General Terms and Conditions
This section establishes the contracting and acquisition of products through the website https://www.mrshisha.es, property of MR. SHISHA EUROPE SL , hereinafter Mr Shisha .
By accepting this contract, the consumer and/or user (hereinafter client) accepts the following:
- That is a person with sufficient capacity to contract.
- That you have read, understand and accept without reservation each of the points of these general contracting conditions.
- Which assumes all established obligations.
Mr Shisha is not intended to process data corresponding to minors. Mr Shisha only sells to persons of legal age in accordance with Spanish legislation (Article 315 of the Civil Code).
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website www.mrshisha.es.
Mr Shisha reserves the right to modify the contractual offer, consisting of these general conditions and the list of products and their prices, at any time, although said modifications will not be made with contracts already made by the consumer and/or user previously. For all these reasons, it is recommended that you read them before proceeding to purchase any product/or service offered.
IDENTITIES OF THE PARTIES
On the one hand, MR. SHISHA EUROPE SL (Owner of the website www.mrshisha.es) with CIF: B-88338058 as supplier of the products contracted by the consumer and/or user, with registered office at Calle Físicas, 40, 28923, Alcorcón (Spain).
Contact address info@mrshisha.es and telephone number 916 449 846.
On the other hand, the client, whose purpose is to be a consumer and/or user of the same and/or contract the products or services of Mr Shisha .
COMMUNICATION AND CONTACT
For communication purposes, Mr Shisha makes the following means available to the client:
- Email: info@mrshisha.es
- Telephone: 916 449 846
- Postal address: Calle Físicas, 40, 28923, Alcorcón (Spain).
- Contact and customer service form
Communications made between the client and Mr Shisha by such means will be considered effective and valid for all purposes.
CUSTOMER RESPONSIBILITY
The client undertakes to make lawful use of the website and the services provided therein, respecting current legislation and refraining from infringing the rights and interests of third parties and Mr Shisha.
The client is responsible for the veracity of the data provided to Mr Shisha and is therefore responsible for any consequences that may arise from providing false or erroneous data on this website.
The client must respect and accept the general terms and conditions of contract, the legal notice, the conditions of use and privacy established on this website.
Failure to comply with the above may result in the withdrawal or cancellation of services by Mr Shisha without prior notice and without giving rise to any right to compensation, as well as the initiation of legal action to which Mr Shisha may have the right to resort.
MR SHISHA'S RESPONSIBILITY
Mr Shisha undertakes to comply with the obligations set out in these general contracting conditions.
For any information or queries, the customer will have access to the form established for this purpose in the "Contact" section or by calling 916 449 846 or by email to the email address info@mrshisha.es indicating the order number or stating your query.
LANGUAGE
The language in which the relationship with the client is perfected will be Spanish.
PURPOSE OF THE CONTRACT (DESCRIPTION OF THE PRODUCTS)
The purpose of this contract is to regulate the relationship between Mr Shisha and the client at the time when the latter gives his consent during the contracting process by accepting the corresponding box. (Box which, prior to its acceptance, will inform about the present general conditions of contract).
The contractual relationship of purchase-sale will entail the delivery of a product in exchange for a price determined on the website.
CONTRACTING PROCEDURE
The purchase of Mr Shisha products can be done in the following way:
Please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:
1.- Registration (optional)
In order to simplify the purchasing process as much as possible, the user can register through a form established for this purpose in the "USERS" section, or when purchasing a product.
To carry out this registration, you will need to create a user account. To do this, the user must freely and voluntarily provide the personal data that will be required.
The user will select a username and password, agreeing to use them diligently and not to make them available to third parties, as well as to notify the provider of their loss or theft or of possible access by an unauthorized third party, so that the provider can proceed to immediately block them.
The user may not choose as a username words that are intended to confuse others by identifying him or her as a member of the provider, as well as expressions that are foul, insulting and, in general, contrary to the law or the requirements of morality and good customs.
Notwithstanding the foregoing, the user may have the option of making the purchase without registering on the platform.
2.- Product selection and purchase
The different types of products appear in the central and upper part.
- Click on the desired category and choose the product you wish to purchase. A descriptive sheet will then appear detailing the product's characteristics and price with VAT.
- In the event that the selected product is not available in stock, this will be expressly indicated and it cannot be added to the cart.
- To add the desired available product to the cart, click on the “buy” or “Add to Cart” link. The purchase menu will then appear, where the user will be able to see the total price of the purchase, as well as have the possibility of cancelling it using the Delete command.
- Once the purchaser has selected the products he or she wishes to purchase, he or she must fill out a form if he or she has not previously registered. This form is filled out for the purposes of shipping, billing and managing personal data.
- Once the purchase process is complete, a summary of the previous process will appear with the data provided, so that you can either rectify any data or confirm your order.
- You will make the payment for the product according to the selected procedure.
- The purchase is completed.
- Once the purchase has been made and within a maximum period of 24 hours, Mr Shisha will send a proof of purchase by email.
PRODUCTS / SERVICES OFFERED
The main features of each product are described in their corresponding tabs or sections (Features, price, offers, discounts, etc.).
Offers will be duly marked and identified as such, conveniently indicating the previous price and the offer price.
The sale of products will only take place in Spanish territory, specifically in the Iberian Peninsula and the Balearic Islands, expressly excluding the rest of the territories.
For any information about the order, the customer will have the form established for this purpose in the "Contact" section, or by phone at 916 449 846, or by email to the email address info@mrshisha.es indicating the order number that was assigned to you in the purchase confirmation email.
PRICE AND VALIDITY PERIOD OF THE PRODUCTS
The customer accepts that the economic value of some of the products may vary in real time. As a result, the price to be applied will be the one in effect on the date the order is placed. Notwithstanding the foregoing, the final price will be communicated to the customer in the electronic purchasing process prior to the customer proceeding to formalize his acceptance of the purchase.
The prices indicated for each product include Value Added Tax (VAT) and in all cases will be expressed in Euro (€).
VAT rates may vary depending on the destination country and the nature of the products ordered.
The prices indicated on the products, unless expressly indicated otherwise, do not include shipping costs, shipping insurance or any other additional services attached to the purchased product.
Notwithstanding the above, the customer may check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the purchase process on the website.
METHOD OF PAYMENT
- By credit card. Through this payment method, the customer will have to provide their card number, the expiration date and their CVV number. In this case, their data will be encrypted and sent via a secure server to the bank's virtual POS. This procedure does not provide the card number to Mr Shisha .
- Via PayPal : In order for the customer to pay for their purchases using this system, they must have a PayPal account. For more information, visit www.paypal.es .
ORDER DELIVERY TIMES AND DELIVERIES
The product will be considered delivered to the customer at the time it is available to the customer and the customer signs for receipt of the product at the transport agency/post office.
Orders will be delivered to the delivery address freely designated by the customer during registration/purchase process once payment has been made and confirmed.
Mr Shisha will not be held responsible under any circumstances when the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery cannot be made for reasons beyond the control of the entity in charge of the shipment, such as the absence of the recipient.
Deliveries will be made according to the time frame established in the following table:
- 24 - 48 HOURS
Orders received before 2:00 p.m. will be shipped the same afternoon. Orders received after that time will be shipped the following day.
These deadlines will not take into account Saturdays, Sundays and public holidays in force in Spain.
It is possible that it may take longer than the established deadlines, in this case, Mr Shisha will adopt the measures required of a diligent merchant so that delivery can be made within the agreed time, and if not, within a maximum period of 30 calendar days from the purchase of the product as specified in the current regulations on Consumers and Users (art. 109).
If the goods are still not delivered, the buyer has the right to order Mr Shisha to comply within an additional period appropriate to the circumstances. If the entrepreneur does not deliver the goods within this additional period, the customer has the right to terminate the contract, and the seller must proceed to refund, without undue delay, all amounts paid by the buyer under the contract.
SHIPPING COSTS
The established scales for calculating shipping costs depend on the region to which the product is to be sent. Therefore, these costs cannot be calculated in advance, the following table serving as a reference:
- Orders over €50 free shipping: Delivery by CTT within 24-48 hours (Only in the Peninsula)
- Orders under €50: Delivery by CTT 24-48 hours home delivery €5.99)
- At the moment, we do not ship to the Balearic Islands, the Canary Islands and Autonomous Cities (Ceuta and Melilla).
These data will be provided by the client at the time of registration through the form.
Once the order has been placed and its amount confirmed, the system will calculate the cost of the shipping costs. To do so, the customer can check the purchase invoice on their screen at any time, which will detail the costs of the order and the shipping costs.
CLAIM FOR UNDELIVERED ORDERS:
After receiving an email stating that their order has been shipped, if after a reasonable period of time they have not received the product, the customer may contact Mr Shisha by phone at 916 449 846, using the "Contact" form or by email: info@mrshisha.es to clarify the cause of the delay.
Once the claim has been received, Mr Shisha will contact the client in order to explain what happened and reach an agreement on what occurred.
CANCELLATIONS
If, once the purchase has been made, you wish to cancel an order that has not yet been shipped , you can do so by indicating this using the contact form established for this purpose in the "Contact" section or in writing to the email address info@mrshisha.es, customer service form or by telephone at 9916 449 846 indicating the number of the order you wish to cancel.
FORCE MAJEURE
Neither of the contracting parties shall be liable for any type of failure due to force majeure. Termination of the contract shall be postponed until the end of the force majeure situation.
RIGHT OF WITHDRAWAL
The consumer and/or user will have a period of 30 calendar days from the date of receipt of the product to return it without having to indicate the reason and without incurring any costs.
The product must be returned in perfect condition without limiting the use of the product (as long as it does not go beyond merely checking its good condition and functioning).
It is expressly stated that the consumer will have to pay the shipping costs for the return of the goods when exercising his right of withdrawal.
The following exceptions are established in the exercise of the right of withdrawal and are expressly included in the Law on consumers and users, which are, among others:
- The supply of goods made according to the consumer and/or user's specifications or clearly personalized.
- The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
- The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and/or user with the knowledge on his part that he consequently loses his right of withdrawal.
Procedure:
To exercise their right of withdrawal, the consumer and/or user has a period of 30 calendar days from receipt of the product. To do so, they must complete the form established for this purpose in the "Contact" section.
Whether by one means or another, your communication must contain the following information:
- Your identifying data: full name and address
- Order number appearing on the invoice that was sent to you along with the purchased goods
- Description of the acquired asset
- Your desire to withdraw from the sales contract
- Bank account where you want the price and costs to be refunded
- Date of communication
- If you send your request by non-electronic means (for example, postal mail), it must be signed.
From the date on which you notify us of your decision to withdraw from the contract, the consumer and/or user has a period of 30 calendar days to return the purchased item to Mr Shisha in perfect condition together with a copy of the purchase invoice.
Mr Shisha will promptly notify the consumer and/or user by email of receipt of said withdrawal, with instructions for shipping by the consumer and/or user. Once the product has been received or the consumer and/or user has presented reliable proof of the return of the goods, Mr Shisha will deliver without undue delay the sums paid by the consumer and/or user .
APPLICABLE WARRANTIES
The contractual guarantee offered is that established 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. Mr Shisha will be liable for any lack of conformity that becomes apparent within two years from delivery, provided that the customer has informed Mr Shisha of said lack of conformity within two months of becoming aware of it. In the case of a defective product, the seller will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract.
COMPLAINT FORMS
At Calle Físicas, 40, 28923, Alcorcón (Spain), the consumer and/or user has at their disposal complaint forms, in accordance with the regulations in force in this area. Notwithstanding the above, the consumer and/or user may, in any case, request that they be forwarded to them by means of the contact form established for this purpose in the "Contact" section or by emailing info@mrshisha.es.