Purchase Conditions

1. Purpose

These Conditions establish the rights and obligations of all Miberia users in relation to the products and services we offer through our website www.miberia.com (Digisanse SL, and its CIF is B86438140).

By using the website www.miberia.com or placing an order through it, the client is aware of being bound by these Conditions, by our Legal Notice and by our Privacy Statement, so if you do not agree with the precepts set out in these documents, you should not place any order.

These Conditions are subject to modifications without prior notice, so it is recommended to read them before placing each order.

2. Service Availability

The articles offered through this website are available for Spain (with the exception of Ceuta, Melilla and the Canary Islands) and Europe (except for the United Kingdom, overseas territories and islands). Our products are only sold to the end customer (B2C). (No invoices are made for companies).

3. Orders

Placing an order at www.miberia.com means to fully and completely accept the prices shown in the product sheet, the description of the products for sale and the general conditions of sale, which will be the only ones applicable within the contract thus concluded.

Miberia undertakes to be as precise and exact as possible in the description and representation of the products displayed in its online store, but according to our Legal Notice and due to the quantity and complexity of the products offered, the company does not accept any responsibility due to misprints or typos in its text, inaccurate photographs or inadvertent errors in the price.

The client agrees to use the website www.miberia.com only to make legally valid inquiries or orders. You also agree to provide us with the correct and accurate email address, postal address and / or other contact information, with the awareness that we may use such information to contact you if necessary and that those data will be treated according to our Privacy Statement. If you do not provide us with the required information, we will not be able to place your order.

The contract for the purchase of one or more products between Miberia and the customer will only be formalised when we send the shipping confirmation. Only those products listed in the shipping confirmation will be subject to the contract.

Once the order has been placed, the customer cannot request an invoice in the name of a person or company other than the one listed in their customer account.

The final prices of the products sold through www.miberia.com are those that appear on the web, and may be different in the franchised physical stores. Shipping costs depend on the destination of the order, the shipping option selected, and the price of the order. The final price, including product cost, shipping costs and applied taxes, will be reflected in the order form in a step prior to the formalisation of the payment.

Miberia reserves the right to modify the sale prices that appear on www.miberia.com at any time. Items will be billed based on the rates in effect at the time the order is registered.

Miberia reserves the right to cancel orders placed during the existence of a typographical error in the price or in the description of the products. These orders will be fully reimbursed to the customer in the shortest time possible through the same means used to make the payment.

Shipping costs for mainland Spain and the Balearic Islands are totally free. Shipping costs for Europe are £17.16/€18. Unfortunately, we can't deliver to the United Kingdom at the moment.

IMPORTANT NOTE: The different promotional coupons issued by Miberia are not cumulative. If a client has any problem in the use of a promotional coupon, they can communicate it by email at support@miberia.com.

5. Returns policy

1) Cancellation and refund of the amount

The customer can cancel an order only if it has not yet been processed and shipped. To cancel an order, you must notify it as soon as possible by sending an email to support@miberia.com, providing the number of the order you wish to cancel and calling the email "Order Cancellation #XXXXXX". The customer is not obliged to provide any explanation for his decision, but the Miberia team will appreciate any information that may contribute to improving the offer, service and conditions of the online store.

The refund will be made as soon as possible within the 14 days legally available for this purpose and through the same form of payment used to make the purchase.

This process has no added cost for the customer.

2) Return of a product due to transport damage

It is the customer's responsibility to ensure that the package received is externally in good condition, completely closed and without signs of tampering at the time of delivery. Then, Miberia strongly recommends opening it and checking that the product has arrived in good condition, without breakage or bumps.

In the event that the package or the product does not meet these criteria, the customer must note this fact on the carrier's delivery note, reject the shipment and notify Miberia in writing by sending an email to support@miberia.com within 24 hours upon receipt of the package. Once the email is received, the Miberia Customer Service team will indicate the steps to follow.

The customer has the right to withdraw from the purchase within 14 calendar days after the day they, or a third party indicated by them, other than the carrier, received the product. To comply with this withdrawal period, the communication regarding the exercise of this right has to be sent before the expiration of the indicated period of time.

To exercise the right of withdrawal, the client must notify Miberia of their decision to withdraw from the contract by sending an email to support@miberia.com. The customer is not obliged to provide any explanation for his decision, but the Miberia team will appreciate any information that may contribute to improving the offer, service and conditions of the online store.

This period is a withdrawal period, not a terminal test. Therefore, the terminal must be received by Miberia in exactly the same state in which it was received. In no case will products with expired ports, exterior damage, detached elements (including factory screen protector or warranty and registration back stickers), alterations in its software (bricks or blocking codes of any kind), with the box broken or damaged, or without all accessories included in the original packaging. In the same way, Miberia is not responsible for external elements to the original package that may be included in the returned terminal (information, SIM or memory cards, etc.).

In cases where the product to be returned shows wear, deterioration or alteration (of hardware or software) of the state in which it was received that is not exclusively due to the verification of its correct state and operation, the product will suffer a depreciation proportional to such wear, deterioration or alteration (of hardware or software). This depreciation will be observed and applied especially in the case of those articles whose daily use has associated a clear risk of falls, bumps, scratches, damage due to exposure to humidity, damage due to exposure to high or low temperatures, or any other circumstance likely to cause damage to the product and in the case of articles that present damages attributable to any of these reasons.

The acceptance of the withdrawal by Miberia is subject to the satisfaction of these conditions and that the technical team of the company has determined that the product is in optimal conditions, without any damage. Once the withdrawal is admitted, Miberia will return all payments received with the exception of shipping costs, which will be borne by the customer (€18). This retention corresponds to the added value services provided by Miberia, not to the exercise of the right of withdrawal. Miberia will make the reimbursement using the same means of payment used for the initial transaction as soon as possible within the 14 days that the law indicates as available for it.

If technicians, when evaluating any product that arrives from a withdrawal, certify that it does not meet the established requirements, or that it presents physical damage, such as bumps, scratches, etc., will be sent back to the client who will assume the shipping costs.

IMPORTANT NOTE: Consumers will be considered to be natural or legal persons who don't act as business or professional activities. Miberia will not accept returns for withdrawal by companies or professionals.

4) Exceptions to withdrawal

By their nature, the return for withdrawal of the following products is excluded if they have been opened, damaged or show signs of use:

• All kinds of accessories and peripherals, such as headphones, chargers, power banks, screen protectors or cases.
• Software, games for consoles.
• Memory cards
• Computer components such as cables, hard drives, CPUs, and motherboards.
• All kinds of robotics, radio control, modelling.
• Merchandising.

All products that have been damaged or show signs of having been tampered are excluded from withdrawal.

5) Return of a product by default at origin

In the cases that the product presents a factory defect and that this is made explicit in the diagnosis of Miberia technicians, Miberia will assume the shipping costs both in the event that the customer wishes to withdraw from their purchase, and in the case in which they want to exchange the defective terminal for an identical one.

6) Return conditions

Returns of products purchased through the website can only be processed online, in no case through franchised stores. In the same way, the return of products purchased in physical stores cannot be processed online.

In no case may products be returned if they are broken, bent, blocked with passwords, patterns or fingerprints; or if they present with non-factory malfunctions, with expired ports, with detached elements (including the screen protective sticker), with the box broken or damaged or without all accessories or protection stickers included in their original condition.

The incompatibility of any application caused by an error in its programming and not by malfunction of the device is not accepted as a reason for return.

7) Process of returning an order

In order to return an order, the customer must make sure to perform the following steps:

1. The customer can cancel an order only if it has not yet been processed and shipped. To cancel an order, you must notify it as soon as possible by sending an email to support@miberia.com, providing the number of the order you wish to cancel and calling the email "Order Cancellation #XXXXXX". The customer is not obliged to provide any explanation for his decision, but the Miberia team will appreciate any information that may contribute to improving the offer, service and conditions of the online store. The refund will be made as soon as possible within the 14 days legally available for this purpose and through the same form of payment used to make the purchase. This process has no added cost for the customer.

2. Check that the product is complete (with all original supplements and accessories included) and with the original packaging in perfect condition. Along with the product, the return package must include a document with the following information: personal data, email address, contact telephone number, order number and problem with the product. In this way, the processing will be simplified. The carrier may only remove the merchandise that is in an optimal state of transport.

3. Protect the smaller products (cameras, accessories, etc.) with an additional external packaging - just as the customer received it at home - to avoid any type of damage or manipulation of the original packaging during transport.

4. Return the product with freight collect (although later they will be discounted in the refund of the amount) through the transport company indicated by Miberia. The merchandise can only be collected by the carrier after having requested the return (RMA) to Miberia. In no case, will returns or exchanges be possible in our facilities or franchised stores.

5. Send the tracking number of the package to the email address support@miberia.com for the returning process.

For any questions about the correct delivery of the products to Miberia, the customer can consult the customer service department at support@miberia.com. All returns / repairs of products that do not have the original packaging, and / or that do not present the original Miberia return form duly filled, will be rejected.

Miberia, in accordance with current laws, grants a 2-year warranty period on all its products except for reconditioned ones, which will have a 1-year warranty. For its part, the battery has a 6-month warranty. On the other hand, consumables, peripherals (such as cases, headphones or covers) and, in general, all those products that by their nature suffer wear and tear (power banks, chargers, cables, etc.) are not included in this warranty cover. In the same way, electronic spare parts (mobile screens, connection flex, USB ports, card readers, etc.) have no warranty, since they are spare parts that are liable to break down when installed in damaged equipment, and are subject to its own return and exchange process explained below in this same section. During the time that the consumer is deprived of the product, the calculation of the warranty period is suspended. That is, if, for example, the repair of an object lasts 15 days, the warranty period will end 15 days later than originally planned.

The consumer can contact both the seller and the manufacturer of the product, who will be liable for any lack of conformity that appears during the warranty term. In this regard, when the lack of conformity manifests itself after 6 months and in doubtful cases, the manufacturer may require an independent expert report to process the warranty. If the manufacturer offers a warranty greater than the 2 years established by current law, that warranty must be processed directly with the manufacturer, and Miberia is not responsible for such cases. Currently there are many manufacturers that directly manage breakdowns / defects / incidents produced in their products to provide a quality after-sales service and reduce time. In the event that the customer has processed his warranty through the manufacturer and not through Miberia, Miberia will always indicate the instructions on how to proceed to facilitate management.

The shipping costs generated by the processing of the product warranty will be borne by Miberia as long as the problem is covered by the warranty. Otherwise, it is the customer who must bear the transport costs (€ 18).

Miberia will not be responsible in any case for the loss, misplacement or deterioration of accessories sent by the client such as covers, memory cards, SIM cards, etc. that have not been expressly requested by its authorised technical personnel. Likewise, Miberia is not responsible for the personal information contained in the PC, terminal, or data storage unit. The customer is responsible for the data or information in the material to be repaired and for making the relevant backup copies.

The processing of the warranty of the products purchased through the website will be carried out through the email address support@miberia.com and in no case through the franchised stores.

Modification of the software with which the terminal is received with unofficial software (that is, not created by the manufacturer of the terminal for that specific product) by the customer or by any unauthorised person, incurs a loss of warranty. Likewise, the warranty does not cover manual updating by the customer or by any unauthorised person who incurs a system failure (bricks). In the event that such failure does not occur and the manual update is successful, the warranty will apply as normal. The receipt via OTA and installation of an official update issued by a manufacturer does not void the warranty.

The spare parts offered in Miberia are not subject to any warranty as they consist of spare parts for electronic repairs that are used to replace the original ones, and therefore are susceptible to failure when installed in damaged equipment. However, the client has the right to inform Miberia via email to support@miberia.com of a fault or malfunction in them within 48 after receiving the products. In this case, the customer will be informed of the pertinent processes to the exchange or return of the part.

IMPORTANT NOTE: The guarantee is not, at any time, insurance on the terminal. In this way, in general, mobile phones are guaranteed as long as they have not suffered damage caused by the customer, such as broken screen, humidity on the motherboard or screen, misuse of the charging connectors, over pressures on the volume and power buttons, or damage by force and / or misuse of the SIM card reader or memory reader. If it is a manufacturing fault in these components, the warranty will be processed once the technical department makes a report. Likewise, the warranty regarding hidden defects and manufacturing defects of the product will act in accordance with article 1490 of the CC.

Conditions for companies and distributors

When the client is a distributor, or invoices as a company (not a natural person), the shipping costs to our facilities will always be borne by the client, since the law on consumer goods does not regulate the sale between companies. In addition, the warranty (duration and coverage) in these cases will be the one stipulated by the manufacturer of the product.

The consumer and user have the right to repair as long as it comes under warranty. It will be replaced by a new product whenever the repair is not possible or has a higher cost. In cases where the repair does not come under warranty, a quote will be sent to the customer so that they can decide whether or not they want to repair the product according to the indicated price, which will include shipping costs.

The warranty does not cover:

• Defects and damage caused by external events, accidents (including electrical ones, such as over voltages), wear or use not in accordance with Miberia's instructions.
• Incorrect use, handling or maintenance of the product by the customer. This includes being subjected to pressure, twisting, exposure to humidity, exposure to extreme temperatures, exposure to sudden changes in temperature, exposure to chemicals, or corrosion and / or oxidation.
• Damages, failures and / or loss of data caused by hackers, viruses, malware or other types of programs.
• Incorrect software / hardware configuration by the customer of a computer or peripheral. This includes failures or errors resulting from failed software updates or modification processes.
• Incorrect software / hardware configuration or failure caused by equipment or peripherals incorporated by the customer into the product under consideration.
• Computer virus infection caused by the customer's activity on computers, hard drives, or additional software. The repair of such cases will be charged.
• Screens with dead pixels. This is explained below. The cases of dead pixels will be dealt with the manufacturer.

Ultimately, any damaged material or with obvious signs of improper handling will not be accepted.

IMPORTANT NOTE: Incidents related to over-voltages and humidity are not covered by the warranty and will not be dealt by the Miberia Technical Service, since it is impossible to predict the possible derived problems that they may cause in the future.

The warranty is voided when:

• Products with IMEI or serial numbers have been altered or erased (including deterioration) or modified with respect to the number expressed in the warranty certificate or purchase invoice.
• Products or components are broken or damaged, subjected to impacts or with humidity on: the motherboard, the screen, the charging connectors, the volume and power buttons, the SIM card reader or the memory reader.
• Components are burned by surges or overcurrent.
• Products have been modified or repaired by the customer or any other person not authorised by Miberia, as well as products that are the subject of a specific support contract.
• There is incorrect repair, modification or extension of a computer by the customer or third parties.

The Technical service does not accept any warranty for ROM changes requested due to dissatisfaction (and not due to malfunction). At the time the customer makes the purchase, they accept the ROM that is included in the mobile phone and which is reported on the product file at www.miberia.com. If the ROM is not upgradeable it is not considered a factory defect.

Miberia will not be responsible for the damages that the articles, which are within the assumptions of cancellation or exclusion of the warranty, may have suffered during transport.

If an LCD screen has fused or fixed pixels, it is only considered a fault by the manufacturer itself when it passes certain ranges established by the UNE-EN ISO 13406 Standard. If an LCD screen complies with the standard, it is not possible to change or repair it, since it is not considered a lack of conformity in the product and cannot be treated as a defect or failure.

The customer should check what type of LCD screen they have and check if its pixels comply with the margins of the above mentioned standard or are considered faulty. Following the standard, with some exceptions, no manufacturer considers a screen damaged unless it has a considerable amount of stuck/dead pixels. A single dead pixel, among more than one million that a screen normally has, is not considered as a lack of conformity and cannot be classified as a lack of conformity or failure, since this fact does not affect the correct operation of the product at all.

Types of defective pixels:

• Pixel defect type 1: A hot pixel (always on, being colour white)
• Pixel defect type 2: A dead pixel (always off, meaning black)
• Pixel defect type 3: A stuck pixel: one or more sub-pixels (red, blue or green) are always on or blinking; One or more sub-pixels (red, blue or green) are always off or blinking.

Here you can check the maximum number of allowed defects per 1 million pixels depending on the type of screen and defect:

These warranty conditions do not affect the statutory rights of the consumer protected by the applicable legislation. Optical media (CD-R, CD-RW, DVD-R, DVD + R, DVD-RW, DVD + RW) are not covered by the warranty once the packaging or box is opened or unsealed. Only those optical media whose packaging or container has not been opened may be returned. The customer will be in charge of shipping costs.