1. INFORMATION ABOUT US
MIRIAM OCARIZ is a registered trademark owned by Miriam Ocariz Miguel, NIF 30608771A and commercial address at C/ Arechaga 9, local izq. 48003 Bilbao, Bizkaia – Spain.
2. BUYER’S OBLIGATIONS
By placing an order through our website, you guarantee that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN US
3.1. After placing an order, you will receive an email from us informing you that we have received your order. Your order constitutes a request to us to buy products. Keep in mind that this does not mean that your order has been accepted. All orders are subject to acceptance by us and we will confirm your acceptance by sending an email stating that the Products have been sent (the Shipping Confirmation). The contract between us will only be formed when we send you the Shipping Confirmation.
3.2. The Contract will only relate to those Goods whose shipment we have confirmed in the Shipping Confirmation.
4. HOW TO RETURN YOUR PURCHASE
4.1. If you are hiring as a consumer, you may cancel a Contract at any time within fourteen calendar days of the day after receiving the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refund Policy (which is detailed below in Clause 7).
4.2. To cancel a Contract, you must inform us in writing of your intention to return the Products to email@example.com . If you do not inform us in writing of your intention to return the Products before shipment, there may be a delay in the process according to Clause 7.
4.3. When we receive notification of your intention to return the Products, we will contact you to inform you about how to proceed with your return.
4.4. You must return the Products in the same conditions in which you received them. Returned Products must be in their original packaging, in original, unused and resalable conditions, and must be accompanied by the details of the corresponding order.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled on the delivery date stated in the Shipment Confirmation or, if a delivery date is not specified, within a reasonable time from the date of the Shipment Confirmation, unless there are exceptional circumstances.
6. PRICE AND PAYMENT
6.1. The price of any Product will be the one marked on our website, except in cases of error.
6.2. These prices include the Value Added Tax (VAT) but exclude delivery costs, which will be added to the total amount owed.
6.3. Prices are subject to change at any time, but changes will not affect orders for which we have already sent a Shipping Confirmation.
6.4. Despite our best efforts, some of the products listed on our site may have an incorrect price. Normally we will check the prices as part of our shipping procedures, so that, when the correct price of the Products is lower than the established price, we will charge the lowest amount when we send the Products to you. If the correct price of the Products is higher than the price indicated on our site, normally, at our discretion, we will contact you to receive instructions before sending the Products, or we will reject your order and we will notify you of such rejection.
6.5. We are under no obligation to provide the Products at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the price error is obvious and unambiguous and may have been recognized by you as a price error.
6.6. The payment of all the goods must be made through Paypal, credit card or debit card, before sending the order.
7. REIMBURSEMENT POLICY
7.1. When you return our products:
7.1.1. By canceling the Contract between us within the fourteen-day reflection period (see Clause 4.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of receipt of the Products returned. In this case, we will refund the price of the Goods in full, minus original shipping costs.
7.1.2. For any other reason (for example, because you have notified us in accordance with Clause 15 that you do not agree to any change in these terms and conditions, or because you claim that the Products are defective), we will inspect the returned Products and notify you of their refund by email within a reasonable period of time. In general, we will process the refund due as soon as possible and, in any case, within 30 days after the date we confirm by email that you are entitled to a refund for the defective Products. The goods returned by you will be reimbursed in full, together with the original shipping costs.
7.2. Usually, we will refund the money received using the same method originally used to pay for your purchase.
8. OUR RESPONSIBILITY
8.1. We guarantee that all Products you buy from us through our website are of satisfactory quality and reasonably fit for all purposes for which Products of this type are commonly provided.
8.2. Subject to clause 9.5, our liability for losses you suffer as a result of the termination of this agreement, including deliberate infractions or any loss that is a foreseeable consequence of the breach of the agreement, is strictly limited to the purchase price of the Goods. that were bought
8.3. Subject to clause 8.5, we are not responsible for indirect losses that occur due to a secondary effect or damages caused by third parties, including, among others, delays or damage caused by the company responsible for the shipments.
8.4. When you buy products from an external vendor through our website, the legal liability will be established in the terms and conditions of that seller.
8.5. Nothing in these terms and conditions excludes or limits in any way our liability:
8.5.1. For personal injuries caused by our negligence;
8.5.2. For fraud or fraudulent misrepresentation; or
8.5.3. For any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9. RIGHT OF IMPORT
9.1. If you request products from our website for delivery outside of Spain, they may be subject to import duties and taxes that are charged when the delivery reaches the specified destination. You will be responsible for the payment of these import duties and taxes. Keep in mind that we have no control over these charges and we can not predict their amount. Contact your local customs office for more information before placing an order.
9.2. Also note that you must comply with all applicable laws and regulations of the country to which the Products are intended. We will not be responsible for any breach by you of such laws.
10. WRITTEN COMMUNICATIONS
The applicable laws require that part of the information or communications that we send you are made in writing or email. By using our website, you agree that communication with us will be primarily electronic. We will contact you by email or we will provide information by posting notices on our site. For contractual purposes, you accept these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we will provide you electronically, and that comply with the legal requirements digentes. This condition does not affect your legal rights.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1. The Contract between us is binding for both and for our respective assignees.
11.2. You may not transfer, assign, charge or dispose of a Contract, or any of your rights or obligations arising therefrom, without our prior written consent.
11.3. We may transfer, assign, collect, subcontract or dispose of a Contract, or any of our rights or obligations arising therefrom, at any time during the term of the Contract.
12. EVENTS OUTSIDE OF OUR CONTROL
12.1. We reserve the right to defer the delivery date or cancel the Contract (without any liability to you) if we are prevented or delayed in the continuation of our business due to a force majeure event, provided that, if the event in question continues for a period of more than 60 days, you will have the right to give us a written notice to terminate the Contract.
12.2. Our performance under any Contract will be considered as suspended for the period in which a force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will make all reasonable efforts to close the event of force majeure or to find a solution whereby our obligations under the Contract can be fulfilled despite the case of force majeure.
13. COMPLETE AGREEMENT
These terms and conditions, and any other document expressly mentioned in them, represent the entire agreement between us and supersede any prior agreement between us, either orally or in writing.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions that affect our business, changes in technology or capabilities of our system, changes in payment methods, Changes in laws and relevant regulatory requirements.
14.1. You will be subject to the terms and conditions in force at the time you request the Products, unless (1) any change in these policies or these terms and conditions must be made by law or a governmental authority, or (2) if We notify you of the change to these policies or these terms and conditions before sending you the Shipping Confirmation, in which case we have the right to assume that you have accepted the change in the terms and conditions, unless you notify us otherwise within a period of seven working days from receipt of the Goods.
15. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed and construed in accordance with Spanish law. Disputes arising in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of Spain.
16. DATA PROTECTION
You agree that we may use the personal information you have provided to us to carry out the obligations of the Contract and, if necessary, the appropriate controls against fraud. The personal information you provide will not be delivered to third parties. Even so, it could be turned over to a credit reference or fraud prevention agency, which can keep a record of that information.
This document contains the Conditions that regulate the use of this website. These conditions are related to the rights and obligations of all users in relation to the products or services we offer through this website or any other web page that can be redirected through a link (hereinafter referred to as “MIRIAM OCARIZ Services”).
2. Use of our website
You accept that:
2.1. You can only use this website to know our products or services, make inquiries or legally valid orders.
2.2. You will not be able to make any false or fraudulent orders. If we have reasonable grounds to consider that you have placed an order of this nature we will give it for null.
2.3. You are also required to provide your personal information, email address, postal address and / or other contact information and consent that we may use that information to contact you if necessary (see our Privacy Statement). If you do not provide us with the information we need, we will not be able to process your order.
3. How the Contract is formalized
The present information and the details on this website is an invitation to do business. There is no contract between us if you have not yet made a purchase offer. To formalize an order, you must follow the online payment procedure through Paypal. In this case, you will be sent an email confirming receipt of your order (“Order Confirmation”). All orders are subject to our acceptance and we will confirm such acceptance by sending you an email with confirmation that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us (Contract) will remain formalized when the Shipping Confirmation is sent. They will be the object of the Contract for products related to the Confirmation of Shipment. We will not be obliged to provide you with any other product that may have been the subject of an order until we confirm the shipment of the same in an Independent Shipping Confirmation.
4. Availability of the products
All product orders are subject to their availability.
5. Refusal to process an order
We reserve the right to withdraw any product from this website at any time and / or remove or modify any material or content thereof. However, at present, all orders can be sent to the confirmation of the request, and we reserve the right to do so at any time, at our discretion. We may remove any product from this website, regardless of whether said product has been sold or not, and modify any material or content of the website.
6. Right to cancel the purchase
When hiring, as a consumer you can cancel the Contract at any time within fourteen calendar days from the Confirmation of Shipment of your order. In this case, you will be refunded the price of the products in accordance with our Return Policy (see Clause 8). You must also include all instructions, documents and packaging of the products. No refunds will be made until the Products are received and their conditions are checked.
Without prejudice to the provisions of Clause 4 above and unless extraordinary circumstances occur, we will try to send the order indicated in the Shipment Confirmation before the delivery date shown in the Shipment Confirmation or, if none has been specified Delivery date, within 15 days from the date of the Confirmation of shipment. The possible delay may be due to the following reasons: personalization of the products, specialized articles, delivery area or unforeseen circumstances. In any case, keep in mind that no deliveries are made on Saturdays or Sundays.
In order to comply with the delivery, the option will be given to continue with a new delivery date or cancel the order, with the total refund of the price paid. For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the product (s) have been “delivered” at the time of receipt of the same at the indicated delivery address.
8. Impossibility of delivery
If after two attempts it is impossible to make the delivery, the courier company will try to find a safe place to leave the package. It will leave you a note explaining where your package is and how to collect it. If you are not going to be in the place of delivery at the agreed time, we ask you to contact our courier company to arrange delivery at another time.
9. Transmission of risk and property
You will acquire the ownership of the products when we receive the full payment of all the amounts owed in relation to them, including the shipping costs, or at the time of delivery, if this took place at a later time.
10. Price and payment
The price of the products will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors can occur. If this happens and you have placed an order, we will contact you so you can cancel the order or decide to continue with it. Prices may change at any time.
The entire payment process is through Paypal. If you do not have an account in Paypal you will also be allowed to make the payment by credit or debit card through that platform.
11. Value added tax
In accordance with current regulations, any purchase made through this website will be subject to Value Added Tax (VAT).
12. Exchange and / or return policy
If you wish to withdraw from the Contract within 14 days of receiving the order, you can return the goods to us by contacting us at the e-mail address firstname.lastname@example.org. You must deliver the merchandise in the same package in which it was received, following the instructions that we will send you. Please keep in mind that if you decide to return the items to us, we will be authorized to charge you the expenses that we may incur.
Returns the item using or including its original packaging, in addition to the instructions, documentation and packaging that may accompany it. After examining the article we will let you know if you have the right to return the amounts paid. The refund will be made as soon as possible and, in any case, within thirty days from the date we notify you of our acceptance of your return. The refund will be made in the same means of payment that was used to pay for the purchase. We will not proceed to the exchange or return of those products that are not in the same conditions in which they were sent, or that have been used beyond the mere opening of the packaging. The changes can only be made for the same item in different size or color.
13. Returns of defective products
In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately at the email address email@example.com , providing the product data as well as of the damage it suffers and we will tell you how to proceed. In order to return the product, we will send a messenger to your address. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable). The return or replacement of the article will be made as soon as possible and, in any case, within 30 days after the date of the email confirming that the return or replacement of the item is appropriate. The amounts paid for those products that are returned because of some defect or defect, when it actually exists, will be reimbursed in full, including the delivery costs necessary to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase.
14. Liability and liability exemption
Our responsibility in relation to any Product purchased on our website will be strictly limited to the purchase price of said Product. Nothing in these Conditions of Purchase excludes or limits in any way our liability:
1. In case of personal injury caused by our negligence;
2. In case of fraud or fraudulent falsehood; or
3. In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of the losses or losses. major damages, which occur in any way, and are caused by illicit actions (including negligence), breach of contract or others, even if they could have been foreseen.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the contrary in it. All descriptions of products, information and materials that appear on this website are provided “in the state in which they are found” and without express, implied or derived warranties in any other way. To the extent possible, as permitted by law, we exclude all warranties except those that can not be legitimately exercised against consumers. The provisions of this clause will not affect your rights recognized by law as a consumer, nor your right to cancel the Contract.
15. Intellectual property
You acknowledge and consent that all copyright , registered trademark and other intellectual property rights over the materials or content provided as part of this web page correspond to us at all times or to those who granted us a license for its use. You may use such material only in the manner in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
16. Written communications
The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you accept that most communications with us are electronic. We will contact you by email or we will provide information by posting notices on this web page. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements. This condition will not affect your rights recognized by law.
The notifications you send us should preferably be sent through our contact form. In accordance with the provisions we can send you communications either to the e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made 24 hours after sending an email, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient in the case of a letter that it is certified, and in the case of an email that was sent to the email address specified by the recipient.
18. Assignment of rights and obligations
The Contract between us is binding on both parties. You may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations deriving from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect your rights as a consumer, recognized by law or will be annulled, will reduce or limit in any other way the guarantees, both express and implied, that we could have granted you.
19. Events beyond our control
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose origin is due to events that are beyond our reasonable control (“Cause of Force Majeure”). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include, but is not limited to, the following:
- Strikes, lockouts or other claims actions.
- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
- Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport, as well as customs retentions.
It will be understood that our obligation of compliance will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill our obligation during that period. We will use all reasonable means to end the Cause of Force Majeure or to find a solution through which we can fulfill our obligations under the Contract despite the Cause of Force Majeure.
If during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Conditions, or if we fail to exercise any of the rights or resources we were entitled to exercise or To interpose by virtue of said Contract or these Conditions, such fact shall not constitute a waiver of said rights or remedies nor shall it exempt you from complying with such obligations. The waivers we make to demand compliance will not constitute a waiver by us to demand further compliance. No waiver by us of any of these Conditions will take effect, unless it is expressly stipulated that it is a waiver and you are notified in writing, in accordance with the provisions of the previous notification point.
If any of these Conditions or any provision of a Contract are considered invalid, illegal or unenforceable to any extent by the competent authority, will be separated from the remaining conditions and provisions that will remain valid to the extent permitted by law.
22. Integrity of the contract
These Conditions and any document expressly referred to in them constitute the entire agreement between us in relation to the object of the Contract and supersede any other agreement, agreement or prior promise agreed between us, verbally or in writing. We both acknowledge having agreed to enter into this Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that which is expressly mentioned in the present Conditions. Neither you nor we will have recourse to any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that fraudulent statement was made uncertain) and the only remedy available to the another part will be for breach of contract in accordance with the provisions of these Conditions.
23. Our right to modify these conditions
We have the right to review and modify these Conditions at any time. It will be subject to the policies and Conditions in force at the time you make each order, unless by law or decision of government agencies we should make changes in those policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that had been previously made.
24. Comments and suggestions
Your comments and suggestions will be well received. We ask you to send us your comments about the experience in the purchase or our products through the contact form.