Terms of service

Terms and Conditions

GENERAL TERMS OF CONTRACTING

Introduction

This contractual document will govern the General Conditions for contracting products or services (hereinafter, the "Conditions") through the website thebaggingco.com, owned by MAESKA ACTIVIDADES S.L., hereinafter referred to as the PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions may be modified at any time. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will apply.

Contracts will not be subject to any formality except in cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER: Has read, understood, and comprehended the contents herein; is a person with legal capacity to contract; and assumes all the obligations set forth.

These Conditions will have an indefinite validity period and will apply to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which products are shipped, and reserves the right to unilaterally modify the conditions without affecting goods or promotions purchased prior to such modifications.

Identity of the contracting parties

On one side, the PROVIDER of the products or services contracted by the USER is MAESKA ACTIVIDADES S.L., with registered office at PORTUETXE 83, 1 - B 18 20018 SAN SEBASTIAN (Gipuzkoa), Tax ID B85524130.

On the other side, the USER, registered on the website through a username and password, for which they are fully responsible in terms of use and custody, and responsible for the accuracy of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER at the moment the USER accepts during the online contracting process the corresponding checkbox.

The sales relationship involves the delivery, in exchange for a determined price publicly displayed on the website, of a specific product or service.

Contracting procedure

To access the products or services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. The USER will provide personal data freely and voluntarily, which will be processed in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), on personal data protection, as detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to use them diligently, not sharing them with third parties, and notifying the PROVIDER immediately in case of loss, theft, or unauthorized access, so that the PROVIDER can proceed with immediate blocking.

Once the user account is created, according to Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow the steps below:

  • General contracting clauses

  • Order shipment

  • Right of withdrawal

  • Claims

  • Force majeure

  • Jurisdiction

  • Offer generalities

  • Price and validity period of the offer

  • Shipping costs

  • Payment methods, charges, and discounts

  • Purchase process

  • Applicable warranties

  • Guarantees and returns

  • Applicable law and jurisdiction

1. GENERAL CONTRACTING CLAUSES

Unless otherwise agreed in writing, placing an order with the PROVIDER will imply the USER’s acceptance of these legal conditions. No stipulation made by the USER shall differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. ORDER SHIPMENT

The PROVIDER will not ship any order or activate any service until payment has been verified.

Shipments are usually made via EXPRESS COURIER (MRW), to the destination freely chosen by the USER.

Non-execution of distance contract
Delivery dates or terms are approximate and delays do not constitute a fundamental breach. If the PROVIDER fails to deliver the goods within 30 days of the agreed delivery date due to lack of availability, the USER will be informed and entitled to cancel the order and receive a full refund at no cost, without the PROVIDER incurring liability for damages.

In case of unjustified delay in refunding the amount, the USER may claim double the amount owed, without prejudice to further compensation for damages.

Delivery times are usually between 1 and 3 business days, depending on destination and payment method, provided availability is confirmed and full payment received.

The PROVIDER is not responsible for non-delivery due to false, inaccurate, or incomplete data provided by the USER.

Delivery is considered made when the carrier has placed the products at the USER’s disposal and the USER or their delegate has signed the delivery receipt.

The USER must verify the products upon receipt and note any justified reservations or claims on the delivery document.

If the contract involves no physical product delivery but activation or download of services directly from the website, the PROVIDER will inform the USER of the procedure beforehand.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to return or claim any defects whether the purchase was online or offline.

The USER has 14 calendar days from receipt to return the product (Article 71 of Law 3/2014, March 27). Except for defective products, return shipping costs are borne by the USER. Products must be returned in original packaging and perfect condition; for services, from the date of activation/download.

The right of withdrawal does not apply to:

  • Products not in perfect condition

  • Products with original packaging missing or damaged

  • Products opened and evidently used

  • Software downloaded or unsealed after delivery

  • Personalized products or those exempted by Law 3/2014 Article 103

  • Products subject to price fluctuations beyond PROVIDER control

  • Customized or made-to-order products

  • Perishable or quickly expiring products

All returns must be communicated to the PROVIDER, requesting a return number via the provided form or contact form, indicating invoice or order number.

After receiving the return number, the USER must send the product with the number indicated on the shipping note, at their expense, to MAESKA ACTIVIDADES S.L., at LAN DISTRIBUCIÓN, Camino Bulandegi 20, 20159 Zizurkil (Gipuzkoa).

4. CLAIMS

Any claims the USER wishes to make will be processed promptly through:

Postal:
MAESKA ACTIVIDADES S.L., PORTUETXE 83, 1 - B 18 20018 SAN SEBASTIAN (Gipuzkoa)

Email:
Claims can be sent via the contact form on the website.

Online Dispute Resolution
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and PROVIDER, without court intervention. A neutral dispute resolution body mediates and may suggest or impose a solution.

ODR platform link: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

Neither party will be liable for failure due to force majeure. Obligations will be delayed until the force majeure ceases.

6. JURISDICTION

The USER may not assign, transfer or transmit contracted rights or obligations. If any clause is deemed invalid or unenforceable, the remainder will remain unaffected.

The USER declares having read, understood, and accepted these Conditions fully.

7. GENERAL OFFER CONDITIONS

All sales and deliveries by the PROVIDER are subject to these Conditions. No modifications or agreements contrary to MAESKA ACTIVIDADES S.L.’s commercial proposal or these Conditions will be effective without written consent from the PROVIDER.

The PROVIDER reserves the right to modify product specifications due to technical improvements, as long as it does not affect product value. This applies also if supply conditions change.

8. PRICE AND VALIDITY OF THE OFFER

Prices include VAT or other applicable taxes unless stated otherwise. Shipping, handling, packaging, insurance, or additional services are not included unless expressly agreed.

Prices are in euros and may vary in real-time before order confirmation.

Users can verify order details before purchase: items, quantities, price, availability, shipping costs, discounts, taxes, and total. Prices may change daily until order placement.

Once an order is placed, prices are fixed regardless of product availability.

Invoices will be issued in the USER’s name or company provided during order and sent with the product and as a PDF by email.

For order inquiries contact: INFO@MAESKA.COM or use the contact form. Responses typically within 24/48 hours on business days.

9. SHIPPING COSTS

Prices exclude shipping, communication, installation, download, or complementary services unless agreed.

Shipping costs are calculated when saving the basket, based on weight and delivery address.

Maximum shipping rates:

  • Peninsula & Portugal: €4.99

  • France & Germany:

    • Orders €0-20: €9.99 shipping

    • Orders €20-50: €4.99 shipping

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER offers the following payment methods:

  • PayPal

  • Credit card

  • Klarna. If you purchase with Klarna, you will receive your order and can pay in 3 installments or select any of their other available payment methods: "Pay now" or "Pay in 30 days".

Security measures

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data necessary for proper authentication of access controls.

The PROVIDER commits not to allow any transaction that is or may be considered illegal by credit card brands or acquiring banks, or that could harm their goodwill or negatively affect them.

The following activities are prohibited under credit card brand programs: the sale or offer of any product or service that does not comply with all applicable laws for the Buyer, Issuing Bank, Merchant, or Cardholder(s).

 

11. PURCHASE PROCESS
Cart (budget simulation)

Any product in our catalog can be added to the cart. The cart will only display items, quantity, price, and total amount. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping details entered.

Carts have no administrative binding; it is only a section where a budget can be simulated without any commitment from either party.

From the cart, an order can be placed by following the next steps for correct formalization:

  • Verification of billing information.

  • Verification of shipping address.

  • Selection of payment method.

  • Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER confirming the order placement.

Orders (purchase requests)

Within a maximum of 24 business hours, an email will be sent to the USER confirming the status of the order.

 

12. APPLICABLE WARRANTIES


All products offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.

 

13. WARRANTIES AND RETURNS


The warranty for the products offered will comply with the following articles based on Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods:

Conformity of the products with the contract

Unless proven otherwise, products will be considered in conformity with the contract provided they meet all the following requirements, unless some are inapplicable due to specific circumstances:

  • They conform to the description and qualities declared by MAESKA ACTIVIDADES S.L.

  • They are fit for the uses ordinarily intended for products of the same type.

  • They are fit for any special use required by the customer when this was communicated to MAESKA ACTIVIDADES S.L. at the time of contract conclusion, and the provider accepted the product as suitable for such use.

  • They present the usual quality and performance of a product of the same type that the customer can reasonably expect, considering the nature of the product and any specific descriptions of characteristics made by MAESKA ACTIVIDADES S.L.

  • MAESKA ACTIVIDADES S.L. describes the details, technical features, and photos of the products provided by the manufacturer, but is not bound by such public statements.

Non-conformity due to incorrect product installation will be treated as product non-conformity if the installation is included in the sales contract and carried out by MAESKA ACTIVIDADES S.L., under its responsibility, or by the USER when faulty installation results from incorrect instructions.

There will be no liability for non-conformities that the USER knew or could not ignore at the time of contract conclusion or that originate from materials supplied by the USER.

Provider liability and USER rights

MAESKA ACTIVIDADES S.L. will be liable to the USER for any non-conformity existing at the time of product delivery. The USER has the right to repair, replacement, price reduction, or contract termination.

Under Article 6 of the Civil Code, any prior waiver of USER rights or acts committed in fraud are void.

Repair and replacement of products

If the product is non-conforming, the USER may choose either repair or replacement unless one option is impossible or disproportionate. Once the USER notifies MAESKA ACTIVIDADES S.L. of the choice, both parties must comply. This choice does not affect the provisions for cases when repair or replacement do not restore conformity.

Repair or replacement is disproportionate if it imposes unreasonable costs on MAESKA ACTIVIDADES S.L. compared to the alternative, considering the product’s value without non-conformity, the severity of the non-conformity, and whether the alternative can be done without major inconvenience to the USER.

Rules for repair or replacement

  • These services are free of charge to the USER, including shipping costs, labor, and materials necessary to fix the non-conformity.

  • They will be carried out within a reasonable time and without major inconvenience, considering the product’s nature and intended use.

  • Repair suspends time limits referred to in Article VII, starting when the USER provides the product to MAESKA ACTIVIDADES S.L. and ending with delivery of the repaired product. For six months after repaired product delivery, MAESKA ACTIVIDADES S.L. is responsible for defects that motivated repair, presumed to be the same defect if recurring.

  • Replacement suspends time limits in Article VII from the moment the option is exercised until delivery of the new product. The second paragraph of Article VII applies to the replacement product.

  • If the product remains non-conforming after repair and delivery, the USER may demand replacement, price reduction, or contract termination under the conditions of Articles IV and V.

  • If replacement does not restore conformity, the USER may demand repair, price reduction, or contract termination under Articles IV, V, and VI.

  • The USER cannot demand replacement for non-fungible or second-hand products.

Price reduction and contract termination

The USER may opt for price reduction or contract termination when repair or replacement are not possible or have not been done within a reasonable time or without major inconvenience. Termination is not applicable if the non-conformity is minor.

Criteria for price reduction

Price reduction is proportional to the difference between the value the product would have had if conforming at delivery and the value of the product actually delivered.

Deadlines

MAESKA ACTIVIDADES S.L. is liable for non-conformities appearing within two years of delivery. For second-hand products, MAESKA ACTIVIDADES S.L. and the USER may agree on a shorter period, not less than one year.

Non-conformities appearing within six months of delivery are presumed to have existed at delivery unless incompatible with product nature or defect type.

Delivery is presumed to occur on the date on the invoice, purchase label, or delivery note if later.

Claims must be made within three years from delivery.

The USER must inform MAESKA ACTIVIDADES S.L. of the non-conformity within two months of becoming aware.

The USER’s communication is presumed to be timely unless proven otherwise.

Action against the producer

If it is impossible or excessively burdensome for the USER to address MAESKA ACTIVIDADES S.L. for product non-conformity, the USER may claim directly against the producer for repair or replacement.

The producer will be liable under the same terms and deadlines as MAESKA ACTIVIDADES S.L. for defects related to origin, identity, or fitness according to the product’s nature and relevant regulations.

The producer is the product manufacturer, EU importer, or anyone presenting themselves as such via product labeling.

Anyone who has responded to the USER has one year from completion of the remedy to claim recourse for non-conformity.

14. APPLICABLE LAW AND JURISDICTION


These terms shall be governed or interpreted according to Spanish law where not expressly stated otherwise. The PROVIDER and USER agree to submit any disputes arising from product or service provision to the courts of the USER’s domicile.

If the USER resides outside Spain, both parties waive any other jurisdiction and submit to the courts closest to SAN SEBASTIAN (Spain).