LEGAL NOTICE AND GENERAL CONDITIONS OF USE

www.mideer.es

I. GENERAL INFORMATION

In compliance with the obligation to provide information as stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:

The ownership of this website, www.mideer.es, (hereinafter Website) is held by: YAMANN Sp. z o.o., holder of VAT number: PL8992740275 and registered in: with the following registry details: Eloy Moreno Gallego, whose representative is: Eloy Moreno Gallego, and whose contact details are: Eloy Moreno Gallego, whose representative is: Eloy Moreno Gallego, whose contact details are:

Address: Ul. Skrzypowa 1, 54-530 Wrocław, Dolnośląski, POLAND

Contact telephone number: +34 961 125 579

Contact email: hola@mideer.es

II. GENERAL TERMS AND CONDITIONS OF USE

The subject matter of the terms and conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be offered to Users (hereinafter, Services).

mideer.es reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and the Contents and Services that may be included in it. The User acknowledges and accepts that at any time mideer.es may interrupt, deactivate and/or cancel any of these elements included in the Web Site or access to them.

Access to the Website by the User is free and, as a general rule, is free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be made by prior subscription or registration of the User.

The User

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and mideer.es, such as comments and/or blogging spaces, confers the condition of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The mideer.es Web Site provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Web Site. This responsibility will extend to:

  • A use of the information, Contents and/or Services and data offered by mideer.es without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Web Site.
  • The veracity and legality of the information provided by the User in the forms extended by mideer.es for the access to certain Contents or Services offered by the Web Site. In any case, the User will immediately notify mideer.es about any fact that allows the improper use of the information registered in these forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.

mideer.es reserves the right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.

In any case, mideer.es will not be responsible for the opinions expressed by users through comments or other blogging or participation tools that may exist.

The mere access to this Web Site does not imply any type of commercial relationship between mideer.es and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by the present Conditions. Therefore, this mideer.es Web Site is not addressed to minors. mideer.es declines any responsibility for the non-fulfilment of this requirement.

The Website is mainly addressed to Users residing in Spain. mideer.es does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he/she will do so under his/her own responsibility, and must ensure that such access and browsing complies with the local legislation applicable to him/her, and mideer.es shall not assume any liability whatsoever that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

mideer.es does not guarantee the continuity, availability and usefulness of the Web Site, nor of the Contents or Services. mideer.es will do everything possible for the good functioning of the Web Site, however, it is not responsible nor does it guarantee that the access to this Web Site will not be uninterrupted or free of errors.

Neither is it responsible for or guarantees that the content or software that can be accessed through this Web Site is free of error or causes damage to the User's computer system (software and hardware). In no event shall mideer.es be liable for any loss or damage of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

mideer.es is also not responsible for any damage that may be caused to users by an inappropriate use of this Web Site. In particular, it is not responsible in any way for any telecommunications failures, interruptions, faults or defects that may occur.

IV. LINKING POLICY

It is informed that the Web Site of mideer.es places or may place at the disposal of the Users means of link (such as, among others, links, banners, buttons), directories and search engines that allow the Users to access web sites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.

mideer.es does not offer or market itself or through third parties the products and/or services available on these linked sites.

Nor does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

mideer.es will in no case review or control the content of other web sites, nor does it approve, examine or make its own the products and services, contents, files and any other material existing in the aforementioned linked sites.

mideer.es does not assume any responsibility for damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of web sites not managed by mideer.es and which are linked to this Web Site.

The User or third party who makes a hyperlink from a web page of another, different, web site to the Web Site of mideer.es must know that:

The reproduction - totally or partially - of any of the Contents and/or Services of the Web Site is not permitted without the express authorisation of mideer.es.

No false, inaccurate or incorrect statement about the Web Site of mideer.es, nor about the Contents and/or Services of the same is allowed.

With the exception of the hyperlink, the website on which the hyperlink is established shall not contain any element of this website that is protected as intellectual property by Spanish law, unless expressly authorised by mideer.es.

The establishment of the hyperlink does not imply the existence of a relationship between mideer.es and the owner of the web site from which it is made, nor the knowledge and acceptance by mideer.es of the contents, services and/or activities offered on said web site, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

mideer.es by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties relating to the matter and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of mideer.es, are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of mideer.es. You may view the elements of the Web Site or even print, copy and store them on the hard disk of your computer or any other physical support as long as it is exclusively for your personal use. The User, however, will not be able to delete, alter or manipulate any protection device or security system installed in the Web Site.

In the event that the User or a third party considers that any of the Contents of the Web Site violates the rights of intellectual property protection, he/she should immediately inform mideer.es through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

mideer.es reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and its Contents, or for breach of these Conditions.

The relationship between the User and mideer.es will be governed by the regulations in force and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.

GENERAL CONDITIONS OF SALE

www.mideer.es

1. GENERAL INFORMATION

The ownership of this website www.mideer.es, (hereinafter Website) is held by: YAMANN Sp. z o.o., holder of VAT No. PL8992740275 and registered in the Polish National Court Register (KRS) under the number 0000444280, and whose registration details are: REGON 022037032; and whose contact details are:

Address: Ul. Skrzypowa 1, 54-530 Wrocław, Dolnośląski, POLAND

Contact telephone number: +34 961 125 579

Contact email: hola@mideer.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mideer.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity carried out by mideer.es through the Web Site includes:

Marketing of products including educational toys, art materials, puzzles, magnetic and board games designed to promote children's learning and development.

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 cookies policy and the privacy and data protection policy of mideer.es. By using this Web Site or by making and/or requesting the purchase 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 he/she does not agree with all of the above, he/she should not use this Web Site.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • Use this Website only to make legally valid enquiries 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 truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Web Site is intended primarily for users residing in Spain. mideer.es does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. mideer.es disclaims any liability that may arise from such access, nor does it ensure delivery or provision of services outside Spain.

The User will be able to formalise, at his choice, with mideer.es the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Web Site.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.mideer.es, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: «Buy».»

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Subsequently, the User will receive an e-mail confirming that mideer.es has received his order or request for purchase and/or provision of the service, i.e. the 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 their personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, through his/her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from mideer.es using the contact spaces on the Website or through the contact details provided above.

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 which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: 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 the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, mideer.es is not the manufacturer of the products sold or that could be marketed on the Web Site. Although mideer.es makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information to that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by mideer.es through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, mideer.es 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. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, mideer.es performs delivery and/or shipping services through: Correos, UPS, SEUR.

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.

The accepted means of payment will be: Credit or debit card

In addition, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by mideer.es and/or YAMANN Sp. z o.o.

mideer.es uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to verification and authorisation by the issuing bank. If the issuing bank does not authorise payment, mideer.es will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once mideer.es receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the moment that the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.

If the means of payment is a gift card or credit card, the charge will be made when mideer.es sends a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on «Buy», the User confirms that the payment method used is his or her own, or that, where applicable, he or she is the legitimate holder of the gift card or subscription card.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation 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 the order confirmation.

If for any reason, for which it is responsible, mideer.es cannot meet the delivery date, it will contact the user to inform him/her of this circumstance and the user may choose to go ahead with the purchase by setting a new delivery date or 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 User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact mideer.es to arrange delivery on another day.

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to mideer.es, mideer.es will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, 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 calendar days from the date on which the contract is considered to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have 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 mideer.es receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by mideer.es.

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

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting mideer.es through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on «Buy», has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number 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 without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the mideer.es Website, or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify his decision to mideer.es. This can be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that mideer.es makes available as an annexed part of these Conditions, however, its use is not obligatory.

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.

In case of withdrawal, mideer.es will reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which mideer.es is informed of the User's decision to withdraw.

mideer.es will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, mideer.es may withhold the reimbursement until it has received the products or articles of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User can return or send the products to mideer.es at: Return address

It shall do so without undue delay and in any event not later than 14 calendar days from the date on which mideer.es was informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning (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 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 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; 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; supply of digital content without physical support.

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 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 completely executed by mideer.es, they will have lost their 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.

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

The Model Cancellation Form can be downloaded at the following link: https://www.mideer.es/desestimiento

Return of defective products or delivery 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 should therefore contact mideer.es immediately and inform them 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 the refund or, if applicable, the replacement of the product is appropriate.

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 costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding mideer.es, therefore, for the lack of conformity of the same that is manifested within a period of three 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 made by mideer.es and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may 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 that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the three years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

However, to find out more about the After-Sales Service that mideer.es offers to the users of the Website, you can consult it here: https://www.mideer.es/soporte

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, mideer.es accepts no liability for the following losses, regardless of their origin:

  • any losses which were not attributable to any breach by it;
  • business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the goods was concluded between them.

Likewise, mideer.es also limits its liability in the following cases:

  • mideer.es applies all the measures concerning to provide a faithful visualization of the product on the Web Site, 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.
  • mideer.es will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, loss or theft of the product.
  • Technical failures that for fortuitous or other reasons, prevent the normal operation of the service through the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the service. mideer.es puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of products, however is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
  • mideer.es will not be held responsible for the misuse and/or wear and tear of the products that have been used by the user. At the same time, mideer.es will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, mideer.es 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 its reasonable control, i.e. due to force majeure, and this may include, but is 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, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, planes, motor transport 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 mideer.es will have an extension of time to fulfil them for a period of time equal to the duration of the cause of force majeure. mideer.es will use all reasonable means to find a solution that allows it to fulfil its obligations in spite of the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that most of the communications with mideer.es will be electronic (e-mail or notices published on the Web Site).

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 mideer.es comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with mideer.es through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, mideer.es may contact and/or notify the User by e-mail or at the postal address provided.

11. RESIGNATION

No waiver by mideer.es of any specific legal right or remedy or failure by mideer.es to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or remedy arising from a contract or the Conditions, or relieve the User from compliance with its obligations.

No waiver by mideer.es of any of the present Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly stated that it is a waiver and it is formalised and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final decision of a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. FULL AGREEMENT

The present Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and mideer.es in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and mideer.es acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the user provides to mideer.es in the course of a transaction on the Web Site, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, 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 LAW AND JURISDICTION

Access to, browsing and/or use of this Website and 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 Web Site, or with the interpretation and execution of these Conditions, or with the sales contracts between mideer.es and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

Users can send their complaints, claims or any other comments they wish to make to mideer.es via the contact details provided at the beginning of these Conditions (General Information).

Furthermore, mideer.es has official complaint forms available to consumers and users, which they can request from mideer.es at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between mideer.es and the User, the User as a consumer may request an out-of-court settlement of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.