General conditions

1. INTRODUCTION

   This document (along with all documents referred to herein) establishes the conditions governing the use of this website (www.mandum.com) and the purchase of products from this website (“Conditions”). Please read these Conditions, Privacy Policy and Cookie Policy carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy and if you do not agree to all of the Terms you should not use this website.

   These Terms may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of conclusion of each Contract (as defined below) or, in the absence of such a Contract, at the time of use of the website will be those applicable to you.

   If you have any questions related to the Conditions or the Data Protection Policy you can contact us through our contact form.

2. OUR DATA

   The sale of items through this website is carried out under the name MANDUM by MANDUM MALLORCA S.L. with Tax ID number B56154222, registered address at Calle Rectoría, 36 07520, Petra (Mallorca).

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

   The information or personal data you provide about yourself will be treated in accordance with the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all information or data provided to us is true and corresponds to reality.

4. USE OF OUR WEBSITE

   By using this website and placing orders through it you agree to

   1. To use this website only to make legally valid enquiries or orders.
   2. Not to place any false or fraudulent orders. If it can be reasonably considered that such an order has been placed, we will be authorised to cancel it and inform the relevant authorities.
   3. iii. Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. You also agree that we may use such information to contact you if necessary.

   If you do not provide us with all the information we require, 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 articles offered through this website are available for shipment to Spanish territory, Europe and the rest of the world.

6. HOW THE CONTRACT IS FORMALISED

   To place an order, you must follow the online purchase procedure. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will be formalised only after we have received payment for your order.

7. AVAILABILITY OF PRODUCTS

   All product orders are subject to availability. In this regard, if there are any difficulties in supplying products or if there are no items left in stock, we will refund any amount you may have paid.

8. DELIVERY

   Without prejudice to the provisions of clause 7 above regarding the availability of products and unless extraordinary circumstances arise, we will try to send the order consisting of the product(s) before the delivery date shown on the Order Confirmation in question or, if no delivery date is specified, within the estimated time indicated when selecting the shipping method and, in any case, within a maximum of 15 days from the date of the Order Confirmation.

   However, delays may occur for reasons such as the occurrence of unforeseen circumstances or the delivery area.

   If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Please note, in any case, that we do not deliver on Saturdays, Sundays or public holidays.

   For the purposes of these Conditions, it will be understood that “delivery” has taken place or that the order has been “delivered” at the moment in which you or a third party indicated by you acquires material possession of the products or services, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

9. IMPOSSIBILITY OF DELIVERY

   If we are unable to deliver your order, your order will be returned to our warehouse. We will also contact you to explain where your order is located and how to have it shipped back to you.

   Additional costs arising from the impossibility of delivery due to an incorrect delivery address, telephone and/or e-mail contact, or due to the repeated absence of the recipient or failure to remove your package from the carrier’s warehouse after the deadline that each transport company sets according to its conditions, will be borne by the buyer.

   Please note that transport costs resulting from the termination of the contract are additional and we are therefore entitled to pass on the costs to you.

10. TRANSFER OF RISK AND OWNERSHIP

    The risks of the products will be borne by you from the time of delivery.

    You will acquire title to the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later.

11. PRICE AND PAYMENT

    The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due according to volume and weight.

    Prices may change at any time, but (except as stated above) possible 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 buy, these will have been added to your basket and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. You can use Visa, Mastercard, American Express, PayPal as a means of payment.

    To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards are subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be responsible for any delay or non-delivery and we cannot enter into any contract with you.

12. PURCHASE AS A GUEST

    This website also allows you to purchase through the guest purchase functionality. In this mode of purchase, you will be asked only for the data necessary to process your order.

    Once the purchase process has been completed, you will be offered the possibility of registering as a user or continuing as a user.

13. VALUE ADDED TAX

    In accordance with the provisions of Article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the products or services will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate will be that legally in force at any given time, depending on the specific article in question.

14. RETURNS POLICY

    14.1 Legal right to withdraw from the purchase

    The right of withdrawal

    If you are contracting as a consumer and user, you have the right to withdraw from this Contract within 14 calendar days without the need for justification.

    The withdrawal period will expire 14 calendar days from the day on which you or a third party other than the carrier and indicated by you acquired material possession of the goods or, if the goods comprising your order are delivered separately, 14 calendar days from the day on which you or a third party other than the carrier and indicated by you acquired material possession of the last of those goods.

    To exercise the right of withdrawal, you must notify MANDUM at the address, Calle Rectoría, 36, 07520, Petra (Mallorca) by writing to us at info@mandum.com, of your decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). You may use the model withdrawal form that appears as an Annex to these Conditions, although its use is not obligatory. In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right be sent before the expiry of the corresponding deadline.

    Consequences of withdrawal

    In the event of withdrawal on your part, we will refund all payments received from you, with the exception of delivery costs and any costs arising from the return of the goods, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this Agreement. We will proceed to make this refund using the same payment method you used for the initial transaction. Notwithstanding the above, we may withhold the refund until we have received the goods.

    You must return or deliver the goods or services directly to us within 14 calendar days of the date on which you inform us of your decision to withdraw from the Agreement. The deadline will be considered to have been met if you return the goods before the deadline has expired. You must bear the direct cost of returning the goods.

    You will only be responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

    14.2 Common provisions

    Your right to withdraw from the Contract will only apply to those products that are returned in the same condition as you received them. No reimbursement will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition as they were delivered or that have suffered any damage, and therefore you must be careful with the product(s) while they are in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents.

    You will be responsible for the cost of return and will be responsible for sending the items via a secure, signature-based delivery system.

    Returns with freight collect/ bill receiver method will not be accepted.

    After examining the item, we will inform you if you are entitled to a refund. The refund will be made as soon as possible and in any case within 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods. The refund will always be made by the same means of payment that you used to pay for the purchase.

    You will bear the cost and risk of returning the goods to us as set out above. If you have any questions, you can contact us through our contact e-mail.

    14.3 Returns of defective products

    In cases where you consider that at the time of delivery the product does not comply with the terms of the Contract, you must contact us immediately by e-mail, providing the details of the product and the damage it has suffered and we will tell you how to proceed.

    We will carefully examine the returned product and will inform you by e-mail within a reasonable period whether a refund or replacement is appropriate (if any). The refund or replacement of the item will be made as soon as possible and in any event within 14 days of us sending you an email confirming that a refund or replacement of the non-conforming item is appropriate.

    Amounts paid for products that are returned because of a fault or defect, where this exists, will be fully refunded to you, including the delivery costs incurred in delivering the item to you and the costs you would have incurred in returning it to us. The return will be made by the same means of payment as was used to pay for the purchase. In any case, the rights recognised by current legislation are not affected.

15. RESPONSIBILITY AND EXEMPTION FROM RESPONSIBILITY

    Except as otherwise expressly provided in these Terms and Conditions, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of that product.

    However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin: i. loss of income or sales:

    • Loss of income or sales.
    • Loss of business.
    • Loss of profit or loss of contracts.
    • Loss of anticipated savings.
    • Loss of data.
    • Loss of management time or office hours.

    Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise on the website.

    All product descriptions, information and materials contained on this website are provided “as is” and without express or implied warranties about them other than those legally established.

    The provisions of this clause shall not affect your rights as a consumer and user, nor your right to withdraw from the Contract.

16. INTELLECTUAL PROPERTY

    You acknowledge and agree that all copyright, trade mark and other intellectual property rights in the materials or content provided as part of the website belong at all times to us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or contact details.

17. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

    You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material into the website. You shall not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.

    Failure to comply with this clause may result in violations under applicable law. We will report any breach of such regulations to the appropriate authorities and will cooperate with them in discovering the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.

    We shall not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

18. LINKS FROM OUR WEBSITE

    Where our website contains links to other websites and materials of third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. Therefore, we do not accept any liability for any damage or loss arising from the use of such websites or materials.

19. 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 such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contracts, notices, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.

20. NOTIFICATIONS

    Notifications that you send us should preferably be sent through our e-mail address
    info@mandum.com. Subject to clause 19 above and unless otherwise stated, we may send you communications either by e-mail or to the postal address you provide when placing an order.

21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

    The contract is binding on both you and us, as well as on our respective successors, assigns and assignees. You may not transfer, assign, encumber or otherwise convey a contract or any of the rights or obligations arising from it without our prior written consent.

    We may transfer, assign, encumber, sub-contract or otherwise transfer a contract or any of the rights or obligations arising under it at any time during its term. For the avoidance of doubt, any such transfer, assignment, encumbrance or other transfer shall not affect any rights which you, as a consumer, may have under the law nor shall it negate, reduce or otherwise limit any warranties, whether express or implied, which we may have given you.

22. EVENTS BEYOND OUR CONTROL

    We will not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure”).

    Force Majeure Causes shall include any act, event, failure to perform, omission or accident that is beyond our reasonable control and, among others, the following:

    Strikes, lockouts or other industrial action.

    Civil commotion, revolt, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparations for war.

    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

    Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private.

    Impossibility of using public or private telecommunications systems.

    Acts, decrees, legislation, regulations or restrictions of any government or public authority.

    Strike, failure or accident of maritime or fluvial transport, postal or any other type of transport.

    It is understood that our obligations arising from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension of time to fulfil these obligations for a period of time equal to the duration of the Cause of Force Majeure. We shall use all reasonable means to end the Force Majeure Event or to find a solution that will enable us to fulfil our obligations under the Contract despite the Force Majeure Event.

23. RESIGNATION

    Failure by us to require you to comply strictly with any of your obligations under a Contract or these Conditions or failure by us to exercise any rights or actions that we may have under such Contract or Conditions shall not waive or limit any such rights or actions and shall not relieve you of any such obligations.

    No waiver by us of any particular right or action shall be deemed a waiver of any other rights or actions arising under the Contract or the Terms.

    No waiver by us of any of these Terms and Conditions or of any rights or actions arising under the Contract shall be effective unless expressly stated to be a waiver and formalised and communicated to you in writing in accordance with the provisions of the Notices section above.

24. PARTIAL NULLITY

    If any of these Conditions or any provision of a Contract is declared null and void by a final decision of the competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

25. COMPLETE AGREEMENT

    These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and replace any prior agreement, understanding or promise agreed between you and us either orally or in writing.

    You and we acknowledge that we have consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations entered into by the two of us prior to said Contract, except for that which is expressly mentioned in these Conditions.

    Neither you nor we shall have any action against any uncertain statement made by the other party, either verbally or in writing, prior to the date of the Contract (unless such uncertain statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with these Conditions.

26. OUR RIGHT TO MODIFY THESE CONDITIONS

    We have the right to review and modify these Terms and Conditions at any time.

    You will be subject to the policies and Conditions in effect at the time you use this website or place each order, unless we are required by law or government agency decision to make changes to those policies, Conditions or Privacy Statement retroactively, in which case any changes will also affect orders you have previously placed.

27. APPLICABLE LEGISLATION AND JURISDICTION

    The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

    Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

    If you are contracting as a consumer, nothing in this clause will affect your rights as a consumer under current legislation.

28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

    Your comments and suggestions are welcome. Please send us your comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or e-mail address indicated in clause 2 of these Conditions.

    If you, as a consumer, consider that your rights have been infringed, you can send us your complaints via the e-mail address info@mandum.com in order to request an out-of-court settlement of disputes.

ANNEX: Model withdrawal form

(you only need to fill in and send this form if you wish to withdraw from the contract)

To the attention of MANDUM MALLORCA S.L.

I hereby inform you that I am withdrawing from my contract of sale of the following property:

Order number:

Name of the consumer:

Consumer’s address:

Signature of consumer (only if this form is submitted on paper)

Date: