Terms of service

Scope of the contract

Below, we invite you to review the general conditions of purchase that regulate the use of the website https://thinkingmu.com and that apply to the company:

Identity:TRONCO DEL BOSQUE SL(hereinafterThinking MU)
TAX ID: B65425084
Registered office: Lepant 264, 7º, 08013 Barcelona
E-mail: shop@thinkingmu.com

2. Purpose and proof of acceptance

The purpose of these Terms of Service is to regulate the relationship between Thinking MU (hereinafter the "COMPANY") and you (hereinafter the "CUSTOMER"), regarding all transactions made through this website.

The on-line purchase of the products offered by the COMPANY through this website will be subject to the provisions of these General Terms and Conditions.

The acquisition of the products must be made through the activation of the PAY button that appears at the bottom of the page when the CLIENT finalizes the processing of his order, and express the total acceptance of each and every one of the Contracting Conditions as they are shown prior to the acquisition of the products, always visible at the bottom of the web page of the COMPANY.

From the moment of acceptance, the user acquires the status of CLIENT of the COMPANY described in these General Conditions of Contract.

3. Language

The languages in which the contract between the COMPANY and the CLIENT can be perfected are Spanish and English.

4. Information about the products

The articles offered on the Web Page are a selection of products of clothing and accessories for children, men and women that meet the same quality and warranty requirements as the products offered for sale in the physical stores. The COMPANY has full ownership of the intellectual property rights on the products contained in this website.

Each product is accompanied by the following data:

• Name of the article
• Image of the article
• Description of the article
• Sizes and colors* available
• Composition
• Washing instructions
• Retail price in euros
• Traceability

*Thinking MU has made an effort to show the colors of the garments as close to reality as possible. However, the color of the garments displayed on the screen of your device may be subject to variations depending on the quality or typology of the device. In this sense, we cannot guarantee that the colors that appear on the screen of your device are true to reality.

In addition, the characteristics of the natural materials used in the manufacture of some of the products may present variations in texture and color. These variations will not be considered as quality defects or flaws.

Special offers, promotions or discounts will be valid until the date indicated or while stocks last.

5. Purchase procedure

The articles to be purchased must be selected and added to the shopping cart by clicking on the corresponding icon.

The shopping cart will contain the reference of the selected article, its name, size, chosen color and price in euros (taxes included). The price expressed does not include shipping, whose rates will vary depending on the shipping method selected.

To make the purchase will require the personal data of the CUSTOMER, which will be incorporated into our database in order to process the order. The personal data provided by customers will be treated in accordance with the provisions of our privacy policy.

If you are a registered user you will be able to access, at any time, to the personal data provided and to the information of the orders placed.

Before placing the order, the customer will be presented with a summary of the order identifying the product(s) added to the shopping cart, its total price (including shipping and taxes) with each of the items broken down and the shipping details of the order, so that the customer can confirm the order by clicking on the button with the expression 'PAY'.

If before confirming the payment you detect an error in your order, you will be able to modify any detail of the order by clicking on the 'modify' button or add more products or delete them.

Once the order has been placed, the order number will be communicated through the website itself so that the customer can, at any time and from their device, track it.

Likewise, an automatic e-mail message will be sent to the address indicated by the customer to acknowledge receipt of the order with a description of the order and including the personal data provided by the customer.

The non-receipt of this message may be due to some transitory problem of communications in the network or a typing error in the e-mail address provided so we recommend you contact us.

Receipt of this order acknowledgement does not signify acceptance of the order by Thinking MU. All orders are subject to acceptance by the company.

Thinking MU is not obligated to accept the order and may, at its discretion, refuse to accept the order. The customer, however, acknowledges that by clicking on the "PAY" button, he/she acquires the obligation to pay for the product(s).

In this regard, the order is considered accepted when Thinking MU notifies the customer via a new email confirming that the order has been shipped. The contract between the customer and Thinking MU in relation to the product(s) ordered shall be deemed to be concluded when the customer is sent its Confirmation. The Contract shall only relate to the product(s) credited in the Confirmation. Thinking MU shall not be obliged to supply any product that has not been confirmed.

6. Availability of Products

All orders are subject to the availability of the products. If at the time the order is placed, Thinking MU detects that any of the products included in the order are out of stock in its warehouses, it will attempt to locate the product by other means that may be available to it. If it is not possible to have such availability, the customer will be notified immediately. In addition, the amount of the item charged and not shipped will be paid to the customer in the following days, by the same means of payment used in the purchase.

7. Right not to accept a product

Thinking MU may cancel any confirmed order or not accept an order placed for the following reasons:

• In case of a technical error and/or a typographical error in the prices or in the rest of the data of the products contained in the Web Page when the order was placed.
• Due to lack of availability.
• When the security systems indicate that the order may be fraudulent.
• When we have not been able to deliver the order at the address provided by the customer.
• When there is a computer attack, virus or any event due to force majeure.

In such cases, Thinking MU will fully reimburse the amounts that have been paid.

8. Prices and payment methods

8.1 Prices

The applicable prices are those indicated on the website on the date of the order.

The prices are detailed in each article and include VAT (Value Added Tax), IGIC (Canary Islands General Indirect Tax), or IPSI (Tax on Production, Services and Imports in Ceuta and Melilla), as appropriate. The amount of shipping costs is indicated to the customer in an itemized manner at the time the order is placed.

However, according to the provisions of Law 37/1992 of December 28, 1992, regulating this tax, the transaction may be exempt or not subject to it depending on the country of residence of the buyer and the condition in which the same acts (entrepreneur / professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.

In shipments made to countries outside the European Union, the COMPANY will not assume the expenses corresponding to taxes and customs duties of each country.

The offers will be properly marked and identified as such, conveniently indicating the previous price and the price of the offer.

The COMPANY reserves the right to carry out in the web, at any time and without previous notice, the modifications that it considers opportune, being able to update products and services according to the market.

8.2 Method of payment

Purchases, depending on the products to be purchased, can be paid through the means listed below:

• Debit/credit card (American Express, Maestro, Mastercard, Visa and Visa Electron).
• PayPal
• Apple Pay
• Google Pay
• Shop Pay
• Bancontact
• iDeal
• Klarna
• Bizum

9. Shipping Policy

The COMPANY sends orders to its customers via Correos Express or UPS depending on the delivery address.

If the CUSTOMER selects home delivery, shipping costs and times are as follows:

If the CUSTOMER selects delivery to a service point, shipping costs and times are as follows:

The delivery date at the CUSTOMER'S address depends on the availability of the chosen product and the shipping zone. Before confirming your order, you will be informed of the approximate delivery times. However, these deadlines may be altered by extraordinary incidents in the transport and by difficulties in the delivery of the goods.

In any case, if the CUSTOMER does not receive the order within the maximum legal period of 30 days from the contracting, he/she can contact us.

Orders are prepared and shipped from Monday to Friday in our warehouse in Barcelona, Spain.
Orders placed before 09:00 are usually shipped the same day. Orders placed after 9:00 are generally shipped the next business day.
No shipments are made on Saturdays, Sundays or national holidays.

If the CUSTOMER is in Barcelona he/she can pick up the order within 1-3 days directly in our physical store without any additional cost.

Thinking MU Rosselló Store
Rosselló 220
08008 Barcelona, Spain
Phone +34 691 18 82 74

Customs

With the exception of the United Kingdom, customs duties for deliveries outside the European Union are not included and must be paid to the shipping company upon receipt of the order.

In the event that the COMPANY does not have stock, the CLIENT will be duly informed as soon as possible.

10. Return and exchange policy

Items must be returned in their original condition, along with any accessories related to them, not being able to be used, washed or damaged and with their original tags.

For hygienic reasons underwear can not be returned.
Our swimsuits do not have a hygiene seal, so we would be grateful if the CUSTOMER could try them on over the underwear. In case they are returned with any kind of stain they will not be accepted.

There are different procedures for exchanges, returns and cancellations:

Returns

To proceed to the return of an item purchased in the online store, the CLIENT must request the return through our returns and exchanges portal and send the return within a period not exceeding 30 calendar days* following the purchase of the product .
*20 calendar days for orders placed from the UK.

Return options are:

• Collection point return.

• Return at home
  
  If the CUSTOMER does not have a collection point nearby, can request the return with home collection to shop@thinkingmu.com, indicating the day of collection (Monday - Friday) and the time slot (minimum 4 hours).
  You can also request the collection yourself through the UPS portal or by contacting UPS Customer Service, informing the tracking number that you will find on the return label.
  The costs of return at home are the same as at the collection point.
• Return in store More sustainable option!
  
  The CUSTOMER can make the return at any of our own physical stores at no extra cost while helping to reduce CO² emissions produced by transport.
  
  Thinking MU Rosselló Store
  Rosselló 220
  08008 Barcelona, Spain
  Phone +34 691 18 82 74
  
  Thinking MU Barquillo Store
  Barquillo 23
  28004 Madrid, Spain
  Phone +34 625 18 40 50

Exchanges

Size exchanges are available for European Union countries. The CLIENT may request it through our returns and exchanges portal and return the product within a period not exceeding 30 calendar days following the purchase of the product.

Once received, we will proceed to send the new size.
Both the return and shipping of the new size are free.

Refund

Once we receive the return, we will proceed to the refund in the same payment method that the CUSTOMER used at the time of purchase and we will notify you by email.

It may take up to 10 business days for the refund to appear in the CUSTOMER's account, depending on the payment method. Your bank or debit/credit card company may take some time to process and post the refund as well.
If after 15 business days the CUSTOMER has not received the refund, the CUSTOMER may contact us at shop@thinkingmu.com.

If the CUSTOMER paid with a gift card, the refund amount will be returned as a credit to the gift card used at the time of purchase.

Returns of erroneous or defective products.

In the event that Thinking MU has mistakenly sent a product different from the one ordered, the quality of the product sent is not adequate or the product does not conform to the contract, the product will be replaced or the amount of the returned product and the shipping costs incurred (if the order was for a single item) will be refunded in full.

11. Withdrawal

The CUSTOMER shall have a period of 14 calendar days from receipt of the goods to terminate the contract.

THE COMPANY guarantees the CUSTOMER the possibility to cancel his order at any time and without any cost as long as the cancellation is communicated before the order has been made available to the carrier for shipment.

Otherwise you must wait to receive the order to exercise the right of withdrawal. In this case, as our products do not have a hygiene seal, underwear and swimwear cannot be returned.

To exercise the right of withdrawal, the CUSTOMER must notify the COMPANY through the mail shop@thinkingmu.com its decision to withdraw from the contract through an unequivocal statement.

THE COMPANY will communicate without delay on a durable medium the acknowledgement of receipt of such withdrawal.

If a product other than the one ordered by the CUSTOMER was delivered by mistake of the COMPANY, the correct product will be delivered to the CUSTOMER, collecting the first one, without any additional charge to the CUSTOMER.

If a product has reached the customer broken, damaged or in poor condition, the COMPANY will be responsible for collecting it at home, replacing it with another in good condition, without additional charges.

12. Legal guarantee and responsibilities of the company

The products are covered by a legal guarantee of two years against lack of conformity under the provisions of the General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007 of 16 November).

Under this Law, the consumer has the right to claim against the seller and, in certain cases, against the manufacturer for any lack of conformity that exists at the time of delivery of the good within the terms and conditions set forth therein.

If the lack of conformity of the product becomes apparent during the first six months, it is understood that the failure already existed when the product was delivered, unless the contrary is proven or when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

If the lack of conformity becomes apparent after these first six months, it will be up to the CUSTOMER to prove that the defect is of origin in order to be covered by the legal warranty.

The CUSTOMER is obliged to report possible defects and non-conformities within two months of their detection.

In case of non-conformity, we will proceed, at our expense, to restore the conformity of the product by repair/replacement or price reduction, as provided for by the current legal provisions.

Warranty assistance requires the presentation of the purchase invoice.

The CUSTOMER has a customer service and after-sales service. For any clarification, incidence or claim, or any communication that is necessary, it will have to be directed through the e-mail shop@thinkingmu.com.

13. Responsibilities of the CLIENT

The CLIENT undertakes to make a lawful use of the services, without contravening the legislation in force, or harming the rights and interests of third parties.

The CLIENT guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding causing damages to the COMPANY as a result of the incorrectness of the same.

Failure to comply with any of the Contracting Conditions may result in the non-acceptance of an order and therefore the non-delivery of a product.

14. Customer Service

For any consultation, incidence, complaint or claim after the acquisition of the products, you can contact us through the e-mail: shop@thinkingmu.com.

15. Online dispute resolution platform

In compliance with the obligation to inform consumers established in Art. 14 of Regulation (EU) 524/2013 on Online Dispute Resolution in Consumer Matters Thinking MU informs you that the European Commission provides an online dispute resolution platform that is available at the following link and where you can put your claims to try to reach an out-of-court settlement, if you reside in the EU.