Condiciones generales | La nube Colchones

This document establishes the conditions that govern the use of this website (portal), and the purchase of the products offered on it. By placing an order through this website or using it, you give your consent to be bound by the following general conditions, please read them carefully. At La Nube Colchones we follow the recommendations of the Community of Madrid for good writing and reading at

< https://www.comunidad.madrid/servicios/consumo/condiciones-generales-atencion-letra-pequena >.

María Del Carmen Cruz Lara, with NIF (ID) nº 34015139W, and registered office at C/ Ejido Plaza de Toros nº 64, local bajo izquierda, zip code 14900, in Lucena (Córdoba), Spain, with telephone number 744 65 45 27, and email: lanubecolchones1@gmail.com , operates under the registered trade name La Nube Colchones, and is the owner of this website (online store) with the domain:

<URL: https://www.lanubecolchones.com/ >

Terms

1. Access to the website <URL: https://www.lanubecolchones.com/ :>

By accessing this website, the user agrees to:

Make use of the portal (website) in accordance with the law.
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.
Make use of this website to consult or place legally valid orders.
Do not make false or fraudulent orders. If an order of this type had been made, we would be authorized both to cancel it and to inform the relevant authorities.
Provide your personal contact information truthfully and accurately. For the correct processing of your order, we need your: shipping address; email; full name, contact telephone number and/or other data that we will indicate to you if necessary - see below -.
Give your consent to the use of your personal data, both to contact you and for logistical and commercial purposes. Keep in mind that if we do not have all your data, we will not be able to process your order. See the detailed data processing conditions in section 11, below.
Recognize that all trademarks, trade names or distinctive signs, of any kind, that appear on the portal (website) are the property of Mª del Carmen Cruz Lara or third parties, after the use or access to the portal and/or services, It does NOT grant the user any rights over the aforementioned trademarks, trade names, and/or distinctive signs.
Recognize that the contents of the portal are the intellectual property of Mª del Carmen Cruz Lara or third parties, and it is understood these are not assigned to the user in any way or manner - by virtue of what is established in these general conditions of purchase and use of the website -. Besides the user has none of the exploitation rights that exist or may exist on said content, beyond what is strictly necessary for the correct use of the services portal.

2. Pricing policy:

The prices on this page include VAT and door-to-door transport, but, in the case of bases with folding covers (articulated bed bases), upholstered bases or bed bases, they do not include the price of assembly.
The price of each product will be the one established at any time on the page ( https://www.lanubecolchones.com/ ). We try to ensure that the prices displayed on the website are correct. If La Nube Colchones detects an error in the prices of the products you have selected, you will receive notice as soon as possible, offering you the possibility of reconfirming the order with the new prices or cancelling it.

3. Scope:

The scope of sale of this website (portal) and the prices published on it are only for mainland Spain. However, La Nube Colchones can offer personalized prices by telephone, for shipments to Insular Spain – Canary and Balearic Islands-, Ceuta and Melilla. The prices will increase based on the specific quotes of our carriers, for the approximate date of delivery to the address of our extra-peninsular client, and must be confirmed by email.

4. Handling and shipping

The transport cost is included for Peninsular Spain, door to door, in La Nube Colchones y Descanso, except in the special conditions for deliveries and returns in sections 5, 6 and 7 below.
The merchandise will be delivered and includes home delivery, but does NOT include unpacking, assembly, or removal of used mattresses or mattress material. La Nube Colchones will not assume any cost or extra service, this being, if necessary, the responsibility of the client.
The delivery service will be carried out from Monday to Friday, expressly excluding Saturdays, Sundays and national or local holidays. During the purchase process, the delivery time of the order, decided by the transport company, will be indicated.
The merchandise that is sent through the transport company, will be delivered within the approximate schedule established by it.

Claims for transport damage:

Very important: It is mandatory to check the product at the time of delivery. Any damage to the packaging must be indicated on the delivery note. In case of breakage or damage, you have to reject the delivery: You must not sign the delivery note, in this way the product can be sent to you again. It is the only way to know if the mattress has been damaged during transport.
Very important: Claims for damages related to transport and logistics will not be accepted, once the merchandise has been received and the delivery note has been signed by the client.

5. Delivery Time:

La Nube Mattresses maintains an excellent value for money, thanks to its low transport prices. In general, the delivery time will be from 7 to 10 working days, which may vary depending on: The type of product selected, the transport company that makes the delivery, and the volume of orders that La Nube Colchones has at that time. The terms are approximate and may vary for reasons beyond the control of La Nube Colchones. If this happens, you will receive information about it.

In particular, the deadlines are extended from 7 to 15 working days for:

FOLDABLE CANAPÉS: Shipping includes delivery to the address. It does not include assembly costs.
The PILLOWS. These will only be delivered through a transport agency, if they accompany an order for a sofa, bed base, upholstered base or mattress.

The delivery time of the products may be increased due to the following circumstances, of which customers will be informed in advance:

1. Customised or bespoke, special design orders

2. Any special circumstance outside La Nuble Colchones' control

The delivery time will start counting from the moment your order leaves our facilities. You will be notified via email and/or telephone of this circumstance, and then the transport company is responsible for coordinating the delivery of the order. This is so, as long as you have provided us with the correct contact and shipping information, including the email address.

If the delivery date cannot be met, you have the possibility to continue with the order, with a new delivery date, or to cancel the order with a refund of the price you have paid. However, the credit card or other financial costs will be deducted, in case you decide to cancel the other and communicate it to us.

It will not be considered non-delivery if:

If there are special circumstances that prevent the delivery related to the customer's building or address, of which we were not been informed in La Nube Colchones. In this case, the client assumes the additional costs of transport and manufacturing or adaptation related to the merchandise, quoted by each transport company and manufacturer. We mean the costs of delivery and the costs of return. See section 6, for the special circumstances.
It is the client's obligation both to verify these special circumstances and to communicate them to La Nube Colchones.
If after several attempts, we could not locate the buyer with the contact information that he had provided us, the merchandise will be kept in storage for 30 days from the time the online purchase is made. If the client does not contact La Nube Colchones within 90 days of the sale, the amount will be refunded by transfer, deducting the costs of transfer and transport to your home.
If the client, after confirming the date and place of delivery with the carrier, wants to delay the delivery date of the order, La Nube does not accept changes to the confirmed dates.
Nor will it be considered non-delivery, if the client does not appear to receive the delivery, at the place and time agreed to make it.
In these last two cases (4 and 5), delays and that the client does not show up, or wants to postpone the delivery, the client will bear the costs of transporting: the costs of delivery, as well the costs of return of the merchandise to our facilities. In the case of re-sending returned merchandise to the customer's address, confirmed by the customer, he/she will also bear these additional transportation costs.

6. Special circumstances in the shipment of the merchandise:

La Nube Colchones, except in exceptional circumstances, will serve orders within the periods established in section 5, sending an order confirmation by email.

Special Circumstances Related to Access the Area Surrounding the Address:

The order will be understood as delivered when you receive it at your home. The reception of the merchandise implies its acceptance. Freight forwarders usually need the signature of the person receiving the order, this being proof of the order as delivered.
If your delivery area is a limited loading and unloading area, you must inform us so that we can solve future problems for the vans. You are responsible for the correct delivery of the product, as well as transport and upholstery costs if delivery cannot be made, if you have not duly informed us of these impediments to delivery, restrictions or area conditions.
If the order could not be delivered due to special circumstances and you have not informed us, you can cancel the order, but the transport costs generated by the delivery and return, as well as the upholstery of the products, will be at your expense.

Special circumstances relating to your own home, house or apartment:

La Nube Mattresses has bulky products for sale that may have difficult access to your building or your own home. These are difficulties in the access roads; stairs, doors, size of the ceilings of the stairs to go up to the floors, or any other circumstance of the area, urban planning, or construction that prevents putting the merchandise inside your home.

The client will have the obligation to inform the Nube Colchones and the transport company in advance, of all those special circumstances that may prevent access to their home or delivery address of the merchandise, once the transport company has appeared in the vicinity of your home. If these special circumstances are not reported and the product cannot be delivered, all expenses related to the delivery, the return of the products, subsequent deliveries, as well as those caused by the manufacture, shipment and modification of the order will be borne by the customer. For example, expenses related to mattresses, upholstery, or custom or personalized products.

The transport company, in principle, will not make deliveries through windows or involving heights, that is, by building facades or interior patios, nor will they use any pulley system to introduce the order in the building or in the home itself. If the special conditions had not been communicated, and the transport company decided to offer a solution of this type to the client, once in person at the domicile of the customer, it is a matter in which La Nube Colchones would not have any competence or responsibility, and the additional costs would be borne by the client and paid to the transport company.

7. Cancellations and defects:

The value for money of our mattresses is quite good and our carriers are competent. However, in the unlikely event that the customer decides to cancel the order because the product is defective, La Nube Colchones will only send the amount that has been paid, by confirmed bank transfer. Of course, once La Nube Colchones has received the amount of the product guarantee or an equivalent mattress in good condition from the same manufacturer. See the section on guarantees, later in section 10 for more information on this, to see what is covered and what is not covered by the guarantee.
However, the customer will be responsible for the transport costs of the delivery and return, until La Nube Colchones can verify the status of the product, according to the quote of our transport company at all times.
When La Nube Colchones verifies that the mattress or the merchandise is in perfect condition, and perfectly packed (without opening the packaging bag that surrounds it), the cost of transport and amount of the merchandise will be refunded, if there were defects, in the account indicated by the client. Otherwise, the order will be cancelled, deducting from the amount of the sale, the delivery and return transport costs, as well as the bank transfer.

8. Financial services and forms of payment:

La Nube Colchones offers you four forms of payment: Credit or debit card, Paypal, cash payment in-store and bank transfer.
In addition, we offer financing services - managed in our physical store or by telephone -, through the company COFIDIS SA. These services can be managed by phone or in person, once the documentation has been received by mail or on paper in person.
Important: The right of withdrawal of the loan contracted to buy merchandise, in view of cancellations due to defects or returns, entails financial costs that the client has to assume, and these are not the responsibility of La Nube Colchones.
The right of withdrawal can be exercised against the financial company in the 14 days following the purchase. However, La Nube Colchones acts solely as an intermediary to facilitate purchases, not being responsible for the consequences of the cancellation and costs of the financial contract. All financial expenses, such as interest, opening and closing expenses, set by the finance company will be paid by the client.

9. Returns and right of withdrawal:

If you are not satisfied with the merchandise received, you can obtain a refund, exercising your right to cancel the order, within the first 14 calendar days of receipt.

Whenever you exercise your right of withdrawal, you will have to bear the costs of transporting the merchandise, both for delivery to your home and for the return to our facilities. These costs, quoted by our transport company, will be deducted from the amount of the return, as well as the bank transfer costs related to it.
To exercise this right, you will have to communicate it to La Nube Colchones, through the withdrawal form , previously communicating with us at all the addresses on the page - telephone, physical and email -, so that we can process it. You will also have to send us a photo or graphic support so that we can verify that the product is in perfect condition. The product must be in its original packaging, not have been opened, and not have been used.

Therefore, there are some cases in which the applicable legislation does NOT recognize this right of withdrawal, exceptions are included in the following conditions:

For hygiene reasons, unpacked and used sleep products will not be subject to return, except after verification by the supplier of manufacturing or transport defects. To return the product, the customer must ensure in advance that the merchandise is properly protected and sealed so that it does not suffer any damage during transport. Neither the carrier nor the supplier will be responsible for damages caused in transport due to insufficient packaging.
It will not apply to product changes, promotions or discounts that the initial order may have had, or any other promotion that is in force at the time the change is made.
In addition, there are a number of items for which the right of withdrawal cannot be exercised:

Articles of special measures manufactured expressly and/or articles of exact measures.
Personalized items. All those in which the upholstery is chosen.
Bedding that is not in its original packaging, and without unsealing.
Items manufactured expressly following customer specifications.
Handmade mattresses made to measure.
Pillows
Pet mattresses.

A special measure will be understood as all twin mattresses and all those measures that are not available on our website. Personalized items will be understood as those in which the customer chooses aspects of it, such as upholstery.

Cancellation of orders before leaving the factory :

La Nube Colchones, informs you that you can cancel the order before it leaves our facilities in accordance with the following conditions:

If the order is cancelled without being manufactured and therefore La Nube Colchones has not incurred any expenses, the amount paid will be refunded within 14 days of purchase, deducting the transfer costs, in the case of having paid all or part of it. Or the order will be cancelled without any payment in cases where you have not made any disbursement of money.
If your order has been cancelled and it has already been manufactured, we will pay you the amount minus the fabrics and costs related to its manufacture. Remember that the order must be cancelled quickly since it is manufactured expressly in order to meet the delivery deadlines.
If your order has been sent and you do not want to receive it, in addition to the fabrics used in its manufacture, you may be charged for the expenses caused by the shipment of the merchandise and return for rejection of the same.

La Nube Colchones informs you that all this will apply as long as your client has been unequivocally informed that the requested mattress has been ordered and manufactured to meet its delivery deadlines. Otherwise, the order will be paid to the customer.

10. Specific conditions of the guarantee:

Under Law 23/2003, all products have a legal guarantee against manufacturing defects for 2 years, offered by the manufacturer. The same manufacturer can offer up to 5 years of warranty for the product. Please, it is recommended to check the specific guarantee for each product in the online store files.

Warranty coverage

To claim possible defects in a product covered by the guarantee, the original purchase invoice must be attached. In addition, La Nube Colchones can request photos, videos, and another graphic supports to be able to study the product and coordinate with the manufacturer. The transportation costs from the customer's address to our facilities, so that the condition of the merchandise is verified by La Nube Colchones and/or the manufacturer, will initially be paid by the customer. See section 6, which explains the procedure for cancellation and/or return of merchandise, if this is your case.

If the documentation and evidence referred to in the previous paragraph are provided, the manufacturer is responsible for:

Repairing or replacing any of the damaged parts of the product at no charge to the customer, as long as these have manufacturing defects.
The decision to repair or replace defective products will be made by the manufacturer, as a professional, and taking into account the nature of each product. La Nube Colchones will act as an intermediary between the manufacturer and the client.

To check the warranty period, in months or years, you must do it in each file and product documentation of the manufacturer and the online store, where it is reported. However, there are cases in which the guarantee is not applicable:

All mattresses, bed bases, upholstered bases and other sleep products available at La Nube Colchones are purchased with a tolerance of +/- 3 cm, due to the materials with which they are manufactured. That is to say, this tolerance can move between 3 cm more than and 3 cm less, and can be given both in width, length and thickness. A loss of 3 cm in the height of the mattress is considered normal and there may be some marks left after mattresses are used. In these cases, returns are not accepted.
From the beginning of the use of the mattress, there is a normal settling of the internal layers that hovers around 20% (UNE-EN 1334:1996 standard), which can lead to a loss of firmness. This is a completely normal circumstance, which does not give the right to any redress or compensation. In these cases, returns will not be accepted.
Viscoelastic mattresses can be used with both a slatted bed base and an upholstered base. Tatamis may not be used, these are not covered by the guarantee.
If any other type of support is used, such as tatamis, maximum care must be taken to ventilate them, since on these surfaces the correct aeration of the mattress is prevented and moisture stains may appear that will not be covered by the guarantee.
The guarantee of our mattresses will be cancelled if the support used is a spring base, as it is not compatible with our products.
Mattresses with pocket springs can only be used with an upholstered base, if another support is used, the guarantee is lost.
The bases with folding covers (articulated bed bases) of La Nube Colchones, will only perform their opening function with the mattress already placed on top. Do not try to forcefully lower the cover without first placing the mattress on top, as it will not work and could break the hydraulic system. This assumption is not covered by the warranty.
La Nube Mattresses will not cover any damage due to improper use. There is a certain set of proper uses that will be indicated in our datasheet as suitable for articulated bed bases, those not covered will be deemed improper.
The electric articulated bed bases (like those in hospitals) must be in a flat position to activate the articulation system to lift them, with the mattress in place and the sleeper lying on top. Do not try to activate the articulation mechanism without having followed the instructions that we indicate, since it could cause damage. This case is not covered by the warranty.

It is also not included in the warranty:

Those defects due to Improper use; poor storage; dirt; use of force; water or fire damage; excessive loads; humidity or stains on the mattress, use of chemical products, and arrangements made by third parties
The use of the mattress without an adequate base, and eventually deformed or in poor condition.
Those holes, stains in the fabric, loose threads, and other similar imperfections, which are not both claimed and documented at the time of delivery of the mattress. See section 10, on what is meant by suitable bases depending on the type of mattress.

Rules of use:

Latex, viscoelastic, or foam mattresses can be folded and rolled up, without harming their qualities, characteristics or performance. You must use them the day after they are received. La Nube Mattresses will not be held responsible if this premise is not followed for any damage or change in the characteristics of the product.
Do not jump or stand on the mattress.
Bending the corners of the mattress can be detrimental to mattresses that are not likely to roll.
A base or foundation in poor condition will damage your mattress.
It is advisable to keep the mattress clean and protected from moisture and external agents with a cover.
It is important and recommended to use a base, bed base or canapé from the same company and the same size as the mattress.
It is convenient to change the position of the mattress once a month, turning over the mattress - in those special mattresses in which it can be done -. Latex mattresses should also be turned upside down and bottom-up. Do not perform this action on memory foam mattresses that online have one side.

11. Data protection:

In accordance with the provisions of the European Union Regulation (EU) 2016/679, of April 27, 2016 and the Spanish Organic Law 3/2018 of December 5th, we inform you that personal data and email addresses, collected from the interested party, will be treated under the responsibility of María del Carmen Cruz Lara (La Nube Colchones), in order to provide you with the requested services or information about them. Likewise, we request your consent to communicate with you occasionally, in order to offer you products and services related to those contracted, and those of your interest and to retain you as a customer. These will be kept as long as the business relationship is maintained, or for the time necessary to comply with legal obligations, and meet the possible responsibilities that may arise from the fulfilment of the purpose for which the data was collected. The data will not be transferred to third parties except in cases where there is a legal obligation. We inform you that you can exercise your rights of access, rectification, portability and deletion of your data, and those of limitation and opposition to its treatment, by contacting by email or postal mail to the contact addresses of our data controller, on our website and at the beginning of this list of conditions, accompanying a copy of the DNI or Passport. If it is considered that your treatment does not comply with current regulations, you can submit the appropriate claim to the Spanish Agency for Data Protection, at the contact addresses and relevant channels on its page, at <URL: aepd.es >.

12 Arbitration and conciliation:

For arbitration and conciliation situations, in the event of any incident or disagreement, the client and La Nuble Colchones agree to resolve them in the Courts and Arbitration Courts of Lucena, province of Córdoba (Andalusia; Spain).
For more information, consult the links of the Community of Madrid and Andalusia (in Spanish):

https://www.juntadeandalucia.es/organismos/saludyfamilias/servicios/actualidad/noticias/detalle/249570.html

https://www.juntadeandalucia.es/presidencia/portavoz/social/141099/Consumo/ConsumoResponde/consumidores/devolutiondeproductos/rightofdesistimiento/ConsejeriadeSaludyFamilias/JuntadeAndalucia

13. Use of the page:

Viruses, trojan horses, logic bombs, or any other disruptive or harmful programs or material may not be intentionally introduced into this website. Any attempt to access this website or its server is unauthorized. You agree not to attack this website by any means.
Failure to comply with these rules carries sanctions typified by the Law, access to the page will be blocked, and the authorities in this regard will be informed.
La Nube Colchones is not responsible for any damage resulting from a computer attack, virus or denial of service that may affect your computer.

14. Links:

Those links, banners, buttons, directories and search tools that allow you to access third-party websites, that is, sites linked to the website (online store) of La Nube Colchones, and the effects of accessing them, will not be the responsibility of La Nube Colchones.

These links, sites or directories are provided in order to make it easier for users to search for or access information, content and services available on the Internet. La Nube Colchones has no control or responsibility for those links or directories and will try to ensure that they are safe. However, it has no responsibility for the consequences of accessing these sites, links or directories, and that their contents may be illegal or contrary to morality or good customs.

La Nube Colchones neither supplies nor markets, either by itself or through third parties, the information, content and services available on the sites linked to its website (online store). Nor does it control them prior to their use, approve, recommend, monitor or consider them their own. The user, therefore, must be extremely cautious in assessing and using the information, content and services on the linked sites.

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