GENERAL CONDITIONS
1. This document (together with all documents referenced herein) sets out the terms and conditions governing the use of this website and the purchase of products through it (hereinafter, the “Terms”). Please read these Terms, our Cookie Policy, and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, you should not use this website.
These Terms and Conditions may be modified. It is your responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing an order, or if no order is placed, at the time of using the website, will apply to you.
If you have any questions related to the Terms and Conditions or the Data Protection Policies, you can contact us through our contact form.
The contract may be formalized, at your option, in any of the languages in which the Terms and Conditions are available on this website.
2. OUR DATA
The sale of items through this website is carried out under the name ELBAULDEMUS, SL, a Spanish company with registered office in Bilbao, Gran Vía, number 42, registered in the Mercantile Registry of Vizcaya, in Volume 5546, Folio 120, Sheet BI 66322, entry 1 and CIF B-95808648.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The personal information or data you provide to us will be processed in accordance with our Data Protection Policy. By using this website, you consent to the processing of this information and data and declare that all the information or data you provide is truthful and accurate.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
Use this website only to make legally valid inquiries or orders.
Do not place any false or fraudulent orders. If we reasonably believe that an order of this nature has been placed, we are authorized to cancel it and inform the relevant authorities.
Please provide us with your email address, postal address, and/or other contact information truthfully and accurately. You also consent to our use of this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through this website are available for shipment to any territory that the transport services reach.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on “Authorize payment.” After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also notify you by email when the product is being shipped (the “Shipping Confirmation”).
7. PRODUCT AVAILABILITY
All orders are subject to product availability. If there are any difficulties in supplying products, or if items are out of stock or cannot be handcrafted, we will refund any amount you may have paid.
8. DELIVERY
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 7 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you and give you the option of proceeding with the purchase by setting a new delivery date or cancelling the order for a full refund. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms, "delivery" or "delivered" shall be understood to have occurred when you or a third party indicated by you acquires physical possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for redelivery. If you will not be at the delivery address at the agreed time, please contact us to arrange delivery for another day.
If, after 15 days from the date your order is available for delivery, it has not been delivered for reasons beyond our control, we will assume that you wish to withdraw from the contract and will consider it terminated. As a consequence of the contract termination, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than our least expensive standard delivery option), without undue delay and, in any event, no later than 14 days from the date on which we consider the contract terminated. Please note that the return shipping costs resulting from the termination may be additional, and we will be authorized to charge you for these costs.
10. TRANSFER OF RISK AND OWNERSHIP
The risks associated with the products will be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later.
11. PRICE AND PAYMENT
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as explained in our Shopping Guide – Shipping.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will be added to your shopping cart, and the next step will be to process your order and make the payment. To do this, you must follow the steps in the checkout process, filling in or verifying the information requested at each step. Also, during the checkout process, before making the payment, you can modify your order details. A detailed description of the checkout process is available in the Shopping Guide. Furthermore, if you are a registered user, you can view a record of all your orders in the My Account section.
You can use Visa, Mastercard, American Express and PayPal as payment methods.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure sufficient funds are available to complete the transaction. Your card will be charged when your order leaves our warehouse. If you are paying with PayPal, the charge will be processed when we confirm your order.
By clicking “Authorize Payment” you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
12. VALUE ADDED TAX AND INVOICING
In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of goods will be considered to take place within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in that format.
13. RETURN POLICY
13.1 Legal right to withdraw from the purchase
Right of withdrawal: By law, the customer has 14 days to return the product from the date of receipt.
13.2 Returns of defective products
In cases where you believe that the product delivered does not conform to the terms of the contract, you must contact us immediately by email (musula@musula.com) where we will advise you on how to proceed.
You can return the product by handing it over to a courier we will send to your home or by sending it to the address indicated on the ticket you will receive with the product at the time of delivery.
We will carefully examine the returned product and notify you by email within a reasonable timeframe whether a refund or replacement is applicable. The refund or replacement will be processed as soon as possible and, in any case, within 14 days of the date we send you an email confirming that a refund or replacement is due for the non-conforming item.
The full amount paid for any products returned due to a defect or fault, where such a defect or fault actually exists, will be refunded, including the original delivery charges and the return shipping costs. The refund will be issued to the same payment method used for the original purchase.
In any case, the rights recognized by current legislation remain unaffected.
14. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly stated otherwise in these Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.
However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
Loss of income or sales:
Loss of business;
Loss of profits or loss of contracts;
Loss of anticipated savings;
Data loss; and
Loss of management time or office hours
All product descriptions, information, and materials on this website are provided "as is" and without any express or implied warranties, except those legally required. Therefore, if you are contracting as a consumer, we are obligated to deliver goods that conform to the contract and are liable to you for any lack of conformity existing at the time of delivery. Goods are considered to conform to the contract when:
They match the description we have provided and possess the qualities we have presented on this website;
They must be suitable for the uses to which products of the same type are ordinarily put; and,
They should offer the usual quality and performance that can reasonably be expected from a product of the same type.
Because our products are handcrafted, they often exhibit characteristics inherent to the natural materials used in their production. These characteristics, such as variations in grain, texture, knots, and color, should not be considered defects or flaws. On the contrary, their presence should be expected and appreciated. We select only the highest quality products, but these natural characteristics are unavoidable and should be accepted as part of the product's unique appearance.
15. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in the materials or content provided as part of this website belong to us or our licensors at all times. You may only use such material as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. VIRUSES, HACKING AND OTHER CYBERATTACKS
You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs, or any other technologically harmful or damaging material. You must not attempt to gain unauthorized access to this website, the server on which it is hosted, or any server, computer, or database connected with our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in the commission of offenses as defined by applicable law. We will report any such breach to the relevant authorities and cooperate with them to identify the perpetrator. Furthermore, given the open nature of this website and the possibility of errors occurring, failure to comply with this clause will result in your immediate termination of your authorization to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data, or materials as a result of using this website or downloading content from it or from websites to which it redirects.
17. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, these links are provided for informational purposes only, and we have no control over the content of those websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.
18. WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically satisfy the legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. NOTIFICATIONS
Notifications you send us should preferably be sent via our contact form. In accordance with clause 18 above, and unless otherwise stipulated, we may send communications to you either by email or to the postal address you provided when placing an order.
Notifications will be deemed to have been received and properly served at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that notification has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly deposited in the post or a mailbox, and, in the case of an email, that it was sent to the email address specified by the recipient.
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as on our respective successors, assigns and legal representatives.
You may not assign, transfer, encumber or otherwise dispose of a contract or any of your rights or obligations under it without our prior written consent.
We may assign, transfer, encumber, subcontract, or otherwise dispose of a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignment, transfer, encumbrance, or other disposal will not affect your statutory rights as a consumer, nor will it nullify, reduce, or otherwise limit any express or implied warranties we may have given you.
21. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay in the performance of any of the obligations assumed, when it is due to events that are beyond our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, failure to act, omission, or accident beyond our reasonable control, including but not limited to the following:
Strikes, lockouts or other protest measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Our obligations will be suspended for the duration of the Force Majeure Event, and we will be granted an extension of time to perform these obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
22. RESIGNATION
Our failure to require strict compliance by you with any of the obligations assumed by you under a contract or these Terms and Conditions, or our failure to exercise any rights or remedies available to us under such contract or these Terms and Conditions, shall not constitute a waiver or limitation of such rights or remedies, nor shall it relieve you from complying with such obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies arising from a contract or these Terms.
No waiver by us of any of these Terms or of any rights or remedies arising from a contract will be effective unless it is expressly stated to be a waiver and is made in writing and communicated to you in accordance with the Notices section above.
23. PARTIAL NULLITY
If any of these Terms and Conditions or any provision of a contract are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, unaffected by said declaration of nullity.
24. COMPLETE AGREEMENT
These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenants, agreements or promises between you and us, whether oral or written.
You and we acknowledge that we have entered into this contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two of us prior to this contract, except as expressly stated in these Terms and Conditions.
Neither you nor we will have any recourse against any inaccurate statement made by the other party, whether oral or written, prior to the date of a contract (unless such inaccurate statement was made fraudulently) and the only recourse available to the other party will be for breach of contract in accordance with these Terms and Conditions.
25. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Terms in force at the time you use this website or place each order, unless we are required by law or governmental decision to make retroactive changes to those policies, Terms or Privacy Statement, in which case, any changes will also affect orders you have previously placed.
26. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website will be governed by Spanish law.
Any dispute arising out of or relating to the use of the website or to these contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation grants you as such.
