Terms and Conditions
TERMS AND CONDITIONS OF USE
Welcome to our website. These general terms and conditions of use regulate the access and use of www.mirocomplements.com. Access and use of this website, as well as product purchase from www.mirocomplements.com, are based on the supposition that you have read, understood, and accepted these general terms and conditions of use.
You can request additional information from our customer service department. The supplier may modify or simply update all or part of these general terms and conditions of use. Any modifications or updates of the general terms and conditions of use will reach users on the homepage of www.mirocomplements.com as soon as they are made and they shall be binding as soon as they are published on this section of the website. Therefore, you must periodically check this section of the website in order to check for the publication of the most recent and up-to-date general terms and conditions of use for www.mirocomplements.com. If you do not agree with the general terms and conditions of use in full or in part, do not use our website.
Our users access and use www.mirocomplements.com, including the viewing of web pages, communication with the supplier, downloading product information, and making purchases on the website, exclusively for personal purposes that under no circumstance may be connected to any commercial, industrial, or professional activity. Remember that you will be liable for the use of www.mirocomplements.com and its content. The supplier shall not be considered liable for any use of the website and its content made by users who do not comply with the applicable laws and regulations, without prejudice to the liability of the supplier due to intentional torts or gross negligence.
Specifically, you shall be liable for sharing inaccurate and false information or data or information or data that disrespects third parties (in the event that these third parties did not consent), as well as any other improper use of said data or said information.
These terms and conditions are the only ones applicable to the use of this website and replace any other terms and conditions, except in the event that prior express written consent was provided by the seller. These terms and conditions are important both for you and for us, as they were designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a company. Upon placing your order, you declare that you have read and accepted these terms and conditions without any reservations whatsoever.
You accept that:
a. You shall only be able to use the website to make legally valid enquiries or orders.
b. You shall not be able to place any speculative, false, or fraudulent orders. If we have reason to believe that an order of this type has been placed, we shall be authorised to cancel it and report it to the appropriate authorities.
c. You are also obligated to accurately provide your email address, mailing address, and other contact information, and you consent to our being able to make use of this information in order to contact you where necessary (see our “Privacy Statement”).
d. If you do not provide all of the information that we need, we will not be able to process your order.
Upon placing your order on this website, you ensure that you are over 18 years old and that you have the legal capacity to enter into binding contracts.
ONLINE PURCHASE POLICIES
Formalisation of the contract
This information and the details contained on this website do not constitute a sales offer, but rather an invitation to do business. No contract shall exist between the buyer and our business with regard to any product until the order has been expressly accepted by us (even if the buyer’s account has already been charged). If your offer is not accepted and a charge has been made on your account, the amount of the charge shall be refunded in its entirety.
In order to place your order, you must follow the online purchase procedure and click on “Authorise payment”. Next you will receive an email acknowledging receipt of your order (“order confirmation”). Remember that this does not mean that your order has been accepted, as the order constitutes an offer that you have made us in order to purchase one or more products. All orders are subject to our approval and we will confirm said approval by sending an email wherein we confirm that the product is being sent (“shipping confirmation”). The product purchase contract between us (“contract”) shall be formalised only once we send the shipping confirmation.
Only products related to the shipping confirmation shall be the subject of the contract. We shall not be obligated to supply any other product that may have been included in the order until we confirm its shipment in a separate shipping confirmation.
Property risk transfer
Product risks shall be borne by you starting from the time of delivery.
You shall acquire the ownership of the products once we receive full payment of all of the amounts due with regard to the order including shipping and handling, or at the time of delivery, if this occurs at a subsequent time.
Price and payment
The price of products shall be stipulated at all times on our website, except in the event of a manifest error. Despite the fact that we try to ensure that all prices included on our website are correct, errors can occur. If we discover an error in the price of the products that you have purchased, we shall inform you as soon as possible and give you the option of reconfirming your order at the correct price or of cancelling it. If we cannot get in touch with you, the order shall be considered cancelled and the full amount paid shall be refunded.
Given the particulars of online shopping, the product price indicated on the website refers solely to purchases made on said site. In accordance with the above, the price indicated on the website shall be considered binding for online purchases and shall in no way bind Miró Complements establishments.
We shall not be obligated to supply the product(s) at an incorrect lower price (even if we have sent the shipping confirmation) if the error in the price is obvious and unequivocal and it may have been reasonably recognised by the buyer as an incorrect price.
The prices on the website include VAT and include shipping and handling in EU countries.
Prices may change at any time, but (except for the provision above) the potential changes shall not affect orders that have already had a shipping confirmation sent.
Once you have made your purchases, all the articles that you would like to purchase will have been added to your shopping bag and the next step will be to process the order and make payment. In order to do so:
1. Click on “My Shopping Bag” at the top of the page.
2. Click the “Purchase” button.
3. Fill in or confirm your contact information, your order data, the address you would like your order to be sent to and the address that the invoice should be sent to.
4. Select the payment method that you would like to use for the purchase (credit card, bank transfer, or PayPal) and fill in the corresponding information.
5. Accept the “Terms and conditions”.
6. Click “Check out”.
You will be able to pay with credit card, bank transfer, or PayPal. In order to minimise the risk of unauthorised access, your credit card data will be encrypted. You must authorise the payment at the time you place the order. The total amount of the order will be charged at the time you confirm your purchase and have accessed the payment gateway associated with your bank.
When you click on “Authorise payment” you are confirming that the credit card is yours.
Credit cards are subject to verifications and authorisations by their issuing entity; if said entity does not authorise the payment, we shall not be liable for any delays or lack of delivery, and we cannot formalise any contracts with you.
Liability and waiver of liability
Our liability with regard to any products acquired on our website shall be strictly limited to the purchase price of said product. None of the terms and conditions of purchase excludes or limits our liability whatsoever:
a. In the event of death or personal injury caused by our negligence.
b. In the event of fraud or fraudulent claims.
c. On any issue where unlawful or illicit activity occurred in which we excluded, limited, or attempted to exclude or limit our liability.
Without prejudice to the provision in the paragraph above, in as much as is permitted by law and except when these terms and conditions set forth the contrary, we shall not accept any liability for indirect damages that are caused as a secondary effect of the main damages caused in any way, both by tort (including negligence) and by non-compliance with the contract or others, even if they could have been predicted, including but not limited to the following:
a. Loss of income or sales.
b. Loss of business.
c. Loss of profits or loss of contract.
d. Loss of projected savings.
e. Loss of data.
f. Loss of management time or business hours.
Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information we do not guarantee the accuracy and security of the information transmitted or obtained from this website, unless the contrary is expressly set forth.
All of the product descriptions, information, and materials that are included on this website shall be supplied in the status in which they are found without express, implicit, or any other type of guarantee.
Where possible as permitted by law, we exclude all guarantees, excepting those that cannot be legitimately excluded in respect of consumers.
The products we sell can often have the characteristics of the natural materials used to manufacture them. These characteristics −such as colour variation − shall not be considered defects or imperfections, on the contrary, their presence should be expected and considered. We only select the best quality products, but these natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions of this clause shall not affect the rights afforded to you by law as a consumer, nor to your right to withdraw from the contract.
You hereby recognise and agree to all copyright, trademarks, and other intellectual property rights on the materials or content provided as part of the website. These rights correspond to us or to those who grant us license to use them. You may use said material only as expressly authorised by us or those who grant us license to use them. That shall not hinder you from using this website as necessary to copy the information on your order or the contact information.
Applicable regulations require the information or communications that we send you to be written. Upon using this website, you accept that the majority of your communications with us shall be electronic. We will contact you via email or will provide information by publishing news on this website. For the purposes of the contract, you agree to use this electronic means of communication and recognise that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirement of being in writing. This condition shall not affect the rights afforded to you by law.
You must send us notifications preferably via email to the email address we provide in “Customer Service”. With regard to the provisions of the previous clause and unless the contrary is stipulated, we can send communications either to the email address or to the mailing address provided when the order was placed.
The notifications shall be understood to be received and correctly made at the time they are published on our website, 24 hours after an email was sent, or three days after the postmark of any letter. In order to ensure that the notification was made in the case of a letter, checking that it had the correct address, was correctly stamped, and was duly delivered to the postal service or to a mail box shall be sufficient. In the case of an email, verifying that it was sent to the email specified by the recipient shall be sufficient.
Transfer of rights and obligations
The contract between the buyer and our company is binding for both parties as well as for our respective heirs, transferees, and successors.
You shall not be able to transfer, yield, or use any other mode of transfer for a contract or any of the other rights or obligations arising therefrom without having obtained our written consent previously.
We can transfer, yield, subcontract, or use any other mode of transfer for a contract or any of the other rights or obligations arising in our favour therefrom at any time over the course of the contract's term. In order to avoid any doubts, said transfer, yield, encumbrance, and other transfers shall not affect the rights that have been granted to you by law as a consumer, nor shall they cancel, reduce, or limit in any other way the guarantees, both express and implied, that we may have granted.
Events out of our control
We shall not be liable for any non-compliance or delays in the fulfilment of any of the obligations we assume under the contract whose cause is an event that is out of our reasonable control (“force majeure”).
Force majeure shall include any act, event, lack of exercise, omission, or accident that is out of our reasonable control and shall especially include (but not be limited to) the following:
a. Strikes, lockouts, and other industrial measures.
b. Civil commotion, uprising, invasion, terrorist attack, threat of terrorism, war (declared or not), or threat of or preparation for war.
c. Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
d. Impossibility of use of trains, ships, planes, motorised transport, or any other public or private transport.
e. Impossibility to use public or private telecommunications systems.
f. Acts, decrees, legislation, regulations, or restrictions of other governments.
g. Strikes, failures, or accidents of sea or river, postal, or any other kind of transport.
Our obligation to comply by virtue of any contract shall be suspended during the period in which the force majeure continues, and we shall have an extension on the deadline in order to comply with our obligation while said period is ongoing. We shall have all the reasonable means to finalise the force majeure or to find a solution that allows us to comply with our obligations by virtue of the contract despite the force majeure.
If during the term of a contract we stop emphasising strict compliance with any of the obligations assumed by virtue of said contract or by any of these terms and conditions, or if we stop exercising any of the rights or resources that we are authorised to execute or lodge by virtue of said contract or these terms and conditions, said fact shall not constitute a cancellation of said rights or resources nor shall it exonerate you from complying with said obligations.
Waivers made to demand compliance shall not constitute a waiver on our part to demand subsequent compliance.
No waiver on our part of any of the present conditions and shall take effect unless it is expressly stipulated that it is a waiver and this communication is made in writing in accordance with the provisions of the Notifications section above.
If any of these terms and conditions or any of the provisions of a contract are ruled invalid, unlawful, or unenforceable in any measure by the competent authority, it shall be separated from the remaining terms, conditions, and provisions that will continue to be valid as permitted by law.
These terms and conditions and all documents expressly referred to therein constitute the entire agreement existing between the buyer and us with regard to the purpose of the contract, and hereby replace any other prior pact, agreement, or promise entered into between the buyer and us verbally or in writing.
The buyer and we recognise that we have entered into this contract without having any statement or promise made by the other party that may have been inferred from any statement or piece of writing in the negotiations taking place between the two parties before said contract, except any of those expressly mentioned in these terms and conditions.
Neither the buyer nor we have resources against any inaccurate statement made by the other party, verbally or in writing, prior to the date of the contract (unless said inaccurate statement was made fraudulently) and the only resource that the other party shall have available shall be for breach of contract in accordance with the provisions of these terms and conditions.
Our right to modify the terms and conditions of the contract
We have the right to review and modify these terms and conditions at any time. The buyer shall be subject to the applicable policies and conditions at the time each order is placed, except when by law or decision from governmental body we must make changes to said policies, conditions, or the “Privacy Statement”, in which case the potential changes shall also affect orders made previously.
Comments and suggestions
Your comments and suggestions are welcome. We ask that you send said comments and suggestions to our contact email firstname.lastname@example.org.