Terms of service

1 – INTRODUCTION

This document (together with the documents referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products on it (hereinafter, the “Terms”).

Please read these Terms carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms. If you do not agree with all of the Terms, you must not use this website.

These Terms may be amended. It is your responsibility to read them periodically, as the Terms in force at the time you use the website or enter into a Contract (as defined below) will be those applicable to you.

2 – OUR DETAILS

This website is owned by MARTIN ULLOA S.L.
VAT Number: B67790774
Address: Calle Bahía de Santander 89, 2A, 28042 Madrid, Spain

3 – YOUR DATA AND YOUR VISITS TO THIS WEBSITE

Any personal information or data you provide will be processed in accordance with our Privacy Policy. By using this website, you consent to such processing and you warrant that all information and data provided by you are truthful and correspond to reality.

4 – USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

  1. Use this website only to make legitimate enquiries or orders.

  2. Not place any false or fraudulent orders. If we reasonably believe such an order has been made, we shall be entitled to cancel it and inform the relevant authorities.

  3. Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent to our using this information to contact you if necessary (see our Privacy Statement).

  4. Understand that if you do not provide all the information we need, we may not be able to process your order.

  5. By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

5 – FORMATION OF THE CONTRACT

The information contained in these Terms and the details on this website do not constitute an offer to sell but an invitation to make an offer. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, you will be fully refunded.

To place an order, you must follow the online purchase process and confirm payment. After this, you will receive an email acknowledging receipt of your order (“Order Confirmation”). Please note this does not mean your order has been accepted; it constitutes your offer to us to buy one or more products. All orders are subject to our acceptance, which will be confirmed by an email confirming that the product has been dispatched (“Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be subject to the Contract. We are not obliged to supply any other product which may have been part of your order until confirmed in a separate Shipping Confirmation.

6 – PRODUCT AVAILABILITY

All orders for products are subject to availability. If there are difficulties in supply or items are out of stock, we reserve the right to provide information on substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.

7 – REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content on it. Although we will always do our best to process all orders, exceptional circumstances may arise which oblige us to refuse to process an order after sending the Order Confirmation, and we reserve the right to do so at any time at our sole discretion.

We will not be liable to you or any third party for removing any product from this website, regardless of whether the product has been sold; nor for removing or modifying any material or content on the website; nor for refusing to process an order once an Order Confirmation has been sent.

8 – DELIVERY

Without prejudice to Clause 7 regarding product availability and unless extraordinary circumstances occur, we will attempt to deliver the product(s) listed in each Shipping Confirmation within the specified delivery timeframe or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.

Delays may occur due to, among others:
– Sales and promotional periods (e.g., Black Friday)
– Product customization
– Specialised items
– Unforeseen circumstances
– Delivery area

If for any reason we cannot meet the delivery date, we will inform you and give you the option to proceed with the purchase by setting a new delivery date, or to cancel the order with a full refund of the price paid. Please note that deliveries are not made on Saturdays or Sundays.

For the purposes of these Terms, “delivery” shall be deemed to have occurred at the agreed delivery address and on the date arranged with the carrier, as communicated via SMS and/or email.

Pre-order:
The estimated delivery time for items identified as “Pre-order” is approximately 1 month from the purchase date. The specific estimated time for each pre-order item will be detailed on its product page. We are not liable if the actual delivery time differs. The customer may cancel the purchase at any time, in which case the order will be cancelled and the amount for the undelivered item refunded. Pre-order items are not in stock at the time of purchase; the order will ship once the item is available. If a single order includes both an in-stock item and a pre-order item, both will ship together when the pre-order item becomes available.

9 – INABILITY TO DELIVER

For home deliveries: if, after two attempts, delivery proves impossible, we will inform you where your order is and how to collect it. If you will not be at the delivery address at the agreed time, please contact us or the carrier to arrange delivery on another day. You will have a maximum of 15 days from the Shipping Confirmation date to arrange delivery of your order to the address provided at checkout. If after that period you have not collected your order, we will consider that you wish to withdraw from the Contract and it will be deemed terminated. As a result, we will refund the price paid for such products, less any applicable shipping and handling costs, as soon as possible and in any event within 30 days from the date on which we deem the Contract terminated in accordance with this Clause.

10 – TRANSFER OF RISK AND TITLE

The products will be at your risk from the time of delivery.

Title to the products will pass to you when we receive full payment of all amounts due for the products, including shipping charges, or upon delivery (as defined in Clause 9 above), if later.

11 – PRICE AND PAYMENT

The price of each product will be the one stipulated at any time on our website, except in the case of obvious error. Although we strive to ensure that all prices listed are correct, errors may occur. If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be fully refunded.

We are under no obligation to supply any product at the incorrect lower price (even after a Shipping Confirmation has been sent) if the pricing error is obvious and could reasonably have been recognized by you as a mistake.

Prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.

Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent a Shipping Confirmation.

Once you have selected your items, they will be added to your cart and the next step will be to process the order and make payment.

Payment may be made by Visa, Mastercard, American Express, and PayPal.

By authorizing payment, you confirm that the credit card is yours or that you are the legitimate holder of the gift card or store credit used.

Credit cards are subject to checks and authorizations by the issuing entity. If the entity does not authorize payment, we will not be liable for any delay or non-delivery, and we will not be able to finalize any Contract with you.

12 – EXCHANGES/RETURNS POLICY

12.1 – STATUTORY RIGHT OF WITHDRAWAL

In accordance with applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except for products for which the right of withdrawal is excluded under Clause 12.2) within 15 business days from delivery of your order.

In such case, you will be refunded the price paid for those products. You will bear the direct costs of returning the product.

You may evidence the exercise of your right of withdrawal in any legally accepted manner, and in any case it shall be considered validly exercised by returning the products.

This provision does not affect other rights granted to the consumer under current legislation.

12.2 – CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the statutory right of withdrawal mentioned in Clause 12.1, we grant you 30 days from receipt of your order to return products (except those mentioned in Clause 12.3 for which the right of withdrawal is excluded).

This policy does not apply to gift cards, the amount of which will not be refunded in any case. Gift cards do not have an expiry limit.

In the event of a return, you will be refunded the price paid for the returned products. You will bear the direct costs of returning the product. You must exercise your right of withdrawal by returning the products.

Our goal is your complete satisfaction; therefore, we cover the shipping costs of the first shipment in the case of an exchange on products over €80 (for additional exchanges and for returns, shipping costs are borne by the buyer).

IMPORTANT: Shipping costs for exchanges and returns of orders placed outside Mainland Spain are borne by the buyer.

12.3 – COMMON PROVISIONS

Your right to withdraw from the Contract applies only to products returned in the same condition in which you received them, with tags attached and in perfect condition. Please return the item using or including its original packaging. You must also include all instructions, documents and packaging for the products. No refund will be made if the product has been used beyond the mere opening or has been damaged; please take care of the products while in your possession.

Items must retain their original labelling and be in the same condition. The product must be returned with the shoe box and its contents in perfect condition. If the shoe box is used as the shipping box and becomes damaged as a result, the cost of the box will be deducted from the refund.

All returns made from within Spain (except the Canary Islands, Ceuta and Melilla) must be collected by our appointed carrier. Returns shipped directly by the customer will not be accepted. For exchanges or returns from the Canary Islands, Ceuta, Melilla, or international locations, please email info@muthebrandstore.com.

The first home-collection exchange for sneakers is FREE (Mainland Spain). For orders under €80, the customer must pay the corresponding shipping costs. Returns with home pickup, as well as second and subsequent exchanges, have a cost of €4.50 per parcel (up to 4 items). An additional €1 will be charged for each extra item included in the parcel (Mainland Spain).

For exchanges or returns from the Balearic Islands, Canary Islands, Ceuta, Melilla, or international locations, please email info@muthebrandstore.com.

How to return via courier: complete the online exchanges/returns form. Pack the items to be returned in a sturdy, well-sealed box. The carrier will collect the parcel at the address indicated.

After inspecting the item, we will inform you whether you are entitled to a refund. The refund will be made as soon as possible and, in any case, within 30 days from the date the item(s) are received at our warehouse. The refund will always be made using the same payment method used for the purchase.

You will receive the amount using the same payment method used at checkout within an estimated maximum of 15 days from confirmation that the return has been accepted, subject to your bank’s processing times.

If you have any questions, please contact us at info@muthebrandstore.com.

12.4 – RETURNS FROM THE CANARY ISLANDS, BALEARIC ISLANDS, CEUTA & MELILLA AND INTERNATIONAL

If you wish to exchange or return a product delivered in the Canary Islands, Balearic Islands, Ceuta, Melilla, or outside Spain, please contact us by email at info@muthebrandstore.com so we may arrange collection with a courier.

12.5 – RETURNS OF DEFECTIVE PRODUCTS

If you believe that, upon delivery, the product does not conform to the Contract, you must contact us immediately at info@muthebrandstore.com, providing product details and the defect. We will inform you how to proceed.

You may return the product by handing it to a courier sent to your address.

We will carefully examine the returned product and notify you by email within a reasonable period whether a refund or replacement is appropriate. The refund or replacement will be made as soon as possible and, in any case, within 30 days from the date we email you confirming that a refund or replacement is appropriate.

Amounts paid for products returned due to a defect, where such defect actually exists, will be refunded in full, including delivery costs incurred to deliver the item to you. The refund will be made using the same payment method used for the purchase.

This is without prejudice to any rights recognized by applicable legislation.

13 – LIABILITY AND DISCLAIMER

Unless otherwise expressly provided in these Terms, our liability in relation to any product purchased on our website is strictly limited to the purchase price of that product.

The above does not exclude or limit our liability in the following cases:
– Death or personal injury caused by our negligence.
– Fraud or fraudulent misrepresentation.
– Any matter for which it would be unlawful or illegal to exclude or limit liability.

Subject to the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Terms, we will not accept any liability for the following losses, regardless of their origin:

  1. Loss of income or sales.

  2. Loss of business.

  3. Loss of profit or contracts.

  4. Loss of anticipated savings.

  5. Loss of data.

  6. Loss of management time or office hours.

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

All product descriptions, information and materials appearing on this website are provided “as is”, without express or implied warranties.

To the extent permitted by law, we exclude all warranties except those that cannot be lawfully excluded in relation to consumers and users.

Nothing in this clause will affect your statutory rights as a consumer or your right to withdraw from the Contract.

14 – INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks, apparel design rights and other intellectual property rights over the materials or content supplied as part of the website shall remain at all times with us or our licensors. You may use such material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to copy order information or contact details.

15 – VIRUSES, HACKING AND OTHER CYBER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You must not attempt to gain unauthorized access to this website, to the server on which it is hosted, or to any server, computer or database connected to our website.

You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Breach of this clause may entail the commission of offences under applicable regulations. We will report any such breach to the competent authorities and will cooperate with them to disclose the identity of the attacker. In the event of such a breach, your right to use this website will cease immediately.

We will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging material that may affect your computer, IT equipment, data or materials due to the use of this website or the downloading of content from it or from websites it redirects to.

16 – LINKS FROM OUR WEBSITE

Where our website contains links to other websites and third-party materials, such links are provided for information purposes only and we have no control over the content of those websites or materials. Accordingly, we accept no responsibility for any damage or loss arising from their use.

17 – WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send to you be in writing. By using this website, you agree that most of our communications will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications we provide electronically meet any legal requirement that such communications be in writing. This condition does not affect your rights recognized by law.

18 – VERBAL COMMUNICATIONS (BY PHONE OR IN PERSON)

In some cases, information or communications may be provided verbally (by phone or in person). As a general rule, such information will be consistent with that provided on this website and in these Terms, and we will endeavor to leave a written record whenever possible.

If a given exchange was not transcribed, it shall be considered human error and shall not give rise to claims or compensation to the extent permitted by law. This condition does not affect your rights recognized by law.

19 – NOTICES

Notices you send us must be emailed to info@muthebrandstore.com. Subject to the provisions above and unless otherwise stated, we may send communications to you at the email address or phone number you provided when placing an order.

Notices shall be deemed received and properly served when it can be proved that the email address and/or phone number correspond to the details specified by the recipient.

20 – ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding on both you and us, as well as on our respective successors and assigns.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising therefrom without our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising therefrom in our favor at any time during the term of the Contract. For the avoidance of doubt, such transfers or assignments will not affect your statutory consumer rights nor will they cancel, reduce or otherwise limit any express or implied warranties we may have granted.

21 – EVENTS BEYOND OUR CONTROL

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

Force Majeure includes any act, event, non-occurrence, omission or accident beyond our reasonable control, including but not limited to:
– Strikes, lockouts or other industrial action
– Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
– Impossibility of use of trains, ships, aircraft, motor transport or other means of public or private transport
– Impossibility of use of public or private telecommunications systems
– Acts, decrees, legislation, regulations or restrictions of any government or public authority
– Strike, failure or accidents in maritime or river transport, postal or any other type of transport

Our obligations under the Contracts shall be suspended for the period the Force Majeure event continues, and we will have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure event to an end or to find a solution enabling us to perform our obligations despite it.

22 – WAIVER

No failure by us to require your strict performance of any of your obligations under a Contract or these Terms, nor any failure by us to exercise any rights or actions to which we may be entitled, shall constitute a waiver of such rights or actions nor relieve you from complying with such obligations.

No waiver by us of any specific right or action shall constitute a waiver of other rights or actions arising from the Contract or the Terms.

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

23 – SEVERABILITY

If any of these Terms or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.

24 – ENTIRE AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter of the Contract and supersede any prior agreement, arrangement or promise between you and us, whether oral or written.

You and we acknowledge that we have entered into the Contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing in negotiations prior to the Contract, except as expressly stated in these Terms.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such statement was made fraudulently), and the only remedy of the other party shall be for breach of contract in accordance with these Terms.

25 – OUR RIGHT TO MODIFY THESE TERMS

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

You will be subject to the policies and Terms in force at the time you use this website or place each order, unless changes must be made retroactively by law or governmental decision to such policies, Terms or Privacy Statement, in which case any changes may also affect orders previously placed by you.

26 – APPLICABLE LAW AND JURISDICTION

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

Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Spain.

If you are contracting as a consumer, nothing in this clause shall affect the rights granted to you by applicable law.

27 – KLARNA PAYMENT METHOD

In order to offer you Klarna payment methods, we may pass your personal data in the form of contact and order details to Klarna during the checkout process, so that Klarna can assess whether you qualify for its payment methods and tailor the available options for you. Your transferred personal data will be processed in accordance with Klarna’s privacy notice.

28 – COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send them to info@muthebrandstore.com.