LEGAL NOTICE

Pursuant to Article 10 of Law 34/2002, of 11 July, on Company Information and Electronic Commerce Services, the user is informed that the domain www.mainat.com belongs, as the owner, to:

J. MAINAT, SA (hereinafter, MAINAT)CIF: A-58.286.873

Pas d’en Marges, 4

Canet de Mar (08360 – Barcelona)

www.mainat.com

Registered in the Commercial Registry of BARCELONA with Volume number 8097, Folio 173, Sheet no. 94209, 1st Registration

TERMS OF USE

The use of this website will be governed by these conditions, including the content and services made available to users. It is for this reason that we at MAINAT kindly ask you to carefully read these conditions since they contain all the information related to your rights and obligations.

You should know that by merely accessing the website you will be considered a “user” of the same, and that you thereby expressly accept, automatically and voluntarily, the conditions in force at any time. In case you do not wish to accept these terms, you are advised not to continue using the website.

MAINAT reserves the right, exclusively and at any time, to review these conditions to introduce modifications derived from legislative changes or corporate decisions, committing to publish and thereby report any variations that may affect users. These modifications will be accepted when the user continues to use the website.

Likewise, MAINAT reserves the right to unilaterally modify, at any time and without prior notice, the structure and design of the website, as well as the services or contents. With these same terms, during the tasks of modification, repair, update or improvements, access to the website may be suspended.

It could happen that new contents or services developed from the modifications in the website described in the previous paragraph are included, which apart from being subject to these Conditions of Use, were also subject to Specific or Special Conditions that would extend or substitute the present ones. In case of any conflict between the general and specific conditions, the stipulations of the latter will prevail.

User obligations and responsibilities

While using this website, the user undertakes not to contravene current legislation, good faith, custom and public order during the use of this website, it being forbidden to use for purposes that are illicit, deceptive, malicious or harmful to MAINAT or third parties. Therefore, the use must be appropriate and correct, and the user must abstain from behaviours that may be harmful to the image, interests and/or rights of MAINAT and/or third parties or that may damage, disable or overload the website. Likewise, you must refrain from accessing, using and/or manipulating MAINAT data.

The user undertakes to provide truthful information through communications with MAINAT, being solely responsible for the damages that may be caused by such information that is inaccurate or false, both to MAINAT and to third parties.

The USER is solely responsible for ensuring compliance with the minimum technical requirements and internet connection necessary for the proper use of the website. Consequently, MAINAT will not assume any responsibility for the inadequacy of the technical requirements of the USER’s equipment that impede correct operational functioning.

MAINAT adopts reasonably adequate security measures to detect the existence of viruses, even in the files that may be downloaded as a result of using the website. However, it must be taken into account that the security measures of the computer systems are not entirely reliable, and therefore MAINAT cannot guarantee the absence of viruses or other elements that could affect the user’s computer systems, documents and/or files. We ask users to refrain from introducing or spreading computer viruses or physical or logical systems that could cause damage to MAINAT or third parties.

MAINAT reserves the right to take the necessary legal actions in defence of its interests or temporarily suspend, without prior notice, access to the website due to maintenance, repair, updating or improvement operations.

The USER is committed to using the website while respecting the following points:

– The USER undertakes not to attempt any violation of access levels, incorrect manipulation of data, duplications and exports of data or information protected by intellectual property or other legal rights, to attempt access to restricted areas of MAINAT’s computer systems, introduction of programs, viruses or any other device that produces or may produce modifications in the computer system of MAINAT or third parties.

– The USER may not assign or transmit to a third party the access user name and password, in any case, the use of the WEBSITE for any purpose other than the exclusive satisfaction of their own needs of use, or that is not the use described on the WEBSITE itself.

– The USER will provide the necessary means to ensure that the passwords and access codes to the application will remain under its control and will not be disclosed, copied, reproduced by unauthorised third parties, and must be guarded by physical and logical means. You must notify us immediately of any unauthorised use or failure of your account or our Services.

– It is absolutely forbidden for the USER to reverse engineer, decompile, disassemble, reproduce, translate, modify, cover, commercialise, duplicate, transform or transmit to third parties, in whole or in part the WEBSITE, as well as eliminate, manipulate or alter in any way any notice or physical or logical label that includes the property rights of MAINAT on the application. This list is merely illustrative and in no way limited.

– The use of the WEBSITE does not imply the acceptance, approval and/or knowledge on the part of the MAINAT of the improper use made of the website, since the LICENSOR only provides the USER with permits to make correct use of it, under this contract. The USER is solely responsible for the correct use of the WEBSITE.

– Likewise, in the event that THE USER fails to comply with the obligations set forth herein, MAINAT may cease the provision of services, by means of a written notification of the reasons for said cessation, and without prejudice to the penalty that may apply.

– All rights that have not been expressly included in these conditions of use are reserved to MAINAT.

Intellectual and Industrial Property. Admission of backlinks / hyperlinks

Permission to reproduce photographs

The contents, photographs, videos, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks or any other sign that may be susceptible to commercialisation or industrial use shown on the website are property of MAINAT, or of third holders that have duly authorised their inclusion in the website or in any social network where MAINAT is present, except in cases where there is an express indication to the contrary, and that are protected, inter alia, by national and international intellectual and industrial property regulations.

The reproduction of this website, as well as any of its contents, is prohibited, unless expressly authorised in writing by MAINAT. Without prejudice, the user will have the right to create links to the website page for private and non-commercial use subject to different conditions, with MAINAT reserving the right to request, at any time, the immediate removal of any link to the website. The conditions are:

  • It will be a revocable and non-exclusive right.
  • It cannot be implied that MAINAT recommends said website, services or products nor can the relationship be distorted.
  • It must not include any content considered as distasteful, obscene, controversial, offensive, inciting violence or discriminatory regarding sex, race or religion, contrary to public order or illegal.
  • The link must direct to the website, without allowing reproduction as part of its website or within one of its frames or to create a browser on any of the pages of the website.

MAINAT cannot control the information, contents, products or services provided by other websites that have established links to the website. For this reason, it is not responsible for any aspect related to such websites.

MAINAT is a registered trademark, and its reproduction, imitation, use or insertion of these trademarks is forbidden without our due authorisation.

Company responsibility

MAINAT is not responsible for the deficiencies of the service of its service provider, nor for the communication networks, nor for problems resulting from the malfunction or use of non-optimised versions of any type of browser, nor those derived from prolonged interruptions to the supply of electricity, telecommunications lines, social conflicts, strikes, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

Both access to the website and the use that may be made of the information contained therein is the sole responsibility of the person who carries it out. Therefore, MAINAT is not responsible for the consequences that may result from such use or access to information and will only proceed to the elimination, as soon as possible, of the contents that could generate any type of damage or harm, provided that it has been notified or has effective knowledge.

MAINAT will not be responsible for possible security errors that may occur or for any damage that may be caused to the user’s computer system, or the files or documents stored therein, when they are caused by a virus originating from the user’s computer, a malfunction of the navigator or the use of non-updated versions thereof, telephone faults, interferences, omissions or disconnections in the operational functioning of the electronic system motivated by causes beyond MAINAT.

MAINAT may temporarily interrupt access for improvements, introduction of security measures, updating or restructuring of computer resources or the installation of new uses on the website. Interruptions will be announced in advance whenever possible and will be kept as short as possible, preferably taking advantage of nighttime.

Terms of use of order processing

Through this website, our clients are offered the possibility of processing orders for both mass-produced and customised garments.

Pre-order information

All users can view within the website all products offered for purchase, classified by categories and subcategories.
By clicking on them, the user can access a complete profile of each product where a brief description shall be indicated.

In order to access the user identification system, it is necessary that MAINAT already has his or her customer data, including the billing and shipping address, the place to charge the order amount and the contact details.

The user is informed that the ordering system acts as a mere informative procedure for the offline realisation of the order, and that the completion of the appropriate data for the realisation of the same does not serve to conclude a contract without the prior specification of the order after the procedure has been completed on this website.

The price will be finalised after the process has been carried out through this website and will be subject to the prices established by the catalogue that MAINAT will make available to the client after the completion of this procedure.

Order fulfilment system

The procedures to carry out the acquisition of products will be shown on the screen at all times and described in these General Conditions. MAINAT will provide the password and the username to log in to your private area by email. For more information, see the video tutorial contained in this website.

To proceed with the processing of orders, the user must click on “Process Order” in each product.  On the Order Summary screen, the user can view his or her data and enter the recipient’s reference data. Based on the European Union’s General Data Protection Regulation, users are requested not to enter personal data of recipients, applying security measures of pseudonymisation.

Failure to complete these data will prevent the processing of the order.

When the user has completed the order data, they must click the “Send form” button. As of that moment, the order request will be received at the MAINAT offices.

Delivery deadlines

The delivery time for orders made and confirmed through this website is 10 – 15 business days.

Warranty

Garments for adults: 6 month warranty as long as washing and use instructions are followed

Children’s clothing: 3 month warranty as long as washing and use instructions are followed

Any garment handled by persons outside Mainat is exempt from guarantee.

Rules for Use of the News tab

The News section informs about novelties, services offered, data of interest and any general information related to MAINAT. This website does not offer the possibility for users to participate with their comments in the entries published by MAINAT in the news section.

Integrity and protection of the conditions of use

Each of the stipulations of these conditions of use shall be interpreted separately and independently of the others. In the event that any of the clauses prove invalid or non-enforceable under any legal rule or was declared null by virtue of any court, legal norm or administrative authority, the nullity will only affect said clause and not the integrity and existence of the contract, keeping the rest of the agreements fully valid.

Conflict resolution. Applicable law and jurisdiction

These General Conditions of Use shall be governed by Spanish legislation and, in particular, by the legislation on the protection of personal data (Organic Law on the Protection of Personal Data and its Regulations of Development, in addition to the General Regulation of Data Protection 2016/679 of the European Union) and the legislation on services of the information society (Law 34/2002, of July 11, services of the information society and electronic commerce). Any dispute will be resolved before the Courts of Barcelona.