Terms and Conditions

TERMS OF SALE: WWW.MOKIATOSPORTS.COM

  1. INTRODUCTION

This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website ( www.mokiatosports.com) and the purchase of products on it (hereinafter, the "Conditions" ). We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and with the Data Protection Policies Data, you should not use this website.

If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our contact channels.

  1. OUR DATA.

The sale of items through this website is carried out under the name MOKIATO by DIPOVIPS, SL, a Spanish company with registered office at Polígono Industrial del Camí dels Frares, C/ Alcarras Parc.68 - Nave 4, Lleida - Spain with NIF B25798323, with telephone 973 525 831 and email marta@mokiato.com

  1. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

  1. USE OF OUR WEBSITE

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

  • Make use of this website only to make legally valid inquiries or orders.
  • Do not make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
  1. SERVICE AVAILABILITY

The items offered through this website are only available for shipment to European territory.

Mokiato reserves the full right not to accept an order and not to ship depending on the area, notifying the customer in advance and, if possible, offering an alternative or solution.

Both shipping and return costs may vary depending on the area from which the purchase is made.

  1. OFFER AND VALIDITY

In the case of a product on sale, the offer price and its validity will always be indicated along with its essential characteristics.

In compliance with current regulations, Dipovips SL offers information on all items for sale, their characteristics and prices.

However, Dipovips SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing its content. In this way, the products offered at any time by the web will be governed by the General Contract Conditions in force in each case.

Likewise, the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.

  1. ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

The products offered in our online store incorporate a photograph and its essential characteristics, this is the information obtained from the manufacturer itself.

The color of the product, observable in the photograph, is not binding.

It is identified in the characteristics.

  1. GUARANTEE

All the products offered on the website enjoy the commercial guarantee of the supplier thereof. Dipovips SL has an after-sales service, while the guarantee is in force, the customer may execute it by contacting the Dipovips SL establishment, the after-sales service, by email at marta@mokiato.com or to the points established by the provider itself.

In case of doubt, you can contact the customer service phone or by email marta@mokiato.com

  1. PRICES

All products indicate the sale price in Euros and include Value Added Tax (VAT). If any other tax were applicable, it would be so indicated.

  1. SHIPPING COSTS

Dipovips SL only ships in Spain, Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom.
The costs will be €5.50 and €9.95 in the Balearic Islands for amounts less than €60 (Peninsula) and €90 in the Balearic Islands. In other words, shipping will be free in Spain - Peninsula from €60 of purchase and €90 in the Balearic Islands.

Shipping will be more than €10 to other countries.

Shipping costs include transport, insurance and customs clearance at origin. For deliveries to countries outside the European Union, customs charges at destination and other taxes (tariffs) are not included; It will be the recipient who will have to pay them in cash in order to receive the merchandise.

The recipient will be responsible for all import costs and taxes generated at the customs office of destination, whether the merchandise is delivered to him or not.

An attempt will be made to send the order in the shortest possible time, but the recipient must take into account the provisions of the country of destination for the importation of the requested items, since Dipovips SL has no responsibility for them.

  1. ORDER DELIVERY

Once the Shipping Confirmation has been sent, the Product will be delivered to the address indicated by the user when placing the order within approximately 4-7 working days in Spain from when they leave the Mokiato warehouse. Sometimes we can take a little longer since we make all the garments one by one. Personalized garments with logos or own names cannot be returned.

Dipovips SL does not assume any responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for such purpose. effect, such as the absence of the User or the retention of the Product in Customs.

Delivery times are approximate, although Dipovips SL tries to adhere to them.

  1. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.

  1. DELIVERY

Unless there are circumstances derived from the personalization of the products or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the selected product/s within the period indicated on the website according to the selected shipping method and, in any case, , within a maximum period of 60 days from the date the order was placed.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or the option to cancel the order with a full refund of the price paid. . Please note that, in any case, we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time you or a third party indicated by you acquire material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

  1. NON-DELIVERY

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Likewise, the transport agency will explain where your order is and how to do it so that it is sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

If 15 days have elapsed since your order is available for delivery and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it successful. As a consequence of the termination of the contract, we will return all payments received by you, with the exception of the expenses derived from the shipment and the additional expenses resulting from the management of the delivery, without any undue delay and, in any case, in a maximum period of 30 days from when we consider the contract terminated. Please note that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

  1. TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be borne by you from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs if applicable, or at the time of delivery, if this occurs at a later time.

  1. PRICE AND PAYMENT

The prices on the website include VAT and shipping costs, unless otherwise indicated on the product detail page.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent an Order confirmation.

Once you have selected all the items you wish to purchase, they will be added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. In addition, if you are a user, you have a detail of all the orders made in the My Account section.

You can use the cards indicated on the payment page of the web as a means of payment. Likewise, you can pay all or part of the price of your purchase with a gift card or credit card issued by Dipovips SL

By clicking on "Authorize Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit or debit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you. .

  1. SHOP AS A GUEST

This website also allows purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order.

During the purchase process, you will be offered the possibility to register as a user or continue as a non-registered user.

  1. VALUE ADDED TAX AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

  1. RETURN POLICY

19.1 Legal right to cancel the purchase

As specified in Articles 65 et seq. of Royal Legislative Decree 1/2017, any user who as a consumer and user purchases a product for consumption has the right to withdraw from the contract within a period of 14 calendar days without the need for justification. The cost of the return will be at your expense or you will manage the shipment or we can do it with our postage of €5.50.- if it is sent to the peninsula or a little more outside of it.

Taking into account the nature of the product and the exclusive manufacture for the client, this may consider the product limited or personalized and following what is specified in Article 103 of the decree mentioned above, the consumer and user does not have the right to withdrawal.

19.2 Size change

In cases where you consider that the size of the purchased product does not meet your needs, you may request a size change in the relevant section of this website or by contacting our customer service department. You have a period of 15 days from the time you received the product to change the size. To make a size change, you must select the size for which you wish to change the purchased product, provided that (i) it is the same product, (ii) it is the same model (reference number), (iii) you present a amount equal to or greater than the first product purchased and (iii) certain means of payment have been used. Please note that this option will only be displayed when the above conditions are met. Keep in mind that the change of size can generate costs for transport and management.

Once the size change has been requested, you must deliver the product through a messenger/Courier that we will send to your address. In any case, you must deliver the product without undue delay and, in any case, within a maximum period of 14 calendar days from the request for the change.

Remember that, once 14 days have elapsed from the request for change through the channels indicated above, if you have returned the product purchased in the first place through the means that Mokiato makes available to you, we will be authorized to pass on the corresponding costs. to the new order placed, subject to the provisions of the Purchase Conditions.

The first size change will be FREE . If there are two in the same order, the shipping cost will be €5.50.-

19.3 Returns of defective products

In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you should contact us immediately through our contact channels, providing the product information, as well as the damage suffered, or by calling the number 973 230 693 where we will indicate how to proceed.

You can return the product by delivering it to a courier that we will send to your address when you request the collection.

We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund for the replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned due to some flaw or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.

In any case, the rights recognized by current legislation are protected.

19.4. Returns in the Canary Islands, Ceuta and Melilla

If you wish to change or return a product that had been delivered to the Canary Islands, Ceuta or Melilla, you may request it through the communication channels established on the website, being aware that shipments and returns from these areas follow special return conditions, in which the shipping cost may be higher and the return costs may be required from the consumer.

Mokiato, in any case, reserves the right not to place or accept orders from certain areas.

  1. GUARANTEE

If you contract as a consumer and user, we offer you guarantees on the products that we market through this sales channel, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested. within two years from the delivery of the product.

The products are understood to be in accordance with the contract provided that (i) they conform to the description made by Mokiato and possess the qualities and qualities that Mokiato has expressed on the website, (ii) they are suitable for the uses to which they ordinarily products of the same type are intended and (iii) present the usual quality and benefits of a product of the same type that are fundamentally expected. If any of the products does not comply with the contract, you must contact us through the usual contact channels.

The products that are sold on the website are made and elaborated in an almost handmade way and can often present special characteristics of their materials or preparation. These characteristics, such as variation in the fabrics, in the texture, in the knots or in the color, will not be considered defects or flaws. On the contrary, their presence should be appreciated and enjoyed.

  1. LIABILITY AND RELEASE OF LIABILITY

Except as expressly provided otherwise in these conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin: loss of income or sales, loss of business, lost profits or loss of contracts, loss of provided savings, loss of data and loss of management time or office hours.

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is expressly establish otherwise in it.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY.

You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the materials or content provided as part of the website correspond to Mokiato at all times or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us the license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or personal data.

  1. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this web page, the server on which said page is hosted or any server, computer or database related to our web page. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

  1. LINKS FROM OUR WEBSITE

In the event that our website contains links to other pages and materials from third parties, these resources are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

  1. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contact, notification, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

  1. NOTIFICATIONS

The notifications that you send us must be sent through the communication channels indicated on our website or in these conditions.

It will be understood that the notifications made by Mokiato have been received and correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and was duly delivered to the post office or in a mailbox and, in the case of an email, that the It was sent to the email address specified by the recipient.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transmit a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We can transmit, assign, encumber, subcontract or in any way transfer a contract to any of the rights or obligations derived from it, at any time during its validity. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law, nor will they nullify, reduce or limit in any other way the guarantees, both express and tactical. , that we could have given him.

  1. EVENTS OUTSIDE OUR CONTROL.

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control (“Cause of Force Majeure”).

Causes of Force Majeure will include any act, event, failure to perform, omission or accident that is beyond our reasonable control and, among others, the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  5. Inability to use public or private telecommunication systems.
  6. Acts, decrees, laws, regulations or restrictions of any government or public authority.

It will be understood that the obligations are suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite said cause.

  1. RESIGNATION

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a contract or these conditions or the lack of exercise on our part of the rights or actions that may correspond to us under of said contract or of the conditions, it will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract of the conditions. No waiver on our part of any of these conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

  1. PARTIAL NULLITY

If any of these conditions or any provision of a contract are declared null and void by a final resolution issued by competent authorities, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

  1. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge having consented to the execution of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned in the present conditions.

Neither you nor we will have an action against any uncertain statement made by the other party, verbal or written, prior to the conclusion of the contract and the only action available to the other party will be for breach of contract in accordance with the provisions in the present conditions.

  1. RIGHT TO MODIFY THESE CONDITIONS.

We reserve the full right to modify the Terms and Conditions. The modifications introduced will not be retroactive.

If you do not agree with the modifications introduced, we recommend that you do not use our website.

  1. APPLICABLE LAW AND JURISDICTION

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

Any controversy that arises or is related to said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

  1. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS.

Your comments and suggestions will be welcomed. We ask that you send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal address indicated in these conditions.

Your complaints and claims before our customer service will be addressed as soon as possible, and in any case, within the legally established period.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address info()mokiato.es in order to request a solution.

  1. CONTACT.

You can request all the information you need with the use of the Web, you can also contact through:

Tel. 973 230 693 from Monday to Friday from 9:00 a.m. to 3:00 p.m. (Except holidays and local festivals)

E-mail: marta@mokiato.com