General Conditions

 

LEGAL NOTICE

Thank you for visiting Mimao.com hereinafter referred to as the ‘Website’, which is owned and operated by FORBESHOES S.L hereinafter referred to as the ‘Owner’.

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, the following information regarding the owner of the Website is hereby made know to users:

Company Name: FORBESHOES S.L.

Company Registration Number: B84394659

Address: C/Villablino, 35, 28947 Madrid, Spain

Phone: +34 916421800

Email: customers@mimaostyle.com

TERMS OF SERVICE AND CONDITIONS OF USE

  1. Use of the website

This Website is owned by Forbeshoes S.L (hereinafter referred to as the ‘Owner’), and it is operated for your information and personal use but not commercially. The use of this website is subject to the following terms and policies. By using this website, you agree to these terms in full, and agree to be legally bound by these terms. Do not make use of the Website if you do not agree with the terms displayed below and you must leave it immediately. You are responsible for ensuring that your access to this website and the access to the material available on the Website is lawful in each jurisdiction where said Website is accessed, or to its material.

  1. Privacy

Our Privacy Policies are explained in the “Privacy Policy” section. This will also be applied on your visit to this website. The continued use of this website implies your acknowledgement on our Privacy Policy and agree to comply with it and accept the terms and conditions. You agree that your personal information will be used by the Website in accordance to the terms of our Privacy Policy and for the purposes set out in it, which may be amended periodically.

  1. Other policies and agreements

On your purchase of any Mimao products at www.mimaostyle.com website, your purchase is subject to separate terms and conditions of sale that apply to the Website. Certain additional terms and conditions may be applied to purchases of products and other uses of the website www.mimaostyle.com.

  1. Your account / permitted uses of the website

We may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in accordance to the terms and conditions of this agreement, and the Website will have no obligation to investigate the authorization or source of any such access or use of the website. You will be totally responsible for all access to and use of this website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations.

You will be totally responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification.

When you use the Website, or send e-mails to us, you are communicating with us electronically. This way you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing..

This website is intended to be used by adults. Children under the age of 13 are expressly prohibited from using the website. By using the Website (and thereby accepting these terms), you declare that you are over the age of 13 and are at least the age of majority in your jurisdiction (which is 18). If you are not competent to enter into the contract created by these terms (because you are a minor or for any other reason), then you may not use or access the Website. The Website does not knowingly collect information from children under 13 years of age. The Website reserves the right to refuse the service, cancel accounts or cancel orders at their sole discretion.

You may not use the website or its content for any purpose without our express written permission. You shall not upload to, distribute, or otherwise publish through this website any content, information, prohibited material.

All of the following actions and conduct are prohibited, and you may not engage in any of the following:

(a) You may not violate or infringe the copyrights, patents, trademarks, service marks, trade details, or other private rights of any person;

(b) You may not publish material or information that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law;

(c) You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy or monitor any portion of the Website.

(d) You may not obtain or attempt to obtain any materials, documents, or information through any means other than as intended by Mimao.

(e) You may not use the website for any illegal activity under the laws, regulations, or ordinances of any applicable jurisdiction or that infringes upon the rights of others, including but not limited the rights of the Website.

  1. Product information

The products available for sale by the Website are available only in the United States and this website is intended only for customers and potential customers in those states. The Website tries to be as precise as possible in the description of all products available for sale in the website. However, Mimao does not guarantee that the descriptions of the products or other contents of this site are accurate, complete, reliable, current or without errors.

The information on prices and availability indicated on this website is subject to change without prior notice. All prices indicated are in US dollars.

This website and its contents should not be construed as an offer to sell any product or service. 

  1. Exclusion of warranties

The Website makes no warranties respecting the functionality or condition of this website. Mimao can´t assure and uninterrupted or error-free website. The Website does not declare, guarantee or commit to fix errors in this website or related to it, or that any server from which the website operates is or will be free of viruses or other harmful components. All material or information on this website is provided on an "as is" basis, and without warranties of any kind.

  1. Limitation of liability

The Website will not be responsible for any damage, direct or indirect, incidental, or consequential, for the use or inability to use materials, products sold in the website or services of any kind. The Website will not be responsible for the delay or partial delivery, the extinction of rights or loss of profits, loss of data, business or reputation, whether in contractual, extra-contractual or civil tort, or provide compensation or any other repair to you or a third party. The solution that we can provide is to advise you to discontinue the use and access to this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

Mimao will not be liable for any damages that can arise from the use of this website to the maximum extent permitted by law, including indirect, incidential, punitive, exemplary, special or consequential damages.

You assume complete responsibility for the use you five to the Website.

Mimao disclaims any and all liability for the acts, omissions, and conduct of any third parties related to your use of the website. The solution we provide if you are dissatisfied with our website or any of its content is to stop using it immediately.

 

The above disclaimers made by Mimao apply to all damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

The Website intends that the above disclaimers are intended to be broadly construed to limit the liability of Mimao. Nevertheless, in the event of finding that the above disclaimers are unenforceable, then the remaining disclaimers will continue in force and will be construed as broadly as possible to effectuate the intent of the parties, which is to limit the Website´s liability.

  1. Copyrights and trademarks

The contenct on this website, including but not limited to text, images, illustrations, software, audio and video clips, is owned and provided by Mimao, and Mimao does not represent or warrant that such material does not infringe the rights of no other person or entity. Accordingly, the material on this website may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or modified, in whole or in part, in any way, including, among others, text, audio or video, without the prior written consent of the Owner. The trademarks and logos that appear on this website are registered or unregistered trademarks of the Website or others. These are the property of their respective owners and may not be used without written authorization of the owner of those brands. Nothing on this website should be construed as conferring a right to use the marks or material protected by the Website.

 

Notwithstanding the foregoing, the Website authorizes you to make an electronic or paper copy of the information published on any page of this website, provided that the copy is used only for personal and non-commercial purposes, and in each and every case, provided that this copy remains protected by all copyrights, trademarks, service marks and other property notices and legends included in the website. This license does not include any resale of this site or its contents, any compilation of product listings, descriptions or prices, any other use derived from this website or its contents, any download or copy of information for the benefit of any merchant or any use of data exploitation, robots or similar collection and extraction tools. You can not frame or use framing techniques to include any trademark, logo or other proprietary information (including images, text, page layout or forms) of the Website and its affiliates without the express written consent of Mimao. You may not use meta-tags or any other "hidden text" that uses the name or trademarks of the Website without the express written consent of Mimao. Any unauthorized use of this site and / or its content revokes the permission or license granted by the Website.

  1. Intellectual property

All text, graphics, button icons, images, audio clips, and software, belongs exclusively to the Owner. The collection, arrangement, and assembly of all content on this website belongs exclusively to the Owner, or its affiliates. All software used on this website is the property of the Owner, or its software suppliers. These are all protected by Spain´s and international copyright laws. According to Articles 8 and 32.1, second paragraph, of the Spanish Law on Intellectual Property, are expressly prohibited the reproduction, distribution and public communication, all or part of the contents of the Website, for commercial purposes, in any medium and by any technical means, without the authorization of the Owner.

The Website and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of the Website, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

  1. Links

Links and references to other websites are provided solely for your convenience. Mimao has not reviewed and does not explicitly or implicitly endorse other websites or any information or material, or accessibility through such links, and assumes no responsibility for those websites, information or material published on them, or the products or services offered by them. You may not create links from other websites to this website, except if expressly permitted by Mimao. To obtain permission, write to customers@mimaostyle.com to contact the administrator of our website.

  1. Viruses, etc.

The Website does not represent or warrant that the information or material, including downloadable software, accessed through the Website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any problems will be corrected if it is discovered. 

  1. Damage to others

You agree not to enter on the website or through it any information or materials that may cause harm to third parties. Among other things, you agree not to include, deliberately or otherwise, any error or defect in the material or information that may, among other things, be an insult, slander, defamation or obscenity, or promote hatred or lead to a criminal offense or civil liability by any person or entity.

  1. Reservation of rights

All rights not expressly granted in these terms are reserved to the Website. Nothing included in these terms shall be construed as conferring by implication, estoppel or otherwise a license or right under any copyright, patent, trademark or other intellectual property right of the Website or any other person or entity. 

  1. Applicable law and legislation

This site is controlled and operated by the Owner from the city of Madrid in Spain. These terms, the website, any use of this website and any transaction made on or from this website shall be governed by the laws of the Province of Madrid and the laws of Spain applicable there without reference to the principles of conflict of laws. The application of the United Nations Convention on contracts for the international sale of goods (CISG) is expressly excluded.

  1. Resolution of disputes; precautionary measures

It is important that you read this entire section carefully.

The sale process is understood to have occurred at the Owner´s address in Madrid. Any dispute, controversy, claim or lawsuit between the parties of this contract, that are related or have any connection with these terms, the website, any use of this website and any transaction made in it or from it, will have applied the jurisdiction of the courts and tribunals of Madrid for the resolution of disputes

Any claim (whether contractual, tort or civil, pre-existing, present or future), including any issue relating to negotiation, training, existence, validity, execution, effects, interpretation, non-compliance, resolution or cancellation, and including the applicability or scope of this arbitration clause, will be sent and finally resolved by arbitration binding, excluding the courts of law, before or in accordance with the rules of the National Arbitration Forum, in accordance with the then-current Code of Procedure and any specific procedure for the resolution of small claims and / or consumer disputes then current (which can be obtained at www.arbitration-forum.com or by mail to PO Box 50191, Minneapolis, MN 55405), whose Code of Procedure, in force or replaced periodically, is incorporated and is an integral part of these terms).

However, before submitting a claim, you must first contact our customer service representatives at customers@mimaostyle.com or our spanish hotline +34 91 192 28 88 to give us the opportunity to resolve the dispute. Also, before Mimao brings a dispute to the court, we must first try to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date on which you or Mimao are notified by the other party of a dispute, then either party may initiate the claim.

For greater certainty, no party may appeal to a court, with respect to any matter related to these terms, including, among others, any claim, any arbitration initiated to resolve a claim and any arbitral award made in relation to with a claim, except as expressly permitted in these terms or by law. Any award rendered in accordance with the arbitration shall be final and binding for each of the parties and no appeal shall be given to said award. Such award may become enforceable and enforceable by any court having jurisdiction over the person or property of the person against whom enforcement of the award is sought.

No claim may be incorporated into another lawsuit, or in arbitration with a dispute of any other person, or resolved collectively. The parties expressly agree that any claim arbitrated pursuant to these terms will not be unified with any other arbitration proceeding for any reason. The arbitrator may not indemnify for damages that are prohibited by these terms and cannot impose the payment of exemplary or punitive damages or attorney's fees. Both you and Mimao waive any claim for compensation for damages that are excluded under these terms.

  1. Precautionary measures and provisional measures

Notwithstanding the terms of this Policy, the National Arbitration Forum Code of Procedure or any other provision of these terms, Mimao shall have the right to request and obtain any precautionary, provisional or precautionary measure from any court of competent jurisdiction to protect its registered trademark or other intellectual property rights or confidential information, or to preserve the status quo pending of arbitration.

  1. Changes in terms / divisibility

Mimao may modify, alter or update the terms applicable to this website periodically. We will notify you of such changes on this website by posting a notice of such changes on the same website. After the publication of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as amended. You will be subject to such changes. If any of these conditions is considered invalid, void or unenforceable for any reason, such condition will be considered divisible and will not affect the validity and enforceability of any remaining condition.

  1. Jurisdiction

This website is controlled and operated by Mimao from Madrid, Spain. Mimao makes no statement that the materials on the website are suitable or available for use elsewhere. Those who choose to access this website from other places, do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.

  1. Non-waiver clause

The inability of Mimao to enforce the provisions of these terms or to respond to the breach of these terms by you or a third party will in no way render Mimao waive the right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar infractions.

  1. Entire agreement

These terms, together with all other agreements, terms or conditions incorporated or referred to in this document, constitute the entire agreement between you and Mimao regarding the use of this website and any transaction made on this website and its contents, or from these, and supersede any prior understanding or agreement (whether electronic, oral or written) with respect to the subject matter of this document, and may not be amended or modified except in writing, or if Mimao makes such amendments or modifications available to you in accordance with the terms of this document.

  1. Termination

Mimao reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without prior notice.

  1. Headings

The headings used in this document are inserted only to facilitate reference and do not affect the construction or interpretation of the terms and conditions of this document.

  1. English language

You expressly agree that these terms and all supporting documents are written in English only.


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