GENERAL TERMS AND CONDITIONS OF PURCHASE

This contractual document shall govern the purchase of goods or products through the website mrwonderful.com, owned by MR. WONDERFUL COMUNICATION S.L., hereinafter referred to as the PROVIDER, which offers the sale of stationery and decoration products. The Provider’s contact details are also set out in the Legal Notice of this Website.

These Terms and Conditions shall remain published on the website and available to the USER so that they may be reproduced and saved as confirmation of the contract, and they may be modified at any time by the PROVIDER. It is the USER’s responsibility to review them periodically, as those in force at the time an order is placed shall be applicable.

Contracts shall not be subject to any formal requirements except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• Has read, understood, and fully comprehends the contents hereof.
  
• By placing an order through this website, declares that they are over 18 years of age and have the legal capacity to enter into contracts.
  
• Assumes all obligations set forth herein.
  

These Terms and Conditions shall remain valid for an indefinite period and shall apply to all contracts entered into through the PROVIDER’s website.

The PROVIDER informs that the business operates responsibly and is aware of the current legislation of the countries to which it ships its products, and reserves the right to unilaterally modify these conditions, without such modifications affecting goods or promotions acquired prior to the change.

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the supplier of the goods or products contracted by the USER is MR. WONDERFUL COMUNICATION S.L., with registered office at Carrer Comte Borrell 235, Bj 2, 08029, Barcelona (Barcelona), Tax ID No. B65773400.

On the other hand, the USER, identified and/or registered on the website by means of a username and password, for which they have full responsibility for use and safekeeping, and who is responsible for the accuracy of the personal data provided to the PROVIDER.

PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the contractual purchase and sale relationship arising between the PROVIDER and the USER at the moment the USER accepts, during the online contracting process, the corresponding checkbox.

The contractual purchase and sale relationship entails the delivery of a specific product in exchange for a determined price, which is publicly displayed on the website.

The languages in which contracts may be entered into through this Website are Spanish, Italian, English, French, and Portuguese.

CONTRACTING PROCEDURE

In order to access the goods or products offered by the PROVIDER, the USER must be of legal age and must identify themselves or register on the website by creating a user account. To this end, the USER must freely and voluntarily provide the personal data required, which shall be processed in accordance with the applicable personal data protection regulations, namely Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.

In the event of creating an account, the USER shall choose a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft thereof or of any possible access by an unauthorized third party, so that the PROVIDER may immediately block access.

The PROVIDER informs that during the purchase process the USER must identify themselves using their username and password. The USER shall have access to their orders, invoices, order tracking, and the modification of their personal data. These passwords shall serve for access to the services provided through the Website.

The PROVIDER makes technical means available to USERS to identify and correct errors in the entry of data in forms. In the shopping cart and forms in general, the correct format of the data shall be automatically validated, and the USER shall be given the option to correct any errors.

We hereby inform you that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the steps set out below:

• General contracting clauses
  
• Order dispatch
  
• Product availability
  
• Right of withdrawal and withdrawal policy
  
• Returns and returns policy
  
• Complaints and online dispute resolution
  
• Force majeure
  
• Jurisdiction
  
• General terms of the offer
  
• Price and validity period of the offer
  
• Shipping costs
  
• Payment method, fees, and discounts
  
• Purchase process
  
• Applicable guarantees
  
• Severability and suspension or termination of the contract
  
• Applicable law and jurisdiction
  

1. GENERAL CONTRACTING CLAUSES

Unless otherwise expressly agreed in writing, the placing of an order with the PROVIDER shall imply acceptance by the USER of these legal terms, specifically through the selection of the acceptance checkbox. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

To place an order, the USER must follow the online purchasing procedure and click to accept the GENERAL TERMS AND CONDITIONS OF PURCHASE and the section “ORDER WITH OBLIGATION TO PAY.”

2. ORDER DISPATCH

Goods shall normally be shipped by courier service, according to the destination freely designated by the USER.

Shipping costs include Value Added Tax (VAT) in all cases, but do not include any other taxes, duties, tariffs, or surcharges.

“Shipping” shall be understood as the delivery of items to the USER’s address or to the address specified by the USER during the order process, or alternatively, to Mr. WONDERFUL’s own stores (excluding authorized retailers such as El Corte Inglés, FNAC, etc.).

MR. WONDERFUL delivers orders to the courier service within a maximum period of 72 business hours.

Shipments to mainland Spain take between 3 and 10 business days (Monday to Friday) once payment has been confirmed by the USER. For international shipments, delivery may take between 5 and 10 business days (Monday to Friday), depending on the destination and the selected carrier. Once the package has been handed over to the courier service, the USER shall receive an SMS or email with the shipment tracking number.

Delivery dates or timeframes shall be considered approximate. During periods of high order volume, these timeframes may be affected. If, for any reason, we are unable to meet the delivery date, the USER shall be informed and given the option to proceed with the purchase by setting a new delivery date, or to cancel the order with a full refund of the amount paid, provided that the purchased product has not left the warehouse and is not out for delivery.

The PROVIDER shall not assume any liability when the delivery of the goods or products cannot be completed due to false, inaccurate, or incomplete information provided by the USER. In such cases, the PROVIDER shall refund the price of the products but not the corresponding shipping costs.

Delivery shall be deemed completed at the time the carrier makes the products available to the USER and the USER, or a person authorized by them, signs the delivery receipt.

If the USER receives the package in poor condition, the receipt must be signed with a “reservation,” indicating any damage to the packaging.

It is the USER’s responsibility to check the products upon receipt and to record any justified reservations or claims on the delivery receipt.

Where the contract does not involve the physical delivery of any product and the items are directly downloaded from the website (for example, gift cards), the PROVIDER shall inform the USER in advance of the procedure to be followed to carry out the download.

The USER may not cancel an order once it has been confirmed.

3. PRODUCT AVAILABILITY AND CONDITIONS

All orders are subject to product availability. If supply difficulties arise or items are out of stock, any amount paid by the USER shall be refunded.

All our products are manufactured and inspected with the utmost care. However, due to the nature of the materials used (mainly plastics or similar compounds) and the printing and finishing processes applied, minor imperfections or aesthetic details inherent to the production process may occur.

These may include, but are not limited to:

• 
  Slight variations or differences in color tone
  
• 
  Printing lines or superficial marks inherent to the manufacturing process
  
• 
  Minor scratches, dots, or minimal surface irregularities
  

These imperfections are purely aesthetic and do not affect the functionality, durability, or proper use of the product in any way.

Applicable policy in such cases

Full returns are not accepted when the reason for the claim is exclusively due to this type of minor aesthetic imperfection.

Customer service will assess the imperfections to determine whether they are due to transport or manufacturing and will offer one of the following two options:

• 
  A partial refund of 10% of the amount paid for the product
  
• 
  The issuance of a coupon or discount code for future purchases in our online store
  

Request procedure

In order to assess the situation and, where applicable, offer one of the above alternatives, the customer must:

• 
  Notify the issue at shop@mrwonderful.com within a maximum period of 3 calendar days from receipt of the order
  
• 
  Provide clear and detailed photographs showing the alleged aesthetic defect
  

Once the information has been received, our team will assess the claim and inform the customer of the decision taken.

4. RIGHT OF WITHDRAWAL AND WITHDRAWAL POLICY

The USER has a period of fourteen (14) calendar days, starting from the date of receipt of the product purchased from our online store, to exercise the right of withdrawal and cancel the contract entered into between the parties (Article 71 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws).

To exercise the right of withdrawal, the USER must notify MR. WONDERFUL by postal mail at Carrer Comte Borrell 235, Bj 2, 08029, Barcelona (Barcelona), or by email at shop@mrwonderful.com.

In all cases, return shipping costs shall be borne by the USER if the product is in perfect condition and the return is made simply because the USER no longer wishes to keep it. The USER shall be responsible for sending the product to the return address provided when initiating the return process. The company shall NOT collect returned products.

Pursuant to Recital 47 of Directive 2011/83/EU, if the USER exercises the right of withdrawal after having used the goods beyond what is strictly necessary to determine their nature, characteristics, or functioning, the USER shall be liable for any depreciation in value.

To determine the nature, characteristics, or functioning of the goods, the USER may only handle and inspect them in the same manner as would be permitted in a physical retail store. During the trial period, the consumer must therefore handle and inspect the goods with due care.

According to Article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply to contracts relating to:

a) Fully performed services, where performance has begun with the consumer’s prior express consent and acknowledgment that they will lose their right of withdrawal once the contract has been fully performed.

b) Goods or services whose price depends on financial market fluctuations beyond the trader’s control.

c) Goods made to the consumer’s specifications or clearly personalized.

d) Goods that may deteriorate or expire rapidly.

e) Sealed goods not suitable for return for health or hygiene reasons once unsealed.

f) Goods which, after delivery, have been inseparably mixed with other goods.

g) Alcoholic beverages whose price was agreed at the time of sale and whose delivery cannot take place within 30 days, and whose value depends on market fluctuations.

h) Urgent repair or maintenance services expressly requested by the consumer.

i) Sealed audio or video recordings or sealed software unsealed by the consumer after delivery.

j) Newspapers, periodicals, or magazines, except for subscription contracts.

k) Contracts concluded by public auction.

l) Accommodation services for purposes other than housing, transport of goods, vehicle rental, catering, or leisure services with a specific execution date or period.

m) Digital content not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal.

INABILITY OF THE USER TO RETURN THE PERFORMANCE

According to Article 75 of Royal Legislative Decree 1/2007, the impossibility of returning the contractual performance due to loss, destruction, or other causes shall not deprive the consumer of the right of withdrawal. Where such impossibility is attributable to the USER, the USER shall be liable for the market value of the performance at the time the right of withdrawal is exercised, unless such value exceeds the purchase price, in which case the USER shall be liable only for the purchase price.

Where the trader has failed to comply with the duty to inform and document the right of withdrawal, the impossibility of return shall only be attributable to the consumer if the consumer failed to exercise due diligence in their own affairs.

WITHDRAWAL REQUEST FORM

To exercise the right of withdrawal, the USER must complete the form made available: Withdrawal Request Form (consumer/user) and send it by email to the PROVIDER at the following address: lopd@mrwonderful.es.

This is NOT a customer service email address, and any messages sent for that purpose shall be automatically disregarded.

REFUND OF AMOUNTS PAID BY THE USER

When the USER has exercised the right of withdrawal, the PROVIDER shall refund all amounts paid by the consumer without withholding any expenses. The refund shall be made without undue delay and, in any case, no later than fourteen (14) calendar days from the date on which the PROVIDER was informed of the consumer’s decision to withdraw from the contract.

In any event, the refund may be withheld until the goods or products have been physically received, or until sufficient proof of their return has been provided.

The burden of proof regarding compliance with the deadline shall rest with the PROVIDER.

5. RETURNS AND RETURNS POLICY

The USER has the same rights and deadlines to carry out returns and/or to claim any possible defects or faults in the product, both for registered USERS and non-registered USERS.

The USER has a period of fourteen (14) calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of 27 March).

Returns of products presenting defects that affect their functionality shall be covered by Mr. Wonderful, who will inform the customer how to prepare the product for return and the procedure for its collection and inspection, in order to verify the reported damage or defect. In all cases, the product must be returned in its original packaging and in perfect condition.

MR. WONDERFUL shall process the refund using the same payment method used by the USER for the initial transaction.

In cases where the USER wishes to return products voluntarily, that is, where no defects or irregularities have been detected, the price of the product shall be refunded.

In all cases, return shipping costs shall be borne by the USER, who must send the items at their own expense to the address indicated by the customer service department, using a shipment with a tracking number. If the return shipment is sent without a tracking method, Mr. Wonderful shall not be responsible for issuing the refund. The USER shall be responsible for sending the product to the return address notified by email and for contracting a courier service that allows delivery to the return address and provides shipment tracking.

Upon receipt of the return at the warehouse, the product shall be inspected to determine its condition and whether it has been returned in accordance with the conditions requested at the time the return was notified.

Returns shall not be accepted in the following cases:

• 
  If the product is not in perfect condition.
  
• 
  If the product packaging is not original or is not in perfect condition. The original packaging must adequately protect the product so that it is received in perfect condition. The use of seals or adhesive tape directly on the original packaging is prohibited.
  
• 
  If the product has been opened and it cannot be proven that it has not been used.
  
• 
  In the case of personalized products and/or “personalized kits”, or products which, for hygiene reasons or other legally established exceptions, are not subject to the right of withdrawal or return.
  

Returns cannot be made in physical stores if the purchase was made through the online store.

6. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint the USER deems appropriate shall be handled as quickly as possible and may be submitted through the following contact details:

Postal address:

MR. WONDERFUL COMUNICATION S.L.

Carrer Comte Borrell 235, Bj 2,

08029, Barcelona (Barcelona), Spain

Customer service hours and contact:

• 
  ES: Monday to Friday, 9:00 a.m. to 5:00 p.m. – shop@mrwonderful.com
  
• 
  PT: Monday to Friday, 8:00 a.m. to 2:00 p.m. (Portugal mainland time) – shop@mrwonderful.com
  
• 
  FR: Monday to Friday, 9:00 a.m. to 3:00 p.m. – shop@mrwonderful.com
  
• 
  IT: Monday to Friday, 9:00 a.m. to 3:00 p.m. – shop@mrwonderful.com
  
• 
  EN: Monday to Friday, 9:00 a.m. to 3:00 p.m. (Spain time zone) – shop@mrwonderful.com
  

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party known as an Alternative Dispute Resolution (ADR) body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to seek an agreement and may ultimately propose and/or impose a solution to the dispute.

Link to the ODR platform:

http://ec.europa.eu/consumers/odr/

7. FORCE MAJEURE

The parties shall not be held liable for any failure due to force majeure. Performance of the obligation shall be suspended until the force majeure event has ceased.

If, due to circumstances of force majeure, a product is unavailable after the purchase has been made, MR. WONDERFUL shall inform the USER by email of the total or partial cancellation of the order. Partial cancellation of an order shall not entitle the USER to cancel the entire order, without prejudice to the USER’s right of withdrawal in accordance with these Terms and Conditions.

MR. WONDERFUL shall not be liable for delays in the delivery of orders or for the inability to fulfill them when the cause is due to force majeure events beyond our control. These include, but are not limited to: accidents; strikes; riots; terrorist threats or attacks; fire or explosion; adverse weather conditions or natural disasters such as storms, floods, earthquakes, subsidence, or epidemics; and disruptions beyond our control in transport or telecommunications systems.

Where possible, once the cause of impossibility or delay has ended, MR. WONDERFUL shall make every reasonable effort to resume its commercial activities and fulfill its obligations and deliveries.

8. ASSIGNMENT AND SEVERABILITY

The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted under the sale.

If any provision of these conditions is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way.

The USER declares having read, understood, and accepted these General Terms and Conditions in their entirety.

9. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be subject to these General Terms and Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of MR. WONDERFUL COMUNICATION S.L. or to the provisions set out herein shall be effective unless expressly agreed in writing and signed by the PROVIDER, in which case such specific agreements shall prevail.

Due to continuous technical advances and product improvements, the PROVIDER reserves the right to modify product specifications in relation to the information provided in its advertising, provided that such modifications do not affect the value of the products offered. These modifications shall also apply if, for any reason, the availability of the offered products is affected.

10. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any other additional or ancillary services related to the purchased product.

The applicable prices for each product are those published on the website and shall be expressed in euros (EUR). The USER acknowledges that the economic valuation of some products may vary in real time.

Prior to making a purchase, the USER may review all quotation details online, including items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed. Products shall be sold at the price indicated at the time the order is confirmed by the USER.

Once the order has been placed, prices shall remain unchanged regardless of product availability.

Any payment made to the PROVIDER shall result in the issuance of a delivery note. If the USER requires an invoice issued in their name, this must be requested at the time the order is placed. The invoice shall be sent together with the purchased product and also in PDF format to the email address provided by the USER.

11. SHIPPING COSTS

Prices do not include shipping costs (free for Spain on orders over €30), communication costs, installation, or complementary services, unless expressly agreed otherwise in writing.

Shipping costs shall be calculated when saving the shopping cart or quotation, as they depend on the weight of the products and the delivery address.

Shipping rates

• 
  Mainland Spain: €4.95. Orders over €30 qualify for FREE shipping.
  
• 
  Balearic Islands: €4.95. Orders over €35 qualify for FREE shipping.
  
• 
  International shipments: Shipping costs start at €5.95. Orders over €49.95 qualify for FREE shipping to France and Italy.
  
  Shipments to Germany, Belgium, and the Netherlands cost €7.95, with FREE shipping on orders over €60.
  

Shipments are made to EU member states, excluding Malta, Cyprus, Andorra, the Canary Islands, Ceuta, Melilla, the Azores, and French overseas territories.

12. PAYMENT METHODS, FEES, AND DISCOUNTS

PAYPAL

The USER will be redirected to PayPal’s website to use its secure payment platform. Once payment is completed, the USER will be redirected back to the MR. WONDERFUL website.

On PayPal, payment may be made using a PayPal account or a credit card. Cash on delivery is not accepted through PayPal.

PayPal may temporarily retain an amount as a security deposit when attempting to make a purchase with a card on its platform. The charge of this amount does not guarantee that the purchase has been completed.

ADYEN

The USER will be redirected to Adyen’s website to use its secure payment platform. Once payment is completed, the USER will be redirected back to the MR. WONDERFUL website.

On Adyen, the USER may choose their preferred payment method, including credit card payment. Cash on delivery is not accepted through Adyen.

Adyen may temporarily retain an amount as a security deposit when attempting to make a purchase with a card. The charge of this amount does not guarantee that the purchase has been completed.

Security Measures and Secure Payment

The PROVIDER undertakes not to allow any transaction that is illegal or considered illegal by credit card brands or the acquiring bank, or that may damage their goodwill or negatively affect them.

The sale or offering of products or services that do not comply with all applicable laws relating to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited under card brand programs.

Regarding security, the website uses security techniques such as firewalls, access control procedures, and cryptographic mechanisms to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the PROVIDER may obtain data for authentication and access control purposes.

Credit card data is not stored in any database but is transmitted directly to the bank’s POS (Point of Sale) terminal.

Furthermore, to provide enhanced security to credit card holders, the secure payment system known as CES (Secure Electronic Commerce) has been implemented in our payment gateway.

Your card or account details and password are protected by this security system through SSL (Secure Socket Layer) encryption with an HTTPS connection from the moment the data is entered and are never transmitted to our company. This can be identified by the padlock icon in the browser’s address bar and the use of “https” instead of “http”, where the additional “s” stands for “secure”. With SSL, all information exchanged between our website and you is encrypted and unreadable to third parties.

DISCOUNTS

Discounts are not cumulative. When a coupon is applied, all other promotions in the shopping cart are automatically deactivated.

Free products may be removed from the order if the promotional conditions are not met, even if they appear during checkout or in the purchase confirmation email.

13. PURCHASE PROCESS

Any product from our catalog may be added to the shopping cart. Shopping carts have no administrative binding effect and merely serve as a tool to simulate a quotation, without any obligation for either party.

To proceed with the purchase, the USER—who must be at least eighteen (18) years old—must select the desired product and add it to the cart. Once the product selection has been completed, the USER must click the “Place Order” icon. The selected products will then be displayed, and the USER must choose among the available shipping options (delivery to the specified address or “in-store pickup”) and the preferred payment method. Finally, the USER must accept the legal terms and click the “Complete Order” button.

The data provided to MR. WONDERFUL through the relevant form are identifying and enabling elements for accessing and completing purchases and are personal and non-transferable.

Once the order has been processed, the system will automatically send an email to the PROVIDER’s management department and another email to the USER confirming that the order has been placed, its status, and the estimated shipping and/or delivery date.

14. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise stated in their description. All products are covered by a two-year warranty, in accordance with the criteria and conditions set forth in Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary legislation.

I. Conformity of products with the contract (Article 116)

Unless proven otherwise, products shall be deemed to be in conformity with the contract provided that they meet all the following requirements, unless one or more of them are not applicable due to the circumstances of the case:

• 
  They conform to the description provided by MR. WONDERFUL COMUNICATION S.L.
  
• 
  They are suitable for the uses for which products of the same type are normally intended.
  
• 
  They are suitable for any specific use required by the customer that was made known to MR. WONDERFUL COMUNICATION S.L. at the time the contract was concluded, provided that MR. WONDERFUL COMUNICATION S.L. accepted that the product was suitable for such use.
  
• 
  They present the quality and performance normally expected of a product of the same type, taking into account its nature and, where applicable, the descriptions of the specific characteristics provided by MR. WONDERFUL COMUNICATION S.L.
  

MR. WONDERFUL COMUNICATION S.L. describes product details, technical characteristics, and photographs as provided by the manufacturer and shall therefore not be bound by such public statements.

Lack of conformity resulting from incorrect installation shall be treated as lack of conformity of the product where installation is included in the sales contract and was carried out by MR. WONDERFUL COMUNICATION S.L. or under its responsibility, or by the USER when defective installation is due to errors in the installation instructions.

No liability shall arise for lack of conformity known to the USER or which the USER could not reasonably have been unaware of at the time the contract was concluded, or where such lack of conformity originates from materials supplied by the USER.

II. Liability of the PROVIDER and consumer rights (Article 118)

MR. WONDERFUL COMUNICATION S.L. shall be liable to the USER for any lack of conformity existing at the time of delivery. MR. WONDERFUL COMUNICATION S.L. acknowledges the USER’s right to product repair, replacement, price reduction, or termination of the contract.

III. Incompatibility of actions (Article 117)

The exercise of the remedies described above shall be incompatible with actions arising from warranty claims for hidden defects under the sales contract.

In all cases, the consumer shall be entitled, in accordance with civil and commercial law, to compensation for damages resulting from lack of conformity.

IV. Repair and replacement of products (Article 119)

If the product is not in conformity with the contract, the USER may choose between repair or replacement, unless one of these options is impossible or disproportionate. Once the USER has communicated the chosen option to MR. WONDERFUL COMUNICATION S.L., both parties shall be bound by that choice, without prejudice to the provisions below where repair or replacement fails to bring the product into conformity.

A remedy shall be considered disproportionate where it imposes unreasonable costs on MR. WONDERFUL COMUNICATION S.L. compared to the alternative remedy, taking into account the value the product would have had if in conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience to the USER.

V. Rules governing repair and replacement (Article 120)

Repair and replacement shall comply with the following rules:

• 
  They shall be free of charge for the USER, including shipping costs, labor, and materials.
  
• 
  They shall be carried out within a reasonable time and without significant inconvenience to the USER, taking into account the nature of the product and its intended purpose.
  

Repair shall suspend the limitation periods referred to in Article 123 from the moment the USER makes the product available to MR. WONDERFUL COMUNICATION S.L. until the repaired product is returned. For six months following delivery of the repaired product, MR. WONDERFUL COMUNICATION S.L. shall be liable for the same lack of conformity that led to the repair.

Replacement shall suspend the limitation periods from the moment the option is exercised until delivery of the replacement product. Article 123.1, second paragraph, shall apply to the replacement product.

If, after repair, the product remains non-conforming, the USER may request replacement, a price reduction, or termination of the contract.

If replacement fails to bring the product into conformity, the USER may request repair, a price reduction, or termination of the contract.

Replacement shall not be available for non-fungible goods or second-hand products.

VI. Price reduction and termination of the contract (Article 121)

The USER may request a price reduction or termination of the contract when repair or replacement is not possible or has not been carried out within a reasonable time or without significant inconvenience. Termination shall not apply where the lack of conformity is minor.

VII. Criteria for price reduction (Article 122)

The price reduction shall be proportional to the difference between the value the product would have had if in conformity at the time of delivery and the value of the product actually delivered.

VIII. Time limits (Article 123)

MR. WONDERFUL COMUNICATION S.L. shall be liable for lack of conformity appearing within three years from delivery. For second-hand products, a shorter period may be agreed, not less than one year.

Unless proven otherwise, any lack of conformity appearing within six months of delivery shall be presumed to have existed at the time of delivery.

Delivery shall be deemed to have taken place on the date shown on the invoice, purchase receipt, or delivery note, if later.

MR. WONDERFUL COMUNICATION S.L. must provide documentary proof of delivery and the lack of conformity giving rise to repair or replacement, as well as documentation upon return of the repaired or replaced product.

Actions to enforce these rights shall expire three years from delivery.

The USER must notify MR. WONDERFUL COMUNICATION S.L. of any lack of conformity within two months of becoming aware of it. Failure to do so shall not result in the loss of warranty rights, although the USER shall be liable for damages caused by the delay.

IX. Action against the producer (Article 124)

Where it is impossible or excessively burdensome for the USER to contact MR. WONDERFUL COMUNICATION S.L., the USER may pursue claims directly against the producer to obtain repair or replacement.

The producer—defined as the manufacturer, importer into the EU, or any party presenting itself as such—shall be liable under the same terms and time limits for lack of conformity related to the origin, identity, or suitability of the product.

Any party that has responded to the USER may seek recourse against the responsible party within one year from completion of the remedy.

15. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any provision of these terms is deemed illegal, null, or unenforceable, it shall be considered severable and shall not affect the validity or enforceability of the remaining provisions.

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 failure to comply with these terms or applicable laws.

The exercise of any right under this clause shall not affect the exercise of any other right or remedy available to the USER.

16. APPLICABLE LAW AND JURISDICTION

These terms shall be governed by and construed in accordance with Spanish law, where not expressly provided otherwise.

In accordance with Articles 50–52 of Law 1/2000 of 7 January (Civil Procedure Act) and Article 18.1 of Regulation (EU) 1215/2012, actions brought by the USER against the PROVIDER may be submitted to the courts of the PROVIDER’s domicile or, at the USER’s choice, the courts of the USER’s domicile.

If the USER is domiciled outside Spain, both parties expressly waive any other jurisdiction and submit to the Online Dispute Resolution body acting as intermediary pursuant to Article 14.1 of Regulation (EU) 524/2013, without recourse to the courts. For further information, see Clause 6. COMPLAINTS AND ONLINE DISPUTE RESOLUTION of these Terms and Conditions.