INTRODUCTION
This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.TYDDEN.com) as well as the purchase of products both online and offline (hereinafter, the " Terms").
We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy (together, the "Data Protection Policies"). By placing an order in Tydden you agree to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and with the Data Protection Policies, you should not place orders in Tydden . These Conditions could be modified.
It is your responsibility to read them periodically, since those that are in force at the time of ordering or, failing these, the use of the website will be applicable. If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our contact form. The contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
OUR DATA
The sale of items through this website is carried out under the name TYDDEN by MUNNEY DEVELOPMENT, SL, a Spanish company with registered office at Manuel de FALLA, 30 in Alcobendas (Madrid), registered in the Madrid Mercantile Registry, seat 302 of the newspaper 119 Volume 39134, general section of companies, Folio 125, Page M695265, 1st entry and NIF B88407101, email contact@Tydden.com.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.
USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
1. Make use of this website only to make legally valid inquiries or orders.
2. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
3. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Authorize payment".
Next, you will receive an email acknowledging receipt of your order (the "Order Confirmation").
Likewise, we will inform you by email when your order is being shipped to you (the "Shipping Confirmation").
TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting customer service at Customerservice@Tydden.com
This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, at the aforementioned email address, to correct the error.
PRODUCTS AVAILABILITY
All product orders are subject to the availability of their manufacturing materials. In this sense, if there are difficulties in the supply of products, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.
PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use Visa, Mastercard, American Express, PayPal and deferred payment cards as a means of payment.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the card.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract
VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.
The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.
You expressly authorize us to issue the invoice electronically.
However, you can indicate to us at any time your willingness to receive a paper invoice, in which case, we will issue and send the invoice in that format.
DELIVERY / TRANSPORTATION COSTS OR DAMAGE
Transportation is free in Peninsula Spain for purchases over € 100. Hard-to-reach islands or territories are excluded from free delivery.
For international shipments, the order would be subject to a personalized budget including the best transport quote, which would be sent to the customer for approval. If not accepted, Tydden would proceed to the full refund of the amount paid and cancellation of the order immediately.
The price includes the assembly of the articles. Assembly is considered to be the action of assembling or assembling a certain product. In no case will its installation or placement be considered (for example, hanging a mirror or shelf on the wall).
The material is delivered fully packed and protected, in case the packaging shows damage caused by transport and the products are damaged, the client must take photos, indicate the anomalies on the carrier's delivery note, keep its original packaging and notify it on the moment of receiving the merchandise by email to contact@tydden.com. The lack of comments from the customer at the time of delivery is equivalent to their full compliance with the products received.
It is the customer's responsibility to verify that access to the specified address is suitable to perform this service under normal conditions. If due to the dimensions of the purchased product it is impossible to deliver these items to that address (for example, a piece of furniture that does not fit in the elevator and not up the stairs), neither the transport company nor Tydden will be responsible for the expenses incurred. derive from delivery to the address chosen by other means (for example: use of cranes or lifting platforms).
The transport price does not include the removal of furniture. If the client needs furniture to be removed, it must be stated and Customer Service will review the request and a personalized estimate will be sent.
Delivery dates communicated or acknowledged by Tydden are approximate dates. Tydden will not incur liability for any delay, loss or damage in transit.
Tydden may postpone any delivery in the event of production problems affecting the quantity or quality of the Goods produced. If such delay lasts more than 3 (three) calendar months, either party may cancel the order
Unless explicitly agreed otherwise, any delivery is made at the factory (EXW) in Madrid (Spain), according to the conditions of the Incoterms 2020.
If the Buyer does not accept delivery of the Goods or does not provide information or instructions to enable delivery, the Buyer shall be fully liable to Tydden for all damages and losses suffered by Tydden, for example, but not limited to, the costs of transportation, additional storage, handling and insurance. Regarding the (re) delivery, Tydden may demand the advance payment of all the costs mentioned above.
Tydden may, in its sole discretion, without liability or penalty, make partial shipments of the Merchandise to the Buyer. Each shipment will constitute a separate sale and the Buyer will pay for the units shipped, whether the shipment is in full or partial fulfillment of the Buyer's order.
At the time of delivery, the Buyer will check the condition of the packaging and, if it has any notable defects, the Buyer, in the presence of the carrier, will open the packaging and check whether the Goods are damaged.
CHANGES IN SPECIFICATIONS, CLAIMS AND RETURNS
We hope you like our product but if for any reason you prefer to return it, the return period will be 14 days from the date of purchase for those products that are considered gifts (those that are delivered within 2 days), in the case of the furniture (with a manufacturing period of approximately 4 weeks) no merchandise can be returned since it is a firm order made by the client with certain specifications, manufactured exclusively for that order.
The exchanged or returned product must be returned in its original packaging and must be in perfect condition with no signs of having been used. Once the product is received, Tydden will verify that they are in good condition and will proceed to return the price of the product with the same payment method that was used for your purchase.
Shipping and collection costs in case of return (as long as it is not a factory default) will be borne by the customer.
In the event that the returned products have any damage, the Customer must compensate Tydden the amount corresponding to such damage, deducting Tydden said amount from which he would have to reimburse the customer as a result of the return. The refund of the purchase amount will take place through the means of payment by which the Customer had made the same.
If a product other than the one requested by the Client is delivered by mistake by Tydden, it will be withdrawn and the correct product will be delivered without any additional charge to the Client. For any incident related to the return of items from our ONLINE store, you can contact the Customer Service Department via email: contact@tydden.com
Shipping Costs in Promotions and Offers: Products that are in Promotion or under Discount will be exempt from free shipping
The buyer acknowledges that minor changes in shape, color and / or construction may occur, depending on the material from which the Merchandise is made, the design of the Merchandise or other reasons. The models, illustrations, drawings and dimensions shown, added or announced by Tydden give a general representation of the Merchandise. Changes that may cause the actual design to deviate to some extent from the models, illustrations, drawings or dimensions mentioned above, but which do not result in any material change in the technical and aesthetic design of the Merchandise, do not entitle the Buyer to refuse to accept or pay for the Goods delivered and will not be considered a breach by Tydden.
Depending on the materials used for its manufacture, the Original Merchandise may change over time due to environmental influences (ultraviolet light and others for the lacquered Merchandise, colors, fabrics and others).
Tydden is constantly looking to improve its Merchandise. Therefore, the Goods delivered may technically differ from the Goods ordered.
If, in the opinion of the Buyer, the Goods delivered do not conform to or are less than the Goods ordered, or if it has been damaged through no fault of the Buyer, the latter shall notify Tydden by email immediately, but in any case in a period not exceeding 14 (fourteen) calendar days from the delivery date. Tydden is not obliged to deal with claims that have been received beyond this period. Any claim submitted by the Buyer must be specified in as much detail as possible, with a digital photograph attached to the email. Each delivery should be considered as a separate transaction, that is, claims related to a particular delivery have no effect on earlier or later deliveries.
If, in Tydden's reasonable discretion, the claim is justified, then Tydden will have the option: (i) to replace the defective or missing Merchandise, or (ii) to pay the Buyer the purchase price by the same method of payment as the buyer used for his purchase.
Defective Merchandise can only be returned to Tydden at Tydden's expense after Tydden has given prior written approval or Tydden has requested the return of the defective Merchandise. If the Merchandise has not been received within 15 (fifteen) business days after Tydden has given its consent for the Buyer to return such Merchandise, the Buyer will be deemed to have withdrawn its claim and Tydden will not be liable to the Buyer for no refund, credit or replacement.
In the event of replacement of defective Merchandise or recovered Merchandise, the Buyer will be responsible for the costs of assembly, disassembly or reinstallation, change of technical installations and other costs related to the Merchandise and for any replacement.
SUSPENSION AND TERMINATION
Tydden has the right to suspend, in whole or in part, the performance of its obligations under any agreement or to terminate the agreement:
to. If the buyer has not complied within the terms of the agreement, in whole or in part, with its obligations in accordance with the agreement and / or previous agreements;
b. If, having entered into the agreement, Tydden has good reason to fear that the Buyer will not be able to meet its financial obligations;
c. If the Buyer has not provided the requested warranty or an adequate warranty.
If, due to delay or other action by Buyer, Tydden cannot reasonably expect Buyer to perform the agreement on the originally agreed terms, then Tydden will have the right to cancel the agreement with immediate effect. In such event, the Buyer shall be liable to Tydden for all costs, damages or loss of profits suffered by Tydden.
Tydden has the right to terminate the Merchandise sale agreement or cancel the shipment of Merchandise at any time and, if terminated or canceled, Tydden will credit or refund Buyer for any terminated or canceled Merchandise for which Buyer has paid.
LIMITED WARRANTY
Most of the product specifications can be downloaded from the www.Tydden.com website. Tydden warrants that, under normal use and in accordance with the installation instructions, and taking into account the product specifications, the Merchandise will be free from defects in material or finish on delivery to the Buyer and for a period of 24 months. from the date of delivery, and that it will conform to the specifications of the product in all material aspects.
The guarantee will be considered void if it is determined that the alleged defect has occurred as a result of improper use or use other than normal with respect to the specific good, negligence, improper installation, an accident, improper storage or repairs or modifications made without the express prior written consent of Tydden.
The guarantee involves the following depreciation procedure:
a) Within a period of 12 (twelve) months after the invoice date: Tydden will pay half (1/2) of the costs of the repair or replacement, including freight charges within Spain;
b) Within 24 (twenty-four) months after the invoice date: Tydden will pay one third (1/3) of the repair or replacement costs, including freight charges within Spain.
Subject to the exclusions and limitations set forth in the preceding sections, the foregoing determines Tydden's entire liability in relation to defective or non-conforming Merchandise.
Except for the limited warranty set forth in this section, Tydden makes no warranty with respect to the Merchandise, including any (a) warranty of merchantability; (b) guarantee of fitness for a specific purpose; (c) guarantee of title; or (d) guarantee against the violation of the intellectual property rights of a third party; whether express or implicit by law, in the course of negotiations, in the course of execution, commercial use or otherwise.
LIMITATION OF LIABILITY
Without prejudice to mandatory legal standards, the following applies.
to. Regarding the Merchandise delivered by Tydden:
(i) Tydden shall not be liable for any loss of earnings or savings, loss of reputation or goodwill, indirect, incidental or consequential damages arising out of or related to the sale or use of the Merchandise, regardless of whether the claim is based or not in tort, warranty, contract or any other legal possibility, even in circumstances where Tydden has been advised of any risk.
(ii) Tydden's total and cumulative liability will not exceed an amount equal to 50% of the total and cumulative purchase value.
b. Regarding the services provided by Tydden:
(i) Tydden will not be liable for any damages, direct, indirect, incidental or consequential, as a result of the use of the services provided by Tydden.
Tydden's liability will be limited at all times to the maximum amount covered by Tydden's insurance for the type of damage.
PROPERTY RESERVATION
The delivered Goods remain the property of Tydden until the Buyer has fulfilled its obligations to Tydden in full. If any invoice remains unpaid, Tydden's retention of title will also cover all previously delivered Merchandise that the Buyer has paid for.
The Merchandise subject to retention of title can only be sold in the context of normal business practices and cannot be pledged or encumbered for any reason.
If a third party has seized the Merchandise subject to the retention of title, the Buyer shall inform that party of the retention of title and notify Tydden immediately.
The Buyer undertakes to keep the Merchandise subject to the retention of title insured against fire, explosion or water damage, as well as against theft. At the request of Tydden, the Buyer shall provide a copy of the insurance policy, as well as ensure that the rights of the insurance policy covering the Goods subject to retention of title are transferred to Tydden or that Tydden is subrogated thereto. Rights.
If the Buyer fails to fulfill its obligations or if there are valid reasons to fear that it will not do so, Tydden shall have the right to take back the Goods delivered to which the reservation of title mentioned in this paragraph applies (or to arrange for its recovery) from the Buyer or third parties who own the Merchandise on behalf of the Buyer. The Buyer will be required to cooperate fully under penalty of a fine of 10% per day of the amount payable for the Goods. Tydden will be entitled to retain such Merchandise until the purchase price, including interest, costs and damages, has been paid in full, or to sell the Merchandise to third parties, in which case the net proceeds will be deducted from the total amount payable for the Buyer.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
Tydden will retain the rights and powers that correspond to it by virtue of the legislation and intellectual and industrial regulations related to all the Merchandise that it delivers, provided that these rights do not belong to a third party.
The Buyer may not order copies of the Merchandise delivered by Tydden elsewhere or make imitations thereof that differ only in minute details from the Merchandise delivered, or engage directly or indirectly in such actions.
The copyright or any other intellectual property right in sketches, designs, models or prototypes in any stage of elaboration that are delivered and have been delivered or shown to the Buyer will remain the entire property of Tydden and may not be used in any other way than the agreed in writing and for that specific purpose only, and must be returned immediately to Tydden upon request. Any permitted use does not mean that the intellectual property rights have been transferred.
Without Tydden's prior written permission, Buyer may not copy photos, designs, brochures, videos, or other materials or use information from Tydden's website. Tydden's permission will not affect the rights of the author or rights holder of the information provided.
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material.
You will not try to gain unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website.
You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker.
Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
LINKS FROM OUR WEB PAGE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing.
By using this website, you agree that the majority of such communications with us will be electronic.
We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing.
This condition will not affect your rights recognized by law.
NOTIFICATIONS
The notifications that you send us should preferably be sent through our contact form, we can send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same moment in which they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
FORCE MAJEURE
In the event of force majeure, the obligations of both parties will be suspended until the force majeure situation has ended. If the force majeure lasts more than 3 (three) calendar months, either party will have the right to terminate the agreement without liability for any compensation to the other party.
"Force majeure" includes, in addition to the definition according to the legislation, war, military operations of any nature, blockades, prohibitions, import and export prohibitions or embargoes, or controls by or due to any government or power, quarantine, epidemic or pandemic , the failure of Tydden's suppliers or service providers to deliver on time or at all, the suspension of work by or a large number of sick leave among Tydden employees or its suppliers, or any other condition outside control of both parties.
Tydden also has the right to resort to force majeure if the force majeure situation begins after Tydden has fulfilled his obligations.
If, at the time when the force majeure situation begins, Tydden has partially fulfilled its obligations under the agreement or is still able to do so, then Tydden will be entitled to bill all parts of the agreement with which it has fulfilled or will fulfill. . In such a case, the Buyer is obliged to pay as if it were a separate agreement.
SUSPENSION AND TERMINATION
Tydden has the right to suspend, in whole or in part, the performance of its obligations under any agreement or to terminate the agreement:
to. If the buyer has not complied within the terms of the agreement, in whole or in part, with its obligations in accordance with the agreement and / or previous agreements;
b. If, having entered into the agreement, Tydden has good reason to fear that the Buyer will not be able to meet its financial obligations;
c. If the Buyer has not provided the requested warranty or an adequate warranty.
If, due to delay or other action by Buyer, Tydden cannot reasonably expect Buyer to perform the agreement on the originally agreed terms, then Tydden will have the right to cancel the agreement with immediate effect. In such event, the Buyer shall be liable to Tydden for all costs, damages or loss of profits suffered by Tydden.
Tydden has the right to terminate the Merchandise sale agreement or cancel the shipment of Merchandise at any time and, if terminated or canceled, Tydden will credit or refund Buyer for any terminated or canceled Merchandise for which Buyer has paid.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in them constitute the entire agreement existing between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned. in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make changes retroactively in said policies, Conditions or Privacy Policy, in in which case, the possible changes will also affect the orders that you had previously made.
APPLICABLE LAW AND JURISDICTION
The use of our website and product purchase contracts through said website or by offline means will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any questions, complaints or claims, through our contact form, by telephone, or by using the postal or email address indicated in these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact form.
Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered with an identifying code that we will make known to you and will allow you to track them.
If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address contact@Tydden.com in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us. on consumer affairs accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Promotional conditions
Through our Newsletter or different marketing actions promoted by TYDDEN.COM we could issue promotional codes for the benefit of our clients.
Each code will be regulated by specific conditions of use, (indication of validity time, discount offered, etc.)
The general terms of use of the promotional codes are the following, except that the opposite is not specifically indicated:
- They are not valid in conjunction with other offers, discounts and promotions.
- They are valid only for personal use and cannot be transferred to other users.
- They are not valid in any of our establishments.
To obtain the discount you must insert the promotional code in the field * PROMOTIONAL CODE "at the time of finalizing the order on our website www.Tydden.com
In the event that you have any incident when entering the promotional code, please contact our customer service department at our email address contact@Tydden.com.