaya I.F.: B 01644079
  • E-mail: web@thelino.com
  • Telephone: (+34) 94 414 63 44

 

2. Access to the website

Simple access to the Website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the User

3. Rules for the use of the website 

For the use of the Website the User has a set of spaces where he can find general information in the Home tab, different types of products distributed by the tabs of the Website, as well as a specific space for Lookbook, Blog, Instagram Shop and Interior Designers, and even a space dedicated to the creation of a personal user account, legal information and contact points.

In the spaces destined to the promotion of products, the acquisition of the same ones will be allowed by means of the processing of a set of simple steps.

The space destined to contact incorporates a contact form so that the User can contact The Lino

In any case, for the use of the Website, the User, in compliance with what is set forth in these General Conditions, is obliged to maintain a conduct in accordance with the law, good practice, lawful, adequate and correct. Any use made by the User that may have legal consequences affecting the rights and freedoms of third parties other than the User shall be the responsibility of the User and shall exempt the User The Lino  from any liability.

4. Content and services linked on the website

The Website may contain link devices, directories that allow the User to access other pages and portals on the Internet (hereinafter referred to as “linked sites”). The User shall The Lino only be responsible for the content and services provided on the linked sites to the extent that he or she has actual knowledge of their illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a linked site with illegal or inappropriate content, he may notify The Lino.

In no case should the existence of linked sites presuppose the formalisation of agreements between The Lino and the persons responsible for or holders of the sites. Unless expressly stated otherwise on the Website, it is The Lino  not aware of the contents and services of the linked sites and, therefore, is not responsible for any damages that these may cause to the User or any third party.

5. Intellectual and industrial property

All the contents of the Website, including, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of The Lino  or third party licensors, and none of the exploitation rights recognised by current legislation on intellectual property may be understood to have been assigned to the User. The trademarks, trade names and other distinctive signs published on the Website are the property of The Lino  or third party licensors and no rights over them may be construed as having been transferred to the User.

6. Contracting of services

6.1. Main characteristics of the services

The main characteristics of the products offered through the Website can be consulted in the descriptive card where they are presented.

6.2. Purchase procedure

The language in which you can formalize the contract is Spanish and English.

The procedure for purchasing products through the Website is as follows:

  1. From the file of the desired product, the user will find all the information related to it.
  2. Once the product information has been consulted, the User can start the purchase process if he wishes. To do so, he must select the characteristics of the product (if this option is enabled for that product), as well as the quantity he wishes to purchase. Then he must select “BUY”.
  3. At this point you will be presented with a summary of the products you have selected and will be allowed to add a comment to the order, and move on to the next step by selecting “FINISH ORDER”.
  4. The User can access his shopping cart to see his order in case he decides to continue selecting more products. At that time you can update your cart, to enter more products or remove them, after that, the User may return to the previous point and complete the processing of the order.
  5. By clicking on “FINISH ORDER” a new window will open for the User to proceed with the entry of his/her personal billing data. You will also be able to access your personal account (if you wish and have not done so in the current session). You can access via Paypal to make express payment. In any case, you will be required to accept the present General Conditions, as well as the Privacy Policy by clicking on “Continue with deliveries”.
  6. At this point the User will be transferred to an external payment gateway where he must enter the data of the card that the User wants to use for the processing of the payment. In this way, The Lino no data related to the User’s card number is kept, and everything is done at the same provider of the payment gateway.
  7. Finally, the User may confirm the processing of the purchase. A mail of justification and processing of the purchase made will be sent to the mail address that had indicated, as well as all the necessary contractual information.

 

6.3. Password

The User is responsible at all times for the safekeeping of his or her password, consequently assuming any damages that may arise from its improper use, as well as the assignment, disclosure or loss of the same. For this purpose, access to restricted areas and/or the use of the services and contents of the Website made under the User’s password shall be deemed to have been made by the User.

6.4. Correction and identification of data entry errors

When the User forgets to correctly fill in some data indicated as obligatory in the corresponding form, he cannot advance in the process of contracting or validation until he has completed it. A message on the screen will warn him/her of this circumstance.

You may modify and/or update the information provided during the purchase process at any time, before it is completed.

By accessing their account, the User may at any time modify and/or update the data they provided at the time of registration as a user of the Website.

6.5. Delivery of orders

 Spain, Portugal and Balearic island

Spain, Portugal and Balearic Island

  • Prices for orders under 3 kg: 6€/ order
  • Prices for orders between 3 kg and 5 kg: 8€/ order
  • Prices for orders between 5 kg and 10 kg: 9€/ order
  • Prices for orders between 10 kg and 18 kg: 12€/ order
  • Prices for orders between 18 kg and 20 kg: 14€/ order

Your order will be dispatched within 2-3 working days.

Please note if it’s a Friday, Saturday or Sunday your order cannot be booked with the courier until Monday. Bank Holidays are also considered non working days. 

If the shipping company is unsuccessful and you do not contact them within 5 working days from the first delivery attempt date, a re-delivery charge will be incurred.

International Orders

International orders are usually delivered within 10 business days from the day you’ve placed the order. However, please allow up to 14 days during peak periods.

Prices will be given  before check out, depending on the Country, zip code and weight of the order.

All international packages outside the EU  may be subject to duties and taxes.

Any additional charges for customs clearance are paid by the customer. We cannot cancel orders on the basis of unforseen duties or levies.

Please check your local customs website for more information.

If your country is not listed at checkout, please contact us for a shipping quote, email; returns@thelino.com or telephone +34 94 414 63 44 Please note that extra large or heavy orders may exceed any previously quoted freight cost. If this happens we’ll get in touch to agree the increased charge before dispatching your order.

Don’t forget- a signature is required upon delivery for all of our shipping services!

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances, we will send you the order consisting of each shipping confirmation, within the period indicated on the website according to the shipping method selected and, in any case, within a maximum of 30 days from the date of the order confirmation.

For the purposes of these conditions, it will be understood that “delivery” has taken place or that the order has been “delivered” at the moment in which you or a third party indicated by you, acquires the material possession of the products, which will be accredited by the signature of the reception of the order in the agreed delivery address.

6.6. Price of the products

The prices indicated for each product in its corresponding file include, unless expressly indicated otherwise, the Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (euros). These prices, unless expressly indicated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.

 

7. Right of Withdrawal

7.1. Period of exercise

The User has the right to withdraw from a purchase made through the Website within 14 calendar days without the need for justification.

In the case of a contract of sale, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party other than the carrier, as indicated by the User, has acquired material possession of the goods.

In the event of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last of these goods.

In the event of delivery of a good consisting of multiple components or parts, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the last component or part.

To exercise the right of withdrawal, the User must notify The Lino  his decision to withdraw from the contract by means of an unequivocal statement to returns@thelino.com.

In order to comply with the withdrawal period, it is sufficient that the User’s communication regarding the exercise of this right is sent before the corresponding deadline.

7.2. Consequences of withdrawal 

In the event of withdrawal, The lino will refund all payments received from the User, less the delivery charges, without any undue delay and in any case no later than 30 calendar days from the date on which the User informs The Lino  of his decision to withdraw from the contract. Lo de Manuela will proceed to make such refund using the same means of payment employed by the User for the initial transaction, unless it has expressly provided otherwise; in any case, the User will not incur any expenses as a result of the refund. The Lino  may withhold the refund until it has received the goods, or until the User has submitted proof of the return of the goods, depending on which condition is met first.

The User must return or deliver the goods directly to The Lino , without any undue delay and in any case no later than 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the end of this period.

7.3. Cases of non-application of the right of withdrawal

In accordance with the provisions of 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, the User is informed that he or she may not withdraw from the following contracts:

a)The supply of goods made to the User’s specifications or clearly personalized. 

b) The supply of goods that are liable to deteriorate or expire rapidly. 

c) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

 
8. Complaints, claims and requests for information 

The User may address his or her complaints, claims and/or requests for information to The Lino , using any of the following ways:

a) By sending an e-mail to the address returns@thelino.com

b)By calling (+34) 94 414 6344  from 09:00 to 17:00, Monday to Friday except holidays.

The Lino has official complaint/claim/denunciation sheets that the User can request.

 

9. Legal guarantee of conformity for products 

The User is reminded that, in accordance with the provisions of articles 114 and following of the 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, all products delivered by  The Lino  must be in conformity with the contract entered into, and will be liable The Lino to the User for any lack of conformity that may arise within a period of two years from the delivery of the product.

The scope and form of execution of the rights conferred on the User by this legal guarantee can be found in articles 114 and following of the aforementioned regulation.

 

10. Additional commercial guarantee

Returns

  1. You should notify us in writing within fourteen (14) days (from the day of reception of the products) by writing an email to our customer service returns@thelino.com.You should keep a record of your cancellation notice; 
  1. We will send you a label that you should print and attached to the packet.
  1. We will send a courier to pick up the goods.
  1. The return fees will be deducted from the refund fees (The same quantity as the shipping cost)
  1. Table ware items may only be returned from countries within the EU.
  1. The products should not have been used, worn, washed or damaged; 
  1. The identification tag should still be attached to the products with the disposable seal; 
  1. The products should be returned in their original packaging; 
  1. The products should be shipped to The Lino s.l to our warehouse Calle Baeza3 local garage 28002 Madrid  within fourteen (14) working days following cancellation of the contract. 

If you cancel the contract within the fourteen (14) days, you need to return the product within the following 14 days from the date of cancellation of the contract. We will process the refund due to you as soon as possible and, in any event within thirty (30) days of the day of reception of the product in our warehouse.

If you are returning goods from outside the EU you must attach a customs declaration describing the goods as ‘Spanish  RETURNED GOODS’ stating that products are returned as they are unwanted or faulty.  Any return forms included with your shipment, must be correctly completed and attached.

Any costs incurred associated with failure to do so, will be deducted from the amount of any refund due.

Customers outside the EU are liable for any local taxes and duties levied in their own country.  The Lino  have no control over these and can take no responsibility for these charges. Reasonable compensation for the net costs we will incur as a result of failure to pay local taxes and duties will be deducted from any refund due.

We will only refund the value of the items returned and basic delivery charges. We will not refund the costs of return postage. Should you wish to make an exchange you will be charged at the standard delivery rate.

Any refund payment will be made to the credit/debit card or payment account used to pay for the product and if vouchers have been used to pay for the product we may provide a refund in vouchers.

If you are returning a present, we have to refund the person who paid for it.

We are happy to exchange your gift but we will also have to inform the original purchaser.

Gift wrapping is not eligible for a refund.

Faulty / Damaged Goods

We care very much about the products we sell and take great care to ensure you receive your goods in perfect condition. However if the goods are damaged or faulty please contact us by email returns@thelino.com within 15 days of purchase describing the fault.

For faulty products you return, we will refund you the cost of the return postage, as well as the goods and your original postage and packing charge. Please return the item(s) following the refund steps above.

We will not refund any postage costs incurred on a product that we do not consider faulty. 

 

Cancellation of an Order Prior to Dispatch

If you are a consumer, you have a statutory right to cancel a contract under the Consumer Contracts Regulations (exercisable up to and including the fourteenth day after the day of delivery). You do not need to give us a reason for your cancellation, but you should let us know in writing as soon as possible that you wish to cancel. The easiest method of letting us know is to write an email to and to return it to customer services at returs@thelino.com

If you cancel your contract before we have dispatched the goods, we will refund the price paid for the goods and delivery costs to the credit/debit card or payment account used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers. 
Your legal right to cancel a contract starts from the date of our dispatch confirmation e-mail, which is when the contract between us is formed. Your deadline for cancelling the contract expires 14 days after you receive the products. This cancellation right does not apply to the non-standard products identified below.

 

11. Nullity and Ineffectiveness of Clauses 

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, with these General Conditions subsisting in all other respects and such provision being considered totally or partially as not included.

 

12. Applicable law and jurisdiction

These General Conditions shall be governed by and interpreted in accordance with Spanish law.

If you are a natural person, in case of dispute, as a User and Consumer you can choose to file your lawsuit before the Courts or Tribunals that correspond to your domicile.

If you are a legal entity, you agree to submit any dispute arising from the use of the Website, or the purchase of products made through it, to the Courts and Tribunals of Bilbao , expressly waiving any other jurisdiction that may apply.

 

13. Alternative dispute resolution in consumer matters

The User is informed of the existence of the European Union’s online dispute resolution platform, which can be accessed here.