This document establishes the General Terms and Conditions of the website www.mumit.com, the purpose of which is the purchase and sale of products from Mumit Jewellery, SL (hereinafter, the Owner), with NIF B-16836553 and registered office at Calle Ramón Cabanillas, No. 11, Floor 8 - 32003 Ourense, registered in the Commercial Registry of Ourense, Volume 932, Book 0, Folio 161, Page OR-17473, by natural and/or legal persons (hereinafter, the Contractor) who express their willingness to purchase the products made available to them on the website www.mumit.com, by means of a request made by electronic means - specifically, via the Internet - through that website owned by the Owner.
1. PRE-CONTRACT INFORMATION, AVAILABILITY OF CONTRACT CONDITIONS, CONTRACTOR'S ACCEPTANCE, DOCUMENTATION AND POST-CONTRACT INFORMATION
These General Conditions of Sale are permanently displayed on the website www.mumit.com, owned by the Owner, and any user may archive and print them and, therefore, be previously informed of the conditions of the price, characteristics, rights and, in general, of all the conditions under which the sale will be carried out.
Likewise, these General Conditions are reiterated together with a summary of the specific request – specific product contracted, cost with indication of taxes if applicable, shipping costs, etc. – for their express acceptance by the Contractor – by clicking on “I read and accept the conditions” – each time a specific request for products is made through the website. The Contractor will have a secure area that he will access with a username and password, which is where the purchase is completed and where he can track his orders.
It is not technically possible for the Contractor to complete the application without having accepted these General Conditions. In order for the Contractor to make this acceptance and, therefore, to make the application, he must fill out a form with his basic data where he makes the specific order, through which he accepts these Conditions.
The Contractor, by accepting these conditions, gives his express and unreserved consent for the Owner to carry out the collection operations necessary for the acquisition of the products he contracts, expressly authorizing Mumit Jewellery, SL to make the collections in the payment methods that he has selected and/or entered from the secure area, enabled for this purpose, in accordance with Law 16/2009, of November 13, on payment services.
These General Conditions, together with the specific request made via the Internet by the Contractor –specific conditions- imply the formalization of the sales contract between the Owner and the Contractor who declares to be of legal age, to have sufficient capacity to contract and to have read, understood and accepted these conditions.
The Owner, at the time of contracting and within a period not exceeding twenty-four hours, sends to the email address that the Contractor has specified in the registration form as the main means of contact: confirmation of the contracted product, cost, with a breakdown of taxes if applicable, as well as shipping costs if necessary. Any subsequent modification of these General Conditions will be, on the one hand, notified to the Contractor by email one month in advance and, on the other, clearly displayed in an easily accessible place on the website www.mumit.com. All the documentation indicated above may be printed and archived by the Contractor and may be requested at any time from Customer Service by email sent to hola@mumit.com, by telephone at (+34) 604 00 21 21 or via WhatsApp at (+34) 604 05 05 05.
Any request for information or complaint deemed relevant may be submitted to the Customer Service Department at the addresses identified in the previous paragraph.
2. PURPOSE OF THE CONTRACT
By this contract, the Owner undertakes to deliver to the Contractor the products that the latter has requested through the website www.mumit.com in exchange for a certain price and in accordance with the conditions established below.
3. RIGHTS AND OBLIGATIONS OF THE OWNER
3.1. Delivery of the product. The Owner undertakes to deliver the product in perfect condition, within a period of between 2 and 15 working days, to the address indicated by the Contractor in the order form, which contains the specific conditions attached to these general conditions. The Owner shall not be liable for errors caused in delivery when the data entered by the Contractor in the order form do not correspond to reality or have been omitted.
3.2. Owner's Liability. The Owner shall in no event be liable in relation to:
3.2.1. Errors, delays in access by the Contractor when entering their data into the order form, slowness or impossibility of confirming the order or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of chance or force majeure and any other unforeseeable contingency beyond the good faith of the Owner. In any case, the Owner undertakes to solve any problems that may arise and to offer all necessary support to the Contractor to reach a quick and satisfactory solution to the incident.
3.2.2. Errors or damages caused by inefficient and bad faith use of the service by the Contractor.
3.2.3. The non-operational nature of the email address provided by the Contractor for sending the order confirmation.
3.2.4. The Owner is fully responsible for the quality of the products and may return them if they are defective or do not reach the Contractor in the correct condition. The Contractor must make the claim for the return through the website itself in its specific section in order to be able to effectively monitor the incident. In this case, the Owner will be responsible for the costs incurred as a result of such a return, provided that the Contractor communicates this fact within seven days from the date of delivery and the product has not been consumed or altered in any way. The Owner is exempt from all liability in relation to possible breakages or defects in the product that occur after delivery of the same. Likewise, the Owner will not have any liability in relation to those products that have already been consumed or used without any type of incident on the part of the Contractor who intends to make a claim. The Contractor, before signing the delivery of the order, must check that the product is delivered in perfect condition. If he/she gives his/her consent at the time of delivery, both parties understand that the product was delivered correctly and that therefore, any possible deterioration occurs after its delivery.
3.2.5. The Contractor expressly waives any claim for contractual or non-contractual liability for any damages or losses arising from the provisions set out above in this clause. In any case, the Owner's liability if he fails to comply with the provisions of this agreement in accordance with the terms of these general conditions shall be limited to the return of the amount that, where applicable, the Contractor may have paid and always upon the Contractor returning the product in question.
4. RETURNS
4.1. RIGHT OF WITHDRAWAL: The customer will have a maximum of 14 calendar days from receipt of the order to process its return, in accordance with applicable legislation. Once these 14 days have passed, Mumit Jewellery, SL will not accept said return.
To process a return, the user must contact Mumit Jewellery, SL by sending an email to online@mumit.com, from where the necessary procedures will be carried out, under the following conditions:
- The product must be returned in its original packaging and condition, including proof of purchase and the delivery note for the product, as well as the reason for the return.
- The return must be sent to: C/ Valle Inclán, Nº 6, 1st Floor, Ourense. CP 32004
4.2. RIGHT TO RETURN DEFECTIVE PRODUCTS: If the product is not in optimal condition and/or has a defect, it may be returned within a maximum period of 15 calendar days from receipt of the order, and it will be replaced. The user will have the right to claim and be given an identical product in perfect condition. In the event that the product is not available, the company will refund the amount paid by the customer, including shipping costs, according to the payment method used in the purchase.
In the specific case of defective products, or products that do not match the order placed by the customer, the customer will not be responsible for the costs of returning said products.
4.3. REFUND: Provided that the user has complied with the conditions mentioned above, Mumit Jewellery, SL will refund the price paid by the user for the returned products. In the event of a return due to withdrawal, Mumit Jewellery, SL will not cover the shipping costs associated with the return of the product.
In the event of failure to comply with the requirements included in these General Conditions, the user will not be entitled to any refund of any amount.
In the case of a partial return, the user will be reimbursed the corresponding amount for the returned products.
Mumit Jewellery, SL will refund the order using the same payment method used by the user for the purchase, within a period of 14 calendar days from the date of withdrawal, with the collection of the product being essential after the relevant verification of the condition of said product.
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. Payment. The Contractor undertakes to pay the amount for the product actually ordered in the following amount and form:
5.1.1. Amount . The remuneration for the product actually ordered by the Contractor will be that indicated on the website and that which appears in the Contractor's specific request at any given time, requests which will constitute the specific conditions of the specific order. The prices of the products that appear on the website always appear with taxes included.
In addition, the relevant shipping costs must be added to the price shown on the website for each of the products offered. Since these are rates that are not applied by the Owner at any time, it is necessary to bear in mind that they will always be those officially offered by the transport company and that the Owner will not generate any profit from these rates, always communicating the overall cost of both the product and the shipping costs, always broken down in advance to the Contractor before the confirmation of the purchase request by the Contractor. These rates will depend on the volume and weight of the products purchased.
5.1.2. Payment methods . The Contractor must pay the amount corresponding to the contracted product using the payment methods available on the website. These are the following: Paypal, bank transfer, credit or debit card and financing through Aplazame,
5.2. Withdrawal. The products offered on www.mumit.com allow the right of withdrawal within a maximum period of 14 calendar days from the date the customer exercises the right of withdrawal. In order to make a return, it is essential that the order has been received, as well as that the product is returned in the same condition in which it was delivered and the costs of return are assumed by the Contractor - see clause 3.2.4. - unless the product has been delivered in poor condition or damaged.
5.3. Liability of the Contractor. In any case, the Contractor shall be liable for:
5.3.1. The Contractor assumes all risks of deterioration, impairment, damage and loss of the products from the moment in which they have been made available to him by the third party who, on behalf of the Owner, carries out the delivery of the requested products.
5.3.2. The Contractor undertakes to verify the good condition of the product before the third party who, on behalf of the Owner, carries out the delivery of the requested product, a verification that will be carried out prior to signing the proof of delivery made.
6. TERMINATION OF THE CONTRACT
The Owner and the Contractor may terminate this contract for any of the reasons established by law and in particular for failure to comply with these General Conditions. Withdrawal is also possible as indicated in clause 4.2 of these general conditions.
7. COPYRIGHT AND TRADEMARK
The Owner informs that the contents, programming and design of the website www.mumit.com are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited unless the Owner expressly consents. The Owner uses external sources to prepare its articles on certain occasions and also establishes links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information included in this form may request the removal of the aforementioned references at any time. The trademarks and copyrights of the products that the Owner sells through the website belong to their legitimate owners.
8. JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The Courts of Ourense are competent to resolve any controversy or conflict arising from these general conditions, the Contractor expressly waiving any other jurisdiction that may apply.
9. OTHERS
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. The Owner may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly acknowledged by the Owner.