Terms and conditions of the purchase
A. General Information
The ownership and the property of this website www.mochita.es (Web Site) belongs to: Svetlana Kolpikova Bala, NiF 20918557B, contact address: La Boga Street nr 9, 35119, Pozo Izquierdo, Spain
This document (as well as the other mentioned here documents) regulate the conditions of use of this Web Site (www.mochita.es) and the purchase or aquisition of the products and services offered on it (Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Mochita through the Website includes:
Marketing and distribution of Mochita clothing and accessories and of other brands that authorize it, sale and distribution of direct digital printing on vinyl products, wrapping and other products related with the business activity of the owner of the website.
Likewise, the User is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the time the purchase of products and / or services is requested.
For all the questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or using the contact form.
II. The User
The access, navigation and use of the Website, confers the condition of User, for which reason, from the beginning of the navigation on the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, however, depending on every particular case or situation, mandatory legislation may be applied.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchase. If there is a reasonable suspect on the fact that such a purchase was made, it could be canceled and the relevant authorities would be informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years old and to have sufficient legal capacity to contractually bound himself via this Web Site.
This Web Site is addressed mainly to the Users located in Spain. Mochita does not guarantee that this Web site will follow the legal requirements of other countries, as a whole or in any part. If a User is resident of any other country, his access to the Web and navigation will be under his own responsibility, and the User must make sure that this access and navigation fulfil the requirements of the local legislation. Mochita does not assume any responsibility that may derive from this access and does not guarantee the shipping and services out of Spain.
The User may, at his choice, formalize with Mochita the contract of aquisition of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
III. Of online purchase. Purchase or acquisition process.
Users can buy on the Website using the established means and forms. They must follow the online purchase and / or acquisition procedure of www.mochita.es, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Place the order"
The User must also fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
The User will receive an email confirming that Mochita has received their order or purchase request. The User will also be informed by email when his purchase is shipped.
Once the purchase procedure has concluded, the User agrees that the Website generates an electronic invoice that will be sent to the User through email. The User can, if wishes, obtain a copy of the invoice in paper, requesting it from Mochita using the contact forms on the Website or the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or an image of it on its page of the Website, indicating, for example: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / o cost of benefits; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Mochita through the Website are subject to the availability of the products and / or to the fact that no circumstance or force majeure (clause nine of these Conditions) affects their supply. If there are difficulties regarding the supply of products or if there are no products in stock, Mochita agrees to contact the User and refund any amount that may have been paid in advance.
V. Prices and payments
The prices displayed on the Website are the end prices, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different treatment is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Mochita performs delivery and / or shipping services through: Correos.
The Website will never add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods are: credit or debit card, Paypal and bank transfer.
Mochita uses all possible measures to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. The Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if this entity does not authorize the payment, Mochita will not be responsible for any delay or failure of the delivery and may not formalize any contract with the User.
Once Mochita receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in the accorded terms and place of delivery.
If the payment method is Paypal, the charge will be made at the time that Mochita sends a confirmation of the purchase to the User.
By clicking on "Place the order", the User confirms the payment method.
Purchase or acquisition orders in which the User selects the bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation in order to provide enough time for the bank transfer to be taken into account by the system. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Mochita will not be able to validate the order, which will be canceled.
VI. Deliveries and returns
In case the physical delivery of the purchase is possible, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.
Except for those cases in which there are unforeseen or extraordinary circumstances or those derived from the personalization of the products, the purchased order will be delivered within the period indicated on the Website (generally from 7 to 14 working days), depending on the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, attributable to Mochita, it is impossible to meet the delivery date, we will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time, he must contact Mochita to arrange delivery on another day.
If the 30 days period of delivery passed and the product was not delivered for the reasons that are not attributable to Mochita, it will be understood that the User wishes to withdraw from the contract and the contract will be resolved. As a consequence, all payments received from the User will be returned, except the additional costs that may occur if the User chooses a different from the one offered in the Web Site delivery method. This will be done without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract was considered resolved.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
Once the product is delivered, the risks on the damage of the product will pass to the User. The User acquires ownership of the product when Mochita receives full payment of all amounts due, including shipping costs, or at the time of delivery, if it takes place after the payment.
If the delivery address is located in Spain, except the Canary Islands, Ceuta and Melilla, the Spanish VAT should be applied. In deliveries in the Canary Islands, the IGIC will be applicable. The applicable VAT and IGIC rate are determined by the current legislation and the rate will depend on the type of the product. Mochita is located in the Canary Islands, so the deliveries within the territory of the IGIC application will be automatically added to the total net amount of the purchase and managed by Mochita.
For purchase orders placed outside Spanish territory, if the delivery address is in the European Union, the VAT of the delivery state will be applied. Mochita is not responsible for the accrual, quantification, collection and entry of this VAT tax on behalf of the User, so the User will be responsible for customs management and payment of its costs and of the tax. These orders will be sent exempt from IGIC or VAT.
In orders that should be delivered to Ceuta and Melilla, Península and Baleares, deliveries will be exempt from IGIC by application of the provisions of current legislation, the taxes and tariffs that correspond to these tax zones will be applied in accordance with the legal regulations. It may occur that taxes and custom clearance procedures are applied in these zones and that these expenses could be on their part. In any case, for shipments to the Peninsula and the Balearic Islands, Mochita will provide the User with customs clearance management of VAT through the means offered by Correos, assuming the cost of customs clearance in the event that such clearance is necessary. If this happens, the User must contact Mochita immediately via the contact form or responding to the order confirmation email, so that Mochita can proceed with the paperwork and avoid delays in delivering the order. The user must bear in mind that in this case, the delivery time of the order will be affected by the actions of the Customs Authorities, so it may happen that the delivery times mentioned above are not met, for reasons that are out of control or will of Mochita.
For the rest of locations, other than the previous ones, the current legal regulations will be applied; The User must take in consideration that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be on their part. For further information, the User must contact the customs office at destination.
When the User purchases products on or through the Website of the owner, he is assisted by the following rights, as listed and described below:
Right of Withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, he has the right to withdraw from the purchase within 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the Mochita Website or in case that the goods that make up the order are delivered separately, within 14 calendar days of the day the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in case of a contracted service, 14 calendar days from the day the contract is concluded.
To exercise this right of withdrawal, the User must notify Mochita his decision. This may be done using contact forms on the Website or through the same email that Mochita used to confirm the order.
The User, regardless of the means he choose to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Mochita will reimburse the User for all payments received, excluding shipping costs without any undue delay and, in any case, no later than 14 calendar days from the date on which Mochita is informed of the decision to desist by the User. Mochita will reimburse the User using the same payment method that he used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Mochita may retain the refund until the products or items of the purchase have been received, or until the User presents proof of the return, depending on which condition is met first.
The User can return or send the products to Mochita at: calle La Boga 9, bajo, 35119 Pozo Izquierdo, Gran Canaria, Spain. He should send the products without any undue delay and, in any case, no later than 14 calendar days from the date on which you he informed of the decision to withdraw.
The User acknowledges that he must assume the direct cost of returning (transportation, delivery) of the goods, if any are incurred. In addition, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; underwear; Music or video CDs / DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same rules will be applied to any service that the User could contract on this Website, since this same Law establishes that the Right of withdrawal to Users will not be present when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Mochita, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used, for products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping error.
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he should contact Mochita immediately and express the nature of disagreement (defect / error) by the same email used to confirm the purchase, or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or the products replacement will be done.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
However, all the actions will always follow the indications of the legislation applicable at every moment, referring the rights of the User as customer and client.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product. Mochita is responding, therefore, for the lack of conformity of the purchased product, as stated in the current legislation, that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they comply with the description made by Mochita and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case in regard with the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore this will form part of the individual appearance of the product, and this will not be a defect. The User must take into consideration the fact that the products offered are mainly personalized and decorated manually, so they may slightly differ from one unit to another, without being considered defective or unsuitable for their use.
On the other hand, it could happen that the User acquires another brands or manufacturers product on the Website. In this case, and if the User considers that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.
In the case of textile products made using textile vinyl, and adhesives, the User must accurately comply with the care and use recommendations that are reflected on the Web and that are also reflected on the label of the garments, since precisely these recommendations will guarantee the life-term and quality of the product. In case of breach of these recommendations, the warranty on the product will be forfeited without the User being able to claim anything about it.
VII. Technical measures to correct the errors
The User is hereby informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Mochita through the contact forms enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General Information).
However, the User, before clicking on «Place order», has access to the cart, or basket where his purchase requests are written down and can make modifications.
VIII. Exception on responsibility.
Unless the law states the opposite, Mochita will not accept any responsibility for the following losses, regardless of their origin:
- any damages or losses that are not directly connected to a breach by Mochita;
- business losses (including loss of earnings, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
In the same way, Mochita limits its responsibility regarding the following cases:
- Mochita applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
- Mochita will act with the utmost diligence in order to make available to the company in charge of transporting the purchased product. However, it is not responsible for damages resulting from transport malfunctioning, especially for causes such as strikes, road delays, and in general any other specific to the sector, resulting in delays, losses or thefts of the product.
- Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Mochita puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
- Mochita will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Mochita will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- Mochita will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include , for example:
- Strikes, lockouts or other industrial action
- Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Mochita will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Mochita will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
Written communications and notices.
With the use of this Web Site the User accepts that the major part of the communications with Mochita will be done electronically (by email or published notices on the Web Site).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Mochita sends electronically comply with the legal requirements of being written. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Mochita through the contact details provided in these Conditions and, where appropriate, through the contact forms provided on the Website.
Equally, except the contrary is agreed, Mochita can contact and/or notify the User at his email or physical address provided by the User.
No waiver by Mochita to a specific right or legal action or Mochita's lack of requirement of strict compliance by the User of any of its obligations shall not mean a waiver of other rights or actions derived from a contract or the Conditions, nor shall it exonerate to the User of the fulfillment of his obligations.
No waiver by Mochita to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in a written form.
XI. Recommendations for use for textile items
Textile garments sold on this website, unless their particular description says otherwise, can only be washed in cold water. Ironing must be done with the garment inside out and with low iron temperature. Dryer is not permitted or recommended. These recommendations are based on the fact that the high temperature affects the vinyl and can cause its deterioration and even cause it to come off the garment. In case of misuse, the damage will not be covered by Mochita.
We recommend to dry the garments inside out and not under the direct sunlight, to avoid the colour brightness loss.
The caps in general are not washable, as the water and machine wash may affect their form and stiffness.. In case it is necessary to wash a cap, it should be done with damp sponge and cold water, avoiding to wet excessively the stiff parts, as por example the visor.
Don´t use solvents and alcohol directly on a printed vinyl, especially if it does not have any laminate.
Don´t use acetone on decorated garments. Don´t clean with acetone the surfaces on which you want to apply the stickers. Acetone dissolves the adhesive.
XII. About the use of the web www.mochita.es in general and the use of the designs and the images
A. General Information
To accomplish with the obligation to inform stated by the Law 34/2002 on the Services of the Information Society and Electronic Commerce (LSSI-CE), from the 11th of july, we inform that:
The ownership and the property of this website www.mochita.es (Web Site) belongs to: Svetlana Kolpikova Bala, NiF 20918557B, contact address: La Boga Street nr 9, 35119, Pozo Izquierdo, Spain
B. General Terms and conditions of use
The object of the Conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the following shall be understood as a Website: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources that may be offered to Users (hereinafter, Services).
Mochita reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated into it. The User acknowledges and accepts that at any time Mochita can interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.
The access to the Website by the User is free and, in general, it is not subject to any kind of service or payment on behalf of the User, except for the cost of connection through the supplied telecommunications network. by the access provider that the User has contracted and the cost of the products and services that are contracted by the User through the web with his prior consent.
The User´s inscription or registry may be needed to access to some contents or services on the Web Site.
The access, navigation and use of the Website, confers the condition of User, for which reason, from the beginning of the navigation on the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, however, depending on every particular case or situation, mandatory legislation may be applied. Taking in consideration the relevance of this fact, Mochita recommends the User to read these Terms and Conditions each time he visits the Website.
Mochita Web Site provides a wide range of information, services and data. The User accepts his responsibility on the correct use of the Web Site. This responsibility will be extended to:
- the use of the information, Contents and / or Services and data offered by Mochita, in accordance with the above Terms and Conditions, the law and the moral or the public order, avoiding any activity that may represent a violation of the rights of third parties or cause misfunctioning of the Website.
- The veracity and legality of the information provided by the User in the forms published by Mochita on the Web Site. The User will immediately notify Mochita about any possibility of an improper use of the data collected by these forms, for example, the robbery, loss, or unauthorized access to logins and / or passwords, in order to proceed with their immediate cancellation.
A simple access to the Web Site does not imply any commercial relationship between the User and Mochita.
The User declares to have legal age and sufficient legal capacity to be bound by these Conditions. Therefore, Mochita Website is not addressed to minors. Mochita declines any responsibility for the breach of this requirement.
This Web Site is addressed mainly to the Users located in Spain. Mochita does not guarantee that this Web site will follow the legal requirements of other countries, as a whole or in any part. If a User is resident of any other country, his access to the Web and navigation will be under his own responsibility, and the User must make sure that this access and navigation fulfil the requirements of the local legislation. Mochita does not assume any responsibility that may derive from this access.
Access to the Web and Navigation: exception on warranties and responsibility
Mochita does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Mochita will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or that it is error-free.
Neither is it responsible or guarantees that the content or software that can be accessed through this Website, is free from error or causes no damage to the user's computer system (software and hardware). In no case will Mochita be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of virus.
Mochita is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of the telecommunications that may occur.
D. Intellectual and Industrial property
Mochita itself of as an assignee, is the owner of all the rights on the intellectual and industrial property of this Web Site and the elements that it contains (for example, images sounds, audio, video, software, texts, brands or logotypes, colour combinations, structure and design, selection of used materials, computer programs necessary for its access, use and functioning, etc). Thus, these are items or works protected as intellectual property by the Spanish legislation, that includes Spanish and European laws on the subject, as well as the International Treaties in which Spain takes part.
All rights reserved. According to the Intelectual Property Law, it is prohibited to reproduce, distribute and broadcast, including provide mere availability, of all or a part of content of this Web Site, with commercial purposes, using any kind of holder or technical source, without authorization of Mochita.
In case a User or a third party considers that any of the content of the Web Site may represent a violation of the rights on an intellectual property, he should report this fact to Mochita using contact information stated in GENERAL INFORMACION of this Legal Advise and General Terms and Conditions.
XIII. Legal actions, legal regulations and Jurisdiction
Mochita reserves the right to present appropriate civil or penal actions against the misuse of the Web Site and its Content, or non-compliance of the above stated Conditions. The relationship between the User and Mochita is subject to the actual Spanish legislation. In case of any controversy regarding the interpretation and or application of the above stated Conditions, both parts accept to submit to ordinary jurisdiction of Courts and Judges that correspond according to this legislation and, in case of a doubt, to Courts and Judges of Las Palmas de Gran Canaria.
The last changes were introduced on the 22nd of March 2020