These general terms and conditions govern the sale of products through the online shop tienda.masterkool.es (the “Shop”).
1. Seller
- Company name: Home Garden & Lifestyle Solutions, S.L. (“Masterkool”).
- Trade name: Masterkool® España.
- Tax ID (CIF): B98407034.
- Registered address: C/ Camino de la Caseta 1, local 1-D, 29670 San Pedro Alcántara, Marbella (Málaga), Spain.
- Telephone: +34 952 787 881. Email: info@masterkool.es.
2. Scope
These terms apply to all orders placed in the Shop by consumers and by businesses or professionals (the “Customer”). Placing an order implies acceptance of these terms. The version in force on the date of the order applies.
Provisions referring to consumers apply only to those who qualify as such under Spanish Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Protection of Consumers and Users (“TRLGDCU”).
3. Delivery area
The Shop accepts orders for delivery to mainland Spain and the Balearic Islands. Orders for the Canary Islands, Ceuta, Melilla or other countries cannot be processed online; the Customer may request a quotation at info@masterkool.es.
4. Products
Products are described as accurately as possible. Photographs and configuration images are for guidance only and may show slight differences in colour or finish from the actual product.
Online payment is available for orders of €800 or more.
5. Prices
Prices are shown in euros and include VAT. Shipping costs, where applicable, are shown before the order is confirmed. Unless expressly stated, prices do not include installation.
Masterkool may change its prices at any time. The price in force when the order is placed applies.
6. Ordering process
6.1. The Customer selects the products and, where applicable, their configuration, adds them to the cart, enters their details and makes the payment. Before confirming the order, the Customer can review and correct the information entered.
6.2. Once the order is placed, the Customer receives an email acknowledging receipt and summarising its content. This acknowledgement does not constitute acceptance of the order.
6.3. The contract is concluded when Masterkool confirms acceptance of the order or, failing that, when the goods are dispatched.
6.4. The contract may be concluded in Spanish or English. Masterkool keeps the electronic record of the order, which the Customer may request at info@masterkool.es.
7. Pricing errors and unavailability
If a product is published at an obviously incorrect price (for example, significantly below its usual market price) or is unavailable, Masterkool will inform the Customer before dispatch. The Customer may either confirm the order at the correct price or cancel it. If the order is cancelled, the amount paid will be refunded using the same payment method within 14 days.
8. Payment
8.1. Payment is made by credit or debit card through the Redsys secure payment gateway. Masterkool does not have access to or store card details.
8.2. For Tuuci parasols, the Customer may choose to pay the full amount or a 50% deposit. In the latter case, the balance is paid before dispatch, through a payment link that Masterkool sends when the goods are ready to ship.
8.3. Orders agreed by telephone or email may be paid through a payment link.
9. Delivery
9.1. Orders are delivered by courier to the address provided by the Customer.
9.2. Delivery times are approximate and given in good faith; they depend on manufacturer availability and on transport incidents. As a guide, Tuuci parasols in stock in Europe are delivered within 2 to 5 weeks, and those manufactured in the United States within 12 to 16 weeks. If the Customer needs delivery by a specific date, they should ask before placing the order.
9.3. If Masterkool fails to deliver within the agreed period, the consumer may grant an additional reasonable period and, if delivery is still not made, terminate the contract, in accordance with article 66 bis of the TRLGDCU.
9.4. The Customer should check the packaging upon delivery and record any visible damage on the carrier’s delivery note. Damage found when unpacking should be reported to Masterkool, with photographs, within 48 hours. This notice helps the claim against the carrier and does not limit the consumer’s statutory rights.
9.5. Risk of loss or damage passes to the Customer when the Customer, or a third party designated by them, takes physical possession of the products.
10. Right of withdrawal
Consumers have 14 calendar days from receipt of the order to withdraw from the contract without giving any reason. The right of withdrawal does not apply to products made to the Customer’s specifications, such as Tuuci parasols (except the M1 Classic with white canopy), or to purchases by businesses or professionals. The procedure and conditions are set out in Returns and warranty.
11. Warranty
All products are new and genuine. Consumers benefit from the statutory conformity guarantee of three years from delivery, under articles 114 et seq. of the TRLGDCU. Commercial guarantees offered by some manufacturers are stated on the product page or in the product documentation and do not affect the consumer’s statutory rights.
12. Installation and use
Electric heaters must be installed by a qualified electrician, in accordance with the Spanish Low Voltage Electrotechnical Regulations and the manufacturer’s instructions. Gas and bioethanol appliances must be used in accordance with the manufacturer’s instructions. Damage resulting from incorrect installation or use is not covered by the warranty.
13. Data protection
The Customer’s personal data are processed in accordance with the Privacy policy.
14. Customer service and complaints
The Customer may send enquiries and complaints to info@masterkool.es or call +34 952 787 881. Official complaint forms are available to consumers.
15. Governing law and jurisdiction
These terms are governed by Spanish law. Consumers may bring claims before the courts of their place of residence. For purchases by businesses and professionals, the parties submit to the courts of Marbella (Málaga).