The articles offered through this website are available for shipment to Spanish territory and other countries.
HOW THE CONTRACT IS FORMALIZED
The information contained in these Conditions and the details contained in this web page do not constitute an offer of sale, but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount of the same will be refunded in full.
To place an order, you must follow the online purchase procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, of which you will be informed by email in which we will confirm that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formalized when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be the object of the Contract. We are not obliged to supply any other product that may have been ordered until we confirm its shipment in a Shipping Confirmation.
All product orders are subject to their availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about new delivery times or substitute products of equal or higher quality and value that you can order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time.
We will not be liable to you or to any third party for the fact of removing any product from this website, removing or modifying any material or content on the website, or for not processing an order once we have sent you the Confirmation of Order.
Without prejudice to what is established in the AVAILABILITY OF THE PRODUCTS clause and unless extraordinary circumstances occur, we will try to send the order consisting of the product / s listed in each Shipping Confirmation before the delivery date that appears in the Shipping Confirmation in question or, if no delivery date is specified, within the estimated term indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
However, they could cause delays for reasons such as the customization of the products, the occurrence of unforeseen circumstances or the delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Keep in mind, in any case, that we do not deliver home on Saturdays, Sundays or holidays.
If you have purchased more than one item, the goods may be shipped individually, once they are available for shipment and arrive at different times.
For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
The order will be sent to the delivery address that appears on your personal data form. You agree that you or another designated person are at the indicated address to receive the package. If you are not going to be at the place of delivery, please contact us to arrange delivery elsewhere.
In case of not being the first time, the carrier will insist several times. If the order still cannot be delivered, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund all payments received from you, except for shipping costs without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the Contract to be terminated.
Please bear in mind that you will have to bear the additional cost of the transport derived from the termination of the Contract, for which we will be authorized to pass on the costs corresponding to the return.
TRANSMISSION OF RISK AND OWNERSHIP
The risks of the products will be at your expense from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in the DELIVERY clause), if this took place at a later time.
PRICE AND PAYMENT
The price of the products will be the one stipulated at all times on our website, except in case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipment Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
The prices on the website include VAT, but exclude shipping costs. The shipping service costs are your responsibility and will be added to the total amount of the selected products. You will be informed of these expenses before confirming the order and finalizing the contracting process.
Prices may change at any time, but (except as established above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step.
Likewise, during the purchase process, before making the payment, you can modify the information of your order. A detailed description of the purchase process is available in the Buying Guide. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section.
You can use as a means of payment:
- Payment through the secure Paypal service, which will allow you to pay with a credit / debit card, or to pay by bank transfer. But all in such a way that your data will never be handled by us.
BUY AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the essential data to be able to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory or community country, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.
Orders destined for countries outside the European Economic Community will be exempt from VAT, by applying the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the current regulations in each of these territories.
1 Legal right to withdraw from the purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this Contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.
All returns must be authorized by us. To obtain such authorization and exercise the right of withdrawal, you must notify Menutmon Miniatures at the address Praga, 10, La Pobla de Vallbona (Valencia – Spain), or by writing to us at firstname.lastname@example.org, your decision to to withdraw from the Contract through an unequivocal declaration indicating the order number (for example, a letter sent by post or email).
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you except for delivery costs (as long as the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned) .
Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while they are in your possession. Please, return the item using or including all its original packaging, instructions and other accompanying documents.
You will only be responsible for the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
After examining the returned item, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made as soon as possible (once the goods have been received) and, in any case, within a period of 14 days from the date on which you informed us of your intention to withdraw. The refund will always be made in the same means of payment that you used to pay for the purchase.
You will have to bear the direct cost of returning the goods.
If you have any questions, you can contact us through our email email@example.com.
2. Returns in the Canary Islands, Ceuta and Melilla and outside of Spain
If you wish to exchange or return a product that had been delivered in the Canary Islands, Ceuta, Melilla or outside of Spain, you must contact us prior to making the return at your own cost.
We are not responsible for customs taxes incurred when returning items from international destinations. Shipments must be categorized at the post office or shipping company as “Items returned under warranty.”
3. Returns of products that are damaged, defective or that do not correspond to those of the order
In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you should contact us immediately providing the product data as well as the damage or error suffered, or either by email where we will tell you how to proceed.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, in a period not exceeding 4 weeks following the date on which we send you an email confirming that the refund or replacement of the item is not applicable. according.
The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by current legislation remain safe.
RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
We will not accept any responsibility for the following losses, regardless of their origin:
- loss of income or sales:
- loss of business;
- loss of profits or loss of contracts;
- loss of anticipated savings;
- data loss; and
- loss of management time or office hours
Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it.
All descriptions of products, information and materials that appear on this website are provided “as a true body” and without express or implicit guarantees on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver articles that are in accordance with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which products of the same type are ordinarily used and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
We make every effort to ensure that product descriptions and specifications are accurate and correct in as much detail as possible. We pay great attention to information regarding the essential characteristics of the products through our own technical descriptions and / or from collaborating companies and manufacturers, and from photographs illustrating the products. We have taken steps to provide as accurate images as possible of the product for sale on the website, however due to a number of different factors such as internet browsers, color monitor contrast, we are not responsible for any differences of the color between the image and the actual product.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The products we sell can often have the characteristics of the materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, will not be considered defects or defects. Natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
The provisions of this clause will not affect your rights as a consumer and user, or your right to withdraw from the Contract.
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said Contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions or exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
If any of these Conditions or any provision of a Contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to their purpose and replace any other prior pact, agreement or promise agreed between you and us verbally or written.
You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned. in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to the another party will be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make changes retroactively in said policies, Conditions or Privacy Statement, at in which case, the possible changes will also affect the orders that you had previously made.