General Conditions of Sale
1 - SCOPE OF APPLICATION
These general conditions of sale (hereinafter, the " GTC ") apply to any query or order made through the website www.mulet.eu and derived addresses (hereinafter the " Site ") "MULET", with registered office at Calle Valle de Aspe, 28660, Boadilla del Monte (Madrid), with intra-community VAT number ES047523822A (hereinafter, "Mulet"). Its email address is hola@mulet.eu
These Terms and Conditions apply to the purchase of goods to be delivered in Spain and Europe (hereinafter, the " Products "). The buyer's order confirmation implies unreserved acceptance of these Terms and Conditions, which prevail over all previous versions or specifications issued by the buyer, including any exchange of emails.
These Terms and Conditions may be modified, so it is recommended that you read them before placing each order.
2 - ORDERS
2.1 PRODUCT OFFER
The Products are presented in accordance with legal recommendations and as accurately as possible.
There may be differences between the Products delivered and those represented on the Website or in the catalog, primarily regarding handcrafted Products, whose manufacturing uniformity cannot be guaranteed, or Products that have undergone adaptations related to technical developments. Such differences, since they do not affect the basic characteristics of the Products and do not affect their quality, cannot justify cancellation of the order or refusal of delivery. Since an exact representation of the Products on the Website and/or in the catalogs cannot be guaranteed, particularly due to differences in color finishes on Internet browsing software and/or screens, MULET cannot be held responsible for any inaccuracy in the photographs appearing on the Website.
Any Product orders are subject to availability. Therefore, if there are supply difficulties or a lack of stock, Mulet expressly reserves the right to provide information about any other replacement product of the same quality and value. If the offer of a replacement product is rejected, Mulet will refund any amounts paid.
2.2 ORDER ACCEPTANCE
For the buyer, the order is final from the moment it is confirmed. For Mulet, it is final from the moment payment is validated and the order is accepted.
3 - PRICE / PAYMENT
3.1 PRICE OF THE PRODUCTS
Product prices are shown in euros. Sales taxes, including VAT, are included and are ex works in Casarrubios del Monte (Toledo). Prices are guaranteed until revised and published on the website.
3.2 DELIVERY COSTSProducts may be delivered by pickup at the factory or by an authorized carrier, always at the customer's expense and as specified on the Website. The type of transport will be specified when placing the order.
3.3 PAYMENT
Payment will be made in full upon placing the order and only in euros, by bank card, transfer, redeemable voucher, or gift card.
If the bank transfer is not received within 5 days of the buyer's order confirmation, the order will be considered canceled.
Any data necessary for the billing and collection of the products sold will be required by Mulet and provided by the client, in the complete security and commitment on the part of Mulet that they will be treated and safeguarded in accordance with current regulations.
Since orders are only considered once payment has been authorized, no discounts or late fees will be applied in this case.
3.4 BILLING
The invoice sent to the buyer will include the information provided in their customer account. The buyer can modify this information each time they place a new order through the website.
Buyers acting as professionals must contact Mulet Professional Service before finalizing an order to issue a professional invoice. Professional customers must provide Mulet with all the information required to issue the invoice, as well as their intra-community VAT number.
4 - DELIVERY
The prices quoted on the website are for curbside pickup, including insurance and with prior agreement on the delivery schedule. Any other, more customized delivery options can be arranged upon request.
The buyer must verify the order in advance, in particular regarding the specifications of the Products in terms of size and volume and that they can be transported via the access roads to the delivery location.
The impossibility of delivering the Products on the agreed date by the carriers arranged by Mulet, due to the absence of the buyer or information on the need to resort to specific means of delivery, may give rise to the payment of additional delivery costs and/or the cancellation of the order by Mulet with the refund of money less the costs of transport to and from the factory.
Product risks are transferred to the buyer upon shipment from the factory. Shipping costs include insurance covering 100% of the merchandise's value. Should the Customer prefer another delivery method, they must negotiate the terms and costs with Mulet.
In cases where the respective availability dates of the Products in an order differ, Mulet will propose to the buyer to split their order. In the case of split delivery, the delivery costs will be those corresponding to each shipment. If split delivery is not made, delivery will occur on the availability date of all the Products ordered.
4.1 RECEPTION AND CLAIMS
Upon receiving the order, the buyer must carry out all necessary examinations to detect any damage, shortages, defects, or other apparent flaws, as well as any non-conformity of the Products delivered with their order. In particular, the buyer must check the condition of the packaging and the number of packages indicated on the shipping label before signing the delivery receipt with the carrier. Mulet may not make any claims against the carrier for these reasons if the customer has given their consent upon receipt.
In order for your claim not to be considered inadmissible, the buyer must:- Indicate on the carrier's delivery note any necessary reserves and those arising from damage or shortages, since general reserves such as "subject to unpacking" are insufficient.
- Confirm your reservations regarding breakdowns or shortages and make your other reservations by emailing Mulet's customer service team at hola@mulet.eu
- Confirm your reservations regarding breakdowns or shortages by certified mail with acknowledgment of receipt to the carrier, within 3 days of delivery, excluding holidays.
The buyer must send a copy of this claim to Mulet within the same timeframe.
Likewise, the buyer must be able to provide any supporting documentation required regarding the validity of the claims filed and offer Mulet, its carriers, or any person delegated by them, the necessary facilities to proceed with their verification; the buyer must refrain from intervening or having a third party intervene for this purpose.
Accepted claims will result in an exchange of the defective or non-compliant Product, or a refund in the event of unavailability of the Product in the warehouse or with suppliers. The returned Product must be delivered to Mulet's carriers in perfect condition, in its original packaging, and with all accessories. No spontaneous returns will be accepted without the customer's consent and Mulet.
5 - PRODUCT WARRANTY / LIABILITY
5.1 WARRANTY COVERAGE
The Products are guaranteed for a period of 2 years from delivery against any defects in the manufacturing process.
IMPORTANT .
The wood leaves the factory adequately dried, by natural methods, for its function (Humidity < 12%), mechanically assembled with hidden lambeta and visible ties and the cavities filled with resin in such a way as to prevent as much as possible the unlikely dimensional or structural modifications (warping, cracks or fissures) that any external factor could cause (humidity, heat source, excessive dryness) and that are inherent to its hygroscopic nature.
If this occurs, it will not be grounds for exchange or refund.
Mulet can offer a repair service for this abnormality, provided that the customer returns the product to the factory at their own expense and risk, properly packaged, with prior agreement between both parties on the repair cost. During the warranty period, Mulet undertakes, at its discretion, to exchange or refund products found to be defective. Exchanged products are covered by the warranty for the remaining period.
The warranty does not include:
- damage to the Product resulting from normal wear and tear, taking into account its nature, function, composition and price;
- slight differences observed in the Products as defined in Article 2.1;
- Products that have been used too intensively, in particular for purposes other than private;
- any defects in the Product that may result from faulty installation, storage, preservation or assembly (failure to follow the assembly instructions), a maintenance defect, incorrect use or use that does not comply with the technical or usage specifications (failure to follow the maintenance recommendations), modifications or repairs carried out by the purchaser or a third party, damage caused by external objects (e.g. a television that is too heavy on furniture not designed for such use), external events such as accidents, impacts, fires, acts of vandalism, damage caused by water, natural or artificial light (in the event of discoloration), natural disasters or adverse weather conditions.
To apply the warranty, the buyer must contact Mulet's customer service at hola@mulet.eu. The original invoice must be presented to qualify for the warranty.
5.3 LEGAL GUARANTEESThe Products are guaranteed against any defects in conformity and hidden defects under the conditions established by the provisions of the General Law for the Defense of Consumers and Users and the Civil Code.
5.4 MULET'S LIABILITYMulet's liability for the Products delivered, including under any applicable contractual or legal warranties, is limited to the price of the defective or non-compliant Products. Mulet shall not be obligated to compensate for indirect damages or any other financial losses suffered by the buyer or a third party.
6 - RIGHT OF WITHDRAWAL
6.1 RIGHT TO WITHDRAW FROM THE PURCHASE
If you contract as a consumer, you may withdraw from the purchase within 14 business days from the date of delivery of the order and by email at hola@mulet.eu. Once the withdrawal has been made, Mulet will refund the price paid for the products, less delivery and collection costs, within a maximum period of 14 business days from the date of withdrawal.
No refunds will be issued if the product has been used or damaged. Therefore, the product must be returned in the same condition as it was delivered, including all instructions, documents, and packaging.
In the event of loss, destruction, or any other cause that prevents the return of the order due to a cause attributable to you, you will be liable for the market value of the service at the time of exercising the right of withdrawal, unless said value is higher than the purchase price, in which case you will be liable for the latter.
The right of withdrawal will be formalized through a document that Mulet will make available to you once you have communicated your decision to withdraw from the purchase.
To exercise their right of withdrawal, the buyer must return the withdrawal form, duly completed and signed, to hola@mulet.eu
The request will be immediately forwarded to customer service, who will contact the buyer to coordinate the return of the product and provide guidance on the steps to follow, which will vary depending on the original shipping method.
Return costs will be borne by the buyer, as well as any other inherent costs arising from this return.
The buyer will be reimbursed, as soon as possible and no later than 14 days after exercising their right of withdrawal, the full value of the Product upon receipt of the returned Product in perfect condition, in its original packaging, with all its accessories and after our technical service has monitored its condition.
7 - USE OF THE WEBSITE
7.1 INTELLECTUAL PROPERTY
The elements published on the Mulet Site, including, in particular, logos, trademarks, text, photographs, images, drawings, models, or paintings, are works protected by intellectual or industrial property rights. Consequently, any reproduction or representation of this Site, in whole or in part, is strictly prohibited without the express prior consent of the holders of these rights and constitutes a violation punishable by the provisions relating to intellectual and industrial property rights and/or a criminal offense liable to the civil liability of those who have violated the aforementioned rights.
7.2 USER RESPONSIBILITY
Browsing the www.mulet.eu website is the sole responsibility of users. Mulet shall not be held liable for any malfunctions, errors, or computer viruses that may affect continuous access to its website, nor for any malfunctions in users' computer equipment that may occur following access to the website. Consequently, it is not obligated to compensate for any direct or indirect damages that may arise from the use of or access to its website, or from the downloading of elements stored on the website (images, text, video files).
7.3 PROTECTION OF PERSONAL DATA
To store and process customer orders and/or respond to requests for information, Mulet collects users' personal data. Users have the right to access, correct, object to, and delete this data, in accordance with Organic Law 15/1999 of December 13, on the Protection of Personal Data. For any requests, please contact hola@mulet.eu.
8 - FORCE MAJEURE
Neither Party may be held liable for any total or partial failure to perform its obligations if such failure is due to acts of God or the occurrence of an event considered to be force majeure, such as, but not limited to, floods, fires, storms, shortages of raw materials, transport strikes, partial or total strikes, or closures. The Party affected by such events must inform the other Party as soon as possible and, at the latest, within five (5) business days after the occurrence of this event.
The parties agree that they must jointly agree as soon as possible on the execution methods for the order during the period of validity of the force majeure event. If the period of force majeure exceeds one (1) month, Mulet may not process the order and must reimburse the buyer, where applicable, for any amounts paid by the buyer for the order in question.
9 - MISCELLANEOUS
9.1 TEST
By express agreement between Mulet and the buyer, emails will be used as evidence between the parties, in the same way as the automatic registration systems used on the Site, particularly with regard to the nature and date of the order.
Pursuant to the rules of common law, the buyer may access the electronic contract concluded with Mulet. To do so, they must contact Customer Service by email and provide all necessary information, including the order number and their details.
9.2 PARTIAL DISABILITY
If one or more provisions of these GTC are deemed invalid or declared as such by virtue of a law, regulation or following a final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.
9.3 NO WAIVER
The failure of one of the parties to enforce any clause of these GTC, whether permanently or temporarily, shall not be construed as a waiver of that party's rights arising from that clause.
9.4 TITLE
In the event of difficulty in interpretation between any of the titles of the articles and chapters and any of the clauses, the titles are considered non-existent.
9.5 MODIFICATION OF THE GTC
Mulet reserves the right to modify these Terms and Conditions. Any new version of these Terms and Conditions will be posted on the website.
The online version on the Site at the time the buyer places the order will prevail over any previous version of these GTC.
9.6 INTEGRITY OF THE CONTRACT
These GTC and the order summary transmitted to the buyer form a contractual whole and constitute the entirety of the contractual relations established between the parties.
10 - APPLICABLE LAW / JURISDICTIONThe relationship between buyers and Mulet, in terms of orders placed on the Site, will be governed by Spanish law and any dispute regarding any order will be subject to the jurisdiction of the Spanish courts and the courts of Madrid.