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Refund policy
RIGHT OF WITHDRAWAL, EXCHANGES AND/OR RETURNS
At memiman, we want our customers to be satisfied with their purchases. Below we set out the conditions applicable to exchanges and returns of products purchased through our online store, distinguishing between the statutory right of withdrawal and memiman’s voluntary commercial exchange and returns policy.
1. STATUTORY RIGHT OF WITHDRAWAL FOR ONLINE PURCHASES
In accordance with current consumer protection legislation, where the purchaser qualifies as a consumer or user and makes a distance purchase through our online store, they shall generally have the right to withdraw from the purchase within 14 calendar days, without having to provide any reason.
The withdrawal period shall begin on the day on which the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the product.
To exercise the right of withdrawal within this period, the customer must notify memiman, in an unequivocal manner, of their decision to withdraw from the contract.
This notification may be made by email to pedidos@memiman.com, preferably stating the order number, the purchaser’s details and the items in respect of which the customer wishes to exercise the right of withdrawal.
The customer may also use the statutory model withdrawal form, although its use is not compulsory.
It shall be sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the 14-calendar-day period expires.
2. RETURN OF PRODUCTS FOLLOWING WITHDRAWAL
Once the withdrawal has been communicated, the consumer must return or hand over the products to memiman without undue delay and, in any event, within 14 calendar days following the date on which the decision to withdraw was communicated.
Products may be returned:
a) At our memiman boutique, free of return charges, at:
Calle Fuenlabrada, 3 – Local
28921 Alcorcón (Madrid)
Spain.
b) By sending them to our store, following the instructions that we will provide upon receiving the withdrawal request.
Unless the return results from an error attributable to memiman or from a defective or non-conforming product, the customer shall bear the direct cost of returning the products.
Cash-on-delivery or carriage-forward shipments will not be accepted without prior authorisation from memiman.
3. CONDITION OF RETURNED PRODUCTS
The consumer may inspect and handle the product only to the extent necessary to establish its nature, characteristics and functioning, in a manner similar to what would be permitted in a physical retail establishment.
The consumer shall be liable for any diminished value of the products resulting from handling other than that necessary to establish their nature, characteristics and functioning.
For this reason, we recommend returning products in perfect condition, without having used them beyond what is necessary for inspection and, whenever possible, with their original tags, accessories and packaging.
The absence of the original packaging or tags shall not, in itself, automatically result in the loss of the statutory right of withdrawal, without prejudice to the possibility of assessing, where legally appropriate, any resulting diminished value of the product.
4. REFUND IN THE EVENT OF WITHDRAWAL
Where the right of withdrawal has been properly exercised, memiman shall refund all payments received in respect of the products subject to withdrawal, together with, where legally applicable, the standard delivery charges initially paid by the consumer.
If the customer expressly selected a delivery method that was more expensive than the standard delivery method offered by memiman, we shall not be required to reimburse the additional costs associated with that special delivery method.
The refund shall be made without undue delay and, in any event, within 14 calendar days from the date on which we are informed of the decision to withdraw.
However, memiman may withhold the refund until the products have been received or until the consumer provides evidence that they have returned them, whichever occurs first.
The refund shall be made using the same means of payment used by the customer for the original purchase, unless the customer has expressly agreed otherwise and provided that the alternative method does not result in any additional cost to the customer.
5. STATUTORY EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal shall not apply in the circumstances established by law and, in particular, where applicable, to:
Products made to the consumer’s specifications or clearly personalised products.
Sealed products which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
Any other product or circumstance expressly excluded from the right of withdrawal under applicable legislation.
Where a product is personalised, made to the customer’s specifications or otherwise legally excluded from the right of withdrawal, memiman will endeavour to state this expressly on the product page before the purchase is completed.
Ceremony, First Communion, christening and wedding attendant garments.
The mere classification of a garment as a ceremony, First Communion, christening or wedding attendant garment does not, in itself, eliminate the statutory right of withdrawal where it is a standard product purchased online.
However, where such garments have been made, altered or ordered according to the customer’s specifications, are clearly personalised, or where any other statutory exception to the right of withdrawal applies, such right shall not apply in accordance with applicable legislation.
All of the above is without prejudice to memiman’s voluntary commercial policy, which is set out below.
MEMIMAN’S COMMERCIAL EXCHANGE POLICY
6. VOLUNTARY EXTENSION UP TO 30 DAYS (15 DAYS DURING SALE PERIODS)
Irrespective of the statutory right of withdrawal described above, memiman voluntarily offers its customers the possibility of making certain exchanges for a maximum period of 30 calendar days (15 calendar days during SALE periods) from the date of purchase, subject to the conditions set out in this section.
This extension constitutes a voluntary commercial benefit offered by memiman and does not replace, restrict or modify any rights to which consumers may be legally entitled.
Once the statutory withdrawal period has expired, exchanges requested within this additional commercial period shall be entirely subject to the conditions and exclusions set out below.
7. CONDITIONS FOR EXCHANGES
Within the commercial period specified above, an exchange may be requested for another available size or colour of the same model, provided that:
The product has not been used.
It is in perfect condition.
It has not been washed, altered or otherwise manipulated.
It retains its original tags.
It retains its accessories and, where applicable, its original packaging.
It is not included in any of the exclusions set out in the following section.
If the customer wishes to replace the product with a different model or item, a new purchase must be made. The return of the original product shall be subject to the conditions applicable under the statutory right of withdrawal or, where appropriate, the applicable commercial policy.
8. PRODUCTS EXCLUDED FROM THE COMMERCIAL EXTENSION FOR EXCHANGES
Once the statutory withdrawal period has expired, memiman’s voluntary commercial extension of up to 30 days shall not apply to:
Wedding attendant garments and items.
Christening garments and items.
Ceremony garments and items.
First Communion garments and items.
Graduation garments and items.
Personalised products or products made to the customer’s specifications.
Underwear.
Hosiery.
Hair accessories.
Products specially requested or ordered for the customer that were not previously held in stock.
Products whose product page expressly states that they are excluded from the commercial exchange extension, always without prejudice to the rights legally granted to consumers.
These exclusions relate exclusively to memiman’s voluntary commercial policy and shall not be interpreted as restricting any mandatory rights granted to consumers under applicable legislation.
9. HOW TO REQUEST AN EXCHANGE
To request an exchange, please email pedidos@memiman.com, stating:
Order number and date.
Purchaser’s name.
Item to be exchanged.
New size or colour requested.
We will confirm availability and provide the necessary instructions for completing the exchange.
Transport costs arising from exchanges made under this voluntary commercial policy shall be borne by the customer, unless the exchange results from an error by memiman or from a lack of conformity of the product.
Exchanges may also be made in person at our boutique, provided that the above conditions are met and proof of purchase is presented in either paper or electronic format. No transport costs shall apply in such cases.
DEFECTIVE, INCORRECT OR NON-CONFORMING PRODUCTS
10. PRODUCTS WITH A LACK OF CONFORMITY
The above conditions concerning withdrawal and commercial exchanges do not affect the consumer’s statutory rights where the product received is defective, incorrect or does not conform to the contract.
If you receive a defective, damaged or incorrect item, or an item that does not correspond to the order placed, you should contact us as soon as possible at pedidos@memiman.com, stating the order number and describing the issue. We may request photographs or other information reasonably necessary to verify the issue.
Where there is a lack of conformity attributable to memiman, the remedies and guarantees provided for under applicable legislation shall apply, at no cost to the consumer in the circumstances provided for by law.
CONTACT INFORMATION
For any enquiries concerning exchanges, returns or the exercise of the right of withdrawal, please contact:
memiman fashion kids, s.l.
Boutique memiman
Calle Fuenlabrada, 3 – Local
28921 Alcorcón (Madrid) – Spain
Email for orders, exchanges and returns:
pedidos@memiman.com
Telephone: +34 91 486 11 33
WhatsApp: +34 679 694 905
This policy shall apply without prejudice to the rights granted to consumers and users under current Spanish and European legislation.
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