TERMS AND CONDITIONS OF CONTRACT

This agreement regulates the general conditions of purchase of the various products and services offered on this website by MIO INTERIORS, S.L.U. ( from now on MIO INTERIORS) with NIF no. B65741324 and address at Paseo Maragall, 13, (25001) Barcelona (SPAIN).

The CLIENT, when completing the registration process and purchasing any of our products, accepts and expressly submits to the clauses specified below, as well as the conditions of access and use of our website and its privacy policy, accessible through the links "Legal Notices" and "Privacy Policy".

The CLIENT acknowledges that he/she has sufficient legal capacity to be contractually bound.

This contract is permanently accessible in the legal notices on our website.

1. PRICES AND TAXES

In consideration for the product purchased, the CLIENT expressly agrees to pay MIO INTERIORS the amounts specified at the time of purchase in the list of prices established on the website www.tapadelwater.com for the products chosen.

The products offered on this website are subject to Value Added Tax (VAT) which IS INCLUDED in the prices detailed for each product.

The delivery of the articles will be understood to be located in the territory of application of VAT if the delivery address is located in Spanish territory. The applicable VAT rate will be that which is legally in force at any given time depending on the specific article in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

In the case of deliveries to European Union countries, Spanish VAT will be deducted and the VAT rate corresponding to the country of destination will be applied.

VAT will not be applied to deliveries to countries outside the EU. However, these orders may be subject to import and/or customs duties, depending on the regulations of each country.

In the case of import and/or customs duties, these shall be borne by the recipient. These costs may vary depending on the country of destination, so that, in most cases, the costs cannot be estimated prior to delivery.

Transport costs are NOT included in the price of the products.

Before proceeding to pay for the product, the final price of the purchase will appear on the screen, which will include VAT (Value Added Tax) and the handling, packaging and shipping costs, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.

Anything that is not specified in the description as included is not included.

2. PURCHASING PROCEDURE

Orders may only be placed via this website by individuals over 14 years of age and companies.

All our products are listed individually on the website. The procedure to make and manage the purchase is indicated on the website and only the following steps must be followed:

a. Choose the product you wish to purchase.

b. When you select a product, it can be added to the Shopping Cart and you can choose to continue shopping or to process the order.

c. To process the order you will have to fill in a form with your personal details to formalise the purchase procedure.

d. Next, the order will be verified, where the selected articles are detailed one by one and the total price is calculated.

e. It will also be necessary to indicate the billing and delivery addresses for the purchase made. It will be possible to indicate a single address for invoicing and delivery.

f. Once the process has been processed, it will be necessary to check a box to verify that the terms and conditions of sale have been read and accepted.

g. The website will provide you with the mechanisms for payment depending on the system chosen in each case.

h.  Once the payment details have been entered, you must confirm the order by clicking on the "Buy" button.

i. Once the "Buy" button has been clicked, the product will be delivered.

The CUSTOMER is informed that the photographs of the products published as samples on the website may differ, not substantially, from the delivered product, as the colours or shapes may be perceived differently by each consumer due to multiple variables, such as the devices with which the products are viewed or environmental conditions such as light. However, these or other variables will never alter the characteristics of the products, which will be those described on the website and, in any case, the CUSTOMER may choose to withdraw from the purchase as indicated in these conditions.

3. AVAILABILITY AND DELIVERY

The products offered by MIO INTERIORS are available for distribution anywhere in the world.

Orders will be processed once payment has been correctly received.

The products offered by MIO INTERIORS will always be subject to availability, which will be specifically indicated on our website for each product. Therefore, in the event that an article offered is not available, the client will be duly informed of the lack of availability for the purchase. Under normal conditions, all the products that appear on our website are available for delivery within the indicated deadlines.

In cases where, once the order has been placed, the product contracted by the CUSTOMER is out of stock, the CUSTOMER will be duly informed of this and will be offered an alternative product with similar characteristics of the same price and quality as the one purchased. If, even so, the CLIENT is not interested in accepting the proposed alternative, MIO INTERIORS will proceed to refund the amount already paid and will inform the CLIENT of the procedures and deadlines for reimbursement.

In the case of personalised products, the maximum delivery time to your home will be 30 days from the time of purchase and from the time we have confirmed your payment. For all other products, the maximum delivery time will be between 25 and 30 days from the time of purchase and from the time we have confirmed your payment.

These delivery times are approximate and in no way binding for MIO INTERIORS.

Deliveries will be made on working days (Monday to Friday). It is recommended that the CUSTOMER communicates their time preferences for delivery when filling in the order details in the Comments section.

The delivery of the product purchased at home will be made by the carrier together with a delivery note at the address indicated in the order form, which the customer must sign as a document of receipt. Likewise, the CUSTOMER will be duly informed in the event of an incident occurring or the delivery being delayed for any reason.  

If delivery is not possible at the address indicated due to the absence of the addressee, the carrier will contact the CUSTOMER directly to arrange either a delivery time or the collection of the package at the corresponding branch, indicating, in any case, the steps to be followed. After the deadline, if the order has not been collected, it will be returned to our warehouse and an email will be sent indicating how the delivery will finally be made. In the latter case, shipping costs will be borne by the CUSTOMER. 

In the event that the impossibility of delivery is caused by having entered the wrong address, the cost of re-delivery of the order shall be borne by the CUSTOMER.

In order to keep you informed of the progress of your purchase at all times, you will receive an e-mail notification of the confirmation of your order and payment. 

4. PAYMENT AND PAYMENT PERIODS

The following forms of payment are accepted:

- Credit Card: The transaction is made by connecting directly with the Bankinter bank through its payment gateway.

- Paypal: Connecting directly with Paypal.

- Bank transfer: making a deposit of the total amount of the purchase in the current account indicated.

Once the payment has been made, you will receive a confirmation email.

MIO INTERIORS has no knowledge of your credit card details. All our payment systems are totally secure.

Payments are made prior to the delivery of the product or service, so MIO INTERIORS will not provide the requested product until it has received payment for it. MIO INTERIORS reserves the right to temporarily or definitively cancel the services provided, in the event of any incident regarding the payment of the same.

5. INVOICES

When you make the corresponding payment, you will be able to download the invoice in PDF format. If you do not download it at that time, you can also request it later and we will send it to the e-mail address you have indicated for this purpose at the time of processing the order.

The CLIENT is responsible for confirming receipt of the notifications and for informing us of any changes to their details, and MIO INTERIORS is exonerated from any liability arising from this circumstance.

6. GUARANTEE

All our products are subject to quality controls and are guaranteed against production defects for a period of 3 years from the date of purchase. The guarantee covers any manufacturing, design or material defect, although it will be necessary for the lack of conformity to be revealed within two months of becoming aware of it. 

The warranty only covers defective products. It does not cover knocks, improper use, or others that are not attributable to a defect of the supplier or a defect in the product. 

During the warranty period, the CUSTOMER may return the product and we will proceed to repair, replace, reduce the price or terminate the contract as appropriate, which will be free of charge for the CUSTOMER. The transport costs generated by returns under warranty will NOT be borne by the CUSTOMER. 

The warranty document is the purchase invoice.

7. RETURNS

The following conditions for returning our products do not apply in the case of exercising the right of withdrawal.

We will only accept exchanges of products due to transport damage such as breakage or scratches, provided that the customer notifies us within 48 hours. The transport agencies only allow this period to notify this type of negligence. After this time, it will not be possible to accept claims for transport damage.

The custumer has the right to return the product within a period not exceeding 14 days as long as it is in its original box, sealed and in perfect condition.

Returns or exchanges of products due to errors in orders, manufacturing or packaging anomalies will only be accepted if tapadelwater.com is previously notified. If the error was produced by the customer, he/she will have to pay the cost of the return postage and the new shipment. If the error is on the part of Tapadelwater.com this one, will assume all the expenses of collection and new shipment of the correct product. The exchange or refund will only be made if the product to be returned or exchanged is in its original box and in perfect condition.

In the event of not being able to include all the accessories or original packaging, the CUSTOMER shall be liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. 

It shall be verified prior to acceptance that it is a manufacturing or packaging defect or anomaly and not due to improper or negligent use, handling or storage. They shall always be accompanied by the corresponding delivery note or invoice.

Both in the case of return due to a manufacturing or packaging defect and in the case of an error in the order, the CUSTOMER will be offered, if possible, the repair of the part or its replacement by another alternative at no additional cost and without the right, on the part of the CUSTOMER, to any type of compensation. The costs incurred in sending the repaired or correct order will be borne by MIO INTERIORS.

In any case, the return will always be subject to prior examination by MIO INTERIORS of the condition of the product being returned and verification that the requirements of these conditions of sale have been met. Once the return has been received, and if applicable, we will reimburse the amount charged within a maximum period of 30 days and under the same terms used to make the payment.

MIO INTERIORS reserves the right to refuse returns communicated or sent after the deadline or products that are not in the same condition in which they were received.

Returns will be managed by sending an email to info@tapadelwater.com with a description of the reasons and the reasons given for the return. It will also be necessary to indicate the name and surname and the reference number of the order. Once the request has been received, we will process it in due course.

8. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 calendar days without giving any reason.

The withdrawal period shall expire 14 calendar days after the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the goods.

IMPORTANT: Due to the characteristics and nature of the product, the right of withdrawal shall not apply to contracts that refer to the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, in accordance with article 103 point e) of Royal Legislative Decree 1/2007, of 16 November, on the Defence of Consumers and Users. Furthermore, in cases where the product is designed and made to measure (customised) and in accordance with article 103 point c of Royal Legislative Decree 1/2007, of 16 November, on the Defence of Consumers and Users, the right of withdrawal shall not be applicable to this contract either.

To exercise the right of withdrawal, you must notify MIO INTERIORS, S.L.U. Paseo Maragall, nº13, 25001, Barcelona, telephone 630 23 86 90, e-mail: info@tapadelwater.com, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form below, although its use is not compulsory.

Model withdrawal form

For the attention of 

MIO INTERIORS, S.L.U.

Paseo Maragall 13 

08026 Barcelona

info@tapadelwater.com

I hereby inform you that I withdraw from my contract of sale of the following property:

Received/Ordered on:

Name of consumer:

Consumer's signature

Date

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

Consequences of withdrawal:

In the event of withdrawal by you, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of the reimbursement.

The CUSTOMER will bear the direct costs of returning the goods, so the cost of collection will be deducted from the refund, except in the case where the reason is defective quality, damage caused in transport/delivery or there has been an error in the shipment on our part (these cases will be processed as manufacturer's warranty or return depending on the case, and the transport costs generated will never be borne by the CUSTOMER). 

We will proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any costs as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back, or until you have provided proof of return of the goods, whichever is the earliest.

You must return the goods to us at MIO INTERIORS, S.L.U., Paseo Maragall, nº 13, 08016 (Barcelona), without undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before this period has expired.

Il CLIENTE sarà responsabile solo della diminuzione del valore dei beni risultante da una manipolazione diversa da quella necessaria per stabilire la natura, le caratteristiche e il funzionamento dei beni.  

Se il CLIENTE richiede che ci occupiamo della gestione della restituzione dei beni, il prezzo di tale restituzione sarà dedotto dalle spese di restituzione al CLIENTE. L'importo della gestione sarà identico alle spese di spedizione dei prodotti offerti su questo sito, che possono variare a seconda del tipo di ordine (peso/volume) e del luogo di destinazione. Il CLIENTE può richiedere ulteriori informazioni sul proprio caso specifico contattando info@tapadelwater.com.     

9. PERFEZIONAMENTO DEL CONTRATTO E MODIFICHE DEI SERVIZI

Il presente contratto si perfeziona con il pagamento del prodotto.

MIO INTERIORS si riserva il diritto di modificare in qualsiasi modo le caratteristiche e le condizioni dei propri servizi, sempre nell'ottica di un loro miglioramento e a vantaggio del CLIENTE.

10. OBLIGATIONS OF THE PARTIES

MIO INTERIORS is committed to providing the CLIENT with the products and services that have been contracted, applying the utmost diligence in the provision of the service, as well as taking care of the maintenance of the facilities necessary for the operation of the network, having a technical team for this purpose. and adequate computer technology, and to manage the logistics, shipping and delivery operations of the purchase made through the carrier.

The CUSTOMER undertakes to use the services made available to him in good faith, without violating current laws on any matter or infringing the rights of third parties, as well as to pay for the selected product in the time and manner established in these conditions. of sale and upon receipt at the place indicated for delivery.

MIO INTERIORS does not guarantee that the availability of the service that is the subject of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Therefore, the CLIENT agrees to bear these circumstances within reasonable limits, and therefore expressly renounces claiming from MIO INTERIORS any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.

11. COMMUNICATIONS

All notifications between the parties will preferably be made via email. The CLIENT is responsible for confirming receipt of the notifications and for informing MIO INTERIORS of any modification to their data, which is exonerated from any liability arising from this circumstance. In case of modification, the CLIENT must inform MIO INTERIORS at the e-mail or telephone numbers indicated on our website.

In compliance with article 21 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that our commercial shipments and information related to our website and the products offered on it will be made by email to the e-mail address that you provide us, always revocable. In any case, you have the option to reject our commercial communications by sending an email to the address info@tapadelwater.com indicating the word UNSUBSCRIBE in the subject.

12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT

The CLIENT acknowledges having read and accepted the legal conditions of use and the privacy policy of the website.

The CUSTOMER acknowledges that he has understood all the information regarding the products and services, including, where applicable, delivery, offered on our website, as well as all the conditions and stipulations included in this electronic contract, for which he affirms that are sufficient to exclude the error in the consent of this contract and, therefore, you accept them fully and expressly.

The CUSTOMER is fully aware that the acceptance and execution of this contract will take place by providing their data and clicking the “Buy” button indicated on our website and that it will be completed with payment for the service.

13. APPLICABLE REGULATIONS

This contract has a commercial nature, and will be governed and interpreted in accordance with Spanish laws.

In the event that any type of discrepancy or difference occurs between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties will submit to the courts or tribunals that are competent in each case. .

Likewise, we make available to our clients the following access link to the official online dispute resolution platform of the European Commission.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES  

14. PERSONAL DATA

See Política de Privacidad.

ATTENTION: These General Purchase Conditions have been updated on 9/10/2022. At any time we can proceed to modify it, as well as vary the relationship between the prices and products offered. Please check the issue date each time you connect to our website so you can be sure that no changes have been made that affect you.

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