General terms of sale
GENERAL CONDITIONS
These general conditions are drawn up in accordance with the legislation in force in the Spanish State and comply with EU regulations. For the resolution of any disputes that may arise, the parties submit to the Courts and Tribunals of the place where the user is domiciled.
Placing any order with Descanlux implies knowledge and acceptance of all of the General Conditions set out below, as well as of the Specific Conditions that, where applicable, govern the purchase. In addition, the buyer states that they are of legal age and have the legal capacity to enter into binding contracts, and guarantees the truthfulness of the data provided for the proper handling of their order.
Likewise, the buyer states that they are the holder of, or are legally authorised to use, the payment method they select to pay for their order.
If you do not notify us of your objection within 24 hours of receiving the order email, we understand that you have reviewed and agree with the order details.
The items sold at Descanlux are designed for domestic use.
Acceptance of these terms and conditions, together with confirmation of your Order and the undertaking to pay, constitutes the bilateral contract between PALUX, S.L. and the buyer, creating a legally binding agreement that protects the rights of the parties involved.
No order will be accepted unless the GENERAL CONDITIONS and/or SPECIFIC CONDITIONS of certain products have first been accepted.
In compliance with Article 97 of Law 3/2014 of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users, approved by Royal Legislative Decree 1/2007 of 16 November, we inform you that the General Conditions made available to you include the right of withdrawal that protects you, as well as the conditions, period, cost and procedures for exercising it. They also cover the cases in which, under Article 103 of that Law, you do not have the right of withdrawal.
All data relating to orders placed at Descanlux will be written in Spanish.
The texts and graphics on this website are the property of PALUX, S.L. Their use, in whole or in part, by third parties, whether private or public, is prohibited.
For communication purposes, the parties accept the use of email as a valid and unequivocal means.
1. Delivery times and area
Delivery times
They will vary according to product, size and province of delivery. Delivery times are given in working days (Monday to Friday) and start counting from payment confirmation. Remember that if we receive payment for your order after 12 noon, it will be processed on the next working day. If you do not pay at the time the order is placed, the delivery time may vary, unless you want the goods to be delivered later than the planned date. Your agreement to the order also implies acceptance of the stated delivery times.
With regard to the delivery date, it is very difficult to guarantee an exact date, so we work with a range of days so that you have a clear estimate with no surprises. Occasionally, for unforeseen reasons, the delivery date may be delayed. In such cases, Descanlux will inform you of the delay, and you may cancel the order by notifying us of that intention by email to pedidos@descanlux.com, and the amount will be refunded within a maximum of 14 calendar days (Law 3/2014) from your notification. If you do not clearly communicate your intention to cancel the order, we understand that you accept the new planned delivery date. Failure to deliver will not be considered as such if the delay was at your own request, or if we have been unable to reach you using the contact details you provided.
Some transport agencies do not deliver to certain areas considered high-risk. If the address given in your order is within one of those areas, you will be offered the option of collecting it from the logistics agency’s depot.
Delivery area
All products on the Descanlux website can be delivered to mainland Spain.
The price of the products includes taxes.
2. Receipt of the order
The specialist agency will make deliveries from Monday to Friday, in the morning or afternoon (depending on the delivery route established for your town), always arranging it with you beforehand, except for the exceptions indicated for deliveries by courier agencies. In towns where no daily delivery route is established, delivery may be delayed by a further 3 to 5 days.
In all cases, the delivery address will be the one the buyer gave us when placing the order, regardless of any address that may appear on the platform from which payment was made. The delivery address can only be changed afterwards if the goods purchased have not yet left our logistics centres, for which you must contact us.
If your delivery is to be made by appointment and you wish to cancel or change it, for organisational and scheduling reasons with the logistics companies you must do so on the working day before the appointment date and before 14:00. For example, if your appointment is scheduled for a Tuesday and you wish to cancel it, you must cancel before 14:00 on Monday. Or if your appointment is scheduled for Monday, the deadline to cancel or change the appointment is the previous Friday before 14:00.
Given the volume of shipments during Black Friday, sales or similar periods, your delivery may be subject to some delay.
Wherever possible, do not get rid of the material you are going to replace, as it may be useful if your order is delayed or if, on receipt, it has any damage that requires it to be returned.
Orders sent by COURIER AGENCIES will be delivered Monday to Friday in the morning or afternoon (depending on the delivery route established for your town) but will not notify you before delivery. If you are not at home when the goods arrive, the carriers will leave you a notice with a contact telephone number to arrange a new delivery. For these orders the goods will not be installed, as they do not require assembly. Nor can you request removal of old products.
We recommend that, in the event of a disagreement with the transport agency, you contact us so that we can help you handle it.
****Kerbside delivery: Certain products will be delivered kerbside, without being taken up to your home. At the time of delivery, check the goods in front of the carriers and make sure they are exactly what you ordered (size, finish, etc.). You must also check that the goods are not damaged, as taking them up to your home and installing them is the customer’s responsibility and returns will not be accepted for transport damage not noted on the delivery note. If you detect damage to the packaging or product, note it on the delivery note and sign it. It is important to photograph the package so you can document it in case the material is damaged when you unpack it at home. You must notify Descanlux within the following 24/48 hours.
****If the delivery company, having arranged an appointment with you, cannot deliver the goods, either because a product does not fit through the access areas or because no one is at the address provided to receive them, and you want the goods to be sent again, you must pay the shipping costs for the second delivery. The amount will be provided to you in each case by our Logistics Department.
If the products are not left delivered at the appointment for this reason, the additional shipping costs for the 2nd appointment will be at your expense.
If your shipment shows damage due to transport, you must note the anomalies on the carrier’s delivery note, sign it and, if possible, photograph it. No claims for this reason will be accepted unless they were recorded at delivery. Remember never to throw away the products’ packaging until you have checked that they are in perfect condition and verified that all the items match what you ordered.
3. Order cancellation
Before the planned delivery date of the goods, you may cancel the order by notifying us by email of your intention to cancel your purchase. You will receive the amount paid, except for any costs that may have been incurred (Art. 1124 of the Civil Code), within a maximum of 14 calendar days from the date you notified us of your intention to terminate the contract.
In all cases, if the goods are already with the transport agency, in transit or ready for delivery, the order may be cancelled, but you will have to bear the transport costs incurred, in the same amounts as are set for withdrawal, as set out in the corresponding section of these General Conditions. We recommend that in such situations you contact our customer service department, who will give you all the relevant information.
These transport costs will vary depending on the type of goods in the order and will be communicated to you in the email you will receive asking you to confirm the cancellation.
4. Order modification
Once an order has been confirmed, it may be modified in whole or in part, with different guidelines or procedures, depending on the type of item to be modified and its stage of manufacture or logistics. For further information, we set out the different circumstances that may arise:
If the modification concerns an item that has not been dispatched, it will be made at no charge to the customer for shipping.
If this is not the case and it is in transit, the buyer will bear the transport costs, in the same amounts as are set for withdrawal, as set out in the corresponding section of these General Conditions. This logistics cost will be added to any that may arise from possible depreciation.
If the modification concerns an item already delivered to the address provided by the buyer, the same transport cost guidelines set out in these General Conditions for withdrawal will apply, even though this case is not considered withdrawal.
5. Right of withdrawal
As stipulated by Royal Legislative Decree 1/2007 in its Article 102, we inform you that you will have 14 calendar days from receipt of the product to exercise your right of withdrawal.
Likewise, as provided for in the aforementioned Royal Decree, in its Article 106, you may use the form template that you can download here, or notify us by any unequivocal means. If you wish to do so by email, you must send it to pedidos@descanlux.com.
In all cases, as set out in Art. 108, you must bear the return costs. You may return the product(s) by whatever means you consider appropriate. If you want us to arrange collection of the goods, you must say so when you notify us of your wish to withdraw from the purchase, and pay the full amount stated for returns.
The product must be in the same condition in which it was delivered; the consumer and user will be liable for any reduction in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics or operation.
To ensure proper handling that exempts you from liability, whichever means you choose for the return, we ask you to follow these steps:
If the item is packed as you received it:
1. Take photos of the package from all sides (make sure there is enough light to take the photos in the best quality).
2. Send us the images, for the attention of pedidos@descanlux.com, before sending/returning the product.
If the item is NOT packed as you received it:
1. Take photos from all sides (make sure there is enough light to take the photos in the best quality).
2. Send us the images, for the attention of pedidos@descanlux.com, before sending/returning the product.
3. The carrier will pack the item (if you have asked us to collect it). If you send it by your own means, or if the items are different from those mentioned above, you must pack it properly to avoid deformation or damage.
4. Once packed, take photos from all sides and send them to us as well, for the attention of: pedidos@descanlux.com. This will prevent the logistics agency that carried out the transport from evading its responsibility if the goods are damaged in transit.
Please note that, if you send the items yourself, they will not be accepted if the logistics agency you use does not allow us to check their condition before accepting delivery and, once checked, confirm they are in optimal condition. If they try to obtain confirmation of delivery without our being able to open what is received, the shipment will be rejected. If you decide to send the material yourself, you must contact our Logistics department so that they give you the address to which you must send it.
The cost of collection, depending on the type of product, will be (VAT included):
- Rolled mattress: €30
- Mattresses in traditional (non-rolled) format: €145. For collection they must be perfectly packed.
- €10 for pillows, covers and mattress protectors.
If the return involves an exchange for other items and these carry shipping charges when added to the shopping cart, you must pay those shipping costs.
Any refund will be made through the same method used for payment. If the order was paid by bank transfer, the refund will be made by bank transfer to the account you give us, which must be in your name. The maximum period for receiving the refund is 14 calendar days from the date on which we are notified, in the manner indicated above, of your intention to withdraw from the purchase, and provided that the goods have been returned to us or collected by our logistics company, if you have chosen this option for the return, and it has been checked that their condition shows no damage. If, for reasons beyond our company’s control, the goods cannot be collected from your address before the deadline for the refund expires, the refund will not be made until they are received at our warehouses.
For reasons of hygiene, pillows and bed linen are not eligible for exchange or return once their original packaging has been removed.
Special sizes are manufactured expressly for the customer, so they are not eligible for exchange or return. If a product has a manufacturing defect, it will be repaired or replaced, depending on the type of incident. A product is considered to have a special size when, even though it is available on the website, it has to be manufactured at the customer’s request. (*)
For mattresses there are sizes considered standard and others which, although they can be supplied, have to be manufactured at the customer’s request and are considered Special. In the drop-down menu where you choose the size you want, it will appear next to it if it is a special size. Please note that any item considered special is not subject to the Right of Withdrawal.
(*) As stipulated in Art. 103 (Exceptions to the right of withdrawal).
6. General warranties
All our products are guaranteed nationwide against manufacturing defects for 3 years.
In any case, the warranty start date is the one shown on the purchase invoice. If you want a paper invoice, you must say so when placing the order.
The warranty on the products purchased will be your purchase invoice.
As a general rule, the warranty on any product purchased at Descanlux will be invalidated for damage caused by:
- Transport, accidents, improper use and other damage not due to the customer’s normal use of the product after delivery of the goods. This warranty only covers transport damage that occurred before receipt of the material.
- Stains, body fluids and/or animals.
- Burns, cuts, scuffs, the appearance of “pilling” (small balls on the fabric), creases, marks, scratches or other damage caused by animals, by treatment with unsuitable products, direct rubbing against other fabrics and/or materials or by inappropriate use of the product, including accumulated dirt.
- Use of or contact with chemical products (acids, solvents, dyes, paint, ammonia, lacquers or other hairdressing products, etc.), treatment with cleaning products not suitable for the specific upholstery of the product under warranty. Damp stains are not covered by the Warranty unless this is reported within 7 days of delivery of the product.
For any product, it will not be considered a defect if it is found that the instructions on the care of materials described on each product’s page and/or its labelling have not been followed.
In the event of an incident or problem with any item, the product will be collected for repair and subsequently sent back, to the same address to which it was first delivered. No replacement or courtesy product will be provided. This will not be grounds for accepting the return of the product.
7. Warranties on sleep systems
Tolerances, shape and volume:
Mattresses comply with the European standard on tolerances in the dimensions of sleep products, based on UNE-EN 1334: Width (+20mm/-20mm) / Length (+20mm/-20mm). In addition, the filling cores in mattress covers are made of soft materials and may change slightly in length, width and height during transport and use.
Specifically, a 10% loss in the height of the mattress and/or a mark remaining where someone has slept for several hours is considered normal.
The materials used in the manufacture of mattresses and pillows may vary slightly in firmness depending on the production batch. Therefore, if we compare a newly purchased product with the same model bought some time ago, there are likely to be subtle differences in the feel of firmness or adaptability. These differences may also be due to wear from use of the older model. In any case, this will not be grounds for a return.
For this reason, returns will not be accepted for slight variations in the final length, height or width of the product.
Damp stains are not covered by the Warranty, unless this is reported within SEVEN days of delivery of the product.
A mattress does not generate moisture; it can absorb it from the sleeper’s body, from the environmental conditions of the room where it is installed when there is no proper ventilation, from the use of a base not suitable for that type of mattress, etc.
Although some models in our range have specific treatments to prevent moisture, they will not be effective if the mattresses are not properly maintained.
Likewise, memory foam mattresses must not be placed on varnished or melamine bases, as they encourage damp to appear in the mattress.
Memory foam mattresses should preferably be placed on slatted bases or breathable upholstered bases. If they are placed on other types of surface, such as storage beds, tatami mats, etc., ventilation of the sleep set-up must be looked after as much as possible, as these types of support prevent proper airing of the mattress and damp stains may appear.
If the base on which any model of mattress is placed is unsuitable or deformed, passing that anomaly on to the mattress itself, the mattress will lose its warranty, as this is considered misuse. In the specific case of pocket spring mattresses, the use of upholstered bases or rigid, flat slatted bases, not flexible or curved, is recommended, provided they are one-sided mattresses. This recommendation does not apply to reversible mattresses.
Unstitching in the quilting of the edging, or the appearance of fluff or small balls of fabric (pilling) on the mattress that are not reported within 15 days of delivery of the product, will not be covered by the legal warranty.
Vacuum-packed mattresses must be unpacked within 24/48 hours at most after receipt. If a vacuum-packed mattress is stored for longer, it may suffer damage that affects its recovery, and this case will not be covered by the warranty.
When vacuum-packed mattresses are unpacked, creases may appear in the fabric; they will disappear over time and are no impediment to proper sleep nor do they affect the quality or usefulness of our products. You should also wait 48 hours for the product to be completely ready for use and to guarantee optimal sleep, with a recommended adaptation time of between 48 and 72 hours. Therefore, this factor will not be grounds for return or exchange. However, it may not reach its maximum height until 72 hours later.
Mattresses containing natural materials may show some creases in their top layer. This will not be considered an incident; it is enough to fluff up the mattress and shape it to remove them.
In addition, none of our mattresses may rest on spring bases, and the warranty is void if they are used with them.
In any case, the warranty start date is the one shown on the purchase invoice.
8. Additional warranty on top of the right of free withdrawal. Trial nights.
Mattresses:
The additional warranty starts its period of validity after the legal right of withdrawal (14 days) has expired and lasts for a further 86 days. Therefore, you have the right to withdraw from the contract within 100 nights of receiving the Products (14 legal days, 86 additional days).
Products must be in a condition fit to be donated in order to be returned (for example, no stains, tears or other kinds of dirt, including odours). Descanlux has the right to reject damaged products with stains and damage that do not conform to the parameters of normal use of the Products. You must pack the Product in its original box.
The customer must unpack and unwrap the mattress within six weeks of the delivery date so that the mattress inflates fully. If the customer does not comply with this recommendation within the stated period, Descanlux reserves the right not to compensate the customer for any defect in the product caused by improper storage, or to send the customer a new product to replace the original. The product purchased must be unpacked within six weeks of the delivery date in order to be returned under the 100-night trial policy.
If you have questions about possible refunds or returns not covered by the warranty and 100-night trial policy, please contact us.
The voluntary trial period under clause 8 of these terms and conditions does not restart or apply again to products that were replaced or otherwise supplemented under the legal warranty and/or the warranty terms of this clause 8 of these terms and conditions after the replacement or supplementing of those products. The voluntary trial period in accordance with clause 8 of these Terms and conditions also does not apply to products that were sent as a replacement or supplement under the legal warranty and/or the warranty terms of this clause 8 of these Terms and conditions.
PURCHASE PROCESS
1. Product selection
In the top menu, which you will find on the home page, you have the different product categories. After selecting the one you want, choose from our wide range of models. Click on the product you want and you will access its page and, from there, you can add it to the cart. Once you have all the products you want, complete the purchase.
2. Identification
If you have bought before, you only need to enter the email you registered with and your password. If this is your first purchase, you will access a simple form where you must enter your login details, as well as those for delivery and invoicing. You can also pay as a guest. That is, you do not need to log in to make your purchase.
VERY IMPORTANT: The details you give us for invoicing your purchase can only be changed before the order is processed or sent.
3. Payment
You can pay by debit or credit card.
4. Order confirmation
Before finishing, check all the details of your order and accept the general conditions of purchase.
Once you have selected the payment method, you will be redirected to the corresponding payment gateway, where you must follow all the steps until you return to Descanlux.
5. End of order
Once you have finished and paid for your order, you will receive a payment confirmation email. This confirmation will constitute the sales contract.
By accepting the General Conditions, you give your express consent to Descanlux, in accordance with Article 8 of Royal Decree 1619/2012 of 30 November, for the invoices arising from the commercial relations between both parties to be sent to you by electronic means, to the email address given in your order. You may also revoke this authorisation by sending us an email to pedidos@descanlux.com and exercise your right to receive the invoice on paper. If you do not give another delivery address, it will be sent to the one you gave us for invoicing.
