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GENERAL CONTRACTING CONDITIONS

1. PARTIES AND ACCEPTANCE OF GENERAL CONDITIONS OF CONTRACT:

(hereinafter also the General Conditions or GCC) CGC) :

On the one hand, the supplier of the products, BALNEO ELEMENTS, S.L. , whose trade name is MI&CO (hereinafter also the provider),with registered office at C/ Josep Estivill 64-68, 08027, Barcelona, Barcelona,N.I.F. B65036782, customer service phone number 933230616, and e-mail: info.miandco.es, beingowner of the website www.miandco.es,exposes the contractual document that will govern the contracting of products through the website reviewed.

And on the other hand, the User – Customer (hereinafter the User),registered on the website by means of ausername and password, for which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.

BOTH ACCEPT this document, and implies that the user:

a. You have read, understood and understand the above.

b. Who is an elderly person and able enough to hire.

c. That assumes all the obligations set forth herein.

d. You have read and accept these general conditions of purchase from the moment you purchase any product offered.

This document may be printed and stored by Users.

The provider makes available to them the e-mail address infomiandco.es to raise any questions about these conditions.

El prestador se reserva el derecho de modificar unilateralmente dichas Condiciones Generales, sin que ello pueda afectar a los bienes o promociones que fueron adquiridos previamente a la modificación, con el fin de mejorar los productos ofrecidos. En todo caso, antes de comprar los productos han de consultarse estas condiciones generales.

The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable that you keep a copy of the data contained in the purchasedproducts. BALNEO ELEMENTS, S.L. is not responsible for any loss of data, files or any damage resulting from a failure of the User to back up the data contained in the purchased products such as memory cards.

BALNEO ELEMENTS, S.L. is not responsible for the consequences that could result from improper use of the products for sale on the website.

Civil liability of BALNEO ELEMENTS, S.L. for the products supplied is limited to the amount thereof, the user waives to claim any liability to BALNEO ELEMENTS, S.L. for any reason in any case of dissatisfaction with the products purchased on the www.miandco.es website, as well as possiblefailures, slow access or errors in access to the website, including data loss or other information that may exist on the computer or network of the user accessing the www.miandco.eswebsite. www.miandco.es

BALNEO ELEMENTS, S.L. is not responsible for the consequences that could result from improper use of the products for sale on the website.

2. SUBJECT MATTER OF THE CONTRACT:

2.1 Scope: The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at thetime the provider accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GCC will apply from the day the order is placed.

The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.

2.2 App Territory: The www.miandco.es is active for everyone..

2.3 Ability to contract: In order to place an order you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: Validation of an order through the www.miandco.es website is done by e-mail and also implies the automatic acceptance of the GCC. These conditions are available on the website www.miandco.es or, if you wish and request, we may make it available to you by email.

3. INFORMATION PROVIDED ON THE WEBSITE www.miandco.es:

3.1 Price publication: The prices of the products are those shown on each product on our website www.miandco.es.

3.2 Product Information: The information contained in our advertising, brochures, other written material, on our website or that provided to you constitutes an invitation to make a purchase. The contents of www.miandco.es are constantly renewing and updating to offer our customers the most complete and detailed information possible. All contractual information present in www.miandco.es is displayed in Spanish (Spanish) and communication with customers and users, as well as the conclusion of the contract, will be carried out in this language, although, if desired the client can be done in Catalan or another language always indicating it before starting the contracting procedure.

3.3 Availability of the product(s): There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible, but not available for purchase.

3.4 Right of Cancellation: BALNEO ELEMENTS, S.L. reserves this action (right of cancellation) of the shipment of a particular product that does not meet the quality requirements imposed on all products of www.miandco.es. In the event that this lackof quality is detected, the customer service of BALNEO ELEMENTS, S.L. you will be suggested a replacement product and, if the replacement is not to the customer's liking, the cost of that product will be refunded.

3.5 Orders 24 hours a day, every day of the year: The order reception time is twenty-four (24) hours three hundred and sixty-five (365) days a year, although orders placed after sixteen (16:00) hours will not be processed, leaving for the next business day in Barcelona. Orders received onFridays, Saturdays and Sundays will be processed on Monday or first business days and delivered within 24 to 72 hours by peninsula and as stipulated in the corresponding section for orders from outside the peninsula.

3.6 Fraud: if BALNEO ELEMENTS, S.L. suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.

4. PURCHASE PROCEDURE:

The user to be able to access the products offered by the provider must be registered through the website by creating a user account. To do this, the user must freely and voluntarily provide the personal data that will be required.

The user will select a username and password, committing to make diligent use of them, and not make them available to third parties, as well as to inform the provider of the loss or theft thereof or possible access by an unauthorized third party, in such a way that the latter proceeds to the immediate blocking.

The user may not choose as a username words that have the purpose, to confuse others for identifying him as an integral member of the provider, as well as misty, insulting and general expressions, contrary to the law or the demands of morality and good customs.

Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the procurement procedure will follow the following steps:

1. Choose the product by clicking on it, and it will be automatically added in the "shoppingbolsa dbag".

2. If you want to add more products, you will need to select the "Continue shopping" option. If you have mistakenly added one that you did not want, you will need to click on the option to remove from the shopping cart.

3. Chosen on the product(s), you will need to click on the finish tab, to place the order. When you click on this option, the purchase confirmation (summary of the order placed, your data and chosen payment method) will appear.

4. The user's credentials will be requested in three ways:

a. User registration: if you are not a previously registered user, in order to make the purchase (such registration is free), a data collection form must be completed (in which you will have to accept the Privacy Policy. Once completed, you will receive a registration confirmation email at the email address indicated.

b. If you are already registered and already a customer: you can access your data by clicking the already registered user button, insert your username andpassword.

The spam and spam controls in your email inbox should be checked and always verified that the contact details you provide are correct.

5. Once registered, an observations screen will appear, where you can indicate the delivery time; a checkbox that should be checked as it is the acceptance of these General ProcurementClauses and the Privacy Policy.

6. To finish the process, you will need to click the Finishbutton.

In any case, the provider's contracting platform will inform the user, once the contracting procedure is complete, via email regarding all characteristics, price, forms of transport, contract date and delivery times of the purchased product.

If there are any errors in the address indicated or at any other point in the order, you must immediately notify the e-mail address that will appear on the website to proceed to the correcting of this error.

If you have any questions you can contact our Customer Service through any of the methods provided on the website www.miandco.es.

BALNEO ELEMENTS, S.L. will provide Customer Service free of charge through our contact email info.miandco.es, if youchoose another alternative means of communication, the user is the one who must take charge of the particular cost of the same.

BALNEO ELEMENTS, S.L. offers telephones in Spain subject to the cost of its telephony operator.

5. SHIPPING

5.1 Transport company: shipments to Spain and the Balearic Islands will be made through compañías Compañía Impackta whose Customer Service phone number is 93 689 84 70. International shipments are made through UPS, whose Customer Service phone number is 902 888 820.

5.2 Shipping costs: Shipments to Spain Peninsular and BalearicIslands, from 30 euros are free of charge. The lowest amount, the shipping cost is 3.50euros.

International shipments shall apply as follows:

For orders for products less than 100 euros, the shipping cost is as follows:

European Union: 9th

Para los pedidos de productos de menos de 100 €, el coste del envío es el siguiente:

Unión Europea: 9€

Countries of Europe outside the European Union: $15

Países de Europa fuera de la Unión Europea: 15€

Other countries not previously covered: $25

For orders greater than or equal to 100 euros the shipment will be free regardless of the country where the order originates.

When the user-customer adds the product to the cart and confirms the shipping address, the system will automatically show you the above-mentioned shipping price.

5.3 Shipping Address:

Shipping Address: The delivery of orders will be made at the delivery address freely designated by the user. In this way, the provider assumes no responsibility for when the delivery of the product does not arrive as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons outside the shipping company, assigned for this purpose, such as the absence of the recipient.

The delivery time of the order will be during normal working hours

Without prejudice to the foregoing, the provider has taken the measures required of a diligent trader so that the delivery can take place within the agreed time, so no liability can be attributed against the provider.

Shipments are made to destinations in Peninsular Spain and the Balearic Islands,European Union and international.

BALNEO ELEMENTS, S.L. will put all means at your disposal so that your order is delivered within the period on our website at the date of issuance of the order confirmation.

5.4 Delivery times: The delivery time is usually between 2-3 working days depending on the product,, depending on the destination population and the payment method chosen. This term is understood as long as the availability of the service has been confirmed and the full payment of the order has been verified. In the case of products not available at the time of purchase our Customer Service can provide you with free/busy information. In promotions and rebates, the delivery time is 4 to 5 business days.

If you have ordered multiple products in the same order please note that they may have different availability dates, in which case you may receive them on different dates. Please note that, in case of the unavailability of any of the references at the time of shipment,you have the right to cancel the order at any time before sending the order by contacting our Customer Service through the following email address: info.miandco.es indicating the order number.

5.5 Shipping confirmation: At the time of delivery of the order to our carrier we will send you confirmation of the shipment to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through the website of our carrier.

5.6 Damage to delivery: Products are shipped envían in secure packaging. If at the time of delivery it is visible and clear, without the need to handle the shipping packaging or those of the product, that a product has defects caused by damage caused by transport or is appreciated, in the same way, an error in the goods received, the customer must immediately contact our Customer Service line 933230616 or the email info.miandco.es, in order to be able to urge the return of the affected product or products and proceed to be replaced by another under optimal conditions or, make the refund of the price paid for it, as indicated in said email.

Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and user must inform the seller of the lack of conformity within two months of becoming. aware of it in our Customer Service line 933230616 or to the email info@miandco.es.

ADDED VALUE TAX: In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific article concerned. In orders to the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.

The user will receive the invoice of the order to the email address provided by the user after the purchase has been made.

Customs taxes for deliveries outside the European Union are not included and must be paid to the courier once your product is delivered.

The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of the same.

In the case of limited-term promotions, the promotion discount will apply as long as the order has been registered during the promotion period.

The method of delivery is detailed in paragraph 5 of these general conditions.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not such an order is subject to promotion.

For any information about the order, the User may contact through the provider's customer service phone or via email to the address provided.

7. PAYMENT METHODS:

Here are the available systems:

7.1 Payment by credit or debit card: The user must have a valid credit or debitcard, where he/she must specify all digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Payments are only accepted with secure cards that authenticate your identity as the cardholder according to the method established by your bank, through secure e-commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until payment has been authorized by your bank or cash.

The system called SSL (Secure Sockets Layer), a payment system is used in a secure environment as it allows the encryption of the information transmitted during the transaction, ensuring the confidentiality of the transaction.

7.2 PayPal: Once the purchase iscomplete, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made successfully, your order will be completed and an email will be sent with the summary of your purchase. By pressing the "Back to the web" button you will return to the web to view the order and be able to print it.

PayPal automatically encodes sensitive data with the help of the most advanced technologies available on the market. PayPal has its own privacy policies and BALNEO ELEMENTS, S.L. has no responsibility for them.

8. RIGHT OF WITHDRAWAL:

8.1 Right of withdrawal: The user is entitled to the exercise of the right of withdrawal, and for this purpose has a period of 15 calendar days from the receipt of the product, without penalty for its exercise; the consumer must be refunded of the total amount of the purchase, that is, the price of the product plus the shipping costs, within 15 days of the exercise of the right of withdrawal by the user/consumer. In relation to the shipping costs for the return of the products, these will be borne by the user-consumer. The exercise of the right of withdrawal is not subject to any formality. The consumer shall only be responsible for the según decrease in the value of the goods resulting from their handling other than that necessary according to their nature, characteristics or operation, without being limited to the exercise of their rights. To carry out this right of withdrawal you can fill out this form with your order number (to obtain a refund of the amount of the product(s) within the maximum period of fourteen (14) calendar days following receipt of the order) along with your contact details. You can send it to us by email info@miandco.es or by postal mail (by any means admitted in law), always within 15 calendar days of receipt of the order. From this period, you can only request the return or exchange of the products for technical reasons subject to the warranty of said product(s).

You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not indicate improper use of the good or different from the nature of the same to the address we have provided.

It is advisable to return it in its original packaging, if it is not possible, the product may suffer a depreciation in its value. The customer will be responsible for the packaging and protection of the products he/she sends, as well as for the costs arising from the shipment.

In the event that the user /consumer wishes it to be MI&Co who proceeds to the collection of the product from which he has given up, always in purchases made within Spain peninsular, you will be deducted from the amount of the refund 3.50 euros as expenses for the collection at the home of the user / consumer. The customer also has the option to return the product to paid freight.
In the event that the user /consumer wishes it to be MI&Co who proceeds to the collection of the product from which he has given up, always in purchases made within Spain peninsular, you will be deducted from the amount of the refund 3.50 euros as expenses for the collection at the home of the user / consumer. The customer also has the option to return the product to paid freight.

The costs of the international return are borne by the user.

Se recommends thatthe transport companybe certified since, in case of loss or delivery in bad condition of the package, BALNEO ELEMENTS, S.L. he's not responsible.

The return address is as follows

MI&CO

ATT: ERIKA VIDALET

C/ JOSEP ESTIVILL, 64-68, LOCAL 4

08027 BARCELONA

T. 933 230 616

As long as the products are returned within 14 calendar days, without damage or wear marks and complying with the requirements set out in this section, we will refund the total amount of the purchase.

8.2 Return by mistake in the order by BALNEO ELEMENTS, S.L.: When the product does not correspond to that of the order, due to some error attributable to the company, the user must communicate it by mail to the company as soon as possible; BALNEO ELEMENTS, S.L. you will be charged for the collection of the product sent by mistake and delivery of the one corresponding to that of the order placed.

8.3 Verification of Returns: The verification and verification of the returned products will be carried out by BALNEO ELEMENTS, S.L. which, once in its premises, shall verify that they are received in compliance with all the requirements set out in paragraph 9.1. In case of missing any of the elements, we will notify you in writing by email indicating the missing content.

8.4 Return process:

REQUEST COLLECTION: From the user account, in the "Changes and returns" section, you can fillin thewithdrawalformula. Once completed you must click on "Request return".

When the return is requested, the user is redirected to the website of the transport company: IMPACKTA. It asks for confirmation of the address and date of collection. Once completed, an email is received confirming the collection.

PREPARE RETURN :Items to bereturned inr their original packaging must be stamped. The garments must be in perfect condition and with the corresponding labels.

DELIVERY TO CARRIER: The closed package must be delivered to the carrier. He will carry with him the label corresponding to the return of your order.

9. WITHDRAWALS:

When the return occurs (withdrawal is exercised) the amount paid for the product plus shipping costs will be refunded. Return costs will be borne by the. consumer-user.

The time limit for making the refund will be no more within the 14 natural and through the same means in which the purchase was made.

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:

10.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.

10.2 Garantía in case of defective product: In case of defective product, BALNEO ELEMENTS, S.L. you must proceed with the repair, replacement, price reduction or termination of the contract (as applicable), procedures that will be free for the user. BALNEO ELEMENTS, S.L. responds to the lack of conformity that manifests the following within two years of delivery; the consumer – user must inform BALNEO ELEMENTS, S.L. lack of conformity within two months of his knowledge.

11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:

If any clause included in these General Conditions is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is null or ineffective, subsisting the General Conditions in everything else, having such provision, or the part thereof that is affected, by not putting.

12. ONLINE DISPUTE RESOLUTION:

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need for recourse to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body,which acts as anintermediary between the two. This body is neutral and will dialogue with both sides to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to ODR platform: http://ec.europa.eu/consumers/odr/.

13. APPLICABLE LAW AND JURISDICTION:

These conditions shall be governed by or construed in accordance with Spanish law in what is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these Terms, to the Courts and Tribunals of the domicile of the provider (if not considered as a consumer for the purposes of the TRLGDCU) or the user (if considered as a consumer for the purposes of the TRLGDCU).

14. APPLICABLE REGULATION:

These General Conditions are subject to the provisions of:
European legislation governing e-commerce:

  • • Directive 97/7/EC on the protection of consumers in the field of distance contracts (Remote Sales Directive);

  • • Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (E-Commerce Directive).

Spanish regulations:

  • Law 3/2014, of March 27, amending the consolidated text of the General Law for the Defense of Consumers and Users..

  • Law 7/1998, of April 13, on General Conditions of Contract,and subsequentamendments,

  • 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 the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)

  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights,,

  • Law 7/1996,of January 15 on Retail Trade Management,and

  • Law 34/2002 of July 11, On Information Society and Electronic Commerce Services and subsequent amendments.

15. COMMENTS AND SUGGESTIONS:

Your comments and suggestions will be well received. Please send us such comments and suggestions through our contact form.

ANNEX: RIGHT OF WITHDRAWAL

X
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