Terms and Conditions

These General Conditions of Use and Contracting (hereinafter, Conditions) regulate the use and access to the website https://www.morfeo.com (hereinafter, the Website), owned by Morfeo Descanso S.L.U (hereinafter, Morfeo) for the users of the Website (hereinafter, User or Users) as well as the contractual relationship of purchase and sale between Morfeo and the User during the process of contracting the products offered by Morfeo through the Website.

The access to the Web Site implies the knowledge and acceptance of these Terms and Conditions, as well as being of legal age and being of sound mind for the possibility of acquiring any of the products available in the Web Site.

Access and Registration

The User guarantees that all the data about his/her identity that he/she voluntarily provides when accessing Morfeo in its forms are true, exact and complete. In the event that the User provides any false, inaccurate or incomplete information or if Morfeo considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of such information, Morfeo may deny him/her the access and present or future use of the Website or any of its contents and/or services.

Obligations of the User

The User is responsible for having the necessary services and equipment to surf the Internet and to access the Website. In case of any incidence or difficulty to access the Website, the User can inform Morfeo who will proceed to analyze the incidence and will give indications to the User about how to solve it as soon as possible.

The User is completely responsible for the access and correct use of the Web Site and its contents and services in accordance with the current national or international law, as well as with the principles of good faith, morality, good customs and public order. And specifically, it acquires the commitment to diligently observe the present Conditions.

Users shall refrain from using the Website for illicit purposes or effects that are detrimental to the rights and interests of third parties, or in any way damage, disable, affect or deteriorate the Website, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Website to other Users.

Morfeo shall not be held responsible for any editorial responsibility, and expressly declares that it does not identify itself with any of the opinions that may be issued by the Users of the Web Site, for the consequences of which the issuer of such opinions is entirely responsible.

Those who do not comply with such obligations shall be liable for any damage or harm they may cause. Morfeo shall not be liable for any consequence, damage or harm that may derive from such unlawful access or use by third parties.

In general, the User undertakes, by way of example and without limitation, to:

• Not to use the Website for illegal or unauthorized purposes;
• Not to host, store, disclose, publish, distribute or share any content that may involve unlawful interference or infringement in any way of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, of minors;
• Not to publish in any section of the Website or in their own or another User's profile User No comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
• Not to alter or modify, in whole or in part, the Website, circumventing, disabling or otherwise manipulating the functions or services of the same;
• Not to infringe industrial and intellectual property rights or the rules governing the protection of personal data;
• Not to use the Website to slander, defame, intimidate, violate the self-image or harass others. Users;
• Not to access the e-mail accounts of other Users. Users;
• Not to introduce computer viruses, defective files, or any other computer program that may cause damages or alterations in the contents or systems of Morfeoor third parties;
• Not to send massive and/or repetitive e-mails to a plurality of persons, nor to send e-mail addresses of third parties without their consent;
• Not to carry out advertising actions of goods or services without the previous consent of Morfeo. Morfeo.

Any User can report another User when he/she considers that he/she is not complying with the present Conditions, also all Users can inform Morfeo of any abuse or violation of the present conditions, through the e-mail info@morfeo.com. Morfeo will verify this report, as soon as possible, and will adopt the measures it considers appropriate, reserving the right to remove and/or suspend any User from the Website for breach of these Conditions. Likewise, Morfeo reserves the right to remove and/or suspend any message with illegal or offensive content, without prior notice or subsequent notification.

Morfeo's Responsibility

Morfeo does not control and will not be responsible for the contents posted by the Users through the Website, being the Users the only ones responsible for the legal adequacy of such contents.

Morfeo has no obligation to control and does not control the use that Users make of the Web Site and, therefore, does not guarantee that Users use the Web Site in accordance with these Conditions, nor that they make a diligent and/or prudent use of it. Morfeo is not obliged to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data provided by them.

Morfeo excludes any liability for damages of any nature that may be due to the unlawful use of the Website by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any nature that may be due to the impersonation of a third party made by a User in any kind of communication made through the Website.

Notwithstanding the above, Morfeo reserves the right to limit, totally or partially, the access to the Website to certain Users, as well as to cancel, suspend, block or delete certain kind of contents, by means of the use of technological instruments suitable for such purpose, if it has effective knowledge that the activity or the information stored is illicit or that it harms goods or rights of a third party. In this sense, Morfeo will be able to establish the necessary filters in order to avoid that through the service could be spread in the network illicit or harmful contents.

Morfeo will not be responsible in case of interruptions of the service, connection errors, lack of availability or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.

Morfeo is not responsible for the security errors that may occur nor for the damages that may be caused to the User 's computer system (hardware and software), files or documents stored in it, as a consequence of:

• The presence of a virus in the computer system or mobile terminal of the. User that is used for the connection to the services and contents of the Web Site;
• A malfunction of the browser; as well as the use of non-updated versions of the same.

Purchase Process

The User will be able to purchase the products offered by Morfeo through the Web Site by introducing the requested data in the corresponding form of the purchase gateway of the Web Site. Afterwards, the User will have to follow all the steps of the purchase procedure indicated by the Web Site.

Likewise, the Web Site's purchase gateway will inform the User, once the purchase procedure has been completed, via e-mail, of all the relevant characteristics of the purchased product. If the User does not receive the confirmation e-mail within twenty-four hours after the completion of the purchase, it will be the responsibility of the User to confirm with Morfeo the approval of the transaction.

The prices of the products offered in the Web Site include the Value Added Tax (VAT) or other taxes that may be applicable and in any case will be expressed in Euro currency (€).

The orders placed in Morfeo' s Web Site will be governed by the prices offered for each product at the moment of placing the order. The applicable prices will be those automatically published during the purchase process in the last phase of the same. The User will always be informed of the final price of the purchase of a product prior to the completion of the purchase gateway.

Methods of payment

The User may make the payment by selecting one of the payment methods available on the Website (payment by credit card, payment in installments, payment by bank transfer, payment with PayPal). Some payment methods may involve a surcharge on the final price for which the User will be informed each time in advance.

In particular, the User must take into account the following:

• Payment by credit card: the User will be able to make the payment of his order by debit or credit card. The Web Site uses the payment gateway of an external supplier (Banco Sabadell) although it is integrated in the Web Site of Morfeo.
• Payment by transfer: the User must make the transfer to a bank account of Banc Sabadell that will be indicated at the end of the purchase process. The User at the moment he/she makes the transfer, must indicate in the concept of the transfer the order number that will be provided by Morfeo at the end of the purchase process. The User is aware and accepts that the method of payment by bank transfer may imply a delay in the delivery of the order, since Morfeo will not start the preparation of the shipment until it has checked that the amount transferred matches the exact amount of the order. Morfeo will not assume any kind of cost for possible bank commissions that may be applicable. User will have to assume such commissions.
• Payment in installments: the User has the possibility of paying in installments the amount of a product purchased on the Website through the service offered by the platform Aplazame(aplazame.com). This is a service that does not belong to Morfeo y Morfeo only facilitates its contracting through the Web Site. Therefore, the User is subject at all times to the fulfillment of the particular conditions of this service, without Morfeo will not intervene in the contracting or maintain any responsibility derived from the contracting of this service by the User. User
• Payment through PayPal: the User can use the PayPal platform as a payment gateway for the amount of the product purchased on the Website. Morfeo will not charge any extra fee for the use of this payment method.

Any payment made to Morfeo will entail the issuance of an invoice in the name of the User according to the data provided during the contracting gateway, which will be sent by e-mail to the address provided by the User.

Payment by phone by credit card

The User has the possibility to pay by credit card through Morfeo' s telephone hotline and during the business hours specified in the Website. To proceed with the purchase, the User will have to indicate the data of his credit or debit card to the Morfeo agent who will introduce the data in the secure payment gateway of Banco Sabadell.

By means of this payment method Morfeo guarantees the User that it never manipulates or saves any data provided by the User related to his person or his means of payment. The data provided are directly introduced in the payment gateway of Banco Sabadell. So Morfeo only carries out a transitory and totally transparent treatment, offering total transparency, security and confidentiality to the User at all times.

Payment over the phone by credit card

The User has the possibility to pay by credit card through Morfeo's customer service telephone number and during the specified business hours. To proceed with the purchase, the User will have to indicate his credit or debit card details to the Morfeo agent who will introduce the data in the payment gateway.

By means of this payment method Morfeo guarantees the User that there is no manipulation or storage of any data provided by the User related to his person or his payment method. The data provided are directly introduced in the payment gateway of the bank Banco Sabadell. So Morfeo only carries out a transitory and totally transparent treatment, offering total transparency, security and confidentiality to the User at all times.

Transport and shipment of products

The transport of the products purchased through the Web Site is included in the price unless expressly stated otherwise before the end of the purchase process. The transport service offered by Morfeo does not include any assembly service of the products purchased through the Web Site.

The products purchased before 3:00 p.m. will be delivered through the service "Free delivery in 1 day" consisting in the delivery at the User 's address during the afternoon of the following day, except for weekends and holidays when the delivery will be made during the second day immediately after the last holiday.

However, the User must take into account that, although Morfeo makes its best efforts so that the service "Free delivery in 1 day" works correctly at all times, sometimes and for reasons beyond Morfeo's control, the order may be slightly delayed, not exceeding in any case a period longer than five working days.

In any case, in the event that Morfeo does not comply with the delivery date specified in more than 5 working days, the User may choose to cancel the order and Morfeo will proceed to refund the purchase amount in the same way used during the purchase, in the shortest possible time. In no case it will be considered a breach of this clause by Morfeo when the order has been delayed by User 's will or when it has not been possible to locate the User at the address specified for the delivery of the product or through the means of contact provided by the User.

The User is responsible for ensuring that the items purchased on the Website do not involve accessibility problems at the place specified for delivery, especially in corridors, doorways, stairways, landings, etc. The transport service is not authorized to use any means of ascent involving pulley and/or rope mechanisms outside the delivery location. In the event that the purchased items do not fit through the regular access, all extraordinary expenses arising from cranes or platforms shall be borne solely and exclusively by the User.

Warranty

You have a 10-year warranty, because we know that our mattress will last even longer. So that you don't have to worry about anything, we tell you what our guarantee consists of. Our range of mattresses is created to be used on bases (upholstered, canapé, articulated, slatted bed base, floor...) capable of supporting the weight of the mattress and the person/s who enjoy the mattress. That is, as long as you do not use it to catapult your partner, brother, friend or other person, you give it a proper use and you keep it in a place whose conditions can not deteriorate it, you can rest assured with the warranty of your mattress.

What does your warranty cover?

The conditions to take into account are a base that supports the weight of the mattress evenly and with the same measurements of the mattress and a maximum weight of 95kg per person with normal temperature and humidity conditions, ie humidity is between 50% and 70% and the ambient temperature between 18 and 22 degrees. In general, the warranty covers any damage or malformation that is not due to misuse of the mattress. We detail a little of the cases:

• Clearly visible sinking on the upper side of the mattress.
• Any damage to the cover that is from the factory (in this case you must tell us within the first 14 days): broken cover, etc.

Return Policy

At Morfeo we want our customers to have the best possible experience with our products. Therefore, we offer different return policies depending on the category of the product purchased. Below, we detail the conditions applicable to each type of product:

1. Mattresses - 100 Night Trial.

• We offer arecommended minimum trial period of 30 nights and up to 100 nights to ensure that the mattress is right for you.

• If after this period you decide to return it, we will refund the full amount of the mattress.

• The mattress must be in good condition, with no obvious damage or stains.

• The return is free of charge and will be handled through our collection service.

2. Bases, Bases and Furniture - Deadline of 14 Days

• The furniture products (bases, bed bases, headboards and other furniture) have a return period of 14 days calendar days from receipt of order.

• To be able to make the return, the product must be in its original state, without signs of use and with its original packaging intact.

• For logistical reasons, the cost of collection will be borne by the customer. The amount will depend on the location and dimensions of the product.

3. Accessories and Bedding - 30 Day Return Period

• Accessories, such as pillows, pillow protectors and bed linen, can be returned within 30 calendar days of receipt of the order.

• To proceed with the return, these products must be unused and in their original sealed packaging.

• For hygienic reasons, returns of products that have been used or washed will not be accepted.

4. Return Process

If you wish to return a product, please follow these steps:

1. Contact our customer service team through [email / contact form] indicating the order number and the reason for the return.

2. We will provide you with the instructions for the collection or shipping of the product, as well as the associated cost if applicable.

3. Once the product has been received and verified in our warehouse, we will proceed with the refund within 5to 10 business days.

5. Exceptions and Refusal of Returns

Returns will not be accepted in the following cases:

• Products that show signs of use, dirt, stains or damage caused by improper use.

• Customized products or products made to order, except for manufacturing defects.

• Accessories or bedding that have been opened and used.

For any additional questions about our return policies, you can contact our customer service at [email protected] or consult our Frequently Asked Questions.

Updating and Modification of the Web Site

Morfeo may modify these Terms at any time by e-mail or by posting the modified terms on the Website. All modified terms will come into force automatically 30 days after they have been published.

Morfeo reserves the right to make, at any time and without prior notice, updates, modifications or deletion of information contained in its Web Site, in the configuration and presentation of the Web Site and the conditions of access, without assuming any responsibility for it.

Intellectual Property Rights

Morfeo is the owner or licensee of the intellectual and industrial property rights over the texts, graphic design, source code and all the rest of the contents of the Web Site protected under the intellectual and industrial property laws. As a consequence, Morfeo has the exclusive exercise of the exploitation rights of the same in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.

The authorization to the User to access to the Web Site does not imply any waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by Morfeo.

It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in Morfeo' s Website for public or commercial purposes, if not expressly authorized in writing by Morfeo or, if applicable, by the holder of the corresponding rights.

The User who proceeds to share any kind of content through the Web Site, grants Morfeo a non-exclusive, free and worldwide license limited to the reproduction and public communication of such content through the provision of the services of the Web Site.

Data protection

For the purposes of the provisions of Law 15/1999 of 13 December 1999 on the Protection of Personal Data, the personal data of Users who register on the Website are protected under the Organic Law on the Protection of Personal Data 15/1999 (LOPD) and other related Data Protection legislation. In compliance with this, the personal data processed in the Web Site are declared in a privately owned file before the Spanish Data Protection Agency, with the purpose of answering queries, managing our services or sending information about our services and promotions as long as the User has not objected to such use.

The person responsible for the files is Morfeo Descanso S.L.U, CIF B87174280, registered office at Avenida Carretera de Granada nº35, 30400, Caravaca (Murcia). At this same address, or by sending an email to the address of Morfeo info@morfeo.com, the User may exercise the rights of access, rectification, cancellation and opposition of the data, by sending a written and signed request including name, surname, photocopy of ID card, action requested and address in order to send confirmation of its action according to your request.

In any case, Morfeo guarantees the safeguarding of the confidentiality and security of the Personal Data, having adopted the legally required security measures, which allow reasonably ensuring the protection of your personal data and avoiding the loss, misuse, alteration, treatment or unauthorized access to them.

Independence of the Clauses

If any of the clauses of the present Conditions is null and void or voidable, it shall be deemed not to have been included. Such declaration of nullity shall not invalidate the rest of the Conditions, which shall remain in force and effective between the parties.

If any clause of the present Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, and the Conditions shall subsist in all the rest, and such provision or the part of the same that is affected shall be considered not to be in force.

Applicable Law

These Conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in these Conditions regarding interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid.

The European Commission has recently made available to consumers in the European Union the online dispute resolution platform to resolve disputes arising in electronic commerce amicably (Article 14 paragraph 1 Regulation (EU) 524/2013) whereby Users of the Website are entitled to file complaints at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.