Terms and conditions

NOARI KIDS GENERAL PURCHASE CONDITIONS, NOARI KIDS SL on-line STORE

By means of this document, the general conditions of the contractual relationship are established, the object of which is the sale of products offered from the website www.noarikids.com, owned by NOARI KIDS SL (hereinafter THE SERVICE PROVIDER), with fiscal address C / Bac de Roda 126, 08020. Barcelona. Any claim that the CONTRACTOR needs to transfer to the SERVICE PROVIDER must be made by writing to the postal address indicated in the previous paragraph, or to the e-mail address admin@noarikids.com.

NOARI KIDS, SL

C / BAC DE RODA, 126. LOCAL 2

08020 BARCELONA

B66439258

Registered in the Mercantile Registry of Barcelona TOMO 44607 Folio 119 Page 461013 Inscription 1.

FIRST. - OBJECT OF THE GENERAL CONDITIONS

By these General Conditions, THE SERVICE PROVIDER undertakes to deliver to the CONTRACTOR the products that he has requested through the website www.noarikids.com in exchange for a specified price. 

By purchasing the products available on this website, the CONTRACTOR declares that:

1. That he is a person of legal age and with the capacity to contract.

2. That you have read, understood, and that you accept these General Conditions.

SECOND. APPLICABLE LEGISLATION

These General Conditions are subject to the provisions of the Consumers and Users Law of 2007 (Royal Legislative Decree 1/2007, of November 16), to Law 7/1998, of April 13, of General Conditions of the Hiring. Both laws develop the Community Directive 93/13 / CEE on clauses in contracts with consumers. Likewise, they comply with the requirements of Law 7/1996, of January 15, on the Regulation of retail trade, in Law 34/2002, of July 11, of Information Society Services, and in the Regulation of telephone or electronic contracting with general contracting conditions (RD 1906/1999, of December 17). The data obtained for the proper purpose of the contract is obtained and subjected to treatment in accordance with LO 15/1999, of December 13, on the Protection of personal data.

THIRD. ALTERATION OF THE GENERAL CONDITIONS

THE SERVICE PROVIDER reserves the right to modify these General Conditions at any time, without the need to previously notify the CONTRACTOR, who in any case is responsible for reviewing them as a prerequisite for acquiring any product available through this page. Web. In any case, the General Conditions that are exposed to the web at the time that the CONTRACTOR acquires the corresponding products will be considered valid and applicable. In the event of a contradiction between these General Conditions and the Particular Conditions derived from the purchased product, the latter shall prevail unless the General Conditions are more beneficial for the consumer who has adhered to them when making the purchase, in which case the present.

QUARTER. - RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

4.1. Product delivery. - THE SERVICE PROVIDER undertakes to deliver the product in perfect condition to the address indicated by the CONTRACTOR in the order form where the particular conditions that are attached to these General Conditions are stated. THE SERVICE PROVIDER will not be responsible for errors caused in the delivery when the data entered by the CONTRACTOR to the order form does not conform to reality or has been omitted. The delivery time for items in stock will be a maximum of 2 weeks, although it may be shorter if the product so indicates. In any case, at the time of adding an item to the shopping cart, the delivery time for each item will be indicated, as well as the shipping costs. Both information will always appear prior to placing the order. In case the product is not in stock, THE SERVICE PROVIDER will inform the CONTRACTOR of the new term by email, within a maximum period of 48 hours from the purchase. In these cases, the delivery time may be up to 4 weeks, customers will be offered the option of canceling the order and full refund of the amount, with the same payment method chosen.

4.2. Responsibility of the SERVICE PROVIDER. - THE SERVICE PROVIDER will in no case be responsible in relation to:

4.2.1. Errors or delays caused by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any circumstance that may arise when these incidents are due to problems on the Internet, due to fortuitous causes or force majeure and any other unforeseeable contingency beyond the good faith of the SERVICE PROVIDER or unrelated to the correct functioning of its electronic contracting system. In any case, THE SERVICE PROVIDER undertakes to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution of the incident that allows compliance with the terms and conditions of the perfected sale.

4.2.2. Of the errors or damages produced by an ineffective use of the service and in bad faith by the CONTRACTOR, or by the falsification of the data entered by the CONTRACTOR at the time of formalization of the order.

4.2.3. Of the non-operability or problems in the electronic address provided by the CONTRACTOR for the processing of the order confirmation.

4.2.4. Right of withdrawal: THE SERVICE PROVIDER recognizes the CONTRACTOR the right of withdrawal in the terms and deadlines recognized in articles 68 to 79 of the Law on Consumers and Users of 2007 (Royal Legislative Decree 1/2007, of November 16), and in art. 10 of Law 7/1996, of January 15, on the Regulation of Retail Trade, by virtue of which the CONTRACTOR who has the status of consumer may cancel the contract concluded, by notifying the SERVICE PROVIDER within the legally established period , without the need to justify its decision and without penalty of any kind, except for the direct cost of returning the good or service provided, which in accordance with art. 101 of the Consumers and Users Law of 2007 will be the responsibility of the CONTRACTOR.

In the case of exercise of the right of withdrawal that is recognized to the CONTRACTOR who has the status of consumer, the SERVICE PROVIDER will reimburse the amount paid for the price and applicable taxes, to the bank account number indicated by the CONTRACTOR himself at the time of formalization of the purchase. The direct cost of returning the item purchased, in the case of a distance sale, will be borne by the CONTRACTOR.

The term for the exercise of the right of withdrawal is fourteen calendar days, counted from the receipt of the purchased item, and once the SERVICE PROVIDER has been exercised, it will proceed to return the sums paid for the acquisition of the good once it has been returned the item. Once the CONTRACTOR communicates to us his desire to proceed with the return, we will confirm the receipt of his message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, you must send us Freight Paid the merchandise you wish to return in the original packaging and with all its original content, including accessories, guarantees and manuals. Once we receive the merchandise, we will verify that all the aforementioned requirements are met and if so, we will proceed to return the amount of the products of your order (in no case the amount paid for shipping or transportation thereof, or reimbursement expenses). The form of payment of the return will be: Bank transfer if the order was paid by means of account deposit or bank transfer, credit to your card if it was paid by Credit Card, and by PayPal if this payment method was chosen.

For the purposes of exercising this right, the model of the withdrawal form that has been created for these purposes is made available to the CONTRACTOR, for notification to the SERVICE PROVIDER, in some way admitted by law and within the terms provided. In any case, the CONTRACTOR will be responsible for the direct costs of returning the aforementioned product, as it is a distance sale. The CONTRACTOR will only be liable for the purchase price of the product when its return is impossible due to loss, destruction or other cause that prevents it from returning the purchased item, or the decrease in value of the product is not a consequence of its use in accordance with the nature of the item. .

Model withdrawal form, which should be sent to the following address, also sending the corresponding product:

- For the attention of the NOARI KIDS, SL sales manager at C / Bac de Roda 126 email: admin@noarikids.com

- I hereby inform you that I am withdrawing from my contract for the sale of the following good / service provision (delete the one that does not apply)

-Order received on (date).

-Name of the consumer and user or consumers and users

-Address of the consumer and user or consumers and users

-Signature of the consumer and user or consumers and users (only if this form is submitted on paper)

-Date.

It should be noted that the product must not be returned in its original packaging, the good will suffer a depreciation.

4.2.5. Guarantees: THE SERVICE PROVIDER, is obliged to deliver the product in perfect condition, being exempt from all responsibility in relation to possible breakages or defects in the product packages produced after delivery of the same to the CONTRACTOR and that have been caused directly by it due to misuse of the product.

THE SERVICE PROVIDER will be responsible for the conformity of the product sold with the file that appears on the website at the time of its acquisition or that is delivered to the CONTRACTOR, and its correct operation. The CONTRACTOR, before signing the delivery of the order, must check that the product is released in perfect condition. However, THE SERVICE PROVIDER will not be liable for lack of conformity that the CONTRACTING PARTY was aware of or could not have justifiably ignored at the time of the conclusion of the contract, or that are produced by an incorrect assembly of the product by the buyer when the instructions of installation have been supplied and are clear and without descriptive errors. Nor will it be liable for all those damages that the CONTRACTOR causes to the purchased product due to a manifest misuse of it on its part.

4.2.6. Terms: THE SERVICE PROVIDER responds for a period of two years, counting from the delivery of the product, for any lack of conformity that is manifested, in relation to these General Conditions and with the file corresponding to the product purchased, although only The lack of conformity in the six months after the delivery of the product will be presumed that they already existed when the thing was delivered, unless proven otherwise. In any case, the CONTRACTOR has a period of two months to inform THE SERVICE PROVIDER of the lack of conformity of the product, from the moment it has been detected. Failure to comply with said period, although it will not entail the loss of the corresponding right to reorganization, will cause the CONTRACTOR to be responsible for the damages or losses actually caused by the delay in the communication of the lack of conformity.

If the product is not in accordance with the contract, the CONTRACTOR may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. In cases of lack of conformity of the product, the repair or replacement will be free for the CONTRACTOR who has the legal status of consumer and user in accordance with the applicable regulations. It should be done within a reasonable time.

When repair or replacement is not possible, the CONTRACTOR may demand a price reduction or the termination of the contract, although in no case will the resolution proceed when the lack of conformity is of little importance.

FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

5.1. Payment. - The CONTRACTOR agrees to pay in advance the amount for the product actually requested in the following amount and form:

5.1.1. Amount. - The remuneration for the product actually requested by the CONTRACTOR based on the product requested will be the one indicated on the website and the one that appears in the specific request of the CONTRACTOR at all times, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website always appear with VAT included.

In addition to the price that appears on the website for each of the products offered, the relevant referral costs must be added. In the case of rates that THE SERVICE PROVIDER does not apply at any time, they will always be the official offers by the state postal service or by private courier companies; THE SERVICE PROVIDER will not generate any profit for these rates, which undertakes to communicate the overall cost of both the product and the shipping costs always in advance to the CONTRACTOR before formalizing the purchase itself and to the confirmation email of the same.

5.1.2. Payment Methods. - The CONTRACTING PARTY must pay the amount corresponding to the purchased product, by transfer, credit card, paypal or by SeQura installment payment.

5.2. Responsibility of the CONTRACTOR. - In any case, it will be the responsibility of the CONTRACTOR:

5.2.1. Assume all risks of deterioration, damage and loss of the products from the moment they have been made available to you by the third party who, on behalf of the SERVICE PROVIDER, makes the delivery of the requested products.

5.2.2. Check the good condition of the package before the third party who, on behalf of the SERVICE PROVIDER, delivers the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If, once the content has been reviewed, the CONTRACTOR detects any incident such as hit, breakage or any damage caused by the referral, the latter undertakes to notify the SERVICE PROVIDER in the shortest possible time.

SIXTH. - PERSONAL DATA PROTECTION

6.1. We inform the CONTRACTOR of the existence of a file and request for consent for the automated processing of data: In relation to the personal data provided by the CONTRACTOR to the forms that may be on its website, THE SERVICE PROVIDER strictly complies with the Current regulations established in Law 15/1999 on the Protection of personal data and other regulations that develop it and informs the CONTRACTOR that the referred data will be included in a file for automated processing, with the CONTRACTOR giving his consent by accepting these General Conditions the aforementioned treatment.

6.2. Purpose of the treatment: THE SERVICE PROVIDER collects certain personal data that are entered by the CONTRACTOR to the form to formalize the sale of the products. THE SERVICE PROVIDER informs that it will automatically manage this data. THE SERVICE PROVIDER will process these data for the billing and delivery of the product, as well as for the periodic submission of offers and commercial information to the CONTRACTOR. In any case, the data collected and processed by the SERVICE PROVIDER are the basic ones for the purposes indicated above.

6.3. Obligatory nature of the introduction of the data: the fields in which a red box appears in the existing forms are those that require a mandatory response and if they are not covered, the consequence would be that it would be impossible to send the query or make the specific order.

6.4. Rights of access, rectification, cancellation and opposition: The CONTRACTOR who enters their personal data in the different registration forms, will have the full right to exercise the rights of access, rectification, cancellation and opposition at any time by requesting it by post to NOARI KIDS, SL, with address C / Bac de Roda 126, 08020 Barcelona or by email to admin@noarikids.com, including in both cases a copy of the DNI or other document that proves the identity of the owner of the data. THE SERVICE PROVIDER reiterates that it undertakes to respect and absolute confidentiality in the collection and processing of the CONTRACTOR's personal data, declaring its commitment not to transfer it to third parties in any case, without the prior consent of its owners.

6.5. Security. - THE SERVICE PROVIDER ensures the absolute confidentiality and privacy of the personal data collected and for this reason essential security measures have been adopted to avoid alteration, loss, treatment or unauthorized access and thus guarantee its integrity and security, especially those provided to Royal Decree 994/1999, of June 11, which approves the Regulation of security measures for automated files containing personal data. THE SERVICE PROVIDER will not be responsible in any case for incidents that may arise around personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures implemented or when it is due to a lack of diligence of the CONTRACTOR in relation to the guarding and custody of their access codes or their own personal data.

6.6. Veracity of the data. - The CONTRACTOR is responsible for the veracity of his data, committing himself not to introduce false data and to proceed to modify them if necessary.

SEVENTH. - PRICES, ORDER CONFIRMATION AND DELIVERY TIMES

7.1 All prices include legally applicable taxes (VAT).

7.2 We include information on the website about the availability of the products we sell, detailing it on the information page of each of the products. It is not possible for us to offer more precise information about the availability of a product, beyond what we show on the product information page or in other sections of the website. When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In this case, we will not charge you any amount for said product.

Please note that in some cases, it is not possible for us to confirm a specific delivery date when you place your order. In these cases, we will provide you with our best estimate, usually indicating a range of days. In any case, the delivery will be made within a maximum period of 30 days from the completion of your order, unless otherwise agreed.

7.3 In the event that THE SERVICE PROVIDER or the Point of Sale identify a manifest error in the price of any of the published Products, they will immediately notify the Client, as well as carry out the corresponding publication of the rectification of the same to through the Website and in the usual means of communication, and the erroneous order will be canceled by making the full refund of the amount of the order to the customer. The customer will have the possibility to repeat the order once the correct price has been applied.

7.4 In the event that the CONTRACTING PARTY has chosen the option of payment by transfer, it is necessary to communicate by email once it has been made. THE SERVICE PROVIDER will not confirm the payment of an order or reserve the products until there is this confirmation and receipt of the amount of the order has been verified in your bank.

7.5. THE SERVICE PROVIDER will in no case be responsible for:

7.5.1. Errors and incidents that may occur in communications or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational to make purchases of the products offered.

7.5.2. Of the production of any type of damage that the CONTRACTING PARTY or third parties could cause to the website, preventing the normal development of the purchase operation.

7.6. THE SERVICE PROVIDER reserves the right to suspend access to the website without prior notice on a discretionary basis and definitively or temporarily until ensuring effective responsibility for any damages that may occur. Likewise, THE SERVICE PROVIDER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damage caused constitutes any type of illicit activity. Without prejudice to this, for those CONTRACTING PARTIES who have acquired a product on the website prior to the suspension, they are guaranteed the exercise of withdrawal rights, or those derived from the lack of conformity of the product, by means of postal or electronic communication to the addresses indicated in the heading of this document. 

EIGHTH. - COPYRIGHT

THE SERVICE PROVIDER informs that the Web site www.noarikids.com, - the own contents, the programming and the design of the Web site - is fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements except for the express and written consent of the SERVICE PROVIDER.

NINTH. - APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions are governed by Spanish legislation. To resolve any controversy or conflict arising from these General Conditions, THE SERVICE PROVIDER is subject to the criteria for determining competence established in the applicable legislation on consumers and users.

TENTH.- In the event that any clause of these General Conditions is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. THE SERVICE PROVIDER may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them, except for express recognition by the SERVICE PROVIDER. 

ELEVENTH.- Use of cookies: For the use of some functionalities of the website, the use of cookies is necessary. Cookies are used to add products to the basket and thus be able to make a purchase. They are also used to personalize the navigation for each user. 

If you wish, you can configure your browser to be notified on the screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please, consult the instructions and manuals of your browser to expand this information.

We remember the importance of reviewing the packaging and the product it contains at the time of receipt; In case of detecting any anomaly, it should be reflected in the delivery note or invoice of the carrier and take photographs that reflect the incident for the purpose of its correct analysis. Subsequently with all the documentation, communicate it immediately in writing to noarikids.com.

RETURNS:

It is possible to return the products purchased within a period of 14 calendar days from the date of receipt of the order according to the delivery receipt. Products that have been used or without the original packaging properly sealed will not be accepted and must be delivered with all original accessories, as well as all product documentation. The product must be returned with protective packaging that prevents any damage to the product or its original box. Otherwise, the product could suffer a depreciation, and the return amount can be reduced, complying with the conditions regulated by Law 47/2002 on trade regulations.

Noari Kids will reimburse the consumer for the total amount of the correctly returned products, deducting the amount associated with the management and shipping costs of the original shipment. This amount will also be deducted in the event that the original invoice was subsidized by the commercial offer.

The return of the products can be done optionally through the Noari Kids courier service, in this case, the costs associated with the second return shipment must also be deducted from the return amount.

Once the message is received confirming that the order has been sent, there will be associated costs in case you want to cancel the order or need to modify any incorrect data in the original shipping data.

You can indicate your willingness to make a return by completing the following form, with Subject: RETURNS AND REFUNDS

https://www.noarikids.com/p/contactar/

WARRANTY AND AFTER-SALES SERVICE:

The clients of noarikids.com benefit from the guarantee given by the different manufacturers of each one of the articles.

Defects or damage due to improper use or handling of the material or wear caused by normal use of the same, are not included in this warranty.

Normally, the end customer can manage directly with the manufacturer for greater agility in the processing of the after-sales service.

However, Noari Kids, SL, as an intermediary, can also help the client in the management of an after-sales service. For this, the post-sale form must be completed. Any subsequent management must be done by responding to the mail postventa@noarikids.com