Terms and Conditions of Use and Purchase

These Terms and Conditions govern access to, browsing and use of the website of THE MUSEUM CODE SL, as well as the purchase of products and, where applicable, the use of digital services associated with those products.

By accessing our website, placing an order or using our services, you accept these Terms and Conditions, together with our Privacy Policy, Cookie Policy, Shipping Policy and Returns and Refunds Policy.

If you do not agree with these Terms and Conditions, you should not use our website or make purchases through it.

1. Website owner details

The owner of this website is:

Company: THE MUSEUM CODE SL

Tax ID / NIF: B26841528

Registered office: Avenida de la Estación 1, 5A, Almería, 04005, Spain

Contact email: contact@themuseumcode.com

For any questions related to these Terms and Conditions, you can contact us at:

contact@themuseumcode.com

2. Purpose

Through our website, we offer the online sale of fashion products, clothing, accessories and other items related to the THE MUSEUM CODE brand.

Some products may include QR codes, dynamic links, digital profiles, technological functionalities or digital services associated with the physical product.

These Terms and Conditions govern both the purchase of physical products and, where applicable, the use of digital functionalities linked to those products.

3. Users

Our website may be used by any person who accesses it in accordance with applicable law and these Terms and Conditions.

By placing an order on our website, you declare that you are of legal age or that you have the authorisation of your parents, guardians or legal representatives to make the purchase, where such authorisation is legally required.

Children under the age of 14 must not provide personal data, create accounts, make purchases, activate QR codes, configure digital profiles or use digital services associated with the product without the authorisation of their parents, guardians or legal representatives.

The user undertakes to use the website lawfully, diligently and in accordance with these Terms and Conditions, applicable law, good faith and public order.

4. User account

To purchase through our website, it may be necessary to provide certain personal data, such as name, email address, shipping address, billing address, telephone number or information necessary to manage the order.

In some cases, the user may create an account to check orders, save addresses or facilitate future purchases.

The user is responsible for:

Providing truthful, up-to-date and complete information.

Maintaining the confidentiality of their access credentials.

Not sharing their account with unauthorised third parties.

Notifying any misuse or unauthorised use of their account.

THE MUSEUM CODE SL shall not be liable for damages arising from the misuse of an account where such use is due to the user’s lack of diligence.

5. Products

We try to display our products as accurately as possible, including images, descriptions, sizes, colours, materials, prices and main characteristics.

However, the user acknowledges that:

Colours may vary slightly depending on the device, screen or settings used.

Images may be for illustrative purposes.

Measurements may show small reasonable variations.

Availability of sizes, models or colours may change.

We reserve the right to modify, update or withdraw products from the website at any time, without prejudice to orders already confirmed.

6. Products with QR codes or digital functionalities

Some THE MUSEUM CODE products may include a QR code or other associated digital functionalities.

These functionalities may allow, among other things:

Linking the product to a link, profile, digital content or online destination.

Activating or configuring a QR code.

Modifying or managing certain content associated with the product.

Accessing complementary digital functionalities.

The user undertakes to use these functionalities lawfully and in accordance with these Terms and Conditions.

It is prohibited to use QR codes, digital profiles, links or associated services to host, link, distribute or facilitate access to content that is:

Illegal or contrary to applicable law.

Offensive, violent, discriminatory, defamatory or threatening.

Pornographic or sexually explicit.

Infringing intellectual or industrial property rights.

Infringing image rights, honour, privacy or data protection rights of third parties.

Containing malware, phishing, spam, fraud or any misleading activity.

Capable of damaging the reputation, security or operation of THE MUSEUM CODE SL, its users or third parties.

THE MUSEUM CODE SL may suspend, deactivate or remove access to QR codes, profiles, links or content where it detects use contrary to these Terms and Conditions, the law or third-party rights.

7. Purchase process

To make a purchase, the user must select the desired products, add them to the cart and complete the checkout process by providing the requested information.

Before confirming the order, the user may review:

Selected products.

Size, colour, model or variant.

Price.

Shipping costs.

Delivery address.

Payment method.

Total amount.

By confirming the order, the user declares that the information provided is correct and that they accept these Terms and Conditions.

Once the order has been placed, the user will receive a confirmation by email. This confirmation does not necessarily mean that the order cannot be reviewed or cancelled in the event of an obvious error, lack of availability, payment issue, suspected fraud or impossibility of delivery.

8. Product availability

All orders are subject to availability.

Although we try to keep the website stock updated, it may happen that a product, size, colour or reference is not available after the order has been placed, especially during launches, promotional campaigns or periods of high demand.

If a purchased product is not available, we will contact the customer to offer, as appropriate:

Waiting for restocking.

Replacing it with another available product.

Cancelling the order in whole or in part.

Receiving the corresponding refund.

We will not replace products without the customer’s consent.

9. Prices and taxes

Product prices shall be those displayed on the website at the time the order is placed.

Unless otherwise stated, prices are expressed in euros and include applicable taxes.

Shipping costs, where applicable, will be displayed separately before completing the purchase.

THE MUSEUM CODE SL reserves the right to modify prices, promotions, discounts and commercial conditions at any time. Such changes will not affect orders already confirmed, except in the case of an obvious error.

10. Errors in prices, descriptions or availability

The website may occasionally contain typographical, technical or update errors related to prices, descriptions, images, availability, shipping costs or promotions.

If we detect an obvious error in an order already placed, we will contact the customer to inform them and offer the possibility of confirming the order under the correct conditions or cancelling it with a refund of the amounts paid.

We shall not be obliged to accept orders based on obvious or manifest errors, especially where the price displayed is clearly incorrect.

11. Payment methods

The available payment methods will be displayed during the purchase process.

Payments may be managed through Shopify, external payment providers, bank cards, digital wallets or other methods enabled at any given time.

The user declares that they are authorised to use the selected payment method.

THE MUSEUM CODE SL does not directly store full bank card details. The processing of such data will be managed by the corresponding payment providers in accordance with their own terms and security measures.

12. Shipping

We currently ship only to mainland Spain.

Delivery times, costs, shipping methods, transport incidents, failed deliveries and other logistics conditions are regulated in our Shipping Policy.

In the event of any conflict between these Terms and Conditions and the Shipping Policy, the Shipping Policy shall prevail in relation to specific shipping and delivery matters.

13. Returns, exchanges and refunds

Returns, exchanges, withdrawal, personalised products, products with activated QR codes, defective products and refunds shall be governed by our Returns and Refunds Policy.

The user must review that policy before making a purchase.

In particular, certain personalised products, products configured according to the customer’s specifications, made-to-order products or products whose QR code has been scanned, activated, linked to digital content or used may not be eligible for withdrawal returns, except in the case of defect, damage, error or cause attributable to THE MUSEUM CODE SL.

14. Legal guarantee

Products sold to consumers shall be covered by the legal guarantee applicable under the relevant regulations.

If the product presents a lack of conformity, manufacturing defect or incident not attributable to the customer’s use, the consumer may exercise the rights recognised by consumer regulations.

The guarantee shall not cover damage arising from:

Misuse of the product.

Washing, handling or storage contrary to the instructions provided.

Normal wear and tear.

Accidental damage.

Modifications made by the customer or third parties.

Improper use of the associated digital functionalities.

Nothing in these Terms and Conditions limits the legal rights that may correspond to the consumer under applicable regulations.

15. Proper use of the website

The user undertakes not to use the website for unlawful, fraudulent, abusive purposes or purposes contrary to these Terms and Conditions.

In particular, it is prohibited to:

Use the website in a way that may damage, overload or impair its operation.

Introduce viruses, malware, malicious code or any harmful element.

Attempt to access systems, accounts, data or restricted areas without authorisation.

Impersonate another person.

Provide false, misleading or fraudulent information.

Use the website for spam, phishing, abusive scraping or mass data extraction activities.

Infringe intellectual property, industrial property, privacy, image or other third-party rights.

Use bots, automated agents or similar tools in a way that affects the operation, security or availability of the website.

THE MUSEUM CODE SL may restrict, suspend or block access to the website or certain services where it detects use contrary to these Terms and Conditions or applicable law.

16. Intellectual and industrial property

All website content, including trademarks, trade names, logos, designs, texts, images, photographs, videos, graphics, illustrations, icons, software, code, structure, design and other elements, is owned by THE MUSEUM CODE SL or by third parties that have authorised its use.

Access to the website does not grant the user any intellectual or industrial property rights over such content.

The reproduction, distribution, public communication, transformation, extraction, reuse or exploitation of the website content without prior written authorisation from THE MUSEUM CODE SL is prohibited, except where permitted by law.

17. Content provided by the user

If the user provides texts, images, links, profiles, digital content, designs, comments, reviews or other materials to configure a product, activate a QR code or use associated digital services, the user declares and guarantees that:

They have the right to use such content.

Such content does not infringe third-party rights.

Such content is not illegal, offensive, discriminatory, defamatory, misleading or contrary to these Terms and Conditions.

Such content does not contain viruses, malware or harmful elements.

The user shall be responsible for the content they provide, configure, upload, link or use through our products or digital services.

The user grants THE MUSEUM CODE SL a non-exclusive, free licence, limited to the time necessary, to use, reproduce, store, technically adapt, display or communicate such content only to the extent necessary to provide the contracted service, manufacture or personalise the product, activate the QR code, resolve incidents or comply with legal obligations.

18. Reviews, comments and feedback

The user may submit reviews, comments, opinions, suggestions or feedback about our products or services.

By doing so, the user guarantees that their content is lawful, truthful and does not infringe third-party rights.

THE MUSEUM CODE SL may use reviews, comments or feedback for internal, commercial or promotional purposes, always in accordance with applicable regulations and respecting data protection, consumer and advertising laws.

We reserve the right not to publish, to remove or to moderate content that we consider false, offensive, unlawful, abusive, irrelevant, promotional, fraudulent or contrary to these Terms and Conditions.

19. Third-party links

Our website may include links to third-party websites, platforms, social networks or services.

THE MUSEUM CODE SL does not control and is not responsible for the content, terms, policies, security or privacy practices of such third parties.

Access to third-party websites or services shall be under the user’s sole responsibility.

20. Relationship with Shopify

Our online store is hosted and operated through the Shopify platform, which allows us to offer online sales of our products and manage certain e-commerce functionalities.

However, purchases made in our store are made directly with THE MUSEUM CODE SL.

Shopify is not the seller in purchases made between the customer and THE MUSEUM CODE SL, without prejudice to Shopify acting as a technology provider of the platform and processing certain data in accordance with its own terms and policies.

21. Privacy and cookies

The processing of users’ personal data is regulated in our Privacy Policy.

The use of cookies and similar technologies is regulated in our Cookie Policy.

The user should review both policies to understand how we process personal data and how privacy preferences may be managed.

22. Website availability and operation

We try to keep the website available and functioning properly, but we do not guarantee that access will be uninterrupted, secure or error-free at all times.

We may temporarily suspend access to the website due to maintenance, updates, technical incidents, security issues or causes beyond our control.

Whenever reasonably possible, we will try to minimise the impact of such interruptions.

23. Liability

THE MUSEUM CODE SL shall be liable to the user in accordance with applicable regulations.

We shall not be liable for damages arising from:

Misuse of the website, products or services by the user.

Incorrect information provided by the user.

Breach by the user of these Terms and Conditions.

Failures, interruptions or incidents attributable to third-party providers, logistics operators, payment services, technology platforms or causes beyond our control, except where legally applicable.

Damage caused by third-party content, links or services.

Misuse of QR codes, links, profiles or digital content configured by the user.

Nothing in these Terms and Conditions shall limit or exclude the liability of THE MUSEUM CODE SL in cases where the law does not allow such limitation or exclusion.

24. Force majeure

THE MUSEUM CODE SL shall not be liable for failure or delay in performing its obligations where such failure or delay is due to force majeure or circumstances beyond its reasonable control.

Force majeure events may include, among others:

Strikes.

Serious transport incidents.

Natural disasters.

Pandemics.

Supply interruptions.

Widespread internet or technology service failures.

Acts of authority.

Conflicts, riots or exceptional situations.

25. Changes to the Terms and Conditions

We may modify these Terms and Conditions at any time to adapt them to legal, technical, operational, commercial or website functionality changes.

The current version will be the one published on this page at any given time.

Changes will not affect orders already confirmed, unless they are legally applicable or more beneficial to the user.

We recommend that you review these Terms and Conditions periodically.

26. Partial invalidity

If any clause of these Terms and Conditions is declared null, invalid or unenforceable, such clause shall be deemed deleted or modified to the extent strictly necessary, without affecting the validity of the remaining conditions.

27. Applicable law

These Terms and Conditions are governed by Spanish law.

In the event of a dispute, the parties shall submit to the courts and tribunals that correspond in accordance with the applicable regulations.

Where the user acts as a consumer, they may bring proceedings before the courts and tribunals of their domicile or before those otherwise competent under consumer regulations.

28. Customer service and contact

For any query, incident, claim or communication related to these Terms and Conditions, you can contact us at:

THE MUSEUM CODE SL

Email: contact@themuseumcode.com

Address: Avenida de la Estación 1, 5A, Almería, 04005, Spain

Tax ID / NIF: B26841528

Using the subject line:

Terms and conditions / Order [order number]