1. INFORMACIÓN DEL TITULAR
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following legal information is provided regarding this website:
Website:
www.casamira.es
Owner:
HIJOS SUCESORES DE LUIS MIRA SL (hereinafter CASA MIRA)
Address:
Carrera San Jerónimo nº 30, 28014, Madrid
Tax ID (C.I.F):
B78417235
Phone:
914 296 796 / 914 29 88 95
Email:
info@casamira.es / pedido@casamira.es
Company Registration Details:
(You can add the specific registry information here if needed
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 CASA MIRA shall not be held liable for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in users’ devices and computer equipment, caused by reasons beyond CASA MIRA’s control, which may hinder or delay the provision of services or navigation through the store. Nor shall CASA MIRA be responsible for delays or blockages in usage caused by deficiencies or overloads on the Internet or other electronic systems, or for the inability to provide the service or allow access due to causes not attributable to CASA MIRA, including those related to the user, third parties, or force majeure. CASA MIRA does not generally monitor how users utilize the website. In particular, CASA MIRA shall not be held responsible under any circumstances for users’ use of the website in accordance with the law, these General Terms and Conditions, moral standards, generally accepted good customs, or public order, nor for their use in a diligent or prudent manner.
CASA MIRA civil liability for the products supplied is limited to their purchase price. The user or consumer waives any right to claim liability from CASA MIRA under any circumstance in the event of dissatisfaction with products purchased through this website, as well as for any potential failures, slow access, or errors in accessing the site, including loss of data or any other type of information that may exist on the user’s computer or network when accessing CASA MIRA.
6. Obligations of Customers and Users
In general, the user agrees to comply with these General Terms and Conditions, as well as to follow any specific warnings or instructions for use contained herein or on the website, and to always act in accordance with the law, good customs, and the principles of good faith, exercising due diligence and refraining from using the website in any way that may hinder, damage, or impair its normal operation, or the property or rights of CASA MIRA, its suppliers, other users, or any third party in general.Access to and use of the website by minors is strictly prohibited without the express consent of their parents. CASA MIRA is not responsible for the accuracy or truthfulness of the data provided by the user and, therefore, cannot verify their age.
Specifically, and without limiting the scope of the previous section, the user agrees to the following obligations while using the website:
a) Provide truthful information regarding the data requested in the user registration or order form, and keep such information up to date.
b) Not to introduce, store, or disseminate on or from the website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination based on race, gender, ideology, religion, or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties, or generally any applicable laws and regulations.
c) Not to introduce, store, or disseminate through the store’s website any program, data, virus, code, or any other electronic or physical device that may be capable of causing damage to the website, any of its services, or to any equipment, systems, or networks belonging to CASA MIRA, other users, CASA MIRA’s suppliers, or any third party in general.
d) Diligently safeguard the “username” and “password” provided by CASA MIRA, assuming responsibility for any damages or losses that may result from their improper use.
e) Not to carry out advertising or commercial exploitation activities through the website, nor to use its content or information to send advertisements or messages for any other commercial purpose, or to collect or store personal data of third parties without express authorization.
f) Not to use false identities or impersonate others when using the website or any of its services, including, where applicable, the use of third-party passwords or access credentials, or by any other means.
g) Not to destroy, alter, misuse, disable, or damage the data, information, programs, or electronic documents belonging to CASA MIRA, its suppliers, or third parties.
h) Not to introduce, store, or disseminate through the store’s website any content that infringes upon the intellectual or industrial property rights, or trade secrets of third parties, nor any content which, according to the law, the user does not have the right to make available to others.
The customer must commit to providing and enabling the delivery of the requested order by supplying an address where the order can be delivered during the usual merchandise delivery hours. In the event that the customer fails to comply with this obligation, CASA MIRA shall not be held responsible for any delay or inability to deliver the requested order.
7. Placing an Order
Access https://www.casamira.com/
To place an order, it is necessary to log in to the website.
User Registration
Register as a user by completing the electronic form available at any given time on the online store’s website and following the instructions provided.
Fill the Shopping Cart
After registration, and in order to proceed with the purchase of products, the User must add the desired item to the shopping cart, following the on-screen instructions. Stock availability should be checked beforehand.
Prices and offers displayed on the website are valid solely and exclusively for online orders.
Validate purchase
Filling in the order forms provided (Invoicing data, Type of shipment, Delivery data, Payment method and Order) and validating the purchase.
The validation of the order by the Client expressly implies the knowledge and acceptance of these General Contracting Conditions as part of the conclusion of the contract. Unless there is proof to the contrary, the data registered by CASA MIRA constitute proof of all the transactions carried out between CASA MIRA and its clients. CASA MIRA will file the electronic document in which the contract is formalized and this will be accessible.
Once the purchase has been made and as soon as possible, always before 24 hours have elapsed since the execution of the purchase, CASA MIRA will send to the Client by e-mail a receipt of the purchase.
Selection of the payment method and execution of the payment through the corresponding gateway.
8. Product availability.
The selection of products offered through our website are valid as long as the products are visible on the website, with the limits of available stock. Being e-commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock runs out, not being able, therefore, in these cases, to continue with the purchase initiated.
In the event that there is a stock shortage or unavailability of an article CASA MIRA will contact the Client to inform him/her immediately, and if it is not possible to serve said product, proceed to its cancellation.
9. Pricing.
The prices of the products are indicated on the website including VAT. During the purchase process, the amount corresponding to the tax charge will be shown according to the current rate applicable to the products.
10. Shipping and Handling.
Shipping and/or handling costs are not included in the price of the product and will be shown to the Customer before finalizing the purchase.
The amount of the transport will be included in the Customer’s invoice. The Customer will be able to check the cost of shipping or handling before finalizing the purchase.
Deliveries shall be made within the Spanish territory and the European Union.
11. Payment.
CASA MIRA has the following means of payment available for the Customer to choose from:
Payment by Credit Card Visa and Master Card have developed a system to make secure payments on the Internet. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorizing payment over the Internet.
CASA MIRA is adhered to this security protocol so that, once you have selected the product to buy and entered your card number, a window of the Issuer opens asking for your identification, showing one of the following icons:
Your card data and password are protected by this security system from the moment of their introduction. Once the identification is completed, the Issuer communicates to
This window is out of CASA MIRA‘s control, being the responsibility of its Issuer any incidence that may arise with it, and you must contact said entity if you find yourself in this situation.
CASA MIRA reserves the right to reject any operation made by credit card. In this case we will proceed to reimburse the cash back to the original card.
Paypal account: is the global leader in online payments and basically it is a secure payment system in which the user opens an account in the system that later allows him/her to make payments in a multitude of online stores around the world, using his/her credit or debit card. Paypal will be the only one that will have the banking data of the Client being an intermediary between the Client and
CASA MIRA . This form of payment is immediate, at the moment the Client makes the payment, CASA MIRA receives it and begins to process the order (after verifying that the data are correct). To register or obtain more information visit www.paypal.es, Paypal site for Spain. These links are external and link to pages with their own conditions of use and/or privacy.
Neither the delivery nor the purchase of the product to be acquired through the web page will be made if the requested product has not been previously paid for.
12. Modes and terms of shipment of the product
Products are shipped to the shipping address indicated by the customer/user in the order.
In the case of placing an order for several items with different availabilities, the shipping time will take into account the longest expected delivery. In exceptional cases,
CASA MIRA will not send any product until it has been verified that the payment has been made.
Estimated delivery time is 1-6 working days.
13. Returns, exchanges and cancellations of the order.
Return
When you place an order online, CASA MIRA allows you to make change the purchased product or return it, within 7 calendar days, being perennial products, counting from the date of receipt. The customer / user may return the products within 7 calendar days, after this period will not proceed to the return or exchange of the product. (nougat, marron glase, pine nut cake, guirlache bar, Jijona yolks, imperial cake, Jijona glorias, walnut yolks, imperiales, eels, candied fruit, polvorones, peladillas and pine nuts, marzipan figurines).
The merchandise you have requested in your order has been checked by the corresponding manufacturer for quality and condition.
At the time of delivery, make sure that the package received is externally in good condition, completely closed and without signs of tampering. Otherwise, note this fact in the delivery note of the carrier, reject the shipment and notify CASA MIRA in writing or by e-mail at info@casamira.es as soon as possible.
In case of disagreement for any reason with the product received, and to proceed to the return of the product and its subsequent exchange, in accordance with the provisions of Article 119 Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the right to replace the product is recognized.
By company policy, CASA MIRA does not proceed to pick up the product that wishes to be exchanged or returned, because it is a perennial consumer good, which for reasons of hygiene and health cannot be sold again, for this reason it does not proceed to pick it up nor does the consumer/user/customer proceed to return it by sending it.
The customer should send an e-mail to the following e-mail addresses info@casamira.es/ pedido@casamira.es, where he/she should attach:
- Explanation of the product’s condition (product has a lack of conformity).
- Attach the purchase invoice or proof of purchase.
- Product photography.
CASA MIRA, within 7 calendar days, will proceed to reply to the e-mail. Once the case is analyzed and we see that the product is not in accordance with the established, is not in good condition, defects in the packaging, there is a defect in the production and ingredients, does not have a good taste, we will proceed to change the product.
No returns will be accepted if they do not comply with the above conditions.
The company undertakes to refund the amount paid by the customer in the event that the product purchased is previously described.
The refund will be made using the same payment method used by the customer.
The total liability of CASA MIRA, for any concept, will not exceed, in any case, the total value of the defective merchandise supplied. CASA MIRA will not be, in any case, outside the provisions of this clause, liable for any damages, especially for loss of profit, or damages for expected results, delay or loss of production. The indemnities provided for in this clause shall exclude any other indemnity for defects or faults of quality or quantity.
CASA MIRA is responsible for providing at the time of the sale of the product the necessary documentation to manage any type of incident.
Product changeover:
On its part, CASA MIRA will not be able to substitute the product without prior consultation with the Client. If, for reasons beyond the control of CASA MIRA, the supply of the order is not possible, the Client will be offered the possibility of exchanging it for a substitute product of similar characteristics, giving the Client the right to cancel the order.
Cancellation of the order:
To proceed with the cancellation of the order, the customer/user must do so within 24 hours, by sending an email to info@casamira.es o by calling 914 296 796 / 914 29 88 95, indicating the order number.
In case of cancellation of an order once it has been confirmed and shipped, the Customer shall be responsible for the transportation and processing costs incurred.
14. Right of withdrawal.
In accordance with the provisions of Article 102 of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, establishes that the consumer and user may exercise the right to withdraw from the contract during the period of 14 calendar days. period of 14 calendar days without giving any reason, incurring the costs described in articles 107.2 and 108 of the aforementioned legal precept. The legal term will expire after 14 calendar days, since the user/consumer acquired possession of the goods purchased through the purchase through the website.
-How to exercise the right of withdrawal.
To exercise the right of withdrawal you must notify CASA MIRA in writing of your decision to rescind the right of withdrawal by writing to CASA MIRA, located at or by e-mail at info@casamira.es.
To comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right on your part is sent before the expiration of the indicated period of 14 calendar days. The user/customer, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express his/her intention to withdraw from the purchase contract. Remember that the communication must be made and sent within the legally conferred deadline.
-Consequences of withdrawal.
In case of cancellation on your part, all payments received will be refunded without any undue delay and, in any case, no later than 14 calendar days from the date of receipt of the returned goods at CASA MIRA’s facilities.
The refund will be made using the same means of payment used for the transaction, unless you have expressly agreed otherwise.
Such reimbursement will be made upon receipt of the communication from the user within 14 calendar days, the reimbursement will be made without any delay.
Please follow the Product Return Instructions in this document.
As indicated in Article 103, paragraphs d) and g) of Legislative Royal Decree 1/2007 of November 16, 2007, the right of withdrawal may not be exercised with respect to those goods that may deteriorate or expire rapidly, whose price has been agreed at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
The return costs arising from the exercise of the right of withdrawal shall be borne by the buyer.
Cancellation form
15. Product warranty.
- The company guarantees that the products purchased in its e-commerce store comply with the quality standards established in the current legislation.
- The warranty does not cover damages caused by improper use of the products, as well as damages caused by transportation.
- The warranty extends to manufacturing and production defects, defect of ingredients/components of the products offered in our store.
- In the event that a product presents a manufacturing defect, the return shipping costs shall be borne by the company.
- If the product received has a manufacturing defect, the store offers the option to return and refund the product.
In the case of fungible products, such as foodstuffs, the guarantee set forth in article 120 TRLGDCU does not apply.
16. Customer/buyer service.
You can contact Casa Mira by sending an email to info@casamira.es. I also inform you that in case you file a complaint or claim through this channel and you are not satisfied with the solution I provide, if you wish, you can go to the Consumer Department of the Community of Madrid.
17. Notifications.
All notices, summons, requests and other communications to be made by the parties in connection with these General Conditions shall be in writing and shall be deemed to have been duly given when they have been delivered by hand or sent by ordinary mail to the address or e-mail address of the other party, or to any other address or e-mail address that each party may indicate to the other party for this purpose.
18. Nullity and inefficiency of the clauses.
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
19. Extracontractual dispute resolution.
Following the guidelines set by Law 7/2017 of November 2, which transposes into Spanish law the Directive of 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
The new regulations require that in the event of a dispute between a consumer and an entrepreneur (Article 3 of the aforementioned Law), it can be resolved by means of an out-of-court procedure before the competent regional body (Article 26 of the aforementioned Law). The purpose of this law is to ensure that consumers residing in the European Union have access to mechanisms for resolving consumer disputes.
Community of Madrid, Department of Consumer Affairs: Departamento de Consumo, the user/consumer can proceed to make the claim by clicking on the following link.
https://www.comunidad.madrid/servicios/consumo
European Union: The user/consumer can also access via digital platform, for alternative dispute resolution, by accessing via the following link.
20. Applicable legislation.
The sales and purchases made in CASA MIRA are subject to Spanish legislation.
These General Terms and Conditions are subject, among others, to the following regulations:
- Law 7/1996, of January 15, 1996 on Retail Trade Management (“LOCM”).
- Law 7/1998, of April 13, 1998, on General Contracting Conditions (“LCGC”).
- Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (“TRLGDCU”).
- Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (“LSSICE”).
- Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”).
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- Law 7/2017, of November 2, transposing into Spanish law the Directive of 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters.
Applicable jurisdiction.
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, if applicable, will hear the matter, shall be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party is taken into account.