C.G.V
Overview
These General Terms and Conditions of Contract - referred to as the GTC - govern the terms of purchase of the various products offered on our website: www.ninalo.com, owned by Ninalo.
Users who make purchases onninalo.com fully accept these terms and conditions and are bound by them as if they had been written at the time of contract/purchase. It is essential to read and accept the terms and conditions before purchasing any product from www .ninalo .com .
Our store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell products and services.
Ninalo reserves the right to modify the terms and conditions at any time and without prior notice. The terms and conditions will always be accessible through the website so that users can consult or print them at any time.
Prices and conditions of sale are not binding and may be modified according to market fluctuations. However, placing an order by filling out the order form implies acceptance of the price offered and the general conditions in force at that time. Once the order is formalized, the purchase is considered fully completed, with all the legal guarantees protecting the buyer as a consumer, and from that moment on, the prices and conditions are contractually binding and cannot be modified without the express consent of both parties. The contract is drawn up in French. The electronic document formalizing the contract will be archived and the user will be able to consult it in their customer area.
General conditions modified on September 29, 2020.
Ninalo reserves the right to refuse and/or suspend access to the services offered on www.ninalo.com in the event of a breach of good faith, applicable legislation, these general conditions of purchase and/or fraud on the part of this company and/or any of its suppliers.
1. ANSWER
To this end, Ninalo emphasizes that the revised text of the General Law for the Protection of Consumers and Users (TRLGDCU) offers several options for exercising the right of withdrawal. Among others, the possibility of completing a form electronically is envisaged. To shorten the time and facilitate an easy and immediate return, from Ninalo, we recommend that you make use of this possibility and complete the withdrawal form.
In accordance with current legislation, you can revoke the contract within 30 calendar days from receipt of the goods by the customer, without having to justify this decision and without having to pay a penalty. To do so, the conditions set out in this document must be met: Withdrawal Form.
The consumer is only liable for the diminished value of the good due to an effect on the good that goes beyond the nature, characteristics and functioning of the good.
The right of withdrawal does not apply to contracts for:
- The supply of goods or the provision of services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur during the withdrawal period.
- The delivery of goods manufactured according to the specifications of the consumer and user or clearly tailored to personal needs.
- The delivery of goods that are likely to deteriorate rapidly or whose best before date has passed.
- The delivery of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery.
- The delivery of goods that have been inseparably mixed with other goods after delivery and by their nature.
Once we have received the goods, we will refund the purchase price to the payment method you used:
- If you paid by credit card, we will credit your account within 48 to 72 hours.
- If you paid by Paypal, we will credit your Paypal account.
- If you paid by bank transfer, we will ask for an account number for the payment. Please note that it may take up to 48 business hours for the amount to be credited to your bank account. For all other payment methods, we will ask for an account number for the payment. You will only have to pay for the loss in value of the goods if it is due to handling the goods that is not necessary to check the condition, characteristics and functioning of the goods.
For more information on the return procedure, please refer to the current Spanish Consumer and Use Law, which you can consult at the following address: https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555.
2. RETURN CONDITIONS FOR INDIVIDUALS
All goods must be returned in their original packaging, in perfect condition and protected, without any stickers, seals, or adhesive tape directly on the surface or packaging of the item. Otherwise, Ninalo reserves the right to refuse the return.
Once you have completed and sent the return form, you will receive instructions in your email on how to send it to our facilities. You must return the goods to us immediately, but no later than 30 calendar days from the date on which you notified us that you were exercising your right of withdrawal.
Once we have received the goods and verified that they are in perfect condition, we will proceed with the refund. We will refund the payment received.
Return of gifts or promotional items. It is mandatory to send the complete return (package or complete item + gift) to initiate the refund.
3. WARRANTY
The warranty does not cover defects caused by misuse of the product and/or handling of the product that is not necessary to establish its nature, characteristics or functioning. In these cases, repair is the responsibility of the consumer. The following are therefore excluded from the warranty:
- Defects and damage caused by external events, accidents, particularly electrical ones, wear and tear and improper use of Ninalo.
- Products that have been modified or repaired by the customer or by another person not authorized by Ninalo, as well as products that are the subject of a special support contract.
4. CANCELLATION OF ORDERS
Cancellations of orders involving a refund to the customer by bank transfer are subject to a maximum period of 30 days for administrative procedures, subject to a maximum period of 7 days.
5. DISPUTE RESOLUTION
Online dispute resolution for consumers in accordance with Article 14(1) of Regulation (EU) 524/2013: the European Commission provides an online dispute resolution (ODR) platform at the following link: http://ec.europa.eu/consumers/odr/.
Do not post anything on the website before logging in.
6. APPLICABLE LAW
These general terms and conditions of sale are governed by British law, in particular by the provisions of Royal Legislative Decree 1/2007, dated 16 November, approving the revised text of the General Law on the Protection of Consumers and Users, as well as other ancillary laws.
7. PROCESSING OF WARRANTIES AND COMPLAINTS.
If you have any doubts about these general terms and conditions, please contact info@ninalo.com
By accepting Ninalo's SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned order reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile phone number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to stop receiving text marketing messages and notifications, reply STOP to any mobile message sent by us or use the opt-out link we provide in one of our messages. You understand and agree that alternative methods of opting out, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please send a HELP message to the number from which you received the messages. You can also contact us at: info@ninalo.com, or email address] for more information.
We have the right to change any phone number or short code we use to operate the Service at any time. You will be notified at that time. You agree that messages you send to a phone number or short code that we have changed, including requests to STOP or HELP, may not be received and that we are not obligated to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we are not responsible for the missed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any actions you may or may not take based on the information or the Service.
Your right to privacy is important to us. You can review our Privacy Policy to learn how we collect and use your personal information.
Arbitration Agreement and Class Action Waiver:
Arbitration:
By using or purchasing [Brand] products or services, you agree that any controversy, claim, action, or dispute between you and Ninalo arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of the Ninalo website, services, or materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance (each such controversy or claim, a "Claim"), shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which the parties agree to submit their disputes and potential disputes to a neutral third party (called an arbitrator) for binding decision, instead of having such dispute(s) resolved in a trial, in court, by a judge, or by a jury. The arbitrator shall issue a reasoned written award, including all findings of fact and law upon which the award was made. The arbitrator shall not have the authority to make errors of law, and the arbitrator's award may be vacated or corrected upon judicial review by a court of competent jurisdiction. Attorneys' fees, expert witness fees, and other costs and expenses incurred by each party in the arbitration shall be borne by the party incurring them.