General conditions. Contracting LSSICE
- CONDITIONS OF USE AND PURCHASE http://www.nuribel.com
These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of the conclusion of each Contract (as defined below) or in default thereof, at the time of use of the website will be those applicable to you.
If you have any questions regarding the Terms or the Data Protection Policy you can contact us through our contact form.
- OUR DATA
The sale of articles through this website is carried out under the name MODAS NURIA S.L, a Spanish company domiciled in Enrique Camacho Carrasco, 67, 41620 Marchena, (Seville), registered with the Mercantile Register of Seville, with the following data: Related in the inscription 1st of the Page nº 8244 Sheet 1 of the volume 995 book 173 section 2nd of societies.
- YOUR DATA AND YOUR VISITS TO THIS WEBSITE
- USE OF OUR WEBSITE
By making use of this website and placing orders through it, you agree to:
- Make use of this website only to make inquiries or legally valid orders.
- Do not make any false or fraudulent orders. If it can reasonably be considered that such a request has been made, we will be authorized to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address and / or other contact details truthfully and accurately. You also agree that we may use such information to contact you if necessary.
- If you do not provide us with all the information we need, we will not be able to take your order. By placing an order through this website, you claim to be over 18 years of age and have the legal capacity to enter into contracts.
- APPLICABLE RULES
The order shall be governed by the particular conditions specified therein, as by the General Conditions which are described as follows. Any other law, custom and usage that contradict these conditions are divisible, and the invalidity of any of them shall not affect the validity of the other.
- ACCEPTANCE AND ORDER IRREVOCABILITY
The buyer has a period of FIFTEEN (15) days from the date of the order, to communicate in writing and in a reliable way to the seller of any change or cancellation thereof. After this period, the order will be invariably accepted by the Seller, without any confirmation by the Seller, all without prejudice to the provisions of paragraph 3 of this condition. However, if the Seller would not accept the request, it shall notify in writing to the Buyer. Firm and irrevocable order, whether before delivery of the goods the Buyer desist expressly or impliedly thereof, shall pay to the seller for the damages caused, the sum of FIFTY percent (50%) on its price.
- HOW THE CONTRACT IS FORMALIZED
To place an order, you should follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). The contract for the purchase of a product between you and us (the “Agreement”) will be formalized only when we send you the “Order Confirmation”.
- AVAILABILITY OF SERVICE
The articles offered through this website are only available for shipment to European territory.
- AVAILABILITY OF PRODUCTS
All product orders are subject to availability. In this regard, if there are difficulties in the supply of products or if there are no items remaining in stock, we reserve the right to provide you with information about substitute products of the same or higher quality that you can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amounts you may have paid.
Notwithstanding the provisions of clause 7 above regarding the availability of products and unless extraordinary circumstances occur, we will attempt to send the order consisting of the products / s before the delivery date stated in the Order Confirmation in question Or, if no delivery date is specified, within the estimated time indicated when selecting the method of shipment and, in any case, within a maximum period of 5 days from the date of the Order Confirmation or either on the date agreed between the parties.
However, delays may occur for reasons such as the occurrence of unforeseen circumstances or the delivery area.
If for some reason we cannot meet the delivery date, we will inform you of this fact and give you the option to go ahead with the purchase establishing a new delivery date. Please note, in any case, that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that “delivery” has occurred or that the order has been “delivered” at the time when you or a third party indicated by you, acquires material possession of the goods or services, Which will be credited by signing the receipt of the order at the agreed delivery address.
- PRECAUTIONARY SUSPENSION OF DELIVERY
In the event that the Purchaser fails to fulfil a payment when due, the Seller may suspend delivery of the goods on current orders until the Buyer become current in its obligations, at which time he is obliged to receive the rest of the order, even after the expiry of the deadline agreed in the particular timely Condition.
- INTERRUPTION OF SUPPLIES
Failure to meet deadlines for delays or not attributable inability to Seller, such as force majeure, strikes and labour disputes, administrative measures and other obstacles, and whenever immediately notify to the Purchaser, will extend the deadline agreed on the particular condition, for a time equal to the duration of such adverse circumstances.
- TRANSMISSION OF RISK AND OWNERSHIP
The risks of the products will be in your charge from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if It took place at a later time.
- RESERVATION OF OWNERSHIP
The delivered goods is owned by the seller until full payment of the price by Buyer, however the buyer may sell under the normal functioning of its business, being the amounts collected by them property of the seller until full payment thereof.
Consequently if after the agreed period for payment, the Buyer does not pay or return the goods under the conditions of the return policy enclosed, you will incur criminal liability that determines the Criminal Code for the offense of undue approval. During the period existing between supplying the goods and the full payment of the price to the Seller, Buyer shall not constitute warranty or pledge on the goods to third parties, shall be bound to communicate in writing immediately to the Seller, the existence of any lien on them or obstacles stemming from judicial procedures outlined against it by third parties.
- PRICE AND PAYMENT
Once the campaign order has been signed by the buyer and the seller has accepted it, the buyer is obliged to pay the price in the manner provided in the particular condition.
The price of the products or services will be that stipulated in each moment in our web page, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of any of the products or services that you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered canceled and will be fully refunded the amounts that have been paid.
We will not be obligated to supply you with any product at the wrong lower price (even if we have sent you the Order Confirmation).
The website prices exclude VAT and shipping costs, they will be added to the total amount due.
Prices may change at any time (except as stated above). But the possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to buy, they will have been added to the cart and the next step will be to process the order and make payment. To do this, you should follow the steps of the purchase process, filling in or checking the information that is requested at each step. Also, during the purchase process, before making the payment, you can modify the data of your order. In addition, if you are a registered user, you have a breakdown of all orders placed in the section My Account.
You will be able to use as way of payment Visa and MasterCard.
Credit cards will be subject to verifications and authorizations by the issuing entity, but if that entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with you.
The collection, storage and transmission of personal information through the website is done in an encrypted form using the SSL security protocol, an encryption system that provides total security in data transmission.
Under certain circumstances, the buyer may be requested to pay 30% of the total value of the purchase in advance to begin the campaign order-making process. That amount will not be refunded under any circumstances, since the start of manufacturing of an order entails immediate expenses in purchases of raw materials.
- LATE PAYMENT OF THE PRICE
In the event that the Buyer returns any unpaid effect, Seller may deliver bills of exchange by the Buyer, who is obligated to accept them. These bills of exchange will replace the outstanding effects due and unpaid returned, and its principal will increase with the return expenses, interest accrued during the period of arrears calculated at the interbank rate prevailing at the time, and dealing costs that Buyer is obligated to pay. The maturity of these bills of exchange will be fixed by mutual agreement.
- SPECIAL PRECAUTIONS
The sale of the goods subject of the order, will be conducted solely and exclusively on the premises of the buyer, unless written authorization of Seller. The Buyer without Seller’s written authorization cannot alienate these goods to third parties, in this same fashion industry or any other.
- VALUE ADDED TAX
In accordance with article 68 of Law 37/1992, dated December 28th, Value Added Tax, the delivery of the products or services shall be deemed to be located in the territory of application of Spanish VAT, if the address of delivery is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at each time, depending on the particular item in question.
In orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current legislation in each of these territories.
- RETURN POLICY
Returns should be made within 15 calendar days after receipt of order, being valid the date indicated on the certificate of receipt of an order issued by the shipping agency (courier or post).
Returns for clothing changes involve an increase of 20% on cost price.
Garments must be unused and in perfect condition. Including accessories, documentation and original packaging.
We reserve the right to change our return policy at any time.
Payments for following orders shall be paid in advance by transfer or Credit card by our virtual POS.
20.1 Legal right to cancel the purchase
Right of dismissal over campaigns orders
If you are contracting as a consumer and user, you have the right to dismiss from this Agreement within 15 calendar days without justification, with the exception of manufacturing and repeat orders.
To exercise the right of dismiss, you must notify MODAS NURIA SL, to the address, Enrique Camacho Carrasco, 67, 41620 Marchena, (Seville) or by writing to our e-mail: firstname.lastname@example.org, your decision to dismiss the Contract through an unequivocal statement (for example, a letter sent by post or electronic mail).
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding term expires.
Right of cancellation in manufacture order
There is no possibility of cancelling a manufacture order.
Consequences of cancellation in manufacture orders
Once a garment is requested, the buyer is obliged to pay the full amount.
Right of cancellation in orders of repetition
The buyer can cancel his repeat order as long as he does so before the order is processed and sent.
Consequences of cancellation in orders of repetition
If the buyer does not cancel in time and form, no amount paid or programmed in payment will be reimbursed. The buyer will be obliged to comply with the ordered order payment.
20.2 Contractual right of dismissal
It is not desired to give an additional period to that established by Law.
20.3 Common Provisions
You will not have the right to dismiss the Contract, the purpose of which is to supply any of the following products:
Your right to withdraw from the Contract will apply exclusively to those products that are returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that they have suffered some damage, so be careful with the product/s while in their possession. Please return the item using or including all original packaging, instructions and other accompanying documents. In any case, you must deliver together with the product, the ticket that will have received at the time of delivery of the product duly completed.
You assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact form or by calling 955845738.
20.4 Returns of defective products
In cases where you believe that the product does not comply with the terms of the Contract at the time of delivery, you should contact us immediately through:
An email should be sent to: email@example.com, attaching a photograph of the garment where the label should be seen with the model, size and the problem to be shown, giving an explanation of what happened to the garment. One picture from each garment to be returned.
After receiving the mail, our warehouse department, will assess the state of the garment and the reasons for returning and will give you an answer within 48 hrs. In case the return is accepted, you will be informed of a code to write on the upper outside of the box. When the box arrives at our warehouse, our operators will recognize that it is a confirmed and expected return. Therefore all packages that arrive at our warehouse without this code will not be accepted and will be refused.
We will carefully review the returned product and will notify you by e-mail within a reasonable time if the refund or replacement (if any) is necessary. The refund or substitution of the article will be made as soon as possible and, in any case, within 14 days after the date on which we send an email confirming that the refund or replacement of the nonconforming article proceeds.
The amounts paid for those products that are returned because of a defect or imperfection, when it actually exists, will be fully refunded. The refund will be made on the same payment method used to pay the purchase. In any case, the rights recognized by the current legislation remain in force.
Please note that refunds must always be confirmed by Modas Nuria and should never be discounted voluntarily without our approval. Our company will proceed with the payment of its return in the last due date of your payment or, prior agreement, the amount will be adjusted in case of making a final income.
Under no circumstances, the client will fail to fulfil their payment obligations with Modas Nuria for on-going returns. That is, even having a pending return, the customer must make the payment on time and not withhold payment at the expense of the resolution of the return.
- RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Our liability, except as expressly provided on these Terms, for any product purchased on our website will be strictly limited to the purchase price of such product.
Notwithstanding the above, our liability is not excluded or limited in the following cases:
- In case of death or personal injury caused by our negligence;
- In case of fraud or fraudulent falsehood; or
- In any matter in which it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:
- Loss of income or sales.
- Loss of business;
- Loss of profits or loss of contracts;
- Loss of anticipated savings;
- Data loss;
- Loss of management time or office hours
Due to the open nature of this website, and the possibility of error on its storage may occurred
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information that may occur, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise in the same.
All products descriptions, information and materials on this website are provided “as a true body” and without express or implied warranties on them, except those legally established.
In this sense, if you contract as a consumer and user, we are obliged to deliver goods which are in accordance with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products comply with the Contract provided that (i) they conform to the description made by us and possess the qualities we have presented on this website, (ii) are suitable for the uses ordinarily intended for the products of the same type and (iii) present the quality and performance of a product of the same type as is reasonably expected.
With the reach permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The provisions of this clause will not affect your rights as a consumer and user, nor your right to dismiss.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in the materials or content that are contributed as part of the website correspond at all times to us or to those who granted us license to use. You may use such material only in the manner expressly authorized by us or licensed to use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.
- VIRUSES, HACKING AND OTHER CYBERATTACKS
You should not make improper use of this website by intentionally introducing it to viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You will not attempt to have unauthorized access to this website, the server on that page is hosted or any server, computer or database related to our website access. You agree not to attack this website through a denial-of-service attack or a distributed denial of service.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or materials resulting from the use of this website or of the download of content of the same or to which it re-addresses.
- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials of third parties, such links are provided for information purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no liability for any damage or loss arising from its use.
- WRITTEN COMMUNICATIONS
Applicable laws demand that some of the information or communications we send will be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email. For contractual purposes, you consent to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The notifications that you send us should be sent to: firstname.lastname@example.org. In accordance with clause above and unless otherwise stated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.
In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in mails or in a mailbox, in case of an email, that it was sent to the email address specified by the recipient.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding on you and us and our respective successors and assigns.
You may not transmit, relinquish, load or otherwise transfer a Contract or any rights or obligations arising therefrom, without obtaining our prior written consent.
We may transfer, relinquish, load, subcontract or otherwise transfer a Contract or any rights or obligations arising from it, at any time during the term of the Agreement. To avoid any doubt, such transmissions, relinquishments, loading or other transfers will not affect the rights that, as the case may be, you, as a consumer, are recognized by law, shall not in any way annul, reduced or limit the guarantees, express or implied, that we may have granted.
- EVENTS OUT OF OUR CONTROL
We will not be responsible for any breach or delay in performance of any of the obligations we assume under a Contract, the cause of which, is due to events beyond our reasonable control (“Force Majeure”).
The Causes of Force Majeure includes any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transports or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strikes, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligations arising from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill those obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to terminate the Cause of Force Majeure or to find a solution that will enable us to fulfill our obligations under the Contract despite the Cause of Force Majeure.
The lack of requirement on our part strict compliance by you with any of the obligations assumed by you under a Contract or these Terms or the failure of our exercise of the rights or actions that may correspond to us under said Contract or Conditions, shall not give rise to any waiver or limitation in relation to such rights or actions nor will it relieve you from complying with such obligations.
No resignation by us of a specific right or action will result in a waiver of other rights or actions derived from the Contract or the Conditions.
No resignation by us of any of these Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly stated that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
- PARTIAL NULITY
If any of these Conditions or any provision of a Contract is declared void by a final decision issued by a competent authority, the other terms and conditions will remain in force, without being affected by said declaration of nullity.
- FULL AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter thereof and supersede any other covenant, agreement or promise entered into between you and us verbally or in writing.
You and us, acknowledge that both have consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Contract, except as expressly mentioned in these Conditions.
Neither you nor us will have action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such a statement was made uncertain fraudulently) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.
- OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Terms at any time.
You will be subject to the policies and Conditions in force at the time you use this website or make orders, except that by law or any governmental decision, we must make retroactive changes in said policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.
- APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.
Any controversy that arises or relates to the use of the website or with such contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights as recognized by current legislation.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint sheets available to consumers and users. You can request them by calling 955845738 or through our contact form.