General Conditions of Sale

GENERAL CONDITIONS OF SALE

These General Conditions of Sale (hereinafter the "Conditions"), together with any special conditions that may be established, regulate the relationship between STUDIO MAISON, S.L. (hereinafter "STUDIO MAISON") and third parties (hereinafter the "BUYER") for the purpose of acquiring products offered by STUDIO MAISON both through its web page and through other sales channels. The identification details of the person responsible for the website are:

STUDIO MAISON, S.L.

TAX IDENTIFICATION CODE (CIF):

B10927291Tax address: Paseo del Mar, 42 (11310), San Roque, Cádiz, España
E-mail address: info@maisonsoto.com
Public registry: volume 2450, page 154, page number CA-60889
These Conditions are deemed to be accepted unreservedly by the BUYER. STUDIO MAISON reserves the right to update the content of the present Conditions and to communicate it, as far as possible, to the BUYER.
In the case of a purchase made through the STUDIO MAISON website, and once the PURCHASER has read and agrees with the content of these Conditions, he/she must click on the button indicated as "I accept the General Conditions of Sale". Otherwise, he/she will not be able to continue with the purchase process or it will be null and void.

In the case of a purchase made through the STUDIO MAISON website, and once the PURCHASER has read and agrees with the content of these Conditions, he/she must click on the button indicated as "I accept the General Conditions of Sale". Otherwise, he/she will not be able to continue with the purchase process or it will be null and void.

Definitions

1.1. For the purposes of the Conditions, the following definitions shall apply:

STUDIO MAISON: STUDIO MAISON, S.L., with Tax Identification Code B10927291, a Spanish company with address at Paseo del Mar, 42, Sotogrande, 11310, San Roque (Cádiz) and registered in the Commercial Registry of Cadiz, volume 2450, page 154, page number CA-60889; Email: info@maisonsoto.com; Telephone: +34 637806248.
BUYER: any natural person or legal entity that purchases products or services from STUDIO MAISON and who is not considered a consumer and user for the purposes of Royal Legislative Decree 1/2007, of 16th November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, LGDCU).
BUYER-CONSUMER: any natural person who acquires products or services from STUDIO MAISON with a purpose unrelated to their commercial, business, trade, or professional activities shall be considered a Consumer. This also applies to legal entities and entities without legal personality that acquire products or services from STUDIO MAISON and operate without profit in a context unrelated to commercial or business activities. The Buyer-Consumer will be regarded as a consumer for the purposes of the LGDCU.

However, any reference made with regard to the BUYER shall also be understood to be made with regard to the BUYER-CONSUMER, unless expressly indicated to the contrary or when such references are contrary to consumer protections regulations.

PRODUCTS: all goods that STUDIO MAISON makes available to its customers through its different sales channels. However, any reference made to PRODUCTS shall also be understood to refer to the SERVICES that STUDIO MAISON makes available to its customers, unless otherwise indicated.
SERVICES are understood to be all those services provided by STUDIO MAISON which do not consist of the sale of products (e.g. workshops).
CUSTOM-MADE PRODUCTS: all those products which, outside of STUDIO MAISON's standard offer, have been made exclusively according to the wishes and requirements of the BUYER.

Scope of application and validity

2.1. These Conditions shall be applicable to any contract of sale or provision of services by STUDIO MAISON, except for any special conditions that may be agreed with the BUYER.

2.2. These Conditions shall be deemed accepted by the BUYER from the moment they have been expressly informed of their existence. In the case of a purchase made through the STUDIO MAISON website, these Conditions shall be considered accepted by clicking the designated button provided for this purpose. Otherwise, the BUYER will not be able to proceed with the purchase process, or it will be deemed null and void.

2.3. STUDIO MAISON's modification of the present Conditions will not affect contracts that have already been perfected.

2.4. Once these Conditions have been communicated, from the moment in which they are considered accepted by the BUYER on the basis of the provisions of condition 2.2, all operations carried out between the latter and STUDIO MAISON will be subject to these Conditions, provided that there is no express agreement between the parties to the contrary.

2.5. Any condition proposed by the BUYER other than those herein, which is not expressly accepted in writing by STUDIO MAISON, shall not be effective and binding.

Product choice

3.1. The BUYER is solely responsible for the choice of the product which is the object of the sale and purchase, as well as the use or function for which it is intended.

3.2. Consequently, STUDIO MAISON cannot be held responsible nor guarantee that the product will be suitable for the applications intended by the BUYER.

3.3. It is recommended to read all the information on the product data sheet and to communicate any doubts before purchasing it.

3.4. In the case of CUSTOM-MADE PRODUCTS, they shall be made following as far as possible the specifications of the purchaser and within the technical capabilities of both STUDIO MAISON and its suppliers.

Availability

4.1. STUDIO MAISON's commitment to the BUYER is subject to the availability of the product that is the object of the transaction. STUDIO MAISON, in its commitment to quality and customer service, will at all times endeavour to ensure that the products advertised are available.

4.2. However, in the exceptional circumstance of the unavailability of the product which is the object of the contract, the contract will be cancelled, and STUDIO MAISON will reimburse the PURCHASER for the amounts paid, without the latter being entitled to any compensation for breach of contract, consequential damage or loss of profit.

4.3. Alternatively, STUDIO MAISON undertakes to offer the PURCHASER another article of similar characteristics to the one purchased (always with the customer's consent).

4.4. The availability of the SERVICES offered by STUDIO MAISON is not governed by the contents of these conditions. Their availability will depend solely and exclusively on the prior request of the PURCHASER.

4.5. In the case of CUSTOM-MADE PRODUCTS, these will be made to the customer's request, with the availability of the same being limited to the number of units requested by the BUYER in his order.

Orders

5.1. As a general rule, STUDIO MAISON deals exclusively with sales orders. Exceptionally, and always at the request of the BUYER and with the express written authorisation of STUDIO MAISON, deposit orders will be accepted.

In these exceptional cases, orders will be subject to a different invoicing method. In this sales method, the BUYER shall inform STUDIO MAISON each month of any surplus stock. STUDIO MAISON will then draw up the corresponding invoice, which must be paid for within 2 working days.

5.2. The order may be placed by the BUYER by any means made available by STUDIO MAISON, including, but not limited to, the website, e-mail or telephone.

In the case of CUSTOM-MADE PRODUCTS and SERVICES offered by STUDIO MAISON, these may only be carried out by e-mail, and may not be carried out in any case through the website. In the case of these SERVICES, they must be agreed between the BUYER and STUDIO MAISON at least 2 months in advance.

5.3. The BUYER, when placing an order, must detail as exhaustively as possible (i) the product to be ordered, as stated in its catalogues, website, offers or consultations; (ii) the number of units; and (iii) the place of delivery as well as.

5.4. When placing the order, the BUYER is informed of the price of the PRODUCT or SERVICE and of the shipping and delivery costs, the period of validity of the offer and the price, undertaking, upon acceptance of the offer, to receive the products or services and to pay the agreed price, including, where applicable, the delivery costs, without prejudice to what will be said about the possibility of modification and/or cancellation in the following general condition.

5.5. The order shall only include the products detailed in the offer or quotation expressly accepted by the BUYER.

5.6. STUDIO MAISON will not require a minimum order in order to carry out the transaction.

Modification and cancellation of order and services

6.1. The BUYER may request the cancellation of the order within 1 working day from the time the order is placed. This cancellation is subject to prior communication by e-mail from the BUYER to STUDIO MAISON, who shall decide whether to accept the aforementioned cancellation request.

If the PURCHASER cancels an order in breach of the provisions of the previous paragraph, he/she shall be required to pay one hundred percent (100%) of the amount of the order, excluding taxes, in settlement of the damages caused and, insofar as it may exceed these, as a conventional penalty clause. STUDIO MAISON shall not be obliged to reimburse any advance payment received.

6.2. The above shall not apply to the BUYER-CONSUMER, provided that the cancellation of the order is made within 14 calendar days and in accordance with the right of withdrawal that he/she has, and which is set out in the 14th general condition herein.

6.3. With regard to order modifications, STUDIO MAISON reserves the right to accept modifications expressly requested by the BUYER by e-mail, provided that the request is made on the same day as the order to be modified.

6.4. In the exceptional case of acceptance by STUDIO MAISON of a proposed modification of an order by the BUYER, this may entail a change in the price of certain elements of the transaction (such as transport costs) and will release STUDIO MAISON from the agreed deadlines for its execution.

In this case, both the request for modification and the acceptance of the modification must be made in writing.

Refusal of orders and/or delivery

7.1. STUDIO MAISON may refuse the order and the supply of the products ordered, in the event that the buyer has outstanding payments, and without the BUYER being able to claim compensation or indemnity of any nature whatsoever.

Delivery period

8.1. The estimated delivery time of the products, within the European Union, is 3 to 5 working days from receipt of the order and depending on available stock. However, the aforementioned delivery times are merely indicative, and the BUYER shall not be entitled to any compensation for any delays in delivery.

8.2. The contents of the previous section shall in no case be applicable to CUSTOM-MADE PRODUCTS. In the case of the latter, the delivery period shall depend on the type of work requested and the number of units contained in the order. Therefore, the delivery time in the case of CUSTOM PRODUCTS shall be that agreed between STUDIO MAISON and the BUYER.

8.3. STUDIO MAISON endeavours to respect the indicative delivery time indicated in the acceptance of the order.

8.4 The delivery period shall commence as soon as the order is confirmed by STUDIO MAISON. The delivery period shall be deemed to be completed when the delivery is ready for dispatch at the agreed place.

8.5. The delivery period will be reasonably extended if, for reasons beyond STUDIO MAISON's will and control, the delivery date cannot be met.

8.6. Likewise, the delivery period shall be extended if the BUYER changes the original order or falls behind in its contractual obligations, especially if the BUYER has delayed the delivery of the necessary documents or has delayed the agreed payments.

8.7. In the event of a possible excessive delay in delivery, attributable to STUDIO MAISON, the PURCHASER shall have the option to terminate the contract if it so wishes. This contractual termination shall in no case be automatic and shall only be possible upon written request for cancellation by the PURCHASER.

Force Majeure

9.1. STUDIO MAISON may suspend or delay the delivery of the products, due to Force Majeure, without any liability on its part for the time that may be reasonably necessary under the circumstances.

9.2. Force Majeure shall be considered to be those events beyond the control of the parties, which cannot reasonably be foreseen and which, if foreseeable, cannot be avoided, insofar as their occurrence makes the performance of the obligations impossible.

9.3. Cases of Force Majeure include, but are not limited to, strikes by suppliers, transport and services, failures in third party supplies, failures in transport systems, natural disasters, floods, storms, riots, strikes or other causes not attributable to STUDIO MAISON as well as other causes of force majeure contemplated in current legislation that may directly or indirectly affect the activities of STUDIO MAISON.

9.4. In such cases, STUDIO MAISON undertakes to inform the Client as soon as possible of the existence of the cause of Force Majeure, as well as its foreseeable duration. Likewise, STUDIO MAISON will also communicate the cessation of the cause, specifying the time in which it will comply with the obligations suspended due to it.

Transport

10.1. The transfer of ownership of the goods shall only take place after full payment of the price as well as any interest and costs for late payment, by the BUYER, irrespective of the date of delivery.

However, the risks and costs of all kinds relating to the products purchased are transferred to the BUYER from the time of delivery.

10.2. All goods travel at the customer's risk, STUDIO MAISON shall not be held liable for any risk of deterioration or loss of the goods.

10.3 For any purchase below the indicated thresholds that gives rise to full or partial coverage by STUDIO MAISON, the BUYER shall be informed of the shipping costs of the purchased product, which shall be fully or partially at their expense and must be paid in full. Customs duties shall be borne exclusively by the BUYER and must be paid by the BUYER upon delivery of the product.

10.4. Damage and defects caused to the products from the time they are at the BUYER's disposal shall be the responsibility of the BUYER.

10.5. All STUDIO MAISON products are delivered to the carrier after careful quality and packaging control. It is therefore up to the BUYER to carefully examine and recognise the quantity and quality of the products received. Once examined, the products shall be deemed to be accepted by the BUYER, who shall waive all claims.

10.6. In the event that the BUYER notices damage or defects in the packaging or in the product itself at the time of delivery, he/she must immediately notify STUDIO MAISON or, at the latest within one (1) day since the delivery took place. Once this period has elapsed, the BUYER will lose all action and right to make a claim for this reason against STUDIO MAISON.

Prices

11.1. The BUYER may at any time ask STUDIO MAISON for the price of the products in which it is interested. These prices shall only be valid for the period indicated by STUDIO MAISON in its communications with the BUYER. In the event that no period of validity is indicated, this shall be understood to be 15 days.

11.2. The price invoiced will be, in all cases, the price in force at the time the order is placed by the BUYER and accepted by STUDIO MAISON.

11.3. The prices expressed to the PURCHASER shall always be expressed in euros and shall not include VAT or any other taxes, duties, transport costs or other items, which shall be borne by the BUYER. Therefore, the price of the product purchased will be increased by the aforementioned mentioned items, these being specified in the corresponding quote.

11.4. The prices may be modified by STUDIO MAISON, and the BUYER shall be entitled to withdraw from the contract if it does not suit him/her within a period of 5 days from the notification of the new prices, after which time they will be considered as validly accepted by the BUYER for all purposes.

11.5 Any information relating to the prices of the articles which is published in media such as catalogues or websites is not be considered as an offer. In the event of discrepancies between prices, the price of the offer or order accepted by the BUYER shall always prevail.

Methods and conditions of payment

12.1. The only valid terms of payment shall be those included in the offer, order, quotation or invoice accepted by both the BUYER and STUDIO MAISON and shall be governed by the provisions of Law 15/2010, of 5 July, amending Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions.

In the case of a BUYER-CONSUMER, the aforementioned regulations shall not apply, the payment conditions being those agreed between the latter and STUDIO MAISON.

In the event that no payment conditions are agreed, the BUYER must pay in advance.

12.2. In the case of what we qualify as SERVICES and CUSTOM-MADE PRODUCTS offered by STUDIO MAISON, such as workshops, as well as in the case of corporate gifts, the payment of the same will be divided in two payments: a first payment of 50% of the total amount to be made at the time of the confirmation of the quotation by the BUYER, and a second and final payment of the remaining 50% of the total amount within a maximum period of 1 week from the time of the workshop or event.

12.3. The agreed payment dates must be met by the BUYER, even in those cases where the delivery is delayed due to reasons beyond STUDIO MAISON's control.

12.4. If STUDIO MAISON deems it appropriate because of the financial position of the BUYER, STUDIO MAISON may request such guarantees as it deems necessary to ensure the due fulfilment of the BUYER's contractual obligations and may in the meantime suspend deliveries.

12.5. As a general rule and unless otherwise agreed in writing, STUDIO MAISON shall invoice each of the BUYER's orders individually, issuing the invoice within 3 working days following the date of the delivery note.

12.6. The amounts stated on the invoices are not subject to negotiation or discount.

12.7. All bank charges arising from possible non-payments shall be passed on to the BUYER.

12.8. In the event of delay or non-compliance with agreed payments by the BUYER, he/she will be obliged to pay STUDIO MAISON, without the need for any prior requirement and from the payment due date, the late payment interest provided for in article 7 of Law 3/2004, of December 29. The interest payment will not release the BUYER from the obligation to make the rest of the payments under the agreed conditions. Likewise, when the client is in default, he/she will be obliged to pay STUDIO MAISON the compensation for collection costs provided for in article 8 of the aforementioned regulations.

Furthermore, STUDIO MAISON will have the right to claim compensation from the BUYER and additional compensation if the recovery costs actually incurred are higher than the aforementioned amount, upon presentation of supporting documents.

12.9. STUDIO MAISON reserves the additional rights to: (i) go to the competent court in order to put an end to this possible breach; and/or (ii) suspend and/or cancel the delivery of confirmed orders in progress; and/or (iii) exercise the rights inherent to the reservation of domain formulated and accepted in these Conditions.

12.10. For those purchases made through the STUDIO MAISON website, the BUYER-CONSUMER has the following payment methods available:

Debit or credit card: for payment by debit/credit card, the BUYER-CONSUMER must follow the instructions that appear on the sales screen, providing the number and type of card, as well as the name of the owner and its security code. Payment by credit card will be made through the Banco Santander payment gateway. The bank details entered are encrypted and transmitted securely to the bank's servers and are subsequently verified with the issuing bank to avoid possible fraud and abuse. STUDIO MAISON does not have access to the bank details linked to these payment methods and does not know or record these data during the payment transaction.
Bank Transfer: if you use this means of payment, orders will be processed once the payment is confirmed. This process may delay shipping depending on the bank from which the transfer is made.

Exercise of reservation of title rights

13.1. STUDIO MAISON will retain ownership of the product supplied until full payment by the BUYER. The BUYER authorizes STUDIO MAISON to register his reserve ownership in public records or archives and will be required to give any signature necessary for this.

13.2. STUDIO MAISON may exercise the reservation of title rights under these Conditions for any of its claims, on all its products held by the BUYER, presumed unpaid, and STUDIO MAISON may take them, return them or claim them as compensation, to the extent possible, of all the buyer’s unpaid invoices, without prejudice to its right to terminate ongoing sales.

13.3. The BUYER undertakes to inform STUDIO MAISON without delay of any intervention, embargo or claim by a third party that may violate its property rights over the products, so that STUDIO MAISON can oppose it. Likewise, the BUYER is obliged to warn about STUDIO MAISON's ownership of the products in the act of diligence carried out at the time of the embargo or intervention that occurs.

Right of withdrawal

14.1. The CONSUMER-BUYER has the right to withdraw from the order within 14 calendar days from the date of receipt, provided that the product remains in its original, unused condition. This withdrawal can be exercised without justification and without any penalty, by notifying it in writing via email to info@maisonsoto.com. For this purpose, the BUYER-CONSUMER may use the withdrawal form template included in Annex I B of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. Alternatively, the BUYER-CONSUMER may make an unequivocal statement expressing their decision to withdraw from the contract.

14.2. This right of withdrawal shall not apply in cases involving products that:

Are non-standard, made to the consumer’s specifications, and/or clearly personalized;
By their nature, cannot be returned, may deteriorate, or are likely to expire rapidly; and/or
Are sealed and cannot be returned for reasons of health or hygiene protection if unsealed upon delivery.

14.3. If the BUYER-CONSUMER exercises the right of withdrawal, STUDIO MAISON shall reimburse all payments received within a maximum of 14 calendar days from the date on which the decision to withdraw from the contract is communicated, and once STUDIO MAISON has received and verified the product. The time required for the refund to appear in the BUYER-CONSUMER's bank account will depend on their banking institution. However, STUDIO MAISON may withhold reimbursement of the amounts paid by the BUYER-CONSUMER until the product has been returned or proof of its return has been provided.

14.4. The BUYER-CONSUMER must fully assume the direct cost of the return of the products by virtue of the exercise of his right of withdrawal.

14.5. Returns will not be accepted, and no refund will be issued if the product is not in its original condition and/or has been used, is not in the same state as it was delivered, and/or has suffered any damage.

14.6. In accordance with the contents of article 103 section C) of the LGDCU, the BUYER-CONSUMER shall not enjoy the aforementioned right of withdrawal in the case of CUSTOM-MADE PRODUCTS.

Buyer’s failure to perform

15.1. In the event of non-performance or failure to perform any of the obligations of the BUYER on time or properly, as well as in the event of a declaration of bankruptcy, liquidation or dissolution of its company, STUDIO MAISON shall be entitled to give notice of the total or partial termination of the contract, as well as the suspension of its performance in whole or in part.

STUDIO MAISON shall not be liable for any damages, without prejudice to any other rights of the BUYER.

15.2. In the event that the BUYER fails to pay on time or in full, the BUYER shall, at the first request of STUDIO MAISON, return the unpaid products.

If the products are not returned by the BUYER, STUDIO MAISON, without prejudice to its other rights and actions, shall be entitled to recover the products sold without the need for a new summons, notification or judicial intervention.

Returns and resales

16.1. In the event that the BUYER is not acting as a consumer or user, STUDIO MAISON will not accept returns of any type of product, once it has been received to the BUYER's satisfaction or made available to him.

16.2. Exceptionally, STUDIO MAISON may, at the written request of the BUYER, accept the return of standard products provided that the following conditions are met:

The product must be new, i.e. unused.
That it is in its original packaging, unopened and in good condition, as if it was a new product.
That the product is not a special product or made according to the specifications of the BUYER.
That the product is not damaged or has not been damaged in any way.

16.3. Once STUDIO MAISON has authorised the return of the product, the PURCHASER must return the product within 7 calendar days from the date of receipt of STUDIO MAISON's acceptance, carriage paid.

16.4. In the event of a return, STUDIO MAISON undertakes to reimburse the BUYER exclusively 100% of the price of the goods at the time of delivery, excluding shipping costs.

This will only be the case if the goods are in perfect condition at the time of receipt by STUDIO MAISON.

16.5. The risks relating to the return of the product shall always be borne by the BUYER.

16.6. The reseller BUYERS are responsible for their relationship with the final consumer and STUDIO MAISON cannot therefore be held responsible for any liability arising from events subsequent to the delivery of the product, except in the cases expressly provided for by law.

16.7 In the case of CUSTOM-MADE PRODUCTS, no type of return is permitted.

16.8. In the case of the SERVICES offered by STUDIO MAISON, no refunds are allowed due to the very nature of the same.

16.9. Likewise, STUDIO MAISON may offer BUYERS acting as resellers (retailers) the possibility to purchase product samples at a reduced price of 50%, strictly non-resalable and intended solely for promotional purposes or prior purchase evaluation.

16.10. STUDIO MAISON may provide complimentary glass display domes to BUYERS acting as retailers, provided a minimum order amount to be negotiated with STUDIO MAISON. These domes are strictly for in-store product display and may not be resold.

Quality

17.1. All the products supplied by STUDIO MAISON have been subjected to several quality controls that guarantee their correct functioning.

STUDIO MAISON is constantly striving to improve its products. STUDIO MAISON reserves the right to modify, delete or supplement its products, without prior notice and without this constituting grounds for complaint.

Guarantee

18.1. STUDIO MAISON products are guaranteed for 1 year from the time of delivery, against any manufacturing, design or material defect. Within the guarantee period, STUDIO MAISON undertakes to replace or reimburse, at the BUYER's choice, the products recognised as defective.

18.2. The following are excluded from the guarantee:

STUDIO MAISON products that have been modified by the BUYER.
Damage caused to the product as a result of normal use, taking into account its nature, function and composition.
Defects of the product resulting from incorrect storage, conservation or maintenance, as well as those derived from incorrect use or use not in accordance with the technical specifications of the same.
Damage caused to the product by external objects or events such as accidents, knocks or fire.
Damage caused by unforeseeable or, if foreseeable, unavoidable events, such as fortuitous event and/or force majeure.

18.3. The replacement of the defective product shall not have the effect of extending the duration of the warranty period.

18.4. The guarantee is in favour of the BUYER and is non-transferable.

18.5. STUDIO MAISON's guarantee is subject to the timely fulfilment of the payment conditions agreed with the BUYER.

18.6. Due to their very nature, the SERVICES offered by STUDIO MAISON will be excluded from the aforementioned guarantee.

Limitation of liability

19.1. STUDIO MAISON's liability for claims arising from the performance or non-performance of its contractual obligations shall not exceed, in the aggregate, the basic contractual price and shall in no event include damages arising from loss of profit, loss of revenue, production or use, capital costs, downtime costs, delays and claims of the BUYER's customers or any special, indirect or consequential damages or losses of any kind.

STUDIO MAISON shall only be liable for remedying defects in the delivery itself.

19.2. The limitation of liability contained in this clause shall prevail over any other limitation contained in any other document that is contradictory or inconsistent with the present clause, unless such a provision further restricts the liability of STUDIO MAISON.

19.3. STUDIO MAISON shall in no event be liable to the BUYER or to third parties for acts or deliveries made on the basis of information that is unclear, erroneous, incomplete, untruthful, untrue, false or careless, which has been supplied, directly or indirectly, by the BUYER, or by any third party.

19.4. This condition shall not apply to the BUYER-CONSUMER, who shall be entitled to claim for damages and losses that are recognised in accordance with current legislation.

Industrial and intellectual property

20.1. The sale of the product by STUDIO MAISON shall in no case convey any licence under any patent relating to the products or their composition, and the BUYER expressly assumes all risks of patent infringement by reason of use or sale of production.

20.2. All designs, compositions and flavourings constituting the product supplied to the BUYER are the exclusive property of STUDIO MAISON, which expressly reserves all intellectual and industrial property rights.

20.3. Accordingly, the BUYER undertakes not to carry out any act likely to infringe the industrial property rights of STUDIO MAISON, whether registered or not. Thus, the BUYER undertakes not to imitate, directly or indirectly, the products supplied by STUDIO MAISON.

20.4. In the case of CUSTOM-MADE PRODUCTS, including, for example, logos of other companies, STUDIO MAISON is obliged to obtain written authorisation from the owners of these logos which shall in no case become property of STUDIO MAISON.

20.5. Regarding the SERVICES offered by STUDIO MAISON, such as workshops, it should be noted that both the content and the materials delivered during the workshops are the exclusive property of STUDIO MAISON, and STUDIO MAISON is therefore the owner of the industrial and intellectual property rights relating to them. The reproduction of the aforementioned contents and materials by any person outside of STUDIO MAISON will constitute an infringement of the aforementioned industrial and intellectual property rights.

Catalogues and documents

21.1. The data contained in the catalogues and technical documents shall only be binding if explicitly stipulated as such in the same.

21.2. All documents provided by STUDIO MAISON to the BUYER shall be considered the exclusive property of the former and shall be considered confidential and may not be transferred under any circumstances or for any reason whatsoever to third parties, nor may they be copied or used without the prior consent of STUDIO MAISON.

Insurance

22.1. The benefit and risk of the supplies shall be transferred to the BUYER once they are ready for dispatch on the agreed terms and conditions.

22.2. In the event that the delivery of the goods is delayed for reasons beyond STUDIO MAISON's control, the deliveries shall be stored and insured at the expense and risk of the BUYER. The transport shall also be carried out at the cost and risk of the BUYER.

22.3. The PURCHASER shall be responsible for insuring the supplies against any type of risk.

22.4. STUDIO MAISON may ask the BUYER for a photocopy of the last paid invoice justifying the punctual payment of the premiums corresponding to such insurance. The insurances referred to must have a minimum duration equal to the duration foreseen for the execution of the order.

Safety

23.1. As far as reasonably practicable, STUDIO MAISON has ensured that its products have been designed and manufactured to be safe and without risk to health when properly installed and used correctly in accordance with the specifications provided by STUDIO MAISON.

The scented products produced by STUDIO MAISON comply with norm EN 15494-19. In addition, these candles are labelled with the legal information required by law.

The BUYER is responsible for any risk to the health or safety of persons in relation to the products under his possession or control and must ensure that persons using or handling such products are adequately trained and provided with the necessary safety information.

23.2. During the provision of the SERVICES offered by STUDIO MAISON, such as workshops, STUDIO MAISON undertakes, as far as is reasonably practicable, to proceed in accordance with the highest safety standards, with the aim of not causing any type of damage or risk to the health of the attendees, as long as they comply with the indications given by STUDIO MAISON's representative.

Both the PURCHASER and the users who enjoy these SERVICES are responsible for any damage that may occur during the celebration of the same provided that this is attributable to them.

Assignment of contracts

24.1. Neither STUDIO MAISON nor the BUYER shall assign the contract without the written consent of the other party.

Severability

25.1. These Conditions shall be deemed severable and if any of them is invalid for any reason whatsoever, the remainder shall remain in full force and effect.

25.2. The parties agree that, in the event of any provision of these Conditions being declared invalid by a court, they will negotiate in good faith a mutually acceptable substitute for such invalid provision so that the economic balance is maintained.

Language

26.1. In the event of any discrepancy between texts in Spanish and texts in any other language relating to the sale of STUDIO MAISON products, the text in Spanish shall prevail.

Applicable law and jurisdiction

27.1. Any question relating to these Conditions, as well as to the sales governed by them, insofar as they are not to the extent that they are not covered by these Conditions, shall be governed by Spanish law.

27.2. Any dispute which may arise from the application or interpretation of these Conditions shall be subject to the jurisdiction of the Courts and Tribunals of the town of San Roque, expressly waiving any other applicable jurisdiction.

27.3. Notwithstanding the above, any controversy that may arise between STUDIO MAISON and the BUYER-CONSUMER shall be submitted to the jurisdiction of the Courts and Tribunals of the place of residence of the BUYER-CONSUMER or of the place of performance of the obligation.

Confidentiality, protection and processing of personal data

28.1. In accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights, the personal data provided by the BUYER will become part of STUDIO MAISON's customer file, the purpose of which is to maintain the contractual relationship, the control and management of sales and their corresponding collections. STUDIO MAISON will treat this data with the utmost confidentiality and undertakes not to use them for any purpose other than that for which they have been collected, as well as to keep them with the appropriate measures to guarantee their security and avoid their alteration, loss, unauthorised processing or access.

28.2. STUDIO MAISON undertakes to maintain professional secrecy with respect to the aforementioned personal data, even after the end of the contractual relationship.

28.3. Such data will be kept for the time necessary for the performance of the contract and in accordance with the provisions relating to the statute of limitations. They shall not be disclosed to third parties unless a legal obligation so provides.

28.4. The BUYER has the possibility of exercising its rights of access, rectification, cancellation and opposition by sending a written communication to STUDIO MAISON by email to the following address: info@maisonsoto.com.

Acceptance by the buyer

29.1. These Conditions are accepted by the BUYER, who declares and acknowledges that he has read them, accepted them, and hereby renounces to rely on any contradictory document or summary.

Customer support

30.1. For any doubt, query or complaint about the product or the sales procedure through the website or other commercial channel, the BUYER may contact STUDIO MAISON by any of the following means:

E-mail: info@maisonsoto.com
Telephone: +34 637806248