1.-Portal Terms and Conditions of Use and Legal Information.
The Terms and Conditions of Use (hereinafter, “General Conditions”) govern the use of the service of the www.MIAU ORIGINALS.com Internet portal (hereinafter, the Portal) that MIAU ORIGINALS provides for Users.
The purpose of these provisions is to regulate the relationship of “services provided through the Portal” between Miau Originals, S.L., with CIF (Tax Identification Code) B98845407 and registered office at Camino Viejo de Alboraya, 4, bajo, izquierda, 46020 Valencia, a company that is registered with the Valencia Companies Register, Volume 10154 sheet 92, page V-171845 1st registration (“MIAU ORIGINALS”), and the Users who state their wish to browse the website and obtain information by requests made through it.
These General Conditions will at all times be available to the User, at a location where they are visible and easily accessed through the Website.
2.-Applicable Legislation and changes to the General Conditions.
The General Conditions are subject to the provisions of Constitutional Act 15/1999 of 13 December on Personal Data Protection, Act 7/1996, of 15 January on Retail Trade Regulation, Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, the Civil Code and the Code of Commerce.
MIAU ORIGINALS reserves the right to modify these Portal Terms and Conditions of Use at any time, without giving the User prior notice.
3.-Rights and Obligations of MIAU ORIGINALS.
Under no circumstances shall MIAU ORIGINALS be liable regarding:
– Any errors or delays in User access when entering data, slowness or any problem that may arise when these incidents are due to problems in the Internet network, unforeseeable circumstances, force majeure or any other unforeseeable eventuality beyond the control of MIAU ORIGINALS.
In any case, MIAU ORIGINALS undertakes to resolve any problems that may arise and to offer the User all necessary support in order to reach a fast and satisfactory solution to the incident.
– Any errors or damages cased by inefficient or bad faith use of the service on the part of the User.
– Failure of the email address provided by the User, or problems with it. The descriptions of the products proposed by MIAU ORIGINALS, will be in accordance with the information provided by MIAU ORIGINALS’s suppliers. Notwithstanding this, the information given about each product, and the photographs and videos provided, which are displayed on www.MIAU ORIGINALS.com are the responsibility of the manufacturer of the product, which provides that information to the portal.
4.-Rights and Obligations of the User.
The Portal may only be used for legal purposes. In accordance with these General Conditions, the user undertakes to use the content of the Portal in a lawful manner and not to use its services for activities that are contrary to Spanish legislation, morality or public order.
The User will assume all liability for damage or harm to the domain owner or third parties that may arise from illegal or unauthorised practices, including, but not limited to:
– Manipulating or altering this page without the prior consent of the domain owner; the domain owner accepts no liability that may arise from said manipulation or alteration by third parties.
– Any action that may damage, make unusable, overload or otherwise cause deterioration of the the Portal or its services, and/or impede its normal use and usage by the Users.
– Installing and/or Using computer programmes, data, faulty files, virus, malicious code, IT or communications equipment or any other equipment, whatever its nature, that could cause damage to to Portal, any of its services, or any assets (hardware or software) of the domain holder’s information systems.
– Infringing third parties’ rights to privacy, their own image, confidential communications, or intellectual and industrial property.
– Hiding or falsifying the origin of email messages.
– Using false identities and/or stealing the identities of others when using the Portal or in using any of its services.
– Reproducing, distributing, modifying or copying the content of this website, unless authorised by the domain holder or legally authorised.
– Pass on User names and passwords to unauthorised third parties.
5.-Intellectual Property of the Web Portal Content.
6.-Changes to the General Conditions.
MIAU ORIGINALS reserves the right to change these Terms and Conditions without prior notice, and may change, delete or add, not only the contents and services provided through the Portal, but also the way in which these appear presented or are located situated in its servers.
8.-Law and Jurisdiction.
These portal usage terms and conditions are governed by Spanish Law. For resolving any conflicts, the parties choose to subject themselves to the courts and tribunals of the user’s domicile, renouncing any other jurisdiction. Likewise, as a member of CONFIANZA ONLINE and in the terms of its Ethical Code, in the case of discrepancies related to online advertising and contracting, data protection, protection of minors and accessibility, the user may access the CONFIANZA ONLINE out of court dispute resolution system (www.confianzaonline.es).
For any questions about the Terms and Conditions of Use, please contact us via info@MIAU ORIGINALS.es for general queries,customercare@MIAU ORIGINALS.es; for matters related to your buying process, please use our contact form or call 96 133 85 24.
These Terms and Conditions of Use have been revised and are published 13 January 2017.
GENERAL CONTRACT CONDITIONS.
1.-Information Prior to Contract.
1.1. These general conditions (the “General Conditions”), together with, if applicable, any specific conditions that may be laid down (“Specific Conditions”), shall expressly govern access, use and the commercial relationship between the user (the “Client”) and the Trader (“MIAU ORIGINALS”) through which the latter formalises the purchase of the products offered when they are available (the “Products”) through the sales platform that is accessible at the www.MIAUORIGINALS.com website (the “Online Channel”) owned by Social Ecommerce Company S.L., having CIF (Tax Identification Number) B98845407 and registered office at Camino viejo de Alboraya, 4, bajo, izquierda, Valencia. The company is registered with the Murcia Companies Register, Volume 10154 sheet 92, page V-171845 1st registration (“MIAU ORIGINALS”).
1.2 These General Conditions will remain in force and will be valid for all the time for which they are accessible through the Online Channel. MIAU ORIGINALS reserves the right to replace both the General Conditions and the Specific Conditions, and all legal notices, disclaimers, usage regulations and/or directives included in the Online Channel, which, if applicable, may replace, complete, and/or modify the General Conditions included herein. The Client will be subject to the General Conditions in force when the order is placed. These are in force for as long as they are displayed, until they are wholly or partially modified. The Specific Conditions will be applicable as from the time they are available to the Client.
1.3 If there is a contradiction between the terms and conditions stated in these General Conditions and those in the Specific Conditions, the conditions agreed in the latter instrument shall always prevail over any incompatible terms, but only with respect to the Products that are subject to the said specific conditions.
1.5 The legal relationship arising from registration as “Client” of the Online Channel is for an indefinite term. Either of the parties may unilaterally terminate or suspend this contractual relationship at any time and just on the grounds of a wish to do so, without prejudice to the obligations arising from orders placed prior to the termination of the relationship. The “Client” may unilaterally exercise the right to termination by cancelling accounts.
1.6 Any query, suggestion, complaint or claim regarding the online sale of the Products may be made to our Customer Care Service:
2.1 Those consumers who are individuals or entities and act with a purpose unrelated to their commercial or business activity, job or profession, is considered a“Client” (article 3. RDL (Royal Decree-Law 1/2007)provided that they are of full legal age and accept these General Conditions and any Specific Conditions that are applicable. Minors and those users who do not fulfil the requirements laid down in these General Conditions are expressly forbidden to purchase Products through the MIAU ORIGINALS portal.
2.2. If individuals (professionals) or entities sign a contract for purchasing or selling through the MIAU ORIGINALS online portal for the purposes of commercial development, under no circumstances shall these General Conditions or any Specific Conditions be applicable to them; the said Conditions only refer to the “Client” described in the first section of this article.
3.-Products Offered – Information and Availability.
3.1. The Products offered through the Online Channel will be displayed on the screen with their prices and essential characteristics. The total cost of delivery to the Client’s home will be displayed on the screen separately from the price and before the order is confirmed. Special offers will be suitably indicated on the screen. MIAU ORIGINALS reserves the right to decide, at any time, which Products will be included in the Online Channel and be offered to Clients through it. MIAU ORIGINALS may thus, at any moment, add new Products to those included in the Online Channel, and it shall be understood, unless otherwise stated, that these new Products shall be governed by the provisions of the General Conditions in force at that time. Likewise, MIAU ORIGINALS reserves the right to, at any time and without prior notice, cease to offer any Products offered through the Online Channel and remove them from the Channel.
3.2. All orders and purchases made through the Online Channel shall be subject to effective availability of stock of the Products when preparing to dispatch them. If any of the Products in an order is not available, MIAU ORIGINALS will inform the client, and the latter may choose to receive the order with the available products, cancel the whole order, or wait for the order to be complete before it is dispatched.
4.-Prices and Delivery Charges.
4.1. The prices of the products are displayed always in euros and include VAT and any other tax of application for all them territories, included the E.U. In the purchases made out of E.U. VAT is not of application. In other words, VAT will be deducted at checkout.4.2. The price of a product does not include shipping or transport charges. These charges are payable by the Client and will be added to the cost of the Products chosen. When there is more than one delivery option, the cost of the delivery service will be determined by the conditions and type of service selected. Before confirming the order and completing the purchase process, the Client will be duly informed of these charges, and given a breakdown of the costs.
4.3. The prices displayed in the Online Channel are only applicable to the Products offered through that Channel and for the time for which they are published. MIAU ORIGINALS and the Points of Sale expressly reserve the right to modify the prices at any time, without prior notice. However, in any case, the prices applied will be those in force as shown in the Online Channel when the corresponding order is placed.
5.1 Users may freely access and use the Online Channel, at no charge, but MIAU ORIGINALS reserves the right to charge for this in the future.
5.2 Users wishing to purchase Products through the Online Channel will be requested to register with MIAU ORIGINALS; to that end, these Clients will have to fill in the form displayed on the Online Channel, by following the instructions shown in the form. In this registration process, Clients must only provide true and precise data.
5.3 MIAU ORIGINALS will send confirmation of registration to the email account designated by the Client. The user name and password will make it possible to access the Online Channel and make purchases, and are confidential, personal and non-transferable. The Client will not be able to change the user name, but may change the password, in which case any former passwords will no longer be valid.
The Client will be responsible for appropriately safeguarding and ensuring the confidentiality of the password, and may not transfer it to any third party, whether temporarily or permanently, nor allow any third party to use it under any circumstances. The Client must immediately inform MIAU ORIGINALS if any third party other than the Client could access the Online Channel by using that Client’s password.
5.4 All product purchases made through the Online Channel after the Client has been identified and authenticated through the user name and password provided, will be considered validly made by the Client and will be binding. As a consequence, the Client will be exclusively liable and responsible for any Product purchases made through the Online Channel by any third party who makes use of the Client’s user name and password. If a minor who has provided false registration information places orders through the Online Channel, this will be understood to have been done under the supervision of the child’s parents, guardians or legal representatives and with their authorisation.
5.5. Once the Client has registered, to purchase a Product, the Client must add the desired product to the Shopping Basket, according to the instructions on the screen, and fill in the order form provided.
5.6. Once the purchase has been made, a confirmation of the purchase, which will serve as proof of the operation “Proof of Purchase”, will be sent to the email address provided by the Client. If so requested, MIAU ORIGINALS will later send the Client the purchase invoice. Neither the order confirmation nor the proof of Purchase will be a valid invoice.
5.7 The purchase will be understood to have been made at MIAU ORIGINALS’s office.
6.1 To pay, the Client must follow each and every one of the instructions shown on the corresponding page of the Online Channel. The cost of the Products and the shipping charges may only be paid using credit or debit cards or such other payment methods indicated on the corresponding page at that time. These payment methods will be subject to checks and authorisations by the issuing institutions, but if the said institution does not authorise payment, it will not be possible to continue with the purchase process, the order will be automatically cancelled and the purchase of the requested Product or Products will be understood not to have taken place. The price of the Products, the shipping charges – if applicable – and any applicable taxes, will be charged when the order is placed
6.2. MIAU ORIGINALS has an e-commerce gateway installed as its electronic payment system. All the data provided for these purposes is encrypted to ensure maximum security. The data is stored in a secure server certified in accordance with the “Secure Socket Layer” protocol. Under no circumstances will the data provided ??by the Clients through the payment gateway be stored, and it will only be held while the purchase is made, payment is made, and until the end of the cooling-off period.
6.3. MIAU ORIGINALS reserves the right to annul the user name and password, and therefore access to the Online Channel, for those users who have debit balances or unpaid debts to MIAU ORIGINALS.
7.-Delivery and Shipping Service.
7.1. The delivery and shipping services are provided by a company that is independent of MIAU ORIGINALS. Whenever the geographical area or the chosen delivery time allow this, the Client may choose the Shipping Company. In the Spanish región the shipping company will be ASM. The cost of the delivery and shipping services will be set during the purchase process; the cost of the service will be given separately and added, with the VAT, to the final price to be paid through the payment portal, according to the process described in points 5 and 6.
7.2. The delivery time will be set in the specific conditions for the selected purchase. The Shipping Company charged with providing the shipping service will have exclusive liability for any failure to meet the delivery time; in any case, taking into account possible contingencies in the service, an additional 2 or 3 days should be granted, for deliveries in Spain, or 7 to 10 days for international deliveries, before declaring that the delivery time has not been met.
7.3. On receiving the goods, the Client is obliged to check for any damage to the packaging (dents, scratches, tears, etc) and must reject it if this is the case, noting the damage observed on the delivery note. If, once the packet has been accepted, it is noted that items are lacking or broken, that could not be noticed when it was delivered by the carrier, the Client must contact MIAU ORIGINALS within 48 hours, in order for it to claim against the Shipping Company. In any case, once the legal period laid down in Article 60 of the Act 15/2009, of 11 November, on Land Transportation Contracts has passed, it will be assumed that the products were delivered correctly. The delivery note will be sent with the Product or Products.
8.1 The User’s right to cancel a purchase made through the Online Channel is recognised, and therefore, if the Client is not satisfied, provided that the nature of the goods bought allow this, he or she may return the Product within a maximum of 14 calendar days from the date it was delivered to the address given or collected from MIAU ORIGINALS.
The Product may be returned after contacting the Customer Care Service, which will indicate the steps to be taken. The Client may complete the following cancellation form in accordance with Act 3/2014, of 27 March, modifying the Revised Text of the General Law for the Protection of Consumers and Users and other supplementary laws, approved by Royal Legislative Decree 1/2007, of 16 November 2007.
The cost of the purchase will be returned, if applicable, by the same means of payment used to buy the Product, less the cost of shipping and return which will generally be payable by the client.
8.2 Are excluded from the right of withdrawal any of the products from MIAU ORIGINALS being garments of close contact with intimate areas.
8.3 If the product received by the client is defective when received, MIAU ORIGINALS will replace it whenever possible, at no cost to the Client. If the product cannot be replaced for reasons of availability, the cost of the purchase will be returned in full.
When the Product or Products purchased do not correspond to the characteristics offered, have defects that prevent normal use in accordance with their nature, or do not have the features described, the Client will have the right to have the items purchased made good for two years as from the purchase, under the conditions and with the means of proof and testing governed by the Revised Text of the General Law for the Protection of Consumers and Users, without prejudice to the rights of MIAU ORIGINALS and/or the Manufacturer to check the truth of the defects, the origin of the defects and when they became apparent. In any case, the Client must contact MIAU ORIGINALS ??or request that the product be collected within a maximum of two months from when the defect was observed, informing it as to the nature of the problem, when it became apparent and under what conditions this occurred. The Client also has a right to have the item made good in accordance with the rules in article 118 et seq. of the Revised Text of the General Law for the Protection of Consumers and Users.
10.-Exoneration from Liabilities.
10.1 MIAU ORIGINALS cannot guarantee the technical continuity of the Online Channel, the absence of faults or interruptions in the service, not that the Online Channel will be available or accessible for 100% of the time. Nor can it guarantee that the Online Channel or the server from which it is provided will be free of viruses or other damaging components.
10.2 MIAU ORIGINALS will not be liable for any damage caused by incorrect usage of the products it offers, and, in any case, the product’s manufacturer, as indicated on the product or its packaging, will be liable for those damages that are proven by reliable and recognised means to have been caused by a product sold by MIAU ORIGINALS.
11.-Personal Data Processing.
12.-Information and Usage Right.
These conditions have been displayed with sufficient notice, in accordance with the legislation in force. MIAU ORIGINALS also makes these Purchase Conditions available in such a way that they can be stored and copied, thus fulfilling its legal duty to provide prior notice.
MIAU ORIGINALS reserves the right to modify, at any time and without prior notice, the appearance and configuration of the Online Channel, its features and functionality and/or its content. You expressly recognise and accept that MIAU ORIGINALS may, at any time, interrupt, disable and/or cancel access to and/or use of the Online Channel, without MIAU ORIGINALS having any liability as a result.
If any provision or provisions in these Purchase Conditions were to be considered wholly or partially void or unenforceable by any Court, Tribunal or administrative body having jurisdiction over them, said voiding or invalidity will not affect the other provisions. In this case, the clause or clauses affected will be replaced by another clause or clauses having the effect closest to those replaced.
These Conditions have been drafted in accordance with the provisions of Act 34/2002 on Information Society Services and Electronic Commerce, Act 7/1998 on General Contract Conditions, Royal Legislative Decree 1/2007, of 16 November approving the Revised Text of the General Law for the Protection of Consumers and Users and other supplementary laws, Act 7/1996, of 15 January on Retail Trade Regulation, Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, Royal Decree-Law 14/1999 regulating Electronic Signatures, Act 15/2009, of 11 November, on Land Transportation Contracts and whatever legal provisions are applicable.