Conditions of contract.
Likewise, this Contracting Policy aims to provide information on the rights of the user of the Web by virtue of the Royal Legislative Decree, of November 16, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws, as well as by virtue of Regulation (EU) 2016/679, of April 27, 2016 and Organic Law 3/2018, of December 5, of Protection of Personal Data and Guarantee of Digital Rights.
The website is operated by:
MAHUPA 1941, SL
With address at Calle Cáceres, Nº 2-A, 28223
Pozuelo de Alarcón (Madrid)
Registered in the Mercantile Registry in Volume 39554, book 0, section 8, page M702162.
Your data and your visits to this website
The client declares that he is over 18 years of age and has the necessary and sufficient legal and work capacity to enter into contracts of economic content.
Use of our website
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
How to order
The Products offered on the website, along with their characteristics and price, will appear on the screen. In those cases in which the price of the Products is determined by weight, either the price per kilogram or the price of the packaged Product will be indicated, although in the latter case the final price that will be included in the proof of purchase will depend on the actual weight of it.
Likewise, the total shipping costs to the User's address for each order will appear on the screen, which will always be paid by the User. The prices indicated on the screen are in euros and include VAT and any other tax that may be applicable and will be current at all times. The offers will be properly displayed on the screen.
For the acquisition of the Products in digital media, Users who are over eighteen (18) years old will be asked to follow the following indications, as well as any others that are included in the different screens of the purchase process:
- Complete completion of the electronic form that appears at any time following the instructions indicated therein.
- Press the icon / ACCEPT button.
- Reception in the User's email account of the registration compliance.
The Username and password that the User uses on the website are identifying and enabling elements to access and make purchases, and are personal and non-transferable.
The User name cannot be modified by the User, but the password can, in which case the old keys will lose their validity, the new ones resulting from the aforementioned modification being valid.
Once the User is registered, and to proceed with the purchase of Products, he must add the Product that he wishes to purchase in the shopping cart, according to the instructions on the screen. Once all the Products have been chosen, you will accept the purchase, which implies the irrevocable reading and acceptance of each and every one of these General Contracting Conditions, as well as, where appropriate, the existing particular conditions. The purchase prices will be those in force at the time the order is placed. The amount of the purchase may not coincide with the amount of the order, due to the existence of Products of variable weights in the delivery.
To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation").
Technical means to correct errors
In the event that you detect that an error has occurred when entering your personal data as a user of this website, you can modify them by contacting customer service through the telephone number 919 15 56 15, via social networks, as well as exercising the right of rectification contemplated in our Privacy and Cookies Policy through firstname.lastname@example.org
Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, by phone or at the aforementioned email address, to correct the error. .
At any time, users can request cancellation as a registered user, a written communication to email@example.com, indicating your username and the specific service you wish to unsubscribe from.
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
Unless we have agreed otherwise, we will send you the order consisting of the products / s listed in each Shipment Confirmation without any undue delay and at the latest within 30 calendar days from the date of the Order Confirmation.
Please note that there are unforeseen or extraordinary circumstances that may affect the delivery date.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
Transfer of risk and ownership
The risks of the products will be at your expense from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection with the products, including shipping costs.
Price and payment
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the information of your order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
Buy as a guest
This website also allows purchase through the purchase functionality as a guest. In this mode of purchase, you will only be asked for the essential data to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
Value Added Tax
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
Return & Refund policy
If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
To exercise the right of withdrawal, you must notify us by phone 919 15 56 15, via social networks, or through the email address firstname.lastname@example.org, your decision to withdraw from the contract through an unequivocal statement, in order to be able to send you the withdrawal form that you must complete with your personal data and send us again, to the referenced email address.
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive form of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have presented proof of their return, depending on which condition is met first. The term will be considered fulfilled if you return the goods before said term has expired. You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made for products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the product / s while they are in your possession. Please return the item including all its original packaging, boxes or cases, instructions and other accompanying documents. The right of withdrawal will not apply when the aforementioned sealed goods are not suitable to be returned for reasons of health or hygiene protection and have been unsealed after delivery.
In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels providing the product data, as well as of the damage you suffer, where we will indicate how to proceed. We will proceed to carefully examine the returned product and we will inform you by e-mail or by any other means of contact, within a reasonable period of time, if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate. The amounts paid for those products that are returned due to any defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same payment method that was used to pay for the purchase, unless you indicate another payment method of which it is recorded, with the exception of the additional costs resulting from your choice of a method of payment. delivery other than the less expensive mode of ordinary delivery that we offer. In any case, the rights recognized by current legislation remain safe.
MAHUPA is not 100% responsible for the use and maintenance, as well as for the conservation of the products.
The legal guarantee of the Products offered on this Website will be 3 years from the date the delivery to the user or any other person interposed by the same to receive the Product, becomes effective. This warranty will cover any replacement or repair of the Product, provided it is due to manufacturing defects and, in no case, will it cover deficiencies caused by misuse, conservation or defective maintenance.
MAHUPA reserves the right to check defective Products in order to examine whether their defects are due to an irregularity in their manufacture or, on the contrary, are due to misuse, conservation or irregular maintenance by the user, being that, for the case of irregularities in the manufacture of the same, they will be replaced or repaired in the shortest possible time.
MAHUPA will not be responsible under any circumstances for shipments confiscated by Customs or similar entities, being the duty of customers to know the laws in force in their countries of residence. Contact the organizations in your country for further information.
WE DO NOT INDUCE ANYONE TO ACT AGAINST THE CURRENT LAW OF ANY COUNTRY.
The Client undertakes not to use the services and contents of the Web to carry out illegal or criminal activities, and / or that violate the regulation on intellectual and industrial property, or any other regulation of the applicable legal system.
We are not responsible for the misuse carried out with the Products that we commercialize, encouraging the Client to act responsibly.
Industrial and intellectual property
You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights over the materials or contents that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may use such material only in the way that we or those who have granted us a license to use it expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
Viruses, hacking and other computer attacks
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to gain unauthorized access to this website, to the server on which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
Links from our website
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email, WhatsApp or any other means or we will provide you with information by posting notices on this web page. For contractual purposes, you agree to use these electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
Transfer of rights and obligations
The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We inform you that we do not sell, transfer or rent in any way, information or personal data of our Clients / Users to third parties, except legal obligation or because they are in charge of treatment (which have committed to compliance with the regulatory provisions, applicable in data protection matter).
On the other hand, those in charge of the treatment of the Company, who are dedicated to the information, technology and call center sectors, may have access to your personal data, as well as:
- Financial entities;
- Fraud detection and prevention entities;
- Technology and analytics service providers;
- Suppliers and collaborators of logistics, transport and delivery services.
Events beyond our control
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions. in the Notifications section above.
If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us verbally or written.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned. in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
Our right to modify these conditions
We reserve the right to modify the Terms and Conditions of the Contracting Policy. The modifications introduced will not be retroactive. If MAHUPA introduces any modification, the new text will be published on this same website, where the Client may be aware of MAHUPA's current Hiring Policy. At any time, the relationship with Clients will be governed by the rules provided at the precise moment the website is accessed.
Governing Law and Jurisdiction
The use of our website and product purchase contracts through said website will be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
Comments, suggestions, complaints and claims
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling 919 15 56 15 or through our contact channels.
Likewise, you can send your complaints and claims through our contact channels or by email email@example.com, which will be addressed by our customer service in the shortest possible time and, in any case, within the term legally established.
If you as a consumer consider that your rights have been violated, you can direct your complaints to us through the email address firstname.lastname@example.org in order to request an out-of-court solution of disputes. In this sense, if the acquisition between you and us has been held online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us in consumer affairs accessible through the Internet address http://ec.europa.eu/consumers/odr/.
Please bear in mind that the email email@example.com is enabled in order to allow easy and direct access to the identification data of MAHUPA as a company that markets the goods, as well as for the purpose that you can file complaints or claims that it deems appropriate. To send comments, suggestions, queries or any other question other than the above, you can access our usual contact channels, that is: the telephone number 919 15 56 15, social networks (Facebook and Twitter), or the email firstname.lastname@example.org. For more information, please consult the "Contact" section of the website.