1. GENERAL INFORMATION
2. OBJECT OF THE CONTRACT
3. PRODUCT PURCHASE
3.1 How to buy Products
3.2 Availability of Products
All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, MIMOSA Studio cannot provide the requested Product for any reason, it will contact the User as soon as possible in order to report this circumstance. In this case, MIMOSA Studio may:
(i) offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or
(ii) offer the User to cancel the requested Order, refunding the amount paid within (14) business days." 3.3 Refusal to process an Order Although MIMOSA Studio will always endeavour to process all Orders, there may be exceptional circumstances in which it may be forced to refuse to process an Order after having sent the Order Confirmation, and MIMOSA Studio reserves the right to do this at any time at its sole discretion. MIMOSA Studio reserves the right to withdraw any Product from the Web Site at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the Web Site.
3.4 Product Warranty
(i) They adhere to the description given by MIMOSA Studio and possess the qualities of the Product that MIMOSA Studio has presented to the User as a sample or model.
(ii) They are suitable for the uses normally given to Products of the same type.
(iii) They are suitable for any particular purpose required by the User when this has been reported to MIMOSA Studio, provided that MIMOSA Studio has accepted that the product is suitable for such use.
(iv) They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item.
In the event of proven Product nonconformity with the required specifications, MIMOSA Studio shall where appropriate, repair, replace, reduce the price or terminate the contract, at no cost for the User. MIMOSA Studio shall not be liable for damage to the Products that may result from misuse thereof or from actions or omissions of the User that do not conform to the specifications of each Product, or for damage caused by third parties not related to MIMOSA Studio. MIMOSA Studio puts great care in the presentation and description of the Products. However, the photographs of the products are presented by way of illustration. For information on the precise characteristics of each Product, the User must check the description accompanying each Product. In order to know the characteristics related to every product do not hesitate to contact firstname.lastname@example.org
Once the Order Confirmation is sent, the Products will be delivered to the address specified by the User when making the Order within approximately one to seven (1-4) working days in Spain, 4-12 working days in Europe, excluding Saturdays and public holidays, from when the purchase is done. In the case of express shipments, the delivery time will be 24/48 during working days,excluding saturdays and public holidays, from when the purchase is done. MIMOSA Studio assumes no liability where the Product is not delivered due to the fact that the data provided by the User is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of User or the retention of the Product by Customs. Delivery times are approximate, although MIMOSA Studio tries to meet them.
3.6 Delivery costs
Delivery costs include transport, insurance and customs at source. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties)are not included; the recipient will have to settle these in cash in order to receive the merchandise. The recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted. The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which MIMOSA Studio cannot be held responsible. Neither shall MIMOSA Studio accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control. MIMOSA Studio does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order.
3.7 Price and payment of the Products
The prices applicable to each Product will be those published on the Web Site on the date on which the Order is placed by the User. Although MIMOSA Studio tries to ensure that all prices listed on the Web Site are accurate, errors may occur. In the event that MIMOSA Studio discovers an error in the price of any of the Products that a User has requested, it will inform the User as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If MIMOSA Studio fails to contact the User, the order will be considered cancelled and the User shall be fully refunded any amounts paid. MIMOSA Studio shall not be required to provide the User with any Product at an incorrect lower price (even if the Order Confirmation has been sent) if the pricing error is obvious and unmistakable and could be reasonably recognized by the User as an incorrect price. The prices may change at any time. However, any changes will not affect the Products with respect to which MIMOSA Studio has already sent a Order Confirmation. a) Form of payment Users may pay by credit card or Visa debit, Visa Electron, MasterCard, American Express, and Paypal. To minimize the risk of unauthorized access, the User's credit card details will be coded using SSL. Both if the payment is made by credit or debit card or via Paypal, the charge will be made at the time when MIMOSA Studio sends the Order Confirmation to the User. b) Value Added Tax (VAT) The VAT rate will be the legally applicable rate at each time depending on the particular product.
4. RETURN AND EXCHANGE POLICY
a) Right of withdrawal Under applicable regulations, in the event that the User is contracting as a consumer, s/he may cancel the contract (except for the cases established by law) and freely return or change the delivered Products at any time within fourteen (14) calendar days from the date of delivery (the “Withdrawal Period”). Once the returned Product has been inspected to verify compliance with the requirements of section c) below, and in the case that the User decides not to exchange the Product, MIMOSA Studio shall refund the User the amount paid for Product, excluding shipping expenses which will be paid by the User in accordance with the table below: EXCHANGES For an exchange the procedure is really simple. Please return the ones you received and make a new purchase. Once we receive the returned ones a refund will be issued and the exchange will be complete. RETURNS You have 14 days and the product must be unused and sent in a careful way so that the product doesn't suffer any damage. please write clearly "Returned goods, no commercial value" on the package. If you need to return a product let us know first and keep tracking numbers to have proof of shipment. The package must be returned to the following address: MIMOSA Studio, Carrer d’Ernest Lluch 32, TCM2. Mataró, 08032 If you need us to pick up the package to make your return easier, please let us know. We will let you know the cost prior to pick up, for your acceptance. Upon expiry of the Withdrawal Period, no Product exchanges or returns will be accepted. Product exchanges will only be accepted for defective products in accordance with the provisions of section b) below. b) Return of defective Products In the event that the User considers that the Product does not conform to the Product’s specifications, the User shall immediately contact MIMOSA Studio at the e-mail address email@example.com with details of the Product and the defect and specifying whether s/he chooses to return the Product or to exchange it for an identical Product. The User may return the Products at the place where they were delivered to a courier which will be sent by MIMOSA Studio or return the Product using his or her own means. Once the returned product has been inspected, MIMOSA Studio will send within a reasonable time, an email informing the User whether the Product will be refunded or replaced (the “Refund or Exchange Decision”). In that case, the Product will be refunded or exchanged as soon as possible and in any event within fourteen (14) days following the date on which the Refund or Exchange Decision was sent." c) Common provisions for returns The User shall comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of Products:
(i) To arrange collection of the Product, the User must first contact MIMOSA Studio by email at the following address: firstname.lastname@example.org;
(ii) The User may evidence his or her right of withdrawal in any manner permitted by law; such right shall in any case be deemed to have been validly exercised by returning the Product;
(iii) The Product must be returned in the same condition in which it was received. MIMOSA Studio shall not refund any amount if the product has been damaged, so the User must be careful with the Product while in his or her possession; (iv) MIMOSA Studio is not responsible for lost packages sent by the user in the process of exchange, return or repair. Thus, we strongly recommend that all shipments carried out by the user are traceable, with a tracking number or similar, as supplemental proof; and
(iv) The refund will be made using the same form of payment as used to pay for the Product.
5. USE OF THE WEBSITE
6. INTELLECTUAL PROPERTY
All information contained on the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property. These rights belong exclusively to MIMOSA Studio, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations. The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Web Site without the prior written consent of MIMOSA Studio." The authorization for the use of any content of the Web Site can be requested by writing to the e-mail address email@example.com . The provisions of the preceding paragraphs will not under any circumstances mean that MIMOSA Studio assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.
7. INDUSTRIAL PROPERTY
The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Web Site belonging to MIMOSA Studio, and very specifically, the group of words “MIMOSA Studio” may not be used without the prior written consent of MIMOSA Studio.
8. LINKS TO THIRD PARTY WEBSITES
The links contained in the Web Site, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than MIMOSA Studio, are not the responsibility of MIMOSA Studio, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, MIMOSA Studio shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between MIMOSA Studio and the owner of the website to which the link is directed.
11. CONTACT AND WRITTEN COMMUNICATIONS
12. APPLICABLE LAW AND JURISDICTION