Misemiya Legal Notice

Please read carefully the Terms and Conditions of our website misemiya.com. Here you will find any additional information about the online store that you may require.

READ THESE CONDITIONS CAREFULLY

The present ones  General Conditions will expressly regulate the relationships arising between  MISEMIYA SL, Calle Antonio Salvador,69,Madrid,28026, Spain, and with CIF B-86378338 (hereinafter, "MISEMIYA, SL") and third parties (hereinafter, "Users") who register as users and/or purchase products through the online store of the official website of MISEMIYA, SL (https://phpstack-315359-4412756.cloudwaysapps.com", hereinafter the "Store").

2.  USER OBLIGATIONS

2.1  The User is obliged, in general, to use the Store, to acquire the Products and to use each of the Store's services diligently, in accordance with the law, morality, public order and the provisions of these General Conditions, and must also refrain from using them in any way that may prevent, damage or deteriorate the normal operation and enjoyment of the Store by Users or that may injure or cause damage to the property and rights of MISEMIYA, SL, its suppliers, Users or in general any third party.

3.  PRODUCTS AND PRICES

3.1  MISEMIYA, SL reserves the right to decide, at any time, which Products are offered to Users through the Store. In particular, MISEMIYA, SL may at any time add new Products to those offered or included in the Store, it being understood that unless otherwise provided, such new Products shall be governed by the provisions of these General Conditions. Likewise, MISEMIYA, SL reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of Products offered in the Store.

3.2  The Products included in the Store will correspond as faithfully as possible to the Products actually offered by web display technology. The characteristics of the Products and their prices are shown in the Store. The prices indicated in the Store are in Euros and do not include VAT.

4.  PROCEDURE AND METHOD OF PAYMENT FOR PRODUCTS

4.1  Within a maximum period of twenty-four (24) hours, MISEMIYA, SL will send an email to the User, confirming the purchase. This email will assign a reference code for the purchase, and will detail the characteristics of the Product, its price, shipping costs and details of the different options for making payment for the Products to MISEMIYA, SL.

4.2  The User who purchases a product through the Store must make payment using the payment systems specifically detailed in the Store.

4.3  MISEMIYA, SL. will file the electronic documents in which the contract is formalized, sending a copy to the User once the purchase has been made. The contract will be made in the Spanish language.

4.4  The order confirmation sent by MISEMIYA, SL is not valid as an invoice, only as proof of purchase. MISEMIYA, SL will send the corresponding invoice along with the Product.

5. PAYMENT METHODS

  • With  credit card:  Through Cyberpack managed by La Caixa, one of the most secure online payment gateways currently available, which follows Visa and Mastercard 3DSecure standards, in each transaction the cardholder is asked to authenticate with the card issuing entity.
  • Bank transfer or deposit:  In our Caixa account in the name of MISEMIYA, SL
    Please remember to include your name and order number so that we can identify your payment more quickly and process the order as soon as possible (You will receive the account number when you complete your order).
  • PayPal:  PayPal is a fast and secure way to pay online. You don't have to enter your card or bank account details to pay. You only need your email address and a password.
6.  RIGHT OF WITHDRAWAL
6.1  The user has a right of withdrawal by which he/she may contact MISEMIYA, SL via email at the following address: info@misemiya.com and withdraw from the purchase within a period not exceeding fourteen (14) calendar days, counted from the receipt of the Product, to exercise the right without having to justify the decision and without penalty of any kind. Said return will be made in accordance with the instructions that MISEMIYA, SL indicates to the User in response to his notification of the exercise of withdrawal. The User must return the Product within a maximum period of seven (7) days from MISEMIYA, SL indicating the method of return.6.2  Withdrawal entails the refund of the amount paid for the product plus shipping costs. The return costs are the responsibility of the user/customer. The period for such payment will be as established by law.  6.3  The right of withdrawal cannot be exercised when the Product is not returned in its original packaging and when the Product is not in perfect condition. If the product is not returned in its original packaging, the value of the product will be depreciated.

IMPORTANT: We will not accept the return or exchange of items that have been used, manipulated, damaged or altered in any way. We will not accept returns or exchanges after fourteen (14) calendar days from the delivery date. We are not responsible for any loss or damage to returned products that have not been sent or packaged appropriately by the senders. Packaging: if the product is not returned in the same original packaging, the product will suffer a depreciation, informing the consumer in advance. 7.  CUSTOMER SERVICE7.1  For any incident, claim or exercise of their rights, the User may send an email to the address info@misemiya.com8.1  The territorial scope of sales through the Store is exclusively for the territory of the European Union, so the delivery service will only be for said territory. The Products purchased through the Store will be sent to the delivery address indicated by the User once payment has been verified, the maximum delivery period being thirty (30) days established by default in Law 8.2.  The MISEMIYA, SL delivery service is carried out in collaboration with various prestigious logistics operators. Orders will not be delivered to PO Boxes, hotels or other non-permanent addresses.8.3  Shipping costs are not included in the price of the Products. At the time of purchasing the Product, the User will be informed of the exact shipping cost. 9.  INTELLECTUAL AND INDUSTRIAL PROPERTY9.1  The User acknowledges that all elements of the Store and each of the Products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in relation to them, are protected by intellectual and industrial property rights of MISEMIYA, SL itself or of third parties, and that the General Conditions do not attribute to the User any other rights with respect to said industrial and intellectual property rights other than those specifically contemplated therein.9.2  Unless authorized by MISEMIYA, SL or, where applicable, by the third parties holding the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information accessed through the use of the Store solely for his/her own needs, and undertakes not to directly or indirectly exploit the materials, elements and information obtained through them for commercial purposes.9.3  The User must refrain from circumventing or manipulating any technical devices established by MISEMIYA, SL or by third parties in the Store.10.  DATA PROTECTION10.1  In compliance with Law 15/99 LOPD, we inform you that your personal data and other information provided through the registration form, as well as that from the transactions carried out, will be included and kept in a file for processing, owned by MISEMIYA, SL, as long as its cancellation is not requested. The processing will be used for the development and execution of the sale, the personalized attention of the products and services you purchase and the improvement of said attention, as well as the promotion of products and services of our own and of third-party companies linked to MISEMIYA, SL.  10.2  The User may exercise at any time the rights of access, rectification, opposition or cancellation by contacting MISEMIYA, SL Calle Antonio Salvador,69,Madrid,28026, Spain, and with CIF B-86378338, or by email addressed to info@misemiya.com , attaching a copy of your NIF or substitute identification document.10.3. The answers marked with * in the registration form are mandatory. Failure to answer will prevent the purchase of the selected products.11.  PASSWORDS11.1  MISEMIYA, SL will provide the use of personal passwords to the user who registers as such on the website. These passwords will be used to access the services provided through the Website. The user must keep the passwords in the strictest and absolute confidentiality under his/her exclusive responsibility, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of confidentiality. For security reasons, the password for telematic access to the services linked to the Website may be changed at any time by the user. The User undertakes to notify MISEMIYA, SL immediately of any unauthorized use of his/her password, as well as access by unauthorized third parties to it.12.  COOKIES12.1  MISEMIYA, SL uses cookies to improve its services, facilitate navigation, maintain security, verify the identity of the User, facilitate access to personal preferences and track their use of the Store.Cookies are files installed on the computer's hard drive or in the browser's memory in the folder preconfigured by the operating system of the User's computer to identify him/her.12.2  If the User does not wish to have a cookie installed on his or her hard drive, he or she must configure his or her Internet browser to not receive them. Likewise, the User may freely destroy cookies. If the User decides to deactivate cookies, the quality and speed of the service may decrease and he or she may even lose access to some of the services offered in the Store.13.  APPLICABLE LAW AND JURISDICTIONThe parties agree, at their discretion, to resolve any disputes and waive any other jurisdiction, and to submit to the courts and tribunals of the user's domicile.14. WARRANTY FOR CONSUMER GOODS (goods of a non-durable nature)
In the event of a defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free for the consumer and user. The seller is liable for any lack of conformity that becomes apparent within two months of becoming aware of it. These guarantees will be applied taking into account the nature of the goods marketed on the website. Unless proven otherwise, the products shall be deemed to be in compliance with the contract provided that they meet all the requirements set out below:
a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are suitable for the uses to which products of the same type are normally intended.
c) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.