Conditions d'achat

1. Introduction

MERCULES SPAIN, SL in compliance with Law 34/2.002, of July 11th, Services Information Society and Electronic Commerce, EU Regulation 2016/679 on Data Protection, Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other implementing regulations, has developed these Terms of Purchase for the procurement process of the items offered on the website www.mercules.es.

This document (hereinafter the "Conditions") is a commercial agreement that binds the User (hereinafter "Customer" or "User") and MERCULES SPAIN, SL (hereinafter "MERCULES"). 

These Conditions establish the rights and obligations of the Customer and MERCULES and determine in a EXPRESSLY, CLEAR, UNDERSTANDING AND INEQUIVOCABLE way the identity of the owner of the Website, the characteristics of MERCULES items, prices, payment methods, the purchase process, warranties, return policy and any other circumstances regarding to the purchase of MERCULES items.

All MERCULES items offered on its Website are sold directly by MERCULES SPAIN, SL with registered office at Avenida de Neguri 9, Getxo, 48992, Vizcaya (Spain), with NIF No. B-87112264, owner of the brand MERCULES.

The Customer by placing an order, expressly accepts these Conditions, as well as the Privacy Policy and the Legal Notice found on the Web www.mercules.es and if the Customer does not agree with these, they should not register or browse the Web, or place any order. These Conditions may be modified by MERCULES at any time without notice, so the Customer must read them before placing each order, being binding the Conditions in force at the time of placing the order.

MERCULES through its Website offers MERCULES articles, 24 hours a day, every day of the year. No orders may be placed by underaged.

1. Registration on the Website

The user is not required to register as a customer, but must provide personal information necessary for shipping (and where appropriate, billing) such as name, address and telephone.

Non-response or inaccuracy in the personal data will prevent the user from registering as a registered Customer or as a guest on the Website. All personal data provided will be subject to our Privacy Policy.

Before finalizing the registration, regardless of whether that is as a registered Customer or as a guest, the user must accept these terms and purchase conditions.

1. Customer Obligations

The Customer is obliged to:

"Communicate in a true and correct way to MERCULES, the personal data necessary for the delivery of orders.

"Payment of MERCULES items purchased through the Website and shipping costs, in those cases where there are.

"The Customer may not place any fraudulent or false order. MERCULES reserves the right to cancel the order and / or inform the relevant authorities if it has reasonable grounds to consider it as such.

"Not to carry out any activity that hinders or interferes with the operation of the Website.

1. Territory of delivery

MERCULES items are delivered exclusively in the countries in which our Website is available. Thus, each country has its own Website with its own articles, prices and shipping costs that may vary. The system will automatically recognize the country of access.

1. Purchase procedure

The Customer must access the Website to purchase MERCULES items, having at its disposal the following information:

* Description of the article, reference, size, features, colors, composition and photograph.

* Price per unit

* Shipping costs

* Conditions of validity of the offer, if any.

Once chosen the article, the Client will have to add to the basket by clicking on the button "ADD TO CART" the units that he/she wishes to acquire of each article, the size, the color...etc. Once the selected items have been added to the cart, the Customer can access the summary of the selection of items by clicking on the cart at the top right of the page, where a summary of the selected items appears. If the Customer wants to modify quantities or delete items or make the purchase, he/she must click on the cart at the top right, and on "VIEW CART" on the right side of the page, detailing the following information:

" Product

"Description

"Unit Price

"Quantity

“ Total price of each of the items purchased
" Total price of the purchase 

The customer has the option to indicate in the comment box the specifications of the shipment, such as, for example, if he/she wants any product to be sent gift-wrapped.

When the Customer wants to finalize the purchase, he/she should select the "CHECKOUT" button in the shopping cart and go to "CUSTOMER INFORMATION", where he/she should enter his/her e-mail address and the necessary data for the shipment of the order. The customer can check the box if he/she wishes to receive news and special promotions. In this case, your email address will only be saved for this purpose and for this sole use, always for promotions related to the purchased product. In addition to entering your contact and shipping information, you will be able to review your shipping and billing information and modify it. The customer has the option to save your information for future purchases. This information will not be used for any purpose by the company nor will it be stored by the company. The only function of this option is the automatic filling of the form of the own Web to facilitate future purchases.

If you have a promotional code or an online voucher it must be included at that time to benefit from the conditions and discounts that apply to the purchase.

Next, the customer will go to the "SHIPPING" tab, where he/she will see a summary of his/her shipping and contact information, as well as the final price including shipping methods and shipping costs. Afterwards, the Customer will select the payment method among the available options and will have to enter the requested data.

To confirm the purchase the Customer must accept the Terms and Conditions of Purchase, selecting the appropriate box and proceed to its acceptance by clicking on the button "I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS" and by clicking on the button "AUTHORIZE PAYMENT", the Customer will receive an email informing him of the data corresponding to the order "Order Confirmation". The non-receipt of this message may be due to a temporary communication problem in the network or to a typing error in the e-mail address communicated. In both cases, it is advisable that you contact us through the e-mail address info@mercules.es .

1. Currency, method of payment and applicable taxes

Prices will be shown in euros or pounds. In accordance with current legislation, all purchases made on the Website will be subject to the taxes levied on the purchase. For security reasons, the Customer may not place orders exceeding 2,000 Euros or containing more than 15 items within a period of fifteen (15) working days. If the Customer is interested in purchasing more than that amount or number of items, you can contact the customer service MERCULES through e-mail info@mercules.es

MERCULES SPAIN, SL makes every effort to ensure that the information contained on its website is accurate and error free. If at any time any such error occurs, it will be corrected immediately.

MERCULES reserves the right to change the prices shown on the site without notice, but these changes will not affect the price of orders already placed by the Customer.

MERCULES accepts payments by credit or debit card (Visa, Visa Electron, Mastercard and Maestro, American Express, Diners) and Pay Pal. In accordance with Article 37 of Law 16/2009 of 13 November on payment services, the commitment to pay made through a bank card is irrevocable. By providing information about their bank card, the Customer authorizes the charge on his card.

All payments are made through a secure payment gateway that encrypts card data and PAYPAL. In order to provide maximum security to the payment system, MERCULES uses secure payment systems of leading financial institutions in e-commerce. In this sense, the confidential payment data are transmitted directly and encrypted (SSL) to the corresponding financial institution. For payment with Visa and MasterCard cards, MERCULES has introduced the SEC (Secure Electronic Commerce) service with the international 3D Secure protocol, which is distinguished by the Verified by Visa and MasterCard SecureCode marks. The Secure Electronic Commerce is an initiative whose basic principle is to guarantee the security of Internet transactions. When making the payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure e-Commerce. It will then connect to the issuing bank, which will ask you to authorize the transaction by means of a personal authentication code. The transaction will only take place if the bank issuing the credit card confirms the authentication code. Otherwise, the transaction will be rejected.

As a complementary measure to the system of "secure payment" and with the aim of collaborating in the prevention of fraud over the Internet, MERCULES reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including the cancellation of the order) so that the goods purchased are delivered in accordance with the data contained in the order.

1. Shipping and delivery of the Articles

The Articles are sold and delivered in the countries in which MERCULES is present. The country of delivery must always coincide with the Website of the country from which the Customer made the purchase.

Once the order leaves MERCULES' warehouse, an e-mail will be sent to the Customer notifying that the order is being shipped.

Orders will be shipped to the delivery address that the Customer had given at the time of placing the order, so it is important that the Customer pays attention at the time the order is placed, as it may not change the delivery address data. MERCULES shall not be liable in the event that the delivery address is incorrect or incomplete.

For security reasons, MERCULES will not send any order to PO Boxes, nor accept any order when it is not possible to identify the recipient of the order and its address.

Responsibility for MERCULES items will be transferred to the Customer at the time of delivery of the order.

1. Problems in delivery

In the event that the period indicated in the Shipping section for the shipping method selected by the Customer has elapsed without having received your order, you must bring this circumstance to the attention of MERCULES.

When the order is delivered to the Customer, it must verify that everything is in accordance with the request. If there is any discrepancy or problem with the order, you must notify MERCULES email info@mercules.es In that email the Customer must specify your personal data and order number reflecting the discrepancy or problem. MERCULES will contact the Customer as soon as possible to resolve the issue.

1. Returns

"Right of withdrawal

The User has a maximum period of 14 calendar days to exercise all or part of its right of withdrawal, in accordance with applicable law. Once these 14 days have elapsed, MERCULES does not accept returns in the exercise of the right of withdrawal of consumers.

The User shall not be entitled to withdraw from the contract of sale in the cases provided for in the Spanish regulations applicable to the consumer, and especially in the following cases:

(i) customized products made under the specifications of the Users, (ii) for health and hygiene reasons, MERCULES does not accept returns of underwear. We recommend that you read article 103 of the Spanish consumer regulation (Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the Spanish Regulation for the Defense of Consumers and Users).

The User must bear the cost and the realization of the returns made in the exercise of the right of withdrawal. In this regard, the User shall: (i) notify MERCULES its willingness to withdraw the purchase before the 14th day from delivery, as well as (ii) send the product to the following address, calle Conde de Aranda, 10, 28001, Madrid (Madrid), within 14 calendar days after the communication of its willingness to withdraw from the contract.

The User may also exercise its right of withdrawal by sending the product directly to the above address within 14 calendar days from the date of delivery.

Upon receipt of the product, MERCULES will verify the conditions of the product and make the refund according to the applicable Spanish regulations.

"Reimbursement for the user

In the event that the right of withdrawal of the preceding section is exercised, the User shall be entitled to a refund of the price of the returned products and ordinary delivery charges corresponding to the most economical option offered by MERCULES, provided that the returned products are in the same condition as at the time of delivery, that they have not been used (apart from the use required to verify their suitability), washed, damaged or that the requirements of the Law and these Conditions of Sale have not been complied with.

MERCULES will not make any refund until receipt of the product, it will also verify the condition of the returned product, reserving the right not to make the refund in the event that MERCULES notices that the products purchased and returned are not the same or that the return has not been made in accordance with the Law and these Conditions of Sale.

The partial return of an order will involve a partial refund of shipping costs, which will be refunded proportionally to the value of the returned product.

MERCULES will manage the order for the refund of the price and delivery costs through the same system used by the User to purchase the products, within 48 hours from the confirmation of receipt of the returned product to the address indicated and, in any case, within a period not exceeding 14 calendar days from the User communicated its return, unless MERCULES had not received within that period the returned product. The application of the refund of the price and the cost of delivery in the User's account or card, will depend on the card and the issuing entity.

"Return of defective products

The User shall be entitled to be reimbursed the amount corresponding to the price of the defective product, the shipping costs and the cost of transport, when the delivered product is defective or does not correspond to the product ordered by the User.

In these cases, the return of the products to MERCULES can be carried out as set out in section (i) above, or by contacting MERCULES at the email or phone number available on the website. In case of defective return of the product or return of a product that does not correspond to the product ordered in the order registered by the User, MERCULES shall bear the cost of transportation of the return of the products, provided that the return is made from the same country where the delivery was made.

1. Warranty of the products

The products have the legal guarantee of lack of conformity revealed during the 2 years after delivery in accordance with the provisions of the applicable regulations. The user must inform MERCULES of this lack of conformity within 2 months since they knowledge it.

The warranty offered corresponds to that established in the Royal Legislative Decree 1/2007 of 16 November, for the Defense of the User and Consumer.

The warranty does not include deficiencies due to negligence, blow, use, improper handling or any use not suitable for its purpose. Products modified and repaired by the User shall be excluded from the warranty.

1. Customs Information

When the User places an order for products on the Website for delivery to a country outside the European Union, he/she may be liable to pay import duties and taxes, which will be charged at the time the package arrives at the destination. Any additional amount due corresponding to the customized shipment shall be borne by the User. MERCULES has no control over these amounts. Custom policies vary significantly from country to country, therefore, we recommend that you contact your local Customs Brokerage. Remember that when registering an order with MERCULES, formally the Law considers the User as an importer and must comply with all applicable Laws and Regulations in the receiving country. We also want to remind our international users that the international shipment is subject to inspection and opening by customs authorities.

1. Liability and disclaimer of liability

Without prejudice to the provisions of the applicable Law and Regulations, the liability of MERCULES in relation to the products purchased through the Website shall be limited to the purchase price of such products.

MERCULES shall not assume any liability arising, inter alia:

1. a) For the use that the User may make of the materials on the Website, in violation of the intellectual or industrial property rights of the Website or third parties.
2. b) For any damage caused to Users as a result of normal or abnormal operation of the search tools, the organization or location of the contents and / or access to the Website and, in general, errors and problems caused in the development or instrumentalization of the technical elements that the website or the program gives the user.
3. c) From the content of those pages to which Users can access from links included on the Website, authorized or not.
4. d) Of the acts or omissions of third parties, regardless of these third parties, could be contractually bound with MERCULES.
5. e) Access by minors (under 16 years) to the material included on the Website, being the responsibility of their parents or guardians the proper control of the activity of their minors in charge or even the installation of any control tool to prevent access to the material and the sending of personal data without the prior consent of the adult in charge.
6. f) Errors and delays in accessing the Website by the User at the time of entering information in any form, the slowness or impossibility of receipt by the recipients of the confirmation order or any anomaly that may arise when these events were due to Internet problems, unforeseen circumstances or force majeure and any other unforeseeable contingency, outside the faith of MERCULES good.
7. g) Of the failures or incidents that may occur in the communication, deletion or incomplete transmission, so that the operability of the Website is not constant guarantee.
8. h) Errors and damage caused to the website by the ineffective use of the user or bad faith.
9. i) Non-operability or problems in the email address provided by the User for sending the confirmation order.

MERCULES shall be obliged to resolve any problems that may arise and offer the User all the assistance required to reach quick and satisfactory solutions to the incidents of the Website.

1. Personal Data

To purchase MERCULES items, it will be necessary for Customers to provide personal data, which must be true, accurate, current and complete, which will be processed by MERCULES, for the purposes and for the time described in the Privacy Policy.

Customers will have at all times the right to exercise the rights set out in our Privacy Policy by sending a message detailing the right you wish to exercise the email to info@mercules.es or by calling the phone number 946125663

For more information please read our specific section on Privacy Policy.

1. Partial Nullity

The declaration of any of these general conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties.

The waiver by any of the parties to demand at any given time the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfillment of any other condition or conditions, nor shall it create an acquired right for the other party.

1. Notices

Some of the information or communications sent to the Client will be in writing and electronic and through the web. By using this website, the Customer agrees that communications will be electronic. For contractual purposes, the Customer consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent to the Customer electronically comply with the legal requirements of being in writing. This condition shall not affect your rights under applicable laws. Notices shall be deemed to have been received and properly made the instant they are posted on the website, 24 hours after an e-mail is sent, or three (3) business days after the postmark date of any letter.

1. Customer Service

If the Customer has any questions about the Web Site, items, the order, shipments, returns, or any other communication or questions, you can contact us in the following ways:

" by telephone at the number 946125663. Monday to Friday from 10:00 am to 20:00 pm.

"By e-mail to the address info@mercules.es.

"By mail, to the following address: Av/ Neguri, 9. 48992, Getxo (Spain).

1. Jurisdiction and applicable law

The present conditions shall be governed by Spanish law. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this contract, the parties submit to the Spanish Courts and Tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.

© Copyright 2018. MERCULES SPAIN, SL Registered in the Mercantile Registry of Madrid. Volume 32.794, Folio 81, Sheet M-589491 and CIF B-87112264.