Terms of service

General information

Welcome to Mimavia.

These Terms of Service govern the access, browsing and use of our website, as well as the purchase of products through our online store.

For the purposes of these Terms, the expressions "we", "our" or "the store" refer to Mimavia, the trade name used for the sale of products through this website.

The store is hosted on Shopify, a platform that allows us to offer our products, process orders and provide our e-commerce services. However, any purchase made in our store is made directly with Mimavia as the seller.

By accessing this website, browsing it or making a purchase, you agree to be bound by these Terms of Service, our Privacy Policy, our Shipping Policy and our Refund, Returns and Warranty Policy.

If you do not agree with these Terms, you must not use this website or make purchases through it.

1. Seller identification

The seller's legal information is as follows:

Trade name: Mimavia
Contact email: info@mimavia.com
Owner / legal name: Pablo Obregón Ceballos
Registered address: Avenida de la Constitución Española, 09007 Burgos, Burgos, Spain

Enquiries relating to orders, products, payments, shipping, returns or warranty must be made through:

info@mimavia.com

2. International scope of application

Mimavia may accept orders from various countries, provided that shipping is available for the address given by the customer.

These Terms apply to all users and customers, regardless of the country from which they access the site or make the purchase, without prejudice to the mandatory legal rights that may apply to them as consumers under the legislation of their country or region.

In the event of a conflict between these Terms and a mandatory legal rule applicable to the consumer, that mandatory legal rule shall prevail.

3. Minimum age and use of the website

By using this website or making a purchase, you declare that you are of sufficient legal age to enter into a contract under the legislation of your country of residence.

It is not permitted to use this website for illegal, fraudulent or unauthorized purposes, or for purposes that may harm the operation of the store, other users, third parties or Mimavia.

4. Information provided by the customer

To make a purchase, you must provide truthful, complete and up-to-date information, including, among other data, name, shipping address, email, phone number, billing information and the data needed for payment.

The customer is responsible for checking that the data provided is correct before confirming the order. Mimavia will not be liable for delays, failed deliveries or incidents caused by incorrect, incomplete or outdated data provided by the customer.

If you notice an error in your data after placing the order, you must contact us as soon as possible at:

info@mimavia.com

We will try to change it if the order has not yet been processed or shipped.

5. Products

We make every effort to display our products clearly, accurately and up to date.

However, images, colors, proportions, accessories or finishes may vary slightly depending on the screen, the device, the lighting in the photographs or small manufacturing updates.

Product descriptions, images, prices, promotions and availability may be changed at any time without prior notice, always respecting already-confirmed orders in accordance with applicable regulations.

Mimavia reserves the right to withdraw products, modify non-essential characteristics, limit available quantities or reject orders where there is suspicion of fraud, manifest error, abusive use or unauthorized resale.

6. Proper use of the product

The customer agrees to use the product in accordance with its instructions, intended purpose and normal conditions of use.

Mimavia will not be liable for damage, faults or incidents arising from:

• Incorrect or negligent use.
• Unauthorized handling.
• Impacts, falls or accidents.
• Exposure to moisture, water, extreme heat or unsuitable conditions.
• Use with incompatible parts or accessories.
• Repairs or modifications carried out by unauthorized third parties.
• Professional, industrial or other use different from ordinary domestic use, unless expressly stated.

This does not limit the legal rights that may apply to the consumer in the event of a defective product or lack of conformity.

7. Orders

By placing an order in our store, you are making an offer to purchase the selected products.

The order will be deemed accepted when you receive the corresponding confirmation by email and the payment has been correctly processed.

We reserve the right to reject, cancel or modify an order in justified cases, including, among others:

• Manifest error in the price or description of the product.
• Lack of stock.
• Impossibility of shipping.
• Suspicion of fraud.
• Incomplete or incorrect payment or shipping data.
• Abusive use of promotions or discounts.
• Orders placed for the purpose of unauthorized resale.

If we cancel an order that has already been paid, the corresponding amount will be refunded to the same payment method used, unless another solution permitted by law is agreed.

8. Prices, taxes and promotions

The prices shown in the store are expressed in the currency indicated on the website.

Prices, discounts and promotions may change without prior notice. The applicable price will be the one shown at the time the order is confirmed.

Depending on the destination country, the price may or may not include taxes, fees, shipping costs, tariffs, import costs or other applicable charges. Where applicable, such amounts will be shown during the checkout process or may be required by the authorities, customs or carriers of the destination country.

For international orders, the customer will be responsible for any tariff, import tax, customs fee or additional cost required by the destination country, unless expressly stated otherwise during the checkout process.

Promotions, discounts, coupons and offers will be subject to their own conditions and may be modified or withdrawn at any time, except for already-confirmed orders.

9. Payments

Payment must be made using the methods available in the store at the time of purchase.

By providing the payment details, you declare that you are authorized to use the selected payment method and that the information provided is true, complete and up to date.

Mimavia does not directly store full bank card data. Payments are processed through secure payment providers integrated into Shopify or other authorized services.

If the payment cannot be processed, the order will not be confirmed.

10. Shipping and delivery

The delivery times shown in the store are estimates and may vary due to causes beyond Mimavia's control, such as logistics incidents, high demand, holidays, transport restrictions, customs checks or force majeure events.

Mimavia will not be liable for delays caused by carriers, customs or circumstances beyond our control, without prejudice to the legal rights that apply to the consumer.

The risk of loss or damage to the product will pass to the customer when the customer, or a person authorized by them other than the carrier, physically receives the order, under the terms provided by applicable regulations.

If the order arrives damaged, incomplete or incorrect, the customer must contact us as soon as possible at:

info@mimavia.com

We may request photos, videos or documentation of the package and the product to handle the issue.

11. Cancellations

If you wish to cancel an order, you must contact us as soon as possible at:

info@mimavia.com

We will try to cancel the order provided it has not yet been processed or shipped.

If the order has already been shipped, we cannot guarantee cancellation. In that case, you will need to wait to receive it and, if applicable, request a return in accordance with our Refund, Returns and Warranty Policy.

12. Returns, withdrawal, refunds and warranty

Returns, withdrawals, refunds and warranties are governed by our Refund, Returns and Warranty Policy, available in our store.

As a summary:

• We offer a 15 calendar-day return policy from receipt of the order, provided the product meets the conditions set out in that policy.
• For customers in the European Union, the legal right of withdrawal of 14 calendar days is recognized for distance purchases, in accordance with applicable regulations.
• We offer a 90-day commercial warranty against functional or manufacturing defects, without prejudice to the legal warranty rights that may apply to the consumer.

The 90-day commercial warranty does not replace, limit or reduce the consumer's mandatory legal rights.

To request a return, refund or warranty, contact:

info@mimavia.com

13. Intellectual property

All contents of the website, including texts, images, photographs, videos, graphics, logos, icons, trade names, designs, structure, code, visual elements and other contents, are the property of Mimavia or used under license or authorization.

It is not permitted to copy, reproduce, modify, distribute, sell, exploit, publish or use any content of the website without prior written authorization.

Use of the website does not grant the user any intellectual or industrial property rights over Mimavia, its contents, brand, design or materials.

14. Opinions, reviews and user-submitted content

If you submit reviews, comments, photographs, videos, suggestions or other content related to our products or services, you declare that you have the right to share such content and that it does not infringe the rights of third parties.

By submitting this content, you authorize Mimavia to use, reproduce, publish, adapt and display it for commercial, advertising, informational or promotional purposes, on any channel, including the online store, social networks, ads, emails or marketing materials.

Mimavia may moderate, edit or remove comments or content that it considers offensive, false, illegal, abusive, misleading, defamatory, fraudulent or contrary to these Terms.

It is not permitted to post fake reviews, impersonate another person, use false data or submit content containing viruses, malware, spam or malicious links.

15. Third-party links and tools

Our website may include links, tools, applications or services provided by third parties, such as payment platforms, carriers, review tools, social networks, analytics services or applications integrated into Shopify.

Mimavia does not control such third-party services and will not be liable for their content, operation, availability, policies, privacy practices or terms.

The use of third-party services will be subject to their own terms and policies.

16. Relationship with Shopify

Mimavia uses Shopify technology to operate the online store and provide its e-commerce services.

However, any sale made through our store is made directly between the customer and Mimavia. Shopify is not the seller of the products and will not be liable for the purchase, delivery, return, warranty or any incident related to the products purchased in our store, except for anything that may legally correspond to it for the services it provides.

17. Privacy policy and data protection

The processing of personal data is governed by our Privacy Policy, available in the store.

By using our website or making a purchase, you accept that your personal data will be processed in accordance with that policy and with applicable data protection regulations.

Since the store is hosted on Shopify, certain data may be processed by Shopify and by other providers needed to process orders, payments, shipping, customer service, analytics, marketing or legal compliance.

18. Errors, inaccuracies and omissions

There may be information on the website that contains typographical errors, inaccuracies or omissions relating to products, prices, promotions, availability, shipping costs, delivery times or other content.

We reserve the right to correct errors, update information, modify content or cancel orders affected by manifest errors, even after they have been placed, always in accordance with applicable regulations.

If an order is canceled due to a manifest error and has already been paid, the corresponding amount will be refunded.

19. Prohibited uses

It is prohibited to use the website or its services to:

• Carry out illegal, fraudulent or unauthorized activities.
• Infringe intellectual or industrial property rights.
• Impersonate another person or entity.
• Provide false, misleading or incomplete information.
• Introduce viruses, malware, malicious code or tools that damage the site.
• Carry out spam, phishing, scraping, mass data extraction or unauthorized automated access.
• Interfere with the security, operation or availability of the site.
• Use the store for unauthorized resale purposes.
• Post offensive, defamatory, abusive, discriminatory or unlawful content.
• Circumvent security measures, technical limitations or access restrictions.

We reserve the right to block access, cancel orders, suspend accounts or take legal action if we detect improper use of the website.

20. Limitation of liability

Mimavia will be liable to the customer under the terms required by applicable law.

To the maximum extent permitted by law, Mimavia will not be liable for indirect damages, loss of profits, loss of income, loss of data, service interruptions, damages arising from improper use of the product or incidents caused by third parties, provided there is no willful misconduct, gross negligence or mandatory legal liability.

Nothing in these Terms is intended to exclude or limit non-waivable consumer rights, legal warranties, liability for defective products or any other liability that cannot be excluded under applicable law.

21. Legal warranties

Nothing in these Terms limits the legal rights that may apply to the consumer for lack of conformity, defective product, withdrawal, legal warranty or other mandatory rights recognized by applicable law.

The commercial warranties offered by Mimavia, such as the 90-day commercial warranty against functional or manufacturing defects, are granted additionally and do not replace or reduce the consumer's legal rights.

22. Force majeure

Mimavia will not be liable for delays or failures to perform due to causes beyond its reasonable control, including, among others, natural disasters, strikes, labor disputes, government restrictions, wars, pandemics, logistics disruptions, supplier failures, power outages, customs incidents or technical problems beyond our responsibility.

23. Indemnification for improper use

The user agrees to hold Mimavia harmless against claims, damages, losses, liabilities, costs or expenses arising from:

• Breach of these Terms.
• Illegal or improper use of the website.
• Infringement of third-party rights.
• Submission of false, illegal, offensive or infringing content.
• Fraudulent use of the store, promotions or payment methods.

This clause does not limit the rights that may apply to consumers under applicable regulations.

24. Partial invalidity

If any provision of these Terms is deemed invalid, illegal or unenforceable, that provision will be applied to the maximum extent permitted by law or will be deemed not to have been included, without affecting the validity of the rest of the Terms.

25. No waiver

The fact that Mimavia does not exercise or enforce a right at a given time will not constitute a waiver of that right nor prevent it from being exercised later.

26. Assignment

The user may not assign, transfer or delegate their rights or obligations arising from these Terms without the prior written authorization of Mimavia.

Mimavia may assign or transfer its rights and obligations in the event of a corporate reorganization, change of ownership, sale of business, integration with third parties or similar circumstances, always respecting applicable regulations.

27. Governing law and jurisdiction

These Terms will be governed by Spanish law, unless the consumer protection regulations of the customer's country of residence establish more favorable mandatory rights or applicable mandatory rules.

In the event of a conflict, the parties will try to resolve it amicably by first contacting:

info@mimavia.com

Where the customer is a consumer, any dispute will be submitted to the courts and tribunals that correspond under applicable consumer protection regulations.

Where the customer acts as a business, professional or non-consumer, the parties will submit to the courts and tribunals of Burgos, Spain, unless the law provides otherwise.

28. Changes to the Terms of Service

We may update, modify or replace these Terms at any time.

The version in force will be the one published on this page. Changes will not apply retroactively to already-confirmed orders, unless required by legal obligation or for security reasons.

Continued use of the website after changes are published implies acceptance of the updated version of the Terms.

29. Contact

For any query about these Terms of Service, orders, products, payments, shipping, returns or warranty, you can contact us at:

Mimavia
Email: info@mimavia.com
Owner / legal name: Pablo Obregón Ceballos