Terms and Conditions
1. INTRODUCTION
This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.maminat.com) and the purchase of products therein (hereinafter, the "Conditions"). Please read these Conditions, our Cookies Policy and our Privacy Policy (collectively, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and the Data Protection Policies, you should not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as those in force at the time of placing orders or, failing that, at the time of use of the website will be applicable.
If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our contact form.
The contract may be formalized, at your option, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of articles through this website is carried out under the name MAMINAT by SOLUCIONES MAMINAT NATURALES S.L, a limited company with registered address at Calle José Andreu Alabarta 36, 46014 Valencia with CIF B98915325 with email info@maminat.com
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data that you provide us with about you will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with are true and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you undertake to:
I. Use this website only to make legally valid inquiries or orders.
II. Not to make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
III. Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent to us using this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order.
5. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email that the product is being shipped.
6. TECHNICAL MEANS TO CORRECT ERRORS
If you detect an error in your order after the payment process has been completed, you should contact us immediately.
7. AVAILABILITY OF PRODUCTS
All orders are subject to product availability. If there are difficulties in supplying products or if there are no items left in stock, we will refund any amount you may have paid.
8. DELIVERY
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and within the maximum period also indicated on the website.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
For the purposes of these Conditions, it shall be understood that the "delivery" has taken place or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of receipt of the order at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it sent again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
In the event that 15 days have passed since your order is available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will return all payments received from you, with the exception of the shipping costs that we have previously paid to our courier company.
10. TRANSMISSION OF RISK AND OWNERSHIP
The risks of the products will be at your charge from the moment of their delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this takes place at a later time.
11. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as set out above) changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
12. PURCHASE AS A GUEST
This website also allows purchase through the guest purchase functionality. In this purchase mode, you will only be asked for the essential data to be able to process your order.
Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
13. VALUE ADDED TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of articles 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 VAT rate applicable will be that legally in force at any time depending on the specific article in question.
For 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 the corresponding taxes and duties in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate to us at any time your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in said format.
14. RETURNS POLICY
14.1 Legal right to withdraw from the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 2 calendar days without justification. For this, the product must be in perfect condition and unused.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
To exercise the right of withdrawal, you must notify us at MAMINAT, at the address, Calle José Andreu Alabarta 36, 46014 of Valencia or by writing an email to info@maminat.com or to our contact form, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail or email). You may use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication relating to the exercise by you of this right is sent before the corresponding period expires.
14.2 Returns via courier
You must contact us through our return request so that we can arrange collection at your home. You must deliver the merchandise in the same package you received it in. For you, there will be an additional cost that will vary depending on the return costs.
After examining the item, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 14 days from the date you notified us of your intention to withdraw. However, we may withhold the refund until we have received the goods. The refund will always be made in the same means of payment that you used to pay for the purchase.
14.3 Returns in the Canary Islands, Ceuta and Melilla
If you wish to exchange or return a product that has been delivered in the Canary Islands, Ceuta or Melilla, you can do so by contacting us to agree with us or one of our representatives the collection of the product by a courier or make the return at your own cost.
14.4 Returns of defective products
In cases where you consider that at the time of delivery the product does not conform to the stipulations of the contract, you should contact us immediately through our contact form providing the product details as well as the damage it suffers.
We will proceed to carefully examine the returned product and will notify you by e-mail within a reasonable period if a refund or replacement of the same is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned due to a defect or fault, when it actually exists, will be fully refunded, including delivery costs.
15. GUARANTEES
If you are contracting as a consumer and user, we offer you guarantees on the products we sell through this website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that they conform to the description made by us and possess the qualities that we have presented on this website, are suitable for the uses to which products of the same type are ordinarily destined and present the usual quality and performance of a product of the same type that are reasonably expectable.
The products we sell are handmade. They may often present the characteristics of the natural materials that are used in their manufacture. These characteristics, such as variation in grain, texture, knots and color, will not be considered defects or faults. On the contrary, their presence should be counted on and appreciated. We only select products of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
16. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights over the materials or contents that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of said material only in the way that we expressly authorize you or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material. You will not attempt to gain unauthorized access to this website, to the server on which said website is hosted or to any server, computer or database related to our website. You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may entail the commission of offenses typified by the applicable regulations. We will inform the competent authorities of any breach of said regulations and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a consequence of the use of this website or the downloading of contents from it or to which it redirects.
18. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without us having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from their use.
19. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
20. NOTIFICATIONS
The notifications that you send us must preferably be sent through our contact form. In accordance with the provisions and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title.
You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law nor will they annul, reduce or limit in any other way the guarantees, both express and tacit, that we could have granted you.
22. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
I. Strikes, lockouts or other industrial action.
II. Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
IV. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
VI. Impossibility of using public or private telecommunications systems.
VII. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to that which the Force Majeure Event lasts. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
23. WAIVER
The lack of requirement on our part of strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
24. PARTIAL NULLITY
If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
25. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their object and supersede any other prior agreement, agreement or promise agreed between you and us verbally or in writing.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned in these Conditions.
Neither you nor we will have any action against any untrue statement made by the other party, verbal or written, prior to the date of a contract (unless such untrue statement had been made fraudulently) and the only action that the other party will have will be for breach of contract in accordance with the provisions of these Conditions.
26. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and modify these Conditions at any time.
27. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcome. Please send us such comments and suggestions, as well as any query, complaint or claim, through our contact form or the postal or email address indicated above.
Your complaints and claims to our customer service will be attended to as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you of and will allow you to track them.
If you as a consumer consider that your rights have been violated, you can address your complaints through the email address info@maminat.com in order to request an out-of-court settlement of disputes.
Model withdrawal form
(you should only complete and send this form if you wish to withdraw from the contract)
To the attention of Soluciones Maminat Naturales S.L. acting under the trade name MAMINAT, with address at Calle Jose´Andreu Alabarta 36, 46014 Valencia (Spain) and email info@maminat.com
I hereby inform you that I withdraw from my contract of sale of the following good:
Ordered on/received on (*):
Consumer name:
Consumer address:
Consumer signature (only if this form is presented on paper)
Date:
(*) Cross out what does not apply