GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale are entered into between:
On the one hand, the company LA PERA AL VINO S.L. with registered office at C/ Aribau nº 61 Local, 08011, Barcelona, and with Tax Identification Number B67311423; registered in the Companies Register of Barcelona, Volume 46636, Folio 104, Page B526178, Entry 1; holder of the national trademark M4063597(X) - Muk Barcelona. Hereinafter, "MUK BARCELONA".
2.- And, on the other hand, any person who places an order. Hereinafter referred to as "the CLIENT".
These conditions apply exclusively to consumers and users, without any resale of the products purchased being permitted under any circumstances.
The placing of an order implies the acceptance of these General Conditions of Sale by the CUSTOMER, as well as any other conditions specified in the order itself.
The purpose of these General Conditions of Sale is to regulate the sales procedure between the CLIENT and MUK BARCELONA, from the placing of the order, delivery and payment, as well as the after-sales service.
2.1.- The CUSTOMER may place an order through the website www.mukbarcelona.com, following the procedure established on the website and detailed below.
- First of all, the CUSTOMER must select the item he/she wishes to purchase and click on the "add to cart" tab. If you wish to purchase more than one product, you must select the "add to cart" tab for each product. If you want the same product more than once, you must select the "add to cart" tab as many times as the number of copies of the product you want.
- Once the selection of articles has been completed, you must go to the shopping cart icon at the top right-hand side of the website and select "finalise purchase".
- You must then provide the personal data requested for the correct identification of the user.
- Once the CUSTOMER has entered their personal details, they must choose the delivery address for their order.
- To complete the process, you must choose and validate the method of payment, formalising the sales contract with MUK BARCELONA when you make the payment.
2.2.- The placing of the order by the CUSTOMER is equivalent to full acceptance of the prices, the description of the products on sale and the General Conditions of Sale, as well as any others specified in the order itself during the sales process.
2.3.- All orders are subject to the availability of the products in stock by MUK BARCELONA. In the event of difficulties in the supply of the selected product, MUK BARCELONA will inform the CLIENT of said difficulties within a period of no more than fifteen days from the placing of the order. If, after this period has elapsed, any of the items selected are not in stock, MUK BARCELONA will reimburse the CUSTOMER for any amount that may have been paid for the purchase of that specific item.
3.1- The product will be delivered to the address provided by the CUSTOMER during the sales procedure. Delivery will be made by a carrier from the transport company with which MUK BARCELONA collaborates on the date the order is placed. The carrier will physically appear at the address indicated by the CUSTOMER and will deliver the product. In the event that the CUSTOMER is absent from the address indicated, the carrier will leave a notice to make a second delivery. In the event that the second delivery cannot be made, the carrier will leave the package at the transport office closest to the CUSTOMER's address. On the website and during the purchase process when entering the CUSTOMER's address, the additional cost of delivery by this mechanism will be indicated.
3.2.- In the event that the delivery address indicated by the CLIENT is in the city of Barcelona, the option will be offered during the purchase process for the order to be collected at the address of MUK BARCELONA, free of charge, at calle Aribau nº61, Local, C.P. 08011, in the city of Barcelona, during the office hours indicated on the website.
Unless there are circumstances arising from the personalisation of the products that may delay delivery, or unforeseen or extraordinary circumstances occur, MUK BARCELONA will send the order within the period indicated for delivery during the sales procedure and, in any case, within a maximum period of 30 days from the date of the order confirmation.
The CLIENT may choose, during the purchase process, between the following payment methods:
- By credit card
All payments made by bank card are processed through a third party payment service provider. All transactions are protected and Your banking information is known only to Our banking subcontractors.
Credit card VISA or MASTERCARD
- We guarantee that each and every transaction carried out at Nombre Tienda Muk Barcelona is 100% secure. All operations involving the transmission of personal or bank details are carried out using a secure environment. Nombre Tienda Muk Barcelona uses a server based on the standard security technology SSL (Secure Socked Layer). All the information you transmit to us travels encrypted through the network. (If you want to know more, visit our Secure Paymentsection.).
- Likewise, your credit card details are not recorded in any database but go directly to the Bank's POS (Point of Sale Terminal).
- In addition, we inform you that in an effort to provide greater security to credit card owners, we have incorporated into our payment gateway the secure payment system called CES (Secure Electronic Commerce). In this way, if you are a holder of a "secured" card, you will always be able to make payments with a VISA or MASTERCARD in our shop.
- In the event that your card is not adhered to this payment system, Nombre Tienda Muk Barcelona will only accept payment by VISA or MASTERCARD credit card for customers with proven seniority and reliability.
- In both cases, when paying by VISA or MASTERCARD, the following information will always be requested: the card number, the expiry date, and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction.
- Important : Credit card fraud is a criminal offence, and Nombre Tienda Muk Barcelona will prosecute anyone who makes a fraudulent transaction in our online shop.
- With PayPal
The prices of the items ordered will include the corresponding taxes and duties. A fixed shipping cost will be added to each order, which includes handling, packaging and shipping from our offices. The additional cost of delivery will be indicated on the website and during the purchase process when entering the CUSTOMER's address.
6. RIGHT OF WITHDRAWAL
6.1.- Exercise of the right of withdrawal
The CUSTOMER has the right to withdraw from the order within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days after the day on which the CUSTOMER or a third party indicated by the CUSTOMER, other than the carrier, acquires physical possession of the products.
In order to exercise the right of withdrawal, the CUSTOMER must notify MUK BARCELONA, before the expiry of the aforementioned period, of their intention to withdraw from the contract by sending an email to firstname.lastname@example.org. To this end, the consumer and user may use the following model withdrawal form or make another type of unequivocal statement that he/she wishes to withdraw from the contract.
6.2.- Consequences of withdrawal
In the event of withdrawal, MUK BARCELONA will return to the CUSTOMER all payments received, including delivery costs, without undue delay and, in any case, no later than 14 calendar days from the date on which the decision to withdraw from this contract is notified.
In the event that the CUSTOMER has expressly selected a delivery method other than the least expensive ordinary delivery method, MUK BARCELONA shall not be obliged to reimburse the additional costs arising from this.
MUK BARCELONA will proceed to make the refund using the same means of payment used by the CUSTOMER for the initial transaction, and the CUSTOMER will not incur any costs as a result of the refund. If it is impossible to process the refund using the same method of payment used by the CLIENT, the amount will be reimbursed by bank transfer.
The CUSTOMER must return the product by courier, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before this period has expired.
The CUSTOMER shall bear the direct costs of returning the product, such as courier or carrier.
MUKBARCELONA may withhold reimbursement until it has received the goods, or until the CUSTOMER has provided proof of the return of the goods, depending on which condition is met first
6.3. Exceptions to the right of withdrawal
The CUSTOMER shall not be entitled to withdraw from the contract for the supply of any of the following products:
- Personalised items.
- Goods sealed for hygiene reasons which have been unsealed after delivery.
The CUSTOMER's right of withdrawal shall apply exclusively to those products that are returned in the same condition in which the CUSTOMER received them. No refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same condition in which they were delivered or that have suffered any damage, so the CUSTOMER must be careful with the product/s while they are in their possession.
The CUSTOMER must return the item including its original packaging and any accompanying documents, otherwise the good will be depreciated.
After examining the item, MUK BARCELONA will inform the CUSTOMER whether or not he/she is entitled to a refund of the amounts paid, depending on the condition of the product.
The time it takes for the refund to reach the CUSTOMER's bank account will be between five and ten days, depending on the method of payment.
7. RETURNS FOR DEFECTIVE PRODUCTS
7.1.- Legal guarantee
MUK BARCELONA informs the CLIENT that it offers guarantees on the products that it markets through this website, in the terms legally established for each type of product, and is therefore liable for any lack of conformity of the same that becomes apparent within the period legally established in RDL 1/2007 of the General Law for the Defence of Consumers and Users from the delivery of the product, taking into account the nature of the goods marketed.
In cases where the CUSTOMER considers that the product does not comply with the contract, he/she should contact us by e-mail at email@example.com, indicating why he/she considers the product to be defective, and attaching, where appropriate, photographic documentary evidence that reflects this.
In the event that the defect cannot be seen by means of a photograph, the CUSTOMER must return the product by courier to the MUK BARCELONA offices at C/Aribau 61, Local, 08012, in the city of Barcelona.
MUK BARCELONA will proceed to carefully examine the case and the photographs, or if applicable, the returned product and will inform the CUSTOMER by e-mail within a maximum period of 15 working days whether the product should be replaced, in the event that the product does not comply with the stipulations of the contract.
Only in the event that, due to the characteristics of the product, it contains a defect that cannot be replaced, MUK BARCELONA will proceed to refund the full amount paid by the CLIENT, including shipping costs and, where appropriate, the return costs incurred. The refund will be made using the same means of payment that was used to pay for the purchase. If it is impossible to process the refund using the same method of initial payment, the amount will be refunded by bank transfer.
The replacement or, where applicable, the refund of the product will be made as soon as possible and, in any case, within 14 days from the date on which MUK BARCELONA sends an email to the CUSTOMER confirming that the replacement or, where applicable, the refund of the non-conforming item is appropriate.
7.2.- Exceptions to the legal guarantee
The provisions of the previous paragraph on the legal guarantee shall not apply in the following cases:
- Return of damaged items and/or malfunctioning of the product due to misuse.
- When the defects indicated are due to abnormal or improper use; or to normal wear and tear or ageing due to the passage of time; or to an accidental occurrence.
- When the product shows clear signs of use beyond the product's capabilities, as well as obvious abuse in the form of knocks or damage caused by liquids or corrosive substances, as well as any other anomaly attributable to the consumer.
8. PROCESSING OF PERSONAL DATA AND COOKIES
To access our data privacy and cookie management policy click here.
9. INTELLECTUAL PROPERTY
9.1.- All the elements of the website www.mukbarcelona.com, including the personalised designs, are the property of La Pera al Vino S.L. (MUK BARCELONA) and are under the protection of the registered trademark M4063597(X) - Muk Barcelona.
MUK BARCELONA reserves the rightto refuse an order for a product designed by the CUSTOMER that is manifestly contrary to the law, public order, morality or good customs. In this case, the CUSTOMER will be informed by e-mail, and will be reimbursed for any payment that he/she may have made.
9.3.-Thereproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of La Pera al Vino S.L.,isexpressly prohibited. (MUK BARCELONA). The CLIENT undertakes to respect the rights of Intellectual and Industrial Property owned by La Pera al Vino S.L. (MUK BARCELONA).
9.4.- The CLIENT is aware and accepts that the entire website, including but not limited to text, software, content (including its structure, selection, arrangement and presentation), photographs, audiovisual material and graphics, is protected by trademarks, copyright and other legitimate rights, in accordance with international treaties to which Spain is a party and other property rights and laws of Spain.
10. COMMENTS, SUGGESTIONS AND COMPLAINTS
Comments and suggestions that the CUSTOMER wishes to communicate are welcomed by MUK BARCELONA. Comments, suggestions and complaints can be sent via the contact form on the website.
11. FORCE MAJEURE
MUK BARCELONA shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control and constitutes force majeure.
Force majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
The obligations of MUK BARCELONA shall be suspended during the period in which the cause of force majeure continues. MUK BARCELONA shall be granted an extension of the deadline for fulfilling its obligations for a period of time equal to the duration of the force majeure.
12. APPLICABLE LAW AND JURISDICTION
12.1.- The law applicable to these conditions is the law of the Spanish State.
12.2.- For any type of dispute or conflict that may arise as a result of this contract, the parties will first try to reach an amicable solution. In the event that an amicable solution is not possible, the jurisdiction to which the parties submit themselves will be the consumer and user's address or the address of MUK BARCELONA, at the consumer's choice. In the event that the CLIENT is not a consumer, the parties agree to submit to the courts and tribunals of the city of Barcelona.