GENERAL CONTRACTING CONDITIONS:
1. Purpose and Scope of Application
The purpose of these General Conditions is to regulate the relationship between NUUN KIDS DESIGN, S.C. (hereinafter known as nuun) and You (hereinafter known as the Customer), as regards all the transactions carried out in our virtual store located in the website www.nuunkidsdesign.com (hereinafter known as the Website), whose domain is property of nuun, a corporation duly established, with CIF number J-55146971.
Furthermore, the on-line contracting of the services offered by nuun through the present Website shall be subjected to the Disclaimer on the Website. Should a conflict arise between the Disclaimer and the present General Conditions, the latter shall prevail always and in every case.
2. Acceptance and proof of acceptance
Products must be purchased through the activation of the Send button on the bottom of the purchase order page. This expresses the total acceptance of each and every one of the General Conditions just as they appear on the nuun Website prior to the product purchase, but not applicable to the novelties that might be produced in the clauses of the General Conditions afterwards.
From the moment of acceptance, the User acquires the condition of nuun Customer that is described in these General Conditions. Any product or service subsequently offered by nuun shall be subjected to a new contract.
Should the Customer wish to read the General Conditions more carefully, he or she might print them on paper or save the document as an electronic file.
Once these General Conditions are accepted, nuun will send the Customer a justification of the generated contract, including all its terms, by e-mail or certified postal mail with an acknowledgement of receipt, before twenty-four hours have passed since the purchase.
nuun informs you that it files the electronic documents wherein purchases are formalized.
Should the Customer make a mistake when sending the data, he or she will be able to modify this by e-mail to [email protected] or by phone to the number (+34) 972 98 73 93.
3. Prices, Payment Methods, Delivery and Withdrawal
3.1 Prices
The prices applicable to each product are those indicated on the webpage on the date of the order, all of them including IVA (Added Value Tax).
Special offers will be duly marked and identified as such, conveniently indicating the previous price and the special offer’s price.
nuun has the right to make, at any time and without previous notice, any modifications on the Website that they might deem appropriate, and to make daily updates on products and services according to the market.
3.2 Payment method
Purchases may be paid via Visa or Mastercard credit cards, bank transference or PayPal. A secure Gateway Payment from Sabadell Bank is used. Our bank’s TPV (Point of Sales Terminal) is approved according to the Safe Electronic Commerce Protocol (CES in Spanish).
3.3 Withdrawal
The Customer shall have a minimum period of fourteen business days from the moment the purchase is formalized, in order to resolve the contract. The Customer shall inform nuun within the stipulated period and through any admitted venues, his or her desire to exert his or her right to withdraw from the contract.
NOTE: This period is established according to the terms of article 44 of the Retail Trade Law.
For determinate sectors, the applicable sectorial regulations must be revised in order to verify this period.
4. Service requirements
For the purchase of contracted services, it is exclusively required to fill in the purchase form with the personal and payment data.
Once a Purchase Order is received, nuun shall immediately forward a purchase confirmation to the e-mail address indicated by the Customer on the Purchase Order.
5. NUUN’s responsibilities
nuun guarantees the quality of the products purchased or services acquired through the Website www.nuunkidsdesign.com.
All consumer and user rights stated by current laws are guaranteed.
Noncompliance with any of these General Conditions shall cause the return of the products or the cancellation of the Services acquired by the Customer.
6. Guarantee and certifications
All products are designed, produced and approved in Europe. Their manufacture with birch wood complies with the FSC Sustainable Forest Certification of Northern Europe (a certification that guarantees the maximum quality of the material as well as its origin). All products are approved, according to regulation EN 14988-1:2006 + A1:2012 for high chairs and EN 1729-1:2006 and EN 1729-2:201 for chairs and tables.
All products in our online shop will include the following data: name, reference number, price (tax included) and images. There will also be additional information and/or documents in .pdf format such as assembly instructions, dimensions and other requirements.
7. Customer’s responsibilities
The Customer must make lawful use of the Services or Products, without violating current laws, nor harming the rights and interests of third parties.
The Customer guarantees the veracity and accuracy of the data entered on the purchasing forms, thus avoiding any harm to nuun as a result of data inaccuracy.
Noncompliance with any of these Conditions could cause the withdrawal or cancellation of Services by nuun, with no need of advance notice to the Customer and without any compensation rights whatsoever.
NOTE: It must be taken into account that all those stipulations that do not have reciprocity between all parties can be considered abusive, for which reason the same rights and obligations must be guaranteed for all parties.
8. Personal data and commercial communications
Please be informed that, in compliance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the data you provide to us via the present form will be added to an electronic file property of NUUN KIDS DESIGN, S.C., in order to create your user account, manage your order and keep you informed regarding new products, promotions or any other novelties that we might consider of interest to you, even by e-mail.
You have the right to access, modify, cancel or oppose this, as well as to reject any receipt of commercial e-mail communications. You may do this in writing c/o Asesoría Jurídica, to the postal address Passeig d’Olot, núm. 121, 17006 Girona, o by e-mail to [email protected].
9. Industrial and Intellectual Property
The intellectual and industrial property rights on the products, brands, logos and any other item susceptible of protection contained within nuun’s Website are the exclusive property of nuun or third parties that have previously authorized their inclusion in the Website. The non authorized reproduction, distribution, commercialization or transformation of the aforementioned products, brands, logos, etcetera is an infraction of the intellectual and property rights of nuun or the corresponding proprietor, and could lead to any judicial or out of court measures they might be entitled with in the application of their rights.
Additionally, the information available to the Customer through the Website might be protected by rights of industrial, intellectual or other natures. nuun shall at no time and by no means be held responsible for any infractions of the aforementioned rights that you might commit as user.
10. Appplicable law and Jurisdiction
In the event of a conflict or discrepancy in the interpretation or application of these contractual conditions, the Court and Tribunal informed of this issue will then apply the legal regulation in respect to competent jurisdiction, since it regards final consumers, according to the place of fulfillment of the obligation or the postal address of the purchasing party.
All of this notwithstanding the Customer’s right to seek support from the Consumer Arbitration Board in his or her area.
In the event of a buy-sell agreement with a commercial company, both parties expressly waive any other jurisdiction to which they may be entitled, and are subjected to the Court and Tribunal in Girona (Spain).
