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PURCHASE CONDITIONSPREVIOUS CONDITIONS This document establishes the conditions governing the use of this website and the purchase of products in it (hereinafter, the “Conditions”).
We ask you to carefully read these Conditions before using the website. When you browse the website or process an order through it, you are bonded by these Conditions; so, if you do not agree with all these Conditions, do not use the website.
Please read these Conditions regularly, since the Conditions in force when the website was created or when the contract was entered (as defined below) will be the enforceable conditions. The contract (as defined below) can be entered in any of the languages in which these Conditions are available in this website; you choose.
All along this text, we will inform you of the right you are entitled to as purchaser and the conditions defined as per the acquisition of a product in our website so every process is legally valid and we can provide you the utmost security while shopping.
When buying one of our products, you must accept the Conditions by clicking on the checkbox “I have read accept the terms and conditions”. If the Conditions have not been accepted, the purchase will not be confirmed. This guarantees you all your rights as consumers.
WHO ARE YOU BUYING FROM?As a buyer, you must always be aware of who you are buying from and against who you must claim from if anything does not go as expected; so, as established in the Spanish Law 34/2002 on Services for the Information Society and E-Commerce (LSSICE), we are obliged to be transparent about our identity in the first place.
The nightbra.com website is owned and operated by Méndez Chaín S.L., with Tax ID B-38515623 and registered offices in C/ José Murphy nº 2, 38002 – Santa Cruz de Tenerife (Spain), email address: email@example.com and registered in the MERCANTILE REGISTER of Santa Cruz de Tenerife, Book 1806, Sheet 103, Page 19916, General Section, First Office.
The website of Nightbra.com aims at offering own-manufactured and internationally patented articles for the care of women. These articles are available to be shipped to every corner of the world.
YOUR DATA WHEN YOU VISIT OUR WEBSITEThe information in these Conditions and the details of the website are not a sale offer, but a hiring invitation. There will not be any contract between the user and Méndez Chaín S.L. regarding any product until your order has been expressly accepted by us. If your offer is not accepted and your bank account has already been charged, the amount will be fully reimbursed.
The information or personal data you provide us will be treated as per our Data Protection and Privacy Policies. When browsing our website, you accept the treatment of that information and data and confirm that all the information and data you provide are true.
THE USE OF OUR WEBSITEWhen using this website and/or ordering products through it, you commit to:
Using this website only for legally valid enquiries and orders. You will not place any fake or fraudulent order. If it could be reasonably considered that an order of such nature has taken place, we will be authorized to cancel it and inform the pertinent authorities. You will provide us your accurate and true email address, postal address and/or other contact information. Also, you allow us to use that information to contact you if it is necessary as per our Privacy and Data Protection Policies (see Legal Notice).
If you do not give us all the information we need, we will not be able to process your order. When purchasing through our website, you state you are over 18 years of age and you have legal capacity to enter contracts.
ACCEPTATION AND VALIDATIONTo make an order, you will have to follow the online purchase procedure, add articles to your shopping cart, click on “Process Order”, fill the data required for the delivery and click on “Send Order” so you can subsequently confirm the payment. After this, you will receive an email acknowledging receipt of the order (the “Order Confirmation”). Please note that this does not mean that the order has been accepted, since it constitutes an offer made to buy one or more products and its payment must be confirmed. All payments must be approved by us. Once we have done so, you will be informed through an email in which we will confirm the shipping of the product.
From the moment we accept the purchase, the user becomes a Client and the purchase contract of a product (the “Contract”) is entered. Only those products displayed on the Shipping Confirmation will be the subject of the contract. We will not be obliged to provide you any other product that could have been subject of the order until we confirm the shipment in a confirmation email.
AVAILABILITY OF PRODUCTSAll orders are subject to the availability of the products. In this sense, if there are difficulties affecting the supply of products or if there is no stock left, we reserve the right to provide you information on quality replacement products for the same value or over their value; if you do not want to make an order of those replacement products, we will reimburse you any amount you might have paid.
REFUSAL TO PROCESS AN ORDERWe reserve the right to withdraw any product from this website at any time and to remove or modify any material or content from it. Even though we will put all our efforts into processing all orders, exceptional circumstances obliging us to reject the processing of some orders may arise. We will not be held responsible before the Client or any third party for having withdrawn any product from the website —regardless of the product being sold or not—, for removing or modifying any material or content from the website or for refusing to process an order once we have sent the order confirmation.
DELIVERY TIMESNotwithstanding the previous section, delivery times can be checked at all times on the following link: Shipments.
If, for any reason, we could not comply with the delivery date, we will inform you of these circumstance and we will give you the option to carry on with the purchase establishing a new delivery date or to cancel the order and have the total paid amount reimbursed. Bear in mind that we never deliver products on Saturdays or Sundays.
If 15 days go by since your order has been available to be delivered and it has not been delivered due to any reason not attributable to us, we will understand that it is your will to withdraw from the contract and we will deem it solved. As a consequence of the termination of the contract, we will reimburse you all the payments received, including the delivery expenses and, in any case, in the maximum period of 14 days counting from the date we deem the contract terminated. Please bear in mind that the shipping originated by the termination may result in an extra cost, so we will be entitled to charge you the pertinent costs.
As per these Conditions, we will understand that the “delivery” has taken place or that the order has been delivered when signing its reception in the agreed delivery address.
PRICESThe prices indicated on each product are always indicated on the website, except in the case of obvious mistakes. Since our factory is in Santa Cruz de Tenerife, our articles do not pay VAT for transactions within the EU.
Even though we try to make sure that all prices on the website are right, we can make errors. If we found any error in the price of any of the ordered products, we will inform you as soon as possible and we will give you the option to confirm the order at the right price or to cancel it. If we are not able to contact you, the order will be cancelled and the full paid amount will be reimbursed to you.
Prices may change at all times but, except as previously established, eventual changes will not affect the orders of which you have already received a confirmation.
TRANSFER OF PROPERTYYou will acquire the property of the products when we receive the full payment of all the amounts due regarding those products, including the shipping costs, or when the delivery takes place if it happened in a subsequent moment.
POLICY OF EXCHANGES AND RETURNSOur Policy of Exchanges and Returns can be checked by clicking on the link about “Changes and Returns”
LIABILITY AND EXEMPTIONUnless expressly stated in these Conditions, our responsibility regarding any product acquired through our website will be strictly limited to the purchase price of such product.
Nevertheless and except otherwise stipulated by the law, we will not accept any responsibility from the following losses, regardless of its origin:
» Loss of revenues or sales
» Loss of business
» Loss of profit or loss of contracts
» Loss of foreseen savings
» Loss of data
» Loss of management time or office schedule
Due to the open nature of this website and to the eventual errors that might take place when storing and transferring digital information, we do not guarantee the precision and security of the information transferred or obtained through this website unless expressly established on it.
All descriptions of products, information and materials on this website are provided ad corpus and with no express or implicit guarantees. As far as the law allows so, we exclude all guarantees except for which cannot be legitimately excluded before consumers and users. This clause will not affect your legal rights as a consumer and user or your right to withdraw from the contract.
WRITTEN COMMUNICATIONSThe applicable legislation requires that part of the information or communication we send you be in written form. By using this website, you accept that most of such communications with us are sent by electronic means. We will contact you per email or we will provide you information by hanging notices in this website. As regards the contract, you allow the use of this electronic means and acknowledge that any contract, notification, information and other communications we send you electronically comply with the legal requirements of being in written. This condition will not affect your legally recognised rights.
The notifications you send us must be sent to our email address (firstname.lastname@example.org). As per the previous clause and unless specified otherwise, we will be allowed to send communications either to the email address or to the postal address you provided us when you ordered the product. To check that the notification took place, it will suffice with proving, in the case of a letter, that the right address had been written, it was duly stamped and it was submitted in the postal services or in a public mailbox; for emails, the fact that it was sent to the email address provided by the receiver must be checked.
TRANSFER OF RIGHTS AND OBBLIGATIONSThe contract is binding both for us and for you, as well as for our successors and transferees.
You will not be entitled to transfer or levy by any means a contract or any of the rights or obligations coming from it in your favour without our prior written permission. We can transfer, levy, outsource or transfer, by any means, a contract or any of the rights or obligations coming from it in our favour or for ourselves at any point during the efficacy of the contract. In order to avoid any doubts, such transfers or levies of any kind will not affect the rights to which you are entitled as a consumer by the law; and will not, in any way, reverse, reduce or limit in any way the guarantees (both express and tacit) we may have granted to you.
EVENTS OUT OF OUR CONTROLWe will not be held accountable for any breach or delay when fulfilling any of the obligations we take under the protection of a contract if the cause is due to events out of our reasonable control (“Force Majeure”).
By Force Majeure we will understand any action, event, omission or accident within our reasonable control and, among others, the following:
» Strikes, lockouts or other industrial actions.
» Civil commotion, revolts, invasions, terrorist attacks, terrorist threats; war (declared or not), threat of war or preparation for war.
» Fire, explosion, storm, floods, sinking, epidemics or any other natural disaster.
» Impossibility to use trains, boats, planes, motor transports or other public or private means of transportation.
» Impossibility to use public or private telecommunication systems.
» Actions, decrees, laws, standards or restrictions from any government or public authority.
» Strike, failures or accidents in river or sea transportation, postal services or any other type of freight.
We will understand that our obligations derived from the contracts will cease during the period in which the Force Majeure continues and we will have at our disposal an extension of the term to fulfil those obligations for a period of time equal to that of the event causing the Force Majeure. We will provide all the reasonable means so as to end the Force Majeure cause or to find a solution which allows us to fulfil our obligations as per the Contract, regardless of the event causing the Force Majeure.
WAIVERThe fact that we do not require you to strictly comply with any of the obligations assumed in the Contract or with these Conditions; and even if we do not exercise the rights or actions we are entitled to as per this Contract or these Conditions; it will not mean a waiver or limitation regarding the rights or actions and it will not exonerate you from complying with those obligations.
No waiver from our side to a specific right or action will mean a waiver to other rights or actions derived from the Contract or the Conditions.
No waiver from our side to any of these Conditions or to the rights or actions derived from the Contract will come into force unless expressly established that it is a waiver, it is formalized and it is communicated to you in written, as per the previous Notifications section.
PARTIAL NULLITYIf any of these Conditions or any disposition of a Contract were declared null and void through a final decision from a competent authority, the other terms and conditions will still be in force and they will not be affected by such declaration of invalidity.
FULL AGREEMENTThese Conditions and any other document to which express reference is made in them constitute the full existing agreement between you and us regarding the subject of the contract and replace any other previous agreement or promise between you and us verbally or in written.
We and you acknowledge having accepted to enter this contract without having trust any declaration or promise made by the other party or which could have been inferred from any declaration or written document in the negotiations stablished by the two of us before this Contract unless what is expressly mentioned in the Conditions.
None of us (not you, not us) will be entitled to any action before any uncertain declaration given by the other party, either verbally or in written, before the date of the contract (unless such uncertain declaration had been fraudulent) and the only action to which the counterparty will be entitled to will be breach of the contract as established by these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONSWe are entitled to review and modify these Conditions at any moment. You will be subject to the policies and Conditions in force at the time you use the website or process an order except if, provided the law or the administration bodies required so, changes had to be made retroactively in such policies, Conditions or Privacy Declaration; in that case, the eventual changes will also affect your previous orders.
APPLICABLE LEGISLATION AND JURISDICTIONThe use of our website and the product purchase contracts through this website will be governed by the Spanish legislation.
Any controversy coming from or related to the use of the website or with those contracts will be submitted to the non-exclusive jurisdiction of the Spanish tribunals and courts.
If you are hiring as a consumer, nothing in this clause will affect the rights recognised to you in the legislation in force.