TERMS AND CONDITIONS

This website is operated by Mercminds. Throughout the website, the terms “we,” “us,” and “our” refer to Mercminds. Mercminds provides this website, including all information, tools, products, and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms”), including any additional terms, conditions, and policies referenced herein and/or made available by hyperlink.

These Terms apply to all users of the website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

Any new features, products, services, or tools added to the current website or store will also be subject to these Terms.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are legally permitted to use this website and purchase products through our store under the laws applicable in your jurisdiction.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws or regulations, including, without limitation, copyright and intellectual property laws.

You must not transmit worms, viruses, malicious software, destructive code, or any other harmful technology.

A breach or violation of any provision of these Terms may result in immediate suspension or termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content, excluding payment information, may be transferred through various networks and may be modified as necessary to conform and adapt to the technical requirements of connecting networks or devices.

Payment and credit card information is handled through applicable secure payment systems and is encrypted during transmission where required by the relevant payment provider.

You agree not to reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Service, use of the Service, access to the Service, or any contact through which the Service is provided without our prior written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information presented on this website is accurate and current. However, we do not guarantee that all information made available on this site is accurate, complete, reliable, or up to date.

The material on this website is provided for general information purposes and should not be relied upon as the sole basis for making important decisions without consulting primary or more current sources of information.

Any reliance on material available through this website is at your own risk.

This website may contain historical information. Historical information is provided for reference purposes only and may not be current.

We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information except where required by applicable law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Services are subject to change without notice.

We reserve the right, at any time, to modify, suspend, restrict, or discontinue the Service, or any part or content thereof, without prior notice, subject to applicable law.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service, except where liability cannot lawfully be excluded.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and may be returned or exchanged only in accordance with our applicable Return and Refund Policy.

We have made reasonable efforts to display the colors, dimensions, features, specifications, and images of our products as accurately as possible. However, we cannot guarantee that the display of any color, image, or product detail on your device will be completely accurate.

Product images may appear differently depending on lighting conditions, screen settings, device type, production batches, or other factors.

We reserve the right, but are not obligated, to:

limit the sale of our products or Services to any person, geographic region, or jurisdiction;
limit the quantities of any products or Services we offer;
modify product descriptions, specifications, or pricing at any time without notice;
discontinue any product or Service at any time; and
cancel or refuse orders where permitted by applicable law.

Any offer for any product or Service made on this website is void where prohibited.

Unless expressly stated otherwise, we do not guarantee that products, Services, information, or other materials purchased or obtained through the Service will meet every individual expectation or preference.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order you place with us, subject to applicable law.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per customer account, per payment method, per billing address, per shipping address, or per order.

These restrictions may include orders placed by or under:

the same customer account;
the same credit card or payment method;
the same billing address; or
the same shipping address.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, shipping information, or telephone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by unauthorized dealers, resellers, distributors, fraudulent users, or parties engaged in abusive purchasing practices.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store.

You agree to promptly update your account and other information, including your email address, payment information, and expiration dates, so that we can complete transactions and contact you when necessary.

For additional information, please review our Return and Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools, applications, platforms, or services over which we do not monitor and have no control or input.

You acknowledge and agree that access to such third-party tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement by us.

To the maximum extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional third-party tools is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms and policies of the relevant third-party provider.

We may also introduce new Services, features, tools, applications, or resources through the website in the future. Such features and Services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, tools, and Services available through our website may include materials or services provided by third parties.

Third-party links may direct you to websites that are not affiliated with Mercminds.

We are not responsible for examining or evaluating the content, accuracy, security, availability, or practices of third-party websites, and we do not warrant or assume liability for third-party materials, websites, products, or Services.

We are not responsible for harm or damages arising from the purchase or use of goods, Services, resources, content, or transactions conducted through third-party websites, except where such liability cannot lawfully be excluded.

Please carefully review the policies and practices of any third party before entering into a transaction.

Complaints, claims, concerns, or questions regarding third-party products or Services should be directed to the applicable third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments, reviews, ideas, suggestions, proposals, plans, photographs, videos, or other materials to us, whether online, by email, by postal mail, through social media, or otherwise, you agree that, subject to applicable law and our Privacy Policy, we may use such materials as permitted by the rights you grant to us.

Unless otherwise agreed in writing, you understand that we are under no obligation:

to maintain submissions in confidence;
to pay compensation for submissions; or
to respond to submissions.

We may, but are not obligated to, monitor, edit, restrict, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, objectionable, or in violation of intellectual property rights or these Terms.

You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your submissions will not contain:

unlawful, abusive, defamatory, or obscene material;
malicious software, viruses, or harmful code;
knowingly false or misleading information; or
content intended to interfere with the operation of the Service or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any submission.

You are solely responsible for the content and accuracy of your submissions.

SECTION 10 – PERSONAL INFORMATION

Your submission and processing of personal information through the website or store are governed by our Privacy Policy.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, stored, disclosed, and protected.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to matters including:

product descriptions;
product specifications;
pricing;
promotions;
offers;
discounts;
shipping charges;
delivery times;
inventory;
product availability; or
other website content.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted an order, subject to applicable law.

Where permitted by law, we may cancel an order if material information relating to the order was inaccurate.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website except as required by applicable law.

Any stated update or refresh date should not be interpreted as confirmation that all information on the website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the website, Service, or content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate against others;

(f) to submit false, fraudulent, or misleading information;

(g) to upload or transmit viruses, malware, malicious code, or other technology that may affect the functionality or operation of the Service, related websites, other websites, devices, systems, or the Internet;

(h) to unlawfully collect, monitor, or track personal information belonging to others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar abusive activities;

(j) for obscene, fraudulent, deceptive, or unlawful purposes;

(k) to interfere with or circumvent security features of the Service, related websites, other websites, systems, or the Internet;

(l) to gain unauthorized access to any account, system, network, database, or Service; or

(m) to engage in conduct that could damage, disable, overburden, or impair the website or Service.

We reserve the right to suspend or terminate your use of the Service or any related website if you violate these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that all results obtained through the use of the Service will be accurate, complete, or reliable.

You acknowledge that, from time to time, we may suspend or remove the Service for maintenance, technical, operational, security, legal, or other reasons.

Except as expressly stated by us or required by applicable law, the Service and all products and Services provided through the Service are offered on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions, express or implied, including implied warranties or conditions of:

merchantability;
merchantable quality;
fitness for a particular purpose;
durability;
title; and
non-infringement.

To the maximum extent permitted by applicable law, Mercminds and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, subcontractors, and licensors shall not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages, including, without limitation:

lost profits;
lost revenue;
lost savings;
loss of data;
business interruption;
replacement costs; or
similar losses.

This limitation applies whether a claim arises in contract, tort, negligence, strict liability, or otherwise, even where we have been advised of the possibility of such damages.

Because some jurisdictions do not permit certain exclusions or limitations of liability, our liability in such jurisdictions will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 14 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mercminds and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from claims, demands, losses, liabilities, damages, and reasonable attorneys’ fees arising from or relating to:

your breach of these Terms;
your violation of documents incorporated into these Terms by reference;
your violation of applicable law; or
your infringement or violation of the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement where applicable.

These Terms remain effective unless and until terminated by either you or us.

You may terminate your relationship under these Terms by ceasing use of our Services and, where applicable, notifying us that you no longer wish to use the Services.

If, in our reasonable judgment, you fail or we reasonably suspect that you have failed to comply with any provision of these Terms, we may suspend or terminate your access to the Service, subject to applicable law.

You will remain responsible for amounts lawfully due up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with policies, notices, and operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, concerning the same subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against either party solely because that party drafted the Terms.

SECTION 18 – GOVERNING LAW

GOVERNING LAW- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law of Spain.

SECTION 19 – CHANGES TO TERMS AND CONDITIONS

You may review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting revised terms or updates on our website.

Where required by applicable law, we will provide additional notice of material changes.

It is your responsibility to review this page periodically.

Your continued use of or access to the website or Service following the effective date of revised Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 20 – TAXES AND IMPORT DUTIES

Sales Tax

Applicable sales tax may be collected on orders in accordance with federal, state, local, and other applicable tax requirements.

The amount and treatment of sales tax may vary depending on factors including the customer’s location, shipping destination, product type, and applicable law.

Where taxes are included in the displayed product price, this will be reflected during the applicable purchasing process. Where taxes are calculated separately, the relevant amount may be shown at checkout.

Import Duties for International Shipments

International orders may be subject to:

import duties;
customs charges;
taxes;
brokerage fees;
processing fees; or
other charges imposed by the destination country or relevant authorities.

These charges vary by destination and are generally determined by local customs authorities or other government agencies.

Unless expressly stated otherwise at checkout, such fees are not collected or controlled by Mercminds and are the responsibility of the recipient or customer.

Mercminds encourages customers to review potential import costs and local requirements before placing an international order.

Mercminds does not generally refund customs duties, import taxes, government charges, or other external fees paid directly to third parties.

Where required for international shipment, packages and customs documentation will be completed in accordance with applicable postal, customs, import, and export regulations.

Customers are responsible for ensuring that products ordered are lawful and eligible for import into the destination country.

SECTION 21 – WARRANTY

Warranty Coverage

Mercminds is committed to providing reliable, high-quality products and customer support.

Unless otherwise stated on the applicable product page, product packaging, warranty card, or order documentation, eligible Mercminds products may be covered by a limited warranty against qualifying defects in materials or workmanship under normal and intended use.

Warranty periods may vary by product category. Where a specific warranty period applies, the applicable period will be identified in the relevant product listing, product documentation, or warranty information provided with the product.

Service Process

If you experience an issue with a Mercminds product, please contact our customer service team and provide relevant information, which may include:

your order number;
purchase date;
product model or item number;
a description of the issue;
photographs or videos showing the issue; and
any other information reasonably necessary to evaluate the claim.

Our customer service team may provide troubleshooting instructions or request additional information to determine the appropriate solution.

Where a valid warranty claim is confirmed, Mercminds may, at its discretion and subject to applicable law:

provide troubleshooting assistance;
provide replacement parts;
repair the eligible product;
replace the eligible product;
offer an appropriate refund or store credit; or
provide another reasonable remedy.

Warranty Exclusions

Unless otherwise required by applicable law or expressly stated in a product-specific warranty, warranty coverage does not apply to damage or problems caused by:

misuse or abuse;
improper installation;
improper assembly;
unauthorized modification;
unauthorized repair;
accidental damage;
neglect;
failure to follow product instructions;
use outside the product’s intended purpose;
abnormal environmental conditions;
improper storage;
normal cosmetic deterioration;
consumable components;
ordinary wear and tear where not expressly covered;
loss or theft; or
damage caused by events outside our reasonable control.

Proof of Purchase

We may require valid proof of purchase before processing a warranty claim.

Acceptable proof may include an order confirmation, receipt, invoice, or other documentation reasonably sufficient to verify the original purchase.

Replacement Products and Parts

Where a replacement is approved, the replacement product or component may be new or functionally equivalent, subject to availability and applicable law.

Product appearance, packaging, components, or specifications may vary due to updates, production changes, or availability, provided that any replacement remains reasonably suitable for its intended function.

Processing Time

Warranty processing times vary depending on:

the nature of the issue;
product availability;
shipping destination;
availability of replacement parts;
the information provided by the customer; and
other circumstances relevant to the claim.

We will make reasonable efforts to process valid claims promptly.

Consumer Rights

This warranty is provided in addition to any rights and remedies available to consumers under applicable law.

Nothing in this warranty is intended to exclude, restrict, or modify any legal right or remedy that cannot lawfully be excluded, restricted, or modified.

CONTACT INFORMATION

Questions regarding these Terms and Conditions, orders, products, returns, warranties, or other customer service matters may be directed to Mercminds through the contact information provided on our website.