This document contains the Terms and Conditions that govern the use of this website and the agreement that binds both of us – You and us – (hereinafter the “Terms and Conditions”).
These Terms and Conditions establish the rights and obligations of all users (hereinafter “You”/”your”/”User”) and those of NIRVEL COSMETICS, S.L. (hereinafter “we” / “us” / “our” / “the Seller” / “NIRVEL COSMETICS, S.L.”) regarding the products/services that we offer through this website. Please read these Terms and Conditions carefully before using this website or placing an order through this website, You agree to be bound by these Terms and Conditions, so if You do not agree to all of the Terms and Conditions, you should not place an order.
These Terms and Conditions are subject to change, so please read them before placing each order.
If you have any questions regarding the terms and conditions of purchase or privacy policy, you can contact us by writing to the e-mail address pedidosweb@nirvel.com, with registered office for the purpose of complying with art. 10 of the Law on Information Society Services and E-Commerce, in ALCOY (Alicante), is the owner of the website www.nirvel.es (hereinafter the “Portal”) and makes it available to Internet users with the aforementioned purpose.
These Terms and Conditions are the only terms and conditions applicable to the use of this website and supersede all other terms and conditions, except with the express prior written consent of the Seller. These Terms and Conditions are important to both You and us as they are designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company.
By placing your order, You declare that you have read and agree to these Terms and Conditions without reservation.
You agree that:
You may only use the website for legally valid enquiries or orders.
You may not place any speculative, false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we shall be entitled to cancel the order and inform the relevant authorities.
You also agree to truthfully and accurately provide us with your e-mail address, postal address and/or other contact information, and agree that we may use this information to contact You if necessary (see our Privacy Statement).
If you do not provide us with all the information we require, we shall not be able to process your order.
By placing an order through this website, You warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding agreements.
The items offered through this website shall be available in the USA except for Puerto Rico and Alaska.
The User shall place their order via the Internet on our website www.nirvel.es, which is available 24 hours a day, 7 days a week, except in case of an impediment.
The data provided by the User and registered by NIRVEL COSMETICS, S.L. at the time of registration and order placement constitute the proof of the transactions carried out between NIRVEL COSMETICS, S.L. and the User. After the validation of the order by the User, NIRVEL COSMETICS, S.L. shall send a confirmation email to notify them that the order has been placed correctly.
The user is obliged to check the order confirmation and notify NIRVEL COSMETICS, S.L. immediately of any errors.
All product orders are subject to product availability and, in this sense, if there are difficulties in terms of supply we shall inform you so that you can decide whether to wait until we have new stock of the product or to cancel your order.
We reserve the right to withdraw any Product from this website at any time and/or to remove or modify any material or content on this website. We shall not be liable to You or to any third party for the withdrawal of any product from this website, or the removal or modification of any material or content on the website. In case of product, material or content modification, You shall be informed and be able to cancel your purchase.
You have 7 working days to return your product as long as it is defective or broken when unpacked.
Customised orders (those that are not as they appear in the catalogue pictures), cannot be returned. Precisely because they are manufactured expressly at the buyer’s request.
In the event that NIRVEL COSMETICS, S.L. accepts the return of the item (because the item meets all the requirements for the return), NIRVEL COSMETICS, S.L. shall not bear the return shipping costs; the customer shall bear these costs.
All returns shall be authorised by NIRVEL COSMETICS, S.L. In order to obtain such authorisation, the User shall request the return of the item to NIRVEL COSMETICS, S.L. by sending an e-mail (addressed to pedidosweb@nirvel.es) indicating the order number.
Further details of this statutory right and an explanation of how to exercise it can be found in clause 14 of these Terms and Conditions.
This provision does not affect the rights granted to the consumer by the legislation in force.
Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, we shall try to ship the order of the related product(s) as soon as possible.
NIRVEL COSMETICS, S.L. shall inform the user at all times of the expected delivery times for each product offered on the website, provided that there is 24-hour stock available.
If for any reason we are unable to meet the delivery date, we shall inform you of this circumstance and give you the option to continue the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note that we do not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, it shall be understood that “delivery” has taken place or that the product(s) have been “delivered” once proof of delivery is signed at the agreed delivery address.
If we are unable to deliver the product, we will make a new delivery attempt. If the person to whom the order is to be delivered cannot be located, their product/s will be sent back to the MRW office, to be picked up within a maximum of 10 days. If the customer does not pick up the order within this period, it will be returned to origin, and the customer will have to pay for its reshipment. If you are not expected to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
The risks associated with the Products shall be borne by you from the time of delivery. You will acquire ownership of the products when we receive payment in full of all amounts due in relation to the goods, including shipping costs, or at the time of delivery (as defined in clause 8), whichever is the later.
The price of the products shall be that stipulated at any given time on our website. Although we try to ensure that all prices stipulated on the website are correct, errors may occur. If we detect an error in the price of the products you have ordered, we will notify you as soon as possible.
The prices on the website include VAT but exclude shipping costs, which will be added to the total amount due at the time of payment and specified in the breakdown of the total price.
Prices may change at any time, but (except as set out above) any changes shall not affect orders for which a Dispatch Confirmation has already been sent.
Once you have completed your purchase, all the items you wish to buy will be added to your basket and you can proceed to checkout and complete payment. To do so:
The User may pay via PayPal or by credit card (Visa, MasterCard, etc.)
If the User chooses this option, they can conveniently and securely make purchases with their card through a secure payment platform. If the User chooses this payment method, their order will not be validated until the indicated account has been debited, which is subject to authorisation by the competent payment centres. If the payment is not authorised, the User’s order cannot be accepted and will be cancelled for that reason.
In the event that the details of the buyer and the cardholder do not match, NIRVEL COSMETICS, S.L. reserves the right to contact the User to ratify their identity or to contact the bank to ensure the card has not been reported as stolen.
The charges shall be made to the card the moment the purchase details are confirmed. If for any reason it is not possible to do so, we will send you an e-mail to the e-mail address you provided during registration in order to inform you of the incident.
Payments made by credit card will have no additional costs.
It should be taken into account that the payment gateway provided by NIRVEL COSMETICS, S.L. has the appropriate security measures to avoid interceptions of communications.
NIRVEL COSMETICS, S.L. declares that it does not have access to confidential data relating to the means of payment used, and therefore does not store them.
In accordance with current regulations, all purchases made through NIRVEL COSMETICS, S.L. shall be subject to Value Added Tax (VAT). The prices shown on the website already include VAT for EU member states and Spain.
RETURNS WHEN EXERCISING THE RIGHT TO WITHDRAW FROM THE PURCHASE
RETURNS OF DEFECTIVE PRODUCTS
If at the time of delivery you consider that the product does not comply with the terms of the Contract, you should contact us immediately by e-mail at pedidosweb@nirvel.es, providing details of the product and any damages.
You shall return the product to the address indicated by our customer service department. We shall carefully examine the returned product and inform you via e-mail within a reasonable period of time if the product is to be returned or replaced (if applicable).
The item shall be returned or replaced as soon as possible, subject to the stock of the items in our warehouse.
Amounts paid for products that are returned due to a fault or defect, where such a fault or defect actually exists, shall be refunded in full, including the delivery charges incurred in delivering the item to you and the costs that you would have incurred in returning the item to us. Money shall be refunded through the same method used to pay for the purchase.
The rights recognised by the legislation in force remain unaffected.
Our responsibility in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product. Nothing in these Terms and Conditions of Purchase excludes or limits our responsibility in any way:
In the event of death or personal injury due to our negligence; in the event of fraud or fraudulent misrepresentation; or in any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our responsibility.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms and Conditions, we shall not accept any responsibility for consequential damages arising as a secondary effect of the principal loss or damage, however arising, whether caused by tort (including negligence), failure to comply with the agreement or otherwise, even if foreseeable.
Due to the open nature of this website, we make every effort to ensure that there are no errors in the storage, transmission of digital information, and the accuracy and safety of information transmitted or obtained through this website.
To the extent permitted by law, we exclude all warranties, except for those that cannot be legitimately excluded for consumers.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Agreement.
You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content provided as part of the web page correspond to us at all times or to those who granted us a licence for its use. You may use such material only as expressly authorised by us or our licensors. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact data.
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We shall contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all Agreements, notices, information and other communications we send you electronically comply with legal provisions if in writing. This condition shall not affect your statutory rights.
Please send any notifications preferably at the following e-mail address: pedidosweb@nirvel.es. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send you communications to the e-mail address provided by you when placing an order. Notifications shall be deemed to have been received and properly made at the same time 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. Sufficient proof that the notification has been made shall be, in the case of a letter, proof that it was correctly addressed, was properly stamped and was properly delivered by post or to a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
The Agreement between you and us is binding for you and for us and our respective successors, transferees and assignees.
You may not transfer, assign, encumber or in any other way transfer an Agreement or any of your rights or obligations derived from it, without having obtained our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer an Agreement or any of our rights or obligations under the Agreement at any time during the term of the Agreement. In order to avoid any confusion, such transfers, assignments, encumbrances or other transfers shall not affect the rights, if any, that you, as consumers, have by law nor shall they void, reduce or otherwise limit the guarantees, whether express or implied, that we may have given you.
We shall not be liable for any delay or failure in the compliance of any of our obligations under an Agreement caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control including, but not limited to, the following:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether it has been already declared or not) or threat of or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strikes, failures or accidents in maritime, river or postal transport, or any other type of transport.
Our compliance obligation under any Agreement 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 comply with our obligation for the term of such period. We shall use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Agreement despite the Force Majeure Event.
If, during the term of an Agreement, we fail to insist upon strict compliance with any of our obligations under the Agreement or these Terms and Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or pursue under the Agreement or these Terms and Conditions, such failure shall not constitute a waiver of such rights or remedies or relieve you of such obligations.
Any waiver by us to require compliance shall not constitute a waiver by us to require subsequent compliance.
No waiver by us of any of these Terms and Conditions shall be effective unless expressly stated to be a waiver and notified to You in writing in accordance with the Notifications section above.
If any of these Terms and Conditions or any provision of an Agreement is held to be invalid, illegal or unenforceable to any extent by any competent authority, they shall be severed from the remaining Terms and Conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referenced therein constitute the entire agreement between You and Ourselves in relation to the purpose thereof and supersede any other prior verbal or written pact, agreement or promise agreed between You and Ourselves.
You and We ourselves acknowledge that we have agreed to enter into this Agreement without relying on any statement or promise made by the other party or which could be inferred from any statement or writing during the negotiations between us prior to this Agreement, except as expressly set out in these Terms and Conditions.
Neither You nor we ourselves shall seek any remedy for any untrue statement made by the other party, whether verbal or written, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for failure to comply with the agreement in accordance with the provisions of these Terms and Conditions.
We have the right to revise and amend these Terms and Conditions at any time.
You shall be subject to the policies and Terms and Conditions in effect at the time you place each order, unless we are required by law or governmental action to make changes to such policies, Terms and Conditions or Privacy Statement.
The following General Terms and Conditions are governed by Spanish law. The parties submit, by their own choice, to the courts and tribunals of the Court of Valencia for the resolution of disputes and do not recognise any other jurisdiction.
Your comments and suggestions are most welcome. Please send us your comments and suggestions via e-mail to pedidosweb@nirvel.es
