General Conditions of Sale
I. General Information
The ownership of this website www.mukhee.com (hereinafter, Website) is owned by: MAUBRON, SL, with CIF: B72683246 and registered in: REGISTRAR MERCANTIL DE MADRID with the following registration details: VOLUME 44342, BOOK 0, FOLIO 10, SECTION 8, SHEET M-781565, whose representative is: MAUBRON SL, and whose contact details are:
Address: Monasterio de El Escorial Avenue 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:
Mail-order and online retail trade of all types of products and services, as well as retail trade of clothing, footwear, and leather goods in specialized stores.
In addition to reading these Terms and 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 Cookie 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 Terms and Conditions and all of the foregoing. Therefore, if you do not agree with all of this, you should not use this website.
Likewise, please be advised that these Terms and Conditions may be subject to modifications. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.
For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact information provided above or, where appropriate, using the contact form.
II. The User
Access, browsing, and use of the Website confers the status of user (hereinafter, indistinctly, individually as User or jointly as Users). Therefore, from the moment you begin browsing the Website, you accept all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, where applicable.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Use this Website only for legally valid inquiries and purchases.
- Do not make any false or fraudulent purchases. If such a purchase could reasonably be believed to have been made, it may be reversed 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 intended for Users primarily residing in Spain. MUKHEE does not guarantee that the Website complies with the laws of other countries, either in whole or in part. MUKHEE declines any liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may, at his or her discretion, formalize 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. Process Purchase or Acquisition
Duly registered Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at http://www.mukhee.com , during which they may select various products and/or services and add them to their shopping cart, basket, or final purchase space, then click "Add to Cart and Complete Order."
Likewise, the User must complete and/or verify the information requested at each step, although, during the purchasing process, before making the payment, the purchase data can be modified.
The User will then receive an email confirming that MUKHEE has received their order or request for purchase and/or service provision, i.e., the order confirmation. They will also be notified by email when their purchase has been shipped, if applicable. This information may also be made available to the User through their personal account when connecting to the Website.
Once the purchase process is complete, the User agrees that the Website will generate an electronic invoice, which the User may request via email. Furthermore, the User may, if desired, obtain a paper copy of their invoice by requesting it from MUKHEE through the contact areas on the Website or using the contact information provided above.
The User acknowledges that they are aware, at the time of purchase, of certain specific conditions of sale that apply to the product and/or service in question and that are displayed alongside the presentation or, where applicable, an image of the same on the Website page. These conditions include, by way of example but not exhaustively, and taking into account each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be made and/or the cost of the benefits. They also acknowledge that the execution of the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.
Communications, purchase orders and payments made during transactions on the Website may be archived and stored in MUKHEE's computer records in order to constitute proof of the transactions, in all cases, respecting 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 personal data and the free circulation 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 product availability and/or the absence of any circumstances or force majeure (clause nine of these Terms and Conditions) affecting the provision of the products and/or services. If there are difficulties in supplying products or if products are out of stock, MUKHEE undertakes to contact the User and refund any amount they may have paid.
No damages or compensation will be incurred for not having the product offered on www.mukhee.com in stock. Customers can always check stock availability before placing their order by emailing hola@mukhee.com , using the contact form, or using live chat, if available.
V. Prices and Payment
The prices shown on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied due to legal requirements, especially in relation to VAT.
Shipping costs are not included in the final product prices as shown on the Website. An additional shipping charge will be applied before finalizing the purchase.
Under no circumstances 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 any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods include: credit or debit card and PayPal.
MUKHEE uses all reasonable means to ensure the confidentiality and security of 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 verification and authorization by the issuing bank. If the bank 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 "Add to cart and complete order," the User confirms that the payment method used is their own.
VI. Delivery
In cases where physical delivery of the contracted merchandise is to be made, deliveries will be made within the following territories: mainland Spain, the Balearic Islands, and mainland Portugal. For deliveries to destinations other than those mentioned above, please contact us directly via email: hello@mukhee.com
Except in cases where unforeseen or extraordinary circumstances arise, or where applicable, arising from the customization of products, the purchase order comprising the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website.
If, for any reason attributable to the user/customer, MUKHEE is unable to meet the delivery date, MUKHEE will contact the user to inform them of this circumstance. The user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In all cases, home deliveries are made on business days.
MUKHEE assumes no liability for failure to deliver the product or service due to false, inaccurate, or incomplete information provided by the user, or for failure to deliver due to reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
If the order cannot be delivered due to the User's absence, it may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for a redelivery.
If the User will not 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 deemed 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 processing fees, without undue delay and, in any case, within a maximum period of 30 calendar days from the date on which the contract is deemed terminated.
However, the User must bear in mind that the transportation resulting from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.
Any risks arising 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 owed in connection with the purchase, including shipping costs, or at the time of delivery, if this occurs later than MUKHEE has received the full payment.
In accordance with the provisions of Law 88/1330 on Value Added Tax (VAT), purchase orders for delivery and/or services will be deemed to be located within the Spanish VAT area if the delivery address is located within Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally valid rate at any given time, depending on the specific item in question.
VII. Technical Means for Correcting Errors
The User is informed that if they detect an error when entering the data required to process their purchase request on the Website, they may modify it by contacting MUKHEE through the contact spaces provided on the Website and, where applicable, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information).
In any case, before clicking "Add to cart and complete order," the User has access to the space, cart, or basket where they are recording their purchase requests and can make changes.
Likewise, the User is referred 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 to 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 circulation of such data (GDPR).
VIII. Returns
In cases where the User purchases products on or through the owner's Website, he or she has a series of rights, which are listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the MUKHEE Website or, in the event that the goods comprising your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, 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 on which the contract is concluded.
To exercise this right of withdrawal, the User must notify MUKHEE of their decision. They may do so, where appropriate, through the contact spaces provided on the Website or through:
MAUBRON SL
Monasterio de El Escorial Avenue 5, portal C, Ground Floor A, 28049, Madrid
Tel. 633 027 994
Email: hola@mukhee.com
Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally state their intention to withdraw from the purchase agreement. In any case, the User may use the withdrawal form provided by MUKHEE as an attachment to these Terms and Conditions; however, its use is not mandatory.
To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.
In the event of withdrawal, MUKHEE will refund 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 refund the User using the same payment method used to make the initial purchase. This refund will not incur any additional costs for the User. However, MUKHEE may withhold said refund until it has received the purchased products or items.
The User can return or send the products to MUKHEE at:
MAUBRON SL
Monasterio de El Escorial Avenue 5, portal C, Ground Floor A, 28049, Madrid
Tel. 633 027 994
Email: hola@mukhee.com
And it must do so without undue delay and, in any case, no later than 14 calendar days after the date on which MUKHEE receives the product and has verified that it is in perfect condition and in the same condition in which it was delivered to the user.
The User acknowledges that they must bear the direct cost of returning the merchandise (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the merchandise.
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 revised text of the General Law on Consumer and User Protection and other complementary laws. This includes, but is not limited to, the following: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, factory-sealed; products that are sealed for health or hygiene reasons 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, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been executed in its entirety, or when it has begun, with the express consent of the consumer and user and with the recognition on their part 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 refunds will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.
Likewise, products must be returned using or including all of their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of Defective Products or Shipping Errors
All of these are cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact MUKHEE immediately and inform him/her of the existing non-conformity (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 how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable time, of the return or, where appropriate, replacement.
The return or replacement of the product will be made as soon as possible and, in any case, within 30 days of the date on which we send you an email confirming that the return or replacement of the non-compliant item is appropriate.
The amount paid for products returned due to defects, when a defect actually exists, will be fully refunded, including shipping costs and any costs the User may have incurred in returning the product. The refund will be processed using the same payment method used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any given time will always apply to the User, as a consumer and user.
Warranty
The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, under the terms legally established for each type of product. MUKHEE is therefore responsible for any lack of conformity that may become apparent within a period of two years for products purchased before 2022 and three years for products purchased in 2022 from the date of delivery of the product.
In this regard, products are deemed to be in compliance with the contract provided that: they conform to the description provided by MUKHEE and possess the qualities presented therein; they are suitable for the uses for which products of the same type are typically intended; and they present the quality and benefits typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may have non-uniform characteristics, provided that these characteristics are derived from the type of material with which they were manufactured. These characteristics will therefore form part of the individual appearance of the product and may not constitute a defect.
On the other hand, the User may purchase a product from a third-party brand or manufacturer on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within one year of delivery of said products. To do so, the User must have retained all information regarding the product warranty.
IX. Disclaimer of Liability
Unless otherwise provided by law, MUKHEE will not accept any liability for the following losses, regardless of their origin:
- any loss that is not attributable to any breach on your part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenditure incurred); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.
MUKHEE also limits its liability in the following cases:
- MUKHEE takes every measure to ensure an accurate display of the product on the Website. However, it is not responsible for minor differences or inaccuracies that may occur due to poor screen resolution, browser issues, or other similar issues.
- MUKHEE will act with the utmost diligence to make the product ordered available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to strikes, roadblocks, and any other industry-specific reasons, resulting in delays, loss, or theft of the product.
- Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Website downtime due to maintenance or other reasons, impeding the availability of the service. MUKHEE uses all available means to carry out the purchase, payment, and shipping/delivery of the products. However, it is not liable for causes beyond its control, such as acts of God or force majeure.
- MUKHEE will not be responsible for misuse and/or wear and tear of products used by the user. At the same time, MUKHEE will not be responsible for incorrect returns made by the user. It is the user's responsibility to return the correct product.
Generally, MUKHEE shall not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
- 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.
- Impossibility of using trains, ships, airplanes, motor vehicles 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.
In this way, the obligations will be suspended for the duration of the force majeure event, and MUKHEE will have an extension of the deadline to perform them for a period equal to the duration of the force majeure event. MUKHEE will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.
X. Written Communications and Notifications
By using this Website, the User accepts that most communications with MUKHEE are electronic (email or notices posted on the Website).
For contractual purposes, the User agrees 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 User's statutory rights.
The User may send notifications and/or communicate with MUKHEE through the contact information provided in these Terms and, where 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. Resignation
No waiver by MUKHEE of any specific right or remedy or failure by MUKHEE to require strict performance by the User of any of its obligations shall imply or waive any other rights or remedies arising from a contract or the Conditions, nor shall it relieve the User from compliance with its obligations.
No waiver by MUKHEE of any of these Terms or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
XII. Nullity
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
XIII. Complete Agreement
These Terms and any document expressly referenced herein constitute the entire agreement between the User and MUKHEE in relation to the subject matter of the sale and supersede any prior agreement, understanding, or promise made verbally or in writing by the same parties.
The User and MUKHEE acknowledge that they have given their consent to enter into a contract without relying on any representation or promise made by the other party, except as expressly stated in these Terms.
XIV. Data Protection
Any information or personal data that the User provides to MUKHEE during a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where 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 such information and data and declares that all information or data provided is truthful.
XV Applicable Legislation and Jurisdiction
Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the purchase and sale contracts between MUKHEE and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
XVI. Complaints
The User may send MUKHEE any complaints, claims, or other comments they wish to make using the contact information provided at the beginning of these Terms.
In addition, MUKHEE has official complaint forms available to consumers and users, which they can request from MUKHEE at any time, using the contact information provided at the beginning of these Terms.
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 extrajudicial 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