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CONDICIONES DE COMPRA

GENERAL CONDITIONS OF PRODUCT PURCHASE

This document establishes the general conditions of the contractual relationship whose purpose is the sale and purchase of products offered from this website.

The parties established for the purposes of this relationship are:

1. The proprietor and owner of said website, MIM HABITS S.L (henceforth "MIM HABITS") with registered offices in Calle Bolivia, 340, local 42, Barcelona, zip code 08019, registered in the commercial register of BARCELONA, in the volume 47182, page 120, sheet B-543907, with Code Number: B-67556332.

2. The physical and/or juridical persons (henceforth, the "CLIENT") who demonstrate the intention to purchase products through a request made via the internet, specifically via this website. 

These user requests constitute the particular conditions that are associated with the present general conditions which the CLIENT is required to accept telematically prior to the purchase of the product. The CLIENT is given access to the present conditions by this same website, so they can read, print, store and accept them.

The present general conditions, combined with the request for specific products made by the CLIENT, impliy the formalization of the sale contract between MIM HABITS and the CLIENT, who affirms they have read, understood and accepted the present conditions. The CLIENT can always consult these general conditions through the website.

FIRST. - OBJECT OF THE CONTRACT.-

Through the present general conditions, MIM HABITS commits to deliver to the CLIENT the products that have been requested through the website in exchange for a specific price.

Through the purchase of those products available through the website, the CLIENT declares that:

a) They are a person of legal age and with capacity to contract. 

b) That they have read, understood and accepted the present general terms and conditions.

SECOND. - ALTERATION OF THE GENERAL CONDITIONS.-

MIM HABITS reserves the right to modify the present general conditions at any time, without the need to provide prior notice to the CLIENT, who, in any case, is responsible for reading them as a prerequisite for the acquisition of any product available through this website. In any event, the general conditions expressed on the website at the specific time the CLIENT acquires the corresponding products are considered valid and applicable.

THIRD. - RIGHTS AND OBLIGATIONS OF MIM HABITS.-

3.1. Delivery of the product.- MIM HABITS commits to deliver the product, in perfect condition, to the address indicated by the CLIENT on the order form which expresses the specific conditions attached to the present general conditions. MIM HABITS shall not be liable for any errors during the delivery process when the details introduced by the CLIENT in the order form do not correspond to reality, or have been omitted.

Deliveries are always made from Monday to Friday on working days. Delivery times are always estimates and do not connote liability for MIM HABITS in the event of possible delivery delays. Deliveries are made in England. MIM HABITS shall not be held liable for any delivery delays that are due exclusively to the transport agency or due to unforeseeable or uncontrollable factors whose responsibility they are not obliged to bear.

In the event that the requested product is unavailable, MIM HABITS  shall inform the CLIENT of this fact, and they will be able to recover without any undue delay the amount of money they have spent on the product. This communication shall be made through email or using the telephone number provided by the CLIENT. At this time MIM HABITS will give the CLIENT the option to substitute the purchased product for another with similar characteristics and with the same quality, with no increase in price. 

 

3.2. Responsibility of MIM HABITS. In no event will MIM accept responsibility for or in relation to:

 

3.2.1. Errors or delays on the part of the CLIENT when submitting their data via the request form; slowness of order confirmation or inability to receive the product on the part of the recipients; or any anomaly that may occur due to problems with the internet network, cases of acts of God or force majeure or any other contingency occurring beyond the good faith of the company. In any event, MIM HABITS commits to resolve any problems that may arise and to offer all necessary support to the CLIENT to arrive at a quick and satisfactory solution to the incident.

 

3.2.2.  The errors or damage resulting from an inefficient use of service or from bad faith on the part of the CLIENT.

3.2.3. The inoperability of the email address or problems with the email address provided by the CLIENT for the delivery of order confirmation.

 

3.3 Guarantees:

 

3.3.1. MIM HABITS guarantees that all products available for sale on the website comply with international and community rules applicable to the security of the products.  


3.3.2 In the event that the product arrives in bad condition, MIM HABITS commits to replace it with a new one. In this case, the CLIENT must send an email to mim@mimhabits.com with photos of the product that demonstrate its bad condition.

 

4. Right to cancel:

 

Specifically, the right to cancel is explicitly excluded for the following typology of products available on the website https://mimhabits.com/, due to the fact that are faced with an exception to the right to cancel as indicated in article 103 of the Royal Legislative Decree 1/2007, of 16th November, approving the restated text of the General Law for the Defence of Consumers and Users and there complementary laws.


FOURTH. - RIGHTS AND OBLIGATIONS OF THE CLIENT.-

4.1. Payment. - The CLIENT commits to pay, in advance, the value of the product specifically requested in the amount and subsequent forms:

 

4.1.1. Value. - The remuneration for the product explicitly requested by the CLIENT will be the value indicated on the website and that which figures in the specific request made by the CLIENT at any time; these requests constitute the specific conditions of the order in question. The product prices that appear on the website include VAT. 


Relevant delivery costs must be added to the price that appears on the website for each one of the products offered. MIM HABITS is obligated to inform the CLIENT, in advance, of the value of shipping costs before formalizing the purchase itself, and this information must also be included in the confirmation email.


4.1.2. Payment methods. - The CLIENT must pay the amount corresponding to their order through one of the following methods: 


Credit cards: introducing their data into the virtual point sale (POS) system that exists on the website. By accepting this payment method, the CLIENT confirms they are authorized to make transactions with the card that has been used for this end, being the owner of the same.

Paypal: for this method, the CLIENT must have an active account with the said provider of payment service and accept the conditions of said service. 


4.2. Responsibility of the CLIENT. - In all events, it will be the responsibility of the CLIENT:

 

4.2.1. to assume all the risks of deterioration, erosion, damage and loss of products, from the moment that these products are delivered into their possession by the third party which, on behalf on MIM HABITS, provides delivery of the requested products.


4.2.2. to commit to checking the good condition of the product in the presence of the third party which, on behalf of MIM HABITS, provides the delivery of the requested products, indicating at this same moment any anomaly that they detect in the packaging.

 

If a subsequent time, having checked the content, the client were to detect any issue, such as a blow, tear or any other imperfection caused by the delivery, they must commit to communicate the issue to MIM HABITS in a reasonable timeframe after receipt of the product.

FIFTH. - RESPONSIBILITY.-

5.1.- MIM HABITS in no case shall be responsible for the production of any type of damage that the CLIENT or third parties may cause to the website.

 

5.2.- MIM HABITS reserves the right to suspend access, without discretionary prior notice and with definitive or temporary character, to the website until the real liability for the damages that may arise is determined. At the same time, MIM HABITS will collaborate with the appropriate authority and notify them of these incidents as soon as they have reliable knowledge  that the damage caused may constitute any kind of illegal activity. 

SIXTH. - ELECTRONIC INVOICING. -

The CLIENT expressly accepts the delivery of electronic invoices in relation to the purchases made with MIM HABITS. The invoice will be sent to the email address provided by the client during the registration process. 

In the event that the client requires an invoice in paper format, they must indicate this requirement by sending a request to the following email address: mim@mimhabits.com.

EIGHTH. - COMPETENT JURISDICTION AND APPLICABLE LAW.-

The present general conditions are governed by Spanish legislation. To determine the place of execution of the purchase to which the present General Conditions are subject, article 29 of Spanish Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, shall apply.  In the event that the CLIENT is not deemed to be a consumer, any conflict regarding the interpretation or execution of the present general contract conditions shall be referred to the jurisdiction of the Barcelona city courts.

NINTH. - INVALIDITY OF CLAUSES.-
In the event that any clause of the present general conditions is declared invalid, the remaining clauses will remain in force and will be interpreted according to the will of the parties and the ultimate purpose of the present conditions. MIM HABITS may not be able to exercise some of the rights and faculties conferred in this document, which does not imply in any event the abandonment of the same unless expressly recognized by MIM HABITS.
TENTH. - ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF DISPUTES ONLINE.-

Without prejudice to the points indicated in the previous clause. the European Commission provides an online platform for the resolution of disputes which is available via the following link:

http://ec.europa.eu/consumers/adr/.

Those clients who are deemed consumers can refer their claims through this online dispute resolution platform.

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