General Conditions of Sale
HOLIDAY SHIPPING:
I. General Information
The ownership of this website www.mukhee.com (hereinafter, Website) is held by: MAUBRON, SL, with CIF: B72683246 and registered in: REGISTRAR MERCANTIL DE MADRID with the following registration data: VOLUME 44342, BOOK 0, FOLIO 10, SECTION 8, SHEET M-781565, whose representative is: MAUBRON S.L., and whose contact details are:
Address: Avenida Monasterio de El Escorial nº 5, C, Bajo A, 28049, Madrid.
Contact number: 633 027 994
Email address: hola@mukhee.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this website (www.mukhee.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that MUKHEE developed through the Website includes:
Retail trade by mail order or internet of all types of products and services, as well as retail trade of clothing, footwear and leather goods in specialized establishments.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy. By using this Website or making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all the above, so, if you do not agree with all of this, you must not use this website.
Likewise, it is reported that these Conditions may undergo modifications. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time the acquisition of products and/or services is requested will apply.
For any questions the User may have regarding the Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
II. The User
Accessing, browsing and using the Website confers the status of user (hereinafter, indistinctly, individually as User or jointly as Users), so that all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment browsing of the Website begins, without prejudice to the application of the corresponding legal regulations of mandatory compliance, if applicable.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Use this Website only to make queries and legally valid purchases.
- Do not make any false or fraudulent purchases. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and reported to the relevant authorities.
- Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is aimed at Users residing mainly in Spain. MUKHEE does not guarantee that the Website complies with the laws of other countries, either totally or partially. MUKHEE declines any responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may formalize, at their choice, with MUKHEE the sales contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
III. Purchase or Acquisition Process
Duly registered Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure http://www.mukhee.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Add to cart and finalize order".
Likewise, the User must complete and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that MUKHEE has received their order or purchase request and/or service provision, that is, the order confirmation. And, if applicable, they will also be informed by email when their purchase is shipped. If applicable, this information may also be made available to the User through their personal login space on the Website.
Once the purchase procedure is completed, the User consents for the Website to generate an electronic invoice that the User can request via email. Likewise, the User may, if they wish, obtain a copy of their invoice on paper, requesting it from MUKHEE through the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular sales conditions that concern the product and/or service in question and that are shown next to its presentation or, if applicable, image on its page of the Website, indicating, by way of example, but not exhaustively, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be made and/or cost of benefits; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular sales conditions applicable to each case.
The communications, purchase orders and payments involved in the transactions carried out on the Website may be archived and kept in MUKHEE's computer records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force in this regard that are applicable, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of data and the free movement of these data (GDPR) and the rights that assist Users in accordance with the privacy policy of this Website.
IV. Availability
All purchase orders received by MUKHEE through the Website are subject to the availability of the products and/or that no unforeseen circumstances or force majeure (ninth clause of these Conditions) affect their provision and/or the provision of services. If there are difficulties in the supply of products or there are no products in stock, MUKHEE undertakes to contact the User and refund any amount they may have paid as a quantity.
It will not imply any type of damage or compensation for not having available stock of the product offered for www.mukhee.com. The customer always has the possibility to make a prior inquiry about the stock before placing the order using the email hola@mukhee.com, the contact form or the live chat if available.
V. Prices and Payment
The prices shown on the Website are final, in Euros (€) and include taxes, unless, due to legal requirements, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are not included in the final prices of the products as shown on the Website. Before finalizing the purchase, an additional charge for shipping costs will be applied.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card and PayPal.
MUKHEE uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the issuing bank; if said entity does not authorize payment, MUKHEE will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.
In any case, by clicking on "Add to cart and finalize order" the User confirms that the payment method used is theirs.
VI. Delivery
In those cases where physical delivery of the contracted goods is to be made, deliveries will be made within the following territory: mainland Spain, Balearic Islands and mainland Portugal. For deliveries to destinations other than those mentioned, you must contact directly by email: hola@mukhee.com
Except in those cases where unforeseen or extraordinary circumstances or, if applicable, resulting from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website.
If, for any reason attributable to the user/client, MUKHEE cannot meet the delivery date, MUKHEE will contact the user to inform them of this circumstance, and the user may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the paid price. In any case, home deliveries are made on working days.
MUKHEE assumes no responsibility when the delivery of the product or service is not carried out due to the data provided by the user being false, inaccurate or incomplete, or when delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be redelivered.
If the User is not going to be at the delivery location during the agreed time slot, they must contact MUKHEE to arrange delivery on another day.
If 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to MUKHEE, MUKHEE will understand that the User wishes to withdraw from the contract and this will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of delivery and management costs, without undue delay and, in any case, within a maximum period of 30 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when MUKHEE receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it occurs at a later time than the receipt of the total payment amount by MUKHEE.
In accordance with the provisions of Law 88/1330 on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific item in question.
VII. Technical Means to Correct Errors
The User is informed that if they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they can modify them by contacting MUKHEE through the contact spaces enabled on the Website, and, if applicable, through the authorized customer service, and/or using the contact information provided in the first clause (General Information).
In any case, the User, before clicking "Add to cart and finalize order", has access to the space, cart or basket where they are noting their purchase requests and can make changes.
Likewise, the User is advised to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).
VIII. Returns
In cases where the User purchases products on or through the owner's Website, they have a series of rights, which are listed and described below:
Right to Withdraw
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on MUKHEE's Website, or in the event that the goods making up their order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must communicate their decision to MUKHEE. They can do so, if applicable, through the contact spaces enabled on the Website or through:
MAUBRON S.L.
Avenida Monasterio de El Escorial 5, portal C, Bajo A, 28049, Madrid
Tel. 633 027 994
Email: hola@mukhee.com
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally state that it is their intention to withdraw from the sales contract. In any case, the User may use the model withdrawal form that MUKHEE provides as an attachment to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, MUKHEE will reimburse the User all payments received, except for shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date MUKHEE receives the product in perfect condition at the address established for returns.
MUKHEE will reimburse the User using the same payment method used by them to make the initial purchase transaction. This refund will not generate any additional cost for the User. However, MUKHEE may withhold said refund until it has received the products or items of the purchase.
The User can return or send the products to MUKHEE at:
MAUBRON S.L.
Avenida Monasterio de El Escorial 5, portal C, Bajo A, 28049, Madrid
Tel. 633 027 994<
Email: hola@mukhee.com
And they must do so without undue delay and, in any case, no later than 14 calendar days after the date MUKHEE receives the product and has verified that it is in perfect condition and in the same conditions in which it was delivered to the user.
The User acknowledges that they must bear the direct cost of returning (transport, delivery) the merchandise, if any is incurred. In addition, they will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as established in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of illustration, and not exhaustively, this would be the case for: personalized products; products that can deteriorate or expire quickly; music or video CD/DVDs without their packaging, factory sealed; products that for health or hygiene reasons are sealed and have been opened after delivery.
In this same sense, the provision of a service that the User may contract on this Website is governed, as this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition by them that they are aware that, once the contract has been fully executed by MUKHEE, they will have lost their right of withdrawal.
In any case, no return will be made if the product has been used beyond merely opening it, or for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of Defective Products or Error in Shipping
These are all cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact MUKHEE immediately and inform them of the existing discrepancy (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, of the return or, if applicable, the replacement of the same.
The return or replacement of the product will be carried out as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to defect, when it actually exists, will be fully reimbursed, including shipping costs and any expenses that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time will always be for the User, as a consumer and user.
Warranty
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, under the legally established terms for each type of product, MUKHEE being responsible, therefore, for any lack of conformity that manifests itself within a period of two years for products purchased before 2022 and three years for products purchased in 2022 from the delivery of the product.
In this sense, it is understood that products are in conformity with the contract as long as: they conform to the description made by MUKHEE and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section on Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore will form part of the individual appearance of the product, and may not be a defect.
On the other hand, it may happen that the User purchases a product from a third-party brand or manufacturer on the Website. In this case, and considering the User that it is a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the year after the delivery of said products. To do this, the User must have kept all the information regarding the product warranty.
IX. Disclaimer
Unless otherwise provided by law, MUKHEE will not accept any liability for the following losses, regardless of their origin:
- any loss not attributable to any breach on its part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time of formalizing the product sales contract between both parties.
Likewise, MUKHEE also limits its liability in the following cases:
- MUKHEE applies all measures to provide a faithful visualization of the product on the Website, however, it is not responsible for minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
- MUKHEE will act with the utmost diligence to make the product subject of the purchase order available to the company responsible for transporting it. However, it is not responsible for damages derived from a malfunction of transport, especially for reasons such as strikes, road blockages, and in general any other specific to the sector, which result in delays, loss or theft of the product.
- Technical failures that, due to unforeseen or other causes, prevent the normal operation of the service through the internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. MUKHEE uses all means at its disposal to carry out the process of purchase, payment and shipping/delivery of products, however, it is exempt from responsibility for causes not attributable to it, unforeseen events or force majeure.
- MUKHEE will not be responsible for the misuse and/or wear and tear of products that have been used by the user. At the same time, MUKHEE will also not be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
In general, MUKHEE will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to facts beyond its reasonable control, that is, due to force majeure, and this may include, by way of example, but not exhaustively:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, 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.
Thus, obligations will be suspended during the period in which the cause of force majeure continues, and MUKHEE will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. MUKHEE will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
X. Communications and Written Notifications
By using this Website, the User accepts that most communications with MUKHEE are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that MUKHEE sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notices and/or communicate with MUKHEE through the contact details provided in these Conditions and, if applicable, through the contact spaces on the Website.
Likewise, unless otherwise provided, MUKHEE may contact and/or notify the User at their email address or at the postal address provided.
XI. Waiver
No waiver by MUKHEE of a specific right or legal action or MUKHEE's failure to demand strict compliance by the User with any of its obligations will imply, or waive other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling their obligations.
No waiver by MUKHEE of any of these Conditions or of the rights or actions derived from a contract will be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.
XII. Nullity
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without this declaration of nullity affecting them.
XIII. Entire Agreement
These Conditions and any document expressly referred to therein constitute the entire agreement between the User and MUKHEE in relation to the object of sale and replace any other previous agreement, understanding or promise agreed verbally or in writing by the same parties.
The User and MUKHEE acknowledge having given their consent to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
XIV. Data Protection
The information or personal data that the User provides to MUKHEE in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all information or data provided is truthful.
XV. Applicable Law and Jurisdiction
Access, browsing and/or use of this Website and product purchase contracts through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between MUKHEE and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
XVI. Complaints
The User can send their complaints, claims or any other comments they wish to make to MUKHEE through the contact details provided at the beginning of these Conditions.
In addition, MUKHEE has official complaint forms available to consumers and users, which can be requested from MUKHEE at any time, using the contact details provided at the beginning of these Conditions.
Likewise, if the conclusion of this purchase contract between MUKHEE and the User gives rise to a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
You can access this method through the following website: http://ec.europa.eu/consumers/odr