Terms of service
GENERAL CONTRACTING CONDITIONS OF MIAU ORIGINALS
General Conditions of Contract for MIAU ORIGINALS
General Conditions of Contract.
1.1. These general conditions (the "General Conditions"), together, if applicable, with the particular conditions that may be established (the "Particular Conditions"), shall expressly regulate the access, use and commercial relations between the user (the "Client") and the Commerce (the "MIAU ORIGINALS") through which the latter formalizes the purchase of the products offered during their period of availability (the "Products") through the commercialization platform accessible on the website www.miauoriginals.com (the "Online Channel") owned by Simon Carneiro Soares. with Tax ID number ES24473954E and registered address at Av.Perez Galdos, 101 puerta 24. The company is registered in the Mercantile Registry of Murcia, Volume 3002 folio 86, Page MU-82162 inscription 1 ("MIAU ORIGINALS").
1.2 These General Conditions shall remain in force and shall be valid for as long as they are accessible through the Online Channel. MIAU ORIGINALS reserves the right to replace at any time both the General Conditions and the Particular Conditions, as well as all those legal notices, guidelines and/or regulations for use contained in the Online Channel and which, as the case may be, shall replace, complete and/or modify the General Conditions herein contained. The Customer shall be subject to the General Conditions in force at the time of placing the order. Its temporary validity coincides with the time of its exhibition, until the moment in which they are totally or partially modified. The Special Conditions shall apply from the time they are made available to the Customer.In the event that the Customer does not accept the Special Conditions, the Customer shall be bound by them.
1.3 In case of contradiction between the terms and conditions expressed in these General Conditions and the Special Conditions, the conditions agreed in the latter instrument shall always prevail with respect to those incompatible terms, and only with respect to those Products subject to such specific conditions.
1.5 The legal relationship arising from the registration as "Customer" of the Online Channel has an indefinite duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and without cause other than their will in this regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The "Client" may unilaterally exercise the right of termination through the account cancellation process.
1.6 Any inquiry, suggestion, complaint or claim relating to the online sale of the Products, can be made through our Customer Service:
Call hours: 10.00 AM - 5.00 PM Spanish time.
2.1 Shall be considered "Customer" those consumers natural or legal persons acting for a purpose unrelated to their trade, business, trade or profession (art.3. RDL 1/2007) and are of legal age and accept these General Conditions and the Special Conditions, if any, are applicable. The purchase of Products, in the MIAU ORIGINALS portal, by minors or by users who do not comply with the requirements foreseen in the present General Conditions, is expressly prohibited.
2.2. The formalization of the purchase-sale contract through the MIAU ORIGINALS online portal with individuals (professionals) or legal entities that have a commercial development purpose shall in no case be subject to the application of the present General Conditions or particular conditions, which only refer to the "Client" indicated in the first section of the present article.
3.Information and Availability of the Offered Products.
3.1. The products offered on the Online Channel, along with their essential characteristics and price will appear on screen. Apart from the price, and before confirming the order, will appear on screen the total shipping costs to the Customer's home. The offers will be duly indicated on screen. MIAU ORIGINALS reserves the right to decide, at any given moment, the Products that are contained and offered to the Clients through the Online Channel. In this manner, MIAU ORIGINALS may at any time add new Products to those included in the Online Channel, it being understood, unless otherwise stipulated, that such new Products shall be governed by the provisions of the General Conditions in force at that time. Likewise, MIAU ORIGINALS reserves the right to withdraw or cease to offer, at any time, and without prior notice, any Products offered in the Online Channel.
3.2. All orders and purchases made through the Online Channel are subject to the effective availability of stock of the Products at the moment in which the Products are prepared for shipment. Should any of the Products of the order not be available, MIAU ORIGINALS shall contact the client to inform him/her, and the client may choose between receiving the order with the available products, the cancellation of the entire order, or waiting to complete the order for its shipment.4.Purchase Process.
4.1 Access to and use of the Online Channel is free of charge, and MIAU ORIGINALS reserves the right to demand a consideration for the same in the future.
4.2 For the purchase of the Products through the Online Channel, MIAU ORIGINALS shall request that the users proceed to register, for which said Clients shall fill out the electronic form that appears in the Online Channel at any given time, following the instructions indicated therein. In this registration process must be provided, always and only, accurate and true data.
4.3 MIAU ORIGINALS shall send confirmation of the registration to the e-mail account that the Client has designated for this purpose. The user name and password are enabling elements for accessing and making purchases and are confidential, personal and non-transferable. The username may not be modified by the Customer, but the password may be modified, in which case the modified passwords will lose their validity.
The Client shall be responsible for the adequate custody and confidentiality of the password, not being able to cede its use to any third party, whether temporary or permanent, nor to allow in any case its use by any third party. The Client shall immediately notify MIAU ORIGINALS of any access to the Online Channel that any third party other than the Client may carry out using his/her password.
4.4 All acquisitions of Products purchased through the Online Channel, prior identification and authentication, through the user name and password provided, shall be considered validly made by the Client, and shall be binding. Consequently, the Customer shall be solely responsible for any purchases of Products through the Online Channel by any third party that makes use of your username and password. The placing of orders from the Online Channel by a minor who falsifies the registration information, shall be understood to be made under the supervision and authorization of their parents, guardians or legal representatives.
4.5. Once registered the Customer, and to proceed with the purchase of Products, you must add the product you wish to purchase in the Shopping Cart, according to the indications collected on screen, completing for this purpose the order form provided
4.6. Once the purchase has been made, the Customer will be sent, to the email address indicated for this purpose by the Customer, a confirmation of the purchase made, which will serve as proof of the operation "Proof of Purchase". If requested, MIAU ORIGINALS shall subsequently send the purchase invoice. The order confirmation and the Proof of Purchase shall not be valid as an invoice.
4.7 The purchase shall be understood to have been carried out at the domicile of MIAU ORIGINALS.
5.Form of Payment.
5.1 In order to proceed with the payment, the Customer shall follow each and every instruction displayed on the corresponding page of the Online Channel. The payment of the price of the Products and shipping costs may only be made by credit or debit cards or other forms of payment at any time indicated on the corresponding page. These means of payment will be subject to checks and authorizations by the issuing entities, but if such entity does not authorize the payment, the purchase procedure initiated may not be continued, the order being automatically cancelled, and the purchase of the Product or Products requested will not be understood to have been carried out. The charge of the price of the Products, of the costs of the shipping service -if applicable-, as well as any taxes that may apply, will be made at the time of placing the order.
5.2. As an electronic payment system, MIAU ORIGINALS has installed an electronic commerce payment gateway. All data provided for these purposes are encrypted to guarantee the maximum security thereof. They are hosted in a secure server certified according to the "Secure Socket Layer" protocol. In no case the data provided by Customers through the payment gateway will be stored, and will only be retained while the purchase is made, the payment is made and until the withdrawal period has elapsed.
5.3. MIAU ORIGINALS reserves the right to cancel the user name and password, and therefore the access to the Online Channel, of those users who maintain debit or unpaid balances with MIAU ORIGINALS.
When the Product or Products purchased present a lack of conformity because they do not correspond to the characteristics offered, present defects that prevent their normal use in accordance with their nature, or do not offer the benefits described for the same, the Client shall be entitled to the right to the remedy of the purchased good within a period of two years as of the date of purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defense of Consumers and Users, without detriment to the faculties of MIAU ORIGINALS to verify the veracity of the defects, their origin and the moment of their appearance. In any case, the Client must address or request the collection of the product from MIAU ORIGINALS within a maximum period of two months from the moment the defect is ascertained, and must inform of the nature of the problem, the moment and the conditions of its appearance. Likewise, the Client shall have the right to the reclamation of the good following the rules of article 118 and subsequent articles of the Revised Text of the General Law for the Defense of Consumers and Users.
7.Exoneration of Responsibilities.
7.1 MIAU ORIGINALS cannot guarantee the technical continuity of the Online Channel, the absence of service failures or interruptions, nor that the Online Channel will be available or accessible one hundred percent of the time. Neither can it guarantee the absence of viruses or other harmful components in the Online Channel or in the server from which it is provided.
7.2 The damages produced by a misuse of the products offered by MIAU ORIGINALS shall not be the responsibility of MIAU ORIGINALS, and in any case, those damages that by means of reliable and recognized proof have been produced by the products sold by MIAU ORIGINALS shall be the responsibility of their manufacturer, indicated on the product or on its packaging.
8.Treatment of Personal Data.
9.Information and Right of Use.
The present conditions have been set forth with due notice, in accordance with the legislation in force. Likewise, MIAU ORIGINALS places the present Conditions of Purchase at your disposal, in such a way that they may be stored and reproduced, thus complying with the legal duty of prior information.
MIAU ORIGINALS reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Online Channel, the functionalities thereof and/or the contents incorporated therein. You expressly acknowledge and accept that at any time MIAU ORIGINALS may interrupt, deactivate and/or cancel the access and/or use of the Online Channel, without MIAU ORIGINALS being held responsible for such interruption, deactivation and/or cancellation.
In the event that any provision or provisions of these Purchase Conditions were to be deemed null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions. In such case, the clause or clauses affected shall be replaced by another or others having the most similar effects to those replaced.
These Conditions have been prepared in accordance with the provisions of Law 34/2002, of services of the information society and electronic commerce, Law 7/1998 on General Conditions of Contract, the Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Law for the Defense of Consumers and Customers and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature, Law 15/2009, of November 11, on the contract of land transport of goods and any other legal provisions that may be applicable.