1. General Information
The ownership of the website MIMICUS.DESIGN, (hereinafter Website), is held by MASSIMO RUSSO, (hereinafter mimic·us design), with NIF/CIF X8316522K and address at CALLE JOAQUIN MARIA LOPEZ 59 6º DCHA, ESC B – MADRID – SPAIN.
This document (as well as other documents mentioned herein) regulates the conditions governing the use of the Website and the purchase or acquisition of products and / or services in the same (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that mimic·us design carries out through the Website comprises:
HANDCRAFTED LAMPS
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Privacy Policy and the Terms and Conditions of Use, including the mimic·us design Cookies Policy.
By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those that are in force at the moment in which the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she can contact the owner by email at INFO@MIMICUS.DESIGN.
2. The User
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility will be extended to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. 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 truthful and lawful contact details, e.g. email address, postal address and/or other details (see Privacy Policy and Terms and Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is mainly directed to users residing in Spain. Mimic·us design makes no representation that the Website complies with the laws of other countries, either in whole or in part.
Mimic·us design declines all liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.
The User may, at his/her choice, enter into a sales contract with mimic·us design for the products and/or services desired in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
The duly registered Users may purchase on the Website by the established means and forms. They must follow mimic·us design‘s online purchase and/or acquisition procedure, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on the shopping cart to access the steps to complete the purchase.
Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming that mimic·us design has received his/her order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal space connected to the Website.
Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case by case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved in transactions carried out on the Website may be filed and kept in the computerised records of mimic·us design in order to constitute a means of proof of the transactions, in any case in compliance with the reasonable conditions of security and the applicable laws and regulations in force in this respect, and particularly in compliance with the regulations on data protection and the rights of Users in accordance with the Privacy Policy, Legal Notice and Conditions of Use).
4. Availability
All purchase orders received by mimic·us design through the Website are subject to the availability of the products and/or to no circumstances or force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. Should difficulties arise in the supply of products or should there be no products in stock, mimic·us design undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. Pricing and payment
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless mimic·us design by legal requirement, especially with regard to VAT, is indicated and applies a different matter.
Shipping costs are included in the final prices of the products as shown on the Website. mimic·us design provides delivery and/or shipping services through DHL, CORREOS EXPRESS, CORREOS, PACKLINK, SEUR .
Under no circumstances will the Website automatically add additional costs to the price of a product or service, with the exception of those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: BANK TRANSFER, GOOGLE PAY, APPLE PAY, CREDIT CARD.
Credit cards will be subject to checks and authorizations by the issuing bank. If the issuing bank does not authorize payment, mimic·us design will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once mimic·us design 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 card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.
In any case, by clicking on ” Confirm ” the User confirms that the payment method used is his own or that, where appropriate, he is the legitimate holder of the gift card or subscription card.
Purchase orders or purchases in which the User selects bank transfer as the method of payment 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 mimic·us design for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, 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 case of error, mimic·us design will not be able to validate the order, which will be cancelled.
6. Delivery
In those cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: COUNTRIES OF THE EUROPEAN UNION .
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason attributable to it, mimic·us design is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User will not be at the place of delivery at the agreed time, he/she must contact mimic·us design to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to mimic·us design, it shall be understood that the User wishes to withdraw from the contract and the contract shall be deemed to have been terminated.
As a consequence of the termination of the contract, all payments received from the User shall be refunded to him/her, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when mimic·us design receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time subsequent to full receipt of the amount paid by mimic·us design.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. Technical means to correct errors
The User is hereby informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting mimic·us design through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General Information).
Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Finish” has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Terms and Conditions of Use for more information on how to exercise their right of rectification as provided in the regulations in force.
8. Rights of the acquiring user
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to 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 cancel the purchase within 14 calendar days of receipt of the order, without justification.
In order to exercise this right of withdrawal, the User must notify mimic·us design of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website or by email to INFO@MIMICUS.DESIGN.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
When the return has been checked, verified and confirmed by mimic·us design, the amount shown on the order will be refunded. The purchaser shall not be entitled to reimbursement of the amount of the product returned which is not in the same condition in which it was delivered.
After fourteen (14) working days from the date of receipt of the order, mimic·us design reserves the right to refuse the return.
Mimic·us design shall reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement shall not generate any additional cost to the User. However, mimic·us design may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to mimic·us design at the following address: CALLE JOAQUIN MARIA LOPEZ 59 6º DCHA, ESC B – MADRID – SPAIN.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: 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 reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal 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 the acknowledgement on his part that he is aware that, once the contract has been fully executed by mimic·us design, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipment error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact mimic·us design immediately and no later than 7 calendar days from receipt, to let him/her know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
The products may differ slightly with the photographs that appear on the Website in shape and color / shade as it is a natural material and is all handmade, so if it changes a little shape or color will not be accepted returns in this case.
Returns will not be accepted in personalized or custom-made products for the User.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always be applicable.
Warranty
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through the Website, under the terms legally established for each type of product, and mimic·us design shall therefore be liable for any lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description provided by mimic·us design and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they present the quality and performance usual for a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipment error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
9. Disclaimer of liability
Unless otherwise provided by law, mimic·us design accepts no liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach by you.
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.
Likewise, mimic·us design also limits its liability in the following cases:
- Mimic·us design applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Mimic·us design shall act with the utmost diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, mimic·us design shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other cause.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Mimic·us design makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however, is exempt from liability for causes not attributable to it, fortuitous events or force majeure.
- Mimic·us design shall not be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, mimic·us design shall not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, mimic·us design shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control, i.e. due to force majeure, and this may include, by way of example, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, ships, aircraft, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Mimic·us design applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Mimic·us design will use all reasonable means to find a solution that will allow us to fulfill our obligations despite the force majeure.
10. Written communications and notifications
By using this Website, the User accepts that most of the communications with mimic·us design will be electronic (e-mail or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by mimic·us design comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with mimic·us design through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, mimic·us design may contact and/or notify the User by e-mail or at the postal address provided.
11. Disclaimer
No waiver by mimic·us design of any specific legal right or action or failure by mimic·us design to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or action arising from a contract or the Conditions, nor shall it exonerate the User from the performance of its obligations.
No waiver by mimic·us design of any of these Conditions or of any rights or remedies 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
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. Full agreement
These Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made verbally or in writing by the same parties.
The User and mimic·us design acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. Data Protection
The information or data of a personal nature that the User provides to mimic·us design in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Privacy Policy and Terms and 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 the information or data provided are truthful.
Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between mimic·us design and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
15. Complaints and claims
The User may send mimic·us design any complaints, claims or any other comments he/she may wish to make using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, mimic·us design has official complaint forms available to consumers and users, which they may request from mimic·us design at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between mimic·us designand the User, the User as a consumer may request out-of-court dispute resolution, in accordance with EU Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/