Conditions of Use and Sale
Our data
This website www.milimood.com is the property of Eduardo Font Buitrago, NIF 47159918M, in C/ Cami Reial, 292 A de Palau-Solità i Plegamans, C.P. 08184 de Barcelona (Spain) who is also responsible for its maintenance. MiliMood Military Outfitter, hereinafter MiliMood, is the trade name of Eduardo Font Buitrago.
Milimood provides website features and other products and services to you when you visit or shop at www.Milimood.com (the "Website"), use Milimood's devices, products or services, use Milimood's applications for mobile devices or use software made available by MiliMood in connection with the foregoing (the "MiliMood Services" and individually, each, the "MiliMood Service"). MiliMood provides the MiliMood Services to you on the terms and conditions set forth on this page.
Terms of use
Please read these terms carefully before using the MiliMood Services. By using the MiliMood Services, you agree to be bound by these terms. We offer a wide range of Services on MiliMood and additional terms may apply from time to time. In addition, each time you use any MiliMood Service, you will also be subject to the general terms and conditions and the particular terms and conditions applicable to such MiliMood Services (the "Services Terms and Conditions"). The General Terms and Conditions of the Services shall prevail over these Terms of Use in the event of any inconsistency between the two.
1. Electronic Communications
Whenever you use a MiliMood Service or send us an email, text message (SMS) or other communication from your computer or mobile device, you are communicating electronically with us. We will contact you electronically by various means, such as by email, text message (SMS), in-app notifications, or by posting messages or email communications on the website or through any other MiliMood Service, such as our Messaging Service. For purposes of this Agreement, you agree that all agreements, notices and other notices and communications that we send to you by electronic means satisfy any requirement of written form, unless any applicable law mandatorily requires a different form of communication.
2. Copyright, Intellectual Property Rights and Database Rights
All content hosted or made available on any of the MiliMood Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of MiliMood or its content suppliers and are protected by international intellectual property rights, copyright and database rights laws. The entire body of all content hosted or made available through any MiliMood Service is the exclusive property of MiliMood, and is protected by international copyright and database right laws.
No systematic extraction or reuse of any part of the content of any MiliMood Service is permitted without our express written consent. In particular, the use of search and data mining tools or robots for the extraction (whether on one or more occasions) of substantial portions of the MiliMood Services for reuse is not permitted without our express written consent. You are also not permitted to create or publish your own databases when they contain substantial portions of any of the Milimood Services (e.g., our product lists and price lists) without our express written consent.
3. Trademarks
The graphics, logos, page headers, button icons, scripts and service names contained in or available through the MiliMood Services are trademarks or trade dress of MiliMood. You may not use MiliMood's trademarks or trade dress in connection with any product or service that is not MiliMood's, or in any manner that is likely to cause confusion among users or in any manner that disparages or discredits MiliMood. All other trademarks not owned by MiliMood that are included in or available through the MiliMood Services belong to their respective owners, who may or may not be affiliated with or otherwise related to MiliMood, or sponsored by MiliMood.
4. License and Access
Subject to your compliance with these Terms of Use and the applicable Terms of Service and payment of the applicable fee, if any, MiliMood grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the MiliMood Services for personal, non-commercial purposes. Such license does not include any right of resale or commercial use of the MiliMood Services or its contents, or any right to compile or use any product listings, descriptions or prices. Nor does it include the right to make any derivative use of the MiliMood Services or its contents, or to download or copy any account information for the benefit of another company, or to use any search and data mining tools or robots or the like.
MiliMood and its licensors, suppliers, publishers, rights holders or other content providers reserve any rights not expressly granted in these Terms of Use or the General Terms of Services.
You may not reproduce, duplicate, copy, sell, resell or otherwise exploit the MiliMood Services or any portion thereof for any commercial purpose, in each case without our prior written consent.
You also may not use framing techniques to introduce any trademark, logo or other copyrighted information (including images, text, page layout or formatting) of MiliMood without our prior written consent. You may not use meta tags or any other "hidden text" utilizing MiliMood's names or trademarks without our prior written consent.
Please make proper use of the MiliMood Services. You are only permitted to use the MiliMood Services in a lawful manner. Any breach by you of these Terms of Use or the General Terms and Conditions of the Services will result in the termination of the permission or license granted by MiliMood.
5. Your Account
To use some of the MiliMood Services, you may need to be registered with your MiliMood account or supplement your information with an associated shipping and/or billing address. Click here if you wish to register.
When using the MiliMood Services you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and devices. To the extent permitted by applicable law, you agree to assume responsibility and liability for all activities that occur under your account or using your password. You shall take all necessary steps to secure and safeguard the confidentiality of your password, and you shall inform us immediately if you have reason to believe that your password has been disclosed to any third party, or if it has been, or is likely to be, used in an unauthorized manner. It is your responsibility to check that the information you provide is correct and complete, and you are obliged to inform us immediately if there is any change in the information you have provided. You can access and update your information through the My Account section of the website.
You may not use any MiliMood Service: (i) in any way that causes, or is likely to cause, any damage or injury to any MiliMood Service or interruption of access thereto; or (ii) for any fraudulent purpose, or for the purpose of committing any crime or other unlawful activity of any other kind; or (iii) to cause any annoyance, inconvenience or anxiety to any third party.
We reserve the right to prevent access to the MiliMood Services or to terminate your account if your behavior constitutes good cause to do so. This will be the case, in particular, if you are in breach of applicable regulations, applicable contractual provisions, our guidelines or our policies, which can be accessed on our website. Notwithstanding such limitation or termination, you will continue to have access to the content and services you have purchased up to that point.
6. Opinions, comments, communications and other content
Users, in some cases, may publish their opinions and comments as well as publish other content, send communications, suggestions, ideas, comments, questions or other information, provided that the content thereof is not unlawful, obscene, abusive, constitutes a threat or defamation, or invade the privacy of third parties, infringe intellectual property rights or otherwise be offensive to third parties or objectionable, or consist of or contain computer viruses, political propaganda or advertising content, chain letters, mass mailings or any other type of "spam". You may not use false e-mail addresses, impersonate any person or entity, or otherwise misrepresent the origin of any other content. We reserve the right (without, however, in the absence of a valid Notice Form, being obligated to do so) to remove or modify any content. If you believe that any content on the MiliMood Services or any material advertised for sale on the MiliMood Services includes any defamatory statements, or if you believe that your intellectual property rights are being infringed by any item or information available on the MiliMood Services, please let us know by emailing info@milimood.com.
If you post feedback, comments, questions or answers, or other content created by you for publication on the Website (including images, video or audio, collectively, the "Content") you grant us: (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify your Content throughout the world (including the right to sublicense such rights to third parties); and (b) the right to use the name provided by you in connection with such Content. This provision does not transfer any moral rights.
You may choose not to make your content public or, where possible, change your preferences so that only those persons to whom you grant access may view your content.
You represent and warrant that you own or otherwise control all of the rights to any content that you may post, and you represent and warrant that as of the date of submission of such content: (i) such content and material is accurate; and that (ii) use of such content or material will not violate any applicable MiliMood policies or guidelines, nor will it in any way harm any person or entity (and you further warrant that the content or material in question is not defamatory in nature). You agree to hold MiliMood harmless from any claims brought by third parties against MiliMood arising out of or in connection with such content and materials, except to the extent that such liability arises from our failure to properly remove such content or materials after we have been notified (via info@milimood.com ) of the unlawful nature of such content or materials.
7. Our liability
We will use our best efforts to ensure the uninterrupted availability of the MiliMood Services, as well as the absence of errors in any transmission of information that may occur. However, due to the nature of the Internet, it is not possible to guarantee this. In addition, your access to the MiliMood Services may from time to time be suspended or restricted for repair or maintenance work, or the introduction of new products or services. We will endeavor to limit the frequency and duration of such suspensions or restrictions.
MiliMood shall not be liable for (i) any losses that are not attributable to any breach by you, (ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by either party at the time you began using the MiliMood Services. Nor shall we be liable for any delay or failure to perform our obligations hereunder if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the relevant product or service within a reasonable time or to receive a refund if we are unable to supply such products or services within a reasonable time for any reason beyond our reasonable control.
The laws of some countries may not allow some or all of the above limits of liability. If such laws apply to you, some or all of such limits may not apply to you. Also, such laws may give you rights in addition to those provided herein.
Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.
8. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Spain (except for its conflict of law provisions), expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in the European Union, you will also be protected by any mandatory provisions of the laws of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the district courts of Spain, which means that you may assert your rights as a consumer in relation to these Terms of Use both in Spain and in your Member State of residence in the European Union.
The European Commission offers a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/. If you wish to communicate any matter to us, please contact us at info@milimood.com .
9. Export Control
You agree not to export, re-export or transfer any product (including software or other digital products) that you have purchased on the Website to any country, person, company, organization or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, United Nations, United States Departments of State, Treasury or Commerce and other governmental authorities (such as embargoes imposed on specific countries or economic sanctions imposed on individuals or companies for terrorism or money laundering offenses) that may prohibit taking products to other countries, including for personal use, and/or sending products (whether physically by mail or digitally by email or file sharing) to certain persons, companies, organizations or entities. You further agree that you will not purchase any products or services from the website if you are subject to restrictive measures (sanctions)."
10. Modification of Service or Variation of Conditions
We reserve the right to make changes to the MiliMood Services, our policies and our terms and conditions, including these Terms of Use and the General Conditions for the Services, at any time. You will be bound by the terms and conditions, policies, Terms of Use and Terms and Conditions of Services in effect on the date you use the MiliMood Services. If any of these Terms of Use or the Terms and Conditions of Services shall be declared invalid, void or for any reason unenforceable, such condition shall be deemed severed and such declaration shall not affect the validity and enforceability of the remaining conditions.
11. Waiver
In the event of a breach by you of these Terms of Use, and notwithstanding that we may choose not to exercise any rights available to us at that time, we may exercise such rights and remedies at any other time that you may again breach these Terms of Use.
12. Minors
We do not sell products to minors. Children's products sold by us must be purchased by adults. Children under the age of 18 may only use the MiliMood Services under the supervision of a parent or guardian.
13. Additional MiliMood Software Terms of Use
1. Use of the MiliMood Software. You may use the MiliMood Software solely and exclusively to use and enjoy the MiliMood Services provided to you by MiliMood, as permitted by the Terms of Use, these Software Terms of Use and the General Terms of Services. You may not separate any of the individual components of the MiliMood Software for use in your own programs or compile any part of it together with your programs, or transfer it for use in conjunction with another service, nor may you sell, rent, lease, loan, distribute, sublicense or otherwise assign any rights to the MiliMood Software, in whole or in part. You may not use the MiliMood Software for illegal use. We may terminate the provision of the MiliMood Software and deny you the right to use the MiliMood Software at any time. In the event of a breach of these Software Terms of Use, the MiliMood Terms of Use and other General Terms of the Services, your rights to use the MiliMood Software will cease without notice. There are additional terms contained in or distributed with the MiliMood Software, as specified in the related documentation, which are applicable to the MiliMood Software (or software incorporated into the MiliMood Software) and which shall prevail in the use of such software in the event of a conflict with these Software Terms of Use. All software used by the MiliMood Services is the property of MiliMood or its software content providers and is protected by Spanish and international intellectual and industrial property rights laws.
1. Use of Third Party Services. When using the MiliMood Software, you may also be using one or more third party services, such as data services from a carrier or mobile platform provider by use of wireless networks. Use of such services provided by third parties may be subject to additional policies, terms of use and applicable fees.
2. No Reverse Engineering. You may not, and shall not encourage, assist or authorize any other person to, copy, reverse engineer, decompile or disassemble, or otherwise tamper with, the MiliMood Software, in whole or in part, or create derivative works from or about the MiliMood Software.
3. Automatic Updates. In order to keep your MiliMood Software up to date, we may provide you, without prior notice to you, with occasional automatic or manual updates.
Terms and Conditions of Sale
These Terms of Sale apply to the sale of products by MiliMood. In addition, each time you use any present or future MiliMood.com service, you will also be subject to the general terms and conditions and the particular terms and conditions applicable to such service (the "Terms and Conditions"). These Terms and Conditions shall prevail over these Terms and Conditions of Sale in the event of any inconsistency between the two.
Please read these terms and conditions carefully before placing your order with MiliMood. By placing your order with MiliMood, you agree to be bound by these terms and conditions.
1. Our contract
When you place your order, we will send you a message confirming receipt of your order. If you are using certain MiliMood Services (e.g., MiliMood mobile applications), your order confirmation may be posted on the Website's Messaging Service. We will also inform you about the shipment of your products. You may however modify your order before the order enters the shipping process.
You agree to receive invoices for your purchases electronically. The electronic invoices will be provided in PDF format via your email address provided.
2. Right of withdrawal of 14 days, exceptions to the right of withdrawal, voluntary return guarantee and legal guarantee of conformity.
LEGAL RIGHT
Unless one of the exceptions described below applies, you may withdraw from your order without cause within 14 calendar days from the day on which you, or a third party you have indicated (other than the carrier), receive the purchased items (or from the last item, component or part in case of delivery of a good composed of multiple components or parts), or from the day of the conclusion of the contract in the case of services or delivery of digital content not provided on physical media (i.e. not contained on media such as CD or DVD).
For these purposes, you must inform us info@milimood.com of your decision to withdraw from your order. MiliMood will confirm receipt of your request. It will be sufficient for you to send your communication before the end of the 14-day withdrawal period and return the item via our Returns Center.
MiliMood does not assume ownership of the returned product until receipt of the returned product at the return address. MiliMood reserves the right, at its discretion, to refund the amount of the product without requiring its return. In such a case, title to the product for which the price has been refunded shall not pass to MiliMood.
For further information on the scope, content and instructions for exercising this right, please contact info@milimood.com.
EFFECTS OF WITHDRAWAL
MiliMood will refund you the price of the product and the ordinary shipping costs corresponding to the cheapest shipping option we offer, no later than 14 days from the day we receive the above-mentioned communication. MiliMood will use the same means of payment that you would have used for the initial transaction, unless another means is expressly agreed. In any case, you will not bear any fees that may arise from such reimbursement. We may withhold reimbursement until we have received the returned items from you or until you provide us with proof of having returned the items, whichever occurs first.
Please note that you must return the goods within 14 days of the day on which you inform us of your withdrawal. You shall bear the direct costs of returning such items; and you shall be liable for any diminished value of the returned goods due to the handling of the items (except where such handling was necessary to ascertain the nature, characteristics and functioning of the items).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to the delivery of:
Products that do not allow their return due to hygienic or health protection reasons, if you have unsealed them after delivery (e.g. cosmetic products), or that were, after delivery, inseparably mixed with other products;
Products that may deteriorate or expire rapidly (e.g., perishable foodstuffs or products subject to expiration date);
Sealed audio or video recordings or sealed software, if you have unsealed them after delivery;
Goods made to your specifications or clearly personalized;
A service, if MiliMood has already provided it in its entirety and, by requesting such service, you have agreed to the commencement of the provision of the service and the impossibility of withdrawing from the service once the provision of the service has commenced;
Digital content (including apps, digital software, e-books, MP3, etc.) that has not been delivered on a tangible medium (i.e. not contained on media such as CD or DVD) if you have consented to the performance at the time of delivery and if it is not possible for you to withdraw from the service at that time;
Daily newspapers, periodicals or magazines with the exception of subscription contracts.
LEGAL GUARANTEE OF CONFORMITY
In addition to your statutory rights, customers in the European Union (except the United Kingdom) will have a two-year after-sales warranty, from the date of delivery of the product, for the repair or replacement of products purchased on MiliMood if they are defective or non-conforming as advertised. You may request a refund or price reduction of the product when repair or replacement of the product has not taken place within a reasonable time or without major inconvenience to you.
In case of second-hand products, the warranty period may be shorter but always equal to or greater than one year.
3. Prices and availability
All prices include legally applicable taxes (VAT).
We include on the website information on the availability of the products we sell, detailing it on the information page of each product. It is not possible for us to provide more precise information about the availability of a product, beyond what we show on the product information page or elsewhere on the website. When we process your order, we will inform you as soon as possible by email or by posting a message on the Website Messaging Service if any of the products included in your order are not available. In such a case, we will not charge you for that product.
Please note that in some cases, it is not possible for us to confirm a specific delivery date when you place your order. In these cases, we will provide you with our best estimate, usually within a range of days. In addition, you can check the status of your order at any time by contacting our Customer Service at info@milimood.com. In any case, delivery will be made within 30 days of placing your order, unless otherwise agreed.
4. Product Information
Unless expressly stated otherwise, MiliMood is not the manufacturer of the products sold on the website. While we strive to ensure that the information on our website is correct, sometimes product packaging and materials may contain additional or different information than what appears on our website. Components may also change. We recommend that you do not stop to read only the information available on our website but also carefully read the labeling, warnings and instructions accompanying the product before use.
5. Customs Information
When you order products on milimood.com for delivery to a country outside the European Union, you may be required to pay import duties and taxes, which will be charged to you at the time the package arrives at its destination. Any additional charges due to customs clearance will be your responsibility. MiliMood.com has no control over such amounts. Customs policies vary significantly from country to country, so please check with your local customs office for more information. Please also remember that when you place an order with milimood.com you are formally considered by law to be an importer, and you must comply with all applicable laws and regulations in the country in which you receive the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.
6. Our Liability
MiliMood shall not be liable for (i) any losses that are not attributable to any breach by you, (ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was entered into between both parties.
The laws of some countries may not allow some or all of the above limits of liability. In the event that such legislation applies to you, some or all of these limits may not be applicable. Such laws may also give you rights in addition to those provided herein.
Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or willful misconduct.
Furthermore, MiliMood shall not be liable for any delay or failure to perform its obligations under these terms and conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to shipment of the product, MiliMood will not charge you for the product until the product is shipped to you, in which case you may cancel the order at any time prior to such shipment.
The terms and conditions of the warranty MiliMood offers on its products vary depending on the person making the purchase: a "consumer" or another person "acting for purposes which fall within the scope of his professional activity", in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council.
If you purchase the product as a "consumer", you are entitled to the guarantee of conformity provided for in the legislation according to which the delivered good must be in conformity with the contract, and to which the seller is legally bound (Legal Guarantee).
In addition, you may be entitled to any other warranty (the Commercial Warranty) that may be granted in your case by the manufacturer or a third party. Generally, the name of the entity that grants the Commercial Warranty, as well as the terms and conditions of the same, can be found in the documentation included in the packaging of the product, which we invite you to read and keep in your possession.
MiliMood shall not be liable for the fulfillment of the obligations under the Commercial Warranty provided by third parties.
7. Applicable Law
These conditions shall be governed by and construed in accordance with the laws of the State of Spain (except for its conflict of law provisions), expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Both parties agree to submit to the non-exclusive jurisdiction of the courts of the Spanish State, which means that you can claim your rights as a consumer in relation to these Conditions of Sale both in the Spanish State and in your Member State of residence in the European Union. If you are a consumer and have your habitual residence in the European Union, you will also be protected by any mandatory provisions of the legislation of your country of residence.
The European Commission offers a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/. If you would like to bring any issues to our attention, please contact us at info@milimood.com.
8. Modification of the terms and conditions of sale
We reserve the right to make changes to our website, our policies and our terms and conditions, including these Terms of Sale, at any time. You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless a change to those terms and conditions, policies or these Conditions of Sale must be made by law or by requirement of public authorities (in which case, such changes may apply to any orders you have previously placed). If any of these conditions shall be declared invalid, void or for any reason unenforceable, such condition shall be deemed severed without such declaration affecting the validity and enforceability of the remaining conditions.
9. Waiver
In the event of a breach by you of these Terms of Sale, and notwithstanding that MiliMood may not exercise any rights available to it at such time, MiliMood may exercise such rights and remedies at any other time that you may be in breach of these Terms of Sale.
10. Minors
We do not sell products to minors. Children's products sold by us must be purchased by adults. Children under the age of 18 may only use MiliMood under the supervision of a parent or guardian.
11. Responsibility for purchase and use.
MiliMood is not responsible for the misuse, by the consumer, of the material supplied and purchased on its portal www.milimood.com. Any product indicated in its data sheet, as collectible or decorative material, is sold merely for decorative and/or collectible use.
MiliMood is not linked to any ideological idea or political movement. Milimood is not responsible for the misuse, by the consumer, for ideological and / or political purposes of the material supplied and purchased on its website www.milimood.com.
12. Our contact details
Our contact details are as follows:
Eduardo Font Buitrago Milimood Military Outfitter NIF 47159918M C/ Cami Reial, 292 A C.P. 08184 Palau-Solità i Plegamans Barcelona (España)