SALE TERMS AND CONDITIONS

Please, read this document carefully. The same contains the terms and conditions for the acquisition of the Products of MERCULES through the web site www.mercules.com (hereinafter, the WebSite)

The access, navigation and use of the WebSite implies the express and without any reserve acceptance of all the terms of the Conditions of Use made available on the Website. We recommend you to read the Conditions of Use thoroughly.

1. COMPANY DATA

MERCULES SPAIN, SL, (hereinafter, MERCULES) is a Spanish private limited liability company domiciled in Madrid (Spain), Calle Padilla 5, 6izquda with Tax Identification Number B-87112264, incorporated in the Commercial Registry of Madrid at Volume 32.794, Folio 81, Sheet M-589491. Contact email info@mercules.es.

2. OBJECT AND SCOPE

The WebSite is an online sale platform of MERCULES’s products. The present General Sale and Purchase Conditions (hereinafter, the Sale Conditions) regulates the selling conditions of MERCULES’s products on the WebSite.

MERCULES gives information about its own products and makes possible its acquisition through the WebSite. Anyone willing to acquire products on the WebSite must provide information by filing a form that will be made available at the time of the purchase. The information provided will be treated according to the Privacy Policy available on the WebSite.

The Sale Conditions are applicable to the acquisition of products on the WebSite substitute any other conditions, regardless otherwise agreed in writing between MERCULES and the User. Consequently, the User that acquire any product through the WebSite accepts to bind himself by the Sale Conditions as these are drafted in the moment the User completes the purchase, by means of the acceptance of the corresponding checkbox during the purchase process. MERCULES point out that without the acceptance of such checkbox, it will not be possible to finalize the acquisition.

The terms in capitals not be expressly defined in this Conditions of Sale will have the meaning given by MERCULES in the WebSite.

3. PRODUCTS’ INFORMATION

Descriptions, pictures, graphic or iconographic representation and videos of the products offered on the WebSite are displayed in order to give the User all the information required to make the purchase.

In case that, by force majeure or any other event attributable to MERCULES, the product is not available after the purchase being made, MERCULES will inform the User by email of the total or partial cancellation of the order. In the event of a total cancelation MERCULES will refund the total amount of the order and in case of partial cancellation, MERCULES will refund only the price of the products unavailable. In the event of lack of delivery of one or several products of a set of products or complementary products, the User can return the rest of the delivered products without any cost.

Likewise, MERCULES can undertake during determined periods, promotional campaigns in order to obtain new members on the WebSite.

4. PRODUCTS’ PRICE

The prices of the products offered on the WebSite include VAT and any other taxes applicable in Spain. Nevertheless, these prices will not include the delivery expenses of the products. These will be detailed in the payment process and have to be accepted by the User in the moment of the order’s request.

5. PURCHASE PROCESS

The acquisition of the products by the User through the Website will be accomplished, selecting the product and inserting it into the “shopping bag”, providing the information to process the order and following the directions of MERCULES.

The order, and therefore the agreement will be formalized in the moment of the reception of the payment by MERCULES. MERCULES will send the User a confirmation email of the purchase, no longer than 24 hours after the reception of the payment of the price and the delivery expenses of the products acquired on the WebSite.

The User must pay the price by means of a credit or debit card, Visa, Mastercard, American Express, Visa Electron and/or other similar cards, on delivery or by means of the PayPal system. The card used to make the payment has to be issued by a Spanish financial entity or a foreign entity with a branch or an affiliate established in Spain.

The User have to inform MERCULES, as soon as possible, through the email info@mercules.es of any fraudulent or undue charge in the card used on the WebSite with the aim that MERCULES could undertake the actions considered appropriate.

MERCULES has established the highest security measures commercially available in the sector. The Payment process works on a secure server using the protocol SSL (Secure Socket Layer). The secure server established a secure connecting so that the information is encrypted by algorithms of 128 bits that makes it only intelligible for the computer of the User and of the Website. The SSL protocol guarantee:
i) That the User is communicating its data to MERCULES’s server and not to any other.
ii) That between the User and MERCULES’s server the information is transmitted encrypted, avoiding its possible reading and manipulation by third parties.

MERCULES declares it has no access and does not store any sensible data related to the means of payment used by the User. Only the corresponding, payment processing entity will have accessed to this data, for the management of the payments. Once the purchase process is finalized, the system issued an electronic document where the agreement is formalized that the User can print.

6. DELIVERY

MERCULES will deliver the product in perfect conditions in the address indicated by the User. With the aim of optimizing the delivery process, the address provided by the User must be an address where the delivery can be made during regular working hours.

MERCULES will not be responsible for the mistakes in the delivery when the delivery address introduced by the User does not correspond with the place the User finally wants the products to be delivered.

MERCULES will inform the User, before the finalization of the purchase process, of the delivery term that will be approximately between 2 and 7 days.

The delivery will be considered done in the moment the product is made available to the User in the delivery place indicated by the User. The risk of the products (loss, damage, theft) will be transfer to the User at the moment the product has been made available to the User pursuant to this Sale Conditions.

7. RETUNS

(i) Right of withdrawal

The User has a maximum term of 14 calendar days to total or partially exercise its right of withdrawal, according to the applicable law.

Once this 14 days’ terms has elapsed, MERCULES does not accept returns in the exercise of consumers’ withdrawal right.

The User will not have the right to withdraw the purchase agreement in the cases foreseen in Spanish consumer applicable regulation, and especially in the following cases:
(i) personalized products made under Users specifications, (ii) for health and hygiene reasons, MERCULES does not accepts returns of underwear. We recommend you read article 103 of the Spanish consumer regulation (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Regulación española para la Defensa de los Consumidores y Usuarios).

The User must bear the cost and accomplishment of the returns made in the exercising of the withdrawal right. In such respect, the User will have to: (i) notify MERCULES its will of withdraw the purchase before the day 14 since delivery, as well as (ii) send the product to the following address calle Santa Teresa 8, 1C, 28004, Madrid (Madrid), within the 14 calendar days after the communication of its will to withdraw the contract.

The User can also exercise its right of withdrawal by directly sending the product to the aforementioned address within the 14 calendar days following to the delivery date.

Once received the product, MERCULES will verify the conditions of the product and make the refund according to the Spanish applicable regulation.

(ii) Refund to the User

In the event of the exercise of the right of withdrawal of the precedent section (i) the User will have the right to the refund of the price of the products returned and of the ordinary delivery expenses corresponding to the cheapest option offered by MERCULES, provided that the products returned were in the same conditions as they were on the delivery, had not been used (apart from the required use in order to verify its suitability), washed, damaged or the requirements of the Law and of these Sale Conditions had not been fulfilled.

MERCULES will not make any refund until the reception of the product, MERCULES will also check the conditions of the product returned, reserving itself the faculty of not making the refund in case MERCULES notices that the acquired an returned products were not the same or that the return has not been done according to the Law and to these Sale Conditions.

The partial return of an order will imply a partial return of the delivery expenses, which will be refund proportionately to the value of the product returned.

MERCULES will managed the refund order of the price and of the delivery costs by means of the same system used by the User to make de acquisition of the products, in a terms of 48 hours since the confirmation of reception of the returned product to the stated address and, in any case, in a term no longer than 14 calendar days since the User communicated its withdrawal, unless MERCULES would not have received within that term the returned product. The application of the refund of the price and of the cost of delivery in the account or in the card of the User, will depend of the card and of the issuing entity.

(iii) Faulty products’ returns

The User will have the right to be refunded with the amount corresponding to the price of the faulty product, the delivery expenses and the cost of de transport, when the delivered product is a faulty product or when it does not correspond with the product ordered by the User.

In this cases, the return of the products to MERCULES can be undertaken as established in section (i) above, or contacting with MERCULES in the email or telephone number available on the WebSite. In the event of a faulty product’s return or of a return of a product that does not correspond with the product requested in the order registered by the User, MERCULES will bear the cost of the transport of the return of the products, provided that the return is made from the same country where the delivery was made.

8. PRODUCTS’ GUARANTEE

The products have the legal guarantee for lack of conformity revealed during the 2 years after the delivery pursuant to what established in the applicable regulation. The User must inform MERCULES of this lack of conformity in the term of 2 months since he had knowledge of the same.

The guarantee offered correspond to the one established in the Royal Legislative Decree 1/2007 of November 16 for the User and Consumer Defence.

The guarantee does not include the deficiencies for negligence, hit, use, undue handling or any use not suitable for its purpose. The products modified and repaired by the User will be excluded from the guarantee.

9. CUSTOM INFORMATION

When the User undertakes an order of products on the WebSite for its delivery in a country outside the European Union, he may be obliged to pay import rights and duties, which will be charged in the moment the package arrives to destiny. Any additional amount due corresponding to the custom dispatch will be bear by the User. MERCULES has no control over these amounts. The custom policies vary significantly from a country to another, therefore, we recommend you contact your corresponding Custom Office. Please remind that when registering an order to MERCULES, formally the Law considers the User an importer and must comply with all the Laws and Regulations applicable in the receiving country. We also want to remind our international Users that the international shipping is subjected to inspection and opening by the Custom Authorities.

10. MERCULES LIABILTY

Without prejudice of what established in the applicable Law and Regulations, the liability of MERCULES in relation with the acquired products through the WebSite will be limited to the price of acquisition of such products.

MERCULES will not assume any liability derived, among others:
a) Form the use that the User could make of the materials of the WebSite, in infringement of the intellectual or industrial property rights of the WebSite or of third parties.
b) Form the eventual damages caused to the Users as a consequence of a normal or abnormal functioning of the search tools, the organization or the location of the contents and/or access to the WebSite and, in general, of the mistakes and problems caused in the development or intrumentalization of the technical elements that the WebSite or the programme gives the User.
c) From the contents of those pages where the Users can access from links included in the WebSite, authorized or not.
d) From the acts or omissions of third parties, regardless these third parties could be contractually linked to MERCULES
e) From the access of minors (under 16) to the material included in the WebSite, being its parents’ or guardians’ responsibility to make an adequate control over the activity of their minors in charge or even install any control tool, in order to avoid the access to the material as well as the sending of personal data without the previous consent of the adult in charge.
f) From mistakes and delays in the access to the WebSite by the User at the time of introducing information in any form the slowness or impossibility of reception by the recipients of the confirmation order or any anomaly that could arise when this events were due to the problems of Internet, unforeseen circumstances or force majeure and any other contingency unforeseeable, outside of MERCULES good’s faith.
g) From defaults or incidences that could be produced in the communication, deletion or incomplete transmission, so that the operability of the WebSite is not constantly guarantee.
h) From the mistakes and damages produced to the WebSite for the User inefficient use or bad faith.
i) From the no operability or problems in the email address provided by the User for the sending of the confirmation order.

MERCULES will obliged itself to sort out the problems that may arise and offer the User all the required help in order to reach a rapid and satisfactory solutions of the incidences of the WebSite.

11. PARTIAL NULITY

In the case that any section of the present Sale Conditions will be declared void and null the rest of the sections will be in force and interpreted considering the will of the parties and the aim of the Sale Conditions.

The no exercising by MERCULES of any right derived from these Sale Conditions does not imply the waiving of such right, unless expressly declared in writing by MERCULES or prescription.

12. AMENDMENT OF THE SALE CONDITIONS

MERCULES can, at any time and without previous notice to the User, amend the layout and structure of the WebSite, as well as the Sale Conditions, the Conditions of Use and the Cookies’ and Privacy Policy. The User will always have these texts available on the WebSite and must read them each time the access to the WebSite.

In any case, the acceptance of the Sale Conditions, in force al any time, will be a previous step required to be able to complete an acquisition of a product on the WebSite, therefore the amendments that MERCULES could introduce, will not be applicable unless the User accept them.

13. APPLICABLE LAW AND JURISDICTION

The present Sale Conditions are governed by the Spanish Law, being the application of the United Nation Convention regarding the international sale of Goods not applicable. Both parties agree to summit themselves to the non-exclusive jurisdiction of the Courts of Madrid (Spain), which means that the User could claim its right as consumer in relation to these Sale Conditions not only in Spain but also in its Member State of residence, provided that the User has the status of “consumer” according to the 1999/44/CE Directive.


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