General conditions

General conditions

  • Ownership of the domain www.MOCOSA.es

In compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), we inform you that the ownership of the domain of our virtual store, www.mocosa.es, corresponds to CASMAR 95 S.L. company legally constituted with NIF.:B81752842 Registered in the Madrid Mercantile Registry in 1997. For any questions, you can contact CASMAR 95 (mocosa) at the e-mail: daoiz@casmar95.es

Product with utility model and mocosa brand owned by CASMAR95 S.L.

  • Purpose and scope of application.

The present General Conditions of contracting and use are intended to regulate the provision of the information provided in the online store of mocosa (casmar95), as well as the commercial transactions that arise between mocosa (casmar95) and the users of the domain www.mocosa .it is. Both the navigation through the online store and the acquisition of any of the products offered in it, imply the acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contracting and use. Mocosa may at any time and without prior notice, modify these general conditions of contracting and use, as well as the particular conditions that, where appropriate, are included, by publishing said modifications in the store so that they can be known by users, and the date of said modifications being recorded.

  • Information provided on the website.

We make every effort to offer the information contained in the website truthfully and without typographical errors. In the event that at any time an error of this type occurs, at all times beyond the control of www.mocosa.es, it will be corrected immediately. In the same way, it is possible that the contents of the website may show, at times, provisional information about some products. All contractual information on www.mocosa.es is displayed in Spanish (Castilian), and communication with customers and users, as well as the formalization of the contract, will be carried out in that language.

  • Intellectual and industrial property.

All the contents published in the store and especially the designs, texts, graphics, logos, icons, buttons, as well as the software, trade names, trademarks or industrial drawings and any other signs susceptible of industrial and commercial use are subject to rights. intellectual and industrial property of Mocosa or of third party owners who have duly authorized their inclusion on the website. In no case will it be understood that any license is granted or that a waiver, transmission, total or partial transfer of said rights is made, nor is any right or expectation of right conferred, and especially, alteration, exploitation, reproduction, distribution or public communication about said contents without the express prior authorization of Mocosa or the corresponding owners.

  • Liability of Mocosa

The products presented on the website are in accordance with Spanish legislation. Mocosa’s responsibility cannot be invoked in the case of products that do not comply with the legislation of the countries to which they may have been sent based on the customer’s order. It is therefore up to customers outside of Spain to verify the possibility of importing or using the products that they request. The user assumes all responsibility derived from the use of our website, being solely responsible for any direct or indirect effect that derives on the website, including, but not limited to, any adverse economic, technical and / or legal result, as well as the defrauding of the expectations generated by our website, the user being obliged to hold Mocosa harmless for any claims derived, directly or indirectly, from such events. Mocosa is not responsible for damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of users, motivated by external causes to Mocosa, that prevent or delay the provision of services or navigation through the store, or delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or the impossibility of providing the service or allow access for reasons not attributable to Mocosa, due to the user, third parties, or in cases of force majeure. Mocosa does not control, in general, the use that users make of the website. In particular, Mocosa does not guarantee under any circumstances that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently.

  • Obligations of clients and users.

In general, the user undertakes to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or impair its normal functioning, the goods or rights of Mocosa, its suppliers, the rest of the users or in general of any third. Mocosa is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age. Specifically, and without implying any restriction on the previous section during the use of the website www.mocosa.es, the user agrees to:

a) Provide truthful information about the data requested in the user registration or order form, and keep them updated.

b) Not to introduce, store or disseminate on or from the website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or that of any form violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations.

c) Not to introduce, store or disseminate through the store any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, in any of the services, or in any of the equipment, systems or networks of Mocosa, of any other user, of Mocosa’s suppliers or in general of any third party.

d) Diligently save the “username” and “password” provided by Mocosa, assuming responsibility for damages that may arise from improper use of them.

e) Not to carry out advertising or commercial exploitation activities through the website, and not to use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.

f) Not to use false identities, or to supplant the identity of others in the use of the website or in the use of any of its services, including the use, where appropriate, of passwords or access codes of third parties or in any other way

g) Not to destroy, alter, use for their own use, disable or damage the data, information, programs or electronic documents of Mocosa, its suppliers or third parties.

h) Not to introduce, store or disseminate through the store any content that infringes intellectual property rights, industrial or business secrets of third parties, nor in general any content that does not hold, in accordance with the law, the right to make it available to third. The customer agrees to enable the delivery of the requested order by providing a delivery address where the requested order can be delivered within the normal hours of delivery of goods. In case of breach by the client of this obligation, Mocosa will not have any responsibility for the delay or impossibility of delivery of the order requested by the client.

In the same way, and with respect to the use of the products marketed by Mocosa, the user is solely responsible for the use of those in a responsible manner and in accordance with the destination for which they are marketed. Extreme caution must be exercised when the use affects children or minors.

  • Privacy and protection of personal data.

For the purposes of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, as well as in R.D. 1720/2007 of December 21, which approves the regulation that develops the L.O. 15/1999, Mocosa informs you of the existence of a personal data file created by and under the responsibility of CASMAR95 with the data obtained. The purpose of this file is to manage your contractual relationship with us, as well as to carry out promotional and advertising activities of our own or of third parties by any means, including email, and postal mail etc., that may be of interest to you, from the study and segmentation of the data collected, of the data provided by filling in any form, as well as those derived from the commercial relationship or delivery of the purchased products. If you do not want to receive advertising, you only have to enter your account and deactivate the sending of the Newsletter and information. In compliance with the provisions of Organic Law 15/1999 of December 13, customers and users of www.mocosa.es and www.casmar95.es can, at any time, exercise their rights of access, rectification, cancellation and opposition about your personal data by communicating it in writing to: CASMAR95 SL Customer Service by sending an email to the address marti@casmar95.es, where the name and surname, username and email with which you registered will be indicated. In the event that the data provided is associated with a purchase, Spanish law requires us to keep it for at least six years, so it cannot be erased or rectified even if the customer requests it. Mocosa undertakes to use the data included in the file, to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to save it and adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with what is established in the Regulation of Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11. Our secure server guarantees the privacy of the data you transmit to us.

  • Cookies.

We also inform you that to improve your browsing experience, manage the content of your basket, offer you our personalized advice, and inform you online of our offers for clients or partners, our website uses cookies implantation devices and IP storage. The cookie is a file that we deposit on your computer, and whose sole purpose is to simplify your browsing on www.mocosa.com (this cookie cannot contain viruses or be executed, because it is not an active file). The cookie can only be read by Mocosa and you, and you can delete it if you wish, by accessing your browser options. Consult the help menu for more information.

  • Shipping costs.

Shipping, management and insurance costs are included in the price and will be shown to you before finalizing your purchase, depending on whether the shipping address of each order is greater than € 100 (free shipping). If the purchase does not exceed € 50, the shipping costs are € 6. For the shipping costs to the Canary Islands, Ceuta, Melilla and areas not belonging to the European Customs Union, they do not include import costs (tariffs), which will be paid in cash at destination by the recipient of the merchandise.

  1. Completion of the order.

To place an order, it is necessary to connect to www.mocosa.es or go to one of our distributors, filling in the electronic form that appears in the store at all times and following the instructions indicated therein (info@mocosa.es). To proceed with the purchase of products, you must add the product you want to purchase to the email with reference number and measurements, we will contact you and we will make the most personalized purchase. The prices and offers presented on the website are valid only and exclusively for online orders placed at www.mocosa.es, and may not coincide with the prices and current offers in other stores associated with Mocosa in Spain. The validation of the order by the client expressly implies knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by dencanto constitute proof of the set of transactions carried out between Mocosa and its clients.

Mocosa will archive the electronic document in which the contract is formalized and it will be accessible. Once the purchase has been made and in the shortest possible time, always within 24 hours of the execution of the purchase, the Mocosa Customer Service will send you a proof of purchase by e-mail.

Once the order is received, as they are personalized products, they will have 15 days to return it, the shipping cost being paid by the customer, once the term has passed, returns are not allowed except in case of defects in the raw material of the product.

  1. Availability of the products.

The selection of products offered on www.mocosa.es is valid as long as the products are visible on the website, with the available stock limits. If the merchandise is in stock, the approximate term is 3 days upon receipt of payment. If, on the other hand, we do not have stock, we will manufacture the product, estimating an approximate period of 30 days. To these we must add the delivery times that the transport operators with whom we work may have. These deadlines are calculated on working days -from Monday to Friday- since Mocosa does not carry out expeditions on holidays, Saturdays, or Sundays. The indicated delivery times are indicative. In the event that there is a shortage of stock or specific unavailability of an item, Mocosa will contact you to notify you immediately and give you a new delivery period. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.

  • Shipping methods and terms.

The products are sent to the shipping address that you have indicated in the order. In the case of placing an order for several items with different availabilities, the delivery time will take into account the longest expected delivery. In exceptional cases, Mocosa reserves the right to break down the order, sending available items and leaving unavailable items pending for a second shipment. In this case, the second shipment is made without any additional cost. We propose different shipping methods to send your order in the most comfortable and appropriate way for your needs. From 4 to 8 days the delivery time may arrive depending on all the above. From your shipping email you can select the type of shipping you want based on the area, times and the delivery mode you prefer.

  • Payment methods

Mocosa offers you various means of payment so that you can choose the one that suits you best or best suits your needs. We propose payment by transfer or postage due. Mocosa reserves the right to reject any operation carried out with a credit card. In this case we will proceed to refund the cash on the original card. In these cases and if the client is interested in progressing in the purchase of the items, we will request a bank transfer. Payment by Transfer will be sent by mail to the client the account to which to make the transfer.

Beneficiary: CASMAR95 SL

Bank: BANKIA

Currency: euros

It is very important that in the SENDER or ORDERING field you indicate the following: Order number – Your name, surname and ID

You have a period of 7 working days to order the transfer after placing your order. The order will not be considered effective until we confirm the corresponding income and therefore, the delivery times begin to count from this date.

  • Right of withdrawal.

The total return of the product is only possible because it is defective in its raw material or due to an error in the realization of it by Mocosa, according to the specifications made by the client when confirming the order.

Once Mocosa receives the defective product, it will send you another. In this case, the change will always be made for the same item or reference. You will only be billed for the first shipment, Mocosa taking charge of the postage corresponding to the return and new shipment.

Product that, by mistake, does not correspond to the order confirmed by the customer: Mocosa will bear the costs of collecting the wrong product and delivering the corresponding to the order placed.

applicable legislation. Submission to jurisdiction.

The purchases made in www.mocosa.es are subject to Spanish legislation. In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction, in The one that is attended, in the case of end consumers, to the place of fulfillment of the obligation or to the domicile of the buyer. In the event that the purchasing party is domiciled outside of Spain, or in the case of a sale carried out by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid capital (Spain ) These General Contract Conditions are updated as of November 16, 2012

  • Customer Support

info@mocosa.es