Terms of service

GENERAL CONDITIONS OF SALE

These General Conditions of Sale are established between:

1.- On the one hand, La Pera al Vino S.L. with registered address at Carrer del Bruc 149, 08037, Barcelona, and with VAT ID B67311423; registered in the Barcelona Commercial Registry, Volume 46636, Folio 104, Sheet B526178, Entry 1; holder of 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 apply exclusively to consumers and users, and resale of purchased products is not permitted under any circumstances.

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

1. PURPOSE

These General Conditions of Sale are intended to regulate the sales procedure between the CUSTOMER and MUK BARCELONA, from placing the order, delivery and payment, as well as after-sales service.

2. ORDER

2.1.- The CUSTOMER may place their order through the website www.mukbarcelona.com, following the procedure established on the website and detailed below.

• First, the CUSTOMER must select the item they wish to purchase and click on the "add to cart" button. If they wish to purchase more than one product, they must select "add to cart" for each product. If they want the same product more than once, they must select "add to cart" as many times as the number of copies of the product they wish.

• Once the selection of items is complete, to make the purchase they must access the cart icon, at the top right of the website, and select "checkout".

• Next, they must provide the personal data requested for correct user identification.

• Once the personal data has been entered, the CUSTOMER must choose the delivery address for their order.

• To complete the process, they must choose and validate the payment method, formalizing the sales contract with MUK BARCELONA at the time of payment.

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

2.3.- All orders are subject to product availability from MUK BARCELONA. In the event of difficulties in supplying the selected product, MUK BARCELONA will inform the CUSTOMER of such difficulties within a period not exceeding fifteen days from the date of the order. If, after this period, any of the selected items are not in stock, MUK BARCELONA will refund the CUSTOMER any amount that may have been paid for that particular item.

3. DELIVERY

3.1- The product will be delivered to the address provided by the CUSTOMER during the sales process. Delivery will be made by a carrier from the shipping company with which MUK BARCELONA collaborates at the time of the order. The carrier will physically appear at the address indicated by the CUSTOMER and deliver the product. In the event of the CUSTOMER's absence at the indicated address, the carrier will leave a notice for a second delivery attempt. If the second delivery cannot be completed, the carrier will leave the package at the nearest transport office to the CUSTOMER's address. The additional cost of delivery through this mechanism will be indicated on the website during the purchase process when the CUSTOMER enters their address.

3.2.- If the delivery address indicated by the CUSTOMER is in the city of Barcelona, during the purchase process the option will be offered for the order to be collected at MUK BARCELONA's premises, at no cost, at Carrer del Bruc 149, 08037, Barcelona, or at our store at Carrer dels Boters 8, 08002, during the office hours indicated on the website.

3.3.- Unless there are circumstances arising from the personalization of the products that may delay delivery, or unforeseen or extraordinary circumstances occur, MUK BARCELONA will ship the order within the delivery period indicated during the sales process and, in any case, within a maximum period of 30 days from the date of order confirmation.

4. PAYMENT

The CUSTOMER may choose, during the purchase process, from the following payment methods:

– By bank card

All payments are processed through Shopify Payments and the corresponding payment gateways in a secure environment with SSL encryption. Your card details are not stored in our systems: they are sent encrypted directly to the payment provider. We accept VISA, Mastercard, American Express, Apple Pay, Google Pay, PayPal and Bizum, among others. Card fraud is a crime and MUK BARCELONA will take legal action against any fraudulent transaction.

– With PayPal

– With Bizum

5. PRICE

The prices of the items ordered include the corresponding taxes and duties. A fixed charge for shipping costs, which includes handling, packaging and shipping from our offices, will be added to each order. The additional delivery cost will be indicated on the website during the purchase process when the CUSTOMER enters their address.

6. RIGHT OF WITHDRAWAL

6.1.- Exercising the right of withdrawal

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

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

To exercise the right of withdrawal, the CUSTOMER must notify MUK BARCELONA before the above period has expired, of their intention to withdraw from the contract by writing an email to info@mukbarcelona.com. To this end, the consumer may use a standard withdrawal form or make any other unequivocal statement of their wish 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, without undue delay and, in any case, no later than 14 calendar days from the date on which MUK BARCELONA is informed of the decision to withdraw from this contract.

In the event that the CUSTOMER has expressly selected a delivery method other than the least expensive standard delivery method, MUK BARCELONA will not be obliged to reimburse the additional costs arising therefrom.

MUK BARCELONA will make the refund using the same means of payment used by the CUSTOMER for the initial transaction, and the CUSTOMER will not incur any expense as a result of the refund. If it is not possible to process the return via the original payment method, the refund will be issued by bank transfer.

The CUSTOMER must return the product by courier, without undue delay and, in any case, within a maximum of 14 calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline shall be deemed to have been met if the CUSTOMER returns the goods before the end of said period.

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

MUK BARCELONA may withhold the refund until it has received the goods, or until the CUSTOMER has provided proof of return of the goods, whichever condition is met first.

6.3. Exceptions to the right of withdrawal

The CUSTOMER shall not have the right to withdraw from the contract where the subject matter is the supply of any of the following products:

1. Personalized items.

1. Sealed goods that have been unsealed after delivery for hygiene reasons.

The CUSTOMER's right of withdrawal shall apply exclusively to those products returned in the same condition in which they were received. No refund will be made if the product has been used beyond mere opening, if the products are not in the same condition as delivered, or if they have suffered any damage, and therefore the CUSTOMER must take care of the product(s) while they are in their possession.

The CUSTOMER must return the item including its original packaging and any accompanying documents, as failure to do so will result in depreciation of the goods.

After examining the item, MUK BARCELONA will inform the CUSTOMER whether they are entitled to a refund of the amounts paid, depending on the condition of the product.

The refund will reach the CUSTOMER's bank account within five to ten days, depending on the payment method.

7. RETURNS FOR DEFECTIVE PRODUCTS

7.1.- Legal warranty

MUK BARCELONA informs the CUSTOMER that it offers warranties on the products it sells through this website, in the legally established terms for each type of product, and is therefore liable for any lack of conformity that becomes apparent within the legally established period under Royal Decree-Law 1/2007 of the General Consumer and User Protection Act from the delivery of the product, taking into account the nature of the product sold.

In cases where the CUSTOMER considers that the product does not conform to the contract, they should contact us via email at info@mukbarcelona.com, indicating why they consider the product to be defective, and attaching, where applicable, photographic evidence.

If the defect cannot be assessed by photograph, the CUSTOMER must return the product by courier to the MUK BARCELONA offices at Carrer del Bruc 149, 08037, Barcelona.

MUK BARCELONA will carefully examine the case and photographs, or where applicable, the returned product, and will inform the CUSTOMER by email within a maximum of 15 business days whether the product should be replaced, if 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 refund the full amount paid by the CUSTOMER including shipping costs and, where applicable, any return costs incurred. The refund will be made using the same payment method used to pay for the purchase. If it is not possible to process the return via the original payment method, the refund will be issued by bank transfer.

The replacement or, where applicable, refund of the product will be made as soon as possible and, in any case, within 14 days following the date on which MUK BARCELONA sends the CUSTOMER an email confirming that the replacement or, where applicable, refund of the non-conforming item is appropriate.

7.2.- Exceptions to the legal warranty

The provisions of the preceding section on the legal warranty shall not apply in the following cases:

• Return of damaged items and/or product malfunction due to misuse.

• When the defects indicated are due to abnormal or inappropriate use; or to normal wear and tear over time; or to an accidental event.

• When the product shows clear signs of use beyond its capabilities, as well as evident mistreatment in the form of impacts or deterioration caused by liquids or corrosive substances, as well as any other anomaly attributable to the consumer.

8. PERSONAL DATA PROCESSING AND COOKIES

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

9. INTELLECTUAL PROPERTY

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

9.2.- MUK BARCELONA reserves the right to reject the order of a product designed by the CUSTOMER that is manifestly contrary to the law, public order, morality or good customs. In that case, the CUSTOMER will be notified by email, and any payment that may have been made will be refunded.

9.3.- The reproduction, 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 authorization of La Pera al Vino S.L. (MUK BARCELONA), are expressly prohibited. The CUSTOMER undertakes to respect the Intellectual and Industrial Property rights owned by La Pera al Vino S.L. (MUK BARCELONA).

9.4.- The CUSTOMER acknowledges and accepts that the entirety of the website, containing without limitation the text, software, contents (including structure, selection, arrangement and presentation thereof), photographs, audiovisual and graphic material, is protected by trademarks, copyright and other legitimate rights, in accordance with the 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 welcome at MUK BARCELONA. Comments, suggestions and complaints can be sent through the contact form on the website.

11. FORCE MAJEURE

MUK BARCELONA shall not be liable for any breach or delay in the fulfilment of any of the obligations assumed, when such breach or delay is due to events beyond its reasonable control and constituting force majeure.

Force majeure causes shall include any act, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:

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, collapse, epidemic or any other natural disaster.

1. Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
2. Inability to use public or private telecommunications systems.
3. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

MUK BARCELONA's obligations shall be suspended for the period during which the force majeure cause continues. MUK BARCELONA shall have an extension of the period to fulfil its obligations for a period equal to the duration of the force majeure cause.

12. APPLICABLE LAW AND JURISDICTION

12.1.- The law applicable to these conditions is Spanish law.

12.2.- For any type of dispute or conflict that may arise from this contract, the parties shall first try to reach an amicable solution. In the event that an amicable solution is not possible, the jurisdiction to which the parties submit shall be the domicile of the consumer or the domicile of MUK BARCELONA, at the consumer's choice. In the event that the CUSTOMER is not a consumer, the parties agree to submit to the courts and tribunals of the city of Barcelona.