GENERAL CONTRACT CONDITIONS

GENERAL CONTRACTING CONDITIONS - PRODUCTS

Information prior to the contractual process

This website https://www.misemiya.com It is owned by MISEMIYA SL with NIF B86378338 and fiscal address at ANTONIO SALVADOR 76 — BJ 28026, MADRID.

The General Contracting Conditions regulate the distance selling relationship between MISEMIYA SL and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

MISEMIYA SL reserves the right to make any changes it deems appropriate, without prior notice, to the General Conditions. Such changes may be made, through its websites, by any means admissible by law and will be binding for as long as they are published on the website and until they are validly modified by subsequent ones. However, MISEMIYA SL reserves the right to apply, in certain cases, Specific Contract Conditions with preference to these General Conditions when it deems appropriate, announcing them in a timely and appropriate manner.

The purpose of the website is the sale of work uniforms.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a user or client, you expressly declare that you know, understand and accept the conditions of use and these general terms and conditions of contract. Likewise, you declare that you are of legal age and have the legal capacity and ability to act necessary to access the MISEMIYA SL websites and to contract through them.

The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/

To purchase our products, you can go to the corresponding section of our online store.

You may register as a user of the website to make an online purchase in the corresponding section on the website itself. In accordance with the applicable and current regulations on data protection, MISEMIYA SL informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the processing system owned by MISEMIYA SL, for the purpose of processing such actions by the user and managing subsequent actions derived from them.

Your data will be kept for the period strictly necessary to fulfil the purposes previously set out, unless there is a legal obligation to retain it.

We inform you that the legal basis for the processing of your data is the correct execution of the contract between the parties and consent.

In accordance with the rights conferred on you by current data protection regulations, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data, as well as the consent given for the processing thereof, by directing your request to the address mentioned above or to the email address info@misemiya.comYou may contact the competent Control Authority to submit any claim you consider appropriate.

During the purchasing process you must identify yourself with the username and password provided. These details will not be public. You are responsible for treating the identity and password obtained during customer registration confidentially and responsibly, and may not transfer them to another person. You can modify the information registered at any time in your customer area. In this same section you will have access to a history of your orders. This is only a consultation section but its management is allowed, and the user can delete those records that he or she considers not necessary to view.

Once the purchase process is completed, the customer will receive confirmation of the same by email. It is essential that during the purchase process the user indicates a valid email address. If within 24 hours of completing the order you do not receive confirmation, please contact MISEMIYA SL on the customer service telephone number  628030939 or by email info@misemiya.com.

All content on the website is in Spanish, English, German, French, Italian and Portuguese.

The customer, upon receiving the product at the delivery address provided, will receive an invoice or copy of the order.

Offer and validity

In the case of a product on offer, the offer price and validity of the offer will always be indicated along with its essential characteristics.

In compliance with current regulations, MISEMIYA SL offers information on all items for sale, their characteristics and prices. However, MISEMIYA SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing the content of the same. In this way, the products offered at any time on the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company will have the right to stop offering, without prior notice and at any time, access to the aforementioned products.

Essential characteristics of the products

The products offered in our online store include a photograph and the essential characteristics of the same; this is the information obtained from the manufacturer itself. The colour of the product, observable in the photograph, is not binding. The colour is identified in the characteristics.

Warranties

All products offered on the website have the commercial guarantee of the supplier. MISEMIYA SL has an after-sales service, while the guarantee is valid, the customer may execute it by contacting the MISEMIYA SL establishment, the after-sales service, by email to info@misemiya.com or to the points established by the supplier itself. In case of doubt you can contact the customer service telephone number   628030939  or by email info@misemiya.com.

Prices

All products indicate the sales price in Euros and include Value Added Tax (VAT).

If any other tax is applicable, it will be indicated (IGIC or IPSI).

Shipping and delivery costs

Shipping costs are €2.99 plus VAT for all of Spain, except for the Balearic Islands, where they cost €6.99 plus VAT, regardless of the weight of the shipment.

Shipping will be carried out by Correos Express.

Payment methods

The customer may pay the amount of his order by choosing any of the following methods. During the purchase process he must indicate his choice:

- VISA or MASTERCARD credit card

All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on the SSL (Secure Sockets Layer) standard security technology. All information you transmit to us travels encrypted over the network.

Likewise, your credit card details are entered directly on the bank's website, in the Virtual POS (Redsys) and are not entered or registered on any MISEMIYA SL server. To pay, you will connect directly to the Redsys electronic payment platform. https://sis.redsys.es/sis/realizarPago.

When paying with a VISA or MASTERCARD card, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD card, thus offering more guarantees about the security of the transaction.

This payment method is only valid on the web.

When the amount of a purchase has been fraudulently or improperly charged using a payment card number, the cardholder may demand immediate cancellation of the charge. In such case, the corresponding debit and credit entries in the accounts of the supplier and the cardholder will be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the request for a refund was not a consequence of having exercised the right of withdrawal or termination and, therefore, had unduly demanded the cancellation of the corresponding charge, the former will be obliged to MISEMIYA SL to compensate for the damages and losses caused as a consequence of said cancellation.

- Bank Transfer

By selecting bank transfer you will receive, along with the confirmation of your order, an email with the bank details of MISEMIYA SL.

It is very important that when making the transfer you indicate the order number, as well as your name and surname, in the subject line, and make the transfer within 3 days after the order confirmation date in order to validate it.

If you wish, you can send us proof of transfer by e-mail. info@misemiya.comHowever, in any case, the order will not be considered effective until our administration department has bank confirmation of the transfer.

Please note that payment must be made in EUROS and that any exchange and bank fees are your responsibility.

In the case of bank transfers made from outside Spain, it is very important that when ordering the transfer you always inform your bank that you will be responsible for the commissions at origin, any bank commissions and expenses corresponding to your entity. Otherwise, MISEMIYA SL could stop the shipment of your order if it does not receive the full amount of the same.

Any exchange and bank fees are the responsibility of the customer.

- PayPal

PayPal allows you to send payments online safely and conveniently. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global, real-time payment solution. PayPal offers a service especially designed for those who are not satisfied with traditional payment mechanisms.

More information at PayPal. .http://www.paypal.com.

Order execution

MISEMIYA SL undertakes to deliver the order within a maximum of ........ days, starting the day after the order is placed.

The availability of the products offered by MISEMIYA SL may vary depending on customer demand. Although MISEMIYA SL updates its stock periodically, the product requested by the customer may be out of stock at that time. In the event of non-performance due to unavailability, MISEMIYA SL will notify the customer by email as soon as it becomes aware of this situation. The period of this communication will in no case exceed the maximum period of 30 days. MISEMIYA SL may give the double option of: supplying the customer with a product of similar characteristics or of superior quality without an increase in price, or, except for justified and demonstrable reasons by MISEMIYA SL within this same period, refunding the sums paid for the cancelled order.

Right of withdrawal

The buyer will have a period of fourteen calendar days to withdraw, starting from the day the customer receive the product, without any penalty and without giving any reason.

The exercise of the right of withdrawal must be carried out by notification via telephone communication to   628030939, by sending an email to info@misemiya.com, sending your letter to our postal address ANTONIO SALVADOR 76 — BJ 28026, MADRID, or through the withdrawal form.

The return

The customer must return or deliver the product directly to MISEMIYA SL, at the address ANTONIO SALVADOR 76 — BJ 28026, MADRID, without any undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right to withdraw from the contract is formalised. The deadline will be deemed to have been met if the customer returns the product before the end of the period.

The customer will be responsible for the costs of returning the product.

Refund of payment

Refund of amounts received by the customer will be made using the same payment methods used by the customer, unless otherwise agreed.

MISEMIYA SL may retain the refund until it has received the product, reason for withdrawal, or until the customer provides proof of return of the same, depending on which condition is met first.

Return of defective product

In the event that the product is not in good condition and the causes attributable to it are not the client's fault, the client will have the right to return the product, informing MISEMIYA SL of the reason for the return through any of the means provided in these contracting conditions, and at no cost to the client. This return due to defect or poor condition of the product will not be considered a right of withdrawal.

MISEMIYA SL undertakes to assume the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale.

If the customer wishes to file a claim, the MISEMIYA SL establishment is located at ANTONIO SALVADOR 76 — BJ 28026, MADRID or via email info@misemiya.com.

Jurisdiction

Likewise, MISEMIYA SL reserves the right to file any civil or criminal actions it deems appropriate for the improper use of its website and content or for failure to comply with these conditions.

The relationship between the user and the provider shall be governed by the regulations in force and applicable in Spanish territory. If any dispute arises, the parties may submit their conflicts to arbitration or resort to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard. MISEMIYA SL has its registered office in MADRID, Spain.

LAST UPDATE: April 8, 2022

RIGHT OF WITHDRAWAL – FURTHER INFORMATION

CLAUSE FORM RIGHT OF WITHDRAWAL

In accordance with the provisions of current and applicable regulations on the protection of personal data, we inform you that the data obtained from this form will be incorporated into an automated processing system under the responsibility of MISEMIYA SL in order to meet your right of withdrawal under the provisions of Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.

You may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data as well as the consent given for the processing thereof, by directing your request to the address ANTONIO SALVADOR 76 — BJ 28026, MADRID or by email info@misemiya.com.

You may contact the competent Control Authority to submit any claim you consider appropriate.

Sending this form implies the formalization of your right of withdrawal and, consequently, the extinction of the obligation to execute the contract entered into between the parties. Once your request has been processed, MISEMIYA SL will send you an acknowledgement of receipt through the communication channel that you have indicated in the aforementioned form. We remind you that you must keep it as proof of the exercise of your right of withdrawal.

MODEL WITHDRAWAL FORM (WEB FORM)

MISEMIYA SL may include on its website the following withdrawal form with the minimum indicated content:

Date
Order received/ service
Name of the interested party
Address of the interested party
Email
Other ways to contact us

MODEL WITHDRAWAL FORM (DOWNLOADABLE OR PAPER FORMAT)

MISEMIYA SL may provide the user with the following withdrawal form with the minimum content indicated, free of charge and accessible. The user must complete it and send it to the entity so that they can retain the acknowledgment of receipt.

MISEMIYA SL ANTONIO SALVADOR 76 — BJ 28026, MADRID 628030939 info@misemiya.com

I hereby inform you that I am withdrawing from the sales contract for the following product/service:

Order received/ service
Name of the interested party
Address of the interested party
Email
Other ways to contact us
Date and place	Signature of the interested party

MISEMIYA SL must provide a valid email address to exercise the right of withdrawal or any other form of lasting communication.