Terms and Conditions of use

General terms and conditions of use.

1. Legal information regarding the title holder.

In compliance with Spanish law 34/2002 regarding Information Society Services and E-Commerce (Ley 34/2002 de Servicios de la Sociedad de la Información y del Comercio Electrónico – LSSICE), the following legal information is provided regarding the undermentioned website:

Website URL:

www.casamira.es

Owner:

HIJOS SUCESORES DE LUIS MIRA SL (CASA MIRA)

Address:

Carrera San Jerónimo nº 30, 28014, Madrid

Fiscal ID Nº:

B78417235

Telephone nº:

914 296 796 / 914 29 88 95

E-mail address:

info@casamira.es / pedido@casamira.es

Registration details:

___________________________________________

2. Purpose and Scope.

The provisions in these General Contractual Conditions of use cover the information made available via the website www.casamira.es, as well as the legal relationship arising from contractual undertakings between the users and the owner of the website.

3. User conditions and agreement.

Access to, navigation and use of the website confers the status of ‘user’ upon the visitor and assumes the unconditional acceptance the legal agreement on conditions of use. Access to the website www.casamira.es is free.

The registration of a client as “user” via the form available on the website confers the status of “registered user” and further implies acceptance of the previously stipulated Privacy Policy.

The procurement of any product confers the status of “client” on the user, who must thereby understand and accept the General Terms and Conditions of Use included in the existing agreement, as well as, where pertinent, any particular conditions.

Permission to use the digital services provided via the website is granted exclusively to users 18 years of age or over.

By accepting the contractual terms and conditions of use, the Client makes the following declarations:

1st. That they are legally of age and able to enter into contractual agreements.

2nd. That they are resident in Spain or in a location that is under Spanish jurisdiction.

3rd. That they have read and agree to these general terms and conditions.

CASA MIRA makes available the email address info@casamira.es in case of any doubt or uncertainty regarding the terms and conditions of use.

4. Modifications to legal agreement and general terms and conditions of use.

CASA MIRA may modify the general terms and conditions without prior notice to the consumer/user; it is thus advisable to consult these prior to visiting the website. Such modifications are effective from the moment of publication on the website and cannot be retrospectively applied to prior contractual arrangements.

In all cases the date of modification of terms and conditions shall be indicated. Each transaction will be covered by the terms and conditions in force on the date of the order. In all cases the general terms and conditions of use will be available for consultation prior to entering into any contractual arrangement.

5. Responsibilities of CASA MIRA.

All products displayed and offered for sale on our website are modified in accordance with legal conditions and precepts established in current Spanish legislation. Access to the website shall be considered voluntary and as such the responsibility of the user, who shall be responsible for all direct or indirect consequences arising from use of the website. Including, but not limited to, all economic, technical and/or legal repercussions, as well as any failure to meet users’ expectations on the part of our website, undertaking to indemnify CASA MIRA for any claims arising directly or indirectly from such matters.

CASA MIRA accepts no responsibility for any damages arising from interference, omissions, interruptions, computer viruses, malfunctions and/or disconnections in the operational working of this electronic system, or the devices or computer equipment of users, due to circumstances beyond the control of CASA MIRA, due to the user, third parties, or other unforeseen circumstances. CASA MIRA has no control over the general use by users of its website. Under no circumstances does CASA MIRA guarantee that users will use the website in conformity with existing legislation, existing general Terms and Conditions, generally accepted morality, consuetude and public order, nor that they will act in a diligent and prudent manner.

CASA MIRA’s liability for products supplied is limited to the value of such items. The user or consumer renounces all claims of responsibility on the part of CASA MIRA of any type regarding any instance of dissatisfaction regarding any goods acquired via this website, including possible errors,  slowness of access, or connection errors, including loss of data or other information that may be present on the computer, system or network accessing the CASA MIRA website.

6. Obligations of clients and users.

Users are hereby bound, in general, to conform with current general Terms and Conditions, as well as any special recommendations or instructions contained therein or on the website, and to act legally, according to accepted good practice, and in good faith, showing due diligence, and refraining from using the website in any way that might impede, damage or reduce the normal functioning of the same, the rights or assets of CASA MIRA, its suppliers, other users or third parties. Access to the portal by minors is prohibited without express permission of parents or legal guardians; CASA MIRA accepts no responsibility for truth or accuracy of any data entered by users in forms and so cannot verify the age of users.

Specifically, and without implying any restriction to the previous section of this agreement, while using the website the user agrees to:

a) Provide accurate information about any data requested in the user registration form, or in the completion of an order, and to keep such information up to date.

b) Not to add, save, or share in or from the website any information or material that could be considered defamatory, damaging, obscene, threatening, xenophobic, an incitement to violence or discriminatory by race, gender, ideology, religion, in any way violates public order or morals, basic rights, public freedoms, the honour, personal privacy and image of third parties, and general observance of current regulations.

c) Not to add, save or share via the webpage of the store any program, data, virus, code, or any other digital or physical device that may cause damage to the website, any of the services, or to any of the equipment, systems or networks of CASA MIRA, or of any third party in general.

d) Carefully save their username and password as provided by CASA MIRA, assuming the liability for damages arising from any improper use thereof.

e) Not to engage in any publicity or commercial activity via the website, nor use any of the content or information therein for the purposes of publicity, nor send messages for any other commercial purpose, nor collect or store any personal data concerning third parties without express written permission.

f) Not to assume false identities, nor to misrepresent the identities of others in the use of the website or of any of the services therein, including the use of passwords or access keys of third parties, nor via any other means.

g) Not to destroy, alter, exploit for their own personal use, misuse or damage data, information, programs, or digital files belonging to CASA MIRA, its suppliers or third parties.

h) Not to enter, store, or share via the website any content that infringes the rights of intellectual property, industrial or commercial secrets of others, nor any content over which they hold no legal rights to share with third parties.

The client must agree to provide and allow for the delivery of any order made by providing an address that will allow for the delivery of the order during the normal time allowed for the deliveries of goods. In case of non-compliance of this obligation on the part of the client, CASA MIRA accepts no responsibility for delays nor inability to deliver goods ordered by the client.

7. Processing of orders.

The following steps shall be taken in order to process orders:

Step 1

Access https://casamira.com

In order to place an order, it is necessary to access the website.

Step 2

Register as a user.

Register as a user, filling out the digital form that appears on the webpage of the online shop, following the instructions there indicated.

Step 3

Add goods to the shopping basket

After registering, and in order to buy goods, the user should consult the stock of and add any goods they wish to acquire to the shopping basket according to the instructions displayed onscreen.

Prices and offers displayed on the website are only valid for online orders.

Step 4

Validate order

Fill out the order form with appropriate data (date of order, delivery method, date of delivery, payment method and order) and validate the order.

The validation of the order by the customer implies express knowledge and acceptance of the general terms and conditions in execution of the contract. Excepting any proof to the contrary, data registered with CASA MIRA constitutes proof of the transactions between CASA MIRA and its customers. CASA MIRA will save and make accessible to customers all digital files used in creating contracts.

Once an order is opened and within the shortest possible period, always within 24 hours of ordering, CASA MIRA will send a proof of purchase to the customer via email.

Step 5

Payment

Select method of payment and process this via the appropriate payment gateway.

8. Product availability.

The range of products offered via our website is valid in as far as the products displayed may currently be in stock. As in all cases of e-commerce, while online stock is continually updated, it is possible that at some juncture the stock may have been depleted while orders are in process, making it impossible to complete the transaction for an order.

In the event of an interruption in stock availability, or an item being temporarily unavailable, CASA MIRA will immediately communicate this to the customer, and where it is not possible to provide and item, cancel the order as appropriate.

9. Prices.

The prices of items are displayed on the website, including purchase taxes. During the purchase process, the amount corresponding to purchase taxes will be clearly indicated as per the rate applicable at the time.

10. Postage and packing rates.

Postage and packing rates are not included in the initial product price and will be shown at the time of completing an order.

Transport costs will be included in the customer invoice. Relevant postage and packing rates will be displayed before finalising any order.

Orders can be made from within Spanish territories or within the European Union.

11. Payments.

CASA MIRA offers customers a choice of the following methods of payment:

  • By Credit Card: Visa and Master Card have developed secure internet payment systems. The Secure e-Commerce Payment systems ensure that the card issuer (bank or savings bank) identifies the title holder before authorising any internet payment.

CASA MIRA adheres to this security protocol so that, once a product has been selected for purchase and a card number is entered, a separate pop-up window will appear from the card issuer requesting identification, displaying one of the following icons:

All data relating to customer cards and passwords are securely protected from the moment that they are entered. Once the identification process has been completed, the card issuer notifies CASA MIRA that the card holder is making a transaction, so that this process can then be completed by the customer. If the identification process is not successfully completed, the card issuer will communicate this information to CASA MIRA so that they appropriate steps can be taken.

This pop-up window is outside of the control of CASA MIRA, responsibility for all related eventualities being that of the card issuer; customers should contact the issuer in the event of any related issues.

CASA MIRA reserves the right to reject any transaction carried out using a credit or charge card. In such case we will reimburse the appropriate funds to the original card used for such a transaction.

  • Paypal accounts: Paypal is the world leading online payments facilitator, using a secure payment system in which the user opens an account on the system which subsequently allows them to make payments at numerous online e-commerce stores across the globe, effecting payment via their credit or charge cards. Paypal will have unique access to the banking information of customers, acting as an intermediary between the user and CASA MIRA. This form of payment is immediate; at the time that the customer makes a payment it is received by CASA MIRA who, having verified that the data is correct, proceeds to process the associated order. To register or receive more information about the service, visit the Spain Paypal website at www.paypal.es. This is an external link to external pages with their own terms and conditions, and privacy policies.

It is not possible to process an order nor arrange for its delivery via our website until payment for the relevant product has been made.

12. Product delivery methods and deadlines

Goods will be delivered to the address facilitated by the customer when placing the appropriate order.

In the event of an order for various goods with different availability, the delivery deadline will correspond with that of the product with last available shipping date. In exceptional cases, CASA MIRA reserves the right to separate orders, shipping items separately as they become available. All orders for goods are subject to acceptance on the part of CASA MIRA.

CASA MIRA will not ship any product until it has confirmed that payment has been received.

The estimated delivery deadline shall be between 1-6 working days.

13. Returns, exchanges, and cancellations of orders.

When an online order is placed, in addition to other benefits offered by our policies, CASA MIRA allows for the return or exchange of products within a limit of seven calendar days from delivery, in the case of perishable goods. The client/user may return goods within a limit of 7 days; in exceeding this limit there will exist no right to return or exchange for products – ‘turron’ (nougat), marron glase (glazed chestnuts), torta de piñón (pine nut tart), barrita de guirlache (almond brittle bars), yemas de Jijona (sugared egg yolk), torta imperial (honey almond wafer cake), glorias de Jijona (almond and pumpkin cakes), yemas de nuez (frosted walnuts), imperiales (sweet wafered almonds), anguilas (candied fruit cake), fruta escarchada  (candied fruit), polvorones (crumbly shortbread), peladillas y piñones (sugared almonds and pine nuts), figuritas de mazapán (marzipan figurines).

CASA MIRA shall not substitute products in a client’s order without prior consultation. If it should be the case that for reasons beyond the control of CASA MIRA it is not possible to supply an order, the customer will be offered the opportunity to receive a substitute product of a similar nature while retaining the right to cancel the order.

To proceed with the cancelation of an order, the customer/user must do so within a 24 hour time limit, notifying of this intent via the email address info@casamira.es, or by calling the telephone number 914 296 796 / 914 29 88 95, stating the relevant order number.

In the case of the cancelation of an order that has been confirmed and despatched, the customer will be liable for any associated postage and packing costs.

In the case of dissatisfaction for any reason with a product received, and in order to proceed with the return and its subsequent replacement, in accordance with article 119 of Spanish law Real Decreto Legislativo 1/2007, of 16th November, which consolidates the amendments to the General Law on the Defence of Consumers and Users and associated secondary legislation, the right of replacement for a product is thereby recognised.

As a company policy, CASA MIRA will not collect goods that are to be replaced returned, given the perishable nature of the merchandise, which for reasons of public health and hygiene may not be resold; for this reason such goods may not be collected nor can they be returned by the consumer/user/customer.

Despite this, the consumer has the right to request the return or replacement of an item. To proceed with the replacement of a product – ‘turron’ (nougat), ‘marron glase’ (glazed chestnuts), ‘torta de piñón’ (pine nut tart), ‘barrita de guirlache’ (almond brittle), ‘yemas de Jijona’ (sugared egg yolk), ‘torta imperial’ (honey almond wafer cake), ‘glorias de Jijona’ (almond and pumpkin cakes), ‘yemas de nuez’ (frosted walnuts), ‘imperiales’ (sweet wafered almonds), ‘anguilas’ (candied fruit cake), ‘fruta escarchada’  (candied fruit), ‘polvorones’ (crumbly shortbread), ‘peladillas y piñones’ (sugared almonds and pine nuts), ‘figuritas de mazapán’ (marzipan figurines) – the customer must send an email to the following addresses info@casamira.es / pedido@casamira.es, to which must be attached the following:

  • An explanation of the state of the product (where a product fails to comply with standards), or how the product fails to meet customer expectations.

  • Attach the purchase invoice or receipt.

  • A photograph of the product.

CASA MIRA will respond within a limit of 7 calendar days, providing a response via e-mail. Once the case has been assessed and it has been acknowledged that the item does not conform to established standards, is not in an acceptable condition, or does not meet customer expectations, a replacement may be arranged.

No return of an order that does not meet the above-mentioned criteria can be accepted.

The total liability of CASA MIRA, on whatever grounds, shall not under any circumstances exceed the total value of the goods supplied. CASA MIRA shall not under any circumstances, other than in accordance with the present clause, be held responsible for any damages, in particular loss of income, or damages in respect of loss resulting from cancellation or delay in production. Any refund referred to in the present clause will exclude any other refunds resulting from minor defects in quality or quantity.

CASA MIRA is responsible for providing at point of sale any documentation necessary for complaints procedures.

14. Right of withdrawal.

In accordance with the provisions of article 102 of the Royal Legislative Decree (Real Decreto Legislativo) 1/2007 of 16 November 2007, which consolidates the amendments to the General Law on the Defence of Consumers and Users and associated secondary legislation, the consumer may exercise the right to withdraw from the contract for up to 14 calendar days thereafter, without providing a motive, incurring costs outlined in articles 107.2 and 108 of the previously cited legal precept. The statutory time limit will expire when 14 calendar days have elapsed from receipt of goods ordered via the website by the consumer.

Any merchandise ordered has been quality control tested by the relevant manufacturer.

Upon receipt of goods ordered, the consumer should ensure that the packaging is in good condition, correctly sealed, and shows no outward signs of tampering. Otherwise, record this incident on the delivery note provided by the relevant company, reject the delivery, and notify CASA MIRA in writing or via email to info@casamira.es as soon as possible.

Whether in the case of return due to cancellation of purchase or due to a defect in the product ordered, we request that the following steps are followed in order to ensure a smooth and effective process.

·How to exercise the right to cancellation.

 In order to exercise the right to cancellation the consumer must notify CASA MIRA of this decision in writing or by email to info@casamira.es

To comply with the time limit for cancellation it is sufficient that the relevant communication claiming this right is sent prior to the stated limit of 14 calendar days. The user / customer, regardless of the medium chosen for informing of their decision, must clearly and unequivocally their decision to cancel the contract of purchase. This communication must be made and sent before the legally defined time limit.

·Consequences of cancellation.

In the event of cancellation on the part of the customer, all payments received will be returned without undue delay and, in all instances, within 14 calendar days of the date of receipt of any goods returned to CASA MIRA.

Associated refunds will be made using the same payment method employed in the original transaction unless an express request has been made for an alternative.

Such refunds will be made without delay and within 14 calendar days of the relevant request on the part of the customer.

Please follow the instructions for product returns as outlined elsewhere in this document.

15. Notifications.

All notifications, complaints, requests, or other communications made in relation to the present Terms and Conditions must be made in writing and will be considered to be duly effected when hand-delivered, or sent by post to the correct physical address, or to the relevant email address as supplied by the interested parties.

16. Null and void terms within the agreement.

Si cualquier cláusula incluida en estas Condiciones Generales fuese declarada, total o parcialmente, nula o ineficaz, tal nulidad o ineficacia afectará tan sólo a dicha disposición o a la parte de la misma que resulte nula o ineficaz, subsistiendo las Condiciones Generales en todo lo demás, teniéndose tal disposición, o la parte de la misma que resultase afectada, por no puesta.

17. Resolution of non-contractual disagreements.

In accordance with the guidelines set out in Spanish Law 7/2017, of November 2, which incorporates into Spanish law the Directive of 2013/11/EU, of the European Parliament and Council, of May 21, 2013, regarding alternative resolutions of consumer disputes.

The new directive demands that in the case of conflict between businesses and consumers (article 3 of the relevant legislation) disputes may be resolved extrajudicially via a relevant competent authority (article 26 of the relevant legislation). The objective of the current legislation is that of guaranteeing consumers resident in the European Union access to mechanisms for the resolution of consumer disputes.

  • Madrid Autonomous Community, Department of Consumer Affairs (Comunidad de Madrid, Departamento de Consumo): the user/consumer may register complaints via the following link.

https://www.comunidad.madrid/servicios/consumo

  • European Union: The user/consumer may also access the alternative following digital platform for the resolution of disputes via the following link.

https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online-dispute-resolution/index_es.htm

18. Applicable legislation. Submission to jurisdiction.

Purchases made with CASA MIRA are subject to Spanish Law.

The current general Terms and Conditions are subject, inter alia, to the following Spanish legislation:

  • Spanish Law 7/1996, of 15 January regarding Retail Trade Management (“LOCM”).

  • Spanish Law 7/1998, of 13 April, regarding General Contractual (“LCGC”).

  • Spanish Law 3/2014, of 27 March, which modifies the text of the Law for Defence of User and Consumer Rights [Ley General para la Defensa de los Consumidores y Usuarios] and other complementary legislation, passed by Royal Decree [Real Decreto Legislativo] 1/2007, of 16 November (“TRLGDCU”).

  • Spanish Law 34/2002, of 11 July, regarding Information Services and Electronic Commerce in Society. (“LSSICE”).

  • Spanish Law 3/2018, of 5 December, regarding Protection of Personal Data and protection of Digital Rights (“LOPDGDD”).

  • Regulation (EU) 2016/679 of the European Parliament and Council 27 April 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of such data, and repealing Directive 95/46/EC.

  • Spanish Law 7/2017 of 2 November which incorporates into Spanish law the Directive 2013/11/EU of the European Parliament and Council, of May 21, 2013, regarding alternative resolutions of consumer disputes.

In the event of any conflict or dispute arising from the interpretation or application of existing contractual conditions, the courts and tribunals under whose jurisdiction these matters fall shall be regarded as the competent legal arbiters in the application to consumers at the site of fulfillment of a substantial part of the obligations implied by a relationship, or the purchasing party’s place of domicile or business.

For the resolution of any dispute arising, the parties agree to waive the right to other jurisdictions and submit to the authority of the courts and tribunals of Madrid.

Last updated: October 2020.