General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF POSITIVE NATURE PACKS

Purpose

Before making any contribution or purchasing any Positive Nature pack through the www.mirlo.co website, the user should necessarily and previously have read these general contracting terms and conditions (hereinafter, “GCTC”). These GCTC govern the relationship between the user (hereinafter, “the user”) and Mirlo Positive Nature, S.L. (hereinafter, “Mirlo”) whose registered offices are in Calle Alonso de Castro, 1, Office #105, San Cristóbal de La Laguna (Spain).

Filling in the forms that are made available to the user to enable him or her to make a contribution and/or to place an order, and providing his or her bank, credit card or PayPal details, implies full acceptance, without reservations, of each and every provision of the GCTC that are published in Mirlo’s www.mirlo.co website (hereinafter, “our website”).

Characteristics of the Positive Nature packs

It is very easy to collaborate with our Mirlo Positive Nature projects through our website, all you have to do is choose the Positive Nature pack you are interested in, sign up and follow the steps that appear in the website.

There are two types of Positive Nature pack: “basic packs” and “premium options”.

Both types always include economic contributions that will be used in the projects we are undertaking whenever you make your purchase, and in the case of the premium options, in local experiences or products. The basic packs are purely an economic contribution through which you can transform part of your negative environmental footprint (e.g. your CO2 footprint) into a positive environmental footprint through the positive effect of the Positive Nature project to which you are contributing. The premium options must always be purchased together with a basic pack. You can find detailed information about what each pack includes in store.mirlo.co.

We always guarantee that:

  • 70% of the cost of the basic Positive Nature packs will be used to generate a positive ecological footprint.
  • 100% of the cost of the premium options will be used to pay the suppliers of the corresponding product or service in such a way that it will be transformed into a positive footprint for the local community.

The specific conditions that apply to each pack are featured in the description of that pack. All packs include delivery of a Positive Nature Certificate.

Offer validity period

The prices and conditions set out in the website are valid at all times, and are only in force during the duration of the session that has been opened.

Prices, invoicing and payments

The prices and corresponding charges that are specified in the description of the article shall be applied to the Positive Nature packs. Such prices include indirect taxes.

The prices of packs that include a product will normally include the distribution costs; were these costs not to be included, they will be specified in the description of the corresponding packs. In the same way, packs which include experiences do not include either travel to or accommodation in the place in which the experience is to take place.

Positive Nature packs purchased through mirlo.co can be paid for in any of the following ways:

  1. Payment by bank card.

Payments involving a bank card are done through your bank’s payment platform which uses a secure server to protect your data at all times. In order to charge the payment to your bank card, you must provide the correct card details. Were the bank card details not to be correct, no charge will be made and consequently, the purchase will not go through.

The bank card will be charged as soon as the details of the purchase are confirmed.

  1. Payment by PayPal

If you pay for the cost of your Positive Nature pack by PayPal, your purchase shall be considered to have been made once that entity confirms the details of the payment. PayPal possesses secure servers to guarantee the safety of your data. You can consult PayPal’s security policy here.

Territorial coverage of the services

Mirlo provides its services of a general nature on a global basis. However, Positive Nature packs which include products may be subject to delivery restrictions which will depend on the products they include.

Obligations of the parties

Without prejudice to the provisions of the remainder of the terms and conditions of these GCTC, Mirlo shall be obliged to:

1.- Facilitate full information as to each article on sale in its website (price, origin, characteristics etc.).

2.- Take the necessary actions to ensure that the service provided via the website is put into practice correctly and without any incidents.

3.- Make an after-sales service and a customer care service available to its clients.

On the other hand, the obligations of the user shall be as follows:

1.-Use the service in accordance with the legal notices, the rules of confidentiality and these general contracting terms and conditions.

2.- By using any of the permitted procedures, pay for the packs that he or she purchases through the website.

3.-Not to use the website and service offered by Mirlo in any way that is contrary to the demands of good faith or in any improper, illicit, malicious or fraudulent way.

4.- The user shall alone be liable for the truthfulness of the personal data supplied to Mirlo and he or she undertakes to supply genuine and truthful data.

5.- Minors are not allowed to use this service.

Delivery of orders and time scales

In those cases in which the Positive Nature pack includes a product, the delivery shall always be carried out by a shipping agency.

Mirlo will forward the requested products in accordance with the data supplied when placing the order, and shall not assume any liability were it not possible to effect such delivery due to the supplied data being inexact or incomplete. Furthermore, it assumes no liability when delivery cannot be effected due to the absence of the addressee, or when it is physically impossible to carry out the delivery. The costs of any failed delivery and the subsequent return thereof shall be borne by the client.

Packaging appropriate to the needs of the product will be used when despatching orders.

The delivery period for each product may depend on multiple factors such as the origin, the available stock or the time of year. Mirlo will provide an estimated delivery time in the description of the products that it offers.

Mirlo shall not be held liable if the time scale that it indicated cannot be met for reasons that are beyond its control.

When the pack is delivered to you, if there are any visible signs of its having been damaged or opened, please check the contents before signing to indicate your conformity with the delivery. If the order were to be damaged or incomplete, return the pack and send us a message to hola@mirlo.co so that we can send you a replacement.

Performance of the Positive Nature projects

You can consult the detailed information for each Positive Nature project and, in particular, the section concerning risks and guarantees. Here you will find the detailed technical characteristics that are to be employed in each project.

Mirlo intends to totally or partially carry out the Positive Nature projects that it offers. Unless a minimum number of sales of packs were to be specified in order to guarantee that the project will go ahead, all projects will be carried out using the funds that are obtained in a manner that is proportional to the stated financial objective.

Were a minimum number of sales to be specified to allow the project to go ahead, and were this sales limit not to be met and the project were not finally to go ahead, Mirlo will refund the packs that were sold to its clients under the terms and conditions set forth in the deliveries and returns sections.

Return: right of withdrawal

Mirlo offers its clients a 30 day guarantee in which to return their Positive Nature positive footprint pack. This guarantee implies the 100% refund of the amount paid for your purchase, with the following requirements:

  • Positive Nature packs which include a product. The time scale for making a return shall commence on the date on which the product is received. The product must be returned without having been used and in perfect packaging conditions. The client shall assume the full cost of returning the pack to Mirlo’s registered address.

Were it to be discovered that the product is not in the same conditions as when it was delivered, Mirlo may discount the amount that corresponds to said product from the amount that is to be refunded. Consequently the return guarantee will only correspond to the selling price less the amount that corresponds to the product in question.

If the product was to have been collected by the client in a place that was specified by Mirlo and the client has not done so, then there will be no need to the client to do anything with regard to returning the product in question.

  • Positive Nature packs which include an experience. In this case, if the refund is requested prior to the deadline established for reserving the experience in question, a 100% refund of the purchase price of the pack will be made.

If the refund were to be requested after the deadline established for reserving the experience in question or after it has taken place, the refund will only include the selling price less the amount that corresponds to the experience in question.

You can request such returns in the registered-users section or by email: hola@mirlo.co.

Warrantees

In the case of Positive Nature packs which include a product, if on delivery the article you purchased through Mirlo were seen to be damaged in any way, or to have wear and tear not related to misuse, an accident or a negligent use of the product, you should tell our customer care service. If at all possible we will replace the article as quickly as possible without any additional cost for the purchaser.

Perishable products whose deterioration is due to causes other than deficient packaging or a transport-related incident, or which were received in less than perfect conditions, shall not be replaced.

Customer care service and notifications

For any complaint or information concerning the performance of our web, invoicing, quality or any other matter concerning the service we provide, please contact our customer care service as quickly as possible once you become aware of the issue that gives rise to your complaint.

You can contact us by email: hola@mirlo.co.

The same contact methods also apply to any communication or notification you wish to send to us with regard to the service we provide.

Once we have received your complaint it will be assigned a reference number that Mirlo will make known to the user.

When the complaint has been resolved, Mirlo will do all in its power to inform the user as to the solution that has been adopted, using the same method that was originally used to present the complaint.

Personal data protection

Applicable legislation:

Insofar as the treatment given to the personal data of its users is concerned, Mirlo complies with the legislation in force in Spain and in the European Union, and, more specifically, with the Organic Data Protection Law and its ongoing legislation. In order to do so, it applies the technical and organisational resources needed to avoid the loss, misuse, alteration and robbery of and unauthorised access to such personal data as it may receive, taking into consideration the state of the technology, the nature of the data and the risks to which they are exposed.

Security:

Mirlo has adopted the personal data protection security levels required by the development Regulation of Organic Law 15/1999 concerning the protection of data of a personal nature (Royal Decree 1720/2007). Furthermore, it endeavours to install other additional technical means and measures to avoid the loss, misuse, alteration and robbery of and unauthorised access to such personal data as it may receive.

When registering as a user, you must choose a password. The user is responsible for safeguarding the confidentiality of this password, and that of all the activities that take place in a session opened using his or her name and password. The user undertakes to notify Mirlo as quickly as possible as to any unauthorised use of his or her name and password or any other breach of security. Mirlo shall not be held liable for damages or loss which may originate due to the failure of the user to comply with this obligation.

Data collection:

The data supplied shall be added to a data file of a personal nature, for which Mirlo Positive Nature shall be responsible and which is duly registered with the Spanish Data Protection Agency. The communication of personal data implies the user’s express acceptance to their being incorporated into the automated file. Failure to communicate such obligatory data, or communicating such data in an incomplete manner, may mean that it is impossible to supply the service and therefore, the contractual relationship may be rescinded.

Mirlo will use your personal data to make it possible to purchase Positive Nature positive footprint packs through the mirlo.co website, and to send you communications concerning the sales process and the improvement and updating of its services.

Mirlo shall not cede to a third party the personal data that you provide to us, except when such a cession were to be to distribution companies with which the company has agreements relating to the delivery of articles to the purchasers, and the cession were to be necessary for such a service, or in the event of it being necessary to cede such data in order to manage the pack that has been purchased.

To exercise your rights of access, rectification, opposition or cancelation, please contact Mirlo Positive Nature, S.L., Calle Alonso de Castro, 1, Office #105, San Cristóbal de La Laguna (Spain), or send an email to hola@mirlo.co.

Nullity

The declaration of nullity, ineffectiveness or invalidity of any of these GCTC shall not affect the validity of the other terms and conditions, which shall remain in force and shall be binding on the parties.

Applicable law and place of jurisdiction

The legislation that shall apply to the relationship that binds the parties shall be that of Spain. Were the user to be a consumer, the place of jurisdiction shall be as laid down, in each case, by the Consumer Protection Legislation.