GENERAL TERMS AND CONDITIONS OF SALE
1.1. The distance selling of “MUXART” brand products through this website (hereinafter, the “Website”) is governed by the following General Terms and Conditions of Sale.
Muxart Atmosphere S.L. (hereinafter MUXART) directly sells the products offered on the Website. MUXART is a company incorporated under Spanish law, with registered office at calle Aragon 284, Barcelona 08007, Spain, with CIF B-65949414.
1.2. The use of the distance selling service regulated in these General Terms and Conditions of Sale is reserved exclusively for consumers (hereinafter individually designated as “Customer” and, collectively, as “Clients”), that is, natural persons acting for purposes not related to commercial, business, craft or professional activities that could be performed, over 18 years (or, if the person was younger, authorized by their legal representative).
The resale or transfer for commercial or professional purposes of the products purchased on the Website is expressly prohibited.
1.3. The products offered for sale on the Website may be sent and delivered to any International address, assuming the costs of the shipment.
1.4. The languages used to formalize the sale contract through the indicated Website are: Spanish and English.
1.5. These General Terms and Conditions of Sale are published on the Website for the purposes of customer information, storage and reproduction, in accordance with the applicable laws currently in force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and in force at the time of the corresponding purchase.
“MUXART” reserves the right to modify the General Terms and Conditions of Sale at any time.
The modifications will only be effective in relation to purchases made after the date on which the new version of the General Terms and Conditions of Sale is published.
Once these General Terms and Conditions of Sale have been replaced, the previous version will cease to be applicable, will not be effective and will lack enforceability with respect to purchases made after said previous version has been removed from the Website, also in the case that said General Terms and Conditions of Sale are accessible and / or available in some way to the general public through other websites that are not those indicated above.
2. Availability of the products
2.1. The Client acknowledges that the number of products offered by “MUXART” on the Website (hereinafter, the “Products”) is limited and, therefore, is aware that “MUXART” must check its availability at the time of the purchase.
2.2. Sometimes, the availability of certain products can cause problems. In such circumstances, “MUXART” will notify the Customer immediately (and, in any case, within the periods specified below) by email that the order placed has been canceled.
In case the order is only partially available, the Client will be informed accordingly. In any case, the Client consents and agrees to receive only the Products that are available, unless he has selected on the Website the option to receive the order together. In this case, the Client will be asked if he wishes to receive the Products that are available or wish to cancel the entire order.
2.3. “MUXART” reserves the right to modify the articles offered for sale on the Website at any time, without prior notice.
3. Purchase process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link that displays the photographic images of the item, the unit price, colors and sizes. For the Products expressly marked on the Website as “Reservation” or “Reserved Product” and that are not ready to be sent, the dedicated link will also show the estimated delivery time.
3.2. The Customer may purchase one or more Products. “MUXART” reserves the right to modify at any time the limitations of the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer will be transferred to a special section (hereinafter referred to as “Cart”).
A description of the Products, including measurements or sizes, will be included in the Customer’s Cart, along with one or more photographic images in digital format that clearly show the Products.
3.4. Although “MUXART” constantly takes measures to ensure that the photographs that appear on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and the resolution of the color of the device used by the Customer.
Therefore, “MUXART” will not be responsible for the possible deficiency of the graphic representations of the Products that are displayed on the Website for technical reasons.
3.5. To see the selected Products and the total price of the purchase order, enter the Shopping Cart page.
Before confirming the relevant order (hereinafter, the “Order”), the Customer must check the accuracy of the contents of the Shopping Cart and complete the Order form following the instructions provided on the Website.
3.6. The purchase process is completed as soon as the Customer clicks the confirmation button of the corresponding Final Order (hereinafter referred to as the “Purchase Completion Button”), thus validating his Order, which will be sent directly to “MUXART”.
After clicking the Finish Buy button, the Customer can no longer modify the content of the Order.
3.7. Before confirming the order, the Customer must confirm that he has read and accepted these General Terms and Conditions of Sale. At the end of the purchase process, it is recommended that the Customer save or print the General Terms and Conditions of Sale.
3.8. The purchase process must be completed completely, otherwise the Order can not be sent to “MUXART”.
3.9. Each Order and the Client’s data required for the purchase will be stored by “MUXART” during the period of time foreseen in the applicable laws currently in force and in accordance with them.
3.10. Customers who have registered to log in to the reserved area of the Website can verify the status of their Order by logging into that area and accessing the “My Orders” page.
3.11. The Client is aware that he is responsible for the accuracy and veracity of any data entered on the Website or that is used otherwise at the time of purchase.
3.12. The customer is aware that the Website may also:
– Reserve a selection of Products before their launch or commercial distribution and placement in the market.
The customer understands that said Products are not yet available for delivery at the time of the formalization of the corresponding order. The Products that Clients can reserve are clearly identified and marked on the Website with the words “Reservation” and / or “Reserved”.
3.13. The Client understands and accepts that, if you reserve a Product, the corresponding price shown on the Website and that appears in the Shopping Cart section will be charged to the Client at the time of receipt of the confirmation email, such as defined in section 4.2 below, even if the Reserved Product is not ready to be shipped at that time.
The Reserved Product will be delivered to the customer within the estimated period specified in the description of the Product page.
In the event that the Order sent by the Customer also contains one or more Reserved Products in addition to the Products already available, all reference prices related to said Order will be charged in advance to the Customer at the time of receipt of the confirmation email , even if said Reserved Products are delivered within the estimated reference periods specified in the description of the Product page.
3.14. Additional specifications related to the payment, delivery and confirmation of the Reserved Products are mentioned below in the respective sections.
3.15. The Client understands and accepts that, in addition to what is specifically established in this document for the Reserved Products, the other sections of these General Terms and Conditions of Sale shall also apply to the Reserved Products.
4. Formalization of the contract
4.1. Once the Order has been confirmed, it is sent to “MUXART” for processing and can not be modified or canceled.
“MUXART” will process the Order made by the Customer only if the complete purchase process has been duly completed, without the Website having reported any error.
Once the Order is placed, the Customer will receive an email without undue delay acknowledging receipt of the Order by “MUXART”, which does not mean, however, that the Order has been accepted. The acceptance of the Order by “MUXART” and the conclusion of the contract will be carried out as described below in section 4.2.
4.2. The contract between “MUXART” and the Client will be considered formalized as soon as the Customer receives one or more confirmation emails from “MUXART” (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email will be sent to the address indicated by the Client in the order form and will establish the pertinent confirmation and a summary of the terms and conditions of the sale, such as the description of the Product and its main characteristics, the total price of the order, including any shipping costs, the address for claims, information on after-sales services.
4.3. “MUXART” reserves the right not to accept the Order made by a Customer in the following cases:
a) if the Products included in the Order are not available, except in the case of Reserved Products;
b) if there is a dispute between “MUXART and the Customer in relation to a previous Order;
c) if the Customer has breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled its obligations derived from them;
d) if it is detected that the Client is buying the Products for resale or to sell them for commercial or professional purposes;
e) if the Client has participated in or is suspected of illegal or fraudulent activities.
In these cases, “MUXART” will inform the Customer by email, within 30 days from the date of receipt of the Order, of the cancellation of the Order received. In such case, the Order will not be considered as accepted by “MUXART”.
4.4. In the event that the order is only partially available, if the Client has selected the option to receive the order in the Website, he / she will be asked if he / she wishes to receive the Products that are available or wish to cancel the entire Order. If the cancellation is only partial, only the price of the Products actually purchased will be charged to the Customer. The Client consents and agrees to receive only the Products that are available, unless he has selected on the Website the option to receive the order together.
5. Price and payment method
5.1. The prices of all the Products offered for sale on the Website include the applicable VAT or equivalent tax, but do not include shipping costs.
5.2. Prices will be expressed in euros (EUR).
5.3. The total price shown on the Purchase Bag includes shipping costs, which may be applicable, and which will be indicated separately.
In any case, “MUXART” will request the express consent of the Client to collect any additional cost.
5.4. The prices that appear on the Website and that are displayed in the Shopping Cart section when the Customer confirms the Order by pressing the Purchase Button will be charged to the Customer, provided that the Products ordered are available at that time, except when the Order contains Reserved Products, in which case the total price will be charged in advance according to the following clause 5.6, even if they are not ready to be delivered at that moment.
“MUXART” reserves the right to modify the prices of the Products offered for sale on the Website at any time and without prior notice, but will not modify the price of the Products that the Client has already requested through the “Buy Button”.
5.5 “MUXART” only accepts credit cards and the other methods of payment expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and guarantees that it is the holder of the credit card used for the purchase and the accuracy of all the relevant data consigned at the time of purchase, such as the card number of credit, the due date and, if applicable, the security code.
The amounts of the transactions will be charged to the Customer only after:
(i) verification of credit card data, (ii) receipt of debit authorization by the company issuing the credit card used by the Customer, and (iii) confirmation of “MUXART” of that the product is available and, in any case, after the Order is ready to be processed.
Orders containing Products Reserved to the Customer will be charged the total price for all the Products – that is, all the Products that are available at that moment and the Reserved Products that are not yet available to be delivered at that moment – at the moment of the confirmation email
No amount will be charged at the time of placing the Order.
5.7. For the purposes of payment through other payment service providers, the Client confirms and guarantees that he is the owner of the account used for the purchase.
Customers will only be charged the corresponding transaction amounts after receipt of the “MUXART” Confirmation Email.
5.8. The Products purchased will only be sent once the amount owed by the Customer has been duly paid.
In the event that the Customer can not be charged the amounts owed for any reason, the sale process will be automatically terminated and the sale will be canceled, which will be subsequently notified to the Customer accordingly.
5.9. In the event that one or more Products are not available and the Customer has decided not to cancel the order, only the price of the Products available and the associated shipping costs will be charged.
5.10. By accepting these General Terms and Conditions of Sale, the Client expressly accepts and authorizes “MUXART” to issue the invoice electronically, which will be sent in PDF format to his email address. However, the Customer shall have the right to revoke said consent at any time and to indicate his wish to receive a paper invoice, in which case “MUXART” will issue and send the invoice in paper format.
6.1. Customers will receive the Products one by one as soon as they are ready to be sent, except if the Client has selected on the Website the option of receiving all the Order in a single delivery. The Products will be delivered to the address indicated by the Customer in the Order. At the time of delivery of the Products, the Client’s signature will be requested.
6.2. For security reasons, “MUXART” will not process any order addressed to a post office box or accept orders that do not allow identifying the individual who is considered to be the recipient of the order and the corresponding address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the territories indicated above (section 1.3).
6.4. The shipping costs will be indicated expressly and separately from any other cost or expense when the completion of the Order is completed and before pressing the Purchase Button.
6.5. In accordance with the applicable laws currently in force, the term within which “MUXART” must deliver the Products purchased is 30 (thirty) days from the date of formalization of the contract, with the exception of cases of force majeure.
Whenever the Order contains Reserved Products, the delivery date will be greater than 30 days and “MUXART” will make delivery within the estimated reference periods or during the estimated delivery period agreed with the Client.
6.6. In the event that “MUXART” does not deliver the Products ordered within the aforementioned period, the Client will request that “MUXART” deliver said Products within an additional period appropriate to the circumstances, in accordance with the applicable laws currently in force.
In any case, the Customer will have the right to terminate the contract immediately if the requested Product is not delivered within the specified additional period.
6.7. “MUXART” may divide the Order into multiple shipments, depending on the availability of delivery of the Products, so that the Customer will receive them separately depending on their availability to be sent, except if the Customer has selected on the Site Web the option to receive all the Order together. “MUXART” may charge the Customer the Products when they are sent, and as they are sent, or as a single payment.
6.8. As soon as the purchased Product is sent, the Customer will receive an email at the address indicated in the Order. This email will contain a tracking code for the shipment and an exclusive link that will allow the Customer to track the delivery in real time (Tracking).
The Customer Service of “MUXART” will provide the necessary assistance in relation to any possible problem related to the delivery. Customers can contact the “MUXART” Customer Service by email at: firstname.lastname@example.org
6.9. The Client will assume the risk of loss or damage to the Products from the moment in which the Customer, or a third party designated by the Customer and different from the carrier, takes physical possession of said Products.
On the other hand, in the event that the loss or damage of the Product occurs before physical delivery to the Customer or to a third party designated by the Customer, “MUXART” will reimburse the Customer for the amounts already paid.
7. Conformity of the product and legal guarantee
7.1. At the time of delivery, the Customer must check the Products to confirm that they coincide with the items ordered and that they do not have manufacturing defects or lack of conformity. The sale of the «MUXART» Products is subject to the guarantees provided in the applicable laws, as well as in the additional contractual guarantees that may be provided to the Client.
7.2. In case of manufacturing defects or lack of conformity, the Customer shall have the right to demand that the conformity of the products be restored by means of repair or replacement of the Product, without any cost, unless the required remedy is objectively impossible or excessively burdensome in comparison with the other remedy. If any of the cases stipulated in the law apply, the Client may request a consistent reduction of the price or the termination of the contract, as well as the subsequent refund of the purchase price paid. It is understood that the Customer will lose this right if he does not notify “MUXART” the non-conformity of the Product within 30 days after the date on which the defect was detected.
7.3. In order to notify the existence of defects and lack of conformity in the product and to demand any of the resources mentioned above, Clients can contact “MUXART” at the addresses indicated in the “Contacts” section.
8. Returns and refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract within a period of 14 (fourteen) days from the delivery or collection of the Products. In the case of Divided Orders, the corresponding term shall take effect on the date of delivery of each Product.
8.2. To exercise the right of withdrawal, Clients may use the specific form available in the “Returns” section of the Website or directly in the “My Account” section if the Client in question is registered on the Website. To do this, Clients must: (i) complete the online form with the required information, (ii) place the sticker with the return address included in the package in the package, (iii) send a request for collection to the service. messaging designated by “MUXART” by sending an email to email@example.com, specifying the address, telephone number and date selected for the collection of the package, date that must be confirmed with the courier service.
8.3. In the event that the Client complies with the procedure established in the previous paragraph, the courier service designated by “MUXART” will collect the package containing the Products to be returned without charges for the Client.
If, on the other hand, the Customer does not comply with said procedure, the costs of return and any responsibility for loss, theft, damage or delay in delivery will be borne by the Customer.
8.4. The Client may also obtain the address to which the Products must be returned by contacting “MUXART” at the following email address: firstname.lastname@example.org.
8.5. The Customer agrees to return the Products in relation to which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days following the date on which it was delivered and notified to ” MUXART “the exercise of the right of withdrawal.
8.6. The products must be returned in the same conditions in which they were delivered. Therefore, the Customer must ensure that the Products are intact and complete, that they have never been used, that they are not worn or damaged in any way, and that they are returned in their original packaging, with all the labels they had when they were received. .
In the event that a Product has been delivered with a security label, the return of this Product will not be accepted if the original security label has been removed, broken or damaged.
“MUXART” will check the packaging and the conditions of each returned Product, the substantial integrity of said Products being an essential requisite for the exercise of the right of withdrawal.
“MUXART” reserves the right to refuse the return of Products that are damaged, deteriorated, stained or that appear to be in a condition that clearly demonstrates that they have been used for purposes other than the Customer’s checks strictly necessary to verify the nature and The characteristics of the Product purchased.
In case of rejection of the refund, “MUXART” will send a specific notification to the Customer and, consequently, will not proceed to the refund of the amount paid by the Client, reserving also the right to claim compensation for any damage attributable to the behavior of the customer. Client.
8.7. “MUXART” will reimburse the amounts owed for the Products returned without undue delay and in any case within a period of 14 (fourteen) days from the date on which “MUXART” takes the receipt of the return for verification.
Said reimbursement shall be made by payment of the amount paid by the Customer with the same payment method used for the purchase, unless the Customer expressly agrees otherwise and provided that no cost is incurred as a result of the reimbursement.
“MUXART” will inform the Customer by email of the refund of the amount.
8.8. “MUXART” shall not be required to reimburse the delivery costs of the Products in the event that the Client has specifically selected a delivery method other than the standard delivery offered by “MUXART”
8.9. The return of Products under this section is only allowed in relation to purchases made on the Website.
9. Limitation of liability
9.1. Except in the event of wilful misconduct or gross negligence, MUXART shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
10. Product authenticity and intellectual property rights
10.1. “MUXART” guarantees the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The «MUXART» trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos found in the corresponding products, accessories and / or packaging of «MUXART», regardless of whether they are registered or not, they are and will remain the exclusive property of Muxart Atmosphere SL It is strictly forbidden the reproduction, total or partial, the modification, alteration or use of such marks, illustrations, images and logos, for any reason and in any medium.
11.1. These General Terms and Conditions of Sale are governed by Spanish law and shall be interpreted accordingly, without prejudice to any other mandatory legal provision more favorable to the Client applicable in the country of the Client’s habitual residence.
11.2. In case of conflict arising from the interpretation and / or application of these General Terms and Conditions of Sale, the courts of the place where the Client is domiciled or residing, if it is located in Spain, will have exclusive and mandatory jurisdiction. In the event that the Client’s domicile or residence is not located in Spain, the Client may, at his / her option, remit the matter to the court of the place where he / she is domiciled or where he / she resides or to the courts of the city of Barcelona (Spain).
Alternatively, the Client may opt for one of the procedures for out-of-court settlement of disputes provided for in the currently applicable laws, such as the platform provided by the European Commission, available on the website.http: //ec.europa.eu / odr.
12. Contact information
12.1. For any claim, additional information or assistance related to the Website or the purchase process and, in any case, for any request for information and / or clarifications in relation to these General Terms and Conditions of Sale, Customers may send an email to the following address: email@example.com.