Terms and Conditions

Terms and Conditions 1. About these terms The Terms and Conditions of Sale of "NOMIADA", hereinafter "Terms of Sale", the rights and obligations of the seller, "NOMIADA" and you, the buyer, in any case in which an order is placed for the products of the “NOMIADA” Online Store (hereinafter Online Store). The Terms of Online Sale applied together with the Privacy Policy and the Returns Policy which are set out below on the website (references) refer to the "Legal Terms". Please read the Legal Terms each time before purchasing goods and services online and print or download a copy for future use. The Legal Terms may change at any time. Any revised Legal Terms apply to all new orders from their publication on the website. By placing an order for the products, it is considered that the Legal Terms have been accepted. 2. About us «NOMIADA» is a Spanish company whose registered address is Calle Reyes Católicos, 61 – 03003 Alicante (Spain), whose tax identification number is LAMIA EL FARJANY, with NIE: X9349397N. You can contact us for general problems regarding the Online Sales Terms by email at administracion@cxc.es. If you need to contact us regarding complaints about our products and services or your orders, we indicate the contact information in point 17. 3. About you When in these Online Sales Terms we refer to “You” and “Your” we refer to the user of the Online Store and the buyer of products ordered from this Online Store. To purchase our products: You must be 18 years or older. You need an active email and phone number so you can be contacted easily. You need to pay for the products in advance by Visa, Visa Electron, Mastercard, American Express credit or debit card registered in your name, or PayPal. Your account details registered with us must be complete, true and correct. If you do not know all the conditions established in the previous point, you should refrain from placing orders in the Online Store. If you take into account the need to fulfill your order. It is our responsibility that your login details and password are safe at all times. 4. About our Online Store, goods and services. The Online Store is intended for sales only to the end user. Some provisions described herein will only apply to you under applicable laws of consumers who are considered a “Consumer” for the purposes of your intended purchase in the Online Store. These provisions will be clearly mentioned in the Online Sales Terms that apply only to consumers. For the purposes of these Online Sale Terms, by “Consumer” we mean a natural person who is acting for purposes that are predominantly outside his or her trade, business or profession. All products that can be purchased from our Online Store are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any products from sale at any time and our sole liability to you for withdrawing any of them will be to refund payment if they are not available for delivery. The availability of products offered by «NOMIADA» may vary depending on customer demand. Although «NOMIADA» updates the stock periodically, the product requested by the client could be out of stock at that time. In case of non-execution due to unavailability, "NOMIADA" will notify the client by email as soon as it becomes aware of this situation. The period of this communication will not exceed in any case the maximum period of 20 days. «NOMIADA» may give the double option of: supplying the client without a price increase, a product with similar characteristics, or, except for justified and demonstrable reasons by «NOMIADA» within this same period, paying the sums paid for the canceled order. 5. About our prices All prices shown in the Online Store: They are payable in the currency shown. They include value added tax (VAT or VAT) at the applicable rate. They refer to individual articles. While we try to ensure that all prices displayed in our Online Store are correct, we cannot completely avoid errors. If we discover an error in the price of any product you have ordered, we will inform you as soon as reasonably possible. We will then give you the option to reconfirm your order with the correct price or cancel it. If you decide to cancel the order after we have informed you of the pricing error and you have already paid for it, we will refund you in full as soon as reasonably possible. «NOMIADA» will not be obliged to supply the User with any product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the error in the price is obvious and unequivocal and could have been reasonably recognized by the User as the price. incorrect. Prices may change at any time. However, possible changes will not affect the products with respect to which «NOMIADA» has already sent the Shipping Confirmation. 6. How to buy goods and services When you access the Online Store you can freely search our product catalog without registering, using one of the search criteria and compare several products that you have selected by clicking on any [Filter]. If you need more information about their characteristics, click on the “product”. If you wish, you can register first to purchase the products. If you have purchased on previous occasions, you can register with your username and password by clicking on the [My Account] button. If you have forgotten your password or have not previously purchased from our Online Store before, please follow the instructions to register an account. of client. Your new account and password will be communicated by email. After you make your choice of products, enter the quantity you wish to purchase and proceed to the next step by clicking on the [Add to Cart] button. At this point your order is not yet completed. In the next step, the total price (VAT included or Taxes included) for the items is displayed, as well as all information about extra charges for services and other products that are automatically included with the ordered goods and that can be charged ( Such as transportation, customization if necessary...). At this stage you can continue shopping by clicking on the [Continue Shopping] button or modify your choice by returning to the previous step, or complete the last steps of your order by clicking on the [Buy] button. In the next step you need to add your email and/or create an account or if you already have one, register by entering your email and password. 7. Shipping Costs Shipping costs may be modified at any time without prior notice. Said change will be applicable from the moment the modification is included in the help pages and the contract published in this Online Store. In any case, those shipping costs that appear at the time of placing the order will be valid. We will try to send the order in the shortest possible time, but the recipient must take into account the provisions of the destination country for the importation of the requested items, since "NOMIADA" has no responsibility for them. Nor will the effects produced by strikes, war conflicts or other circumstances beyond its control be attributable to "NOMIADA". «NOMIADA» will not be responsible for delays in customs clearance or if local authorities decide to confiscate any item contained in a shipment. 8. Delivery of the Products The product will only be sent once payment has been received. Once the Shipping Confirmation has been sent, the products will be delivered to the address indicated by the User when placing the Order within an approximate period of between one and four (4-8) business days from the day of purchase to Spain. The deadline depends on the day and time the order is placed because it may be sent one or two business days later than that moment, as can orders placed on non-working days or holidays. The delivery period will be further explained and determined by countries or areas on our specific Shipping and Deliveries page. Order tracking can be done through a link to the information page of our courier company. "NOMIADA" does not assume any responsibility when the delivery of the product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned to such effect, such as the absence of the User or the retention of the product in Customs. Delivery times are approximate, although «NOMIADA» tries to adjust to them. 9. Receipt of your order The order you have placed with us constitutes an offer to purchase our products. Following the processing of your order, we will send you an automatically generated order receipt notification via email. Our order receipt contains the elements of your order, specifying the type, quantity and price of the elements that you have selected. 10. Your payment In the next step of the order process, we will ask you to finalize your payment. For security reasons, your payment must be made within a limited time of processing your order. If your payment is not processed within this time, you will receive an online notification that your payment transaction has not been completed and your order may be cancelled. 11. Your order confirmation After we have received confirmation that your payment has been accepted we will send you an automatically generated order form by e-mail and our invoice. We send the invoice only in electronic format. The order confirmation contains details of the products and services you have ordered, their total cost and order number. We advise you to keep a copy of the order confirmation and the Online Sales Conditions. You will need to review these details when contacting us regarding your order. Please note that your order confirmation is simply an acknowledgment that your order has been received by us; This does not mean that we have accepted your request. 12. Order cancellations No order should become a legally binding contract until the products are delivered. Orders can be canceled: By you or us, if the goods are no longer manufactured or are temporarily unavailable. By you or us, when there is an error in the price of the ordered products shown in the Online Store. By us, when your payment authorization is subsequently finalized. By us or you, if the other has breached the Online Sales Conditions. By us, when we suspect that your order is not real, fraudulent or involves theft of identity, bank or credit cards or payment details. For you, where we are not able to deliver the products within 30 days of placing your order. If the order is canceled by our decision, we will refund the payment we have received from you within 14 calendar days. 13. Guarantee All our products contained in the Online Store are original from «NOMIADA» and have a 12-month warranty. We always use noble metals, seeking excellence in each of our jewelry. We carry out 3 quality controls: We carry out a first check from the factory. If the jewel does not pass it, it will be manufactured again. When we receive the order, we check in a second check in the office that the finish of the jewel is perfect. Finally, we prepare the jewelry for shipping and make sure it is perfect when you open the box. It will be understood that the products are in accordance with what is stated on the website as long as they meet the following requirements: They conform to the description made by «NOMIADA» and possess the qualities of the product that «NOMIADA» has presented to the User in the form of a sample or model. They are suitable for the uses ordinarily intended for products of the same type. They present the usual quality and performance of a product of the same type that the User can expect, taking into account the nature of the product. «NOMIADA» is not responsible for damage to the products that may result from their misuse (Take care of your Jewel), as well as for acts or omissions of the User that do not conform to the specifications of each product or for damages caused by third parties that are not linked to "NOMIADA". 14. Legal guarantee for conforming goods If it is noticed within two (2) months from the date of delivery, that at the time of delivery the goods were defective in materials or otherwise not in accordance with the order, subject to certain conditions, As a consumer, you benefit from a legal guarantee that gives you the right, free of charge, to repair or replace the items, or if the repair or replacement in our opinion is impossible or disproportionate, a refund or reduction of the price paid will be made to you. the products. According to you, to properly claim your warranty, you must contact us within 30 days from the date you became aware of the defect or non-conformity. We are not obliged to offer you any remedy for wear or scratches caused by normal use, or if the claimed product has failed or suffered any damage caused by improper use, lack of maintenance or other external impacts, as listed on the Authenticity and Warranty page . Our guarantees set out in this point may not affect the rights that the consumer has derived from statutory law. 15. Commercial Guarantee In the case and to the extent that the products benefit from a manufacturer's warranty above the legal warranty, we must extend the manufacturer's warranty within the conditions that have been set by him. 16. Our Responsibility We have made every effort and taken great care in uploading product images, descriptions, specifications and other information in our Online Store, which serve as a guide and illustration only, without any guarantee or representation of accuracy, error-free and suitability for any case. particular. We cannot be held responsible for your reliance on the information provided in our Online Store. We will not be liable to you for any special, indirect or consequential damages, any economic loss, loss of revenue, profits, anticipated savings or business opportunity for any damage to your reputation or any loss not reasonably attributable to us, arising from or in connection with your order and our supply of products. Notwithstanding the foregoing, we have full liability to you for products delivered under the Online Sales Terms and that must not exceed the price you have paid for them. The limitations of our liability contained herein must not affect the rights we derive as consumers from statutory law. 17. Contact and Communication The applicable regulations require that part of the information or communications that "NOMIADA" sends to the User be in writing. By accepting these Conditions of Use, the User accepts that most of the communications with "NOMIADA" are electronic. «NOMIADA» will contact the User via email or by posting notices in the Online Store. The User consents to using this electronic means of communication and acknowledges that all notifications, information and other communications that "NOMIADA" sends them electronically comply with the legal requirements of being in writing. For any query or incident related to the Orders, the User must contact "NOMIADA" by sending an email to the following address info@nomiada.com. When you contact us after receipt of the order confirmation, you must indicate the order confirmation number. 18. Force Majeure Neither we nor you will be liable for any delay or failure to comply with the Online Sales Terms if the delay or failure arises from any circumstances which are beyond our respective control. Such events could include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, wars, civil unrest, acts of terrorism or malicious damage or destruction of our facilities, equipment or property. 19. Current Law and Dispute Resolution The Legal Terms are governed by Spanish law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Without prejudice to the statutory right to bring disputes for resolution in the courts of your place of residence when you are a consumer, you and we must bring disputes in accordance with the Legal Terms for resolution to the exclusive jurisdiction of the Spanish courts. 20. Use of the Website In general terms, Users are obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or in the Online Store, and undertake to use the Website in accordance with the law. morality, generally accepted good customs and current public order. Users are obliged to refrain from using the Website for illicit purposes or effects, contrary to what is established in these Conditions of Use, harmful to the rights and interests of "NOMIADA" or third parties or that in any way may damage, or deteriorate the image or reputation of "NOMIADA" or prevent the normal use or enjoyment of the products and services offered by "NOMIADA" on the Website. «NOMIADA» is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age. Specifically, and without implying any restriction to the previous section, during the use of the Online Store, the user undertakes to: Provide truthful information about the data requested in the user registration or order form, and keep them updated. Do not introduce, store or disseminate in or from the Online Store any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or any other reason. in a manner that violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations. Do not introduce, store or disseminate through the store any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the Online Store, any of the services, or any of the equipment, systems. or networks of “NOMIADA”, of any other user, of “NOMIADA” providers or in general of any third party. Diligently save the "username" and "password" provided by "NOMIADA", assuming responsibility for any damages that may arise from their improper use. Do not carry out advertising or commercial exploitation activities through the Online Store, and do not use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties. Do not use false identities or impersonate others when using the Online Store or when using any of its services, including the use where appropriate of passwords or access codes from third parties or in any other way. Do not destroy, alter, use for personal use, disable or damage the data, information, programs or electronic documents of "NOMIADA", its suppliers or third parties. Do not introduce, store or disseminate through the store any content that infringes intellectual or industrial property rights or business secrets of third parties, nor in general any content of which you do not have, in accordance with the law, the right to make it available to a third party. The customer undertakes to enable the delivery of the requested order by providing a delivery address to which the requested order can be delivered within the usual delivery hours of goods. In the event of non-compliance by the client with this obligation, "NOMIADA" will not have any responsibility for the delay or impossibility of delivery of the order requested by the client. In the same way, and with respect to the use of the products marketed by "NOMIADA", the user is solely responsible for using them responsibly and in accordance with the destination for which they are marketed. Extreme caution must be taken when use affects children or minors. 21. Intellectual Property All the information contained in the Online Store, including its design, texts, logos, icons, buttons, graphics, audio, video, trade names and source code, are protected by copyright and other rights included in Royal Legislative Decree 1 /1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, and the rest of the regulations that regulate Intellectual Property. These rights belong exclusively to "NOMIADA", therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the Website, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and the software necessary for the visualization or operation of the same and of any object that, according to current legislation is protected by intellectual property regulations. Under no circumstances may Users exploit or use commercially, directly or indirectly, in whole or in part, any of the contents that make up the Website without the prior written authorization of "NOMIADA". Authorization for the use of any content on the Website can be requested from the email address info@nomiada.com. What is established in the previous paragraphs will not in any case imply the assumption of responsibility by "NOMIADA" for the content, nor will it generate the right to compensation for Users or third parties. 22. Industrial Property All intellectual and industrial property rights of the Website and its contents, including but not limited to images, sound, audio, video, designs, texts, graphics, logos, icons, color combinations, structure, buttons, as well as the software , the trade names, brands, works, illustrations, photographs or industrial drawings and any other signs susceptible to industrial and commercial use are the property and ownership of "NOMIADA" or third party owners thereof who have duly authorized their inclusion on the Website. . The reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of the Website, for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorization of «NOMIADA». The User undertakes to respect the intellectual and industrial property rights owned by "NOMIADA". The user may use the Website and its contents for personal and private use. Any other use is prohibited and will require the user to obtain the prior express written authorization of "NOMIADA". The User must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the Website. All designs that appear on www.cxc.es belong exclusively to "NOMIADA", and therefore, are subject to the Industrial Property Law. For these purposes, they are registered with the Spanish Patent and Trademark Office. Therefore, if "NOMIADA" detects theft of the images and content of the Online Store, or misappropriation of our industrial designs, it will proceed to request a Legal Requirement for its withdrawal in the first instance; or will take the pertinent legal actions if the request is not met. 23. Links to Third Party Websites The links contained in the Online Store, referring to advertising or other types of content, and whose ownership or responsibility corresponds to third parties other than "NOMIADA", are not the responsibility of "NOMIADA", who is under no obligation to control or approve the services, content, data, files, products and any type of material existing on the third-party web page or pages. These websites may have different privacy policies than “NOMIADA”. «NOMIADA» recommends Web Users to review the privacy policy of any website they can access through cxc.es. "NOMIADA" will not be responsible, under any circumstances, for the legality of the contents of said page/s, and everything that concerns the content of that link is the exclusive responsibility of the third party, especially respect for the law, morals, good customs. and public order. The existence of links does not presuppose a relationship of any kind between "NOMIADA" and the owner of the web page on which it is established. 24. Miscellaneous provisions Our liability, relaxation or delay in exercising any of your rights under the Legal Terms will not be deemed to constitute a waiver of such rights. The invalidity or unenforceability of any of the Online Sales Conditions will have no effect on the validity or enforceability of other provisions. You may not assign, transfer or delegate your rights and obligations under the Online Sales Conditions to any third party without our prior written consent. You must not assign, transfer or delegate your rights and obligations in the Terms of Sale. We will have the right to assign, transfer or delegate or subcontract any of our rights and obligations in the Online Sales Terms at our discretion. It is understood that any part of our assignments, transfers, delegations or subcontracts will not in any way affect the rights derived from these Online Sales Terms. 25. Modifications «NOMIADA» has the right to review and modify these Conditions of Use at any time. The User will be subject to them at the time they accept them, unless by law or decision of government agencies «NOMIADA» must make changes with retroactive nature, in which case the possible changes will also affect the Orders that the User had previously requested. 26. Exoneration of Liability «NOMIADA» is exonerated from all liability related to: The operation of the Website or lack of availability of the portal, including causes of force majeure, or any other reasons beyond the control of "NOMIADA", which is not fully operational, or possibly lacks the minimum functionality to manage the relevant service. Errors or omissions in the contents. Possible errors or security deficiencies (viruses or malicious or harmful programs in the content) that could occur due to the use, by Users, of a browser of an outdated or insecure version, as well as due to the activation of the devices. conservation of passwords or identification codes of the User registered in the browser or for damages, errors or inaccuracies that may arise from its malfunction. However, «NOMIADA» will adopt all the necessary technological measures to avoid this. For direct or indirect damages that may be caused by the information transmitted or communicated on the Website or in its electronic communications, including without limitation technical or human errors in the published data. Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses, arising in connection with this Website or its use or inability to use by any party, or in connection with with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure. The User will be liable for damages of any kind due to illegal or fraudulent acts, as well as any damages or losses that "NOMIADA" or its Users may suffer as a consequence, directly or indirectly, of non-compliance by the User with these Conditions of Use. , “NOMIADA” reserving those actions to which it is entitled before the pertinent judicial or police authorities. «NOMIADA» is not responsible for the information and content stored, by way of example but not limited to, in forums, chats, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the Web. . However, "NOMIADA" is made available to all users, authorities and security forces, and actively collaborates in the withdrawal or, where appropriate, blocking of all content that could affect or contravene national or international legislation, rights. of third parties or morality and public order. If the user considers that there is any content on the Website that could be susceptible to this classification, please notify the website administrator immediately. The Website has been reviewed and tested so that it works correctly. In principle, correct operation can be guaranteed 24 hours a day, 7 days a week, all year round. However, "NOMIADA" does not rule out the possibility that there may be certain programming errors, or that force majeure, natural disasters, strikes, or similar circumstances may occur that make access to the Website impossible. So, although it uses its best efforts, "NOMIADA" cannot guarantee Users continued and uninterrupted access and use of its Website. The introduction of hyperlinks for commercial purposes on web pages other than "NOMIADA" that allow access to the Website is prohibited without the prior consent of "NOMIADA". «NOMIADA» is not responsible for the use or content of third-party web pages that may link to www.nomiada.com. 27. Claim Forms «NOMIADA». It has complaint and claim forms available to consumers or users who request it.