General Terms and Conditions of Sale

1. GENERAL INFORMATION

The ownership of this website, https://www.midimal.shop, (hereinafter, Website) is held by: HAUS OF WOREVA SL, with NIF: B67333039 and registered in: Barcelona Mercantile Registry with the following registration details: Volume 46654 Folio 33, Sheet B 526763 and whose contact details are:

The ownership of this website, https://www.midimal.shop, (hereinafter, Website) is held by: Victor Salmerón Fernandez, with NIF ES47160353A.

All items for sale on this Website are marketed through: HAUS OF WOREVA SL, with NIF: B67333039 and registered in: Barcelona Mercantile Registry with the following registration details: Volume 46654 Folio 33, Sheet B 526763 and whose contact details are:

Address:

Angel Guimera, 235
08223 Terrassa, Barcelona
Contact telephone number: 936 94 05 06
Contact email: hola@midimal.es

This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (www.midimal.shop) 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 Midimal carries out through the Website includes:

Marketing and distribution of furniture, lighting, and home accessories from major brands, subject to authorization and acting as suppliers. Also offered are services offered through Midimal.es and Midimal Studio.

In addition to reading these Terms and 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 Midimal's privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by everything mentioned above. Therefore, if you do not agree with all of them, you should not use this Website.

Likewise, we inform you that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.

For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact information provided above or, where applicable, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), whereby all the Conditions established herein are accepted from the moment browsing of the Website begins, 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 proper use of the Website. This responsibility extends to:

• Use this Website only to make legally valid inquiries and purchases or acquisitions.

• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities reported.

• Provide truthful and lawful contact information, such as 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 User may, at their discretion, formalize with Midimal the purchase agreement for the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at www.midimal.shop, during which various products and/or services may be selected and added to the shopping cart, basket, or final checkout area, and finally, click "Buy, pay now, and process order."

Likewise, the User must complete and/or verify the information requested at each step. However, during the purchasing process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that Midimal has received their order or request for purchase and/or service provision, i.e., the order confirmation. They will also be notified by email when their purchase is being shipped. Where applicable, this information may also be made available to the User through their personal login space on the Website.

Once the purchase process has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email and, where applicable, through their personal account on the Website. Furthermore, the User may, if desired, obtain a paper copy of their invoice by requesting it from Midimal using the contact information on the Website or using the contact information provided above.

The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale that apply to the product and/or service in question and that are displayed alongside the presentation or, where applicable, the image of the product and/or service on the Website page. These conditions include, but are not limited to, and depending on the case, the following: name, price, components, weight, quantity, color, product details or characteristics, the method in which the services will be provided, and/or the cost of the services. They also acknowledge that placing the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

Unless expressly indicated otherwise, Midimal is not the manufacturer of the products sold or that may be marketed on the Website. While Midimal makes every effort to ensure that the information displayed on the Website is accurate, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that shown on the Website. Therefore, the User should consider not only the information provided on the Website, but also the information available on the labeling, warnings, and/or instructions accompanying the product.

Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in Midimal's computerized records 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.

4. AVAILABILITY

All purchase orders received by Midimal through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services.

Due to the characteristics of the products for sale on this Website, the vast majority of them are made to order. For this reason, the manufacturing times indicated in the description or product information sheet for each product are indicative and may be subject to change. Increased manufacturing times will in no case result in a right to a refund or cancellation of the purchase in the case of a made-to-order or customized product (clause eight of these Terms and Conditions).

If supply difficulties arise that prevent the manufacturer from manufacturing the product(s), or if products are out of stock, Midimal undertakes to contact the User and refund any amount that may have been paid. This also applies in cases where the provision of a service becomes impossible.

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 with regard to VAT.

However, and unless specifically indicated otherwise, the prices of the items offered exclude any shipping costs that may be incurred, which will be added to the total amount due when the User manages the shipping procedure. The User will consult the available shipping methods and costs and freely choose the one that best suits them.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

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.

Accepted payment methods include: Credit or debit card, PayPal, Financing, 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 Midimal and/or HAUS OF WOREVA SL

Midimal uses all reasonable efforts 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 are subject to verification and authorization by the issuing bank. If the bank does not authorize payment, Midimal will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.

Once Midimal receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service being provided are sent to the User in the manner and, where applicable, at the established location.

If the payment method is PayPal, a gift card, or a credit card, the charge will be made when Midimal sends confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking "Buy, pay now and process order," the User confirms that the payment method used is theirs, or that, where applicable, they are the legitimate holder of the gift card or credit card.

Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation, allowing sufficient time for the bank transfer to be taken into account by the payment system used by Midimal for the Website. Once the system receives the transfer, the order will be prepared and processed for shipping.

When using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In the event of an error, Midimal will not be able to validate the order, which will be canceled.

Promotions

During sales periods, offers, promotions, or discounts will be valid until the date indicated or while supplies last. Discounts will be applied to new orders and cannot be combined with other products already on sale or with other promotions unless otherwise stated.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territories: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union.

Except in cases of unforeseen or extraordinary circumstances, or where applicable, arising from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within the maximum timeframe indicated on the product page from the date of the order confirmation. For products included in a limited-time promotional campaign, the timeframe indicated on the product page will begin to run from the end date of said campaign. Orders that include multiple products with different delivery times will be delivered once all products in the order are ready. Therefore, the delivery date will be the longest of the products included in the order.

If, for any reason attributable to Midimal, the delivery date cannot be met, the User will be contacted to inform them of this circumstance and set a new delivery date. In all cases, home deliveries are made on business days.

If delivery is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.

If the User will not be at the delivery location during the agreed time slot, they must contact Midimal to arrange delivery on another day.

If 30 days have passed since your order was available for delivery and it has not been delivered for reasons not attributable to Midimal, Midimal will understand that the User wishes to withdraw from the contract, and it will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.

However, the User must be aware that the transportation resulting from the resolution may have an additional cost that may be passed on to the User.

For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.

Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Midimal receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if this occurs after Midimal has received the full amount due.

In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service will be deemed to be located in the territory applicable to Spanish VAT if the delivery address is located in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders will be located, for delivery and/or provision, in the Member State of the European Union where the address appearing in the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.

For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. Users should be aware that in these territories, taxes and customs duties may be applied and accrued at the destination, in accordance with current regulations, and that these may be borne by the User.

TRANSPORT AND ASSEMBLY

Products with standard measurements
Standard packages are those in which the sum of their sides does not exceed 240 cm, no side exceeds 120 cm, and their maximum weight does not exceed 40 kg.
It is the customer's responsibility to ensure that the purchased product can be delivered to their home. They must check the elevator, staircase, and/or turning angles and door openings to ensure the carrier can successfully complete the delivery. In the event of access difficulties, where the use of cranes, lifts, etc., must be considered, these means will be quoted separately. The shipping company will contact them to arrange the delivery date and time.

Furniture and bulky objects
Shipments containing packages exceeding 120 cm in length on any side, that are considered bulky, or that are heavy, will be delivered to the curb. Shipping for these products may incur an additional charge if shipped outside the peninsula.

Assembly service
Free for orders over €1,000*
The assembly and packaging removal service is included for orders over €1,000. For orders under €1,000, we offer a flat rate of €49.

This service includes home delivery and removal of packaging for sofas, beds, and lounge items, assembly of tables, sideboards, or dressers, and general assembly of furniture pieces, provided they do not require anchoring to walls or other fixed elements.
This service does not include the assembly or installation of lamps or other lighting elements.

It is the customer's responsibility to ensure that the purchased product can be delivered to their home. They must check the elevator, staircase, and/or turning angles and door openings to ensure the assemblers can complete the delivery and assembly correctly. If additional assembly equipment, such as cranes, lifting platforms, freight elevators, etc., is required, these equipment will be quoted separately and will not be included in the price.
Our assembly company will contact the customer to schedule a delivery date and time at their home.

*Only includes assembly of tables, sofas, beds and sideboards that do not require anchoring to fixed elements.

Delivery times
For in-stock items, delivery time is approximately 24-48 hours from order confirmation. This time may vary depending on the destination.
For all other items, the delivery time is indicated on the product sheet and in the shopping cart.
The delivery time does not include holidays, long weekends, or vacations.

For any questions, please contact us by calling 936 94 05 06 or emailing us at hola@midimal.es.

7. TECHNICAL MEANS TO CORRECT ERRORS

Users are hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify said data by contacting Midimal through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or using the contact information provided in the first clause (General Information). Users may also correct this information through their personal account on the Website.

In any case, before clicking "Buy, pay now, and process order," the User has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

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.

Incidents
If you receive a damaged product, please indicate this on the carrier's delivery note. To process your issue, please contact us using this form within 24 hours of receiving your order. After this period, claims will not be accepted.

8. RETURNS

In cases where the User purchases products on or through the owner's Website, they have a series of rights, as listed and described below:

Right of Withdrawal

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 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Midimal Website or, in the event that the goods comprising your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was entered into.

To exercise this right of withdrawal, the User must notify Midimal of their decision. They may do so, where appropriate, through the contact spaces provided on the Website or through:

Telephone: 936 94 05 06
Email: hola@midimal.es

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Midimal provides as an annex to these Terms; however, its use is not mandatory.

To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, Midimal will refund the User the amount paid, excluding shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which Midimal is informed of the User's decision to withdraw.

Midimal will refund the User using the same payment method used to make the initial purchase transaction. This refund will not incur any additional costs for the User. However, Midimal may withhold said refund until it has received the purchased products or items, or until the User provides proof of their return, whichever is met first.

The User may return or send the products to Midimal at:

Midimal Shop
Ángel Guimerà, 235
08223 Terrassa, Barcelona

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date Midimal was informed of the withdrawal decision. Products must be returned in perfect condition and always using their original packaging.

The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, but not exhaustive, these would be the case: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery. For more details, see the section: EXCEPTIONS TO THE RIGHT OF WITHDRAWAL .

The provision of a service that the User may contract on this Website is governed by the same law, as this same law establishes that the right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by Midimal, they will have lost their right of withdrawal.

In any case, no refund will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.

Likewise, products must be returned using or including all original packaging, instructions, and any accompanying documents, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link:

www.midimal.shop/withdrawal

Return of defective products or shipping errors

This applies to all cases in which the User believes that, at the time of delivery, the product does not conform to the terms of the contract or purchase order. In these cases, the User must retain the product's original packaging at all times. To report a defect or error in the product, you must contact Midimal immediately and inform them of the existing nonconformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable timeframe, whether a refund or replacement is appropriate. The User must return the products using their original packaging.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products returned due to a defect, when a defect actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred in processing the return. The refund will be made using the same payment method the User used to pay for the purchase.

In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, will always be applicable.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products they may purchase through this Website, under the terms legally established for each type of product. Midimal is therefore liable for any lack of conformity that becomes apparent within two years of delivery of the product.

Some manufacturers offer a longer warranty period against defects in materials and manufacturing processes. You can find a list here: www.midimal.shop/pages/garantia

In this regard, products are deemed to comply with the contract provided that: they conform to the description provided by Midimal and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may present non-uniform characteristics, provided that these derive from the type of material with which they were manufactured. Therefore, these will form part of the individual appearance of the product and will not constitute a defect.

On the other hand, the User may purchase a product from a third-party brand or manufacturer on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within two years of delivery of said products. To do so, the User must have retained all information regarding the product warranty.

However, to learn more about the After-Sales Service that Midimal provides to Website Users, you can consult it here:

www.midimal.shop/spare-parts-and-replacements

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
According to Article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, the right of withdrawal cannot be applied to the following products:

• Customized products: Returns are not accepted for customized products, i.e., any products made according to the customer's specifications. Products considered customized are those that require prior selection of one of the various available finishing options in order to complete the purchase process.
• Upholstered products: Returns of fully or partially upholstered products are not accepted.
• Sealed Goods: Returns are not accepted for products that are unsuitable for return due to health or hygiene reasons and that have been unsealed after delivery. This includes products with a HYGIENIC-SANITARY risk, such as mattresses, sofa beds, pillows, or other products that may be susceptible to such risk, as well as opened, used, or unsealed products or products for personal use.
• Other legally contemplated exceptions that are not susceptible to this right.

Once the 14-day deadline for the right of withdrawal has expired, and Midimal has not received any notification for the partial or total return of the order, it will be understood that the customer accepts the entire order or, where applicable, those products for which the right of withdrawal has not been exercised, and no subsequent claims will be possible in this regard, except for those arising from the guarantee corresponding to the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Midimal will not accept any liability for the following losses, regardless of their origin:

• any losses that were not attributable to any breach on its part;
• business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure incurred); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.

Likewise, Midimal also limits its liability in the following cases:

• Midimal takes all necessary measures to ensure a faithful display of the product on the Website. However, it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, problems with the browser being used, or other similar issues.

• Midimal will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector that result in delays, loss, or theft of the product.

• Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Website unavailability for maintenance or other reasons, which prevents the service from being available. Midimal uses all available means to carry out the purchase, payment, and shipping/delivery of the products. However, it is not liable for causes beyond its control, such as acts of God or force majeure.
  
• Midimal will not be liable for misuse and/or wear and tear of products used by the User. At the same time, Midimal will not be liable for incorrect returns made by the User. It is the User's responsibility to return the correct product.
  
• In general, Midimal will not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
• Strikes, lockouts or other protest measures.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, 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.

 

Thus, the obligations will be suspended for the duration of the force majeure event, and Midimal will have an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. Midimal will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Midimal will be 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, notices, information, and other communications sent electronically by Midimal comply with the legal requirements of being in writing. This condition will not affect the User's statutory rights.

The User may send notifications and/or communicate with Midimal through the contact information provided in these Terms and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Midimal may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by Midimal of any specific right or remedy or failure by Midimal to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies arising from a contract or the Terms, nor shall it relieve the User from compliance with its obligations.

No waiver by Midimal of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are 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 Terms and any document expressly referenced herein constitute the entire agreement between the User and Midimal in relation to the subject matter of the sale and replace any other prior agreement, understanding or promise made verbally or in writing by the same parties.

The User and Midimal acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for those expressly mentioned in these Terms.

14. DATA PROTECTION

Any personal information or data that the User provides to Midimal during a transaction on the Website will be processed in accordance with the Privacy 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 truthful.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.

Any controversy, problem, or disagreement arising from or related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Terms and Conditions, or with the sales contracts between Midimal and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.

16. COMPLAINTS AND CLAIMS

The User may send Midimal any complaints, claims, or any other comments they wish to make using the contact information provided at the beginning of these Terms and Conditions (General Information).

In addition, Midimal has official complaint forms available to consumers and users, which they can request from Midimal 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 Midimal and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: http://ec.europa.eu/consumers/odr/.

Last modified: November 24, 2022