Updated: January 2024
GENERAL PURCHASE CONDITIONS
This contractual document will govern the purchase of goods or products through the website mrwonderful.com, owned by MR.WONDERFUL COMUNICATION S.L., hereinafter the PROVIDER, which offers stationery and decoration products for sale. Contact information for these conditions is also included in the Legal Notice of this website.
These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract. They may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will apply.
Contracts will not be subject to any formality, except for those cases expressly stated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understands, and comprehends the provisions set forth herein.
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.
You accept all obligations set forth herein.
These terms and conditions will be valid indefinitely and apply to all purchases made through the PROVIDER's website.
The PROVIDER informs you that the merchant is responsible for and aware of the current legislation of the countries to which it ships products. The PROVIDER reserves the right to unilaterally modify the terms and conditions, without affecting goods or promotions purchased prior to the modification.
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, and customer service telephone number: 93 180 26 72.
On the other hand, the USER is identified and/or registered on the website using a username and password, for which they are fully responsible for their use and safekeeping, and 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 sales relationship between the PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online contracting process.
The contractual relationship of sale entails the delivery of a specific product, in exchange for a price determined and publicly displayed on the website.
The languages in which contracts will be made 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 identify themselves or register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested. These data will be processed in accordance with the provisions of current personal data protection regulations, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and LOPDGDD 3/2018 of December 5, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, as detailed in the Legal Notice and Privacy Policy of this website.
When creating an account, the USER will select a username and password, agreeing to use them diligently and not make them available to third parties. They will also inform the PROVIDER of any loss or theft of such data, or of possible unauthorized access by a third party, so that the PROVIDER can immediately block them.
The PROVIDER informs you that you will be required to identify yourself with your username and password during the purchasing process. The user will have access to their orders, invoices, order tracking, and data modification. These passwords will be used to access the services provided through the Website.
The PROVIDER provides Users with technical means to identify and correct errors when entering data into forms. In the shopping cart and forms in general, the correct format of the data will be automatically validated, and the user will be given the option to correct them.
We 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 will follow the following steps:
1. General contracting clauses.
2. Order shipping.
3. Product availability.
4. Withdrawal and Withdrawal Policy.
5.Returns and Return Policy.
6. Claims and online dispute resolution.
7.Force majeure.
8.Competition.
9.General information about the offer.
10.Price and validity period of the offer.
11.Shipping costs.
12.Payment method, fees, and discounts.
13.Purchase process.
14.Applicable guarantees.
15.Termination and suspension or cancellation of the contract.
16.Applicable law and jurisdiction.
1. GENERAL CONTRACTING TERMS
Unless specifically stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions, specifically by checking the acceptance box. 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, you must follow the online purchasing procedure and click on the acceptance of the GENERAL PURCHASE CONDITIONS AND IN THE "ORDER WITH PAYMENT OBLIGATION" SECTION.
2. ORDER SHIPPING
Merchandise shipments will usually be made via courier service, depending on the destination freely designated by the USER.
Shipping costs always include Value Added Tax (VAT), but no other taxes, fees, duties, or surcharges.
Shipping is understood to mean the delivery of the items to the USER's home or to the address specified by the USER during the ordering process. Alternatively, items may be delivered to Mr. WONDERFUL stores (excluding authorized retailers such as El Corte Inglés, FNAC, etc.).
MR. WONDERFUL delivers orders to the courier service within a maximum of 72 business hours.
Shipping to mainland Spain takes 4 to 10 business days (Monday to Friday) once payment has been confirmed by the USER. For international shipments, delivery times can range from 5 to 10 business days (Monday to Friday), depending on the destination and the shipping company indicated. Once the package is handed over to the courier, the USER will receive an SMS or email with the tracking number.
Delivery dates or times are approximate. During periods of high order volume, these times may be affected. If for any reason we are unable to meet the delivery date, the USER will be informed of this circumstance and given the option to continue with the purchase by setting a new delivery date, or cancel the order with a full refund of the price paid, provided the purchased product has not left the warehouse and is not being delivered.
The PROVIDER will not assume any liability if the delivery of the goods or products is not made due to false, inaccurate, or incomplete information provided by the USER. In these cases, the PROVIDER will refund the price of the products, but not the corresponding shipping costs.
Delivery will be considered complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.
In the event that the USER receives the package in poor condition, the receipt must be signed, but with a "reserved" note, indicating any damage to the packaging, etc.
It is the USER's responsibility to verify the products upon receipt and state any reservations and claims that may be justified on the delivery receipt.
In the event that the contract does not entail the physical delivery of any products, but rather the products are downloaded directly from the website, the PROVIDER will inform the USER in advance of the procedure to follow for this download, for example, in cases where they have purchased gift cards.
The user cannot cancel an order once it has been confirmed.
3. PRODUCT AVAILABILITY
All orders are subject to product availability. If there are difficulties with product supply or if items are out of stock, we will refund any amount you may have paid.
4. WITHDRAWAL AND CANCELLATION POLICY
The USER has a period of fourteen calendar days, counted from the date of receipt of the product purchased in our online store, to exercise the right of withdrawal and terminate the contract entered into between the parties (Article 71 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).
If the USER wishes to exercise their right of withdrawal, they must notify MR. WONDERFUL by mail at Plaza Cataluña 21, 4th floor, 08002, Barcelona, by phone at +34 93 173 00 06, or by email at shop@mrwonderful.com.
In any case, the return shipping costs for the product will be borne by the USER, except for withdrawals based on lack of conformity.The user will be responsible for sending the product to the return address notified when initiating this process. The company will NOT collect products in the case of voluntary returns.
It is important to note that, according to Recital 47 of Directive 2011/83/EU, if the user wishes to exercise the right of withdrawal after having used the goods more than strictly necessary to determine their nature, characteristics, or functioning, they will be responsible for any depreciation thereof.
It is understood that to determine the nature, characteristics, or functioning of the purchased goods, the user may and must only perform the same handling and inspection of the goods as would be permitted in a physical establishment. Therefore, during the trial period, the consumer must handle and inspect the goods with due care.
According to Art. Pursuant to Article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply to contracts relating to:
a) The provision of services, once the service has been fully performed, once performance has begun, with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by the entrepreneur, they will have lost their right of withdrawal.
b) The supply of goods or the provision of services whose price depends on financial market fluctuations beyond the entrepreneur's control and which may occur during the withdrawal period.
c) The supply of goods made according to the consumer's or user's specifications or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are unsuitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
f) The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price was agreed upon at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
h) Contracts in which the consumer or user has specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides additional services beyond those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to such additional services or goods.
i) The supply of sealed sound or video recordings or sealed computer software that have been unsealed by the consumer or user after delivery.
j) The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food, or services related to recreational activities, if the contracts provide for a specific date or period of performance.
m) The provision of digital content that is not provided on a physical medium when performance has begun with the prior express consent of the consumer and user, with the knowledge that they consequently lose their right of withdrawal.
INABILITY OF THE USER TO RETURN THE SERVICE
According to Article 75 of Royal Legislative Decree 1/2007, the inability of the consumer and user to return the service covered by the contract due to loss, destruction, or any other cause will not deprive them of the right to withdraw. In these cases, when the impossibility of return is attributable to the consumer, the user will be liable for the market value of the service at the time of exercising the right of withdrawal, unless said value is higher than the purchase price, in which case the consumer will be liable for the latter.
When the business has breached the obligation to provide information and documentation regarding the right of withdrawal, the impossibility of return will only be attributable to the consumer and user when they have failed to exercise the due diligence required in their own affairs.
WITHOUT REQUEST FORM
To exercise their right of withdrawal, the USER must complete the form we provide: WITHDRAWAL Request Form (consumer/user) and send it by email to the PROVIDER at the following address: lopd@mrwonderful.es.
REFUND OF AMOUNTS RECEIVED BY THE PROVIDER
When the USER has exercised their right of withdrawal, the PROVIDER will be obliged to return the amounts paid by the consumer and user without withholding any expenses. The refund of these amounts must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which they were informed of the consumer's decision to withdraw from the contract. In any case, the refund of amounts received may be withheld until the goods or products have been physically received, or until sufficient evidence of their return has been provided.
The burden of proof of compliance with the deadline rests with the PROVIDER.
5. RETURNS AND RETURN POLICY
The USER has the same rights and deadlines to return and/or file claims for any defects or flaws in the product, both for registered and unregistered USERS.
The USER has a period of fifteen (15) calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27). Returns of products that present defects that affect the product's functionality will be covered by Mr. Wonderful, who will inform the customer how to prepare the product for its return and the process for receiving it for inspection, corroborating the damage or defect mentioned. In any case, the product must be returned in its original packaging and in perfect condition.
MR. WONDERFUL will proceed with the refund using the same payment method used by the USER for the initial transaction.
In cases where the USER wishes to return the products voluntarily, that is, without any defects or irregularities having been detected, the price of the product will be refunded.
In any case, the return shipping costs of the product will be borne by the USER.
The user will be responsible for shipping the product. The product must be sent to the return address notified via email. The user must arrange for courier delivery to be delivered to the return address and tracked.
Upon receipt of the return at the warehouse, a review will be conducted to determine the condition of the product and whether it has been returned in the conditions requested when notifying the return.
Returns will not be processed in the following cases:
If the product is not presented in perfect condition.
If the product packaging is not the original one or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tape applied directly to the product is prohibited.
When the product is opened without proof of unused status.
When the products are personalized products and/or "custom kits," or those that, for reasons of hygiene or other legally established exceptions, are not eligible for the right of withdrawal or return.
*These cannot be returned. Returns may be made in a physical store if the purchase was made online.
6. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER deems appropriate will be addressed as quickly as possible and can be submitted to the following contact addresses:
Postal: MR. WONDERFUL COMUNICATION S.L., Plaza Cataluña 21, 4th floor, 08002, Barcelona (Barcelona)
ES
Monday to Friday 9:00 a.m. to 5:00 p.m. shop@mrwonderful.com
PT
From 2:00 a.m. to 6:00 p.m. (Continental Portugal Time) shop@mrwonderful.com
FR
Monday to Friday 9:00 a.m. to 3:00 p.m. shop@mrwonderful.com
IT
Monday to Friday from 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
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, without resorting to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest 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 liable for any failure due to force majeure. Fulfillment of the obligation will be delayed until the force majeure event ceases.
In the event that, due to circumstances of force majeure, a product is unavailable after the purchase has been made, MR. WONDERFUL will inform the User by email of the total or, where applicable, partial cancellation of the order. Partial cancellation of the order does not entitle the User to cancel the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these Terms and Conditions. MR. WONDERFUL is not responsible for delays in delivery of orders, or for the impossibility of fulfilling them when the cause is due to force majeure and, therefore, beyond our control. Among other causes, we understand that force majeure exists in the following cases, but is not limited to: accidents; strikes; riots; terrorist threats or attacks; fire or explosion; meteorological causes or natural disasters such as storms, floods, earthquakes, subsidence, epidemics; problems beyond our control with transportation or telecommunications systems. To the extent possible, once the cause of impossibility or delay has ended, MR. WONDERFUL will do everything possible to resume its business activities and be able to fulfill its obligations and deliveries.
8. JURISDICTION
The USER may not assign, transfer, or transfer the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is deemed void or impossible to fulfill, the validity, legality, and enforceability of the remaining provisions will not be affected in any way, nor will they be modified in any way.
The USER declares that they have read, understood, and accept these General Conditions in their entirety.
9. GENERAL INFORMATION ON THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of MR.WONDERFUL COMUNICATION S.L. or stipulated herein shall be effective unless expressly agreed in writing by the PROVIDER, in which case, these specific agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also be valid if, for any reason, the possibility of supplying 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 taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services or ancillaries to the goods or products purchased.
The prices applicable to each product are those published on the website and are expressed in euros. The USER assumes that the economic valuation of some products may vary in real time.
Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase price. Prices may change daily until the order is placed. The prices shown at the time of the USER's order confirmation are valid.
Once the order is placed, prices will be maintained regardless of product availability.
All payments made to the PROVIDER will entail the issuance of a delivery note. If the USER requires an invoice in the USER's name, this must be indicated at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF format, to the email address provided by the USER.
11. SHIPPING COSTS
Prices do not include shipping costs (free for Spain for orders over €25) or communication costs, installation costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when you save your cart or quote, as they are based on the weight of the products and the delivery address.
SHIPPING COSTS
National and Peninsular Shipping: Shipping costs are €3.95. Orders over €25 have FREE shipping.
Shipping to the Balearic Islands: Shipping costs are €4.95. Orders over €25 have FREE shipping.
International Shipping: Shipping costs start at €5.95. Orders Orders over €39.95 have free shipping to the following countries: France, Italy, Austria, Belgium, Germany, Ireland, Luxembourg, the Netherlands, Finland, Denmark, and Sweden.
Shipping is only available to EU member states, except 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 the PayPal website using its secure payment platform. Once the payment process is complete, they will be redirected back to the MR.WONDERFUL website.
Once on PayPal, payment can be made with a PayPal account or credit card. Cash on delivery is never accepted through the PayPal website.
Paypal may retain an amount as a deposit or insurance when attempting to make a purchase with a card on the PayPal platform. The collection of this amount does not guarantee that the purchase will be completed.
ADYEN
The USER will be redirected to the Adyen website, using its secure payment platform. Once the payment process is complete, they will be redirected back to the MR.WONDERFUL website.
Once on Adyen, they can choose their preferred payment method. One of these options is by credit card. Cash on delivery is never accepted through the Adyen website.
Adyen may retain an amount as a deposit or insurance when attempting to make a purchase with the card. The collection of this amount does not guarantee that the purchase will be completed.
Security Measures and Secure Payment
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that could or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s).
Regarding Security, the website uses security techniques such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls.
Furthermore, your credit card information is not recorded in any database; it goes directly to the bank's POS (Point of Sale Terminal).
Furthermore, we inform you that, in an effort to provide greater security to credit card holders, we have incorporated the secure payment system known as CES (Secure Electronic Commerce) into our payment gateway.
Your card or account details and password are protected by this security system (through an SSL (Secure Socket Layers) protocol with an https connection from the moment they are entered) and are never sent to our company. You will recognize it by the padlock icon in the navigation bar. You will also see 'https' in the URL instead of 'http'. This additional 's' stands for 'secure'. With SSL, all information between our website and you is encrypted so that it is unreadable by third parties.
Discounts
Discounts cannot be combined. When a coupon is applied, all other promotions are deactivated in the shopping cart.
13. PURCHASE PROCESS
Any product from our catalog can be added to the shopping cart. Shopping carts have no administrative obligation; they are simply a section where you can simulate a quote without any commitment on either side.
To proceed with the purchase of the product, the USER, who must be over eighteen (18) years of age, must Select the product you wish to purchase and add it to your cart. Once the selection of products for purchase has been completed, the USER must click the "Place order" icon. The products selected for purchase will then be displayed, and the USER must select the payment method and select the shipping option for the products to the indicated address or "in-store pickup." Finally, the user must accept the legal terms and click the "Complete order" icon.
The data provided to MR.WONDERFUL through the corresponding form is used to identify and enable access and purchase. The data is personal and non-transferable.
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another email to the USER's email address confirming the order, its status, and the shipping and/or approximate delivery date.
14. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All products have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
I. Conformity of products with the contract (Article 116)
Unless proven otherwise, products will be deemed to conform to the contract provided they meet all of the requirements set forth below, unless due to the circumstances of the case, any of them are not applicable:
They conform to the description provided by MR. WONDERFUL COMUNICATION S.L.
They are suitable for the uses to which products of the same type are ordinarily intended.
They are suitable for any special use required by the customer when they have informed MR. WONDERFUL COMUNICATION S.L. at the time of entering into the contract, provided that the customer has acknowledged that the product is suitable for this use.
They present the quality and performance typical of a product of the same type, which the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by MR. WONDERFUL COMUNICATION S.L.
MR. WONDERFUL COMUNICATION S.L. describes the details, technical characteristics, and photographs of the products provided by the manufacturer, and is not bound by these public statements.
Any lack of conformity resulting from improper installation of the product will be equated to a lack of conformity of the product itself when the installation is included in the sales contract and has been carried out by MR. WONDERFUL COMUNICATION S.L. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
No liability shall apply for non-conformities that the USER was aware of or could not have ignored at the time of entering into the contract or that originate from materials supplied by the USER.
II. Liability of the PROVIDER and rights of the consumer and user (Article 118)
MR. WONDERFUL COMUNICATION S.L. shall be liable to the USER for any non-conformity that exists at the time of delivery of the product. MR. WONDERFUL COMUNICATION S.L. grants the USER the right to product repair, replacement, price reduction, and termination of the contract.
III. Incompatibility of Actions (Article 117)
The exercise of the actions cited in the previous point shall be incompatible with the exercise of actions arising from the remedy of hidden defects in the sale.
In any case, the consumer and user shall have the right, in accordance with civil and commercial law, to compensation for damages arising from non-conformity.
IV. Repair and Replacement of Products (Art. 119)
If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs MR. WONDERFUL COMUNICATION S.L. of the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions of the following point for cases in which repair or replacement fail to bring the product into compliance with the contract.
Any form of remedy that imposes on MR. WONDERFUL COMUNICATION S.L. Costs that, compared to the other form of remedy, are unreasonable, taking into account the value the product would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without major inconvenience to the USER.
V. Rules for product repair or replacement (Art. 120)
Repair and replacement shall comply with the following rules:
They shall be free of charge for the USER. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their intended purpose for the USER. The repair suspends the calculation of the periods referred to in article 123. The suspension period will begin when the USER makes the product available to MR.WONDERFUL COMUNICATION S.L. and will end with the delivery to the USER of the repaired product. During the six months following the Upon delivery of the repaired product, MR. WONDERFUL COMUNICATION S.L. will be liable for the non-conformities that led to the repair. The same non-conformity is presumed to exist when the product reproduces defects of the same origin as those initially reported.
Replacement suspends the deadlines referred to in Article 123 from the exercise of the option until the delivery of the new product. The second paragraph of Article 123.1 shall apply to the replacement product in all cases.
If, after the repair is completed and the product is delivered, it remains non-compliant with the contract, the USER may demand a replacement of the product, unless this option is disproportionate, a price reduction, or termination of the contract under the terms provided in Chapter II of Title IV regarding Guarantees and After-Sales Services. If the replacement fails to bring the product into compliance with the contract, the USER may demand its repair, unless this option is disproportionate, a price reduction, or termination of the contract under the terms provided in Chapter II of Title IV regarding Warranties and After-Sales Services.
The USER may not demand replacement in the case of non-consumable products, nor in the case of second-hand products.
VI. Price Reduction and Termination of the Contract (Article 121)
Price reduction and termination of the contract will be applicable, at the USER's discretion, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable timeframe or without major inconvenience to the USER. Termination will not be applicable when the lack of conformity is minor.
VII. Criteria for Price Reduction (Art. 122)
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it complied with the contract and the value the product actually delivered had at the time of delivery.
VIII. Deadlines (Art. 123)
MR. WONDERFUL COMUNICATION S.L. is liable for any lack of conformity that becomes apparent within three years of delivery. For second-hand products, MR. WONDERFUL COMUNICATION S.L. and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless proven otherwise, delivery is deemed to have taken place on the date indicated on the invoice or purchase label, or on the corresponding delivery note, if this is later.
MR. WONDERFUL COMUNICATION S.L. is obliged to provide the consumer or user who exercises their right to repair or replacement with documentary proof of delivery of the product, stating the delivery date and the lack of conformity that gives rise to the exercise of this right.
Similarly, along with the repaired or replaced product, the seller will provide the USER with documentary proof of delivery, stating the date and, where applicable, the repair carried out.
The right to claim compliance with the provisions of the preceding articles expires three years after delivery of the product.
The USER must inform MR. WONDERFUL COMUNICATION S.L. of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not result in the loss of the right to compensation, but the USER will nevertheless be liable for any damages actually caused by the delay in communication.
Unless proven otherwise, the USER's communication will be deemed to have been made within the established deadline.
IX. Action against the producer (Article 124)
When it is impossible for the USER or it represents an excessive burden for them to contact MR. WONDERFUL COMUNICATION S.L. due to the lack of conformity of the products with the purchase agreement, they may file a claim directly with the producer to obtain a replacement or repair of the product.
In general, and without prejudice to the producer's liability ceasing within the same deadlines and conditions as those established for MR. WONDERFUL COMUNICATION S.L., the producer will be liable for any lack of conformity when it relates to the origin, identity, or suitability of the products, in accordance with their nature and purpose and the regulations that govern them.
A producer is understood to be the manufacturer of a product or its importer into the European Union, or any person who represents themselves as such by indicating their name, brand, or other distinctive sign on the product.
Anyone who has responded to the USER, will have one year to file a claim against the party responsible for the non-compliance. This period is calculated from the moment the remedy is completed.
15. SEVERANCE AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any of the remaining conditions.
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, without limitation, if the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.
When you exercise any of your rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy that may be available to you.
16. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established.
According to Articles 50-52 of Law 1/2000, of January 7, on Civil Procedure, and Article 16 of the Civil Procedure Law, the following applies: 18.1 of Regulation (EU) 1215/2012 of December 12, 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, any action brought by the USER against the PROVIDER may be brought before the courts where the PROVIDER is domiciled or, regardless of the PROVIDER's domicile, before the court of the place where the USER is domiciled.
If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body, which will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, see clause "5. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms.