TERMS AND CONDITIONS OF USE AND PURCHASE

1. General conditions:

The conditions described in this document constitute the terms and conditions that will govern purchase and sale relations between the online store of Metro de Madrid, S.A., with registered office at C/ Cavanilles 58, Madrid, 28007, and holder of tax ID number A-28001352, and the Internet domain www.latiendademetrodemadrid.com, (hereinafter, the "vendor") and the person who, once registered in accordance with the procedure established in point 2 of this document, browses the online store (hereinafter, the “customer”).

The vendor is not subject to other sale conditions than those described in this document. The unreserved acceptance of these conditions takes place through the commercial use of the website and the submission of the registration form and, at any event, by pressing the button to perform a purchase transaction which includes the mention “I have read and accept the sale conditions”. Should this button not be pressed, the purchase order will not take place.

No amendment to any of the provisions of these conditions will be valid without the written and explicit consent of the vendor and the customer.

To carry out any consultation, clarification or claim, you can contact Metro de Madrid on the phone number (34)91 779 63 98, from 08:00 to 22:00 hours, or through the contact form on the website.

The vendor may freely apply changes to the products offered in the online store or the prices applicable thereto.

Sales can only be made to Member States of the European Union.

2. Registration:

In order to purchase products offered in the online store, you must be previously registered. The customer, together with the delivery address and payment details, can be identified through this registration.

The registration and purchase of products from the online store may only be made by persons of legal age and minors authorised to that end by their legal guardian. Accordingly, registration explicitly means that one of these two conditions is met, together with liability for the truth of this statement.

Registration will be carried out by filling in the electronic form that will appear when accessing the store, according to the instructions contained therein, and means creating a user name and password.

3. Products offered and prices.

3.1. Each of the products is described by means of its main characteristics in the corresponding fact sheet and is offered in perfect conditions of use, in the same way as it is offered by its original producer or manufacturer to the vendor.

3.2. The price of any of the products indicated in the fact sheet does not include shipment costs.

3.3. Prices are shown in euros and stipulate the sales tax.

3.4. The prices shown for the products described only include those relating to the purchase of the specific item offered and, under no circumstance, include any industrial property right, intellectual property right (of reproduction, public communication, etc.) or copyright over the same, or over other works on which they might be based.

4. Order and confirmation:

The vendor shall clearly provide, before the customer confirms the order, all of the information necessary on the product and the sale and delivery conditions.

The customer is fully aware of the payment obligation deriving from the order and, to that end, by pressing the order button, expressly accepts this obligation.

Once the order has been made, the vendor will confirm this by acknowledging receipt via electronic mail or any other equivalent means of communication to the address previously provided by the customer within the following period of 24 hours.

5. Guarantee:

The customer enjoys a full guarantee regarding the products in the Metro de Madrid online store in the event of a lack of conformity upon delivery of the product.

The guarantee will not be valid in the event that any damage was caused for reasons not due to the vendor, external damage to the products and/or packaging, due to abnormal use or negligence in its use, conservation, introduction into packaging other than the original packaging, exposure to water, fire or high temperatures.

The guarantee, due to a lack of conformity, will commence on the date of delivery and continue for the legally provided period of two years pursuant to Article 123 of the Recast Text of the General Act for the Defence of Consumers and Users and other supplementary legislation, approved through Royal Decree 1/2007, of 16 November.

Unless evidence exists to the contrary, it shall be presumed that the lack of conformity within a period of six months as from the delivery of the product already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the conformity.

Six months after delivery, the purchaser must substantiate (through proof of existence) any defects in the products delivered.

In the event of a product defect, the vendor shall proceed, as appropriate, to the repair, replacement, price reduction or contract termination, actions that will be free of charge for the customer, and shall respond for the lack of conformity declared within a period of two years as from the delivery thereof. The customer must report their lack of conformity within a period of 24 hours.

6. Transport and conditions in the event of loss or deterioration:

The user/purchaser shall pay the price for the set of products requested in each order, plus the delivery and packaging costs which include the specific insurance policy offered by the transport company.

In the event of loss or deterioration, the purchaser may be entitled to compensation. Such compensation will be subject to the corresponding claim made by the customer to the vendor, and from the latter to the company responsible for shipment, and this will only become effective following a response from said company taking responsibility for said loss or deterioration, as well as for the payment settled by the latter by way of compensation and in line with the conditions of the insurance policy included in its services.

The vendor shall inform the customer, should the latter so request, of the conditions of the policy for the loss applicable to each type of shipment option offered. At any event, the customer accepts said conditions.

7. Shipment:

The vendor will do its utmost to ensure that the delivery date is as close as possible to the date indicated when the order is placed.

However, ,the customer accepts that all these delivery times as merely an approximate indication that may vary according to the specific circumstances of the size of the shipment, the destination, the circumstances of the transport/delivery company (including negligence on its part), and any other circumstance outside of the control of the vendor.

The customer may select the option “Collect from store” in the event of wishing to collect the order from the actual store located in Sol underground station (Puerta del Sol, 12, 28013 Madrid) or from the store located in Plaza de Castilla underground station (Paseo de la Castellana 189. 28046 Madrid). This option shall have no associated delivery cost. To select this option, the customer should present a printed sheet with the order confirmation and the ID card of the person who made the purchase. The order will be available for collection for 15 days after receiving the notification that their order is available in the corresponding actual Metro de Madrid store.

8. Shipping costs:

The shipping costs will be determined according to the weight and the delivery address supplied by the customer for each order. This cost will appear on the order for acceptance.

The delivery option “Collect from store” shall have no associated logistics costs.

No transport costs for orders over 50 euros to be delivered in Spain shall be applied.

9. Method of payment:

The vendor only considers final sales to be those where payment has been settled by the customer in advance of the shipment and delivery, through one of the methods of payment offered to this end.

When making the order, the customer may freely choose to pay for the purchases by such debit or credit cards as are accepted by the vendor (Visa, MasterCard or Maestro), or by “Paypal”.

The vendor cannot guarantee there will be no fraudulent action (e.g. phishing website to fraudulently obtain card information) or any type of computer crime. In these cases, Metro de Madrid notifies its exemption from liability.

10. Invoicing and VAT:

It is possible to input specific invoicing details when providing your delivery details.

The VAT corresponding to each article is set out in the price that appears on the order and in the shopping basket.

If the purchaser needs a full invoice, this may be requested by introducing the number of the simplified invoice through the contact form on the website.

11. Secure transactions:

Payments are settled using the protocols of Secure Electronic Transactions established by Visa and Mastercard for online authentication of the card-holder. The authentication system is the one previously established between the card-holder and their bank.

In addition, during the payment process, the CVV2 will be requested, which will be validated online with your financial institution.

12. Method and date of delivery:

Unless stocks have run out, which will be communicated to the user/purchaser, orders will be delivered to the location designated by the customer when contracting the service.

And subsequent change to the place of delivery requested by the purchase will be for the exclusive account of the customer.

The products will be delivered to the customer, together with the delivery note in which the details are set out that enable the customer to be identified, the order number, the number of products and, as the case may be, the products contained in the order.

In the event of the purchaser observing errors in the products received or if they can visually be seen to be damaged, they should record these circumstances through the contact form of the online store as soon as possible and, at any event, within one week of delivery.

In the event of a delay in the delivery of more than 20 days after the approximate date for reception and provided that this delay is due to the vendor, following a written complaint from the customer, the latter may unilaterally withdraw from the order, whereby the vendor will return amounts paid or agreed in the event of pre-payment, and whereby the customer should not proceed to make any claim for damages and losses, present or future, direct or indirect, even in the form of costs incurred or loss of profits. These time limits shall only apply to Spain.

Delivery dates may be affected by circumstances outside of the control of the vendor or the transport company, such as strikes, climate conditions, public disorder, fire, acts of terrorism, traffic accidents, war, earthquake, etc. The vendor assumes no liability for these delays and may not be subject to claims arising from these circumstances.

13. Return policy.

13.1 Legal right to withdraw from the purchase:

The customer is entitled to withdraw from the purchase within a period of 14 calendar days without the need for justification. To do this, it will be necessary for the customer or a third party as indicated by the latter, other than the transport company, to notify a clear decision to return the product. This communication may be performed by accessing the website www.latiendademetrodemadrid.com, as a registered customer. After clicking on your purchase order history, select the product in question, state the reason for the return and press “Return product”.

You may also exercise your right to withdraw by notifying Metro de Madrid at the following address:

Metro de Madrid S.A.

Servicio de Logística y Almacén, La Tienda de Metro de Madrid

c/ Néctar s/n

28022 Madrid (Spain)

You may use the standard form for withdrawal that appears as an “Annex” to the present terms and conditions, although its use is not obligatory.

The period for withdrawal expires 14 days after the time that the customer, or a third party as indicated by the latter, other than the transport company, took material possession of the goods. In the event that the goods that comprise the order are delivered separately, the period for withdrawal expires 14 days after the time that the customer, or a third party as indicated by the latter, other than the transport company, took material possession of the last item of these goods.

Once the decision to return the product is notified, the customer must send the product, together with the original packaging and labelling and proof of purchase. You will have a period of another 14 days as from the date on which your decision was notified to the vendor to make the return shipment.

The article(s) to be returned must be sent to the following address:

Metro de Madrid S.A.

Servicio de Logística y Almacén, La Tienda de Metro de Madrid

c/ Néctar s/n

28022 Madrid (Spain)

Once the shipment has been received and it has been verified that the product is in the same conditions as upon delivery, the vendor will settle repayment, within a period of 14 days, using the same method that the purchaser used to make the initial payment.

The vendor shall not settle repayment if the products are not in the same conditions as upon delivery or have been used aside from simply opening the product.

Neither will the return of the following products be accepted (except in the case of a defect):

- Personalised products

- Objects requested on demand

- Damaged goods

Consequences of the withdrawal:

In the event of withdrawal, all of the payment received will be repaid to the customer including the delivery costs without any undue delay and, at any event, at the latest 14 calendar days from the date on which the product was received. We will proceed to make repayment using the same method of payment employed by the customer in the initial transaction. No expenses will be for the account of the customer as a result of the refund. Notwithstanding the foregoing, repayment may be delayed until such time as the goods are received or until proof of their return has been substantiated, whichever takes place first.

At any event, the customer must assume the direct cost of returning the goods.

13.2. Return of defective or incorrect products:

If, at the time of delivery, the customer visibly and clearly realises, without the need to open the shipment packaging or the product packaging, that the product is defective caused by damage in transportation or realises a mistake has been made in the merchandise delivered, the customer should state this on the delivery note and communicate this to the vendor, through the web form available in their purchase order history. The time limit for demanding the return of the affected product(s) and accordingly, the replacement with a new product or the reimbursement of the price paid is 24 hours as from the delivery of the order.

Similarly, defects caused during transportation that are only seen after having unpacked the product should be notified in the first 24 hours as from the delivery of the order in the form indicated above, stating the order number, the damage caused to the product and demanding the return of the product affected and accordingly, the replacement with a new product or the reimbursement of the price paid for the same. In this case, the vendor will initiate the process to collect the order.

Subsequently, the vendor will examine the product and notify the customer as to whether they are entitled to return it.

The return or replacement of the article will be carried out as soon as possible and, at any event, within 30 days from the date on which the vendor sent an electronic mail confirming that it would proceed to the return or the replacement of the affected article.

14. Logistics costs for the return of products:

The vendor will assume the logistics costs associated with returned products in those cases of a mistake in the product ordered, a defect in the product that is duly substantiated and for damage caused during transportation.

For other returns, the logistics costs of said return will be for the account of the customer and depend on the manner in which the latter decides to make the said return.

15. Power to amend these terms and conditions:

The vendor reserves the right to modify the commercial offer available on its website at any time. These modifications may affect products, prices and other commercial and/or service conditions and may respond to different reasons. Modifications will not apply to contracts already entered into, which shall mean those that have been subject to confirmation on the part of the vendor.

16. Typographical errors:

In the event of detecting typographical errors, these will be corrected immediately.

Should any customer have made a purchase order based on a typographical error, the conditions expressed at the time the contract is entered into will be maintained.

17. Security in transactions:

The vendor strongly recommends its purchasers and interested parties to adopt electronic systems in electronic transactions that allow for maximum levels of security and, in particular, those that are indicated by the different providers of these services on their respective websites.

The vendor will not be held liable for faults or irregularities that originate in computer viruses, third party attacks, service outages or negligent actions on the part of users of the equipment with which they perform their online purchase transactions.

The vendor will not be held liable for unauthorised and/or fraudulent actions caused by a breach of the sale conditions and security recommendations made by the company.

18. Industrial and intellectual property rights and administrative authorisations:

The distinctive signs, logotypes, icons, trademarks and other industrial and intellectual property rights that exist on the website of the Metro de Madrid online store are the property of the company. Consequently, any use, manipulation or unauthorised use of the same is strictly prohibited, and Metro de Madrid reserves the right to take the corresponding legal action.

Furthermore, Metro de Madrid informs the users/purchasers of its products that by purchasing its products they acquire the physical ownership of the products but under no circumstance do they acquire the corresponding industrial or intellectual property rights.

The purchase of these products does not entail any form of licence or authorisation to use the designs, reproduce images, official signs incorporated or other integral parts of the products or that are the property of the company. These rights belong to Metro de Madrid and are under licence or reserved for its use in the corresponding official production.

19. Personal details and cookies policy.

Personal details:

Data controller

- Registered office: Metro de Madrid S.A. C/ Cavanilles 58. 28007 Madrid (Spain)

- Data protection officer: dpd@metromadrid.es

For any enquiry in relation to the processing of your data, please write to the Data protection officer at the email address contained on the previous line.

Your personal details will be processed with the aim of handling the data provided by the users of the Metro de Madrid online store website and their purchases, as well as to provide them with offers and other information relating to our online store.

Data processing is carried out by virtue of the consent you provide. Furthermore, it is necessary to process your data to satisfy the legitimate interests of Metro de Madrid, consisting of the defence of your rights vis-à-vis any ulterior claims via administrative and/or judicial proceedings that may arise.

Should you so wish, you may exercise the rights provided for in the prevailing legislation that may correspond thereto: of access, correction, deletion, limitation on processing, opposition and portability of the data, by making a request, either by electronic mail or post to the address set out hereinbelow, clearing indicating “Exercise of data protection rights”:

- By post: Metro de Madrid C/Cavanilles 58, 28007 Madrid (Spain). This should include a signed request and photocopy of your ID document and of an alternative document substantiating your ID.

- By e-mail: to the address of the Data protection officer of Metro de Madrid dpd@metromadrid.es. This should include a PDF document digitally signed with an authorised signature (FNMT or similar).

We shall keep your personal details indefinitely until consent is revoked by the holder thereof.

Notwithstanding the foregoing, the data may also be kept subsequent to the potential revocation, as demanded for the prescription of legal liabilities that may affect Metro de Madrid or the expiry of rights that may persist in light of legal action brought.

No transfer of data is provided for except following an order from any legal body, the public prosecutor’s office, the State law enforcement agencies or any other public authority.

You are entitled to make a claim before the Spanish Data Protection Agency if you do not agree with the processing of your personal details.

You can consult additional and detailed information of the rules applicable on the matter of data protection on the website of the Spanish Data Protection Agency at http://www.agpd.es.

You have the right to withdraw your consent at any time, without this affecting the legality of the data processing based on your consent prior to withdrawing it, which would mean that your details cease to form a part of the data files of users of the Metro website, and hence we would not be able to provide you with information on offers or on our online store.

However, your data may also be kept subsequent to the potential revocation, as demanded for the prescription of legal liabilities that may affect Metro de Madrid or the expiry of rights that may persist in light of legal action brought.

The preparation of profiles may also be included in the automated data processing.

Cookies policy:

This website uses cookies (small pieces of data that the browser sends to the user’s computer while browsing) for the correct operation and visualisation of the page by the user, as well as to gather statistics.

At the start of each session, information is shown about the cookies policy on the lower part of the web page. The following actions may be carried out after seeing this information:

• Accept: this notice will not be displayed again when accessing any page of the web during this session, and all cookies will be accepted.

• Reject: this notice will not be displayed again when accessing any page of the web during this session, but the cookies will be rejected. This could affect the navigation on the website and some functionalities could be affected.

• Cookie settings: you can get more information about what cookies are, find out about the cookie policy and modify your browser settings, or the initial settings of the page, in order to restrict or block cookies at any time. In the case of restricting or blocking cookies, the functionalities of the website may be reduced.

We use different cookies according to their typology:

• Necessary:These cookies are strictly necessary for the operation of the page. You can disable them by changing your browser settings, but you will not be able to use the page normally.

• Functional: These cookies provide information necessary for the applications of the website itself or other integrated third parties, if you disable them you may find some operating problems on the page.

• Performance: These cookies are used to analyze the traffic and behavior of customers on the page, they help us understand and know how to interact with the web in order to improve its operation.

• Targeted: These cookies can be from the site itself or from third parties. They help us create a profile of your interests and offer you advertising focused on your tastes and priorities.

The list of cookies used by the page La Tienda de Metro de Madrid and their duration is as follows:

Web

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Descripción

Tipo

Duración