GENERAL INFORMATION
In compliance with current legislation for the defence of consumers and users and other complementary laws regulating electronic commerce, this section establishes the conditions governing the use of this website (www.nereumatias.com) and the purchase of products on it (hereinafter, the "Conditions"). Please read these Terms and Conditions, our Privacy Policy and our Cookie Policy carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Data Protection Policy and if you do not agree to all of the Terms and the Data Protection Policy you should not use this website. The fact of accessing, browsing or using the services and contents of the Website implies that you (User) have read, are aware of and unreservedly accept the Conditions. In this sense, in general, a User shall be considered to be anyone who makes use of, browses or accesses any of the contents and services offered on our website.
The User undertakes to use the Website in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Website. The User shall refrain from using the Website in any way that is unlawful or contrary to these Terms of Use.
These Conditions may be revised and modified. It is your responsibility to read them periodically, as the conditions in force at the time of conclusion of each Contract, or failing this at the time of use of the website, will be those applicable to you.
If you have any questions regarding the Terms and Conditions or the Data Protection Policies you can contact us directly through the means provided in the "Contact us" section. The personal information or data you provide about yourself will be processed in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.
The procurement procedure may only be carried out in Spanish. If it can be carried out in another language, this will be indicated before starting the contracting procedure.
IDENTIFICATION
The sale of products through this website is carried out under the name EL TEBORI DE ORO ACADEMY S.L. (registered in the Mercantile Register of Madrid), with CIF B-56395122, with address at C/ Julio Antonio 10, 28025 Madrid.
Consumers and users may lodge complaints, claims or request information on the goods or services offered or contracted by post or by e-mail at [email protected].
GENERAL CONDITIONS OF USE OF THE WEBSITE www.nereumatias.com
By using this website (www.nereumatias.com) and placing orders through this website you agree to:
1º). Use this website only to make legally valid enquiries or orders.
2º). Not to place any false or fraudulent orders. If it is reasonable to believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities.
3) Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (more information in the section "Our Privacy Policy").
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
By using the services or accessing the contents of our website, the User agrees to these Terms of Use and undertakes not to use them to send messages that defame or insult, or that contain false information, that are inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or the private life of third parties or that for any reason infringe any law.
In particular, and by way of example only and without limitation, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties through the services that may be provided by www.rosalbalantero.com information, messages, graphics, sound or image files, photographs, recordings, software and in general any type of material, data or content which, without limitation:
are contrary to the right to honour, to personal and family privacy or to one's own image.
May undermine the protection of youth and children.
Incorporate criminal, violent or demeaning messages
Engage in activities that are unlawful, illegal or contrary to good faith and public policy.
In any way contravene, undermine or infringe fundamental rights and public freedoms recognised in the constitution or in international treaties and in the rest of the legal system.
Incite or promote criminal, denigratory, defamatory or violent actions.
Induce, encourage or promote discriminatory actions, attitudes or ideas on grounds of sex, race, religion, beliefs or age;
Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychological balance;
are false, ambiguous, inaccurate, exaggerated or untimely, so as to be misleading as to their subject matter or as to the intentions or purposes of the communicator;
Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
Violate the business secrets of third parties;
Infringe the rules on secrecy of communications;
Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal functioning of the Services.
SCOPE OF OUR SERVICE PROVISION
The items offered on this website are only available for delivery within Spain. To request information about the possibility of contracting shipments outside Spanish territory, please contact us.
FORMALISATION OF THE CONTRACT
The information contained in these Conditions and in the different sections of this website does not constitute an offer to sell, but an invitation to contract. No contract will exist between you and NEREU MATIAS in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount of the charge will be refunded in full.
To place an order, you must follow the online purchase procedure and click on "Authorise payment". You will then receive an e-mail acknowledging receipt of your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an interest expressed by you in purchasing one or more products from us. All orders are subject to acceptance by us, of which you will be informed by an email from us confirming that the product is being shipped ("Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formed when we send you the "Order Confirmation". This confirmation will be sent by e-mail and may be kept on file by the recipient.
The Contract shall only cover those products listed in the Dispatch Confirmation. We shall not be obliged to supply you with any other products that may have been ordered until we confirm their dispatch to you in a Dispatch Confirmation.
The electronic document formalising the contract will not be archived and will therefore not be accessible.
AVAILABILITY OF PRODUCTS
All product orders are subject to availability. If there are difficulties in the supply of products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we will refund in full any amount you may have paid.
REFUSAL TO PROCESS AN ORDER
NEREU MATIAS reserves the right to withdraw any product from this website at any time and to remove or modify any material or content of the website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time.
We will not be liable to you or to any third party for removing any product from this website, removing or modifying any material or content on the website, or for failing to process an order once we have sent you an Order Confirmation.
DELIVERY OF THE DELIVERY
Without prejudice to the above clause regarding the availability of the products and unless extraordinary circumstances occur, we will endeavour to ship the order consisting of the product(s) listed in each Shipping Confirmation on the delivery date stated in the Order Confirmation in question or, if no delivery date is specified, within the estimated delivery time indicated when selecting the shipping method and, in any event, within a maximum period of 7 calendar days from the date of the Order Confirmation.
However, delays may occur for reasons such as product customisation, unforeseen circumstances of force majeure or mobility restrictions in the delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date within an additional period appropriate to the circumstances or to cancel the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays.
For the purposes of these Conditions, "delivery" or the order shall be deemed to have taken place or to have been "delivered" at the moment when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature (a necessary condition) of receipt of the order at the agreed delivery address.
IF DELIVERY IS NOT POSSIBLE
If we are unable to deliver your order we will try to find an alternative safe place to leave it. If we are unable to find a safe place your order will be returned to our warehouse. In this case, we will leave you a note explaining where your order is and how to arrange for it to be re-delivered to you. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day to ensure delivery to your satisfaction.
In the event that 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 days from the date on which we consider the Contract to be terminated. The right of withdrawal shall not apply to contracts which relate to the supply of goods made to the consumer's and user's specifications or clearly personalised.
Please note that transport resulting from the termination of the Contract may incur additional costs, and we shall be entitled to charge you for these costs.
TRANSFER OF RISK AND OWNERSHIP
The risks of the products shall be borne by you from the time of delivery, which shall be evidenced by the signature (a necessary condition) of the receipt of the order at the agreed delivery address.
You will acquire ownership of the goods when we receive full payment of all amounts due in respect of the goods, including delivery charges, or at the time of delivery, whichever is the later.
PRICE AND PAYMENT
The price of the products will be the price stipulated at all times on our website, except in the event of a manifest error. If we find an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will receive a full refund of any monies paid.
We shall not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the price error is obvious and unmistakable and could reasonably have been recognised by you as an incorrect price (principle of good faith).
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Buying Guide.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.
You can also modify the details of your order during the purchase process, before making the payment. A detailed description of the purchase process is available in the Purchase Guide. In addition, if you are a registered user, you can see a detail of all the orders you have placed in the My Account section.
You can use Visa, Mastercard and PayPal as payment methods.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will pre-authorise your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouse. If your payment method is Paypal, your card will be charged at the time we confirm your order.
By clicking on "Authorise Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or subscription card.
Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.
VALUE ADDED TAX
The prices on our website are shown in Euros. In accordance with current legislation, all purchases made from our website are subject to Value Added Tax (VAT). According to Spanish regulations, we are obliged to issue an invoice for orders over 3.000 € (VAT included). Shipping costs will be added in the purchase summary, before making the payment. NEREU MATIAS reserves the right to modify the prices shown on the site without prior notice. The price of the products will be that which is stipulated at all times on our website, except in the case of a manifest error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and any monies paid will be refunded in full. We shall not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as the incorrect price. Your rights under applicable law remain unaffected.
RETURNS AND EXCHANGES
If for any reason you are not satisfied with your purchase, please contact us by e-mail at [email protected] within a maximum of 2 working days from receipt of the order, clearly indicating the problem. For exchanges and returns you must indicate your order and invoice in the email and we will give you the solution you need. We will not accept exchanges or returns if we have not previously received notification.
CANCELLATIONS
The maximum time limit to cancel an order is 24 hours after purchase.
LIABILITY AND EXEMPTION FROM LIABILITY
Except as otherwise expressly provided in these Terms, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of such product.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
All product descriptions, information and materials appearing on this website are provided "as is" and without express or implied warranties about them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in conformity with the Contract, being liable to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in conformity with the Contract provided that (1) they conform to the description made by us and possess the qualities that we have presented on this website, (2) they are suitable for the uses for which products of the same type are normally intended and (3) they present the usual quality and performance of a product of the same type that are reasonably expected.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded vis-à-vis consumers and users.
The provisions of this clause shall not affect your rights as a consumer and user, nor your right to withdraw from the Contract.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of this website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
Any reproduction, distribution, reproduction or storage, in whole or in part, of the contents stored on this website is expressly prohibited, except with the express prior consent of the owner of the rights.
Likewise, it is expressly forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, transmit, use, process or distribute in any way all or part of the contents and products included on www.tucanakids.com for public or commercial purposes without the express written authorisation of NEREU MATIAS.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing computer viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious software or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations (see Spanish criminal code). We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials belonging to third parties, these links are provided for information purposes only, and we have no control over the content of these websites or materials. Therefore, NEREU MATIAS accepts no liability of any kind, whether direct, indirect or subsidiary, for any damage, loss or harm of any kind that may arise from access, maintenance, use, quality, legality, reliability and usefulness of the content, information, communications, opinions, statements, products and services existing or offered on websites not managed by NEREU MATIAS and accessible through the www.nereumatias.com website.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.
NOTIFICATIONS
Notices from you should preferably be sent to our e-mail address ([email protected]). Subject to the provisions of the above clause and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications shall be deemed to have been received and to have been properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
NON-COMPLIANCE OR DELAY DUE TO FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
1). Strikes, lockouts or other industrial action. 2). Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war. 3). Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster. 4). Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private. 5). Impossibility of using public or private telecommunications systems. 6). Acts, decrees, legislation, regulations or restrictions of any government or public authority. 7). Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our obligations under the Contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations under the Contract despite the Force Majeure Event.
RESIGNATION
Our failure to require your strict performance of any of your obligations under a Contract or these Conditions or our failure to exercise any rights or remedies to which we may be entitled under such Contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you of any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Contract or the Conditions.
No waiver by us of any of these Terms or of any rights or remedies under the Contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
PARTIAL NULLITY
If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent administrative or judicial authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to the conclusion of the Contract without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and amend these Terms at any time.
You will be subject to the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.
APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
In the event of any dispute arising out of or in connection with the use of the website or these contracts, NEREU MATIAS and the user expressly waive any other jurisdiction that may correspond to them and agree to submit to the Jurisdiction of the Courts and Tribunals of Murcia for any actions that may be brought arising out of the provision of the website service and its services and content, and regarding the interpretation, application, compliance or breach of what is established herein.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under applicable law.
LINKS OF INTEREST
Link to official complaint forms.
Link to the European Consumer Centre's dispute resolution platform.
COMMENTS AND SUGGESTIONS
Your comments and suggestions will be well considered. Please send us such comments and suggestions via email to [email protected].