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Terms and Conditions
General Information
Nagae Line S.L., NIF B88479480, registered in the Mercantile Registry of the province of Madrid, Volume 38355, folio 150, section 8ª, page M-682405, inscription 1ª. Address: Gran Via 49, 28049, Madrid, Spain. Contact e-mail address: hola@siilostomy.com
Purpose
The present Conditions of Use form the complete contract through which the conditions of purchase of the products put at the disposal of the Users by NAGAE LINE, S.L. on the Web Site (the “Products”) are regulated. The access to the Web site or its use by the User, as well as the purchase of any Product, implies necessarily, and without reservations, the knowledge and acceptance of the present Conditions of Use, therefore, it is recommended that the User reads them carefully every time that it wants to buy a Product.
Purchase of Products
To place orders for Products, the User must follow the purchase procedure established on the Web Site, read and accept the present Conditions of Use and select “Finalize and Pay” (the “Order”). Next, NAGAE LINE, S.L will send an e-mail to the User confirming that the Order has been accepted (the “Order Confirmation”). The contract between the User and NAGAE LINE, S.L will be finally formalized once NAGAE LINE, S.L sends to the User the Confirmation of the purchase. They will be an object of the contract only those Products indicated in the Order.
Negativa a tramitar un pedido
Aunque NAGAE LINE S.L hará lo posible para tramitar siempre todos los Pedidos, puede haber circunstancias excepcionales que le obliguen a rechazar la tramitación de algún Pedido después de haber enviado la Confirmación de la orden, por lo que NAGAE LINE, S.L se reserva el derecho a hacerlo en cualquier momento, a su entera discreción.
NAGAE LINE, S.L se reserva el derecho de retirar cualquier Producto del Sitio Web en cualquier momento y de quitar o modificar cualquier material o contenido del mismo, no siendo responsable frente al Usuario o frente a cualquier tercero por el hecho de retirar cualquier Producto del Sitio Web, con independencia de si dicho Producto ha sido vendido o no, de quitar o modificar cualquier material o contenido del Sitio Web.
Product availability
All the Orders are subject to availability of the Products. In the event that, once the Confirmation of Shipment has been sent, NAGAE LINE, S.L. could not have the Product requested for any circumstance, it will contact the User as soon as possible informing him/her of this fact. In such a case, NAGAE LINE, S.L will be able to: (i) offer the User, without price increase, a product of similar characteristics and specifications to the one initially requested, provided that these are in accordance with the User’s needs; and/or (ii) offer the User to cancel the requested Order by refunding the amount paid for the same, within a period of (14) working days.
Industrial rights
The entirety of this website: trade names, distinctive signs, description and characteristics, text, images, graphics, trademarks, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents is protected by Spanish and international laws on intellectual and industrial property. NAGAE LINE S.L. is the owner of the intellectual and industrial property rights of siilostomy. com as well as of the elements contained in the same one for what the reproduction (except the temporary unloading from the web site to the hard disk of the computer of the user or to the proxy servers), the copy, the use, the distribution, the reutilization, the exploitation, the accomplishment of second copies, the shipment by mail, the transmission, the modification, the cession or any other act that is done with the totality or part of the information contained in this web site that has not been expressly authorized by NAGAE LINE S.L. is prohibited.
Product warranty
All the Products contained in the Web site are original of NAGAE LINE, S.L. All of them count on a guarantee of two (2) years in accordance with the criteria and conditions described in the Royal Legislative Decree, 1/2007, of 16 of November, by which the rewritten text of the General Law for the Defense of the Consumers and Users and other complementary laws is approved. It will be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements expressed below: (i) They conform to the description made by NAGAE LINE, S.L and possess the qualities of the Product that NAGAE LINE, S.L has presented to the User in the form of sample or model. (ii) Are suitable for the uses that ordinarily destine the Products of the same type. (iii) Are suitable for any special use required by the User when he has made it known to NAGAE LINE, S.L, provided that NAGAE LINE, S.L has admitted that the product is suitable for such use. (iv) They present the usual quality and benefits of a product of the same type that the User can expect, taking into account the nature of the Product. In the supposition of being proven that the Product does not adjust to the established specifications, NAGAE LINE, S.L will proceed, when it corresponds, to the repair, substitution, reduction of the price or resolution of the contract being such managements free for the User. NAGAE LINE, S.L. is not responsible for the damages in the Products that can result from a bad use of the same ones, as well as of acts or omissions of the User that do not adjust to the specifications of every Product or of the damages caused by third that are not linked to NAGAE LINE, S.L. NAGAE LINE, S.L. puts the major care in the accomplishment of the presentation and description of the Products. However, the photographs of the Products are presented for illustrative purposes only. To know the precise characteristics of each Product you should check the corresponding descriptive data accompanying each Product. It is the sole responsibility of the user to review the aforementioned terms.
Delivery
Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within the period indicated on the web page according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. If for any reason we cannot meet the delivery date, you should contact us at the email address hola@siilostomy.com NAGAE LINE, S.L. assumes no 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 for this purpose, such as the absence of the User or the retention of the Product in Customs. The delivery times are approximate, although NAGAE, S.L tries to adjust to them.
Shipping Costs
Shipping costs include transport, insurance and customs clearance at origin. For deliveries to countries outside the European Union, customs charges at destination and other taxes (duties) are not included; it will be the recipient who will have to pay them in cash in order to receive the goods. The recipient will be responsible for all import charges and taxes that are generated at the destination customs, whether or not the goods are delivered to him. It will be tried that the shipment of the order is realized in the minor possible time, but the receiver will have to bear in mind the dispositions of the country of destination for the import of the articles requested, since NAGAE LINE, S.L does not have responsibility on the same ones. Neither will be imputable to NAGAE LINE, S.L the effects produced by strikes, warlike conflicts or other circumstances out of its control. NAGAE LINE, S.L will not be responsible for the delays in the customs clearance nor if the local authorities decide to confiscate any element contained in a shipment.
Product Pricing
The prices applicable to each Product will be those published on the Web Site on the date on which the User places the Order. In spite of the fact that NAGAE LINE, S.L tries to make sure that all the prices that appear on the Web Site are correct, errors can occur. In the case that NAGAE LINE, S.L discovers an error in the price of some of the Products that some User has requested, it will inform him as soon as possible and will give him the option to reconfirm the Order to the correct price or to cancel it. If NAGAE LINE, S.L. does not manage to contact the User, the Order will be considered cancelled and the User will be reimbursed in full the amounts that he/she had paid. NAGAE LINE, S.L. 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 an incorrect price. The prices can change at any time even when NAGAE LINE, S.L. has already sent the Confirmation of Shipment. In accordance with the arranged thing in article 68 of the Law 37/1992, of 28 of December, of the Value Added Tax, the delivery of the articles will be understood located in the territory of application of the Spanish VAT if the direction of delivery is in Spanish territory except Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. In orders with destination in the European Union and outside the European Union, deliveries will be subject to the tax rate applicable in the territory of destination of the products.
Payment Method
The User may pay by credit or debit card Visa, Visa Electron, Mastercard, American Express or PayPal. To minimize the risk of unauthorized access, the User’s credit card information will be encrypted. So much if the form of payment is realized by means of credit card or debit card or across PayPal, the charge will be realized in the moment in which NAGAE LINE, S.L sends the Confirmation of the order to the User.
Returns and exchanges
Right of withdrawal: in accordance with the applicable regulations, in the event that the User is contracting as a consumer, may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within fourteen (14) calendar days from the date of delivery thereof (the “Withdrawal Period”).
In the event that the User wishes to exercise his/her right, he/she must contact NAGAE LINE, S.L. through the e-mail address to proceed with the exchange/return. If the User lives in Spain: The User will be able to return the Product and the total amount of the same one will be reimbursed to him (this amount does not include the expenses of shipment). The User must send the Product to be returned/exchanged to the address provided by the Customer Service team including the completed “Returns and Exchanges Form”.
The shipping costs will be borne by the User. The refund will be made if the product is in perfect conditions after the pertinent inspection of NAGAE LINE S.L. If the User lives outside Spain: The User will be able to return the Product and to be refunded by the total amount of the same one (this amount does not include the expenses of shipment). The User must send the Product to be returned to the address provided by the Customer Service team including the completed “Returns and Exchanges Form”. The shipping costs will be borne by the User. The reimbursement will be made if the product (without including the shipping costs) is in perfect conditions after the pertinent inspection of NAGAE LINE S.L. Once the Period of Withdrawal has elapsed, neither changes nor returns of Products will be accepted.
Return or replacement of defective Products In the event that the User considers that the Product does not adjust to the specifications established for the above mentioned Product, it will have to get in touch with NAGAE LINE, S.L immediately by means of an e-mail to the direction hola@siilostomy.com communicating if it chooses for the return or for the replacement of the identical product. The User will be able to return the Products, in the place where they were delivered, to a messenger that NAGAE LINE, S.L will send or to return the Product by his own means. Once the pertinent inspection of the returned Product has been carried out, NAGAE LINE, S.L will send, within a reasonable period of time, an e-mail to the User informing him/her of whether the return or replacement of the Product is appropriate (the “Decision of Return or Replacement”). In such case, the return or replacement of the Product will be made as soon as possible and, in any case, within fourteen (14) calendar days from the date of sending the Return or Replacement Decision. In the case that the return or substitution proceeds, NAGAE, S.L. will reimburse the User in full the price of the Product including the expenses of shipment. Common dispositions to the returns The User will have to fulfill the following requirements to make use of the right of withdrawal, as well as to be able to realize returns and replacements of Products: (i)To arrange for the collection of the Product, the User must first contact NAGAE LINE, S.L by sending an email to the address hola@siilostomy.com (ii)The User may prove the exercise of the right of withdrawal in any form admitted by law, being considered in any case validly exercised by returning the Product (iii) The Product must be returned in the same conditions as in which it was received. NAGAE LINE will not reimburse any amount if the Product has suffered any damage, so the User must be careful with the Product while it is in its possession (iv)The return will be made in the same means of payment that the User used to pay for the Product.
Website usage
The Users commit themselves to use the Web site in accordance with the law, the moral, generally accepted good customs and the public order in force. The Users are obliged to abstain from using the Web Site with illicit ends or effects, contrary to the established in the present Conditions of Use, harmful to the rights and interests of NAGAE LINE, S.L or of third parties or that of any form can damage, or deteriorate the image or reputation of SIIL or prevent the normal use or enjoyment of the products and services that are offered on the part of NAGAE LINE, S.L in the Web Site.
Intellectual Property
All the information contained in the Web Site, including its graphic design and the source code, are protected by copyright and other rights included in the Royal Legislative Decree 1/1996, of April 12 by which the Revised Text of the Law of Intellectual Property is approved, and the rest of norms that regulate the Intellectual Property. These rights belong exclusively to NAGAE LINE, S.L, therefore, it is expressly prohibited any act of reproduction, distribution, transformation or public communication, as well as any type of cession, of all or part of the content of the Web Site, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as of the data bases and the software necessary for the visualization or the operation of the same and of any object that according to the legislation in force is protectable by the norms of intellectual property. The Users will not be able in any case to exploit or to use commercially, of direct or indirect form, total or partial, of any of the contents that conform the Web site without the previous authorization and in writing of NAGAE LINE, S.L. The authorization for the use of any content of the Web site can be requested to the email address hola@siilostomy.com.
The established in the previous paragraphs will not suppose in any case the assumption of responsibility on the part of NAGAE LINE, S.L on the content, nor will it be able to generate right to indemnification for Users or third parties.
Legal Liability
NAGAE LINE, S.L. is exonerated from all responsibility relating to:
(i) The operation of the Web Site, including causes of force majeure, or any others beyond the control of NAGAE LINE, S.L, which may not be fully operational, or may eventually lack the minimum functionality to manage the relevant service.
(ii) The possible errors or deficiencies of security that could take place by the utilization, on the part of the Users, of a navigator of a version not updated or insecure, as well as by the activation of the devices of conservation of passwords or codes of identification of the User registered in the navigator or of the damages, errors or inaccuracies that could derive from the bad functioning of the same one.
(iii) For direct or indirect damages that may be caused by the information transmitted or communicated on the Website or in its electronic communications, including but not limited to technical or human errors in the published data.
(iv) Damages, including but not limited to: direct or indirect, incidental or consequential damages, losses or expenses arising in connection with this Web Site or its use or inability to use by any party, or in connection 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 responsible for the damages and prejudices of any nature for illicit or fraudulent acts as well as those damages or prejudices that NAGAE LINE, S.L or its Users could suffer as a consequence, direct or indirect, of the breach on the part of the User of the present Conditions of Use, reserving NAGAE LINE, S.L those actions to which it had right before the pertinent judicial or police authorities. Although it uses its best efforts, NAGAE LINE, S.L cannot guarantee Users continuous and uninterrupted access to and use of its Web Site.
MODIFICATIONS NAGAE LINE, S.L has the right to revise and modify at any time the present Conditions of Use. The User will be subject to the same ones in the moment in which he accepts them, unless by law or decision of governmental organisms NAGAE LINE, S.L must carry out changes with retroactive character, in which case the possible changes will also affect the Orders that the User had requested previously.
CONTACT AND COMMUNICATIONS IN WRITING The applicable regulations require that part of the information or communications that NAGAE LINE, S.L sends to the User be in writing. On having accepted the present Conditions of Use, the User accepts that most of the communications with NAGAE LINE, S.L are electronic. NAGAE LINE, S.L will contact the User by means of electronic mail or by posting notices on the Web Site. The User consents to use this electronic means of communication and recognizes that all notifications, information and other communications that NAGAE LINE, S.L sends him/her in electronic form comply with the legal requirements of being in writing. For any consultation or incidence related to the Orders, the User will have to put in touch with NAGAE LINE, S.L sending an e-mail to the following direction hola@siilostomy.com
JURISDICTION AND APPLICABLE LAW The operation and use of the Web Site and of the present Conditions of Use are governed by Spanish legislation. To the extent permitted by law, NAGAE LINE, S.L and the User, expressly waiving any other jurisdiction that may correspond to them, agree to submit themselves to the jurisdiction of the Courts and Tribunals of Madrid (Spain).
