Terms and Conditions
General Terms and Conditions of Sale
The present General Terms and Conditions of Sale (hereinafter, the “Terms and Conditions”) govern the purchase and sale of the products marketed by SARDINHA ARTESANATO, S.L. (hereinafter, “MIRAMIRA”) through its website https://miramirajewelry.com/ (hereinafter, the “Website”).
The details of MIRAMIRA are as follows:
Business name: SARDINHA ARTESANATO, S.L.
Registered office: Paseo de la Castellana 259C Planta C Sur, 28046 Madrid, Spain
Tax ID number: B-90.357.534
Email: rrhh@mira-mira.es
Commercial Register: Registered in the Madrid Commercial Register, with entry number 1/2023/164.182,0, daily 3383, entry 194, in volume 42107, page 177, registration 5 with sheet M-745524, of SARDINHA DE ARTESANATO SL.
This Website, created and maintained by MIRAMIRA, is primarily intended for the commercialization and sale of handcrafted jewelry and accessories (hereinafter, the “Products”).
The conditions in effect are those published at the time the Customer accesses MIRAMIRA’s Platform.
If any provision of these Terms and Conditions is declared unenforceable or invalid, such provision will be limited or removed to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect and are mandatory.
MIRAMIRA may remove, modify, or replace the contents of this document at any time, by publishing or sending a notification via the Platform or by email, without the Customer having the right to claim any compensation.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1. By registering and/or using the Platform, the Customer and/or Franchisee (hereinafter, the “Customer”) accepts and agrees to comply with all the Terms and Conditions set forth. Any Customer has the option to register or use the Platform, as long as they accept the Terms and Conditions, as well as all other policies and principles governing the operation of the Platform and outlined below.
1.2. By accepting the Terms and Conditions, Customers agree to always act in accordance with the provisions established in this legal document and the corresponding regulations. In the event of total or partial disagreement with these Terms and Conditions, Customers must refrain from installing and using the Platform.
1.3. The service provided on this Platform is subject to: (i) these General Terms and Conditions; (ii) Particular Conditions that may be published on the Platform and that may replace, supplement, and/or modify these Terms and Conditions; (iii) applicable laws, industry regulations, and general criteria and practices.
1.4. MIRAMIRA reserves the right to modify the presentation, configuration, and content of the Platform, as well as the conditions necessary for its access and/or use. Access to and use of the content and services after the entry into force of such modifications or changes in the conditions implies acceptance of them.
2. USE OF THE PLATFORM
2.1. To be a Customer and bind themselves contractually, the Customer declares that they have the legal capacity necessary to enter into a contract.
2.2. The Terms and Conditions, as well as the Privacy Policies and any other information related to the Platform, are applicable to all Customers from the initial moment of their access to it. These Terms and Conditions are mandatory, binding, and extend to all activities performed on the Platform.
2.3. The Customer is responsible for ensuring that all persons who access the Platform through their internet connection are informed about the Terms and Conditions and comply with them.
2.4. The Customer states that their involvement and/or association through the Platform does not create any type of employment relationship with MIRAMIRA.
2.5. The Customer has the power to access all necessary information related to the Platform through it.
2.6. The Customer also agrees to refrain from using the Platform for illegal purposes or for purposes contrary to those established in the Terms and Conditions.
3. REGISTRATION TO THE PLATFORM
3.1. Registration on the Platform: The Customer may access the services of the Platform by registering through an online form that must be completed with the required details.
3.2. Truthfulness of the Information: The Customer guarantees that the information provided upon registration is accurate and complete.
3.3. Registration Process: To register on the Platform, the Customer must create an account by providing their email address, tax identification number, Company/Autonomous name, tax identity, and other data. MIRAMIRA will then contact the Customer to complete the registration process.
3.4. Identification of Customers: MIRAMIRA cannot guarantee the identity of the Customers and does not assume responsibility for misuse of the registered Customer by third parties.
3.5. Legal Authorizations: The Customer declares that they have the necessary authorizations according to applicable laws to offer their services through the Platform.
3.6. Password Responsibility: The Customer is responsible for safeguarding their access password and notifying any unauthorized use.
3.7. Use of Password: Access and use of the Platform with the Customer's password is considered to be done by that Customer.
3.8. MIRAMIRA’s Right: MIRAMIRA reserves the right to reject registration requests or cancel previously accepted registrations without the need to communicate reasons, without generating any right to compensation.
4. PRICING POLICIES
4.1. All prices for the Products listed on the Website are expressed in the local currency of the territory and include VAT or any other equivalent indirect tax or that replaces it, and other taxes that may apply.
4.2. In terms of payment, the Customer may pay the corresponding amount for their order using the payment methods accepted on the Website.
4.3. Once payment is made, MIRAMIRA will send an email to the Customer confirming the details of the purchase. This email will assign a reference code for the purchase and include the invoice or corresponding proof once the order has been formalized, i.e., after the acceptance of these Terms and Conditions and the corresponding payment.
4.4. MIRAMIRA guarantees that the payment process is performed with absolute security, in accordance with the security protocols and services required by applicable national and European regulations.
4.5. The Customer must notify MIRAMIRA of any unauthorized or fraudulent charge on the card used for purchases, by sending an email to the following email address: rrhh@mira-mira.es, as soon as possible so that MIRAMIRA can take the necessary steps regarding the specific issue.
4.6. The minimum order is €200. For gold-plated and silver-colored products, they must be purchased in multiples of 3 units. Quick Shop and displays can be purchased individually.
4.7. Prices for the products do not include VAT. The VAT amount will be added to the total purchase during the payment process.
4.8. Shipping costs are not included in the product price and will be added to the total purchase during the payment process.
5. ORDERS
5.1. MIRAMIRA ships internationally, ensuring an agile and efficient process. Orders are prepared within 24 to 48 business hours from purchase confirmation, as long as they are placed before 3:00 p.m. If this is not possible, the Customer Service team will notify the Customer and provide an estimated delivery date.
Transit time varies depending on the Customer's location and product availability. This information will be provided when the purchase is accepted. Once the order leaves our warehouses, a confirmation email with a tracking link will be sent to the Customer. The Customer can track their order using the provided tracking number.
In case of delivery issues, the shipping company will contact the Customer to schedule a new delivery. If the shipping address needs to be changed after the purchase confirmation, it must be notified immediately. Once the purchase has left our warehouse, we cannot modify the shipping information for that order. For logistical reasons, we do not ship to P.O. Boxes.
For any inquiries or requests, please contact us at rrhh@mira-mira.es.
5.2. Shipping Costs
For all shipments, including those within the Peninsula, specific costs will apply and will be detailed and confirmed at the time of purchase, depending on the Customer's location and current policies.
Additionally, Customers are informed that all costs and expenses derived from international orders, including but not limited to transport costs, duties, taxes, or other applicable customs fees, will be borne by the Customer. These costs will be clearly specified when applicable, ensuring transparency in the purchasing process. Shipping costs will be the one stated at the time of payment.
5.3. Product Delivery
Our commitment is to deliver the Products in perfect condition to the delivery address provided during the purchase process. At all times, we will offer information to allow tracking of the order and the delivery time.
5.4. For shipments outside Europe, customers are responsible for paying any customs duties, taxes, or tariffs imposed by the authorities in their country. These charges are not included in the total order cost and may vary depending on the destination and the contents of the shipment. For any questions regarding international shipments, customers can contact our team via email at customerservice@mira-mira.es.
6. RETURN POLICY
6.1. Products purchased from MIRAMIRA can be returned within 30 calendar days from their receipt, provided that they are in perfect condition, without signs of use, and in their original packaging.
6.2. Conditions for returns:
- Personalized or custom-made products: Returns are not accepted for hygiene or personalization reasons.
- Earrings and unsealed items: Returns are not accepted for earrings or other items that have been opened.
- Manufacturing defects: Returns will be accepted for products with manufacturing defects (e.g., fallen pearls) as long as they are reported within the established timeframe and meet the general requirements.
6.3. Return Procedure:
- Franchisees: Franchisees must inform their Account Manager about defective or damaged products, who will coordinate the collection. A detailed list (e.g., Excel) with the SKUs and corresponding invoice number must be provided within 30 days of receiving the goods. MIRAMIRA will remove damaged goods every 90 days from the franchise store.
- B2B Customers: B2B customers must notify defective or damaged products to the Customer Service department, providing a detailed list (e.g., Excel) with the SKUs and corresponding invoice number within 30 days.
6.4. Refund:
- No cash refunds will be issued.
- The refund will be processed by MIRAMIRA’s Finance department in accordance with the information provided.
7. LICENSE OF USE AND CONTENT
7.1. MIRAMIRA grants the Customer access according to a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license. The use of the MIRAMIRA Platform will at all times be personal and in accordance with these Terms and Conditions.
7.2. By using the Platform, the Customer agrees and understands that MIRAMIRA may retain their content for as long as necessary to fulfill the purposes for which it was collected.
7.3. MIRAMIRA will not be responsible to third parties for the content or accuracy of any content submitted by Customers. MIRAMIRA reserves the right to remove any content or advertisement submitted via the Platform at its sole discretion.
7.4. MIRAMIRA has the right to investigate and report any of the aforementioned behaviors in accordance with the law, as well as to cooperate with authorities in the investigation of such actions.
8. INFORMATION ABOUT MIRAMIRA PRODUCTS
MIRAMIRA products, including jewelry and accessories, are designed to meet high standards of quality and aesthetics. All products offered through the Website strictly comply with current safety and quality regulations.
It is important to note that due to the individual characteristics of the materials used, slight variations in the finish, color, or texture of the products may occur. These variations are not considered defects but are part of their handcrafted nature.
MIRAMIRA strives to ensure that the descriptions, images, and features of the products accurately reflect their design and quality, although slight differences may occur due to screen resolution or individual device settings.
If you have any questions or need more information about the products, we invite you to contact our customer service team via email at rrhh@mira-mira.es, where we will be happy to assist you.
9. CUSTOMER SERVICE
9.1. MIRAMIRA offers the following free customer service channels for communication of suggestions, doubts, or any issues, complaints, or claims related to the purchase of goods and services through the Website, 24/7:
- Email: customerservice@mira-mira.es
- Customer Service phone: +34 692 095 459
10. CUSTOMER OBLIGATIONS
10.1. If the Customer becomes aware of any illegal content, unlawful activity, or content that may infringe intellectual and/or industrial property rights, they must notify MIRAMIRA immediately so that appropriate measures can be taken. The use of the Platform for purposes other than those outlined in these Terms and Conditions is expressly prohibited. Therefore, MIRAMIRA is not responsible for inappropriate use or manipulation of the Platform.
10.2. The Platform may provide access to numerous texts, graphics, drawings, designs, codes, software, photographs, images, expressions, and information belonging to MIRAMIRA or third parties that the Customer may have access to. The Customer assumes responsibility for the use of the Platform and agrees to use the information or content accessed through the Platform lawfully, diligently, honestly, and correctly, always under the principles of good faith and in compliance with the law and these Terms and Conditions.
10.3. By way of example, but not limited to, Customers must refrain from:
- i. Registering or communicating data that is not true, accurate, complete, and/or up to date, nor accessing the Platform using the name, identifying data, or access keys of another Customer or impersonating any person or identity. The Customer is also responsible for notifying MIRAMIRA of any modification and/or variation of any data communicated to MIRAMIRA.
- ii. Causing damage or harm maliciously or intentionally that may diminish or alter the Platform, nor introducing or spreading viruses that may produce unauthorized alterations to the Platform's contents or systems. The Customer should not scan or test the vulnerability of any system or network of MIRAMIRA, nor breach any security or authentication measure, nor attempt to decipher or disassemble the software used by MIRAMIRA to offer services through the Platform.
- iii. Using the Platform for fraudulent purposes or related to criminal activities or illegal activities of any kind.
- iv. Reproducing, copying, distributing, transforming, or modifying the information and content hosted on the Platform, unless authorized by the holder of the corresponding rights.
- v. Using the Platform to send, use, or reuse material containing illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, or threatening information of any kind, or that constitutes an infringement of copyrights, trademarks, or confidentiality, privacy, or any other rights, or is otherwise injurious or objectionable to third parties, or contains computer viruses, political propaganda, advertising content, and in general, any type of unnecessary nuisance or inconvenience.
- vi. Downloading, sending, or distributing content or applications that may violate any current legislation or infringe any rights of any party.
- vii. Promoting or encouraging third parties to engage in any of the aforementioned practices or contribute to them.
- viii. Sending and/or uploading:
- Defamatory material about any person.
- Any obscene, offensive, or defamatory material.
- Any sexually explicit material.
- Any material that promotes violence.
- Any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Any copyright, database rights, or trademark of another person.
- The privacy rights of any other person.
- Another person's personal data, unless it is ensured that the person has consented to be bound by these Terms and Conditions.
- Any material promoting any illegal activity.
- Threats, abuse, or invasion of another person’s privacy.
- Content that causes unnecessary discomfort, inconvenience, or anxiety.
- Harassment, annoyance, or content that embarrasses, alarms, or bothers any other person.
- Content that impersonates another person.
11. RESPONSIBILITIES AND WARRANTIES OF MIRAMIRA
11.1. MIRAMIRA is not responsible for the information, files, or any other content uploaded by Customers and/or Clients, nor does it validate the content that Customers choose to submit, so MIRAMIRA will not be responsible, directly or indirectly, for any damages arising from communications or content included in the Platform.
11.2. By way of example, MIRAMIRA is not responsible for:
- The satisfaction of the Customer’s personal needs or demands concerning the resources provided by the Platform.
- Direct or indirect damages and/or intangible damages, including personal injuries suffered as a result of improper use of the Platform.
- Loss of reputation, image, or data that may occur during the use of the Platform.
- Lack of availability, maintenance, and effective operation of the Platform, excluding, to the maximum extent permitted by applicable law, any responsibility for damages resulting from the lack of availability or continuity of the Platform's operation.
- Any defect, error, or operational issue with the Platform.
11.3. Therefore, MIRAMIRA does not guarantee that the use Customers may make of the contents and services available on the Platform will comply with these Terms and Conditions or that it will be done diligently. MIRAMIRA cannot guarantee the identity of any other Customer of the Platform.
11.4. MIRAMIRA reserves the right to admit or exclude access to its Platform at its sole discretion. Specifically, any Customer who does not comply with the rules contained in these Terms and Conditions or engages in improper use of the Platform may be excluded.
11.5. MIRAMIRA reserves the right to (i) remove, suspend, edit, or modify the content of the Platform at its sole discretion, at any time, without prior notice and for any reason, and (ii) remove, suspend, or block any use the Customer makes of the Platform.
11.6. MIRAMIRA also reserves the right to read, preserve, reveal, and access any information it reasonably deems necessary to (i) comply with applicable laws or any judicial or governmental request, (ii) enforce these Terms and Conditions, including investigating potential violations, (iii) detect, prevent or manage fraud, security, or technical issues, (iv) respond to Customer support requests, or (v) protect the rights, property, or safety of MIRAMIRA and its Customers.
11.7. However, MIRAMIRA declares that it has adopted all necessary measures, within its possibilities and the state of technology, to ensure the functioning of the Platform and avoid the existence and transmission of viruses and other harmful components to Customers.
11.8. MIRAMIRA will not be responsible for the supply of goods or the provision of services in relation to, without limitation, (i) the quality, quantity, or characteristics of the distributed goods; (ii) any direct or indirect damage or harm to you or any third party, resulting from the supply and provision of the goods and services, respectively; (iii) any loss or damage suffered by the goods.
11.9. MIRAMIRA will only be responsible for those damages directly attributable to it, through intent or negligence, when the Supplier is a third party, and thus a direct relationship between you and the Supplier is established, with MIRAMIRA being unrelated.
12. SUSPENSION AND CANCELLATION OF SERVICES
12.1. MIRAMIRA may temporarily suspend, without prior notice, access to the Platform for maintenance, repair, update, or improvement operations.
12.2. Specifically, MIRAMIRA reserves the right to delete, limit, or block access to its Platform when technical difficulties arise due to events or circumstances beyond MIRAMIRA’s control that, in its opinion, reduce or nullify the standard security levels adopted for the proper functioning of the Platform.
12.3. MIRAMIRA is not responsible for the lack of availability, maintenance, or effective functioning of the Platform, excluding, to the maximum extent permitted by applicable law, any responsibility for damages resulting from the lack of availability or continuity of the Platform's operation.
12.4. MIRAMIRA also does not assume responsibility for the cancellation or suspension of services on the Platform for causes beyond its control. In any case, MIRAMIRA is committed to solving any issues that may arise and offering all the necessary support to the Customer to reach a fast and satisfactory resolution.
12.5. MIRAMIRA is not responsible for cases of force majeure, understood as events such as the failure, suspension, or interruption of services or the use of the Platform due to network blockages, actions or omissions by third parties, or any other causes or circumstances independent of MIRAMIRA's will that prevent the normal use of the Platform.
12.6. The Application may contain hyperlinks allowing the Customer to access third-party platforms or websites. MIRAMIRA is not responsible for the content, information, or services that may appear on these platforms, which are understood to be offered solely for informational purposes by MIRAMIRA, and in no case imply any relationship, acceptance, or endorsement between MIRAMIRA and the individuals or entities owning such content or sites.
12.7. In such cases, MIRAMIRA will not be responsible for establishing the General and Specific Terms and Conditions to be followed in the use, provision, or contracting of services by third parties, and therefore cannot be considered responsible for them.
12.8. MIRAMIRA does not have the human or technical means to know, control, or approve all the information, content, products, or services provided by other websites to which links may be established from the Platform. Therefore, MIRAMIRA cannot assume any responsibility for any aspect related to websites to which links may be established from the Platform, including, by way of example and not limitation, their operation, access, data, information, files, quality, reliability of their products and services, their own links, and/or any of their contents.
12.9. However, if MIRAMIRA becomes aware that the activity or information linked from such links is unlawful, constitutes a crime, or may harm the rights or property of a third party, it will act with due diligence to remove or disable the corresponding link as quickly as possible.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
13.1. The Platform, including, by way of example but not limited to, its programming, editing, compilation, and other necessary elements for its operation, designs, logos, texts, and/or graphics mentioned in these Terms and Conditions, are the property of MIRAMIRA.
13.2. Customers acknowledge that the reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation, or publication of any unauthorized test results of any of the integrated elements and utilities within the development constitutes an infringement of MIRAMIRA's intellectual property rights, committing not to perform any of the aforementioned actions.
13.3. All contents of the Platform are duly registered and protected by intellectual and industrial property regulations, as well as registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total reproduction, partial use, exploitation, distribution, and commercialization of any content requires the prior, express, and written authorization from MIRAMIRA.
13.4. The designs, logos, texts, and/or graphics belonging to MIRAMIRA or third parties that may appear on the website or the application belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
13.5. Third-party holders of intellectual and industrial property rights on photographs, logos, and any other symbols or content included in the Platform have granted the corresponding authorizations for their reproduction, distribution, and public availability.
14. INDEMNITY
14.1. Customers agree to protect and hold MIRAMIRA harmless from any damage, liability, or cost that may arise from third-party claims against MIRAMIRA, its executives, representatives, or employees due to material provided by the Customers, misuse of MIRAMIRA’s services, or violation of these Terms and Conditions.
14.2. MIRAMIRA will inform Customers of any claims through the data provided when registering for services. By accepting these Terms and Conditions, Customers acknowledge that MIRAMIRA has no direct or indirect responsibility for services contracted between the Customer and each Client or third parties.
15. DATA PROTECTION
15.1. Data Controller
The controller of the personal data provided by the Customers is SARDINHA ARTESANATO, S.L., with its registered office at Paseo de la Castellana 259C Planta C Sur, 28046 Madrid, Spain, and contact email: denuncias@mira-mira.es.
15.2. Purpose of Data Processing
The personal data of the Customers will be processed for the following purposes:
- Managing registration on the Website, as well as access and use of the services offered.
- Facilitating the purchase of products, processing orders, and delivering them.
- Responding to inquiries, requests, or claims sent by the Customers.
- Sending commercial communications related to MIRAMIRA’s products and services, unless the Customer objects or withdraws their consent.
15.3. Legal Basis for Processing
The processing of personal data is based on the execution of a contract (for managing purchases and related services) and, where applicable, on the explicit consent of the Customer (for sending commercial communications).
15.4. Data Retention
The personal data provided will be retained for the time necessary to fulfill the purposes described or until the Customer requests its deletion, as well as the time required by applicable legal regulations.
15.5. Data Sharing with Third Parties
MIRAMIRA will not share Customers' personal data with third parties, except when necessary for the execution of the contract (e.g., transport companies) or by legal obligation.
15.6. Customer Rights
Customers have the right to:
- Access their personal data to know what information is being processed.
- Rectify inaccurate or incomplete data.
- Request the deletion of their data when it is no longer necessary for the purposes for which it was collected.
- Object to the processing of their personal data or request its limitation under certain circumstances.
- Request the portability of their personal data.
To exercise these rights, Customers can send a written request to the email address denuncias@mira-mira.es, indicating the right they wish to exercise and attaching a copy of their identification document to verify their identity.
15.7. Data Security
MIRAMIRA applies appropriate technical and organizational measures to ensure the security of personal data and prevent its alteration, loss, unauthorized processing, or access.
15.8. Complaints
If the Customer believes that their rights have not been duly respected, they can file a complaint with the Spanish Data Protection Agency (www.aepd.es).
16. NOTIFICATIONS
All notifications and communications (hereinafter, “Notifications”) sent to MIRAMIRA will be considered effective when addressed to customerservice@mira-mira.es. Likewise, all Notifications sent by MIRAMIRA to the Customer will be considered validly made if they have been sent using the data and contact addresses held for these purposes, as collected in accordance with our Privacy Policy.
By accepting these Terms and Conditions, the Customer authorizes that most communications with MIRAMIRA will be electronic. MIRAMIRA will contact via email. The Customer agrees to use this electronic medium and acknowledges that any notification sent by MIRAMIRA electronically meets the legal requirements of being in writing.
17. DURATION AND TERMINATION
The existence of the Platform, as well as the provision of the services offered on it, is generally of indefinite duration. However, MIRAMIRA is authorized to terminate or suspend the provision of services and cancel the Platform at any time, without prejudice to what is stipulated in the specific conditions.
18. NULLITY AND EFFECTIVENESS OF THE CLAUSES
All clauses or provisions of these terms of use should be interpreted independently and autonomously, and the rest of the provisions will not be affected if any of them is declared void by judicial sentence or final arbitral ruling. The affected clause(s) will be replaced by another(s) that preserve the effects pursued by these Terms and Conditions.
19. LANGUAGE
MIRAMIRA may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version will prevail in case of a conflict with other translations.
20. APPLICABLE LAW AND JURISDICTION
The parties agree in good faith to resolve any dispute regarding these TERMS AND CONDITIONS. MIRAMIRA’s TERMS AND CONDITIONS are governed by Spanish law. The parties submit to the Courts and Tribunals of Madrid.
Date of publication: December 26, 2024
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