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Sale Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

 

  1. ACCEPTANCE OF THE CONDITIONS
1. These general conditions of contract (the "General Conditions") regulate the sale by LUJART 2021, SL. with registered office at C/ Claudio Coello, 90, 28006 Madrid and C.I.F. number B05488366 (hereinafter, MICUIR) to the Client (the "Client" or "User") of the products offered by MICUIR through its online store https://micuir.com/(hereinafter, "the Web") in accordance with the provisions of its product catalog.

2. For the purposes of the provisions of these General Conditions, the products are intended exclusively for the Customer or User (understood as the natural person over eighteen (18) years of age or the legal entity duly represented), acting as consumer or final recipient, being prohibited any professional activity of resale or distribution of the products purchased.

3. The present General Conditions will be applicable to each and every one of the acquisitions that the User formalizes through the Web(https://micuir.com/). The user acknowledges that it has legal capacity to bind and purchase the products, and agrees to be bound by the provisions of these General Conditions.

4. The present General Conditions will be completed and complemented with the Particular Conditions that in its case are established being added in addition, the linking of the user to the Conditions of Use and Privacy Policy of this Web.

 

2. PURCHASE PROCESS: ORDER AND ACCEPTANCE

1. Users (registered or acting as Guests on the Web) may place an order through https://micuir.com/. The user who orders a product through the Web declares full capacity to hire and use any of the means of payment offered through it.

2. To proceed with the purchase of a particular product it will be necessary for the user to select the product you wish to purchase, then indicating the number of units of the same you want and add it to your cart.

3. Once the product has been added to the cart, and in case it has a discount coupon, the user will be able to add the coupon code and update the cart to determine the price of the purchase.

4. Similarly, on the right side of the screen, the user will see an estimate of the shipping costs of your order. The estimate that will appear initially in this phase of the purchase, will always be that of a shipment to Madrid, nevertheless and in the following phase of the purchase process, these expenses will be updated according to the place to which the order must be sent.

5. At this stage of the purchase process, the user who has a Gift Card, may also enter the code of the same to make your purchase.

6. Next, the User will have to click on the button "Finalize purchase" and at that moment a new phase of the process will be opened in which the user will be asked for the necessary information to specify the shipment and to determine the details of the invoice that Micuir will have to realize. Thus, the user must complete the shipping form by providing the following personal data (considering that those marked with an asterisk are mandatory): name *, surname *, company name (optional), country *, street address *, house number and name of the street, apartment, room, staircase, etc. (optional), zip code *, town / city *, province *, phone * and email *.

7. At that moment, the user will also have the option to create an account, so that in future accesses, he/she can be identified by entering his/her password without having to re-enter all the shipping data, thus simplifying the purchase process.

8. The creation of an account will require the user to enter a password.

9. The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. The user undertakes to use it diligently and to keep it secret, and must modify it as soon as he/she knows or suspects that it has been misused, and therefore assumes all responsibility for any consequences that may arise from the communication of said password to third parties.

10. The user also agrees not to use false identities, or impersonate others in the use of the Web, including the use of passwords or access codes of third parties or in any other way.

11. The user will also have the option at this stage to add a shipping address different from the main one (which will be the billing address) and to add a special note for delivery (clarifications or specific requests).

12. Once completed such data, separately from the price, and before confirming the order, will appear on the right side of the screen the total shipping costs to the address provided by the User. The user undertakes to provide an address for delivery of the order within the usual schedule of delivery of goods that enables the same. In case of non-compliance by the user of this obligation MICUIR will have no responsibility for the delay or impossibility of delivery of the requested order.

13. The user will have the option to request the collection of your product in store by checking the box created for this purpose. In this case, MICUIR will reserve the product for a period of one week after the online purchase has been made. After this period without the product has not been collected, MICUIR reserves the right to cancel the purchase and proceed to refund the amount.

14. The user will validate the order once the corresponding payment is made and as established in the fourth point of these conditions. The validation of the order by the customer expressly implies knowledge and acceptance of these general conditions of contract as part of the conclusion of the contract, which must be expressly accepted by checking the appropriate box, prior to placing the order.

15. MICUIR will file a copy of the transactions made with the users through an electronic document that, unless proven otherwise, will constitute proof of the effective completion of such contracting.

16. Once the purchase has been made and validated and within a maximum period of ten (10) working days after the purchase is executed, MICUIR will send the proof of purchase via e-mail.

17. Order confirmation does not imply final acceptance of the order: each order is subject to product availability verification procedures. In accordance with these procedures, MICUIR shall have a maximum period of ten (10) working days from the placing of the order to inform the Client of the final acceptance of the order. In the event that a product is not available, MICUIR may grant the possibility to reserve them or make a prior purchase (informing the user of the estimated period of receipt and delivery for the same) or reject the order for lack of availability.

18. Once the sale process has been completed, MICUIR will provide the Client with confirmation of the purchase made and of the conditions accepted and applicable to said purchase, thus formalizing the contract between the parties. Such confirmation will be issued by e-mail which will include the conditions applicable to it.

 

3. PRODUCT CATALOG: CHARACTERISTICS AND AVAILABILITY.

1. The product supplied by MICUIR will correspond to the descriptions and specifications contained in the Web itself at the time of ordering. Each product will have a file on the Web with a small description of the product, the price and indicative information about the availability of the product.

2. The products offered on the Web are valid as long as they remain visible in the same and with the stock indicated in each case. Each product will show the period in which it can be shipped from the warehouse or if there is no stock of the product. The computation of such period shall be computed in any case on working days.

3. In case of unavailability of the product after the order has been placed, the user will be informed by e-mail of: a) the new delivery time of the product if it should be replaced because of damage or defect in the product; b) the cancellation of the product, if it could not be served in any case, thus proceeding to the refund of any amounts that may have been received.

4. The time period for the return of said amount will depend on the payment system selected by the user and the conditions of each bank.

5. GIFT CARD: The user will have the option to purchase a gift card both through the Web and in the store. The user must indicate the value he/she wishes the card to have, selecting the amount, which may range from 50.00€ to 500.00€. Each card will be valid for one (1) year from the date of purchase. The gift card may be sent to the address indicated by the customer, in case of online purchases.

 

4. PRICE AND PAYMENT

1. The price of the product will be the price in force at the time of placing the order and, where appropriate, after applying the discounts that were applicable to the user who had a specific discount code. The price offered to the customer is the final price including legally applicable taxes and fees that may apply as provided in the product sheet at the time of ordering.

2. The amount of the shipping costs must be paid together with the payment of the price of the selected product. The shipping costs will be determined at the time of placing the order.

3. In any case, the shipping cost is calculated according to the destination entered in the order form and according to the following:

  • Peninsular Spain, Balearic Islands and Portugal:
    • Orders equal or superior to 80,00€: Free Shipping,
    • Orders under 80,00€: 4,00€.
  • Canary Islands and Melilla: €12.00 plus applicable charges
  • Europe: 15,00€ plus customs or applicable costs
  • Rest of the world: 50,00€ plus customs or applicable costs
4. Customs costs are not included in the price and must be paid by the buyer.
5. Payment for orders placed through the Web, may be made through debit / credit card (Redsys system) or through PayPal. In case of purchases in the store, payment will be accepted in cash and by credit card.
6. To proceed with the payment, the User must follow each and every one of the instructions that appear on the screen, providing all the data requested to make the payment effective.
7. MICUIR informs the user that the payment will be carried out through an e-commerce payment gateway of the bank itself that encrypts the data in order to ensure maximum security of the data provided by the user. The data provided by the user during the payment will not be stored by MICUIR.
8. In the event that the payment is made by VISA or Mastercard, the payment will be charged instantly if the card is a debit card or at the end of the billing period of the card if it is a credit card. For payments made with cards issued outside Spain, it is necessary that the issuing bank is under the Secure Electronic Commerce Security Protocol (CES), not admitting payments with cards that do not meet this requirement. If during the processing of the payment the user is informed of any error that does not allow the effective payment of the amount corresponding to the requested order, it will be automatically canceled and the customer will be informed of the cancellation through an error message on the screen.
9. MICUIR will send with the purchased product, proof of purchase or receipt that the Client must keep in any case to request an exchange or refund. MICUIR may issue, at the Client's request, the invoice corresponding to the purchase made.
10. GIFT CARD: In those cases in which the User wishes to make the purchase using a gift card, the User, once selected on the Web the product you wish to purchase, must enter the code in the box created for this purpose and click on the "Apply" button.
 
11. For the purchase to be valid, the value of the gift card must be equal to or greater than the product to be purchased. In those cases in which the value of the gift card is greater than the value of the product, the amount of the product purchased will be subtracted from the total value of the card, and the user may use the remaining amount available on the gift card until the expiration date that applies to the gift card.
12. DISCOUNTS: MICUIR may offer discounts to customers and users on certain dates, for certain products or as a direct result of the performance of a particular action by the User.
13. In such cases, the validity of the discounts shall be linked to compliance with the applicable conditions for each type of discount, which shall be specified at the time the discount is advertised.
5. PRODUCT DELIVERY
1. The products will be sent by courier service to the shipping address indicated in the order and within twenty-four to seventy-two hours (48-72 hours) from the formalization of the order from Monday to Friday from 10:00 to 14:00 hours. Orders placed outside these hours will be prepared on the next working day.
2. Products shall not be delivered to post office boxes or public places.
3. The user will receive an email from [email protected] specifying the expected delivery date. In any case, it is important that he/she has provided his/her contact telephone number in case it is necessary for the company in charge of the shipment management to reach him/her at any time.
4. Estimated delivery times are as follows:
  • Spain - between 48 and 72 working hours
  • Europe - 10 working days
  • Rest of the world - 30 working days

        5. During special promotional periods and Christmas, delivery dates may be increased.

 6. IMPORTANT: Orders that are pre-order (pre-purchase) will arrive in the range of dates set in the description of that item. 

7. The product shall be delivered to the Customer as indicated, and the Customer shall sign the delivery note upon receipt.

8. In the case of placing an order for several items with different availabilities, MICUIR will break down the order, sending the available items and leaving pending a second shipment, the items that were not available. In this case, the second shipment will be made at no additional cost.

9. It is up to the user to check the condition of his order at the time of delivery and then make any claims he deems appropriate. He also has the possibility to refuse the package if it has been opened or if it has obvious signs of deterioration.

10. In the event that the customer detects any problem at the time of delivery of your order (damaged packaging, missing or damaged products) must indicate it in writing on the delivery note of the carrier and contact our customer service center through [email protected] within a maximum period of three (3) calendar days from receipt of the order and indicating in the subject of the mail "Return of product due to damage in delivery" followed by the order number identifier. No return of damaged item will be accepted, as well as claim of missing item, if it has not been communicated within the deadline and as established.

11. It will be understood that the product has been delivered to the Client's satisfaction when the latter takes charge of it by means of its reception. At the time of delivery, the Customer shall examine the product, thus verifying the quantity, condition and integrity of the same to his satisfaction, and accepting it by signing the corresponding delivery note, which shall imply his express waiver to make any subsequent claim whatsoever.

 

6. RIGHT OF WITHDRAWAL

MICUIR recognizes the right of withdrawal of the Customer, who may return the product within a maximum period of fourteen (14) calendar days from the date of material receipt of the product.

2. The right of withdrawal may be exercised through written communication by email to [email protected] with the subject: "Return of product for withdrawal" followed by the order identification number.

3. Petitions that are not exercised through the indicated procedure will not be attended.

3.1. The refund will include the total amount of the purchase. The refund will be made through the same means of payment with which the product was purchased. MICUIR informs in any case, that the direct costs of return will be borne by the Customer who requests it.

3.2. The Client shall return the products subject to withdrawal without undue delay within a maximum period of fourteen (14) calendar days from the date on which it communicates to MICUIR its decision to withdraw. The refund of the amount corresponding to the withdrawal will be made within fourteen (14) calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that MICUIR has previously received the product. Otherwise, the disbursement may be withheld until receipt of the product or until the Customer proves the return of the product.

3.3. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the product is returned in its original packaging together with the invoice. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.

MICUIR shall make available to the Client the model form for the exercise of the right of withdrawal.

 

7. RETURNS AND EXCHANGES

7.1. EXCHANGES: The customer may request a change of size or model within 15 days of receipt of the product.

       In such a case, the customer must follow the following process:

  1. Introduce in the box the product that you want to be changed.
  2. Items must be shipped in their original condition, including the box and cloth bag, with no sign of being used or damaged. Otherwise the change of the product will not be accepted.
  3. Enter in the shipping box the details of the order (name and surname, order number and specification of the product and size for which you want to make the change).
  4. Send the package to the MICUIR store located in Madrid or go to the same in person to make the change (Claudio Coello 90, 28006 Madrid. Schedule of Monday to Saturday of 10:30 to 20:30 hours)
  5. MICUIR will not be responsible for the shipping costs of the product to be changed to the store, however, it will cover the shipping costs of the new product to the user as long as this shipment is within the Iberian Peninsula or Portugal. The expenses for the rest of the shipments will have to be paid by the client.
  6. The customer is solely responsible for the condition of the product until it has been duly received at the MICUIR warehouse. 
  7. Once the package has been received, the requested change will be made as long as the product is in stock. If this is not the case, the customer may choose between a refund of the corresponding amount or an exchange for a new design of the same amount. (In those cases in which the user chooses a new design of an amount different from the initial purchase, MICUIR will proceed to make a complete refund of the initial purchase amount, and the user must proceed to make a new purchase in order to receive the new product).
7.2 RETURNS: The customer may request the return of the product during a maximum period of 15 days from the receipt of the purchase. 

In such a case, the customer must follow the following process:

  1. Put the product you want to return in the box.
  2. Items must be shipped in their original condition, including the box and cloth bag, with no sign of being used or damaged. Otherwise the return of the product will not be accepted.
  3. Enter the order details (name and surname, order number and specification of the product and the reason for which you wish to return the product) in the shipping box.
  4. Send the package to the MICUIR store located in Madrid or go to the store in person to make the change (Calle Claudio Coello 90, 28006, Madrid. Schedule of Monday to Saturday of 10:30 to 20:30 hours)
  5. MICUIR will not be responsible for the costs of returning the product to be exchanged to the store.
  6. The customer is solely responsible for the condition of the product until it has been duly received at the MICUIR warehouse. 
  7. MICUIR reserves the right to reject returns communicated or sent outside the established deadlines, or in articles that are not in the same condition in which they were received.
  8. Once the package has been received, the condition of the product will be checked and if the product is in perfect condition and unused, the return will be authorised, and MICUIR will send the customer a confirmation e-mail, indicating the amount to be paid and which will correspond to the price initially paid for the product.
  9. The return payment will always be made through the same means in which the original payment was made.
  10. In those cases in which the purchase was made in cash, the customer must go to the store in Madrid to request a refund. In special cases, MICUIR may determine alternative means to proceed with the return.
  11. In those cases in which the purchase had been made by bank card, the refund of the amount will be made to the same bank card from which the purchase was made. The time that elapses until the MICUIR payment is made will depend on the bank that holds the card, being the maximum period of 14 days from the MICUIR payment request. The international commissions, that in its case could exist, derived from the transfer, will be in charge of the beneficiary and client.
  12. In those cases in which the purchase was made through the use of a gift card, MICUIR will issue a new card or reimburse the corresponding amount.
  13. During the sales period, MICUIR reserves the right to modify the conditions for the exchange and return of products. The conditions applicable to such periods shall be available to the user at the relevant times via the Web and/or the MICUIR store.
  14. If you have any questions or doubts, please do not hesitate to contact MICUIR by email at: [email protected].

 

8. WARRANTY
  1. If the Product is defective and/or does not conform to the manufacturer's specifications, the Customer may choose to replace or repair the Product free of charge.
  2. MICUIR's products are made of leather in a handmade way, for this reason they can often present the characteristics and variations of the natural materials that are used in their manufacture, which will not have the consideration of defects or defects. 
  3. MICUIR will proceed to replace or repair the product, provided that:
  1. The Customer shall inform MICUIR in writing of the existence of the defect by email to [email protected], within a maximum of seventy-two hours (72 h) from receipt of the product in case of online purchase, or from the purchase, if it was made in the store.
  2. It is to the reasonable satisfaction of MICUIR that such defects have been caused exclusively by defects in manufacture or storage and do not result from the irregular use of the product.
  3. The product is delivered to MICUIR if required.
  4. Once the customer's e-mail explaining the defect or problem of the product in question has been received, MICUIR will carefully examine the returned product and, within a maximum period of seven (7) working days, will inform the customer by e-mail if it considers that a refund or replacement of said product is appropriate, determining in the affirmative case how to proceed in order to carry out the return of the product.
  5. Reimbursement or replacement of the product shall be made as soon as possible and in any event within the time limits and by the means specified in point 7 above.

 

9. LIABILITIES: LIMITATIONS and EXEMPTIONS

Except as otherwise expressly provided in these General Terms and Conditions, MICUIR's liability in connection with any product shall be strictly limited to the purchase price of such product.

MICUIR shall not be liable for any failure or delay in the performance of any of its obligations under these Terms and Conditions caused by events beyond its reasonable control ("Force Majeure Event"). Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:

  • Strikes, lockouts or other industrial action.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
MICUIR's obligations under the Contracts shall be suspended for the period during which the Force Majeure Event continues, and MICUIR shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. MICUIR shall use all reasonable means and diligence to attempt to perform its obligations notwithstanding the Force Majeure Event.
10. DATA PROTECTION
  1. In accordance with the regulations on the protection of personal data, we inform you that the data provided voluntarily by the user will be processed by LUJART 2021, S.L., with address at C/ Claudio Coello, 90, 28006 Madrid and C.I.F. number B05488366, for the purpose of managing the purchase contract between the parties, which will include being able to identify you, carry out all the necessary steps to complete the purchase process of the selected product, manage the delivery of the product, manage possible changes or returns, carry out satisfaction surveys, etc.
2. The basis of legitimacy for the processing of the data of the user who makes a purchase on the Web, is the execution of the purchase contract that binds both parties. The realization of satisfaction surveys is based on the legitimate interest of MICUIR. Such data will be processed for the time necessary to manage the purchase of products or services purchased, including possible returns, complaints or claims associated with the purchase of the product or service in particular and during the periods that the related legislation may require.
3. Within the framework of this contract, and for the purposes foreseen, the Client expressly authorizes MICUIR, for the purposes foreseen above, to communicate its data to financial entities, fraud detection and prevention entities, technological service providers, logistics, transport and delivery service providers and collaborators, service providers related to customer service and in general to those providers whose intervention is necessary to complete the purchase process and shipment of the product.
4. The customer may exercise their rights of access, rectification, deletion, portability and limitation or opposition to the processing by writing to the registered office of MICUIR or by sending an email to [email protected], attaching a copy of ID card or other identifying document. You may also request to withdraw the consent given and complain to the Supervisory Authority (Spanish Data Protection Agency www.aepd.es).
11. MISCELLANEOUS
1. Each of the Parties acts in its own name and right.
Neither Party may assign its rights, interests, obligations or liabilities it acquires by accepting these General Conditions or delegate such liabilities without the prior written agreement of the other Party.
3. The present Conditions are written in Spanish. In the event of any discrepancy between the content of the Spanish version and any of the versions of these Conditions that may be translated, the Spanish version shall prevail.
4. If any wording or clause of these General Terms and Conditions is deemed invalid, illegal or unenforceable for any reason whatsoever, this shall not affect the validity of the remaining clauses.
5. No amendment or modification of these General Conditions shall be valid without the written acceptance of MICUIR.
6. MICUIR may modify the General Conditions at any time. The modifications made shall in no case affect purchases that have been made previously. MICUIR will inform of the modification of the General Conditions prior to the date of entry into force of the new text. 
 
12. APPLICABLE LAW AND JURISDICTION
1. These General Conditions are subject to Spanish law. The Customer, as a consumer, shall not be affected by the rights recognized as such by the legislation in force.