Introduction

This contractual document shall govern the Conditions of Sale of Products (hereinafter "Conditions") through the website www.mundsocks.com, owned by Mundoimport S.L., hereinafter Provider, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website at the Client's disposal for reproduction and storage as confirmation of the contract and may be modified at any time by the Provider. It is the Client's responsibility to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the User:

-        Has read, understands and comprehends what is set out herein.

-        Is a person with sufficient capacity to contract.

-        Assumes all the obligations set forth herein.

These terms and conditions shall be valid for an indefinite period of time and shall apply to all purchases made through the Provider's website.

The Provider informs that the merchant is responsible for and aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

 

Identity of the contracting parties

On the one hand, the Provider of the products is Mundoimport S.L., with registered office at C/ Condado de Treviño, 13 - Nave A5, 09001 BURGOS, CIF: B09214487 and Customer/User service telephone number: 947298.638.

On the other hand, the Client, whether registered or not, on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the Provider.

 

Subject matter of the contract

The purpose of this Agreement is to regulate the contractual purchase and sale relationship between Provider and the Customer at the time of acceptance by the Customer during the contracting process.

The contractual purchase and sale relationship entails the delivery, in exchange for a specific price publicly displayed on the Website, of a specific product.

Contracting procedure

The Client, in order to access the products offered by the Provider, must be of legal age and may register through the website by creating a user account. Therefore, the Client must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.

The Client shall select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the Provider of the loss or theft thereof or possible access by an unauthorised third party, so that the latter may proceed to block them immediately.

Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1.      General terms and conditions.

2.      Dispatch and delivery of orders.

3.      Right of withdrawal.

4.      Complaints and online dispute resolution.

5.      Force majeure.

6.      Jurisdiction.

7.      Generalities of the offer.

8.      Price and period of validity of the offer.

9.      Method of payment.

10.   Purchasing process.

11.   Dissociation and suspension or termination of the contract.

12.   Guarantees and returns.

13.   Applicable law and jurisdiction

 

1. GENERAL TERMS AND CONDITIONS

Unless otherwise agreed in writing, the placing of an order with the Provider shall constitute acceptance by the Customer of these legal terms and conditions. No provision made by the Customer may differ from those of the Provider unless expressly accepted in advance and in writing by the Provider.

 

2. SHIPMENT AND DELIVERY OF ORDERS

Provider shall not ship any order until it has verified that payment has been made.

Shipments of goods will usually be made by Express Courier (Postal Express, Seur, Ups, Std, etc.), according to the destination freely designated by the Customer.

When placing an order, the Customer can choose his/her delivery option once all items have been added to the basket.

Mundoimport S.L. will send the order to the address provided by the Customer when placing the order. To ensure the safe delivery of the package, the courier company needs a signature to confirm that the delivery has been successfully completed. If there is no one to receive the package, the driver will attempt a redelivery, deposit the package with a neighbour or return the package to the local post office or courier for safe keeping. In the event that the package cannot be delivered due to any reason, such as incorrect address, absent addressee, refusal of the package, etc., the package will be returned to our warehouse. The Customer should note that we can only refund the price of the product paid, once the package has arrived back at our warehouse. The Customer will be refunded the price of the product paid by the same method of payment used when placing the order. In this case, the shipping costs will not be refunded.

The Customer should note that orders will be shipped within the limits of available stock. If one of the items ordered is not in stock, we undertake to contact the Customer by telephone as soon as possible (from the date on which the order was placed) to inform him/her of the period within which we will be able to send him/her the product(s). If you are not interested in waiting, you may request a refund of the amounts you have paid for the item(s) in question.

If any of the products in your order, once invoiced, are not available, we undertake to send the Customer the available products and, if possible, we will propose an article of equivalent quality and price to replace the unavailable product. If you do not accept the proposed replacement product, we will reimburse you for the unavailable product.

 

3. RIGHT OF WITHDRAWAL

Cancellation form: https://mundsocks.com/formulario-solicitud-desistimiento.pdf

The Client has a period of fourteen calendar days from the date of receipt of the product (article 71 of Law 3/2014 of 27 March).

The right of withdrawal shall not apply for reasons of hygiene in the following cases:

·        The products are not in perfect condition,

·        The product has been opened and it cannot be proven that it has not been used,

·        The product is not in its original packaging (except in the case of defective products).

·        The products are personalised or made to the Customer's specifications.

All returns must be communicated to the Provider, requesting a return number using the form provided for this purpose, or by e-mail to burgos@mundsocks.com, indicating the corresponding invoice or order number.

Since the products sold on the website are classified as "underwear", the Customer may only return the purchased product if it is defective or incorrect.

If the purchaser rejects the product, returns shall be at the purchaser's expense, provided that the product complies with the aforementioned sections on hygiene.

The Provider will refund the amount of the order once it receives the returned product in its warehouses and in perfect condition.

 

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any claim that the Client considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: MUNDOIMPORT, S.L.,

C/ Condado de Treviño, 13 - Nave A5, 09001 BURGOS

Telephone: 947298638

E-mail: burgos@mundsocks.com,

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

 

6. COMPETENCE

The Customer may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

Should any provision of these terms and conditions be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The Client declares that he/she has read, knows and accepts these Conditions in their entirety.

 

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the Provider shall be subject to these Conditions.

No modification, alteration or agreement contrary to Mundoimport S.L.'s Commercial Proposal, or to the provisions hereof, shall be effective, unless expressly agreed in writing signed by Provider, in which case these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, Provider reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These changes shall also apply if, for any reason, the possibility of delivery of the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The Client assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Once the order has been placed, prices will be maintained whether or not products are available.

The Customer is always entitled to receive the invoice in paper or electronic format free of charge, although if he/she does not state otherwise in his/her order, we will understand that he/she does not want the invoice.

 

9. PAYMENT METHODS

The Provider is responsible for the financial transactions and offers several ways to pay for an order

Mundoimport S.L. has partnered with Redsys Servicios de Procesamiento S. L. and Paypal to guarantee maximum security in payments. If our security department suspects any anomaly or fraud, Mundoimport S.L. reserves the right to cancel the transaction for security reasons.

Our main payment methods are PayPal, Credit/Debit Cards and Bizum. Once all items have been added to the basket and you have already selected the courier service, all available payment methods will be displayed.

For online payments made by credit/debit card, the "Secure Socket Layer" (SSL) security system is used to encrypt banking information on the network.

 

10. PROCESS OF PURCHASE

Any product in our catalogue can be added to the basket. In the basket, you will only see the articles, the quantity, the price and the total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the steps below for its correct formalisation:

1. - Verification of the invoicing data and delivery address.

3. - Selection of the payment method.

4. - Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an e-mail will be sent to the Client confirming the status of the order and the approximate shipping and/or delivery date.

 

11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

Provider may, without notice, suspend or terminate Customer's access to its services and training, in whole or in part, for any valid reason, including, without limitation, where Customer fails to comply with or follow any of the obligations set forth herein or any applicable law, license, regulation, directive, code of practice or usage policy.

Where Lender exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Lender.

 

12. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.

 

13. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with Spanish law to the extent not expressly provided herein. Provider and Client agree to submit to the courts and tribunals of Client's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the Client is domiciled outside Spain, the Provider and the Client expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Terms.