TERMS & CONDITIONS
Please, read the Terms & Conditions of sale (hereinafter, "Terms and Conditions") carefully before contracting and/or buying any MUNDANA brand product and/or service through the "Mundana Life" website”.
These Terms and Conditions govern the relationship between QUILLET MUNDANA, S.L. (hereinafter, "MUNDANA"), company owner of the trademark "Mundana", and the User (hereinafter, the "Client(s)") when the Client(s) purchase any products and/or services offered by MUNDANA through the website "Mundana Life" (hereinafter, the "Website"), a domain operated by MUNDANA.
Access to the Website and the information contained therein is free of charge, notwithstanding the connection charge paid by the User to gain access the corresponding telecommunications network.
The purchase of products and/or services offered by MUNDANA implies acceptance and binding with all the provisions included in these Terms and Conditions, as they are drafted at the time you access the Website. If the Client does not agree with the Terms and Conditions, he/she may not purchase the products and/or services offered on the Website.
MUNDANA operates through the Website and provides its services and/or products exclusively for the Principality of Andorra and the Spanish territory understood by Peninsular Spain, the Balearic Islands, the Canary Islands, Ceuta, Melilla and Gibraltar (hereinafter, "Territory").
2. COMPANY INFORMATION
The website is property of:
|Identity:||QUILLET MUNDANA, SL|
|Commercial Register data:||
Barcelona Companies Registry, volume 47014, folio 78, page B538153, inscription 1.
|Address:||Carrer de Manso 13, 4t 2a, 08015 Barcelona|
|Phone:||+34 696 488 687|
3. USER/CUSTOMER STATEMENTS
By purchasing the service/product, the Client declares that he/she is of legal age and has the legal capacity to purchase the products and/or services, and to be bound by these Terms and Conditions. Also, the Client states that it is resident in the Territory and that it contracts the products and/or services from the same one.
The Client accepts, expressly and without exception, sole and exclusive responsibility for access and use of the Website and the services and/or products.
Likewise, the Client declares that he/she has previously read this Terms and Conditions, understands and accepts them entirely, as well as expressing he/she is bonded to them.
4. MUNDANA PRODUCTS AND SERVICE PURCHASE
4.1. Formation of contract
Browsing and using the Website, including desired products and/or services selection, does not require prior subscription or registration. However, if you wish to purchase our products and/or services, prior to making payment, you will be asked to register as a user, to do so you must complete the registration form. Personal data provided in the registration form are necessary manage your purchase.
The Website offers purchasing products and/or a range of products of your choice (hereinafter, "Discretionary Mundana Service"), as well as the purchase of products and/or batches of products by subscribing to our different modalities of packs service (hereinafter, "Mundane Subscription Pack"), which includes products from third parties, and occasionally some of our own products.
The Client shall select the desired modality of acquisition of the products and/or services. For more information on our different modalities, please, see Section 4.3.
Once registered as a user, you will be considered as our Client, and you shall choose your payment method. For more information on our payment methods, please, see Section 8.
When the payment has been made and its correct reception has been confirmed, it will be considered that the contract between us has been formed, regardless of whether it is the Discretionary Mundana Service or Mundana Subscription Pack. MUNDANA will send you a confirmation e-mail, which reflects your data and informs you that we have received and accepted your order and/or subscription.
Please, remind that the data you have entered will be presumed to be correct and truthful. MUNDANA shall not be responsible for any errors in the provided data. We recommend you to verify if the provided information is correct and, if you do not agree with the information shown in the confirmation email, you may request its amendment.
Once your order and/or subscription has been confirmed, we will notify you the shipment of your order by e-mail. Our logistics supplier will also send you an e-mail informing you of the expected delivery time.
4.2. Documentary confirmation
If you wish, at the end of the Discretionary Mundana Service purchase process and/or subscription of a Mundana Subscription Pack, you can click on the "print" button in order to download and/or print the purchase and/or subscription confirmation. Also, a confirmation email will also be sent to the provided e-mail address attaching your order and/or subscription invoice.
If you do not receive the confirmation email during the working day following the day on which the order and/or subscription is placed, please inform us at the following address: email@example.com.
Please, remind you can view or download, at any time, invoices related to your orders and/or subscriptions made in MUNDANA, through the menu of your User Profile > Invoices.
4.3. Acquisition modalities
MUNDANA offers different acquisition modalities regarding its products and/or services. We inform you that only those obligations contained in this Section that refer to the contracted acquisition modality shall be binging for you. We offer you the following modalities:
Discretionary Mundana Service: MUNDANA offers a variety of products, and the Client may purchase such products without any subscription service.
Mundana Subscription Pack: We offer you the possibility of subscribing periodically to a pack in which we offer different products from third parties, and occasionally some of our own product, on a bi-weekly, monthly, quarterly, semi-annually or annually basis (hereinafter, "Subscription"). By contracting a Subscription, the Customer agrees to make a one-time, mandatory and in advance payment. The Subscription shall be considered valid and in force until the last delivery period.
The Subscription is not automatically renewed, as a result of which before the last delivery we will notify the end of the Subscription, so the Client can decide whether to renew it.
Information on the modalities of the Subscription service is available at all times and in an updated form on the Website, specifically in the descriptions of the different available packs.
5. Shipment and delivery
If you have purchased products through the Discretionary Mundana Service its shipment will depend on its availability in physical stock. If available, the shipment shall be made immediately in order to meet the delivery date of that modality. However, where not available the availability of each product individually shall be attended. When placing an order for several products with different availabilities, they shall be sent depending on the availably of each product. Acquiring several products with different availabilities, and its shipment according to its availability, shall not entail any extraordinary cost for the Client.
In the event that there is any stock shortage or unavailability of an item, MUNDANA will contact immediately the Customer to inform him/her, and offer a new delivery date or, if it is not possible to serve the product, proceed to its cancellation and refund.
MUNDANA shall deliver Mundana Discretionary Service and/or Mundana Subscription Pack products to the address indicated by the Client, which must be located within the Territory. When the provided delivery address does not match the desired delivery place, MUNDANA shall not be responsible for mistakes or damages caused during delivery.
From the moment in which the product has been made available to the Client at the provided delivery address, the delivery shall be considered as fulfilled. When the delivery is fulfilled the product shall be under the Clients responsibility.
The delivery of the products of the Mundana Subscription Pack takes place, as a general rule, during the first and third Friday of each month. If the first and/or third Friday is a public holiday, it will take place on the following working day.
Delivery of Discretionary Mundana Service orders in Peninsular Spain and Mallorca shall be made during the TWENTY-FOUR (24) hours following confirmation and acceptance of your order, provided that such products are available in physical stock and, the order is placed before FIFTEEN (15) hours.
Delivery of Discretionary Mundana Service orders in Andorra, Menorca, Ibiza, Gran Canarias, Tenerife, Ceuta, Melilla and Gibraltar shall be made during the FORTY-EIGHT (48) hours following confirmation and acceptance of your order, provided that such products are available in physical stock and, the order is placed before FIFTEEN (15) hours.
Delivery of Discretionary Mundana Service orders in the rest of the Territory (Lanzarote, Fuerteventura, La Palma, La Gomera an El Hierro) shall be made during the SEVENTY-TWO (72) hours following confirmation and acceptance of your order, provided that such products are available in physical stock and, the order is placed before FIFTEEN (15) hours.
Shipments to Andorra, Canary Islands, Ceuta, Melilla and Gibraltar are subject to customs clearance (DUA), with possible loss of transit (+24 hours). The delivery time may have an extension of TWENTY-FOUR (24) hours as a consequence of the customs clearance.
Information regarding the product availability in physical stock can be found in the products description which are marketed by MUNDANA.
If you have chosen to subscribe to the Mundana Subscription Pack, the shipment will depend on the day on which the Customer has subscribed. As a general rule, delivery takes place on the first and third Friday of each month. If the first and/or third Friday of the month is a public holiday, it will be delivered on the following working day.
If the Client is not at home when the delivery of the Discretionary Mundana Service and/or Mundana Subscription products is being made, the logistic provider will leave a notice with instructions on how to proceed to arrange a new delivery, free of any charge. The first two delivery attempts do not involve any cost for the Client, however, the third attempt is subject to authorization by MUNDANA. A third delivery attempt, authorized by MUNDANA, will mean an additional cost for the Client. MUNDANA shall only be responsible for this additional cost as a result of an error produced during the shipment and attributable to MUNDANA.
If, after FOURTEEN (14) working days from the date of the notice, the Client has not contacted with the logistic provider in order to arrange a new delivery date, the products shall be returned to MUNDANA, and the Client shall be responsible for shipping and return costs, as well as any associated management costs. These amounts will be deducted from the amount of the product that the Client undertakes to return to MUNDANA.
5.3. Delivery costs
The delivery costs regarding the Mundana Subscription Pack are included in the price of the contracted subscription modality.
In the Discretionary Mundana Service, purchases have three different rates, depending on the address indicated for delivery:
RATE 1: Peninsular Spain: SIX (6) euros.
RATE 2: Balearic Islands: TWELVE (12) euros.
RATE 3: Canary Islands, Ceuta, Melilla and Gibraltar: TWENTY (20) euros.
MUNDANA's Web Site offers a wide range of products depending on the modality you wish to contract and/or purchase.
We do our best to present our products with perfect photos and exhaustive descriptions in order to make them as accurate as possible. However, slight color differences may occur due to screen resolution or change of supplier, or omissions in presentation, changes may be more significant when it comes to artisanal products. In this case, MUNDANA's liability cannot be compromised.
MUNDANA informs that the number of units available is kept up to date with the stock in the warehouse, but in some cases, stock may vary due to human error or computer incidents and the product may not be available in the quantities ordered.
In the Discretionary Mundana Service, if the product is not available after the order has been placed, the Client will be informed by email regarding the total or partial cancellation of the order. The partial cancellation due to lack of availability does not give the right to the cancellation of the entire order. If as a result of this cancellation the Client wants to return the product delivered, the provisions of Section 9 (returns) shall be followed.
All prices published on the Website are in Euros and valid, except for typographical errors. All prices shown are inclusive of Value Added Tax (VAT) and applicable on the date of order, and any other taxes that may apply to Peninsular Spain and the Balearic Islands. Any change in the VAT rate will be automatically applied to the products prices sold on the Website.
However, these prices do not include the shipping costs, which are detailed separately and must be accepted by the Client.
Promotions on products and/or services are duly marked and identified as such and, unless otherwise indicated, will be valid as long as they are shown on screen.
MUNDANA reserves the right to change prices at any time, but items shall be invoiced at the valid price when the order is placed.
When in the price of one of the products sold by MUNDANA a manifest error is noticed, the order shall be cancelled as soon as possible and its full amount shall be refunded. MUNDANA is not obliged to supply the product at the incorrect price if the error in the price is obvious and unequivocal.
Orders with delivery address to the Canary Islands, Ceuta and Melilla, shall be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in compliance with the regulations in force in each of these territories. Unless otherwise specified, MUNDANA shall be deemed not to be responsible for any costs related to customs duties and the corresponding taxes and duties on shipments to the Canary Islands, Ceuta and Melilla. These costs are therefore to be borne by the Client.
Shipments to Andorra, the Canary Islands, Ceuta, Melilla and Gibraltar are subject to customs clearance (DUA). In the event that taxes and/or duties have to be paid, these shall be borne by the Client.
The Customer agrees to pay at the time he places the order for Discretionary Mundana Service and/or subscribes to the Mundana Subscription Pack. The rates regarding shipment fees shall be added to the initial price which appears on the Website for each one of the sold products, except for Mundana Subscription Pack. In any case, those rates shall be communicated before the Client formalizes its purchase.
9. Returns and withdrawal right
9.1. Right of withdrawal
In compliance with the legislation in force, the Client has the right to withdrawal from its order within FOURTEEN (14) days, without having to state the reason for his decision. The withdrawal deadline shall expire on the FOURTEEN (14) days from the day the Customer received the order and, in case of delivering multiple products which are part of the same order and delivered separately, since the Client acquired material possession of the last of those products.
Postal address: QUILLET MUNDANA, SL. Carrer de Manso 13, 4t 2t, Barcelona (CP 08015)
We remind you that your decision to withdrawal your order must be sent before the deadline. You will also find a form on the exercise of this right of withdrawal in the e-mail in which we sent you your order and/or subscription invoice.
9.2. Exceptions from the right of withdrawal
In compliance with Article 103 of the Consumers and Users regulation, the Client may not exercise the right of withdrawal:
Food and beverages, since they are goods that can rapidly deteriorate or expire.
Products of underwear, In relation to the Mundana Subscription Pack, the packs or lots acquired as unitary products, are not subject of partial withdrawal/return, because they’re considered as a whole, not being able to separate its products.
In relation to the Mundana Subscription Pack, the packs or lots acquired as unitary products, are not subject of partial withdrawal/return, because they’re considered as a whole, not being able to separate its products.
9.3. Effects of withdrawal
If the Client exercises its right of withdrawal, we will refund the total price of the product, including initial delivery costs, once verified the reception of the returned product.
The Customer shall return the product(s) to MUNDANA, without any undue delay and, in any case, within a maximum period of FOURTEEN (14) days from the date on which he informs us of his decision to withdraw. The term will be considered fulfilled if you return the products before the end of this deadline.
The Client’s right of withdrawal shall apply exclusively when products are returned in the same condition in which they were received. No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage diminishing the products’ integrity. Products must be returned using or including all original packaging, instructions and other documents that accompany them, otherwise the product will be depreciated. The shipment must be made using the same packaging in which the product has been received in order to protect it. If the packaging with which it was delivered cannot be used, the Client shall return it with an equal protective packaging so that the product arrives at MUNDANA's facilities with the maximum possible guarantees. In any case, the form, which you find in the e-mail in which we sent you your invoice, shall be completed, printed and delivered together with the product to be returned.
The Client shall be responsible for the direct costs of returning the product (the costs of shipping the product from your home to our facilities).
The Customer shall be liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
MUNDANA will reimburse the returned product amount, including the initial delivery costs, once its correct condition has been verified and, within a maximum deadline of FOURTEEN (14) days from the date we’ve received the Client’s communication exercising its withdrawal right.
Once the correct condition of the returned product has been verified, MUNDANA will reimburse the amount, including the initial delivery costs, within a maximum period of CATORCE (14) calendar days from the date of receipt of the communication that the Customer exercised its right of withdrawal. The price which shall be refunded is the one that originally appeared in the order. The refund shall be made using the same payment method used by the Client for the initial transaction. If it is impossible to manage the return in the same method of payment used by the Customer, we will refund the amount by means of bank transfer, or by another method indicated by the Client.
If the order has suffered damage during its transportation, the Client shall communicate it to MUNDANA before twenty-four (24) hours after its reception, sending an e-mail to firstname.lastname@example.org. The e-mail must include a detailed damage description and a photography. In this case, MUNDANA shall initiate a claim procedure in front of the logistic supplier in order to replace the damaged product, without additional charge to the client.
If the products show any material or manufacturing defects, the Client shall notify this situation to MUNDANA before the TWENTY-FOUR (24) natural hours after receipt by sending an email to email@example.com, specifying the product(s) to return, attaching a photography and a detailed list of the defects. Once this notification has been received, MUNDANA will proceed to check the existence of the defects displayed by the Client, and may ask the Client for any additional information in order to proceed with the check. Once the appropriate checks have been carried out, if there’s a material or manufacturing defect, MUNDANA shall proceed to arrange for its replacement by another product of identical characteristics, assuming the shipping costs of the new product. If it is impossible to replace the product, the Client may request a full refund for the amounts paid for those products, including the initial delivery costs, which have been returned due to a defect, when it really exists. The return expenses in which the Client could incur will not be reimbursed. The return will be made in the same payment method that was used to pay for the purchase. If it’s impossible to refund using the same initial payment method, we will proceed to reimburse it by means of a bank transfer or by another method chosen by the Client.
Until it hasn’t been verified the product reception, which shall be returned or exchanged in its warehouse, MUNDANA shall not refund the amount or make any reshipment of its products.
MUNDANA does not accept any responsibility whatsoever, resulting from the following actions, including but not limited to:
Regarding the Website: MUNDANA shall not be liable for direct and/or indirect and/or intangible damages suffered as a consequence of: (1) Errors or delays in the access to the Website by the Client when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems on the Internet network, causes of unforeseen circumstances or force majeure and any other unforeseeable contingency beyond MUNDANA's good faith. (2) Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the Website are constantly operational. (3) Errors or damage to the Website caused by inefficient and bad faith use of the service by the Client. (4) The non-operation or problems in the email address provided by the Client to send the order confirmation or other informative communications. (5) The use that Clients may make of the materials on the Website or links contained therein, whether prohibited or permitted, in breach of intellectual property rights and/or industrial content of the Website or third parties. (6) It’s responsibility of the parents or legal guardians to exercise an adequate control over the activity of the children or minors in their charge. Meaning, access by minors to the contents included on the Website is responsibility of their parents and/or legal guardians. In any case, MUNDANA undertakes to solve any problems that may arise and to offer all the necessary support to the Client in order to reach a quick and satisfactory solution to the incident.
Regarding the obligations undertaken: MUNDANA shall not be liable for any breach or delay in the fulfillment of any of the obligations assumed in these Terms and Conditions, when such breach or delay is due to events beyond its reasonable control ("Force Majeure events"). Force Majeure events shall include any act, event, lack of exercise, omission or accident beyond MUNDANA's reasonable control and among others, the following: (1). Strikes, lock-outs or other vindictive measures. (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. (4) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (5) Impossibility of the use of public or private telecommunications networks. (6) Acts, decrees, legislation, regulations or restrictions of any government or public authority. It shall be understood that the obligations shall be suspended during the period in which the Force Majeure event continues, and that MUNDANA shall have an extension of time for performance for the duration of that period. MUNDANA shall use all reasonable means to end the Force Majeure event or to find a solution that allows it to fulfill its obligations despite the Force Majeure event.
Regarding orders and/or services: MUNDANA is not be liable for direct or indirect and/or intangible damages, including personal injury, suffered as a result of the use and/or ingestion of the products supplied, the loss of reputation, image, or data, that may occur during the use of the services and deliveries of the products, regardless of whether they are Mundana Subscription Pack and/or Mundana Discretionary Service. Some of the products come directly from manufacturers and/or third-party partners, and therefore they are responsible for the fact that such products have been certified and have passed all relevant sanitary controls, to be made available to the general public. MUNDANA delivers the products to the Clients in the same condition, and as they were previously delivered to it by the manufacturers and/or third party partners. Any damage caused by the products must be claimed directly from the manufacturers and/or third-party partners, and MUNDANA declines any responsibility in this regard. In particular, MUNDANA cannot be held responsible for any allergic reaction that the products may cause to the Client.
11. Data protection
All documents related to the contractual relationship are available in Spanish, Catalan and English. In case of doubts, the Catalan version is predominant.
Please note that these Terms and Conditions may be modified at any time. Its valid content may be viewed through the "Terms and Conditions" section called found on the Website.
14. Applicable law and competent courts
The Terms and Conditions of this Website and the relationship between the user and MUNDANA shall be governed by Spanish legislation and jurisdiction. For any discrepancy and/or dispute that could arise between the user and MUNDANA, both parties submit to the courts and tribunals of the consumer's (user) domicile.
In compliance with European Union Regulation 524/2013 of 21 May 2013 on online consumer dispute resolution, we inform you that the European Commission has established an online platform for online out-of-court dispute resolution, which is available at the following link: http://ec.europa.eu/consumers/odr. This platform may not be available in all countries.
Cooperation with police/judicial authorities: MUNDANA may inform and collaborate in a timely manner with the competent police and/or judicial authorities if it detects any violation of current legislation or if it has suspicion of a crime or criminal misdemeanor.
Last updated: 25.05.2020