These General Conditions of Sale (hereinafter, "GENERAL CONDITIONS") are intended to define the methods of sale made on the SITE www.neladisenote.es (hereinafter, "SITE").
2. Acceptance of the GENERAL CONDITIONS of sale.
2.1. All purchases of PRODUCTS made through the SITE (hereinafter "PURCHASE CONTRACTS") by users who access it (hereinafter, "CLIENTS") are governed by these GENERAL CONDITIONS, all additional conditions indicated in the places corresponding to each topic on this SITE, as well as by Law 1/2007, of November 16, of the Consolidated Text of the General Law for the Defense of Consumers and Users and the Civil Code, as well as all applicable regulations to the case and community regulations on electronic commerce.
2.2. With the stipulation of the PURCHASE CONTRACTS, according to the procedure, the CLIENT accepts and undertakes to observe these GENERAL CONDITIONS.
2.3. The CLIENT, therefore, is obliged to carefully read, before making any purchase operation, these GENERAL CONDITIONS that NELA DISEÑOTE makes available to them with the aim of also allowing printing.
2.4. NELA DISEÑOTE may modify, at any time and without prior notice, the content of the GENERAL CONDITIONS. The GENERAL CONDITIONS published on the SITE will apply to all PURCHASE CONTRACTS at the time of sending the purchase order by the CLIENT.
3.1. www.neladisenote.es (hereinafter “SITE”) is a telematic site for the sale of exclusive PRODUCTS of the NELA DISEÑOTE brand, hereinafter “PRODUCTS”).
3.2. All PRODUCTS offered are shown in detail on the SITE, within the corresponding sections, differentiated by PRODUCT categories.
3.3. The visual representation of the PRODUCTS on the SITE, where available, has an indicative value that normally corresponds to the photographic image of the PRODUCTS themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, by NELA DESIGN, of the exact correspondence between the image presented on the SITE and the actual PRODUCT; all with special reference to their real dimensions and / or the chromatic aspects of the PRODUCTS and / or the clothing. The colors are indicative, since their display also depends on the characteristics and configuration of the device from which you are browsing.
3.4. If there are differences between the image and the written PRODUCT sheet, the description of the PRODUCT sheet will always be considered valid.
4. Purchase procedure.
4.1. The CLIENT can buy the PRODUCTS present in the electronic catalog NELA DISEÑOTE that are shown in detail on the SITE within the corresponding sections by PRODUCT categories, and described in the relative information sheets contained in the SITE, respecting the technical access procedures that are indicated.
4.2. To purchase the PRODUCTS, the CLIENT will have to register on the SITE by entering their personal data, following the instructions of the registration program, and will have to fill out and send to NELA DISEÑOTE the order form in electronic format available on the SITE, following the instructions given. All parts of purchase orders must be completed. If the CLIENT does not want to register on the SITE, he may in any case end the purchase procedure, but he will not be able to control the status of his orders or take advantage of discounts and promotions.
4.3. The CUSTOMER will have to enter the selected PRODUCTS in the corresponding "BASKET" and, after having chosen the transport company and having read and accepted the amount of the shipping costs, may continue with the purchase.
4.4. In the event that the CLIENT needs to modify the purchase order or modify some data contained therein, they will have to carry out the corresponding modification procedure present on the SITE. In particular, the CLIENT may modify the quantity of PRODUCTS he wants to buy, adding or removing one or more PRODUCTS from the BASKET.
4.5. When this operation is completed, the CUSTOMER will display a screen containing the order summary, including shipping costs, with the request for further confirmation of the purchase procedure.
4.6. After viewing the order summary, the CLIENT will have to select the desired payment method, that is, transfer, cash on delivery (cash on delivery), credit card or PayPal, or - if available - by GIFT VALUE, and send the order by clicking on the corresponding button.
5. Termination of the contract.
5.1. The publication of the PRODUCTS exposed on the SITE constitutes an invitation for the CLIENT to make a contractual purchase proposal. The order that the CLIENT sends has the value of a contractual proposal and implies full knowledge and full acceptance of these GENERAL CONDITIONS.
5.2. All the PURCHASE CONTRACTS stipulated between NELA DISEÑOTE and the CLIENT are considered final once NELA DISEÑOTE sends the acceptance of the order to the email address provided by the CLIENT. Said confirmation message will contain an "ORDER NUMBER" that will have to be used in all subsequent correspondence with NELA DISEÑOTE. The message will contain, in addition to the information required by law, all the data that the CLIENT has entered, who agrees to verify the veracity of said data and to communicate any eventual modification in time. The possible encumbrances that derive from errors in the data not indicated in time, will be borne exclusively by the CLIENT.
5.3. The CLIENT can view all the orders on the SITE, in her personal area, if she is registered, or by contacting the NELA DISE participatingOTE CUSTOMER SERVICE, immediately after sending the order.
5.4. Occasional unavailability of the PRODUCTS offered may occur, in that case, if the PRODUCTS that the CLIENT has chosen are not, in whole or in part available, the shipment will be made with the PRODUCTS available after having sent a communication to the CLIENT about PRODUCTS not available.
5.5. NELA DISEÑOTE has the power to accept or not, at its discretion, the order that the CLIENT sends, without the latter being able to file a claim or exercise rights of any kind, in any capacity, not even for compensation for damages, in case of the order is not accepted.
5.6. In particular, NELA DISEÑOTE reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or if - after having made a comparison with the circuit that manages credit card payments - anomalies result in the transactions and in the forms of payment used by the CLIENT.
5.7. The CLIENT may verify at any time the content of the PURCHASE CONTRACTS concluded by accessing her personal area of the SITE, if she is registered, or by contacting the NELA DISE COUOTE CUSTOMER Attention Service. Such data will be available for a period of 12 months from the date of delivery of the PRODUCTS.
6. Prices of PRODUCTS.
All the prices of the PRODUCTS that appear are clearly indicated in Euros on the SITE and include VAT.
Shipping costs are properly displayed at the time of the order. The cost of each shipment may vary depending on the shipping method, payment, as well as the destination and the total amount of the order.
7. Billing and payment methods.
7.1. NELA DISEÑOTE issues the invoice of the PRODUCTS purchased at the time the PRODUCTS are delivered to the transport company for shipment, sending it by email to the CLIENT. To issue the invoice, the information provided by the CLIENT is taken. The data cannot be modified after the invoice has been issued.
7.2. As it is better detailed below in the corresponding points, payments by Credit Card and PayPal exclusively require an authorization or a reserve of money without an effective charge being made when the CLIENT enters the order. Therefore, the payment is charged to the CLIENT effectively only at the moment in which the PRODUCTS are delivered to the transport company that is in charge of the delivery. In this phase NELA DISEÑOTE will also issue the invoice corresponding to the order.
7.3. The forms of payment of the purchased PRODUCTS can be modified, and may be by credit card, PayPal, cash on delivery, bank transfer or GIFT VALUE (if available) according to the methods indicated below:
The accepted credit cards are: Visa and Mastercard.
All data is transmitted encrypted by SSL certificate and cannot be intercepted by third parties. The payment gateway used is the official CAJA LABORAL.
In addition, the data is entered directly into the bank's SITE, which guarantees maximum security.
The amount of the order is not loaded immediately on the card, but in a successive phase, within the limits authorized by the CLIENT.
At the time the order is entered on the NELA DISEÑOTE SITE, an authorization of payment is requested exclusively for the indicated amount (it is probable that the card issuing bank will send an SMS / Email to the CLIENT at that time).
The authorization does not imply the charge of the amount but simply a reservation of the same.
When the order is delivered to the transport company, carrier or any other subject to which NELA DISEÑOTE orders the delivery, the amount due is requested.
This guarantees that the amount of money is charged to the credit card only at the time of sending the material and cash of the PRODUCTS and only for the amount corresponding to the PRODUCTS actually shipped.
PayPal, an eBay group company, is a fast and secure payment system.
When the order has been completed and the PayPal method has been chosen as the payment method, the buyer will be redirected to the PayPal SITE, where they can access their account by entering their personal email address and password.
After registering you can access the payments section through PayPal without having to re-enter the data, even for successive purchases.
If PayPal is chosen as the form of payment, the amount is charged directly to the associated credit card (Visa, Visa Electron, Mastercard) or prepaid (PostePay). PayPal protects buyer information by not passing financial information.
For each transaction made with this payment method, PayPal will send a confirmation email.
It is specified that the amount of the order will be charged to the PayPal account when the transport company collects the order. During the phase of entering the order on the WEBSITE, a request for authorization will be made simply to check the availability of the CUSTOMER's PayPal account, without any charge.
If the order is canceled the amount will be refunded in the CUSTOMER's PayPal account.
This payment method may entail an increase in cost in%, which will be indicated at the time of processing the order, if it is.
In order to make the payment with bizum, the customer must enter their phone number and the bizum pin, which is obtained from the bank's App and configured the first time bizum is activated. You will receive in a sms the password that you must enter in the payment gateway of our website and the payment will be made. If you have any questions about the service, you can access the website at: https://bizum.es/compras-online-es/ . This payment method is only available in Spain.
Cash on delivery:
The CLIENT can pay directly to the carrier when he delivers the ordered PRODUCTS.
For this form of payment only cash is accepted. The carrier will not accept bank checks or circular checks and will not deliver the PRODUCTS until the exact amount indicated in the order is received. The carrier is not authorized to give change.
This form of payment carries an increase in cost in%, which will be indicated at the time of processing the order.
If you choose a previous transfer (or account deposit) as a payment method, you will be provided with our account number to make the payment in the order confirmation email. You can make a bank transfer from your usual bank or cash register or, if you prefer, make an account deposit at a branch.
Once the payment is received, your order will be sent by urgent transport the same day, notifying you by email that the package has been delivered to the transport agency. If after 4 business days payment has not been received, the order will be canceled.
If available, the CLIENT can use a “GIFT VALE” for payment, selecting the VALE GIFT BASKET as the payment method and entering (after having chosen the shipping method) the number that is under the barcode and the security code number.
8. Forms and shipping costs.
8.1. Shipping costs vary depending on the destination. The cost and time relation to be chosen by the customer will be offered in each order. These quantities can be modified at any time by NELA DISEÑOTE in these Conditions of sale. The exact amount is displayed at the time of purchase and will not be modified under any circumstances.
8.2. NELA DISEÑOTE undertakes to deliver the merchandise without undue delay and, in any case, within thirty days from the date of termination of the contract. The delivery of the PRODUCTS will be made through a transport company, and the terms will vary depending on the destination. The terms indicated at the time of the purchase order have in any case an indicative value.
8.3. NELA DISEÑOTE makes deliveries in Spain (including the Canary and Balearic Islands), Portugal (peninsula), Luxembourg, France, Germany, the Netherlands and Belgium.
8.4. The CLIENT may not hold NELA DISEÑOTE liable, in any way, if there is a delay in issuing the order or in delivering the PRODUCTS that are the object of the PURCHASE CONTRACTS.
8.5. The ordered PRODUCTS are delivered to the address that the CLIENT has specified. A shipping confirmation email will be sent to the CLIENT when NELA DISEÑOTE delivers the PRODUCTS to the transport company in charge. Delivery will be made without appointment.
8.6. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays, according to the forms established by the transport company that the CLIENT has chosen. Delivery is considered completed at the time the PRODUCT is delivered to the CLIENT at the address specified in the order form. In the event that the order cannot be delivered because the recipient is not at the specified address, the carrier will send a warning email and try to make a new delivery according to the ways that the transport company has pre-established.
In the event that the new delivery cannot be made because the recipient is not at the specified address, the CUSTOMER Service will try to contact the CUSTOMER to schedule a new delivery date. If the CUSTOMER Service is unable to contact the CUSTOMER within 10 days or in case of subsequent impossibility of delivery because the recipient is not at the address, the PRODUCTS ordered will be returned to NELA DISEÑOTE.
After 30 (thirty) days from the date on which the PRODUCTS object of the order have been returned to NELA DISEÑOTE due to the impossibility of carrying out the delivery, the contract will be terminated and the purchase order will be canceled as established in Title II of the Spanish Civil Code. NELA DISEÑOTE will reimburse the amount paid by the CLIENT to the net of the costs of returning the PRODUCTS and the costs of maintaining them in the subsidiary of the transport company in charge of the delivery.
8.7. The termination of the contract and the amount of the refund will be communicated by email. The amount of the refund will be credited in the payment method used by the CLIENT for the purchase. In the event that the CLIENT requests to receive the PRODUCTS purchased again before the 30 days have elapsed, NELA DISEÑOTE will make the new delivery with a previous charge, in addition to the delivery costs, the cost of returning the PRODUCTS to NELA DISEÑOTE and maintenance costs.
8.8. When the transport company designated by NELA DISEÑOTE delivers the PRODUCTS, the CLIENT is obliged to scrupulously control:
a) That the security seal is intact and that the packaging is not damaged or altered.
b) That the number of items delivered corresponds to that indicated in the transport document.
8.9. The CLIENT will have to claim eventual damages caused to the security seal, the packaging or the PRODUCTS, the non-correspondence of the number of articles / packages or the indications. To do this, you may contact NELA DISEÑOTE through the CUSTOMER Service, specifying the order in which such mishaps have been observed.
8.10. Causes of force majeure, unavailability of means of transport, as well as unpredictable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery at NELA DISEÑOTE's expense, will entitle to divide, re-send or cancel, totally or partially, the planned delivery or terminate the Purchase Contract. In such cases, NELA DISEÑOTE will be responsible for communicating to the CLIENT on time and appropriately its own determinations by sending an email. The CLIENT will have the right to a refund of the amount eventually already paid, excluding any further claim, in any capacity, by NELA DISEÑOTE.
9. Product Availability.
Our product offerings included on the SITE will be subject to product availability. In case of unavailability of products after the order has been recorded, we promise to inform you as soon as possible and indicate the new period in which you will receive your order. In this case, you will have the option to cancel your order by reimbursing the amount paid in your case by paypal, card, check or bank transfer within 14 days from the request for cancellation, or you can request the change of your order by the contact form.
10. Discount Vouchers - Promotions.
10.1. Eventual discount vouchers or promotional codes may be entered when the CLIENT completes the purchase order. The system will update the total amount of the order to the net value of the voucher.
10.2. The discount voucher may be accumulated to other commercial initiatives exclusively in those cases where it is expressly indicated.
11. Right of withdrawal and its effects.
11.1 The CLIENT has the right to terminate the contract, without stating the reasons, within 14 days (withdrawal period).
11.2 The rescission period expires (i) after 14 days from the date on which the CLIENT or a third party, other than the carrier and that the CLIENT has designated, receives the merchandise, or (ii) if the contract corresponds to several PRODUCTS that have been ordered at the same time but that are delivered separately, after 14 days from the date that the CLIENT or a third party, other than the carrier and that the CLIENT has designated, receives the last PRODUCT.
11.3. To exercise the right of withdrawal, the CLIENT is obliged to inform NELA DISEINEOTE about her decision to terminate the contract through an explicit declaration (for example, a letter sent by mail, fax or email). To do this, you can fill out and send electronically the withdrawal form found on the NELA DISEÑOTE WEBSITE. If the CLIENT chooses this modality, NELA DISEÑOTE will immediately send a confirmation of receipt of the cancellation request through a durable medium (for example, email).
11.4. To respect the withdrawal period, it is sufficient for the CLIENT to send the communication regarding the exercise of the right of withdrawal before the end of the withdrawal period.
11.5. If the CLIENT terminates this contract, all payments made in favor of NELA DISEÑOTE will be reimbursed, including shipping costs (with the exception of additional costs derived from the eventual choice of a different type of delivery than the least expensive type of standard delivery offered), without undue delay and, in any case, within 14 days from the date on which NELA DISEÑOTE is informed of the decision to withdraw from this contract. Said refunds will be made using the same form of payment used by the CLIENT in the initial transaction, unless expressly agreed otherwise; in any case, the CLIENT will not have to bear any cost as a consequence of said refund.
11.6. The CLIENT is obliged to resend the merchandise or deliver it to NELA DISEÑOTE without undue delay and, in any event, within 14 days from the date on which the termination of this contract has been communicated. The end of the contract is respected if the CLIENT sends the merchandise within 14 days. The direct costs of returning the merchandise will be borne by the CLIENT. The CLIENT is responsible for the deterioration of the merchandise that is derived from a manipulation of the merchandise other than that necessary to establish the nature, characteristics and operation of the merchandise.
11.7. In any case, the CLIENT will not be able to exercise the right of withdrawal if they are sealed goods that cannot be returned for reasons of hygiene or related to health protection or that have been opened or handled after delivery. We recommend viewing the Returns section for more detailed information.
12. Nonconformity with the PRODUCTS and defective PRODUCTS.
12.1. The PRODUCTS offered on the SITE comply with national and community legislation. The images and colors of the PRODUCTS published on the SITE may differ from the real ones due to the local configurations of the systems and / or the tools used for their visualization.
12.2. In case of defect of conformity of the PRODUCTS purchased with respect to the description published on the SITE and in case of damaged or defective PRODUCTS, the CLIENT is entitled to the immediate refund of the non-conforming merchandise, prior shipment through the form present in the CUSTOMER Service section of photographs showing the damage or non-conformity of the PRODUCT.
12.3. The NELA DISEÑOTE team will send a communication indicating the form of reimbursement that can also be made, at the CLIENT's discretion, by means of discount vouchers for the next purchase that exceeds the value of the merchandise to be reimbursed, excluding any liability subsequent NELA DISEÑOTE, in any capacity.
12.4. The provisions regarding the legal guarantee in accordance with the goods are excluded in any case, in accordance with the terms of Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods, and the ROYAL LEGISLATIVE DECREE 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
13. Treatment of personal data.
14. Communications and claims.
All the communications or eventual claims of the CLIENT towards NELA DISEÑOTE related to the PURCHASE CONTRACTS, will have to be communicated through the corresponding contact forms present in the Reserved Area.
15. Intellectual property rights.
In accordance with current regulations, NELA DISEÑOTE owns the rights to all trademarks (registered and not), such as all logos, works of art, distinctive signs or names, images, photographs, written texts or graphics and in general any other good intangible protected by law and international conventions on intellectual property and industrial property, reproduced on the SITE; They are the exclusive property of NELA DISEÑOTE and / or its causes, without access to the SITE and / or the stipulation of the PURCHASE CONTRACTS giving the CLIENT any right over them. Any reproduction or use, even partial, of the same is expressly prohibited without the prior written authorization of NELA DISEÑOTE, in favor of which all corresponding rights are reserved exclusively.
16. Applicable law and competent jurisdiction.
16.1 These GENERAL CONDITIONS and any contract stipulated with the CLIENT are regulated by Spanish law, with the exception of the application of community regulations and international treaties, when applicable, as well as national consumer protection regulations.
16.2 For any controversy regarding the interpretation, execution, validity or efficacy of these GENERAL CONDITIONS and of any contract stipulated with the CLIENTS, the Jurisdiction to which NELA DISEÑOTE is attached at the time of the controversy will be exclusively competent.
16.3 The language of interpretation in case of confusion about the meaning of a term or of a provision of these Conditions of Sale, is Spanish.