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Terms and conditions for the use of the portal www.mihapi.com

The present conditions of use of the website regulate the terms of access and use of www.mihapi.com, hereinafter “the Company”, which the user of the portal must accept in order to use all the services and information provided by the portal.

The user as well as the Company, owner of the portal, may be jointly referred to as the parties. The mere access or use of the portal, of all or part of its contents and services means the full acceptance of the present conditions of use. The provision and use of the portal is understood to be subject to strict compliance with the terms contained in these conditions of use of the portal.

Portal content

Information and services

Users can access a wide variety of information and services through the portal. We reserve the right to modify, at any time and without prior notice, the presentation and configuration of the information and services offered.

The user expressly acknowledges and accepts that at any time we may interrupt, deactivate and/or cancel any information or service offered on the portal. Although we make every effort to ensure the availability and accessibility of the website, it may sometimes be necessary to interrupt access to the portal for maintenance, updating, change of location or other reasons.

We undertake to use our best efforts to minimize such interruptions and to restore access as soon as possible. However, we do not guarantee the continuous and permanent availability of the portal, as it may be affected by factors beyond our control.

In addition, we reserve the right to limit access to certain parts of the Site, or the entire Site, at our discretion, and to establish specific requirements for the use of certain features or services.

If you have questions or need assistance with any information or service, our customer service team is available to help you through the available means such as phone or email among others.

Responsibility of the Portal for the contents

Accuracy of Information:

We strive to ensure that the information provided on our website is accurate and up to date. However, we do not warrant that the text, descriptions or any other content of the website is free from typographical errors, inaccuracies or outdated information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without notice.

Product Images:

The product images shown on the website are for illustrative purposes only. While we make every effort to display product colors and details as accurately as possible, images may not accurately reflect the actual product color due to users’ display and device configurations. Slight color variations will not be considered a product defect.

Tailor-made products:

Custom products are manufactured specifically according to the specifications provided by the customer. As a result, there may be slight differences between the delivered product and the generic model shown on the website. These variations are normal and will not affect the functionality of the product. We understand that each custom product is unique and may have minor differences compared to the images and general descriptions.

Variations and Adaptations:

It is possible that the product received may present slight variations compared to the images and descriptions on the website due to necessary adaptations in the manufacturing process. These variations may include adjustments in design, materials or minor details that do not compromise the quality or functionality of the product.

Limited Liability:

We will not be responsible for typographical errors, inaccuracies in descriptions or minor product variations. If you have any questions or concerns about a specific product, we recommend that you contact our customer service before making your purchase.

User Obligations

The user undertakes to use the portal in a responsible manner, in accordance with the law, morality, public order and these terms of use. In particular, the user agrees to:

1. Proper Use of the Portal:
– Use the portal exclusively for personal and non-commercial purposes.
– Do not use the portal for illicit or fraudulent activities or activities that violate the rights of third parties.
– Refrain from introducing, storing or disseminating through the portal any content that infringes intellectual or industrial property rights or any other applicable regulations.

2. Truthfulness of the Information:
– Provide truthful, accurate, complete and updated information in all forms available on the portal.
– Do not impersonate third parties or misrepresent their identity in the use of the portal.

3. Portal Security:
– Do not enter, store or disseminate through the portal any content that may damage computer systems, software, hardware or telecommunications equipment of the company or third parties, including viruses and other malicious code.
– Do not attempt to access, use or manipulate the data of the company, other users or restricted systems of the portal.

4. Content and Conduct:
– Do not post, transmit or share content that is defamatory, libelous, obscene, offensive, violent or incites hatred or discrimination based on race, gender, religion, sexual orientation, nationality or any other status.
– Respect the privacy and confidentiality of other users and the company.

5. Intellectual Property Rights:
– Do not reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents of the portal without the authorization of the holder of the corresponding rights.

6. Interaction with the Portal:
– Do not use the portal in any way that could overload, damage or disable the networks, servers and other computer equipment of the company.
– Do not hinder the use of the portal by other users.

7. Legal Compliance:
– Comply with all applicable laws and regulations in connection with the use of the portal.

Indemnification:
You agree to indemnify and hold the Company, its officers, employees and agents, harmless from any damage, loss, liability, claim or demand (including attorneys’ fees) arising out of your use of the Site or your breach of these obligations.

LOPD Compliance

Purpose of Processing:

The personal data collected will be used for the following purposes:
– To manage and process orders placed through the portal.
– To improve our products and services through statistical analysis and studies.
– To answer queries, requests and complaints from users.

Legal Basis for Processing:

The processing of personal data is based on:
– The performance of a contract to which the data subject is a party, for the management of orders and services.
– The fulfillment of legal obligations applicable to the company.
– The legitimate interest of the company for the improvement of its products and services.

User Rights:

The user has the right to:
– Access their personal data.
– Request the rectification of inaccurate data.
– Request the deletion of their data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
– Request the limitation of the processing of their data.
– Oppose the processing of their personal data.
– Request the portability of their data to another responsible.

To exercise these rights, the user can contact us at hola@mihapi.com or send a written request to C/Andrés Lambert 24, 1º Dch. 03730, Jávea, Alicante.

Security Measures:
We have implemented appropriate technical and organizational measures to ensure the security and integrity of personal data, as well as to prevent its loss, alteration, processing or unauthorized access.

Data Retention:
Personal data will be kept for the time necessary to fulfill the purposes for which they were collected and as long as their deletion is not requested by the interested party. Subsequently, they will be kept duly blocked for the time necessary to comply with the applicable legal obligations.

International Data Transfers:
In the event of international data transfers, we guarantee that appropriate security measures will be implemented in accordance with the applicable regulations.

Privacy Policy:
For more information about the treatment of your personal data, please see our Privacy Policy.

General Terms and Conditions

Return and exchange policy

Consumers have the right to withdraw from the online purchase contract within 14 calendar days from receipt of the product, without justification.

Exceptions to the Right of Withdrawal:

– Customized or tailor-made products.

– Products that are not suitable to be returned for hygienic reasons if they have been unsealed after delivery.

– Goods that may deteriorate or expire rapidly.

Conditions for Product Return:

You can return the products as long as:

– Are unused.

– Send them in their original packaging.

– Make the return within 14 calendar days of receipt.

– It is not a custom-made product.

Return and Refund:

The consumer must bear the direct cost of returning the goods.

To initiate the return process, you must contact us and indicate that you want to make a return. We will guide you through the necessary steps for the refund of the amount paid for the purchase.

You must send us the product within 14 calendar days by post or courier to the following address: C/ Andrés Lambert 24, 1º Dcha., postal code 03730, Jávea, Alicante.

Upon receipt of the product and after verifying that it meets the return requirements, we will proceed to make the refund. The amount to be paid will be the amount you paid for that order at the time of purchase. The period of time between making the refund and receiving the money may vary depending on the payment method used.

Customized Products:

Custom-made products (e.g. splints, prostheses, custom-made knee protectors, etc.) are not subject to the right of withdrawal and cannot be returned.

Size changes:

You have a period of 14 calendar days from the reception of the product to change the size if the size you have purchased is not the right one.

The product must be sent in the same conditions in which it was received, with the requirements that it must be in good condition and not have been used.

To make the change, you must send us the product with the size you do not want within 14 calendar days by mail or courier to the following address: C/ Andrés Lambert 24, 1º Dcha., postal code 03730, Jávea, Alicante.

Upon receipt of the product and after verifying that it meets the requirements for the change, we will send the new size to the same address where the order was placed, unless new delivery details are notified through the right of access and rectification of the customer’s data.

Delivery times

Delivery Times

Processing Times

Products in stock: For products in stock, the processing of the order is immediate once placed, always within our working hours. In stock orders placed before 1pm can be shipped the same day with 24/48 hour shipping. Orders placed on weekends or holidays will be processed the next business day.

Customized products: see General Terms and Conditions for Customized Products.

Shipping Areas:

We ship to mainland Spain and Balearic Islands directly through the purchase in the portal. For orders to the Canary Islands it is necessary to request a quotation through previous contact for customs management.

Estimated Delivery Times:

– Peninsular Spain and Balearic Islands: 24/48 hours.

– Canary Islands: Variable delivery time, subject to customs clearance.

The carrier cannot guarantee a shorter delivery time for a standard shipment.

Delays and Exceptions:

Shipping and delivery times are estimates and may vary due to external factors such as adverse weather conditions, strikes, customs problems or any other circumstances beyond our control. In case of significant delays, we will contact you to inform you and offer you a solution.

Order Tracking:

Once your order has been shipped, you will receive an email with tracking information so you can track your package at all times.

Shipping costs:

Standard shipping costs are free of charge throughout the web portal for the national territory (mainland Spain and Balearic Islands).

Delivery Failed:

If the order cannot be delivered for reasons attributable to the customer (e.g. incorrect address, absence of the recipient, etc.), we will contact you to reschedule the delivery. If the package is returned to our facilities, the customer must bear the additional costs of reshipment.

Changes in the Delivery Address:

If you need to change the delivery address after you have placed your order, please contact us as soon as possible. We will do our best to update the address as long as the order has not been shipped. Please note that this may delay the delivery time.

Prices

Price Transparency:

All the prices of the products offered on our website are indicated in Euros (€) and include the corresponding Value Added Tax (VAT), in accordance with the legislation in force in Spain and the European Union.

Price Variation:

We reserve the right to change product prices at any time. However, changes will not affect orders that have already been confirmed.

Promotions and Discounts:

From time to time, we may offer promotions and discounts on certain products or for certain periods of time. The specific terms of these promotions will be clearly indicated on the portal and will be subject to product availability.

Additional Costs:

Prices shown do not include shipping costs, which will be calculated and displayed during the checkout process before you complete your order. For shipments to the Canary Islands and outside the European Union, orders may be subject to additional taxes and customs duties, to be borne by the customer.

Pricing Errors:

In the event that an error is detected in the price of a product that has already been ordered, we will contact you as soon as possible to inform you and offer you the option to confirm the order at the correct price or cancel the order at no cost. If we are unable to contact you, the order will be considered cancelled and you will be refunded in full.

Terms of payment

The customer declares that he/she has full legal capacity to make purchases on this portal, being of legal age and in possession of a valid credit or debit card issued by a bank acceptable to the company. The customer guarantees and is responsible for the correctness, completeness and up-to-dateness of all the data provided about his card.

Warranty

Legal Warranty:

All products offered on our website are covered by the legal guarantee of conformity, as established by Spanish and European legislation (Royal Legislative Decree 1/2007 and Directive 1999/44/EC). This warranty covers any lack of conformity that becomes apparent within two years of delivery of the product.

Warranty Conditions:

In case of defective product, we will proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, which will be free of charge for the consumer. The customer must inform us of the lack of conformity within two months of becoming aware of it.

Warranty Exclusions:

The warranty does not cover:

– Normal product wear and tear.

– Damage caused by misuse, negligence, knocks, accidents or unauthorized modifications.

– Products that have been tampered with or repaired by unauthorized third parties.

Warranty Claim Process:

To make use of the warranty, you must contact us and provide the following information:

– Order number.

– Detailed description of the defect or problem.

– Photographs or videos of the defect, if possible.

Our team will evaluate the claim and will indicate the steps to follow for the repair or replacement of the defective product.

Consumer Rights:

The exercise of the warranty does not affect the rights recognized by the legislation in force. In addition to the legal warranty, you may be entitled to other additional warranties offered by the manufacturer. See product documentation for more information on these additional warranties.

Applicable Law and Jurisdiction

This contract shall be interpreted and governed in accordance with current Spanish legislation, including Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the General Conditions of Contract, and applicable laws on Retail Trade, Consumers and Users.

Both the portal www.mihapi.com and the user agree to submit any dispute or controversy that may arise in connection with the interpretation or execution of this contract to the jurisdiction of the courts and tribunals of Denia, expressly waiving any other jurisdiction that may correspond to them.

General Terms and Conditions for Customized Products

Definition and Scope of Application

These general terms and conditions apply exclusively to the purchase of custom-made products offered on our website. Custom-made products are those that are manufactured according to the specifications provided by the customer and that, by their nature, cannot be sold to other users.

Ordering Process

Request and Confirmation: The customer must provide detailed specifications for the custom product through the forms enabled on the portal. Once the request is received, an order confirmation will be sent to the customer, including a summary of the specifications and the total price.

Modification of Specifications: Any changes in specifications must be communicated before the manufacturing process begins. Once production has begun, no changes in specifications will be accepted.

Pricing and Payment

Pricing: The price of customized products will be calculated based on the specifications provided by the customer and will be communicated prior to order confirmation.

Forms of Payment: We accept payment by credit card, debit card and other forms of payment specified in the portal. Full payment must be made before starting the manufacturing process.

Processing and Delivery Times

Processing Times: Processing times vary by product type. For example:
Custom-made splints: 1-2 business days.
Wheelchairs: 4-5 business days.

Although we always try to meet the minimum order processing times, there are external and internal factors that may alter these deadlines, such as manufacturing defects, quality control failures, machinery breakdowns, staff unavailability, local holidays, etc., so the figures mentioned are indicative.
Delivery Times: Once processing is completed, delivery times will be the same as for products in stock, with the possibility of small variations due to customization.

Responsibility for Measurement

We cannot be held responsible for the accuracy of the measurements provided by the customer. Therefore, it is essential that the measurements are reliable and verified before manufacturing.
If there is an error in manufacturing due to incorrect measurements provided by the customer, the responsibility will fall on the customer, who must assume the costs derived from the necessary repair or modification.

Manufacturing Lead Time Variability

Manufacturing lead times may vary due to external and internal factors, such as manufacturing defects, quality control failures, machinery breakdowns, personnel unavailability or local holidays. The above figures are indicative and not binding.

Exclusion of Liability for Customer's Physical Changes

We are not responsible for the inadequacy of the custom-made product due to physical changes of the customer, such as changes in weight, growth or worsening of health status, occurring after the product has been measured and manufactured.

Right of Withdrawal and Returns

Exclusion of the Right of Withdrawal: Custom-made products are not subject to the right of withdrawal, in accordance with current regulations on consumer protection.
Returns for Defects: In the event that the product has manufacturing defects or does not meet the agreed specifications, the customer must notify us within 14 days of receipt of the product. We undertake to repair or replace the defective product at no additional cost to the customer.

Customer Obligations

Accuracy of Information: The customer agrees to provide accurate and detailed information for the manufacture of the custom product.
Proper Use: The customer agrees to use the product in accordance with the instructions provided and to perform proper maintenance.

Limitation of Liability

We shall not be liable for indirect, incidental or consequential damages arising out of the use or inability to use the custom-made product, except in cases of gross negligence or willful misconduct on our part.