General terms and conditions of use

These General Terms and Conditions of Use (hereinafter referred to as “General Terms”) govern, together with the Privacy and Cookie Policies, the access to and use of the website accessible through the domain name www.mikmax.com and its subdomains (hereinafter referred to as “the Website”), as well as the purchase of products and/or services through it. Access to the Website gives visitors the status of User (“the User”) and implies full acceptance of these General Terms. Users not consenting to these General Terms must leave the Website immediately and refrain from using it.

By accepting these General Terms, the User acknowledges that:

. He/she has read and understands the content herein.

.He/she is of legal age in accordance with current regulations of his/her place of residence. Otherwise, minors shall have the authorisation of their legal representatives.

. He/she has enough capability to purchase any product and/or services.

. He/she assumes all obligations set forth herein.

The User should read carefully the current General Terms each time he/she accesses the Website as the latter and these General Terms may be subject to change.

The Website owner reserves the right to modify or update, at any time, the content and services offered, as well as these General Terms and in general, any of those elements which make up the design and configuration of the Website.

The modification of these General Terms will not affect the goods or promotions which had been acquired prior to said modification.

In the event that MIKMAX entrusts the custody of successive versions of the General Terms to a third party, both parties acknowledge as a sole valid version of said Terms, at every moment, the one in the database of the trusted third party. 

1.- General Information of the Website 

In compliance with article 10 of Law 34/2002 of 11 July on information society services and e-commerce, the following general information of the Website is provided:

Owner: Cristina Montaña Torrento (hereinafter referred to as “MIKMAX”.

Address: Cami del Pla, s/n

Tax Identification Number: 77304856Q

Telephone number: 696968892

 

2.- Conditions of Use 

2.1.- Access to the Website

Simply accessing the website is free of charge, except for the costs of connection through the telecommunications network supplied by the access provider contracted by the User.

2.2.- Need for Registration 

The use of certain services and contents may be subject to prior Register of the User.

Data provided by the User should be accurate, up to date and true. The registered User will be responsible at all times for the custody of his/her password, assuming consequently any damages arising from misuse, as well as the assignment, disclosure or loss of it. To these purposes, access to restricted areas and/or use of services and contents made under the password of a Registered User will be considered performed by said User who will be liable in any case for said access and use.

2.3.- Rules of use of the Website 

The User is bound to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Terms. He/she is also bound to make appropriate use of the services and/or contents of the Website and not to use them to carry out illegal or criminal acts that may attempt against third parties rights and/or infringe regulations of intellectual and industrial property or any other rule of the applicable legal system.

The User consents to not transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and the General Terms in force. Thus, and in no case in a restrictive or exclusive manner, the User agrees to:

  1. – Not to enter or disseminate content or propaganda of racist, xenophobic or pornographic nature or any that justifies terrorism or that could infringe the rights of individuals.

II.- Not to enter or disseminate through the network data programs (viruses and malware) which are likely to damage the information systems of the access provider, their providers or third party users of the Internet network.

III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that attempts against fundamental rights and public liberties that are recognised constitutionally and in international treaties.

IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or disloyal advertising.

V.- Not to transmit unsolicited or authorized advertising, promotional material, “junk mail”, “chain letters”, “pyramidal structures” or any other form of solicitation except in those areas (such as commercial spaces) that have been exclusively designed for such purpose.

VI.- Not to introduce or share any false, ambiguous or inaccurate information and contents in a way they may mislead the receivers of the information.

VII.- Not to impersonate other Users by using their access passwords to the different services and/or contents of the Website.

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that may involve a violation of intellectual and industrial property rights, patents, trademarks or copyrights that belong to the Website holders or to third parties.

IX.- Not to disclosure, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of communications and personal data legislation.

The User agrees to keep MIKMAX harmless from any possible claim, fine, penalty or sanction that may be required to bear as a result of the User’s failure to comply with any of the abovementioned rules of use. MIKMAX also reserves the right to claim the corresponding compensation for damages.

Sometimes MIKMAX, through its communication means such as newsletters, will provide the User with a link that will allow access to his/her personal account. The access will imply a single private address, so that the User will not need to enter his/her website access passwords. Consequently, the User should treat MIKMAX communications confidentially and refrain from forwarding them to third parties, to prevent unauthorised access to private information on the account.

2.4.- Disclaimer 

The User’s access to the Website does not bind MIKMAX to control the absence of viruses, warms or any other harmful elements. It is the User’s responsibility, in any case, to have appropriate tools to detect and disinfect harmful computer programs.

MIKMAX is not responsible for any damage to the software and hardware of the Users or third parties during the use of the services offered on the Website.

MIKMAX is not responsible for any kind of damages caused to the User resulting from failures or disconnections in telecommunications networks that may lead to discontinuation, cancellation or interruption of the Website’s service during its provision or prior to it.

2.5.- Content and services linked through the Website

Access service to the Website may include technical linking devices, directories and even search tools allowing the User to access other webpages and Internet portals (hereinafter referred to as “Linked Sites”). In these cases, MIKMAX will only be responsible for the contents and services provided in the Linked Sites to the extent that it is aware  of the illegality and has not disabled the link with due diligence. In the event that the User considers there is a Linked Site with illicit or inappropriate content, he/she may inform MIKMAX without in any case said communication entailing the obligation to remove the corresponding link.

In no case the existence of Linked Sites must presuppose the formalisation of agreements with the managers or holders of those sites, nor the recommendation, promotion or identification of MIKMAX with the statements, content or services provided.

MIKMAX does not know the contents and services of the Linked Sites and therefore, it is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damages that are not directly attributable to MIKMAX.

2.6.- Intellectual and Industrial Property

All contents of the Website, including texts, photographs, graphics, images, icons, technology, software, links and other visual and sound content, as well as its graphic design and source codes are the exclusive intellectual property of MIKMAX or third parties, and in no case may be understood being granted to the User none of the exploitation rights recognized by the regulations in force regarding the intellectual property.

The trademarks, trade names or distinctive signs are owned by MIKMAX or third parties and it should not be construed that access to the Website gives any rights over them.

In all cases, the User is aware of and accepts that his/her ratings and comments on products available through the Website will be made accessible to the rest of users of the Website, including the author’s identity.

With regard to all comments freely hosted by the User on the Website whether they include or not an opinion or description of the offered products (hereinafter referred to as “the Contents”), the User grants for free to MIKMAX a non-exclusive use license of global coverage and for the maximum term set forth by law. Based on said license MIKMAX will be able to freely exploit the rights of reproduction, processing, distribution and public communication of the Contents with the sole purpose of being able to provide the services offered by MIKMAX and advertise its products and services.

 

3.- Contract Conditions

 3.1.- User Registration

 The use of the services provided by MIKMAX implies the need for User to register on the Website.

The User must register indicating his/her full name, e-mail address… Once the registration is completed, a message will be sent to the designated e-mail account with a link the User must follow to confirm that he/she has gained access to said account.

The User will be required to accept these General Terms as well as the Privacy Policy and Cookies Policy.

Once successfully register on the web, the User may access any time “My Account” page through which he/she can modify personal data as well as the data related to order shipment, check if there are pending orders, etc.

 3.2.- Shipping conditions

MIKMAX only sends its products to: Spain, France, Italy, Germany, Holland, Belgium, Denmark, Luxemburg, United Kingdom, Ireland, Sweden, Finland, Czech Republic, Slovakia, Slovenia, Poland, Romania, Latvia, Lithuania, Hungry and Estonia. It will not be possible to carry out the purchase process through the Webpage to destinations other than those indicated.

The purchase of products on the Website is subject to payment of shipping fees by the buyer.

Shipping costs will depend on the destination and the number of products purchased, in accordance with the indicative price table shown below. In any case, actual shipping fees shall be detailed during the purchase process and the buyer will be able to check these costs before completing the purchase. MIKMAX shall not be liable for delays in delivery of orders due to reasons not directly attributable to MIKMAX, including acts of God or force majeure events.

SHIPPING PRICES

France/Germany/Holland/Belgium /Denmark/Luxemburg/Czech Republic

0-10kg   18,00€

10- 20kg   20,00€

20-30kg   22,00€

Slovakia/Slovenia/Italy/ Poland

0-10kg   22,00€

10-20kg   24,00€

20-30kg   26,00€

United Kingdom/ Ireland /Sweden/Romania/Latvia/Lithuania/Hungry/Estonia / Finland

0-10kg   30,00€

10-20kg   33,00€

20-30kg   36,00€

The abovementioned shipping costs include, besides the transport of the items, its packaging in boxes especially designed to transport (PRODUCT), insurance against loss or breakage and VAT.

Delivery of the orders will be made at the delivery address freely designated by the User. MIKMAX will not assume any responsibility when the delivery of the product does not take place due to inaccuracy or falseness of the data submitted by the User to that end, as well as for reasons beyond the control of MIKMAX such as the absence of the recipient in the delivery address.

In case of absence of the recipient and where possible, a notice of attempted delivery will be left whether with the necessary information to arrange for a new delivery at the same address or with indications for the recipient to pick up the product at a specific location. In any case, after 7 days since the last delivery attempt without the order having been delivered, the same will be returned to the origin proceeding to terminate the contract.

 3.3.- Delivery options

 For Shipments to Spain (except Canary Islands, Ceuta and Melilla), MIKMAX offers different shipment options intended to make delivery easier. Contracting said options implies the payment of an additional delivery cost when completing the order.

3.4.- Product selection

 All registered User may contract the purchase of products through the Website.

The purchase process in MIKMAX is based on a virtual shopping basket to which the User can add the products he/she wants to buy.

To add products to the shopping basket, once on the product description page and having chosen the customizing options available, the User should select the “add to basket” option.

The User can access and modify the content of the basket at all times.

 3.5.- Order processing

 Once the products to purchase are in the shopping basket, the User will be able to initiate the order processing by selecting the “see basket” option which will show the User the content of the virtual basket, allowing either to modify or to remove the products previously added.

The User should ensure that the products shown on screen are those he/she wants to purchase, and select from the geographical areas listed, the one that corresponds to the shipment address. In this step, the total price of the selected products and shipping costs generated are shown. At this point, the User may also view, if appropriate, the promotions automatically applied to his/her order and use promo codes and/or gift vouchers.

By pressing the “NEXT” button, the User accesses a panel where he/she must enter the shipping data. To proceed with the contract process, the User will be asked to fill in the shipping details, including his/her full name, telephone number and address, completing all fields marked as mandatory. In this section the User may enter useful information which is deemed necessary for the courier, though MIKMAX cannot guarantee its compliance.

Should the User desire the billing address to be different from the shipping address, he/she must check the box “My billing address is other than the shipping address” and fill in the appropriate information. In this section, the User may as well add a message to the recipient, being especially suitable in case of making gifts.

In the next step of the purchase process, the User should select the payment method.  At this stage, the exact amount to be paid is indicated again to the User, that is to say, the products price plus the shipping fees, net of any promo discount and/or gift voucher.

Following the link “PLACE AN ORDER” the User will be directed to the chosen payment gateway. Once the payment has been successfully processed, the order will be automatically processed. Full details of the order will appear on screen and an email will be sent to the User to confirm transaction.

 3.6.- Price of Products

Prices of products are those that figure in the description accompanying each product. All prices indicated in the product description are quoted in Euros (€) and inclusive of Value Added Tax (VAT).

 3.7.- Payment Method

 The purchase of products through MIKMAX gateway accepts the following payment methods:

  • Credit card or debit card (VISA, MASTERCARD AND AMERICAN EXPRESS) through a virtual payment terminal (VPT)

To use the credit card through a virtual terminal, the buyer should fill out a form indicating the name of the card holder, the card type, expiry date and the security code or CVC.

MIKMAX has no access to the bank details related to means of payment and neither knows nor registers these data during the payment process.

 3.8.- Acceptance receipt confirmation

 Once the purchase process is completed, The User will be sent a communication to the email address provided in the registration form, detailing product features, price, chosen shipping method, contracting date, order number and delivery date.  Likewise, a permanent link to the current General Terms will be sent to the email address provided by the User. The User may request, at any time and free of charge, a copy of the General Terms applicable at all times to MIKMAX or to any third party designated for registration and control of versions, if applicable.

 3.9.- Right of withdrawal

 The buyer will have a period of fourteen (14) calendar days after receiving the product to exercise his/her right of withdrawal with no need to provide any justification and without penalty.

The buyer should express his/her intention of withdrawal within the indicated period and proceed with the return of the product. To that end, the User may send an email to info@mikmax.com indicating his/her name and address and the order number. He/she may as well contact the company by telephone in order to speed up the refund process.

MIKMAX will refund the sums paid by the User with no expense withholding. However, the User shall pay for return shipping costs.

Once received the products subject of return and verified its correct status, MIKMAX will proceed to refund the User the amounts paid within a maximum period of 10 calendar days. Products not retaining its original packaging may suffer loss in value.

 3.10.- Exceptions to the right of withdrawal

 The right of withdrawal shall not apply to contracts relating to:

  1. The provision of services; once the service has been fully executed; when implementation has begun; with prior consent of the consumer and user and acknowledgement on his/her part that he/she is aware that once the contract has been fully implemented by the business owner, he/she will have lost the right of withdrawal.
  2. The supply of goods or the provision of services which price depends on fluctuations in the financial market beyond control of the business owner and that may occur within the withdrawal period.
  3. The supply of goods made according to consumer and user specifications, or clearly customized.
  4. The supply of goods likely to deteriorate or expire rapidly.
  5. The supply of sealed goods that are not suitable to be returned for reasons of health or hygiene protection and that have been unsealed after delivery.
  6. The supply of goods which, after delivery and considering its nature, have been inseparably mixed with other goods.
  7. The supply of alcoholic beverages whose price has been agreed at the time of signing the sales agreement and which are unable to be delivered within 30 days, as well as which actual value depends on market fluctuations beyond the control of the business owner.
  8. Contracts where the consumer and user has specifically requested the business owner’s presence to carry out urgent repairs or maintenance works. If during that visit, the business owner provides additional services other than the ones requested by the consumer, as well as goods other than the spare parts specifically needed to perform the repair or maintenance work, the right of withdrawal should also apply said additional services or goods.
  9. The supply of sealed audio or video recordings, or sealed software programs which have been unsealed by the consumer and user after delivery.
  10. The supply of newspapers, periodicals or magazines, except subscription contracts for the supply of such publications.
  11. Contracts concluded by means of public auctions.
  12. The provision of accommodation services for purposes other than housing, transportation of goods, car rentals, catering or leisure-related services as regards to contracts providing for a specific date or period of implementation.
  13. The provision of digital content supplied with no tangible medium in case the implementation has begun with prior consent of the consumer and user, consequently acknowledging that he/she loses the right of withdrawal.

 4.- Nullity and ineffectiveness of the clauses

 Should any clause in these General Terms be declared to be partially or totally null or ineffective, such nullity or ineffectiveness shall solely affect said provision or the part of the same that is null or ineffective, and prevailing the current General Terms in all other aspects, considering such provision totally or partially as not included.

 5.- Applicable law and jurisdiction

 These General Terms are governed by and construed in accordance with Spanish law. MIKMAX and the User agree to submit any dispute that may arise from the provision of products or services subject to these General Terms to the Courts and Tribunals of the User’s address.