1.- IDENTIFICATION DATA:
The limited liability company NICKOLSON, S.L. (Hereinafter referred to as "NICKOLSON"), established in Badajoz, C/ Canarias, nº 23, Bajo, C.P. 06007, Spain, and with C.I.F. (Tax Identification Code): B-06700744, and registered in the Commercial Registry of Badajoz in volume 641, book 0, page 161, section 2 sheet BA-27528, is the owner of the domain name www.nickolsonbrand.com (Hereinafter referred as the “Website”) and web page and all subdomains and directories included therein.
Contact e-mail: email@example.com
2.- HOW TO USE THE WEBSITE:
Anyone can access the Website, without any prior registration or subscription. However, the user can register for a customer account and avoid filling in, his/her data every time he/she places an order.
If the user decides to register, he/she will obtain a username and a password, which are confidential. The user must use them with due diligence and must store them safely, in avoidance of being used by third parties, regardless of the relationship between the user and those third parties, because their transfer is not authorised.
The user commits to make adequate and responsible use of the content and services offered by NICKOLSON through its Website and to do not use them, including, but not limited to, for:
- a) Illegal activities or contrary to good faith and/or public order;
- b) Disseminating content or propaganda of racist, xenophobic, pornographic-illegal nature, justification of terrorism or against human rights;
- c) Causing damage to NICKOLSON’S physical and logical systems, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems, that are capable of causing the aforementioned damage;
- d) Attempting to access and use the email accounts of other users and modify or manipulate their messages.
NICKOLSON reserves the right to remove any comments and contributions that violate the respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or in its opinión, are not suitable for publication.
- RIGHTS AND OBLIGATIONS OF THE WEBSITE OWNER:
As a Service Provider, NICKOLSON is required to provide the services offered on the Website, effectively ensuring the secrecy of communications that may exist with the user.
NICKOLSON undertakes to answer the inquiries and/or complaints that could be made by the user through the email firstname.lastname@example.org.
NICKOLSON reserves the right to temporarily suspend, without prior notice, access to the Website, in case of necessary maintenance, repair, renovation or improvement of services.
- RIGHTS AND OBLIGATIONS OF THE USERS:
The user is responsible for the accuracy of the data provided to NICKOLSON.
The user may unsubscribe at any time and automatically as a registered user of the Website, communicating by e-mail to: email@example.com.
- EXCLUSION OF WARRANTIES AND LIABILITY FOR THE FUNCTIONING OF THE WEBSITE:
NICKOLSON is no way responsible for the inoperability or temporary unavailability of the Website for reasons not attributable to it, or for the possible damages that may result from such a lack of functionality or availability, regardless of the fact that NICKOLSON will make all necessary efforts to ensure the availability and functionality of the service.
NICKOLSON is no way responsible for any possible error or failure of security that may arise from the use by the user of an outdated or insecure version of a browser, as well as any other cause attributable only to the user.
Although NICKOLSON has implemented the necessary measures to ensure the security of the Website, it does not control or guarantee the absence of viruses or other elements in the contents of the Website that may cause alterations in the computer and/or computer system (software and hardware) user, or electronic documents, files or other items.
- INTELLECTUAL AND INDUSTRIAL PROPERTY:
NICKOLSON owns all rights to the content, design and source of this Website, particularly, but not limited to: images, photographs, text, logos, brands, designs, trade names, data included on the web, schedule menus, graphics, colours, tools, etc., being therefore protected by the national and international legislation on intellectual and industrial property.
All the software used for the development of the Website is owned by NICKOLSON or its suppliers and is protected by the national and international laws on intellectual and industrial property.
Any partial or total, direct or indirect reproduction, in any medium or format without permission from NICKOLSON is expressly prohibited, being also totally prohibited the copy, reproduction, adaptation, modification, distribution, commercialisation, public communication or any other breach of the applicable law.
For the purposes of being able to preserve the possible rights of intellectual property, in the event that any user or third party considers that there has been a violation of their legitimate rights by the introduction of a specific content on the Website, he/she must notify NICKOLSON such circumstance, by e-mail to the address firstname.lastname@example.org, indicating:
- Personal Data of the applicant, holder of the rights allegedly infringed. If the claim is submitted by someone other than the applicant, he/she should prove his/her representation.
- Indication of the rights protected by intellectual property content, and its location on the Website.
- Evidence of that intellectual property.
- Affidavit in which the applicant takes responsibility for the accuracy of the information provided en the notification.
The legitimacy of the intellectual or industrial rights corresponding to the contents provided by third parties is the sole responsibility for them.
The access to this Website does not grant the user any right or ownership over intellectual property rights of corporate elements.
- POLICY LINKS:
Links from other websites:
Those who link from a web page from another website to any of the web pages of NICKOLSON must be subject to the following conditions:
- Total or partial reproduction of any of the services or content of the Website without prior written consent of NICKOLSON is not allowed.
- Deep-links or IMG links, or frames with the Website cannot be established without prior consent from NICKOLSON
- No false, innacurate or incorrect statements about the NICKOLSON Website shall me made, or about its services or content. Except those signs that are part of the link, the website, that establishes a link to the NICKOLSON Website, will not have any trademark, trade name, label, name, logo, slogan or other distinctive signs belonging to NICKOLSON, unless it had been authorized by NICKOLSON.
- The establishment of the link does not imply the existence of a relationship between NICKOLSON and the holder of the website, from which it is made, nor the knowledge and acceptance from NICKOLSON about the services and content offered in such a website.
- NICKOLSON is not responsible for the contents or services made available to the public on the website from which the hyperlink is made, or the information and statements included therein.
Links to other sites:
The Website of NICKOLSON may make available to the user links to other websites operated and controlled by third parties, with the sole function of facilitating users to search for information, content and services on the Internet, but in no case be considered a suggestion, recommendation or invitation to visit them. NICKOLSON does not sell, manage, or previously control, nor own the content, services, information and statements available on these websites.
NICKOLSON does not assume any responsibility, directly, indirectly or subsidiarily, for damages of any kind arising from access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, events, products and existing services or offered on websites not managed by NICKOLSON and that are accessible through this Website
- BREACH. RIGHT OF EXCLUSION:
NICKOLSON will pursue the breach of these conditions and any misuse of its Website exercising all legal action possible by law.
- MODIFICATION OF THESE TERMS:
10.1. Purpose of the data collected and consent to data process:
The user is informed that, through the various registration forms on the Website, data is collected and stored on a file owned by NICKOLSON, with the sole purpose of:
- a) Maintaining the commercial relationship that consists in the purchase of the products offered on the Website, as well as management, administration, information, provision and improvement of the services offered.
- b) To send bulletins or newsletters, new posts of the Journal or Website’s Magazine.
- c) To send commercial communications of promotions and/or advertising of the Website and the fashion industry.
All fields of the registration forms are mandatory, making it impossible to perform the expressed purpose if full data is not provided.
NICKOLSON commits to keep the strictest confidence over the information that is provided and to use it only for the indicated purposes.
Only NICKOLSON, and the data processors appointed by it, have access to user data, and under any circumstances, this data will be transferred, shared or sold to any third party.
10.2. Regulatory compliance application:
NICKOLSON meets the guidelines of applicable Law - Ley Orgánica 15/1999 de 13 de diciembre de Protección de Datos de Carácter Personal (LOPD) y el Real Decreto 1720/2007 de 21 de diciembre (RLOPD) that approves the Regulation implementing the LOPD- and other applicable regulations, in order to ensure proper use and handling of personal user’s data.
The user is informed that NICKOLSON complies with the Ley 34/2002 de 11 de julio, de Servicios de la Sociedad de la Información y el Comercio Electrónico, and will seek consent to the processing of his/her e-mail for commercial purposes at all times.
In compliance with the LOPD, the user is informed that the data provided, as well as the derived of the browsing, may be stored in the files of NICKOLSON and processed for the purpose of fulfilling his/her request and maintenance of the relationship established in the various forms.
Additionally, the user consents to the processing of data for the sole purpose of keeping the commercial relationship that consists of the purchase of the products offered on the Website, as well as management, administration, information, provision and improvement of service offered, to send bulletins or newsletters, new posts of the Journal or Website’s Magazine, and to send commercial communications of promotions and/or advertising of the Website and the fashion industry.
10.3. Exercise of Rights of Access, Rectification, Cancellation and Opposition (ARCO Rights).-
The individuals, that have provided their personal data, may address NICKOLSON, in order to freely exercise their rights of access, rectification, cancellation and opposition regarding the data included in their files.
The data subject may exercise his/her rights by written communication addressed to NICKOLSON with reference “Data Protection/NICKOLSON”, specifying his/her data and the reasons for the request to the following address:
C/ Canarias, nº 23, bajo
06007 Badajoz (Spain)
Or by sending an e-mail to de following address: email@example.com
10.4. Security measures.-
NICKOLSON reports that it has have implemented the necessary technical and organizational security measures to guarantee the security of the personal data obtained and avoid its alteration, loss and unauthorized process or access, given the state of the technology, nature of the data stored and the risks that are exposed, whether from human action or physical or natural environment, in accordance to the provisions of the LOPD (Section 9) and the RLOPD (Title VII).
Furthermore, NICKOLSON has established additional measures in order to enforce the confidentiality and integrity of information in its organization, continuously maintaining supervision, monitoring and evaluation processes to ensure respect for data privacy.
As a service to the Website visitors, it may include hyperlinks to other websites that are not managed or controlled by NICKOLSON. Therefore, NICKOLSON does not guarantee or will not be held responsible for the lawfulness, usefulness, truthfulness and updating of the content of such websites or their privacy practices. NICKOLSON begs the user to take into account the privacy policies of such other websites before providing them with their personal data, because they can be different than NICKOLSON’s policies established in this document.
10.7. Data controller and data processors:
The data controller is NICKOLSON, S.L.
As data processors outside NICKOLSON, hired as provided for in article 12 of the LOPD, are:
Canada is a country with an adequate level of data protection as set out in Decision 2002/2/CE, respect of entities subject to the scope of Canadian law protection data.
- Courier services, which provide transport services of the products offered on the web.
NICKOLSON has required such companies to comply with the regulatory provisions on data protection at the time of hiring their services.
- COOKIES POLICY
11.1. General Information
Cookies are a small text file of information that the server of this Website sends to the user’s device (personal computer, laptop, smartphone, tablet, etc.) to store and retrieve information on navigation that is made from such equipment. We can distinguish different types of cookies
- a) Types of cookies as per the entity that manages them: Depending on who is the entity that manages the computer or domain from which cookies are sent and process the data obtained, we can distinguish:
- First party cookies: These are those that are sent to the user’s device from a server or a domain managed by the editor and from which the service requested by the user is provided.
- Third Party cookies: Those that are sent to the user’s device from a server or domain that is not managed by the editor, but by another entity that processes the data obtained through the cookies. In the event that cookies are installed from a server or domain managed by a third party, they cannot be considered as first party cookies.
- b) Types of cookies as per the time they remain activated:
Depending on the length of the time they remain active in the user’s device can be distinguished:
- Session Cookies: These are a type of cookies designed to collect and store data while the user accesses a web page. They are often used to store information that is only important for providing the service requested by the user once (e.g. a list of acquired products).
- Persistent Cookies: These are a type of cookies in which the data is stored in the user’s devices and it is possible to access and process such data during a defined period by the cookies controllers, and this period can range from a few minutes to several years.
- c) Types of cookies by purpose:
- Technical Cookies: These are those that allow the user to navigate through a website platform or application and to use the different options or services existing therein as, for instance, controlling the traffic and data communication, identifying the session, accessing restricted areas, remembering the product orders placed, , requesting registration or participation in an event, using security features while browsing , storing contents for video broadcast or sound or sharing content via social networks.
- Cookie customisation: Those that allow the user to access the service with some features of a general nature predefined depending on a number of criteria in the user device, as for instance the language, the type of browser through which he/she accesses the service, the local configuration from which the user accesses the service, etc.
- Analytical Cookies: Those that allow the monitoring and behaviour analysis of users of the Websites to which they are linked. The information gathered through such cookies is used to measure the traffic of the Website, application or platform sites and profiling of user navigation of such sites, applications and platforms, in order to make improvements based on analysis of usage data that the users of the service make of it.
- Advertising Cookies: Those that enable the management, in the most efficient way, of advertising spaces that the webmaster has included on a Website, application or platform from providing the requested service based on criteria such as the edited content or the frequency in which ads are displayed.
- Behavioural Advertising Cookies: Those that enable the management, in the most efficient way of advertising spaces that the webmaster has included on a Website, application or platform from providing the requested service. These cookies store information of user’s behaviour obtained through the continued observation of their browsing habits, allowing to develop a specific profile to display ads based on it.
In this link, the user can access to the “Cookies Guide” published by the Spanish Data Protection Agency:
11.2. Cookies used by NICKOLSON
NICKOLSON uses different kind of cookies:
- a) First party cookies (Sent to the user device from the domain managed by NICKOLSON): Technical cookies.
- b) Third party cookies (those sent to the user device from a server or domain which is not managed by NICKOLSON):
Analytical cookies of Google Analytics: In the following link the user can find more information about the use that Google makes of the Google Analytics cookies:
Analytical cookies of Shopify Stats: In the following link the user can find more information about the use that Shopify makes of the cookies:
Advertising cookies of DoubleClick by Google: In the following link the user can find more information about the use that Shopify makes of the DoubleClick cookies:
Cookies of social plugins (Facebook, YouTube, Twitter, LinkedIn, Instagram, Google+, etc.) that monitor the activity of website users.
More information in the links below:
11.3. How to block or disable cookies
Safari, from: http://support.apple.com/kb/ph5042
There are third party tools, available online, that allow users to detect, manage and disable cookies on any website.
Web browsers store the cookies and the user may exercise his/her right to remove them or disable them from those browsers.
Neither this website nor their its representatives can ensure the correct or incorrect handling of cookies by the browsers mentioned.
In some cases it is necessary to install the browser cookies to remember the user’s decision not to accept them.
The acceptance of this cookies policy implies that the user has been informed in a clear and comprehensive way of the use of storage devices and data recovery (cookies) and that NICKOLSON has the consent for the use thereof as provided for in Article 22.2. of the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico (LSSI-CE).
For any questions or concerns about this cookies policy the user may contact NICKOLSON through the following e-mail address: firstname.lastname@example.org.
- Applicable Law and jurisdiction
In case of dispute or controversy concerning the application or interpretation of such terms and policies, the parties will be subject to the courts having jurisdiction in accordance with the current legislation.
These conditions govern the purchase of products through the Website www.nickolsonbrand.com, or any of its sub-domains and directories included therein (hereinafter, the “Website” or the “Platform”).
Acceptance of this document, by marking the corresponding checkbox, implies that the CUSTOMER:
- Has read carefully and has understood what is stated here.
- Is over 18 years old with sufficient capacity to acquire the obligations arising from its actions through the Website.
- Agrees with these conditions.
Certain services may be subject to particular conditions, which depending on the case, substitute, complete and/or modify the present conditions: In case of contradiction, the terms of the specific conditions of these general terms and conditions shall prevail. These conditions will have an indefinite validity.
- PARTIES OF THE CONTRACT:
The parties of the contract are the CUSTOMER and NICKOLSON, S.L. (hereinafter, “NICKOLSON”), located in Badajoz (Spain), C/ Canarias, nº 23, bajo, with C.I.F. (Tax Identification Number): B-06700744.
To contact NICKOLSON directly and effectively, the user can send an e-mail to the following address: email@example.com Monday to Friday from 9:00 h to 19:00 h.
- OBJECT OF THE CONTRACT:
These conditions are to govern the contractual relationship of sale between NICKOLSON and de CUSTOMER as provided herein. Such contractual relationship implie delivery in exchange for a certain price published through the Website of a particular product.
3.- BASIC FEATURES OF THE PRODUCTS:
The features of the products will be detailed in each product sheet published on the Website.
NICKOLSON tries to show the colour of its products as close as possible to the actual colour. However, the colour of the products may be subject to change depending on the quality of the user’s monitor.
4.- PURCHASING PROCEDURE:
Language.- Currently the purchasing procedure can be made in Spanish and English.
Copy of the conditions attached to the purchase.- NICKOLSON will not keep a copy of these conditions linked to each purchase, so we recommend the CUSTOMER keeps copies of them for every purchase.
Technical means.- The Website does not have technical means to identify and correct errors in data provided by the CUSTOMER, but detects if a field of the form in not completed when it is necessary to process the order.
Product catalogue.- The customer may access the product catalogue offered on the Website, through its different sections or through the homepage.
If the CUSTOMER is interested in any product, he/she may click on it, accessing its product sheet, where its description and features are.
Customer account.- The Website offers the user the possibility of registering for a customer account, avoiding the user from having to input all data each time an order is placed. In order to register, the CUSTOMER must click on the “REGISTER” BUTTON, filling his/her name, e-mail address and a password of his/her choice.
Once this is done, the system sends a welcome e-mail, remembering the activation of the customer account the next time the customer buys a product on the Website, logging in, in order to confirm the purchase in a more agile and quicker way.
The first time the CUSTOMER logs in, he/she should include a shipping address, that may be modified or replaced by another at any time thereafter. In any case, when making the first purchase, the system will request this data.
Both the username and the password are confidential. Therefore, the CUSTOMER must use them with due diligence and store them safely, so that no possible use by third parties, regardless of the relationship that the user maintains with them, considering that its assignment is prohibited
Consequently, the CUSTOMER commits to communicate immediately to NICKOLSON both the loss of the username and/or the password, regardless of the cause, as well as any danger or damage to its confidentiality, responding, otherwise, of any injury or damage caused by verified access through that username or password.
Purchase of the product.- To proceed to purchase any of the products offered on the web, the CUSTOMER must click on the button “Add to cart” and repeat the operation to add any other product to the order. To confirm the order, the CUSTOMER must click on the button “GO TO CART” or on the “shopping cart” icon located in the header of the web and which will see an indicative superscript number of added products, allowing to:
- View shopping cart (detail of added products, specifying the total price of each one, as well as applicable taxes and shipping charges), offering the possibility of removing any of them.
- Check out purchase of the selected products, entering the username and password or filling in the form with his/her personal data. The same data will be requested as mentioned above in order to create the customer account, except the password. However, the option of creating account is available, but in that case the CUSTOMER has to set a password.
The CUSTOMER may select the shipping method and payment method, and previously check in the section “CHECK YOUR ORDER” the details of the order, the price, applicable taxes and shipping costs. Once all this is done, the CUSTOMER may click on the button “PAY THE PURCHASE”. The next step will be to include payment details.
To place an order, the CUSTOMER must fill in the data requested therein, all of which is essential for carrying out the purchase, being the CUSTOMER responsible for the truthfulness, accuracy and correctness of such data.
If the CUSTOMER detects an error in the data entered in the form, he/she may and must proceed to its amendment via contact form or e-mail to: firstname.lastname@example.org.
NICKOLSON reserves the right to verify the personal data supplied by the CUSTOMER and take action as appropriate to ensure compliance with these conditions.
Forms of Payment:
Payment by Credit Card/Debit Card: The charge on the card is done in real time through the virtual POS (Point of Sale), once verified that the data provided by the CUSTOMER is correct. NICKOLSON will not store any of the data related to the credit/debit card.
At the time of processing the order, the credit card data will be encrypted and transmitted absolutely safely to the financial institution, with the sole purpose of paying the order.
The credit/debit cards are subject to validation checks and authorisation by its issuing institution, but if the entity does not authorise payment, the purchase contract cannot be considered formalised.
If the CUSTOMER chooses this form of payment, he/she is guaranteeing that there is full authorization for the use of credit/debit card involved in the process.
If the CUSTOMER has a discount coupon, by reason of any promotional activity, he/she may include the code of the coupon at the moment of the purchase, being applied a discount according to the particular terms and conditions of the promotional action. Such coupons shall in no case be accumulated. NICKOLSON will accept only one coupon by order.
To confirm the order, the CUSTOMER must click on the button “CONFIRM ORDER”. Once this is done, the CUSTOMER will receive a confirmation e-mail to the e-mail address provided by him/her, in which the details of the order will be provided, the Price of the purchase, shipping costs, shipping address specified by the CUSTOMER, the payment form selected and PDF file attached with the conditions of the purchase.
5.- AVAILABILITY AND DELIVERY:
The items offered through the web are available for shipment to the territory of the European Union (excluding Canary Islands, Ceuta and Melilla, United Kingdom and Ireland), to the address provided by the CUSTOMER. In no case orders will be delivered to post office boxes.
If you want to order from outside the European Union, the customer must contact NICKOLSON through the e-mail email@example.com.
As provided in Article 110 of the Spanish Law on Protection of Consumers and Users (Texto Refundidos de la Ley General de Defensa de los Consumidores y Usuarios Real Decreto Legislativo 1/2007 de 16 de noviembre), if NICKOLSON does not execute the contract, because the item purchased is not available, the CUSTOMER will be informed and will recover, without undue delay, the sums that the CUSTOMER has paid.
In accordance with the provisions of the Article 111 of the Spanish Law on Protection of Consumers and Users, the CUSTOMER is informed that if the purchased product is not available, he/she may request NICKOLSON to supply, without price increase a product of similar or higher quality and may exercise the right of withdrawal and right of resolution in the same way as if it were the product initially purchased.
Delivery of orders will be made to the shipping address provided by the CUSTOMER. NICKOLSON is not responsible if the product cannot be delivered because data provided by the CUSTOMER is false, inaccurate or incomplete, or if delivery cannot be made for reasons beyond the courier, assigned for this purpose, as for instance the absence of the recipient.
In case of absence of the recipient at the time of delivery, the courier will leave notice indicating how to proceed to establish a new delivery. If it is not possible to leave such notice, the courier will contact the CUSTOMER by telephone. If these efforts do not work, NICKOLSON will send an e-mail to the address provided by the CUSTOMER giving instructions to resolve the issue.
The deliveries will be done through courier companies hired for that purpose by NICKOLSON, always conserving the CUSTOMERS’ best interest in the choice of courier company.
6.- SHIPPING FEES:
Shipping fees are detailed on the Website for each product and will be detailed in any case before the order confirmation by the CUSTOMER.
Customs Information: When the CUSTOMER places an order for products on the Website for NICKOLSON to make delivery in a country outside the European Union, the user could be required to pay duties and taxes on imports, which will be charged when the package reaches its destination.
Any additional costs due to customs clearance will be the sole responsibility of the CUSTOMER. NICKOLSON has no control over such amounts. Customs policies vary significantly from country to country so, for more information, please check with the relevant customs office. Also, when ordering through the Website, the law formally considers the CUSTOMER as importer and must therefore comply with all laws and regulations applicable in the country that receives the product. Also it warns that international shipments are subject to opening and inspection by customs authorities.
Delivery of each product may depend on multiple factors such as, origin, availability, calendar holidays, and saturation shipments on certain dates (such as Christmas). However, below the estimated delivery deadlines are as follows:
Delivery in peninsular territory and Balearic Islands: Notwithstanding the foregoing, deliveries to peninsular territory (Spain and Portugal) will be made within approximately 24 to 48 hours from Monday to Friday (weekends no service distribution)
Orders placed on Friday after 16:00 hours or on Saturday or Sunday, will be considered to have been made to date the following Monday, for the purposes of delivery.
Delivery in the European Union: The minimum delivery of orders placed from any country in the European Union, will be 4 to 7 days from the date of the order, excluding Saturdays, Sundays and holidays. The same applies to this type of shipment, the above regarding the weekends in no delivery service.
Delivery outside the European Union (including Canary Islands, Ceuta and Melilla): In the event the order is placed from any territory outside the European Union (including Canary Islands, Ceuta and Melilla), the CUSTOMER must contact NICKOLSON by e-mail: firstname.lastname@example.org
8.- PRICES AND INVOICING:
Prices of the products will be published on the Website and will include the applicable V.A.T. and must be fully paid at the time of placing the order.
Prices of the products may be modified upwards or downwards, depending on many causes, notwithstanding any change in prices will take effect from the date of modification thereof, not affecting orders placed with the previous price modification.
The invoice for the products purchased by the customer will be issued by NICKOLSON and include value added tax (VAT), if any, is appropriate for the rate applicable at all times.
CUSTOMER consents expressly to the issuance of electronic invoicing. The electronic invoice will be received by mail. The CUSTOMER who is a consumer and user may revoke that consent by sending an email to that effect to the address: email@example.com.
NICKOLSON delivers to the CUSTOMER products which comply with the contract, adjusted to the description given at the specifications made by the CUSTOMER and with qualities of the product that have been presented to the CUSTOMER and NICKOLSON will be liable for any lack of conformity which exists at the time of delivery.
Under the provisions of article 123 of the Spanish Law on Protection of Consumers and Users (Real Decreto Legislativo 1/2007 de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios) NICKOLSON will be liable for the nonconformity of products that become apparent within two years from delivery.
10.- COMPLAINT PROCEDURE:
In the event of lack of conformity, error, defect or damage attributable to NICKOLSON, the CUSTOMER must inform NICKOLSON via e-mail: firstname.lastname@example.org, within two months after he has knowledge of it, indicating the reference number of the purchase and the detected anomaly or defect. The breach of that term does not imply loss of warranty, but the CUSTOMER is liable for damages caused by the delay in communication.
Online Dispute Resolution European Platform.
The CUSTOMER resident at the European Union also may use the Online Dispute Resolution, through the following link:
Through such platform consumers and merchants can file claims through an electronic form, available in all languages of the European Union, for all matters related to e-commerce or services on the network, according to the provisions of the Regulation (EU) Nº 524/2013 of the European Parliament and of the Council of 21 May 2013 and the Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.
For any question about such ODR Platform, the CUSTOMER may address the EUROPEAN CENTER OF THE CONSUMER IN SPAIN (http://www.cec.consumo-inc.es/), located in Madrid (Spain), C/ Príncipe de Vergara, nº 54 C.P. 28.006. Telephone number: +34 91 822 45 55. Fax number: +34 918224562. E-mail: email@example.com
11.- RIGHT OF WITHDRAWAL:
The CUSTOMER has the right to withdraw from this contract within 14 natural days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the delivery date of the purchased product to the CUSTOMER or to the person designated by him/her for collecting the product, other than the courier.
To exercise the right of withdrawal, the CUSTOMER must notify his/her decision to withdraw from the contract by an unequivocal statement (e.g. a communication sent by mail or e-mail). The CUSTOMER may use the model withdrawal form below, although its use is not mandatory:
Withdrawal model form in accordance to Annex of Consumers and Users Act of 2007 (the customer can copy and paste the form below into an email and complete his/her data if he/she wants to withdraw from the contract)
To the attention of NICKOLSON, S.L., located in Badajoz, C/ Canarias, nº 23, bajo 06007- Spain. E-mail contact: firstname.lastname@example.org.
I hereby communicate my wish to to withdraw from the purchase contract of the following product_______________ [identify the product], the order of which was placed on ___/___/20__, and was received on ___/___/20__
Name of the CUSTOMERS: ________________________________
Address of the CUSTOMERS: ________________________________________
Date of communication of withdrawal: ___/___/20__
To meet the withdrawal period it suffices that the communication concerning the exercise of the withdrawal right by the customer is sent before the expiry of the deadline.
Consequences of withdrawal:
In case of withdrawal exercised and communicated by the CUSTOMER, and once such communication is received, NICKOLSON provides the CUSTOMER the precise instructions for returning the order on exercising the right of withdrawal, expressly indicating the address where the products must be sent.
The CUSTOMER should bear the direct cost of returning the products in case of withdrawal and must for that purpose, hire the courier or post service which he/she deems appropriate. In no event a return will be admitted under the form of “postage due".
All the payments received thereof, including delivery charges (with the exception of the additional costs resulting from the choice by the COSTUMER in a mode other than the least expensive type of standard delivery offered by NICKOLSON), without undue delay and in no case later than within 14 calendar days from the date on which it has informed to NICKOLSON of the decision to exercise the right of withdrawal. NICKOLSON may retain such reimbursement until the reception of the products, or until the CUSTOMER has supplied evidence of the return of the property, whichever condition is met first and in both cases to the address indicated by NICKOLSON for that purpose. It shall make such reimbursement using the same forms of payment used by the CUSTOMER for the initial transaction.
The CUSTOMER should return or deliver products directly to the address indicated by NICKOLSON, without undue delay and in any case no later than within 14 calendar days from the date communicated by the CUSTOMER’S decision to withdraw from the contract. The deadline is met if the CUSTOMER sends back the products before the period has ended.
According to Article 74 of the Spanish Law on Protection of Consumers and Users (Texto Refundidos de la Ley General de Defensa de los Consumidores y Usuarios Real Decreto Legislativo 1/2007 de 16 de noviembre), related to the consequences of exercising the right of withdrawal, and existing the duty for both parties to restore reciprocally the benefits once exercised the withdrawal right, the CUSTOMER must return the products with its original packaging and with all the accessories and/or supplements delivered.
The CUSTOMER only will be responsible for the diminished value of the product resulting from a handling in a different way to that necessary to establish the nature, features and functioning of the products.
- RETURNS OF DEFECTIVE PRODUCTS:
If the delivered products are not in conformity with the contract, because of damage or defect not attributable to the CUSTOMER, the CUSTOMER must contact NICKOLSON via e-mail: email@example.com, providing the data about the acquired products and indicating what is the defect detected, the date in which the order was placed, the date of delivery, name and e-mail. NICKOLSON will contact the CUSTOMER to inform him/her how to proceed.
In any case, if the defect is confirmed, all expenses will be reimbursed (including shipping), and NICKOLSON will bear the costs of the return.
- APPLICABLE LAW AND JURISDICTION
In case of dispute or disputes concerning the application or interpretation of such terms and policies, the parties will be subject to the courts having jurisdiction in accordance with the current legislation.