1.IDENTIFICATION OF PARTIES
The terms and conditions indicated below govern the access to and use of the www.mimakids.com URL address (hereinafter “WEBSITE”), of which MIMA EUROPE, S.L. is the owner (hereinafter “MIMAKIDS”), a company with registered office at La Pobla de Vallbona (Valencia) C/ Ávila nº 4, post code 46185, and duly registered on the Companies Register of Valencia, Section 8, Sheet 134830 and with Tax Identification Code: B-98153455. Secondly, is the physical person or legal entity, hereinafter the “USER”, who accesses the website for information or to use the applications which may be accessed through the website. By using this website, the user expressly accepts each and every one of the present general terms and conditions which govern it and which are determined by the content of this legal notice, or, if applicable, any conditions that are specifically applicable to certain services, which are notified by the website, requiring the user to register prior to their use.
2.PURPOSE OF THE SERVICES OFFERED
MIMA EUROPE, S.L. is a commercial enterprise, which, through its www.mimakids.com website, offers information about the company itself, its services and products, and it provides various services of interest to companies involved in the sale of products for infants and toddlers, and/or interested end customers.
3.ALTERATIONS
MIMAKIDS reserves the right at any time to change or remove without prior notice the contents, the services or information contained on this website, as well as to restrict or cancel the terms and conditions applicable thereto.
4.CONDITIONS OF USE OF THIS WEBSITE
The www.mimakids.com website may be visited by any USER without restriction and free of charge providing the visit is exclusively for private or commercial use. Obligation to use the website, services and contents properly: The USER undertakes to use the website, services and its contents in accordance with the law, morality, proper conduct and public order and pursuant to these General Conditions. The user is under the obligation to use the website, the services and its contents in a diligent, correct and legal manner, and specifically undertakes to refrain from: Reproducing, copying, distributing, allowing public access to, through any mode of public communication, transforming or altering any of its contents, without the consent of the holder of the corresponding rights. Deleting, avoiding or manipulating the “copyright” or other data identifying the rights of the holders contained in the contents, or any data protection devices, or any information mechanism which may be contained in the contents. Should the user subscribe as a MIMA CLUB member or to another service on the website that requires a password to gain access, s/he must carefully guard the password, keeping it secret and assume any consequences or financial damages resulting from a failure to guard them correctly. MIMAKIDS does not control nor can it guarantee the absence of virus or that other items in the contents will not affect the computer system (software and hardware) or any electronic documents or files stored on the USER’s computer. Refusal and withdrawal of access to the website and/or its services: MIMAKIDS reserves the right to deny or withdraw access to the website and/or its services, at any time and without prior notice, to any USERS who do not comply with the General Conditions or any agreements adopted by means of a private contract. Use of the services offered on the MIMAKIDS website in accordance with the non-consensual publicity policy governed by the Services for the Information Society and Electronic Commerce Act (LSSICE): MIMAKIDS’ policy with regards to email is to send emails only to those who have requested to receive them. In the case of promotional messages sent by MIMAKIDS to USERS, these will be sent indicating “publicity” in order not to cause any confusion. If you do not wish to receive these messages by email, we always provide a simple method for you to indicate your desire not to receive them. The USER and MIMAKIDS undertake to use the services in accordance with the non-consensual publicity policy, and specifically, NOT to send out chains of unsolicited electronic messages. Anyone affected by receiving unsolicited messages sent to a diverse group of people may contact MIMAKIDS by emailing the address shown on our website.
5.LIABILITY
MIMAKIDS shall not be liable, either directly or indirectly for: The quality of the service or the speed of access to the website. The information entered by users, partners or other third parties. Any damages that may be caused to the user’s equipment assumed to be due to the use of the website. Any failure to comply with the law, morality, or generally accepted proper conduct, or public order as a consequence of transmitting, broadcasting, storing, making available, receiving or obtaining access to its contents. Any breach of intellectual or industrial property rights, ownership rights or rights of any other nature belonging to a third party as a consequence of transmission without consent, non-authorised broadcast, storage, making available, receipt, obtaining or accessing the contents. MIMAKIDS shall not be responsible for any illicit or harmful acts breaching rights, or any damaging or detrimental acts carried out by the user or a third party.
6.INTELLECTUAL AND INDUSTRIAL PROPERTY
The entire website: text, images, brands, graphic diagrams, logos, buttons, software files, colour combinations, as well the structure, selection, arrangement and presentation of contents are protected by intellectual and industrial property rights legislation, and their reproduction, distribution, public broadcast or transformation is forbidden, except for personal and private use. The reproduction, retransmission, copy, concession and broadcast of all or part of the information contained on these pages is also prohibited, whatever its purpose or the means used to do so, without the express permission of the rights holder. No links may be made to this website from any other website without the prior and express consent from MIMAKIDS.
7.USE OF COOKIE TECHNOLOGY
MIMAKIDS reserves the right to use the so-called “cookies” or similar files, during any kind of use of the website. The cookies used are associated solely with anonymous users and their computers, without providing any references which may allow the USER’s personal details to be revealed, and they can not read the data on the USER’s hard drive nor any cookie files created by others. MIMAKIDS informs that most of the browsers on the Internet allow users to delete cookies from the hard drive of their computer, or to block them or receive messages before saving a cookie, and they may configure their browser to notify them when a cookie is received in order to prevent its installation on the hard drive. To obtain assistance about these functions, go to the browser’s instructions or manual, or to the Help page.
8.PERSONAL DATA PROTECTION POLICY
WARNING: If you are NOT OF LEGAL AGE, you may provide personal details only with the prior consent of your parents or guardians, by sending a signed consent letter together with a copy of your parent’s or guardian’s national identification card to the following email address: [email protected], indicating “UNDER AGE PERSONAL DETAILS” as the subject matter. MIMAKIDS will not respond to details received from under age users who, unaware of this requirement, have provided their details without their parents’ or guardians’ consent. We expressly warn the USER that any communication sent by email is not encrypted and therefore any data provided by email may be intercepted by third parties on its way to our inbox. Since the contact forms on the website are mainly for the purpose of individuals or legal entities whose business is related to the sale of baby products, and in order to maintain the businesslike character of the correspondence, any personal details provided through this channel in relation to the business, as well as any other details about the company or business, shall not be stored on any file, unless the person or business in question initiates a business relationship with MIMAKIDS. In such a case, the company’s details (name, tax identification code, registered office, business land-line, mobile phone and fax numbers, email, contact person, etc.) shall be stored for strictly business reasons, and MIMAKIDS shall contact the contact person only in order to make contact with the company itself. In any case, if the end customers should provide MIMAKIDS with their personal data and request MIMAKIDS to correspond with them, as a company committed to personal data protection and security, MIMAKIDS shall treat their details with the maximum confidentiality and security they merit, and they will be added to the corresponding file registered with the Data Protection Agency, notifying the user in accordance with the current legislation.
9.JURISDICTION
These terms and conditions were drafted in Spanish as the main language and translated into the other languages available on the website, and are subject to current Spanish legislation. With regard to any controversy which may arise from the use of the services offered or from the contents of the website itself, the parties, in accepting these Conditions, shall be subject to the applicable legislation in Spain and to the Courts of Law of the city of Valencia (Spain).
