General Terms and Conditions of Wholesale Sales

These Terms and Conditions of Sale will be binding on all commercial companies and/or self-employed professionals, both national and international within the European Union, that maintain a commercial relationship with MiiN Cosmetics, S.L.

1. GENERAL INFORMATION

This website or online store, https://www.miintrade.com/ (hereinafter, the "WEBSITE") is owned by MiiN Cosmetics, S.L. (hereinafter, "MiiN Trade"), a company holding C.I.F. (Tax ID Code) number B-65918013 and registered in the Mercantile Registry of Barcelona with the following registration details: volume 43497, protocol number 1517, folio 16, page no. B430922. Its contact details are:

  • Address: C/Villarroel 144, bajo interior, 08036 Barcelona

  • Contact telephone number: (+34) 937 821 864

  • Contact email sales@miin-cosmetics.com

The business activity of MiiN Trade consists in the wholesale sale and distribution of Korean cosmetic products through the WEBSITE.

This document (as well as other documents mentioned herein) regulates the conditions for the purchase and distribution of Wholesale Products (hereinafter, "Conditions") through this WEBSITE.

For the purposes of these Conditions, it is understood that the activity that MiiN Trade carries out through the WEBSITE includes the sale of Korean cosmetics of reference in Europe and the United Kingdom.

In addition to reading these Conditions, before accessing, browsing and/or using this WEBSITE, the user must accept them at the time of purchase of the Products, thereby being bound by these Conditions. Wherefore, if you do not agree with all of them, you must not use this WEBSITE.

Likewise, you are hereby informed that these Conditions could be amended at any time, which will indicated on the WEBSITE. The customer is responsible for consulting them every time they access, navigate and/or use the WEBSITE, given that those in force at the time when the purchase of a Product is requested will be applicable.

For all questions that a customer may have regarding these Conditions, please contact us at the e-mail and telephone addresses indicated above.

2. THE CUSTOMER

The condition of customer (hereinafter indistinctly referred to, individually, as "Customer" or, jointly, as "Customers") is conferred as a result of accessing, browsing and using the WEBSITE, for which the Customer accepts, as from the beginning of browsing on the WEBSITE, all the Conditions established herein, as well as the subsequent modifications thereof, without prejudice to application of the corresponding legal regulations that must be complied with, as applicable.

The Customer is liable for the correct use of the WEBSITE. This liability will extend to:

  • Using this WEBSITE only to make inquiries and legally valid purchases or acquisitions.

  • Not making any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled, and the relevant authorities would be informed.

  • Providing truthful and lawful contact information, e.g. email address, postal address and/or other information (see the Legal Notice and Privacy Policy).

  • The Customer declares being over 18 years of age and having the legal capacity to enter into contracts through this WEBSITE.

The WEBSITE is targeted at customers who are commercial companies and self-employed professionals. MiiN Trade makes no representation that the WEBSITE complies with the laws of other countries, either in whole or in part. MiiN Trade denies any liability that may arise from such access.

The Customer may, at their choice, conclude the contract of sale of the desired Products with MiiN Trade in any of the languages in which these Conditions are available on this WEBSITE.

3. CUSTOMER REGISTRATION

Access to the information, to the wholesale prices for professionals and to some of the content displayed on the WEBSITE requires registration by the Customer. Once verification of the Customer profile has been completed, you will be given access to the available brands and prices according to the country where you place the order.

4. PURCHASING PROCESS

The purchasing process is very simple. The Customer may browse through the WEBSITE for as long as they wish to find the Products they like the most. The menu shows all the available categories depending on what the Customer wants to search for, e.g. by product type, brand and/or ingredients.

In order to view the prices for professionals, the Customer must register on our website with the information of their company.

By clicking on a product, you will be able to obtain detailed information about each one, including a description, the ingredients, the order in the Korean routine and the mode of use.

Once a Customer has consulted our wide range of Products and has chosen the ones they want to purchase for their business, before making the purchase they will be able to access the details, the minimum quantity and the shipping costs of the order.

The Customer undertakes to verify the information requested at each step. On the right-hand side, you will be able to enter the Promotional Code, in case you have one. You must click on Add for the discount to be applied.

Finally, it is necessary to carefully read and accept the current Purchasing Conditions and our Privacy Policy by clicking on " I agree to MiiN Trade’s Terms of Service and Purchasing Conditions" .

An invoice will be provided to Customers in the ordering process, without the need for online payment. An account manager will then contact you and provide you with personalised assistance to continue with the process and verify that everything is correct.

After reviewing the Conditions and verifying that we have stock, we will confirm the order and send you a proforma invoice by email. The Customer may then make payment by bank transfer. Once payment is completed, we will prepare and ship the order within 24 to 72 hours. After a Customer has created their account, they will always have access to their purchase history in "My Account > Orders", including invoices.

Once a purchase is completed, the Customer will receive a confirmation email. If a Customer has any questions regarding their order, they may contact sales@miin-cosmetics.com or their assigned sales representative.

After the purchase, the Customer undertakes to:

  • sell the MiiN Trade Products in the packaging and with the trademarks and labels determined by MiiN Trade;

  • maintain adequate facilities and a sufficiently developed organization for appropriately selling, promoting and storing the Products.

MiiN Trade will not be in any way liable for errors when entering the email address, for errors in the delivery data or for non-receipt of the order confirmation email. Moreover, MiiN Trade reserves the right to refuse certain order requests in the purchase of our Products in the event of non-compliance with our organization’s internal policy measures (available at "https://www.miintrade.com/"), as well as with the regulations established by the manufacturers of the marketed Products. In the event that this happens, a detailed communication will be sent to the Customer.

5. AVAILABILITY

Due to the popularity or the temporary and/or limited availability of some of our Products, as well as the difficulty of importing them from Korea, MiiN Trade may limit the number of units of Products available for purchase by a Customer and does not undertake that stock will always be available for sale. In addition, MiiN Trade reserves the right to modify the quantities available for purchase by Customer at any given time, even after placing an order, about which the Customer will be notified.

Once orders have been processed and charged by MiiN Trade, they will be delivered considering the limits of available stock in our warehouses. Due to high stock volumes, MiiN Trade may experience a mismatch in orders due to error (e.g., invoicing Products that are out of stock at the time). In this case, MiiN Trade undertakes to contact the Customer to inform them about what has happened with their order and will be accountable for what has happened.

In any case, the Customer may contact us at sales@miin-cosmetics.com .

6. SHIPMENTS

  • Shipments to Spain (except Canary Islands, Ceuta and Melilla)

The order preparation time is 24-48 business hours. Standard delivery time is 48-72 business hours. For large orders (10 boxes and more) the transit time may take up to 7 working days. The shipping cost will be €10 when the amount of an order is less than €600. If an order is over €600, the shipping costs will be free of charge.

MiiN Trade will do everything possible to ensure that an order arrives as soon as possible, but during periods of launches, promotions, the Black Friday campaign or force majeure, orders may be delayed from 7 to 9 business days after an order has been placed.

If, for any reason, MiiN Trade is unable to meet the delivery deadlines, it will contact the Customer to inform them of this circumstance.

  • Shipments to the Canary Islands

Domestic shipments to the Canary Islands (La Palma, La Gomera, El Hierro, Tenerife, Gran Canaria, Lanzarote, Fuerteventura, La Graciosa) are delivered approximately 7 to 9 business days after having made payment and received the confirmation email from the MiiN Trade sales team. Deliveries could be delayed due to logistic agents and/or customs formalities. The shipping cost will be €10 when the amount of an order is less than €600. If an order is over €600, the shipping costs will be free of charge.

During periods of launches, promotions or Black Friday campaigns, deliveries may take 7 to 9 days longer. If for any reason a delivery by MiiN Trade is delayed, it will contact the Customer to inform them of this circumstance.

  • Shipments to Ceuta and Melilla

Domestic shipments to Ceuta and Melilla are delivered approximately 7 to 9 business days after payment has been made and the confirmation email has been received from MiiN Trade's commercial team. Deliveries may be delayed due to logistic agents and/or customs formalities. The shipping cost will be €50 when the amount of an order is less than €2500. If an order is over €2500, the shipping costs will be free of charge.

During periods of launches, promotions or Black Friday campaigns, deliveries may take 7 to 9 days longer. If for any reason a delivery by MiiN Trade is delayed, it will contact the Customer to inform them of this circumstance.

  • International Shipments (EU)

International shipments to European Union countries are admitted through the website https://www.miintrade.com/.

The valid territories for receiving our wholesale services are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia and Sweden.

The order preparation time is 24-48 business hours. Standard delivery time is 48-72 business hours. For large orders (10 boxes and more) the transit time may take up to 7 working days.

The transport cost will be different depending on the country of destination and will be calculated according to the country of destination. Order preparation time is 24-48 business hours. Standard delivery time is 48-72 business hours. For large orders (10 boxes and more) the transit time may take up to 7 working days.

During periods of launches, promotions or Black Friday campaigns, deliveries may take 7 to 9 days longer. If for any reason a delivery by MiiN Trade is delayed, it will contact the Customer to inform them of this circumstance.

Shipping cost

Country of Destination

Shipping Cost

Free Order as from

Norway

€50

€2,500

United Kingdom*

£10

£600

Cyprus, Norway and Switzerland

€50

€2,500

All other EU countries

€20

€1,000

  • Shipments to the United Kingdom

Shipments of orders delivered in the United Kingdom will be shipped from MiiN Trade's warehouse located in the United Kingdom. The order will not be considered an import from Spain and the Customer will not have to assume any extra costs on their order. Trade will not be Liable for any additional costs.

7. PRICES

7.1 The Products available on MiiN Trade will be sold at the price shown on the WEBSITE, with the price and conditions in force at the time when the Customer places an order.

The prices of the WEBSITE’s Products do not include taxes or transport costs, which will vary according to the value of the purchased Products and the region or country of delivery. These will be added later, before confirming the order.

7.2. Resale price. In accordance with the provisions of Article 4.a) of the European Commission Block Exemption Regulation No 330/2010, of 20 April 2010, the Customer freely determines, as an independent business person, the resale prices of the Products to their customers, and MiiN Trade may impose maximum selling prices or recommend a selling price, provided that these do not amount to a fixed or minimum selling price as a result of pressure or inducements from either party.

Products purchased from MiiN Cosmetics, S.L. CANNOT be sold on third-party platforms such as Amazon, eBay, AliExpress, etc.

8. PROMOTIONS AND COUPONS

Promotions will never be applicable to discounted Products, unless the promotion so indicates. The conditions of each promotion must be respected, as well as the date and the channel in which the promotion applies.

Discount codes can never be combined with other promotions, offers or discounts.

9. TAXES

In accordance with the provisions of Law 37/1992, of 28 December 1992, on the Value Added Tax (VAT), purchase orders for delivery will be deemed to be located in the territory of application of the Spanish VAT rate of 21% if the delivery address is in Spanish territory, except for Ceuta, Melilla and the Canary Islands.

In the case of sales from the Peninsula to the Canary Islands, Ceuta and Melilla, they are considered an export, wherefore the operation is exempt from VAT, and it is the buyer or consignee who assumes payment of the IGIC or IPSI of the imported product.

The applicable VAT rate will be that legally in force at any given time, depending on the specific item in question.

In the case of sales in the European Union and provided that the Customer is registered in the Register of Intra-Community Operators (ROI) and has a valid VAT number in the VIES system, Spanish VAT will not be applied.

For countries outside of the European Union, such as Switzerland or the United Kingdom, sales made from the Spanish mainland are considered exports, so the transaction is exempt from Spanish VAT.

10. MEANS OF PAYMENT

Accepted means of payment: Bank transfer

To our BBVA account.

  • Beneficiary: MiiN Cosmetics S.L.

  • IBAN number: ES74 0182 4370 8102 0162 9114

This method of payment will not involve any additional charges. Transfer costs will be borne by the payer. Under the concept of the transfer, the order number and the Customer’s identification data must be indicated. Please note that the order will not be considered effective until the corresponding payment is confirmed and, therefore, the shipment will begin once the payment is received in our account. This can normally delay an order by 1 or 2 days if a transfer is made from a bank other than BBVA. If a transfer has not been made within thirty (30) business days after an order has been placed, we will cancel the order.

11. DELIVERY

In cases in which the purchased Products have to be physically delivered, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), Ceuta, Melilla, Canary Islands, the European Union countries described above and the United Kingdom.

Except in cases of unforeseen or extraordinary circumstances, an order consisting of the Products listed in each purchase confirmation will be delivered within the period indicated on the WEBSITE, according to the shipping method selected by the Customer and, in any case, within a maximum period of 18 days as from order confirmation.

If MiiN Trade were unable to make delivery for any reason for which it were liable, it will contact the Customer to inform them of this circumstance, and the Customer may then choose between proceeding with the purchase or cancelling the order, with a full refund of the price paid.

12. TECHNICAL MEANS FOR CORRECTING ERRORS

The Customer is hereby informed that in the event that they detect that an error has occurred when entering the necessary data for processing their purchase request on the WEBSITE, they may modify the data by contacting MiiN Trade through the contact spaces provided on the WEBSITE or, where appropriate, through those provided for contacting the Customer Service Department and/or by using the contact details provided in the General Information clause. Likewise, such errors may also be corrected by the Customer through their personal space on the WEBSITE.

In any event, the Customer, before clicking on "BUY", has access to the shopping cart where their purchase requests are recorded and can make any changes they deem appropriate.

Likewise, the Customer is advised to consult the Legal Notice and Privacy Policy.

13. RETURNS

In cases in which the Customer acquires Products on or through the MiiN Trade WEBSITE, they have a number of rights, as listed and described below:

13.1. Return because of damages or anomalies

Returns because of damages or anomalies due to shipping by the carrier will be payable by MiiN Trade.

The Customer should contact MiiN Trade at the following email address: sales@miin-cosmetics.com or contact their assigned account executive.

13.2. Return of defective products or shipping error

These are all cases in which a Customer considers that, at the time of delivery, a product does not conform to what was stipulated in the contract or purchase order, wherefore the Customer should contact MiiN Trade ( sales@miin-cosmetics.com ) immediately and inform it of the existing non-conformity (defect/error) or using the contact details provided in the heading.

The Customer will then be informed on how to proceed with the return of the Products. Once these Products have been returned, they will be examined, and the Customer will be informed, within a reasonable period of time, whether a refund or replacement of the Products is applicable.

The Product(s) will be refunded or replaced as soon as possible and, in any event, within 24 hours as from the date when we send you an email confirming that the refund or replacement of the non-conforming product(s) has been made.

The amount paid for those Products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the Customer to make the return. The refund will be made through the same means of payment that the Customer used to pay for the purchase.

In any case, the rights recognised for the Customer in legislation in force at any given time will always be applicable.

According to applicable legislation, within the legal warranty period of six months, the repair or replacement of defective Products is free of charge for the Customer, including all shipping costs.

13.3. Refund for withdrawal

Returns due to withdrawal are not allowed in our wholesale service.

13.4. Warranties

MiiN Trade guarantees that the Products comply with the specifications stipulated in the Order, which are accessible to the Customer at MiiN Trade’s Customer Service. The Customer enjoys warranties on the Products that they may acquire through this WEBSITE, under the terms legally established for each type of product, and MiiN Trade will therefore be liable for a lack of conformity of the same that is manifested within six months as from delivery of the Product. With respect to Products that are acquired for the purpose of integrating them in the Customer’s marketing processes, the Customer will not be considered a consumer, and the warranty regime for defects of the good or product will be governed by the provisions set forth in Article 1484 et seq of the Civil Code. The deadline for exercising these actions is six months as from delivery of the Product.

In this regard, it is understood that the Products are in conformity with the contract as long as: they conform to the description given by MiiN Trade and possess the qualities presented therein; they are fit for consumption; and they present the usual qualities of a product of the same type and that could be essentially expected of the same. If this is not the case with respect to the Products delivered to the Customer, then the Customer should proceed as indicated in the section, Return of defective Products or shipping error.

However, some of the Products marketed on the WEBSITE could have non-uniform characteristics, as long as these are derived from the type of material with which they have been manufactured. These will therefore form a part of the individual appearance of the product and will not represent a defect.

Although MiiN Trade strives to ensure the accuracy of its product images and information, some manufacturing changes to packaging and/or ingredients may be pending updates on our website. Although items may occasionally be distributed with alternative packaging, quality is always guaranteed. We recommend that you read the labels, warnings and instructions on all products before using them and that you not rely solely on the information provided by MiiN Trade. The products distributed on the website are not intended for diagnosing, treating, curing or preventing any disease.

To make use of the warranty, the invoice or purchase receipt of the purchased Products must be presented.

14. REFERRAL PROGRAM

This customer referral program (hereinafter, "Referral Program") is promoted and organised by MiiN Trade.

The Referral Program is intended exclusively for Customers who meet the requirements set forth in these General Terms and Conditions and who participate in the Program as set forth in this section (hereinafter referred to as the "Customer" for the referring party and "Referred User” or “Referred Party" for the party referred to MiiN Trade).

Participation in the Referral Program will mean full and unreserved acceptance by the Customer and the Referred User of these General Terms and Conditions. MiiN Trade will not be bound by any other conditions. MiiN Trade’s failure to enforce any of these General Terms and Conditions on any occasion does mean that it waives its right to require compliance with any of these conditions. Application of the Referral Program is limited to www.miintrade.com (hereinafter, "Website") located in Spain. This Program allows recommending businesses related to our commercial activity (Beauty, Fashion and Asian culture) that are located in the European Union and that have not previously collaborated with www.miintrade.com in order to obtain a 5% discount for both parties (Customer and Referred User), when the Referred Party places its first order on MiiN Trade (www.miintrade.com).

  • Participation in the program

A Customer residing in the European Union or the United Kingdom who has registered electronically on the website and whose account has been approved on the same day will be eligible to participate in the Referral Program. The requirement for joining the Referral Program is to be a commercial company or self-employed professional.

Enrolment in the Referral Program is free of charge.

The Customer must complete the form indicated on our website in order to enjoy the benefits of the Program. Participation in the Program will always be done online, through our web page www.miintrade.com. The processing of Referral Program data is described in our Privacy Policy.

When participating and completing the form, the Customer must confirm that they have received the Referred User’s consent to:

(1) Share their data with MiiN Trade;

(2) Be contacted by MiiN Trade to register as a Collaborating Customer.

How to Obtain the Referral Program Discount

After the Customer has completed the form located at www.miintrade.com, as long as no restrictions apply, both parties will receive a confirmation email, therein stating that the data have been received correctly.

Our sales team will contact the Referred Party electronically or by telephone, and they will be provided with a unique discount code for when they place their order through www.miintrade.com. Once the order of the Referred Party has been confirmed and we have received payment, a unique promotional code will be provided to the Customer via email.

The Customer will be able to obtain the discount if:

(1) The Referred User has completed and paid for their first order at www.miintrade.com;

  • Withdrawal from the program

If you do not wish to continue participating in the program, please send an e-mail to sales@miin-cosmetics.com , with the subject LEAVE REFERRAL PROGRAM, and state your desire to be removed from the database.

  • Conditions of Participation in the Program

The accounts of referral program members are individual, personal and reserved for professional use. Consequently, they may not be transferred or used for personal use.

There can only be one account per person (same last name, first name, address, email and/or phone number). If incorrect data is entered in the Program form, the system will indicate an error. MiiN Trade reserves the right to make any checks it deems appropriate to verify the validity of participation in the Referral Program and/or use of the discounts associated with the account.

The Customer and the Party Referred to the MiiN Referral Program undertake to use the Program in accordance with the provisions of these Purchasing Conditions. Otherwise, MiiN Trade reserves the right to suspend or cancel the member's account and/or discounts.

Each member declares and assures that they meet the eligibility criteria and that they accept these conditions for participation in the MiiN Trade Referral Program. MiiN Trade’s terms and conditions may be updated at its sole discretion, in accordance with the terms that have been defined in these Wholesale Sale Conditions.

  • Advantages of the Referral Program

Discounts accumulated through the Referral Program cannot be transferred or redeemed for cash. If possible fraud is proved, MiiN Trade may close the accounts definitively, for which members may not consequently claim the benefits to any discounts or the payment of any indemnity or compensation whatsoever. In such case, MiiN Trade will notify the Member by any appropriate means.

  • Discount redemption

Members will be able to redeem their discounts in the purchasing process of www.miintrade.com in the form of unique and personal VOUCHERS for a 5% discount valid only on the total price of the Products, excluding shipping costs.

Once Members have redeemed their discounts, the referral process will be terminated. Discounts cannot be recovered.

For now, it is not possible to accumulate more than 2 Monetary Discount VOUCHERS in the same order, but they can be used in conjunction with any other commercial offer in progress at the time of purchase (unless stated otherwise in the commercial offer).

  • Suspension, deactivation or loss of the discount

MiiN Trade reserves the right to suspend, deactivate or withdraw discounts in the following cases, for which Members may not consequently claim any compensation:

  • Due to purchasing inactivity for more than 6 months in our online store www.miintrade.com.

  • Due to fraud, attempted fraud and/or theft by the various parties (Customer/Referred Party).

  • Due to payment incidents.

  • Due to a breach of the rules established in these Referral Program Conditions.

In the event of account suspension, the Member’s discounts and benefits will be deactivated for 1 month, which is the time for investigating if the account has been subject to fraud.

In the event of account deactivation, the member’s discounts and benefits will be permanently deleted.

  • Modification of the Conditions of the Referral Program

MiiN Trade reserves the right to modify the Referral Program and its general conditions described in this document, in particular to comply with any new legislation and/or regulations that may be applicable and/or to improve the Loyalty Program. Any change will be incorporated into these General Conditions.

MiiN Trade reserves the right to suspend or terminate the Referral Program, in particular if the circumstances so require it. In such case, Members may not demand any compensation in this regard. MiiN Trade will make every effort to inform Program Members about suspension or termination of the Referral Program as soon as possible and by any appropriate means.

In the event of definitive termination of the Referral Program or a complete revision of this Program that leads to the loss of valid discounts, Members will be informed by all appropriate means (telephone, email, SMS).

15. DISCLAIMER OF LIABILITY

MiiN Trade will not assume any liability, whatever the cause, whether for direct or indirect damages, consequential damages and/or lost profits.

MiiN Trade may not be held liable for the use that a Customer may make of the content of the WEBSITE, or of their passwords, as well as of any other material contained therein that may involve a violation of any type of national or international standard of intellectual or industrial property rights or any other right of third parties.

MiiN Trade also limits its liability regarding the following cases:

  • MiiN Trade applies all measures tending to provide true visualization of the Product on the WEBSITE. However, it is not liable for any slight differences or inaccuracies that may exist due to a lack of screen resolution or problems related to the browser being used or others of such nature.

  • MiiN Trade will act with the utmost diligence in order to make the purchase order available to the company in charge of transporting the Product. However, it is not liable for damages arising from a malfunction of transport, especially for causes such as strikes, adverse weather conditions, road delays and, in general, any other causes typical of the sector, resulting in delays, losses or theft of the product.

  • Technical failures that, due to fortuitous or other causes, prevent normal operation of the service through the Internet. A lack of availability of the WEBSITE, due to maintenance or other reasons, which prevents availability of the service. MiiN Trade makes every effort to carry out the Product purchasing, payment and shipment/delivery process, however it may not be held liable for causes not attributable to it, including fortuitous events or force majeure.

  • MiiN Trade will not be liable for misuse and/or wear and tear of Products that have been used by the Customer.

  • In general, MiiN Trade will not be liable for any failure or delay in the performance of any of the assumed obligations when the same is due to events beyond its reasonable control, i.e. due to force majeure, which may include but is not limited to the following:

  • Strikes, lockouts or other protests.Civil commotion, riot, invasion, pandemic, state of alarm, terrorist threat or attack, war (declared or undeclared) or threat of or preparation for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.

  • Impossibility of using trains, ships, airplanes, motor transport or other means of transport, whether public or private.

  • Inability to use public or private telecommunications systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Consequently, obligations will be suspended during the period when force majeure continues, and MiiN Trade will have an extension in the deadline to fulfil those obligations for a period of time equal to the duration of the force majeure.

MiiN Trade assures that the Products conform to their description and are free from material defects. MiiN Trade will not be liable for the condition of returned Products when the Customer has misused them, has not stored them under the proper conditions or has not proceeded to sell them before their expiry date, even in cases of fortuitous events or force majeure.

16. INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual property rights over the contents of the WEBSITE (including the sui generis right over the database), its graphic design, distinctive signs (trademarks, logos, trade names and slogan or advertising slogan) and the underlying computer programs (including source codes), as well as the various elements that make up the Website (text, graphics, photographs, videos, etc.), correspond to MiiN Trade, or it has, where appropriate, the right to use and exploit them, and in this sense they constitute works protected by intellectual and industrial property legislation in force.

Use of the WEBSITE by the Customer in no way implies the transfer of any intellectual and/or industrial property rights over the Website, its contents and/or the distinctive signs of MiiN Trade.

In accordance with the provisions of the Intellectual Property Law, the reproduction, transformation, distribution and public communication of the contents of the WEBSITE for profit or commercial purposes, without the authorization of MiiN Trade, is prohibited.

Regarding the visualization or downloading of WEBSITE contents protected by intellectual property regulations, the use thereof will be possible, provided that:

  1. there is prior authorization from MiiN Trade.

  2. it is done for the exclusive purpose of personal and private use and never for being incorporated into other websites or catalogues.

17. DATA PROTECTION

The information or personal data you provide about yourself and the company registered on our website will be treated in accordance with the provisions of the Data Protection Policy. All the information or data you provide when using this website must be truthful and correspond to reality. We suggest you read our complete Privacy Policy to understand in detail the use we will make of your personal data and the rights you have regarding them.

18. SECURITY

MiiN Trade makes every effort to ensure that browsing through this WEBSITE takes place under the best conditions. Our e-commerce system is hosted on a server, wherefore all confidential information is sent in a completely secure manner, using the SSL (Secure Socket Layer) data encryption system.

It is forbidden to decompile, reverse engineer, sublicense or in any way transmit, translate or make derivative works of the computer programs that are necessary for the operation of, access to and use of this WEBSITE and the services contained therein. The Customer of the WEBSITE must abstain, in any event, from suppressing, altering, evading or manipulating any protection devices or security systems that may be installed in the same.

MiiN Trade will not be liable for any damages of any kind suffered by Customers due to the use of browsers or versions other than the browsers for which this WEBSITE has been designed.

19. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this WEBSITE, the Customer agrees that most communications with MiiN Trade will be electronic (email or notices posted on the WEBSITE).

For contractual purposes, the Customer consents to using this electronic means of communication and acknowledges that all contracts, notices, information and other communications that MiiN Trade might send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law for the Customer.

The Customer may send notifications and/or communicate with MiiN Trade through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the WEBSITE.

Likewise, unless otherwise stipulated, MiiN Trade may contact and/or notify the Customer via email or at the postal address provided.

20. WAIVER

No waiver by MiiN Trade of any particular legal right or remedy nor any failure by MiiN Trade to require strict compliance by the Customer with any of the obligations thereof will constitute or waive any other right or remedy arising under a contract or the Conditions, and it will not relieve the Customer from compliance with the obligations thereof.

No waiver by MiiN Trade of any of these Conditions or of any rights or remedies under any contract will be effective unless it is expressly stated to be a waiver and is formalised and communicated to the Customer in writing.

21. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, all the other clauses will remain in force, without being affected by such declaration of nullity.

22. FULL AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the Customer and MiiN Trade in relation to the subject matter of the sale and purchase, and they supersede any prior covenant, agreement or promise made orally or in writing by the same parties.

The Customer and MiiN Trade acknowledge that they have consented to entering into a contract without having relied on any representation or promise made by the other party, except as expressly mentioned in these Conditions.

23. APPLICABLE LAW AND JURISDICTION

These Conditions of Sale will be interpreted in accordance with the rules of Spanish law, independently of the Customer’s country of residence and the place from which the order is placed, excluding the Vienna Convention on the International Sale of Goods of 1980.

The applicable law in case of a dispute or a conflict of interpretation of these General Conditions will be Spanish law.

For the resolution of any dispute that may arise in relation to these Conditions or on the occasion of visiting the WEBSITE, MiiN Trade and the Customer will submit to the jurisdiction of the Courts and Tribunals of Barcelona (Spain).

24. COMPLAINTS AND CLAIMS

The Customer may send, to MiiN Trade, any complaints, claims or any other comments that the Customer may wish to make through the contact details provided at the beginning of these Conditions.