GENERAL PURCHASING CONDITIONS
This contractual document will govern the purchase of goods or products through the website mrwonderful.com, owned by MR.WONDERFUL COMUNICATION SL, hereinafter the PROVIDER, which offers the sale of stationery and decoration products, whose contact details also appear in the Legal Notice of this website.
These conditions will remain published on the website available to the USER for them to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since the conditions that are in force at the time of ordering will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- He has read, understands and understands what is stated here.
- By placing an order through this website, they declare that they are over 18 years of age and have the legal capacity to enter into contracts.
- Assume all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods or products contracted by the USER is MR.WONDERFUL COMUNICATION SL, with registered office Avda. Diagonal, 435 - 4º-1ª 08036 Barcelona (Barcelona), NIF B65773400 and with customer service telephone number: 93 180 26 72.
And on the other, the USER, identified and/or registered on the website by means of a username and password, over which they have full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.
The language in which it will be contracted through this website is in Spanish, Italian, English, French and Portuguese.
In the case of creating an account, the USER will select a username and password, committing 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 it proceeds to immediate blocking.
The PROVIDER informs that during the purchase process the user will have to identify themselves with the username and password. The user will have access to their orders, invoices, order tracking as well as data modification. These passwords will be used to access the services provided through the Website.
The PROVIDER makes technical means available to Users to identify and correct errors in the introduction of data in the forms. In the shopping cart and forms in general, it will automatically validate that the data format is correct and the user will be given the option to correct them.
We inform you that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipment of orders.
- Withdrawal and Withdrawal Policy.
- Returns and Return Policy.
- Claims and online dispute resolution.
- Force majeure.
- Generalities of the offer.
- Price and validity period of the offer.
- Transportation costs.
- Form of payment, expenses and discounts.
- Purchase process.
- Applicable warranties.
- Disassociation and suspension or termination of the contract.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions, specifically through the selection of the acceptance box. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
To place an order, you must follow the online purchase procedure and click on the acceptance of the GENERAL PURCHASE CONDITIONS AND IN THE SECTION "ORDER WITH PAYMENT OBLIGATION".
2. DELIVERY OF ORDERS
Merchandise shipments will usually be made by courier service, according to the destination indicated by the USER.
Shipping costs include Value Added Tax (VAT) in all cases, but no other taxes, fees, duties or surcharges.
Shipping is understood to be the delivery of the items to the USER's address or to the address specified by the USER during the ordering process. Or, in Mr. WONDERFUL's own stores (excluding authorised points of sale such as El Corte Inglés, FNAC, etc.).
MR.WONDERFUL delivers the orders to the courier service within a maximum period of 48 working hours.
Shipments to Spain (mainland) take approximately 2 to 3 working days (Monday to Friday), once the payment has been confirmed by the USER. In international shipments the delivery time can be from 4 to 10 working days (Monday to Friday), depending on the destination and the chosen transport company. Once the package is delivered to the courier service, the USER will receive an SMS or email with the tracking number of the shipment.
The delivery dates or deadlines will be understood as approximate, not constituting the delay essential non-compliance. MR.WONDERFUL is not responsible for possible delivery delays caused by the courier service.
The PROVIDER will not send any order until it has verified that the payment has been made (except in cases of orders paid on delivery, which will have to be paid without fail in cash at the time of delivery).
The PROVIDER will not assume any responsibility when the delivery of the good or product does not take place, because the data provided by the USER is false, inaccurate or incomplete. In these cases, the PROVIDER will reimburse the price of the products, but not the corresponding shipping costs.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or the latter's delegate, has signed the delivery receipt document.
In the event that the USER receives the package in poor condition, the receipt must be signed, but with "reservation" that is, indicating the damage to the packaging, etc.
It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the option of "delivery to store" has been chosen, at the time of collection in store and to withdraw the order, identification must always be presented along with the order confirmation, and the details must always be the same. In the event that the order is collected by a third person, an authorisation signed by the owner of the order must be presented along with a copy of their identification document, as well as the proof of purchase.
Orders will be kept in the store for a maximum period of 7 calendar days, once this non-extendable period of 7 days has elapsed, the orders will be returned to our warehouse. In this case, the management and logistics expenses from the store to the MR.WONDERFUL warehouse must be paid by the USER (€3 national shipments and standard cost per country for international shipments).
In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to perform this download, for example, for cases in which they have purchased gift cards.
The user will not be able to cancel an order once it has been confirmed.
3. WITHDRAWAL AND WITHDRAWAL POLICY.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product purchased from our online store, to exercise the right of withdrawal and void the contract entered into between the parties (article 71 of the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).
If the USER wishes to exercise their right of withdrawal, they must notify MR.WONDERFUL by post, at the address Avenida Diagonal nº 435, 4º 1ª, 08036, Barcelona, by phone at number 93 173 00 06 or by writing an email to firstname.lastname@example.org.
In any case, the costs of returning the product will be borne by the USER, except for those withdrawals based on the lack of conformity with the product.
It should be mentioned that, according to recital 47 of Directive 2011/83/EU, if the USER wishes to exercise the right of withdrawal after having used the goods more than is strictly necessary to determine their nature, characteristics or operation, they will be responsible for any depreciation thereof.
It is understood that to determine the nature, characteristics or operation of the goods acquired, the USER can only and must carry out the same manipulations and inspections of the goods as those that would be admitted in a physical establishment. Therefore, during the trial period the consumer must handle and inspect the goods with due care.
According to art. 103 of Royal Legislative Decree 1/2007, the right of withdrawal will not be applicable to contracts that refer to:
- a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the employer, they will have lost their right to withdrawal.
- b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the business owner cannot control and that may occur during the withdrawal period.
- c) The supply of goods made according to the specifications of the consumer and user or clearly personalised.
- d) The supply of goods that may deteriorate or expire quickly.
- e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
- f) The supply of goods that after delivery and taking into account their nature have been mixed inseparably with other goods.
- g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
- h) Contracts in which the consumer and user have specifically requested the employer to visit them to carry out urgent repair or maintenance operations; If, during that visit, the business owner provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal should apply to said additional services or goods.
- i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
- j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- k) Contracts entered into through public auctions.
- l) The supply of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts foresee a specific date or period of execution.
- m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
IMPOSSIBILITY OF RETURNING THE BENEFIT BY THE USER
According to art. 75 of Royal Legislative Decree 1/2007, the impossibility of returning the service object of the contract by the consumer and user due to loss, destruction or any other cause will not deprive them of the possibility of exercising the right of withdrawal. In these cases, when the impossibility of return is attributable to them, the USER will be responsible for the market value that the provision would have had at the time of exercising the right of withdrawal, unless said value was higher than the acquisition price, in which case they will respond to this one.
When the owner has breached the duty of information and documentation on the right of withdrawal, the impossibility of return will only be attributable to the consumer and user when they have omitted the diligence that is required of them in their own affairs.
WITHDRAWAL REQUEST FORM
To exercise their right of withdrawal, the USER must complete the form that we make available to them: WITHDRAWAL request form (consumer/user) and send it via email to the PROVIDER to the following address: email@example.com.
RETURN OF AMOUNTS RECEIVED BY THE PROVIDER
When the USER has exercised the right of withdrawal, the PROVIDER will be obliged to return the sums paid by the consumer and user without withholding expenses. The return of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the consumer and user have informed of the decision to withdraw from the contract. In any case, the return of sums received may be withheld until the material receipt of the goods or products, or the receipt of sufficient proof that proves their return.
Once said period has elapsed without the USER having recovered the amount owed, they will have the right to claim it in duplicate, without prejudice to the fact that they are also compensated for the damages that have been caused to them in excess of said amount.
The PROVIDER is responsible for the burden of proof on compliance with the term.
4. RETURNS AND RETURNS POLICY.
The USER has the same rights and terms to proceed to make the return and/or claim the possible vices or defects that the product presents, for registered USERS as for non-registered USERS.
The USER has a period of (30) thirty calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27. The expenses related to the shipment of returns will be fully assumed by MR.WONDERFUL In any case, the product must be returned in its original packaging and in perfect condition.
The USER may return the products purchased through the website to any of the MR.WONDERFUL stores in Spain. In this case, you must go to any of these stores and deliver together with the product, the electronic receipt that you will have received attached to the Shipping Confirmation, which is also kept in your account on the website. The electronic receipt can be displayed digitally through the screen of your mobile device or by taking it printed to the store.
MR.WONDERFUL will proceed to process the refund using the same means of payment used by the USER for the initial transaction.
In the case of sales made by the USER "cash on delivery", the return must be made in the same manner specified in the previous point. The management expenses corresponding to the reimbursement must be assumed by the USER.
The costs of returning the products will be FREE.
In the cases in which the USER wants to return the products voluntarily, that is, without defects or irregularities being detected in them, the price of the product will be reimbursed with the subtraction of 3 euros of management costs.
The return will not proceed in the following cases:
- If the product is not presented in perfect condition.
- If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
- When the product is open without being able to demonstrate that it has not been used.
- When they are personalised products and/or "personalised kits" or those, which for reasons of hygiene or other legally foreseen exceptions, are not subject to the right of withdrawal or return.
5. CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: MR.WONDERFUL COMUNICATION S.L., Avda. Diagonal, 435 - 4º-1ª 08036 Barcelona (Barcelona)
We have a complaint form available to clients which can be requested by writing to firstname.lastname@example.org
Likewise, any doubt, suggestion or comment may be directed to our Customer Service department at the email and telephone number indicated in the table above.
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 conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The parties will not incur liability for any fault due to a major cause. The fulfilment of the obligation will be delayed until the cessation of the case of force majeure.
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, MR.WONDERFUL will inform the User by email of the total or, where appropriate, partial cancellation of the order. The partial cancellation of the order does not give the right to the cancellation of the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the USER in accordance with the provisions of these Conditions. MR.WONDERFUL is not responsible for delays in the delivery of orders, or the impossibility of carrying them out when the cause is due to force majeure, and therefore, beyond our control. Among other causes, we understand that there is force majeure in the following cases, but without limitation: accidents; strikes; riots, threats or terrorist attacks; fire or explosion; meteorological causes or natural disasters such as storm, flood, earthquake, subsidence, epidemic; problems beyond our control in the means of transport or telecommunication systems. As far as possible, once the cause of impossibility or delay has ended, MR.WONDERFUL will do everything possible to resume its commercial activities and to be able to fulfil its obligations and shipments.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these General Conditions in their entirety.
8. OFFER OVERVIEW
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of MR.WONDERFUL COMUNICATION S.L. or here stipulated will take effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
9. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the good or product purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed. The products will be sold at the price indicated, being the one that is collected at the time of the confirmation of the order by the USER being in force.
Once the order is placed, the prices will be maintained whether there is product availability or not.
Any payment made to the PROVIDER entails the issuance of a delivery note. In the event that the USER requires an invoice in the USER's name, it must be indicated at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
The cash on delivery payment option will not be accepted in those orders that have marked the option of "shipping to store".
For any information about the order, the USER may contact through the PROVIDER's customer service telephone number (93 180 26 72) or via email to the address email@example.com
10. TRANSPORTATION EXPENSES
Prices do not include shipping costs (free for Spain from 2 articles) or communication, or installation, or complementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
National and Peninsular Shipping: With an article, € 3. FREE from (2) two articles.
Shipments to the Balearic Islands: € 4.00
International Shipping: from € 5
Collection in store: FREE.
Shipments are made to EU member countries, except Malta, Cyprus, Andorra, the Canary Islands, Ceuta, Melilla, the Azores Islands and remote French overseas territories.
FREE SHIPPING COSTS*
For the purchase of 2 or more items in the following countries: Spain (Mainland and Balearic Islands) and Portugal. For purchases over €60 in the following countries: France, Italy, Austria, Belgium, Germany, United Kingdom, Ireland, Luxembourg, Netherlands, Finland, Denmark and Sweden.
* Specially priced items do not count as a second item for free shipping.
11. PAYMENT METHODS, CHARGES AND DISCOUNTS
The USER will be taken to the PayPal website, taking advantage of its secure payment platform. Once the payment process has been completed, you will be redirected back to the MR.WONDERFUL website.
Once in PayPal you can make the payment with a Paypal account or with a credit card, in no case is cash on delivery accepted through the Paypal website
Paypal may retain an amount as a guarantee or insurance when trying to make a purchase with the card on the PayPal platform. The collection of this amount does not guarantee that the purchase is made.
The USER will be taken to the Adyen website, taking advantage of its secure payment platform. Once the payment process has been completed, you will be redirected back to the MR.WONDERFUL website.
Once in Adyen you can choose the method with which you want to make the payment. One of these options is by credit card. In no case is cash on delivery accepted through the Adyen website.
Adyen may retain an amount as security or security when attempting to make a purchase with the card. The collection of this amount does not guarantee that the purchase is made.
PAYMENT UPON RECEIPT
- The cash on delivery option will mean paying a surcharge of €2. The cash on delivery option is only applicable to Spain, Portugal and Italy. Payment will be made upon delivery of the package, paying by hand to the courier, in cash and with the exact amount. In no case will delivery be made without payment of the order.
The USER will be taken to the Amazon Pay website, taking advantage of its secure payment platform. Once the payment process has been completed, you will be redirected back to the MR.WONDERFUL website.
Once in Amazon Pay you can make the payment with an Amazon account.
Security Measures and Secure Payment
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the Purchaser, Issuing Bank, Merchant or Holder of the card or cards.
In relation to Security, the website uses security techniques such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorised access to data. To achieve these ends, the user / client accepts that the provider obtains data for the purposes of the corresponding authentication of access controls.
Likewise, the information about your credit card is not registered in any database, but goes directly to the POS (Point of Sale Terminal) of the bank.
In addition, we inform that, in an effort to provide greater security to credit card owners, we have incorporated into our payment gateway the secure payment system called CES (Secure Electronic Commerce).
The data of your card or account and your password are protected by this security system (through an SSL (Secure Socket Layers) protocol with https connection from the moment of its introduction and are not sent in any case to our company. you will recognise by the icon of a padlock in the navigation bar. You will also see in the URL 'https' instead of 'http'. This additional 's' means 'secure' (secure). With SSL, all the information between our page web and you is encrypted to be unreadable to third parties.
12. PURCHASING PROCESS
Any product from our catalog can be added to the basket. The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties.
To proceed with the purchase of the product, the USER, who must be over eighteen (18) years old, must select the product they wish to buy and add it to the Cart. Once the selection of products to be purchased has been completed, the USER must click the "Place order" icon. Next, the products selected for purchase will be indicated and the USER must select from the available options for sending the products to the indicated address or to "store pickup" and the method of payment. Finally, the user must accept the legal conditions and click the "Complete the order" icon.
The data provided to MR.WONDERFUL through the corresponding form are identifying and enabling elements to access and make purchases and are personal and non-transferable.
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order, its status and the approximate shipping and / or delivery date.
13. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of consumers and users and other complementary laws.
I. Conformity of the products with the contract (art. 116)
Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case, any of them is not applicable:
- They conform to the description made by MR.WONDERFUL COMUNICATION S.L.
- They are suitable for the uses to which products of the same type are ordinarily destined.
- They are suitable for any special use required by the client when it has been made known to MR.WONDERFUL COMUNICATION S.L. at the time of the conclusion of the contract, provided that it has accepted that the product is suitable for this use.
- Present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by MR.WONDERFUL COMUNICATION S.L.
- MR.WONDERFUL COMUNICATION S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
- The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by MR.WONDERFUL COMUNICATION S.L. or under the responsibility of him, or by the USER when the defective installation is due to an error in the installation instructions.
- Responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.
II.Responsibility of the PROVIDER and rights of the consumer and user (art. 118)
MR.WONDERFUL COMUNICATION S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. MR.WONDERFUL COMUNICATION S.L. recognises the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.
III. Incompatibility of actions (art. 117)
The exercise of the actions mentioned in the previous point will be incompatible with the exercise of the actions derived from the reorganisation for hidden defects of the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.
IV. Repair and replacement of products (art. 119)
If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to MR.WONDERFUL COMUNICATION S.L. the option chosen, both parties must abide by. This decision of the USER is understood without prejudice to the provisions of the following point for cases in which the repair or replacement fails to bring the product into compliance with the contract.
Any form of reorganisation imposed on MR.WONDERFUL COMUNICATION S.L. will be considered disproportionate. costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of remediation could be carried out without major inconveniences for the USER.
V. Rules for the repair or replacement of the product (art. 120)
Repair and replacement will conform to the following rules:
- They will be free for the USER. This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
- They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
- The repair suspends the calculation of the periods referred to in article 123. The suspension period will begin from the moment the USER places the product at the disposal of MR.WONDERFUL COMUNICATION S.L. and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, MR.WONDERFUL COMUNICATION S.L. will be liable for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
- The replacement suspends the terms referred to in article 123 from the exercise of the option until the delivery of the new product. In any case, the second paragraph of article 123.1 shall apply to the substitute product.
- If the repair is completed and the product is delivered, it is still not in accordance with the contract, the USER may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in Chapter II of Title IV regarding Guarantees and after-sales services.
- If the replacement fails to bring the product into conformity with the contract, the USER may demand its repair, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in Chapter II of Title IV regarding Warranties and after-sales services.
- The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
VI. Price reduction and termination of the contract (art. 121)
The price reduction and the termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USERNAME. The resolution will not proceed when the lack of conformity is of little importance.
VII. Criteria for the price reduction (art. 122)
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
VIII. Deadlines (art. 123)
- MR.WONDERFUL COMUNICATION S.L. Responsible for the lack of conformity that is manifested within a period of two years from delivery. In second-hand products, MR.WONDERFUL COMUNICATION S.L. and the USER may agree to a shorter period, which may not be less than one year from delivery.
- Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
- Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
- MR.WONDERFUL COMUNICATION S.L. is obliged to deliver to the consumer or user who exercises their right to repair or replacement, documentary justification of the delivery of the product, stating the date of delivery and the lack of conformity that originates the exercise of the right.
- In the same way, together with the repaired or replaced product, the seller will provide the USER with documentary justification of the delivery stating the date of the delivery and, where appropriate, the repair carried out.
- The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
- The USER must inform MR.WONDERFUL COMUNICATION S.L. of the lack of conformity within two months after he became aware of it. Failure to comply with said period will not entail the loss of the corresponding right to sanitation, the USER being responsible, however, for the damages actually caused by the delay in communication.
- Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
IX. Action against the producer (art. 124)
When the USER finds it impossible or an excessive burden to contact MR.WONDERFUL COMUNICATION S.L. Due to the lack of conformity of the products with the sales contract, you may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for MR.WONDERFUL COMUNICATION SL, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
Producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to repeat against the person responsible for the lack of conformity. This period is computed from the moment the cleanup was completed.
14. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, void or for any unenforceable reason, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
MR.WONDERFUL COMUNICATION S.L. may, without prior notice, suspend or terminate the USER's access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply or follow any of the established obligations in this document or any applicable legal provision, license, regulation, directive, code of practice or use policies.
When you exercise any of your rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to the user.
15. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established.
According to arts. 50-52 of Law 1/2000, of January 7, on Civil Procedure and art. 18.1 of Regulation (EU) 1215/2012 of December 12, 2012 regarding judicial competence, the recognition and enforcement of judicial decisions in civil and commercial matters, the action brought by the USER against the PROVIDER may be filed before the jurisdictional bodies where the PROVIDER is domiciled or, regardless of its domicile, before the court of the place where the USER is domiciled.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the dispute resolution body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524 / 2013, without the need to resort to the courts of justice. For more information, see clause «5. CLAIMS AND ONLINE DISPUTE RESOLUTION »of these Conditions.