mistubos.com and mytubesonline.com are the property of WITTE Y SOLÁ, S.A., with Corporate Tax ID No. A-08226425 and registered offices at Avinguda Ponent, 13, 08105 Sant Fost de Campsentelles (Barcelona) Spain. This Legal Notice determines the purchase and shipping conditions for this service (hereinafter the Service) and the Service users (hereinafter the Users).
PAYMENT METHODS
- By credit or debit card via the TPV payment gateway of LaCaixa.
- By bank transfer
NB: for international orders we only accept payment by bank transfer.
SHIPPING COSTS AND DELIVERY
Shipments will be made via courier or the company’s own carrier.
The estimated delivery time for shipping on the Iberian Peninsular and Balearic Islands is between 5 and 7 days. For shipping to the Canary Islands and international destinations, the customer will be informed of the estimated delivery time and shipping costs before the order is confirmed.
The shipping costs will be calculated in accordance with the weight and shipping address, and they will be shown on the order screen before confirmation and payment.
For international shipping payment will only be permitted via bank transfer, and the costs will not be shown automatically. Instead the COMPANY will contact the customer to notify him or her of the costs, as well as the estimated delivery time.
NOTE: Northern Ireland, is temporarily excluded from the shipments area
FINALISING THE ORDER
Once the order has been finalised, which means when the Conditions of Use have been accepted and the purchase process has been confirmed, the COMPANY will send an email to the CUSTOMER confirming the details of the purchase.
CANCELLING ORDERS
The COMPANY will accept cancellations for orders before they have been sent. In order cancel an order you should send a request via the “Contact” form, or by sending an email to info@mistubos.com
GENERAL CONDITIONS OF CONTRACT AND CONDITIONS OF USE FOR www.mistubos.com
This contract is hereby established as the General Conditions of Contract (hereinafter the GCC), that govern the use of the website www.mistubos.com (hereinafter, the Website) and the services provided by WITTE Y SOLÁ, S.A. (hereinafter mistubos.com or the Company), with the purpose and other conditions as detailed below. For the use of the Website and to effectively register for the services offered by the Company, it is a prerequisite to have read, understood and accepted these Terms and Conditions and the accompanying Legal Notice, and to have filled out the corresponding registration form.
- PURPOSE OF THE CONTRACT
On the one hand, mistubos.com, and on the other hand, you as a User, mutually recognise the legal capacity of both parties to enter into and be bound by this contract under the respective legal capacities of the same, agreeing to the following GCC that apply to the use of the website and the services offered on the same.
The services offered via the Website are for your exclusive use, and under no circumstances can you resell them or distribute them to third parties.
- DESCRIPTION OF THE SERVICE
The Website includes a description of each one of the services offered by mistubos.com.
- USE OF THE WEBSITE
In virtue of the present GCC, the Company puts the Website at your disposal so that you can use the same.
When it is necessary for Users to register or provide personal information to access any of the services offered by mistubos.com, then the collection, treatment and, where appropriate, the transfer or access to your personal data will be subject to the provisions of the Privacy Policy, which can be accessed through the Website and will form an essential part of the GCC.
Access the Service and use of the same require, therefore, registering for an account on mistubos.com, and the use of a username and password.
You agree to safeguard your username and password and to ensure they are for your personal use only and, if you discover that a third party has had access to the same or had accessed the Website or Service on your behalf, without their consent, you should inform mistubos.com of this immediately. Failure to inform us of these circumstances will give mistubos.com the right to unilaterally terminate the Contract, without providing you with any compensation.
The User shall be fully responsible for accessing and making proper use of the Website pursuant to Spanish law, under the principles of good faith and in accordance with public order and good morals, and while committing to diligently follow any additional instructions given by mistubos.com in connection with said use and access.
The User is obliged to make reasonable use of the Website and its contents, in accordance with the purposes and uses for which it is designed. mistubos.com does not accept any responsibility, whether direct or indirect, in related to the misuse of the Website or its contents by the User, who accepts sole responsibility for the consequences, damages or legal actions arising from his or her access or use of the Website and the content hosted on the same, or the reproduction or communication of said content.
It is strictly forbidden, and, therefore, the consequences are the sole responsibility of the User, to access and use the Website and its contents for illegal or unauthorised purposes and, more specifically, and without this being an exhaustive list, to: breach in any way the fundamental rights of third parties to dignity, upholding their image and personal and family privacy, especially that of minors; breach the right to secrecy of communications; infringe intellectual property rights or regulations governing personal data protection. The User also agrees not to publish, disseminate, post or distribute any material or information that is illegal, obscene, pornographic, abusive, defamatory, misleading, racist, or in any way counter to good morals and public order; the User agrees not to introduce any computer viruses, corrupted files, or any other computer program that may cause damage or alterations to the contents, programs or systems on mistubos.com.
It is also prohibited to use the Website to send bulk emails and/or repeated unsolicited emails, advertising or other commercial communications, or to collect data for the same purpose.
mistubos.com shall be entitled to remove any content presumed or declared to be illegal, whether at its sole discretion, or at the request of the affected third party or competent authority. Any such withdrawal will not entail the right to compensation.
- REGISTERING FOR THE SERVICE
In order to offer the Service, the User acknowledges and accepts that he or she must register to use the same on the Website. The date of registration for the Service shall be deemed, to all effects, as the date of acceptance of these GCC.
In order to place an order, you must follow the online purchasing procedure. You will receive an email acknowledging receipt of your order.
Please note that this does not mean that your order has been accepted. All orders are subject to acceptance and we will confirm this acceptance by sending you an email that confirms that the product is being shipped (the Delivery Confirmation).
The contract for the purchase of a product will only be finalised when we send you the Delivery Confirmation.
Only those products listed in the Delivery Confirmation will be subject to the Contract. We will not be required to supply any other products that may have been ordered until their shipping has been confirmed in a separate Delivery Confirmation.
- OBLIGATIONS OF THE PARTIES
5.1. User Obligations: From the date of Registration for the Service, the User will be obliged to:
5.1.1. Provide immediate notification to mistubos.com for any changes to the data provided.
5.1.2. Not to provide any third party with this Contract, without the express prior written consent of mistubos.com. The User shall be solely responsible for the use of the Website and the Service in accordance with current law and the GCC, and must control the use of the same by the people for whom he or she is responsible, and any authorised person.
5.1.3. Accepting that any data transmitted over the internet is not subject to any protection, and use of the Website and the Service present the risk (an unlikely but nonetheless real risk) of interception by third parties, given that security measures on the internet are not impregnable.
5.1.4. Accept that mistubos.com cannot be held liable for any loss or damage, including lost profits, for any failures in telecommunications structures that not the responsibility of mistubos.com.
5.1.5. Authorise mistubos.com to carry out backups, at its own discretion and whenever deemed appropriate, of the data stored by the User, to protect them in case said data is lost or corrupted.
5.1.6. Accept sole responsibility for the data that third parties or another person uploads to the Website provided by mistubos.com on your behalf.
5.1.7. Accept that the Service offered under this Contract may be provided by third party companies subcontracted by mistubos.com.
5.1.8. Use the contents diligently, correctly and legally and, in particular, agreeing to refrain from: (i) Using the contents for purposes in counter to law, good morals, generally accepted customs and public order; (ii) Reproducing or copying, distributing, or allowing public access to the contents through any form of public communication, or changing or modifying the contents, unless you have obtained authorisation to use the corresponding rights or it is legally permitted; (iii) Using the contents and, in particular, information of any kind obtained through the website or the services to send advertising, communications for direct marketing purposes or any other commercial purpose, or sending unsolicited messages addressed to numerous people regardless of their purpose, and refraining from selling or otherwise disclosing said information.
5.1.9. Act on your own behalf, and that of employees or staff under your charge, having informed them of the GCC and Privacy Policy of mistubos.com, and ensuring that you have the authority to grant such consent on behalf of those people.
5.2. Obligations of mistubos.com: From the date of Registration for the Service, mistubos.com will be obliged to:
5.2.1. Allow access to the Website and providing the Service detailed in the GCC.
5.2.2. Provide customer service to the User via the email address: info@mistubos.com, or any other address indicated at any time.
5.2.3. Maintain the Service operational for use, except for any temporary interruptions due to maintenance operations for the same. Any such interruptions will be communicated, as far as possible, well in advance. The aforementioned obligation shall not apply to mistubos.com in case of force majeure or failure of the internet on which the service is provided, when this is out of the control of mistubos.com. mistubos.com cannot guarantee continuous and uninterrupted access to the Service, as it depends on the provision of the network infrastructure by third party operators outside the scope of control mistubos.com
5.2.4. Maintain and ensure secrecy in any communications, within the aforementioned technical limitations, except at the request of judicial or administrative authorities, in accordance with the provisions of current regulations, in which case rights are reserved to provide the information required by the same without prior notice.
5.2.5. Address any complaints about the operation, price, billing, quality or any other issue that may arise in connection with the use of the Website and the provision of the Service. Any such complaints should be addressed to mistubos.com within ONE (1) MONTH from the time in which the reason for the complaint became apparent, by the User contacting the Customer Support Service offered by mistubos.com in accordance with these GCC, by writing to the registered offices of mistubos.com.
- PRICE AND PAYMENT
The price of the products will be the one stipulated at all times on the Website, except in cases of manifest error. Although we try to ensure that all prices listed on the Website are accurate, some errors may occur. If we discover any errors in the price of the products ordered, we will inform the User as soon as possible and provide the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and you will receive a full refund of any money paid.
We will not be obliged to supply the product(s) at the incorrect lower price (even if we have sent the Delivery Confirmation) if the pricing error is obvious and unmistakeable and could be reasonably recognised by the user as an incorrect price.
The prices on the website include VAT but do not include shipping costs, which are added to the total amount as set forth in the clause on Shipping Costs.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent a Delivery Confirmation.
Once the User has completed a purchase, all the items he or she wishes to buy will have been added to the shopping cart and the next step will be to process the order and make a payment in accordance with the instructions provided on the website.
- PRODUCT AVAILABILITY
All product orders are subject to availability and, in this sense, if any difficulties occur in the supply of the products, or if they are no longer in stock, the Company will notify the User and offer a similar product as a substitution.
- REFUSAL TO PROCESS AN ORDER
mistubos.com reserves the right to withdraw any Product from the Website at any time and/or to remove or modify any material or content on the same. Although we always do our best to process all orders, there may be exceptional circumstances that require us to refuse to process orders after having sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We will not be liable to the User or to any third party for the removal of any product from the Website, regardless of whether the product has been sold or not. Neither will we be liable for removing or modifying any material or content on the Website, nor for refusing to process an order once we have sent you the Order Confirmation.
- THE RIGHT TO CANCEL A PURCHASE
If the User is acting as a customer, he or she may cancel the Contract at any time within seven (7) days from the date of receipt of the products.
In this case, we will refund the price paid for the products in accordance with the provisions of the clause on Returns and Refunds.
The User’s right to cancel the Contract shall apply exclusively to products that are returned in the same condition as that in which they were received. You should also include all the instructions, documents and packaging for the products. There will be no refund if the product has been used or damaged, so the User must be careful with the product/s in their possession.
The right to cancel an order will not apply to any products made according to the customer’s specifications or that are clearly personalised, or that due to their nature cannot be returned or may deteriorate or expire rapidly.
- RETURNS AND REFUNDS
10.1. The User has seven (7) business days, with business days understood as those applicable in the place where the delivery occurred and counting from the day following receipt of the products under the contract, to notify mistubos.com of the intention to return one or all of the products in the order. In order to return these products, the User must send an email to the email address info@mistubos.com indicating the following:
- Full name of the User.
- Contact telephone number (if possible the User’s mobile phone number).
- Order date
- Name and value of the products included in the order that will be returned to mistubos.com.
- Reason for the product return.
Once mistubos.com has received the order, we will contact the customer to agree on the means of delivery for the products, and reimburse the amount paid by the User within a maximum period of thirty (30) days from receipt of the product.
If payment was made by credit or debit card or PayPal, mistubos.com will credit the amount of the refund. If payment for the products acquired was made on delivery, then you must provide us with a current account number to make the payment to said account.
10.2. Returns caused by defective goods or errors in processing the order will be made at no extra charge, and mistubos.com will refund the entire price of the products plus the shipping cost for the products.
10.3. If the reason for the return is caused by any reason other than those mentioned above, mistubos.com shall reimburse the full price of the products; however the user must pay for the costs to ship/collect the products.
10.3. Under no circumstances will products be eligible for return when they are manufactured in accordance with the consumer’s specifications or are clearly personalised; when they cannot be returned as their nature means they are liable to deteriorate or expire quickly; or when the product has been used, is unsealed, opened or is not in the original packaging.
- COOKIES POLICY
A “cookie” is a small data file stored by your web browser on the hard drive of your computer, and it contains certain information on your visit to the website. This Website only uses cookies to facilitate browsing for Users and under no circumstances is it possible to associate these cookies to the specific personal data of Users, nor can they be identified through the same. The User may decide whether or not to accept cookies by configuring their web browser. The User may also complete operations via the Website, even when the web browser has been told to deactivate the cookies.
- CHANGES AND MODIFICATIONS TO THE WEBSITE
mistubos.com may change, suspend or remove any aspect of the Website, such as access to certain functions, databases, products, services and contents on the Website (as detailed below), whenever it sees fit. mistubos.com may also set limits on certain features and services or restrict access to all or certain parts of the Website without prior notice. mistubos.com may correct any errors detected, and reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions that may be shown, even after an order has been made.
- HYPERLINKS
The Website may contain links and suggestions to visit other websites, resources and sponsors from the entire World Wide Web. Links to and from the Website to other websites maintained by third parties do not constitute a recommendation by mistubos.com or its subsidiaries or affiliates, for content and resources from other companies.
- CHANGES AND AMENDENTS TO THE TERMS AND CONDITIONS
mistubos.com may, at any time, modify these GCC or introduce new conditions of use, with it being sufficient to communicate this on the Website by providing prior notice of thirty (30) days. Said amendments shall only apply from the time they enter into force.
In the event that a regulatory action, legal or regulatory measure comes into force that, in the reasonable judgement of mistubos.com, prohibits, restricts or makes it commercially unviable to provide the Services under this Contract, mistubos.com may: (i) modify the Services or the terms and provisions of this Contract in order to adapt to the new situation, (ii) terminate the contract.
mistubos.com will be not be held liable for any of the actions described in these clauses, provided that the amendments to the website are duly notified with a minimum of thirty (30) days from the date on which they come into force, unless the amendments must be made immediately by law.
In the event that amendments to the Service or the GCC occur, and you do not state your opposition to these changes in writing within the period detailed in the preceding paragraph, and should you continue to use the Service, then it will be considered that you have accepted the new conditions.
If any of the Conditions or provisions of the Contract are found to be invalid, illegal or unenforceable to any degree by a competent authority, they will be separated from the remaining terms, conditions and provisions, which shall remain valid in so far as permitted by the law.
- APPLICABLE LAW AND JURISDICTION
This Contract, and the validity and enforcement thereof, shall be interpreted and enforced in accordance with Spanish law.
The Parties agree to submit their disputes to the jurisdiction of the courts of Barcelona.
In the event that any provision of this Contract is declared totally or partially void, invalid or ineffective because of a legislative amendment, then such provision shall be reworded to reflect, insofar as possible, the original intention of the Parties in accordance with applicable law, with the remainder of the Agreement remaining in full force and effect.
