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www.mimamu.es
1. GENERAL INFORMATION
The ownership of this website www.mimamu.es, (hereinafter Website) is held by: Mariana Aguilar López, with NIF: 55360539E, and whose contact details are:
Address: Carrer de Sant Martí de Porres, 1, Bajos 2 (08032)
Contact phone number: +34 633564312
Contact email: marianaagui@gmail.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mimamu.es) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that MIMAMU.ES carries out through the Website includes:
Offer of professional services for various home-based teaching for families and children.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of MIMAMU.ES. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.
Likewise, please be advised that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will apply.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. MIMAMU.ES does not guarantee that the Website complies with the laws of other countries, either in whole or in part. MIMAMU.ES declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may formalize, at his/her discretion, with MIMAMU.ES the contract of sale of the desired services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE PROCESS
Users may purchase on the Website by the established means and methods. They must follow the online purchasing and/or acquisition procedure of www.mimamu.es, during which various services may be selected and added to the cart, basket or final purchase space and, finally, click on: "Pay"
Likewise, the User must complete and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that MIMAMU.ES has received their order or request for purchase and/or provision of the service, i.e. the order confirmation.
Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email. Likewise, the User may, if he or she so wishes, obtain a copy of his or her invoice in paper form by requesting it from MIMAMU.ES using the contact spaces on the Website or through the contact details provided above.
The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.
Communications, purchase orders and payments involved in transactions made on the Website may be archived and kept in the computerized records of MIMAMU.ES in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
In the explicit case of those products that are marketed through external links used on this Website, MIMAMU.ES has no control over those sites or their content, subject to their own terms and conditions. Therefore, MIMAMU.ES is not responsible for the quality, veracity or accuracy of the information contained therein.
4. AVAILABILITY
All purchase orders received by MIMAMU.ES through the Website are subject to the availability of the schedule and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the provision of the services. If difficulties arise in the provision of the services, MIMAMU.ES undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible for whatever reason.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.
Under no circumstances will the Website automatically add additional costs to the price of a service, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card, and bank transfer
Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by MIMAMU.ES and/or Mariana Aguilar López.
MIMAMU.ES uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to verification and authorization by the bank that issued them. If said bank does not authorize the payment, MIMAMU.ES will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once MIMAMU.ES receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time that confirmation of the service provided is sent to the User in the manner and, where applicable, at the established place.
If the payment method is a gift card or credit card, the charge will be made at the time MIMAMU.ES sends a confirmation of the order for the acquisition of services to the User.
In any case, by clicking on "Pay" the User confirms that the payment method used is his/her own, or that, where applicable, he/she is the legitimate holder of the gift card or the credit card.
Purchase orders for which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by MIMAMU.ES for the Website. When the system receives the transfer, the service can be provided.
Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, MIMAMU.ES will not be able to validate the order, which will be cancelled.
6. EXECUTION OF THE SERVICE
The contracted services will be carried out within the following territory: Spain (Peninsula)
Except in those cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the personalization of the services, the purchase order consisting of the services listed in each purchase confirmation will be delivered to the User within the period indicated and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason attributable to MIMAMU.ES, the date of execution of the service cannot be met, the User will be contacted to inform him of this circumstance and he may choose to continue with the purchase by establishing a new execution date subject to availability or cancel the order with a full refund of the price paid. In any case, the service is provided at home and it is the responsibility of the user to provide the appropriate information about said location.
If it were impossible to carry out the service due to the User's absence, the order could be cancelled after notifying the User. In such case MIMAMU.ES will adhere to the specifications set out in the right of withdrawal (clause eight of these Conditions).
If the User is not going to be at the place during the agreed time slot, he/she must contact MIMAMU.ES at least 48 hours in advance to arrange another day. If this notification is not received within the agreed time, MIMAMU.ES will be subject to the specifications set out in the right of withdrawal (clause eight of these Conditions).
If 30 days have passed since your order was confirmed, and it has not been executed for reasons not attributable to MIMAMU.ES, MIMAMU.ES will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
For the purposes of these Conditions, the execution of the service shall be deemed to have taken place at the time when the User or a third party indicated by the User has held the face-to-face meeting on the agreed date and place, which shall be accredited by the User's signature.
Any risks that may arise from the services and information received and/or their application and interpretation will be the responsibility of the User from the moment the service is performed. The User is responsible for the proper exercise of parental practices in child rearing.
In the case of digital services offered on MIMAMU.ES, it is necessary to have the following technical requirements that are the responsibility of the User to comply with for the correct execution of the service:
- Have a desktop computer or laptop with a Windows XP or later operating system or a MAC with updated operating systems, or a mobile device (such as a cell phone or tablet), all of them with good enough Internet access to allow you a secure and stable connection.
- Have access to Zoom or Meet (or similar), a digital tool that will be used for online meetings in each service modality.
- Have a webcam or camera on your mobile phone to be able to connect with a video image during online meetings.
- Have an external microphone or the built-in microphone of your electronic devices, to be able to make your interventions in online meetings.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed 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 applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
Users are hereby informed that if they detect that an error has occurred when entering the data required to process their purchase request on the Website, they may modify the data by contacting MIMAMU.ES through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General information).
In any case, the User, before clicking on "Pay", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RIGHT OF WITHDRAWAL
In cases where the User acquires services on or through the owner's Website, he/she has a series of rights, as listed and described below:
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire on the same day that the User or a third party authorized by the User received the execution of the services purchased on the MIMAMU.ES Website or, in the event that the services that make up the order are executed separately, on the day that the User or a third party authorized by the User received the execution of the last of those services that made up the same purchase order, or in the case of a service contract, 14 calendar days from the date of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify MIMAMU.ES of his/her decision. This may be done, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that MIMAMU.ES makes available to him as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, MIMAMU.ES will reimburse the User for all payments received, without undue delay and, in any case, no later than 14 calendar days from the date on which MIMAMU.ES is informed of the User's decision to withdraw from the contract.
MIMAMU.ES will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional costs for the User.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; without their packaging, as they are sealed for delivery; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.
The provision of a service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been started and/or completely executed by MIMAMU.ES, they will have lost their right of withdrawal.
In any case, no refund will be made under the aforementioned circumstances.
The withdrawal form template can be downloaded from the following link: https://es-mimamus.myshopify.com/en/pages/condiciones-de-contratacion
9. DISCLAIMER
Unless otherwise provided by law, MIMAMU.ES will not accept any responsibility for the following losses, regardless of their origin:
- any losses which were not attributable to any breach on its part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of services was entered into between both parties.
Likewise, MIMAMU.ES also limits its liability in the following cases:
- MIMAMU.ES applies all measures concerning the provision of accurate information about the service on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this nature. As well as those of a linguistic and/or communicative nature, reading and interpretation.
- Technical failures that, for unforeseen or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. MIMAMU.ES makes every effort to carry out the purchase, payment and execution of the services process, however it is exempt from liability for causes that are not attributable to it, such as unforeseen events or force majeure.
- MIMAMU.ES will not be responsible for the misuse and/or wear and tear of the products that have been used by the User.
- In general, MIMAMU.ES will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and MIMAMU.ES will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. MIMAMU.ES will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with MIMAMU.ES are electronic (email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that MIMAMU.ES sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with MIMAMU.ES through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, MIMAMU.ES may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by MIMAMU.ES of any specific right or legal action or the lack of requirement by MIMAMU.ES of strict compliance by the User of any of its obligations will constitute a waiver of any other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.
No waiver by MIMAMU.ES 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 the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement between the User and MIMAMU.ES in relation to the object of sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.
The User and MIMAMU.ES acknowledge having agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
Any personal information or data provided by the User to MIMAMU.ES during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between MIMAMU.ES and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send MIMAMU.ES any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, MIMAMU.ES has official complaint forms available to consumers and users, which they can request from MIMAMU.ES at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between MIMAMU.ES and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22 / EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
This General Conditions of Sale document was created on 08/22/2024.