GENERAL CONTRACTUAL CONDITIONS | Nacht Werks

GENERAL CONTRACTUAL CONDITIONS

This contractual document will govern the General Terms and Conditions of sale of products (hereinafter, "Terms and Conditions") through the website www.nachtwerks.com, owned by LEIBASER DE GESTIÓN, S.L. under the commercial brand of NACHT WERKS, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.


These Terms and Conditions will remain published on the website and available to the USER for reproduction and saving as confirmation of the contract. They may be modified at any time by LEIBASER DE GESTIÓN, S.L. It is the USER's responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing an order will apply. LEIBASER DE GESTIÓN, S.L. will archive the electronic document formalizing the purchase and will make it available to the USER upon request.


Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
– He has read, understands and comprehends what is stated here.
– He is a person with sufficient capacity to hire.
– Assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this being able to affect the goods or promotions that were acquired prior to the modification.


Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is LEIBASER DE GESTIÓN., S.L., with registered office at RONDA VALDECARRIZO, 11 OFFICE 410, 28760 TRES CANTOS (MADRID), NIF B83860338 and with customer service telephone number 649957844. And on the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and safekeeping, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract
This contract aims to regulate the sales contract relationship established between the PROVIDER and the USER when the latter accepts the corresponding checkbox during the online contracting process. This sales contract entails the delivery of the chosen product in exchange for a price that is determined and publicly displayed on the website.

Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email address info@nachtwerks.com so that LEIBASER DE GESTIÓN, S.L. can correct them as soon as possible. The USER can keep their data updated by accessing their user account.

Hiring procedure

To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.
Once the user account has been created, you are informed that, in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

  1. General contract terms.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Online claims and dispute resolution.
  5. Force Majeure.
  6. Competence.
  7. General information about the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Payment method, expenses and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Guarantees and returns.
  14. Applicable law and jurisdiction.

 

  1. GENERAL CONTRACT CLAUSES
    Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance of these legal terms by the USER. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
  2. SHIPPING AND DELIVERY OF ORDERS
    The PROVIDER will not ship any order until payment has been verified. Goods will typically be shipped via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely chosen by the USER.
    The merchandise will be shipped within 48 hours from Monday to Friday, providing a tracking number in the shipping confirmation email.

    En Península y Baleares desde 50€ envío gratuito.

    Europa desde 60€ envío gratuito.

    Resto del mundo desde 100€ envío gratuito. 

  3. RIGHT OF WITHDRAWAL
    The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase agreement if it is a provision of a service, to exercise the right of withdrawal, regulated in article 105 of RDL 1/2007.
    The right of withdrawal will not apply to the contracts referred to and listed in Article 103 of Royal Decree-Law 1/2007, and which are listed here.
    All returns must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to info@nachtwerks.com, indicating the corresponding invoice or order number.
    If the return is not made with the original delivery packaging or equivalent, the PROVIDER may charge the USER the full cost of the item, informing them beforehand through the same communication channel used.

    Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with the transport costs borne by them, to the address of LEIBASER DE GESTIÓN., S.L., RONDA VALDECARRIZO, 11 OFFICE 410, 28760 TRES CANTOS (MADRID)
  1. ONLINE CLAIMS AND DISPUTE RESOLUTION
    Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
    Postal: LEIBASER DE GESTIÓN., S.L., RONDA VALDECARRIZO, 11 OFFICE 410, 28760 TRES CANTOS (MADRID)
    Telephone: 649957844
    Email: info@nachtwerks.com
    Online Dispute Resolution
    Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts. This platform facilitates the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
    Link to the ODR platform: http://ec.europa.eu/consumers/odr/
  2. FORCE MAJEURE
    Neither party shall be liable for any failure to perform its obligations due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
  3. COMPETENCE
    The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
    If any provision of these conditions is deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way, nor will they be modified in any way.
    The USER declares to have read, understood and accepted these Conditions in their entirety.
  4. GENERAL INFORMATION ABOUT THE OFFER
    All sales and deliveries made by the PROVIDER will be subject to these Conditions.
    No modification, alteration or agreement contrary to the Commercial Proposal of LEIBASER DE GESTIÓN., S.L. or to what is stipulated herein, will have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements will prevail.
  5. PRICE AND VALIDITY PERIOD OF THE OFFER
    The prices shown for each product or service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, or any other additional services related to the purchased product.
    The prices applicable to each product are those published on the website and are expressed in Euros. The USER acknowledges that the price of some products may vary in real time.
    Before making your purchase, you can check all the details of your order online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total cost. Prices may change daily until the order is placed.
    All payments made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If the USER wishes to receive it by email, they must request this through any of the means provided by the PROVIDER, and are informed that they may revoke this decision at any time. For any information regarding the order, the USER may contact the PROVIDER's customer service line at +34 649 957 844 or via email at the address provided. info@nachtwerks.com.
  1. TRANSPORTATION COSTS
    Prices published in the store do not include shipping or communication costs, nor installation or download costs, or additional services, unless expressly agreed otherwise in writing.
    Los portes se calcularán en el momento de guardar la cesta o presupuesto, ya que se calculan por el peso de los productos y por la dirección de entrega.
  2. PAYMENT METHODS, FEES AND DISCOUNTS
    The PROVIDER is responsible for the financial transactions and offers the following payment methods for orders:
    – Credit card
    – Pay Pal
    The USER may use a discount coupon at the time prior to the completion of the purchase if he has received it from the PROVIDER.
    Security measures
    The website uses industry-standard information security techniques, such as SSL, secure page entry, firewalls, access control procedures, and cryptographic mechanisms, all designed to prevent unauthorized access to data. To achieve these objectives, the user/customer agrees that the provider may collect data for the purpose of authenticating access controls.
    The PROVIDER agrees not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
    Under the card brand programs, it is prohibited to sell or offer any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s).
  3. PURCHASE PROCESS
    Any product from our catalog can be added to your shopping cart. In the cart, you will only see the items, quantity, price, and total amount. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information you entered.
    The baskets have no administrative link; it is only a section where a budget can be simulated without any obligation for either party.
    From the shopping cart, you can place an order by following these steps for proper processing: 1) Verify billing information. 2) Verify shipping address. 3) Select payment method. 4) Place order (purchase).
    Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order has been placed.
  4. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
    If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, that condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
    The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that may apply to him/her.
    When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
  5. GUARANTEES AND RETURNS
    The guarantees will comply with the provisions of the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here.
  6. APPLICABLE LAW AND JURISDICTION
    These conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein.
    Any dispute that may arise from the provision of the products or services covered by these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is real estate.