Terms of service

GENERAL TERMS AND CONDITIONS OF THE CONTRACT

The present General Conditions of Sale are established between:

1.- On the one hand, the Company LA PERA AL VINO S.L. with address at C/ Aribau nº 61 Local, 08011, Barcelona, and with NIF B67311423; registered in the Mercantile Registry of Barcelona, Volume 46636, Folio 104, Page B526178, Inscription 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, "the CUSTOMER".

These conditions are applicable exclusively to consumers and users, without in any case is allowed the resale of the products purchased.

The placement of an order implies the acceptance of these General Conditions of Sale by the CUSTOMER, as well as any other specified in the order itself.

1. OBJECT

The purpose of these General Conditions of Sale is to regulate the sales procedure between the CUSTOMER and MUK BARCELONA, from the placing of the order, delivery and payment, as well as the after-sales service.

2. ORDER

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, the CUSTOMER must select the item you wish to purchase and click on the tab "add to cart". If you wish to purchase more than one product, you must select the "add to cart" tab for each of the products. In case 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 access the shopping cart icon at the top right-hand side of the web site and select "finalize purchase".
  • Next, you must provide the personal data requested for a correct identification of the user.
  • Once the personal data has been entered, the CUSTOMER must choose the delivery address of his order.
  • To complete the process, you must choose and validate the method of payment, formalizing at the time of payment, the sales contract with MUK BARCELONA.

2.2 .- The realization by the CUSTOMER of the order is equivalent to the full acceptance of the prices, the description of the products for sale and the General Conditions of Sale, as well as any other specified in the order itself during the sales process.

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 shall inform the CUSTOMER of such difficulties within a period not exceeding fifteen days from the placing of the order. If after this period, any of the items selected are not in stock, MUK BARCELONA shall reimburse the CUSTOMER for any amount that may have been paid for the purchase of that specific item.

3. DELIVERY

3.1- The product will be delivered to the address provided by the CUSTOMER during the sales procedure. The delivery will be made by a carrier of the transport company with which MUK BARCELONA collaborates on the date of the order. The carrier will physically appear at the address indicated by the CUSTOMER and the product will be delivered. In case of absence of the CUSTOMER at 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 at the time of entering the address of the CUSTOMER, the additional cost of delivery by this mechanism will be indicated.

3.2.- In the event that the delivery address indicated by the CUSTOMER is in the city of Barcelona, during the purchase process, the option will be offered that the order can be picked up at the address of MUK BARCELONA, without any cost, in the street Aribau nº61, Local, C.P. 08011, in the city of Barcelona, during the office hours indicated on the website.

3.3.- Unless there are circumstances arising from the customization 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 order confirmation.

4. PAYMENT

The CLIENT may choose, during the purchase process, between the following payment methods:

- By bank card.

All payments made by credit 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.

Bankcard payment processing services are provided by Shopify Payments. By agreeing to the La Pera al Vino SL Terms of Use or continuing to operate as a User on Muk Barcelona, You agree to be bound by the Shopify Payments Services Agreement, as the same may be modified by Shopify Payments from time to time. As a condition of LPV enabling payment processing services through Shopify Payments, you agree to provide LPV with accurate and complete information about you and your business, and you authorize LPV to share transaction information related to your use of the payment processing services provided by Shopify Payments.

VISA or MASTERCARD credit card.

  • We guarantee that each and every transaction made on Nombre Tienda Muk Barcelona is 100% secure. All transactions involving the transmission of personal or banking data 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 Payment section.).
  • Also, your credit card information is not registered in any database but goes 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 in 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 VISA or MASTERCARD in our store.
  • In the event that your card is not adhered to this payment system, Nombre Tienda Muk Barcelona will only accept payment by credit card VISA or MASTERCARD to customers with seniority and reliability previously demonstrated.
  • In both cases, when paying with VISA or MASTERCARD the following data will always be requested: the card number, the expiration date, and a Validation Code that matches 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 crime, and Nombre Tienda Muk Barcelona will prosecute anyone who makes a fraudulent transaction in our online store.

- With PayPal

-With BIZUM

5. PRICE

The prices of the items ordered will include taxes and fees. A fixed shipping cost will be added to each order, which includes handling, packaging and shipping from our offices. On the website and during the purchase process at the time of entering the address of the CUSTOMER, the additional cost of delivery will be indicated.

6. RIGHT OF WITHDRAWAL

6.1 .- Exercise of the right of withdrawal

The CUSTOMER has the right to withdraw from his order within 14 calendar days without justification.

The withdrawal period will expire 14 calendar days from the day on which the CUSTOMER or a third party indicated by the CUSTOMER, other than the carrier, acquire material possession of the products.

In order to exercise the right of withdrawal, the CUSTOMER must communicate to MUK BARCELONA, before the expiry of the above period, its intention to withdraw from the contract by writing an email to info@mukbarcelona.com. For this purpose, 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 cancellation

In the event of withdrawal, MUK BARCELONA will return to the CUSTOMER all payments received, 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 informed.

In the event that THE CUSTOMER has expressly selected a mode of delivery other than the least expensive mode of ordinary delivery, MUK BARCELONA shall not be obliged to reimburse any additional costs arising therefrom.

MUK BARCELONA shall proceed to make the refund using the same means of payment used by the CUSTOMER for the initial transaction, and the CUSTOMER shall not incur any costs as a result of the refund. If it is impossible to process the refund using the same payment method used by the CUSTOMER, the amount will be refunded by bank transfer.

The CUSTOMER must return the product by courier, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which it communicates its decision to withdraw from the contract. The deadline shall be deemed met if you return the goods before the end of this period.

The CUSTOMER shall bear the direct costs of returning the product, such as courier or carrier.

MUKBARCELONA may withhold the 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 cancellation

The CUSTOMER shall not have the right to withdraw from the contract whose object is the supply of any of the following products:

  1. Personalized items.
  1. Goods sealed for hygienic reasons that have been unsealed after delivery.

The right of withdrawal of the CUSTOMER shall apply only to those products that are returned in the same condition in which it received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or 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 the documents that, if any, accompany it, otherwise the good will suffer depreciation.

After examining the item, MUK BARCELONA will inform the CUSTOMER if he/she is entitled to a refund of the amounts paid or not, depending on the condition of the product.

The time period for the refund to arrive effectively to the CLIENT'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 CUSTOMER that offers guarantees on the products marketed through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested in the legally established period of RDL 1/2007 of the General Law of Defense of Consumers and Users from the delivery of the product taking into account the nature of the marketed good.

In cases where the CUSTOMER considers that the product does not conform to the contract, you should contact us via our email info@mukbarcelona.com, indicating why you consider that the product is defective, and attaching, if necessary, photographic documentary evidence that reflects it.

In the event that the defect cannot be appreciated by means of a photograph, the CUSTOMER must return the product by courier to the address of the offices of MUK BARCELONA, in 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 will be replaced, in the event that the product does not conform to 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 CUSTOMER including shipping costs and, where appropriate, the return costs incurred. The refund will be made in the same payment method used to pay for the purchase. In the impossibility of being able to manage the return in the same method of initial payment, we will proceed to refund the amount by bank transfer.

The replacement or, where appropriate, 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 appropriate, the refund of the non-conforming item.

7.2.- Exceptions to the legal guarantee

The provisions of the previous section on the legal guarantee shall not apply in the following cases:

  • Return of damaged items and/or malfunctioning of the product due to misuse of the same.
  • When the defects indicated are due to abnormal or improper use; or normal wear and tear or aging due to the passage of time; or an accidental event.
  • When the product shows clear signs of a use that exceeds its capabilities, as well as evident abuse in the form of blows or deterioration caused by liquids or corrosive substances, as well as any other anomaly attributable to the consumer.

8. TREATMENT OF PERSONAL DATA AND COOKIES

To access our data privacy and cookie management policy click here.

9. INTELLECTUAL PROPERTY

9.1 .- All elements of the website www.mukbarcelona.com, including custom designs, are owned by La Pera al Vino S.L. (MUK BARCELONA) and are under the protection of the trademark M4063597(X) - Muk Barcelona.

MUK BARCELONA reserves the right not to accept the order of a product designed by the CUSTOMER that is manifestly contrary to law, public order, morality or decency. 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 its modality of making available, of all or part of the contents of this website, for commercial purposes, in any support and by any technical means, without the authorization of La Pera al Vino S.L. (MUK BARCELONA)areexpressly prohibited. The CLIENT undertakes to respect the Intellectual and Industrial Property rights owned by La Pera al Vino S.L. (MUK BARCELONA).

9.4.- The CLIENT knows and accepts that the entire website, including but not limited to text, software, content (including structure, selection, arrangement and presentation thereof), photographs, audiovisual material and graphics, is protected by trademarks, copyrights 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 CLIENT wishes to communicate are welcomed by MUK BARCELONA. Comments and suggestions and complaints can be sent through the contact form found on the website.

11. FORCE MAJEURE

MUK BARCELONA shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control and constitutes force majeure.

Force majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  1. Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
  2. Impossibility of using public or private telecommunications systems.
  3. 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 have an extension of time to comply with 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 the present conditions is the law of the Spanish State.

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 will be the domicile of the consumer and user or the domicile of MUK BARCELONA, at the choice of the consumer. 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.

Free shipping

in 48-72h from €50

Personalized customer service

For any questions, write to info@mukbarcelona.com

Packaging

Exclusive packaging for each order

Secure payment

Paypal, Apple-Pay, Clear Pay or credit and debit cards.