GENERAL TERMS AND CONDITIONS OF SALE
www.nsfgrafics.com
Version translated from Spanish into French
1. GENERAL INFORMATION
The ownership of this website www.nsfgrafics.com (hereinafter, the “Website”) belongs to: NSF GRAFICS, with NIF: Y3726148R, whose contact details are as follows:
Address: CL TENERIFE 22, F2 03725 TEULADA (SPAIN)
Contact email: contact@nsfgrafics.com
This document (as well as other documents referenced herein) governs the conditions of use of this Website (www.nsfgrafics.com) and the purchase or acquisition of products and/or services on it (hereinafter, the “Terms”).
For the purposes of these Terms, the activity carried out by NSF GRAFICS through the Website includes:
Creation and 3D printing of objects, creation and design of logos.
In addition to reading these Terms, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy and NSF GRAFICS’s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and by all of the above; if you do not agree with all of the foregoing, you must not use this Website.
We also inform you that these Terms may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time of the request to purchase products and/or services will apply.
For any questions the User may have regarding the Terms, they may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the status of user (hereinafter, indistinctly, individually “User” or collectively “Users”) and therefore, from the moment browsing on the Website begins, all the Terms set out herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
·Use this Website only to make legally valid inquiries and purchases or acquisitions.
·Do not make false or fraudulent purchases. If such a purchase can reasonably be considered to have been made, it may be cancelled and the competent authorities will be informed.
·Provide truthful and lawful contact details, for example an email address, postal address and/or other details (see Legal Notice and General Terms of Use).
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may enter into the contract of sale for the desired products and/or services with NSF GRAFICS in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may make purchases on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.nsfgrafics.com, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on: “PAY”.
Likewise, the User must complete and/or verify the information requested at each step, although during the purchase process, before making the payment, the purchase details may be modified.
Subsequently, the User will receive an email confirming that NSF GRAFICS has received their order or request to purchase and/or provide the service, i.e., the order confirmation. And, where appropriate, you will also be informed by email of the shipment of your purchase. Where applicable, this information may also be made available to the User via their personal area on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by email and, where applicable, via their personal login area on the Website. Likewise, the User may, if desired, obtain a paper copy of the invoice by requesting it from NSF GRAFICS using the Website’s contact areas or via the contact details provided above.
The User acknowledges having been informed, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question, which are indicated with the presentation or, where appropriate, the image thereof on its page on the Website, indicating, by way of example but not limited to, and as appropriate: the name, price, components, weight, quantity, color, product details or characteristics, how services will be performed and/or the cost of services; and acknowledges that placing the purchase order or acquisition constitutes full and complete acceptance of the applicable specific conditions of sale in each case.
Communications, purchase orders and payments occurring in transactions made on the Website may be archived and kept in NSF GRAFICS’s computerized records to constitute proof of the transactions, in all cases under reasonable security conditions and in compliance with the applicable laws and regulations, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, as well as Users’ rights in accordance with this Website’s privacy policy.
4. AVAILABILITY
All purchase orders received by NSF GRAFICS through the Website are subject to product availability and/or to there being no circumstances or force majeure (clause nine of these Terms) affecting their supply and/or the provision of services. In case of difficulties in supplying products or if items are out of stock, NSF GRAFICS undertakes to contact the User and to refund any amounts that may have been paid. This also applies in cases where the provision of a service becomes impossible.
5. PRICE AND PAYMENT
The prices displayed on the Website are final (EXCLUDING SHIPPING COSTS), in euros (€), and include all taxes, unless otherwise stated and as applicable by law, particularly with regard to VAT.
Shipping costs are included in the final prices of the products as listed on the Website. Thus, NSF GRAFICS provides delivery and/or shipping services through: MONDIAL RELAIS.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may be changed at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card / PayPal
NSF GRAFICS makes every effort to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. To this end, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to verification and authorization by the issuing bank. If the issuing bank does not authorize payment, NSF GRAFICS will not be liable for any delay or non-delivery and will not be able to conclude a contract with the User.
Once NSF GRAFICS receives the User’s purchase order through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds are available to carry out the transaction. The card will be charged when the User receives the shipping confirmation and/or the confirmation of service provision according to the terms and, where applicable, the place established.
In all cases, by clicking “PAY”, the User confirms that the payment method used is their own.
6. DELIVERY
In cases where physical delivery of the contracted goods is required, deliveries will be made to the following territory: Worldwide
Except where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method chosen by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason, NSF GRAFICS is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange redelivery.
If the User is not present at the place of delivery at the agreed time, they must contact NSF GRAFICS to arrange delivery on another day.
If 30 days have elapsed since your order was available for delivery and it has not been delivered for reasons not attributable to NSF GRAFICS, NSF GRAFICS will understand that the User wishes to withdraw from the contract and the contract will be deemed terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive ordinary delivery method offered on the Website, without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.
However, the User should bear in mind that transport arising from the termination may incur an additional cost that may be passed on to the User.
For the purposes of these Terms, delivery is deemed to have occurred or the order to have been delivered at the moment when the User or a third party designated by the User takes material possession of the products, as evidenced by the signing of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when NSF GRAFICS receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after NSF GRAFICS has received full payment.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), delivery and/or service orders are deemed to be located in the territory where Spanish VAT applies if the delivery address is located in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the rate legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that if they detect an error in entering the data necessary to process their purchase request on the Website, they may modify it by contacting NSF GRAFICS through the contact areas provided on the Website and, where appropriate, through those provided to contact customer service and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User via their personal login area on the Website.
In any case, before clicking “PAY”, the User has access to the space, basket or cart where their purchase requests are recorded and may make modifications.
Similarly, the User is invited to consult the Legal Notice and the General Terms of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
8. RETURNS
If the User purchases products on or via the Owner’s Website, the User has a series of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, took material possession of the goods purchased on the NSF GRAFICS Website or, in the case of separate delivery of the items comprising the User’s order, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, took material possession of the last of those items comprising the same order, or in the case of a service contract, 14 calendar days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify their decision to NSF GRAFICS. They may do so, where appropriate, through the contact areas provided on the Website.
The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that NSF GRAFICS makes available as an annex to these Terms, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication clearly expressing the decision to withdraw to be sent before the withdrawal period has expired.
In the event of withdrawal, NSF GRAFICS will refund to the User all payments received, including shipping costs (except for the additional costs chosen by the User for a shipping method other than the cheapest method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which NSF GRAFICS is informed of the User’s decision to withdraw.
NSF GRAFICS will refund the User using the same means of payment used by the User for the initial purchase transaction. This refund will not incur any additional cost for the User. However, NSF GRAFICS may withhold the refund until it has received the products or items from the purchase, or until the User provides proof of their return, whichever condition is met first.
The User may return or send the products to NSF GRAFICS at the following address: CL TENERIFE 22, F2 03725 TEULADA (SPAIN)
They must do so without undue delay and, in any event, no later than 14 calendar days from the date on which NSF GRAFICS was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods, if any. In addition, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, in accordance with Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other supplementary laws. By way of example, and without limitation, this would be the case for: customized products; products liable to deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as originally sealed; products which, for hygiene or health reasons, are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, since this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that, once the contract has been fully performed by NSF GRAFICS, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond merely opening it, if products are not in the same condition as when delivered, or if they have suffered any damage after delivery.
Products must also be returned using or including all original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of defective products or delivery error
These are all cases where the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order and must therefore contact NSF GRAFICS immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of withdrawal).
The User will then be informed how to proceed with the return of the products which, once returned, will be examined and the User will be informed, within a reasonable time, whether a refund or, where appropriate, replacement of the product is appropriate.
The refund or replacement of the product will be carried out as soon as possible and, in any event, within 14 days from the date we sent you an email confirming the refund or replacement of the non-conforming item.
The amount paid for products returned due to a defect, where one actually exists, will be refunded in full, including delivery costs and any costs that the User may have incurred to make the return. The refund will be made using the same payment method used by the User to pay for the purchase.
In all cases, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always apply.
Warranties
The User, as a consumer and user, benefits from warranties on the products that can be purchased through this Website, under the terms legally established for each type of product, NSF GRAFICS being responsible, therefore, for any lack of conformity thereof that becomes apparent within two years from delivery of the product.
In this sense, products are deemed to conform to the contract provided that: they match the description made by NSF GRAFICS and have the qualities presented there; they are suitable for the uses to which products of the same type are normally put; they present the usual quality and performance of a product of the same type as can reasonably be expected. Where this is not the case in respect of the products delivered to the User, the User must proceed as indicated in the section on Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics, provided that these result from the type of material from which they were manufactured, and will therefore form part of the individual appearance of the product and will not constitute a defect.
On the other hand, the User may purchase on the Website a product branded or manufactured by a third party. In such a case, and considering that the User is faced with a defective product, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them during the two years following delivery of said products. To do so, the User must have kept all information relating to the product warranties.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, NSF GRAFICS accepts no liability for the following losses, regardless of their origin:
·losses not attributable to any breach on its part;
·commercial losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
·any other indirect damage that was not reasonably foreseeable by both parties at the time the contract of sale for the products was concluded between them.
NSF GRAFICS also limits its liability in the following cases:
NSF GRAFICS applies all necessary measures to provide a faithful display of the product on the Website, but is not responsible for minor differences or inaccuracies that may exist due to lack of screen resolution, browser issues used, or others of this nature.
NSF GRAFICS will act with the utmost diligence to make the company in charge of transporting the product subject to the order available. However, NSF GRAFICS is not responsible for damages resulting from malfunctions in transport, particularly for causes such as strikes, road delays and, in general, any other typical cause of the sector that results in delays, loss or theft of the product.
Technical failures due to fortuitous causes or others that prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. NSF GRAFICS uses all means at its disposal to carry out the process of purchase, payment and shipping/delivery of products; however, it is exempt from any liability for causes not attributable to it, force majeure or fortuitous events.
NSF GRAFICS cannot be held responsible for misuse and/or wear of products that have been used by the User. At the same time, NSF GRAFICS cannot be held responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, NSF GRAFICS will not be responsible for any failure or delay in the performance of any of the obligations assumed, where this is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
Inability to use public or private telecommunications systems.
Laws, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, obligations will be suspended for the duration of the force majeure, and NSF GRAFICS will be granted an extension to perform them for a period equal to that of the force majeure. NSF GRAFICS will endeavor to find a solution that enables it to fulfill its obligations despite the force majeure cause.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with NSF GRAFICS will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that NSF GRAFICS sends electronically comply with the legal requirements for written form. This condition does not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with NSF GRAFICS using the contact details provided in these Terms and, where appropriate, through the Website’s contact areas.
Likewise, unless otherwise stipulated, NSF GRAFICS may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
NSF GRAFICS’s waiver of a specific right or legal remedy or the fact that NSF GRAFICS does not require the User’s strict performance of any of their obligations does not constitute a waiver of any other right or remedy arising from a contract or the Terms, nor does it release the User from complying with their obligations.
No waiver by NSF GRAFICS of any of these Terms or any right or remedy under a contract will be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. SEVERABILITY
If any of these Terms is declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force and will not be affected by such nullity declaration.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between the User and NSF GRAFICS with respect to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties.
The User and NSF GRAFICS acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except those expressly mentioned in these Terms.
14. DATA PROTECTION
The information or personal data that the User provides to NSF GRAFICS in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Terms of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
Access, browsing and/or use of this Website and the purchase contracts for products through it are governed by Spanish law.
Any dispute, issue or disagreement arising from access to, browsing and/or use of the Website, or from the interpretation and performance of these Terms, or from sale contracts between NSF GRAFICS and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
Users may send their complaints, claims or any other comments they wish to make to NSF GRAFICS at the contact details indicated at the beginning of these Terms (General Information).