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General Terms and Conditions

1. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS

On the one hand, the supplier of the products, Mimaar Barcelona S.L. (hereinafter also the provider), with registered office at C/. Bullidors, 9 Castellar del Vallés, 08211 Barcelona, C.I.F. B-02968352, customer service telephone 659 655 656, and e-mail: info@mimaarhandmade.com, being the owner of the website mimaarhandmade.com, exposes the contractual document that will govern the contracting of products through the website outlined.

And on the other hand, the User – Client (hereinafter the User), registered on the website through a username and password, for which he/she has full responsibility of use and custody, being responsible for the veracity of the personal data provided to the provider.

BOTH AGREE to the present document, and it entails that the user:

a. You have read, understand and comprehend the above.

b. That he/she is a person of legal age and with sufficient capacity to contract.

c. That he/she assumes all the obligations set forth herein.

d. That you have read and accept these general conditions of purchase from the moment you purchase any product offered.

This document may be printed and stored by Users.

The provider makes available to them the e-mail address info@mimaarhandmade.com to ask any questions about these conditions.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider’s website.

The Provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable to keep a copy of the data contained in the products purchased.

Mimaar Barcelona S.L. is not responsible for any loss of data, files or any damage resulting from a failure by the User to back up the data contained in the purchased products such as memory cards.

Mimaar Barcelona S.L. is notresponsible for the consequences that may result from an inappropriate use of the products for sale on the website.

The civil liability of Mimaar Barcelona S.L. for the products supplied is limited to the amount of the same, the user waives any liability to the provider for any concept in any case of dissatisfaction of the products purchased on the website mimaarhandmade.com , as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist in the computer or network of the user accessing the web.

Mimaar Barcelona S.L . is a company specialized in the distance selling of children’s clothing products.Mimaar Barcelona S.L. sells its products remotely over the Internet through its website and/or by telephone. Mimaar Barcelona S.L owns/does not own any/the physical store in C/. Bullidors, 9 Castellar del Vallés, 08211 Barcelona for the sale of products.

2. OBJECT OF THE CONTRACT

2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the moment the user accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GTC shall apply as of the day the order is placed.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.

2.2 Territory of application: The mimaarhandmade.com online store is active for all of Spain.

2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the website mimaarhandmade.com is done by email and also implies automatic acceptance of the GTC. These conditions are available on the website mimaarhandmade.com or, if you wish and request, we can make it available to you by email.

2.5. Modification of the General Terms and Conditions: Mimaar Barcelona S.L. reserves the right to make changes and/or modifications to these GTC. We advise our customers to check them regularly. In the event that such changes or modifications are made after an order has been placed, the terms and conditions in effect on the date on which the order was placed shall apply.

3. INFORMATION PROVIDED ON THE WEBSITE

mimaarhandmade.com:

3.1 Publication of prices: Exceptionally, the prices of the products shown on our website may be specified erroneously and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will immediately contact you in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will refund any amount you have already paid.

3.2 Product Information: Information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees constitutes an invitation to deal. Such information does not constitute an offer to supply any product by us.

The contents of mimaarhandmade.com are constantly renewed and updated to offer our customers the most complete and detailed information possible. Because of this, it is possible that the contents may show, on exceptional occasions, information of a provisional nature on some products. In the event that the information provided does not correspond to the characteristics of the product, the customer shall have the right to cancel the purchase without any cost on his part.

All contractual information on the website is displayed in Spanish (Castilian) and communication with customers and users, as well as the formalization of the contract, will be carried out in this language, although, if the customer so wishes, it can be done in another language, always indicating it before starting the contracting procedure.

3.3 Availability of the product(s): There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:

a) choice of an alternative product with similar characteristics to the product to be replaced;

b) the communication of its availability, in case you prefer to wait for the product to be available again in the store.

If you decline our suggestions, the order related to these products will be cancelled and any amount paid for them will be refunded.

3.4 Right of Cancellation: Mimaar Barcelona S.L. reserves this action (right of cancellation) of the shipment of a particular product that does not meet the quality requirements imposed on all products of mimaarhandmade.com. In the event that this lack of quality is detected, the Customer Service Department of Mimaar Barcelona S.L. will suggest a replacement product and, if the replacement is not to the customer’s liking, the cost of the product will be refunded.

3.5 Orders 24 hours a day, every day of the year: The reception of orders is twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after nineteen (19) hours will not be processed, remaining for the next working day at C/. Bullidors, 9 Castellar del Vallés, 08211 Barcelona. Orders received over the weekend will be processed first thing the following Monday, or first business day.

3.6 Fraud: If Mimaar Barcelona S.L. suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4. PURCHASE PROCEDURE

In order to access the products offered by the provider, the user must register through the website by creating a user account. To do this, the user must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current legislation on data protection, Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Organic Law 3/2018 of December 5, 2018 on the Protection of Personal Data (LOPDGDD) and guarantee of digital rights in accordance with the provisions of Regulation (EU) 2016/679, detailed in the Legal Notice and Privacy Policy of this website.

The user will select a user name and password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

The user may not choose as user name words that are intended to confuse others by identifying him/her as a member of the provider, as well as offensive, abusive and generally contrary to the law or the requirements of morality and decency.

Once the user account has been created, we inform you that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

1. Choose the product by clicking on it, and it will be automatically added in the “shopping cart”.

2. If you wish to add more products, you must select the “Continue shopping” option. If by mistake you have added any that you do not want, you must click on the option to remove from the shopping cart. In the shopping cart you will see the items, quantity, price and total amount. Once all the products have been selected, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

3. Once you have chosen the product(s), click on the finalize tab to place the order. When you click on this option, you will see the confirmation of the purchase (summary of the order placed, your data and chosen payment method).

4. The user will be asked to register in order to make the purchase (this registration is free), in which a data collection form must be completed (in which the user must accept the Privacy Policy and Legal Notice (and link both)). Once completed, you will receive an e-mail confirming your registration at the e-mail address provided. If you are already registered, you can access your data by clicking on the registered user button.

Please check the spam and junk mail controls in your email inbox and always verify that the contact details you provide are correct.

5. Once registered, a comments screen will appear, where you can indicate the delivery schedule; a check box to be checked as it is the acceptance of these General Terms and Conditions and the Privacy Policy.

6. To finish the process, click on the Finish button.

In any case, the provider’s contracting platform will inform the user, once the contracting procedure has been completed, via e-mail regarding all the characteristics, price, forms of transport, date of contracting and estimated delivery of the purchased product.

If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear in the web to proceed to the correction of this error.

For any questions you can contact our customer service through any of the methods provided on the web mimaarhandmade.com.

Mimaar Barcelona S.L. will provide Customer Service for FREE through our contact email info@mimaarhandmade.com, if you choose another alternative means of communication, the user is the one who must bear the particular cost of the same.

Mimaar Barcelona S.L. provides you with telephones in Spain subject to the cost of your telephone operator.

PURCHASE AS A GUEST

This website also allows the purchase through the guest purchase functionality. In this mode of purchase, you will only be asked for the data necessary to process your order. Once the purchase process is completed, you will be offered the option to register as a user or continue as an unregistered user.

5. SHIPPING

Shipments will be made through Correos Express Company.

Provider shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the user.

Delivery shall be deemed to have been made when the carrier has placed the products at the disposal of the user and the user, or the user’s delegate, has signed the delivery receipt document.

It is the User’s responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

In the event that the contracting does not involve the physical delivery of any product, being these directly downloaded from the website, the provider will previously inform the user regarding the procedure to be followed to perform this download.

6. PRICES AND TERMS OF VALIDITY OF OFFERS

All prices displayed in the mimaarhandmade.com store include VAT at the time of purchase. All prices shown on the website are valid except for typographical errors or out of stock and in any case will be expressed in Euro currency (€). Such charges, unless expressly stated otherwise, do not include the cost of shipping, handling, wrapping, insurance or any other additional services and attachments to the product or service purchased. (VALUE ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories).

The payment made to the Provider shall entail the issuance of an invoice in the name of the registered user. This invoice will be automatically sent to the e-mail address provided by the user, as well as sent together with the purchased product.

The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same. The customer assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case this will always be previously communicated to the users.

In the case of limited duration promotions, the promotional discount will be applied as long as the order has been registered during the promotional period.

It is not possible to accumulate two promotions in the same purchase.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.

For any information about the order, the User may contact the PROVIDER’s customer service telephone number or via e-mail to the address provided.

7. PAYMENT METHODS

The available systems are listed below:

7.1 Payment by credit or debit card: The user must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The operation is formalized at the time of placing the order. Only Visa and Mastercard are accepted (or specify which ones can be used). Only secure card payments are accepted where your identity as the cardholder is authenticated in accordance with the method established by your bank through secure e-commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.

We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

7.2 PayPal or other platforms: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once payment has been successfully completed, your order will be finalized and an email will be sent with a summary of your purchase. By clicking on the “Back to web” button you will return to the web site to view the order and print it. PayPal has its own privacy policies and Maria Aurora Mates Albert is not responsible for them.

8. DELIVERY OF ORDERS

8.1 Shipping Address: Orders will be delivered to the delivery address freely designated by the user. In this way, the provider assumes no responsibility for 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 this purpose, such as the absence of the recipient.

The delivery time of the order will be during normal working hours.

Notwithstanding the foregoing, the Provider has taken the measures required of a diligent merchant to ensure that the delivery can be made within the agreed time, for which reason no liability whatsoever may be imputed to the Provider.

Shipments are only made to destinations throughout Spain.

Maria Aurora Mates Albert will do everything in its power to ensure that your order is delivered within the period shown on our website on the date of issuance of the order confirmation.

If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that if any of the references are not available at the time of shipment, you have the right to cancel your order at any time prior to shipment by contacting our Customer Service Department at the following e-mail address: info@mimaarhandmade.com indicating the order number.

8.3 Confirmation of shipment: Upon delivery of the order to our carrier, we will send you confirmation of shipment to the e-mail address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track the shipment through our carrier’s website.

8.4 Delivery damage: The products are delivered in secure packaging. If at the time of delivery, without the need to manipulate the shipping packaging or the product itself, it is visible and clear that a product has defects caused by damage caused by transport or it is appreciated, in the same way, an error in the goods received, the customer must detail this fact in the voucher signed to the carrier and immediately contact our Customer Service line 616830488 or email info@mimaarhandmade.com within 24 hours of receipt, to urge the return of the product or products affected and proceed to its replacement by another in optimal conditions or make the refund of the price paid for it, as indicated in that email.

A proof of delivery without any evidence of damage is equivalent to a product with the packaging in perfect condition. Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line 616830488 or email info@mimaarhandmade.com. No claims for damage to the product will be accepted within 24 hours of delivery.

9. RIGHT OF WITHDRAWAL

9.1 Right of withdrawal: the User has 14 calendar days, counted from the date of receipt of the product, to return the product (art. 71 Law 3/2014 of March 27). If you are not satisfied with the product or any of the products in your order, you may exercise your right of withdrawal by filling out the form attached to these conditions, with your order number (to obtain a refund of the amount of the product(s) within a maximum period of fourteen (14) calendar days following receipt of the order) along with your contact details. Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

We will provide you with a return number and instructions for the return procedure. You must send it to us by e-mail to info@mimaarhandmade.com or by post, always within 14 calendar days of receipt of the order. After this period, you may only request the return or exchange of the product(s) for technical reasons subject to the warranty of such product(s).

You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not denote an improper use of the good or different from the nature of the same to the address we have provided.

It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in value. The customer shall be responsible for the packaging and protection of the product(s) being shipped as well as for the shipping costs.

Provided that the products are returned within 14 calendar days, without any damage or marks of wear and tear and complying with the requirements set forth in this section, with the return number that we will have provided you with, we will reimburse you the full amount of the purchase.

Remember that in any case the product must include:

– Return number provided

– Order number

– Date of purchase and date of exercise of the right of withdrawal

Information of interest (optional):

– Reasons for return

– Information that you believe necessary or of interest to process the refund

9.2 Return of defective product: the user must inform Mimaar Barcelona S.L. of the lack of conformity with the product within two months of becoming aware of it. In the event that the product is defective in origin, you must send an email to info@mimaarhandmade.com with the order number and explaining the reason for the return. Our Customer Service will contact you via email or phone call telling you how to proceed with the shipment of the defective product and providing you with a return number.

The product(s) of the order must be returned to the address we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote an inappropriate use of the good or different to the nature of the same.

Once the defective product is received in compliance with these requirements and it is verified that the product/s have a manufacturing defect, we will contact you to arrange the repair, replacement, discount or termination of the contract. In any of the above cases, Mimaar Barcelona S.L. will be responsible for the derived expenses.

9.3 Return of non-defective product: When the product has no defect and its return has been motivated by ignorance or misuse, Mimaar Barcelona S.L. will contact you to indicate the steps to follow for the recovery of the product.

The shipping costs arising from the return of a product that does not present any defect or defect to the user shall be borne by the customer and Mimaar Barcelona S.L. will not proceed to such shipment until having received the advance payment of transportation costs. The verification by Mimaar Barcelona S.L. that the returned product is damaged as a result of misuse or poor protection during shipment may result in the cancellation of the warranty or cause a decrease in the value of the product.

9.4 Return due to an error in the order by Mimaar Barcelona S.L.: When the product does not correspond to the one ordered, due to an error attributable to the company, the user must notify the company by email as soon as possible; Mimaar Barcelona S.L. will bear the cost of collecting the product sent in error and delivering the product corresponding to the one ordered.

9.5 Verification of Returns: The verification and checking of the products to be returned will be the responsibility of Mimaar Barcelona S.L which, once at its facilities, will verify that they are received in compliance with all the requirements set forth in section 9.1. Failure to comply with these requirements may void the Warranty or result in diminution of the value of the product.

If any of the items are missing, the product will be returned to your home with a note indicating the missing contents.

9.6 The right of withdrawal shall not apply in the following cases:

1. If the product is not presented in perfect condition.

2. If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being prohibited the use of seals and adhesive tapes applied directly on it.

3. When the product is open without being able to prove that it has not been used.

4. In software applications that are directly downloaded through the portal.

5. When they are personalized products or those, which for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.

10. REINSTATEMENTS

10.1 Refund of shipping costs: If you request a refund of the return shipping costs you must send the products by standard mail (ordinary letter). The responsibility for the shipment rests exclusively with the transportation company or means contracted for such shipment. The extra costs derived from the contracting of express delivery services shall be borne by the customer.

10.2 Refund for return: In the case of return, the refund of the amounts paid will be made through the means of payment that was used in the purchase. Mimaar Barcelona S.L. will not refund the amount or make any reshipment of goods until it has verified the receipt and condition of packaging and accessories of the product being returned or exchanged in our warehouse.

10.3 Reimbursement Period: Reimbursement will be made within 15 working days of receipt and verification of the conditions of receipt of the shipment. The maximum term for payment is one month. In order to proceed with the refund you must provide us with the following information:

– return number

– invoice and order number

– IBAN + 20 digits of your bank account.

10.4 Mimaar Barcelona S.L. declines the refund of the amounts if:

– the products are used or deteriorated, or their use has exceeded their nature.

– products are missing some element.

11. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES

11.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.

All products have a warranty period of 2 years, in accordance with the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases in which it may be of different duration.

In the event that the Law of Guarantees of Sale of consumer goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage the warranty, the team of Mimaar Barcelona S.L. will tell you how to proceed via email or phone call. In these cases, Mimaar Barcelona S.L. is not responsible for how the manufacturer handles the warranty of the product.

In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all of the requirements set forth below, unless the circumstances of the case make any of them inapplicable:

a) They comply with the description made by Mimaar Barcelona S.L.

b) Are suitable for the uses to which products of the same type are ordinarily destined.

c) Are suitable for any special use required by the customer when it has made it known to Mimaar Barcelona S.L. at the time of the conclusion of the contract, provided that it has admitted that the product is suitable for this use.

d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by Mimaar Barcelona S.L Albert .

e) Mimaar Barcelona S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer of the products, so it is not bound by these public statements.

2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the purchase contract and has been carried out by Mimaar Barcelona S.L. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.

3. No liability shall arise for non-conformities which the User knew or could not have been unaware of at the time of conclusion of the contract or which originate from materials supplied by the User.

11.2 Defective products: In case of defective product, Mimaar Barcelona S.L shall proceed to repair, replacement, price reduction or termination of the contract (as appropriate), steps that will be free for the user. Mimaar Barcelona S.L. is liable for any lack of conformity that becomes apparent within two years of delivery, provided that it informs Mimaar Barcelona S.L. of the lack of conformity within two months of becoming aware of it.

11.3 Warranty cancellation cases: The warranty does not apply in the following cases:

– Deterioration created by adaptations, adjustments or modifications made to a product without written agreement with the manufacturer,

– Expenses related to maintenance, repair or replacement of parts due to normal wear and tear,

– Breakdowns and deterioration of accessories,

– Deterioration created by misuse of the product, improper use, non-observance of the operating instructions regarding use and maintenance or improper installation,

– Damages generated by non-accredited persons or the user,

– Damage caused by accident, lightning, flood, fire or any other cause for which the manufacturer is not responsible,

– Damage caused by a failure of the system in which the product may be incorporated,

– If the model or serial number of the product shows any modification,

– Use of the product outside the family and private environment, e.g. in intensive professional use, or

– Products already repaired by Repair Services outside Mimaar Barcelona S.L.

11.4 Replacement of an irreparable product: In the event that the product is considered irreparable or the cost of repair is disproportionate to its value, it will be replaced by another product exactly the same. If the latter is not possible, we will offer you a product with identical or superior characteristics.

The replacement of your product will terminate your purchase contract and warranty extensions, if any, since the purchase of your new product will benefit from a new contract as it is a new purchase.

12. ONLINE DISPUTE RESOLUTION (ONLINE DISPUTE RESOLUTION)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

12. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly set forth herein. The provider and the user agree to submit any dispute that may arise from the provision of products or services covered by these Conditions, to the Courts and Tribunals of the domicile of the provider (if a legal entity) or the user (if an individual).

In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Barcelona (Spain).

14. COMMENTS AND SUGGESTIONS

We welcome your comments and suggestions. Please send us such comments and suggestions through our contact form.

In addition, we have official complaint forms available for consumers and users. You can request them by calling Customer Service at 659 655 656 or through our contact form.