Terms of service

 

CREACIONES MIRTO, S.A.U.
C/ Emilio Muñoz, 57 - 28037 Madrid - Spain
VAT number: A-28100717
Registered in the Commercial Register of Madrid, Sheet M-82896, Folio 146, Volume 5.053, Entry 28th.
Email: datos@mirto.com
Phone: +34 91 440 29 56

The following Terms and Conditions of Contract regulate purchases made through the website https://eu.mirto.com (hereinafter, the Website), owned by CREACIONES MIRTO, S.A.U., with VAT number A-28100717, located at C/ Emilio Muñoz, 57 – 28037 Madrid – Spain, and registered in the Commercial Register of Madrid, Sheet M-82896, Folio 146, Volume 5.053, Entry 28th. (hereinafter, MIRTO or the Owner)

Users can use the Customer Service to make complaints and claims or request information about the goods or services offered or contracted:

Customer Service: Monday to Thursday from 9 a.m. to 6 p.m. and Fridays from 9 a.m. to 2 p.m., by calling +34 91 440 29 56 or through the email address shop@mirto.com.

Customers also have the following links at their disposal where they can consult the various legal and privacy aspects that may be of interest:

• Legal Notice, which regulates the terms and conditions of use of the Website
• Privacy Policy, where Users can consult how their data is processed.
• Cookie Policy, which details the installation, use, and purposes of cookies on this Website.

The contracting system is subject to current legislation in Spain, therefore, sales operations will be understood to be carried out at the consumer's domicile.

The operating language of the Website is English. The Owner reserves the right to expand the languages.

The fact of accepting these General Terms and Conditions implies the express acceptance of them by the User and will be considered perfected at the moment the User completes the contracting procedure. It is understood that the follow-up of all phases of the electronic contracting procedure and the inclusion of all requested data, together with the satisfactory payment, if applicable, constitutes a direct expression of the User's will to accept these Terms and Conditions of Contracting.

Contracts concluded electronically will produce all the effects provided for by the legal system when the necessary consent and other requirements for their validity are met. In any case, the electronic support containing these General Conditions, and the contract concluded electronically, will be admissible as documentary evidence in case of a dispute between the parties.

The Owner reserves the right to make the modifications it deems appropriate on the Web, at any time and without prior notice, being able to update products and services according to market needs. Users are advised to periodically review the Web and these Terms and Conditions to be duly informed and updated about the novelties related to MIRTO's products and services, as well as its General Conditions of Contracting.

1. Operation of the MIRTO online store

Through the Web, users can access different products related to the textile and accessory sector. MIRTO makes available to the user a series of articles from the brand and associated brands that are offered through the Web for shipment to European territory.

Only final consumers, whether natural or legal persons, who wish to purchase MIRTO products for final use and without any intention of reselling them, can place orders in this online store. Any resale or distribution of MIRTO products purchased through this website is strictly prohibited.

The purchase of products through the Web is expressly subject to the particular conditions of purchase of said services or products established for this purpose, without prejudice to the provisions of these General Conditions.

An effort has been made to show the models, colors, and images of the products in the store with the greatest possible color accuracy. It is not possible to guarantee that the monitor or screen of your device will display colors accurately.

The use of certain services may require the completion of additional forms whose conditions and privacy will be expressly stated.

2. Territorial Scope

The services provided by MIRTO are fully online and can be contracted from all over the national territory and the rest of Europe.

If you wish to place an order through this website to a country not described in the Shipping and Delivery policy, you can do so by contacting the brand through the contact form or by calling +34 91 440 29 50.

Please note that shipping to certain countries may incur extra customs and transportation fees.

3. User Registration

To access as a registered user of MIRTO and be able to make a purchase, the registration form must be completed fully and truthfully. It is strictly forbidden to include data from third parties, even with their consent. The information provided must be accurate, complete, and truthful.

MIRTO reserves the right to not accept or cancel registrations that are false or incomplete.

The information provided during the registration process can be modified later in case of errors or updates.

The user who makes the purchase will be responsible for creating and safeguarding the password to access their customer profile, assuming any responsibility derived from misuse.

To the extent permitted by applicable law, the user assumes the responsibility for all activities carried out from their account or using their password and must immediately inform the owner if they believe their password is being used unauthorized.

The user can change their password when they consider it appropriate, for example, if they suspect or verify that the confidentiality of the password has been compromised.

Similarly, the user undertakes to keep their information properly updated.

4. How to Place an Order

The purpose of the contract is to purchase the products offered by MIRTO on the website. The purchasing process must follow the following steps:

1. User Registration: before carrying out any commercial transaction, it will be necessary to complete the registration form correctly. In said form, users can consult the contracting conditions, as well as the Legal Notice, Privacy Policy, and Cookies Policy regarding the use of the website and personal data provided throughout the process.
2. Product Selection: Users can select from the different products and/or collections available offered by the owner. Once selected, they must confirm and add them to the "Cart." In this section, users will have the option, if applicable, to add a note to the order and manage payment in installments through KLARNA services.
3. Confirmation of Payment Method: Users can make their purchases through express methods such as shopPay, PayPal, Amazon pay, Google Pay; likewise, users can make payment by bank card - credit or debit card - as established in clause 7 of these Terms and Conditions of Contracting.
4. Confirmation of Purchase: before completing the purchase, users must accept the transaction and have accepted the present terms and conditions under which it is carried out. Once the purchase is made, the user will receive a confirmation email; otherwise, the user must contact the owner through the email address shop@mirto.com. Likewise, they will receive a new email confirmation of shipment when the order leaves our warehouses for its destination.
5. MIRTO informs you that, for legal reasons, the electronic documents that formalize the purchases will be archived. Users, through their profile in MIRTO, can access their purchases.

The contracting will be carried out exclusively in Spanish.

5. Availability of Products

The Website displays only those products that we have in stock in our warehouses. However, in very isolated cases, stock consolidation errors may occur. If this situation arises, we will refund you the full amount paid.

6. Changes to the Service and Prices

The prices of our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without prior notice, without prejudice to orders that are in the process of being processed and/or that may directly affect consumer purchases.

MIRTO will not be responsible for any modification, price change, suspension, or discontinuation of the Service.

The sale prices indicated on the Website are displayed in Euros. VAT is included in these prices, but shipping costs are not. Shipping costs, if applicable, will be added to the price of the products and will be indicated separately on the order form.

Orders placed with a shipping and billing address in the Canary Islands will not include VAT in the price of the products or shipping.

The VAT refund (Tax Free) will only be processed once the corresponding document has been properly stamped by customs.

The prices of the products are subject to change without notice. However, MIRTO is committed to applying the rates in force indicated on the Website at the time the order is placed.

CREACIONES MIRTO, S.A.U. reserves the right to carry out promotions in which it may assume the shipping costs. This discount will be clearly specified on the website and when placing the order.

When there are offers or discounts, the original price and the applied discount will be clearly determined.

In any case, the final cost of the purchase will be shown to the User before finalizing and accepting their order, breaking down the amount without VAT and the VAT applied to that purchase.

7. Payment Methods

• Credit or debit bank card (Visa, American Express, or Mastercard). The Customer declares that they are the holder of the card used to make the purchase. The name of the customer must match the name of the credit card holder used to make the payment. MIRTO reserves the right to cancel any order that does not meet this criterion. All credit card holders are subject to validation and authorization checks by the card issuer. If the customer's payment card issuer denies or does not authorize payment to MIRTO for any reason, either prior to or after payment, the seller will not be responsible for any delay or failure to deliver, and MIRTO will not be able to formalize any contract with you as the payment will not have been properly made. In case of an incident, we will call you to carry out a series of checks and unblock said incident.
• ShopPay, PayPal, Amazon pay, Google Pay. Users who wish to do so may make payment through these platforms. Users must have an account on one of these platforms and accept their terms and conditions and privacy policies.
• Likewise, you may pay all or part of the price of your purchase with a gift card, issued by CREACIONES MIRTO, S.A.U.
• In certain cases and to prevent possible fraud, MIRTO reserves the right to request a specific form of payment from a customer if the buyer's identity is not clearly established. All information exchanged between the customer and MIRTO, including payment, is carried out through a secure server (SSL) to ensure security in all transactions.
• Once payment has been made, the customer will receive a confirmation email that the order has entered the processing stage. If confirmation of an order is not received within 24 hours of its formalization, the customer can contact MIRTO for assistance by sending an email to shop@mirto.com.
• By accepting these General Terms and Conditions, the User expressly consents to receiving the invoice electronically. The electronic invoice will be sent to the User at the email address provided. The User may revoke the consent to receive electronic invoices by contacting the Website via email at shop@mirto.com. After revocation of the consent to receive electronic invoices, the Owner will contact the User to receive the invoice in a different format.
• MIRTO uses all means to guarantee the confidentiality and security of data transmitted through the Website. As such, the website uses secure SSL (Secure Socket Layer) payment.

8. Transportation and Delivery

All orders are dispatched from Madrid, Spain. In case of return, you can request the package to be picked up or, if you prefer, you can send it to the sender's address at your own expense.

You can check the delivery times and shipping costs in our Shipping Policy. Currently, we do not ship to countries not listed in that policy. If you wish, you can contact us to evaluate the possibility of shipping to countries not contemplated.

Customs and fees for non-European Union (EU) countries, including the United Kingdom

Please note that when placing an order from MIRTO.COM, the recipient is the importer and must comply with all laws and regulations of the destination country. Orders shipped to countries that are not members of the EU, including the United Kingdom, may be subject to import taxes, customs duties, and fees charged by the destination country.

The recipient of an international shipment subject to such import taxes, customs duties, and fees (which are levied once a shipment reaches your country) must comply with them. MIRTO is not responsible in any way. Additional charges for customs clearance must be borne by the recipient as we have no control over these charges and cannot predict exactly what they may be.

Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

9. Warranties

Consumers who make any purchase at MIRTO are entitled to corrective measures, free of charge, in case of non-conformity of the goods. Through the website, guarantees are offered to consumers on the products marketed through it, in the legally established terms for each type of product, therefore, responding for the lack of conformity of the same that manifests itself within a period of three (3) years from the delivery of the product.

Therefore, if any of the products are not in accordance with what is stipulated in the contract, consumer users must inform us through the following means:

Customer Service: From Monday to Thursday, from 9am to 6pm, and on Fridays from 9am to 2pm, on the phone +34 91 440 29 56 or through the email address shop@mirto.com

The commercial warranty offered by MIRTO will not affect the rights that consumer users have recognized by current legislation.

10. Exchanges and Returns

Right of withdrawal

Consumer users have the right to withdraw from the contract within a period of fourteen (14) natural days without the need to provide any justification. In this sense, MIRTO extends this period, allowing users to make exchanges and returns during the thirty (30) natural days following the receipt of the order.

This exchange or return period may be extended during specific promotions.

No fee will be charged for exchange or return if the product is taken by the customer to a Post Office (drop-off service available in the national peninsular territory). Home pickup carries could have an associated cost depending on your location.

The return process will be carried out directly with MIRTO. The User may exercise their right of withdrawal within the previously mentioned period, by completing and sending the corresponding form (see Annex I) to MIRTO (C/ Emilio Muñoz, 57 - 28037 Madrid). The User also has the option to complete and electronically send the withdrawal form model or any other unequivocal statement through the email address shop@mirto.com. If the User chooses this option, we will communicate without delay in a durable medium (e.g. by email) the receipt of said withdrawal. The withdrawal form model provided in these Conditions can be used, although its use is not mandatory. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the corresponding period expires.

In case of withdrawal, MIRTO will refund all payments received without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from the contract. The refund will be made by the same means of payment used in the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the refund. You will not incur any costs as a result of the refund. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

MIRTO makes available to the user the returns portal to manage the process through the address: https://returns.mirto.com

Exceptions to the right of withdrawal

In accordance with sections c) and e) of Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal shall not apply to contracts that refer to the supply of goods made to the consumer's specifications or clearly personalized, nor to sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

Therefore, by accepting these general terms and conditions of contract, users are expressly informed that, once payment has been made, the right of withdrawal stipulated by law shall not apply to personal or intimate use products, such as masks, underwear, or personalized, altered, or made-to-measure products or commissioned products.

If you have any doubts, you can contact us by phone (+34 914402956) or by email (returns@mirto.com).

Each return request will be treated individually by our Customer Service department, who will contact you by phone or email in case of any incidents. The normal processing time is approximately 1 week, although in some holiday periods or high commercial intensity, it may be slightly increased.

The refund of the returned items will be made by the same means of payment used for the purchase once the merchandise has been received and checked back in our warehouses. The shipping costs of the first shipment, if applicable, cannot be refunded. Please note that from the moment the return is notified, it may take approximately 48/72 hours until your bank re-credits it to your account.

Shipping Error

If the order you received is incorrect, you must contact us immediately at this email address shop@mirto.com indicating the order number and explaining the problem. From that email, MIRTO will proceed to carry out the appropriate procedures.

Returns of defective products and shipping errors will be accepted, and MIRTO will bear the return costs as long as the customer reports this circumstance within thirty (30) days from the date of receipt of the shipment.

Once the merchandise is received in our warehouses, and after checking its condition, the amount will be refunded. The refund resulting from a return will be equal to the purchase price of the returned product and its shipping cost. It will be made as soon as possible after we receive and review the goods (never more than 14 days).

MIRTO will refund the purchase money using the same means used for payment.

We will notify by email the refund of the amount associated with the return along with your receipt.

MIRTO will not be responsible for any additional costs, losses, or deterioration of the shipment if the indicated guidelines for any return are not followed.

Changes

Changes or substitutions will not be accepted.

Cancellation

MIRTO guarantees the customer the possibility to cancel their order as long as the merchandise has not yet been shipped. To cancel, the customer must also contact Customer Service at shop@mirto.com.

No change, return, or cancellation will be accepted if the General Conditions described above are not met.

11. Incidents, complaints and grievances

In the event of any incident related to the services provided by MIRTO, or any complaint or grievance, Users may contact the Owner through the following channels:

Customer Service: Monday to Friday, from 9am to 6pm and Fridays from 9am to 2pm, by phone at +34 91 440 29 56 or through the email address shop@mirto.com.

12. Limitation of Liabilities

The Owner will apply best practices in terms of security and data recovery procedures and will make its best efforts to provide optimal and quality service to the User.

MIRTO does not guarantee that the website covered by this contract meets all of the User's needs. Nor does it guarantee any deficiencies or defects that occur as a result of improper use of the website or due to defects or poor condition of the computer equipment used to access it, or due to incorrect application of the usage instructions.

MIRTO shall be exempt from any type of responsibility to the User in the event that the anomalies are due to actions or omissions directly attributable to the User.

MIRTO is not responsible for technical and/or telecommunications failures that, due to fortuitous events, force majeure or other causes, prevent normal operation of the service via the Internet, nor for the lack of availability of the site due to maintenance or other reasons, which prevent access to the service.

The Owner will act with the utmost diligence to keep the website operational at all times. In any case, MIRTO may be suspended or interrupted, totally or partially, due to maintenance and/or updates. During these types of actions, the Owner does not guarantee the correct functioning of the website or access to it.

In general, the Owner will not be responsible for the use made of the website by the Users. For this reason, MIRTO is exempt from any activity by Users that may constitute a breach of these Terms and Conditions or a breach of any applicable regulations.

The Owner will also not be responsible for any damage to the website caused by the introduction or uploading of computer viruses by Users during the use of MIRTO.

MIRTO uses all means at its disposal to carry out the correct process of contracting, payment and use of the website; however, it is exempt from responsibility for causes that are not attributable to it, fortuitous event or force majeure.

13. Use of the Website

MIRTO authorizes the User to use the Website in the telematic environment in which it is located, as well as the corresponding documentation and instructions for its correct operation and use.

The User shall not have the right to commercialize the services and/or materials provided under this agreement, nor to partially or totally assign their use to any third party, nor to transfer any of the rights that it may have under this agreement.

The User shall not be permitted to modify, decompile, or obtain the source code of the Website, nor to recreate or generate derivative programs from it through reverse engineering or similar actions.

Access to the Website and its various contents will be carried out through links provided and managed (use and renewal) by MIRTO, the owner of said domains.

Reservation of Rights

MIRTO reserves the right to refuse admission or to cancel the registration of Users whose data is false, incorrect or incomplete.

MIRTO reserves the right to cancel or suspend the service to a Client with whom there is a payment-related conflict or who, in the opinion of the Owner, may present any type of risk.

The Owner reserves the right to modify the prices of its products and services. The purchase price will be the current price at the time of closing the transaction.

The Owner reserves the right to verify the personal information provided by the User and to take the measures it deems necessary to verify that the registered person is the holder of the documents or cards used for payment. This verification may take the form of a request for proof of identity and/or address and/or bank documents. If the User does not respond to such a request, MIRTO may cancel the service.

MIRTO reserves the right to cancel the registration of those who are misusing or abusing the system, engaging in fraudulent acts, or harming other Users. In the event that MIRTO or any entity professionally linked to it detects any anomaly or suspects that a User is preventing the normal development of the system by illegally altering the use or registration through any technical or computer procedure, or carrying out any fraudulent acts that contravene its transparency, it reserves the right to cancel and withdraw the benefits that could have been obtained automatically and without explanation of any kind, from all those Users who have directly or indirectly benefited from such fraudulent actions, and may also take any civil or criminal actions that may be applicable. In this sense, MIRTO declares that it has enabled suitable technological mechanisms and supports to detect any possible fraudulent, anomalous or malicious activity that may attempt to alter the registration and proceed on this site.

MIRTO reserves the right to modify these General Conditions at any time by notifying Users conveniently through the Website. The Terms and Conditions that apply to the transaction will be those in force at the time of its completion.

15. Intellectual and Industrial Property

Under this agreement, the User only acquires the right to use the Website and its materials, in accordance with the terms of use established in these Terms and Conditions.

MIRTO is the owner of all intellectual and industrial property rights, and other analogous rights over elements, technology, know-how, trademarks, logos, videos, materials, and any other element, creation, invention or distinctive sign included in the MIRTO Website and the services provided, including its source code, creativities, designs and functionalities of the website. Copying, reproducing, distributing, or publicly communicating any of its elements without the express consent of MIRTO is strictly prohibited.

For all of these reasons, MIRTO reserves the rights of reproduction, public communication, distribution, importation, translation, and any transformation of the Website and/or its materials.

16. Privacy Policy

What entity will process personal data?

Data controller: CREACIONES MIRTO, S.A.U. (MIRTO) headquartered at C/ Emilio Muñoz, 57 – 28037 Madrid – Spain, and with tax ID number A-28100717.

Email: datos@mirto.com
Phone: +34 91 440 29 50

Purpose of the processing:

The data collected through the registration form are necessary to manage the client's registration and process the corresponding orders.

The data may be used to send commercial information about MIRTO's products and services.

Categories of data:

The personal data that may be subject to processing are identifying data that include name and surname, telephone, city/country, full postal address, email, and company name, payment data, and banking card information.

Source of the data:

The data provided by the Users through the registration forms.

Legitimacy

The legal basis for processing your data is the consent given by the interested parties, as well as the execution of a contract.

Who will receive your data?

The data will not be disclosed to third-party companies. However, MIRTO collaborates with some third-party service providers who have access to your personal data and process said data on behalf of MIRTO as a result of their provision of services. Specifically, MIRTO will hire the provision of services by third-party providers who perform their activity, enunciatively and not limited to, in the following sectors: transport and courier companies, computer maintenance and technology services companies.

International data transfers

MIRTO does not make international data transfers.

Users' Rights:

Users may exercise the following rights at any time and free of charge:

1. Right of access to the interested party's personal data: the interested party may obtain confirmation as to whether the company is processing personal data concerning him or her.
2. Right of rectification: the interested party has the right to request rectification of inaccurate or incomplete data.
3. Right of erasure: the interested party may request that their data no longer be processed without undue delay, among other reasons, because they are no longer necessary, consent has been withdrawn, etc.
4. Right to limit data processing: the interested party may request that their personal data not be applied to the processing operations that would correspond in each case, in which case we will only retain the data for the exercise or defense of claims.
5. Right to data portability. The interested party may receive their data in a structured, commonly used, and machine-readable format; likewise, the interested party may request that their data be transmitted to another data controller, provided that this is technically possible.
6. Right of opposition: the interested party opposes the processing and the company will stop processing their data, except for compelling legitimate reasons or for the exercise or defense of possible claims.

Users may exercise these rights by directing written communication, duly signed, accompanied by a photocopy of their ID card, to CREACIONES MIRTO, S.A.U. (MIRTO) C/ Emilio Muñoz, 57 – 28037 Madrid – Spain, or via email to datos@mirto.com, indicating "Data Protection" as the reference or subject.

How long will we keep Users' data?

The data will be kept until the Users' request is completely managed or until the end of the commercial relationship.

The data necessary for sending commercial information will be kept until the Users exercise their rights.

Security measures.

MIRTO will establish the technical and organizational measures necessary to ensure the security that automated processing of the interested parties' data must meet, the processing centers, premises, equipment, systems, programs, and people involved in the automated processing of personal data in the legally and regulationally provided manner.

Right to file a complaint with the Control Authorities

Likewise, the interested parties have the possibility of contacting the Spanish Data Protection Agency for any doubts regarding the exercise of their rights, to resolve any incident in the treatment of their data or to file a complaint. The Spanish Data Protection Agency is responsible for ensuring compliance with the legislation and controlling its application. The interested parties may file a complaint with the Spanish Data Protection Agency, especially when they have not obtained satisfaction in the exercise of their rights, at Calle de Jorge Juan, 6, 28001 Madrid, www.aepd.es and at the contact phone number: 900 293 183.

17. Validity of these rules

These rules are the only ones that govern the relationship between the User and the Owner, replacing any verbal or written agreement that previously governed the parties.

The clauses will always be interpreted in a way that produces effects. If, due to the interpretation of these rules, one or more of their clauses become null, the others will remain fully valid.

18. Applicable legislation and conflict resolution

These Terms and Conditions are governed by Spanish law.

The conflicts that may arise from the interpretation of these rules will be resolved by the Courts that correspond according to the current law and depending on the consumer's domicile.

Without prejudice to the above, MIRTO informs that, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, an online dispute resolution website has been created for consumers and merchants who voluntarily wish to resolve extrajudicially the disputes included in the scope of this Regulation.

This website is accessible at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

Annex 1: Withdrawal Form

We provide the user with a standard form to exercise their right of withdrawal in PDF format through the following link: Download Form

Last update: April 2023.