Terms & Conditions — NÉMESISMADRID

RETURNS

NÉMESIS MADRID guarantees to the consumer the return of any item purchased in case of dissatisfaction or damage as long as you return to us in perfect condition within 15 days of receipt of the same (Except on modified, pre-order or custom orders). Please add to request a refund or exchange of an item, you can request a scheduled pickup sending and email to nemesismadridinfo@gmail.com

In Spain, return shipping will cost €5.00 and €9.00 for the rest of Europe.

Némesis has the right to deny return credits if items received do not meet our return criteria. In this case, the items will be sent back to the customer.

Need help? Contact us by email at nemesismadridinfo@gmail.com

TERMS & CONDITIONS

CONDITIONS OF USE AND PURCHASE
PREAMBLE
The company EXPLOTACIONES LAVIBO S.L. is engaged in the production and commercial exploitation of the Némesis Madrid brand.The purpose of these General Terms and Conditions of Sale is to define the rules applicable to the sale of products of the Némesis Madrid brand (hereinafter referred to as “the product(s)”) on the website, between the company EXPLOTACIONES LAVIBO S.L. and any natural person, of legal age, non-commercial, with the legal capacity to contract, exclusively domiciled in the countries of delivery by www.nemesismadridshop.com (hereinafter “the Customer”) through a purchase of products on the website.

In order to apply the present, it is necessary that the customer and EXPLOTACIONES LAVIBO S.L. are collectively referred to as “the Parties” and individually as the “Party”.These General Conditions of Sale (G.C.S.) regulate, without restriction, the sales of products made by EXPLOTACIONES LAVIBO S.L. on behalf of Némesis Madrid brand from the website. EXPLOTACIONES LAVIBO S.L. reserves the right to modify these G.C.V.C. at any time by publishing a new version on the website. The applicable G.C.C.V. are those in force on the website on the date on which the customer places the order; bearing in mind that any order for a product offered on the website implies the customer’s full and total adherence to the G.C.C.V. in force at the time the order is placed. Clause 1 – Purpose
The purpose of these G.C.C.V. is to define the conditions under which EXPLOTACIONES LAVIBO S.L. markets the products to the customer. These conditions also regulate the different stages of the sale from the moment the customer places the order. Clause 2 – Products
The products offered by EXPLOTACIONES LAVIBO S.L. under the name Némesis Madrid brand are those listed on the website on the day the customer visits the site. Each product has a descriptive text which, in addition to a photograph, contains: prices, sizes and colors available, composition and specific characteristics. It is possible that there may be minimal differences between a product and the photograph, especially depending on the resolution and color definition of the user’s screen. EXPLOTACIONES LAVIBO S.L. undertakes to deliver the products in compliance with the requirements in force relating to the safety and health of persons in accordance with European provisions and, in particular, with the legislation relating to regulated chemical substances. Clause 3 – Prices
Prices are quoted in Euros, but can be quoted in USD and GBP on request. Prices include taxes but do not include shipping costs. The shipping costs are communicated to the customer in the order summary before validating the order and all taxes are indicated. These costs are borne by the customer and are invoiced in addition to the selling price of the products. The transfer of the risks of loss and deterioration of the products will take place after delivery and once the customer has received the products. We reserve the right to change prices when we deem it appropriate, but we undertake to apply the rates indicated on the website at the time the order is placed. We inform you that in the event of an error in the prices shown, manifestly derisory (extremely low price), regardless of the reason (computer virus or manual or technical error), the order will be cancelled even if it has been validated by us and we will let you know as soon as possible. If you wish, you will be able to place a new order with the corrected and exact price. Clause 4 – Ordering and payment of the products– 4.1 Placing the order
The customer places the order after completing the following 5 steps

Step 1: the customer selects the chosen products and adds them to the shopping cart after having specified the desired color. The shopping cart on the right side of the screen allows the customer to view the selected products as well as the number of items chosen.

Step 2: The customer checks the contents of the shopping cart by clicking on the “checkout” option and accessing the order summary. The total amount (including taxes) of the order, which includes both the price due for the products and the shipping costs, is indicated in the order summary.

Step 3: once the order has been verified and, if necessary, modified, the customer must validate the shopping cart to finalize the order and click again on the “process order” option. If the customer has a promotional code, for exclusive use by the best customers, he/she must enter it in the place provided for this purpose in order to benefit from it.

Step 4: Registration of the customer’s delivery and billing information

All fields must be completed in order to place the order. Please note that, unless the customer indicates otherwise, the billing address will automatically be the same as the delivery address. If the customer has already placed other orders on the website, he/she has a customer account. In this case, he/she will have to identify himself/herself only with his/her e-mail address and password. The customer must verify all the information provided and click on “validate” to continue with the order.

Step 5: Registration of bank details

The customer will be redirected to the secure payment screen of the EXPLOTACIONES LAVIBO S.L. partner as specified in clause 4.3 below. Payment is made online only by credit card or Paypal. The customer must enter the credit card number, expiration date and the 3 numbers of the visual cryptogram on the back of the card. If the payment is accepted, the customer will be redirected to an order confirmation screen on the website. If the information provided is incorrect, the customer has up to 3 attempts to re-enter the bank details. At the third unsuccessful attempt, the customer will be redirected to the website where he/she will be informed that the payment has been rejected. The customer may then contact NÉMESIS customer service to find out the reasons for the rejection and to find a solution in order to finalize the order. – 4.2 Confirmation of the order
Once the customer’s payment has been accepted, the customer will receive an order confirmation email summarizing all the items ordered, the billing and shipping address and the delivery date. The validation of the order by the customer and its confirmation sent to the customer by email by EXPLOTACIONES LAVIBO S.L. on behalf of Némesis after accepting the payment will be considered as a contract of sale between the parties and acceptance of the C.G.V. The customer who has placed an order may print the invoice through the website in the section reserved for this purpose by selecting the option “order tracking”. S EXPLOTACIONES LAVIBO S.L. reserves the right not to validate an order in the following cases:. abnormal or abusive claims,. abnormal orders in relation to the quantities ordered,. abnormal or abusive exchanges and returns,. existing litigation with the customer Némesis’s customer service is at the customer’s disposal for any questions concerning the order. This service can be contacted by e-mail: nemesismadridinfo@gmail.com– 4.3 Payment
Payment is made online by credit card (debit, Visa, Mastercard) or by Paypal when the customer validates the order. The request for authorization of the card payment is made at the time of validation of the order on the website, except in cases of unavailability of the servers. EXPLOTACIONES LAVIBO S.L. reserves the right to request a payment authorization if the first one could not be made because of server unavailability. In case of late payment, address error or any other problem in the customer’s account, EXPLOTACIONES LAVIBO S.L. reserves the right to block the customer’s order until the problem is resolved. In case of fraudulent use of the card on our website, we recommend that you contact our customer service through nemesismadridinfo@gmail.com. EXPLOTACIONES LAVIBO S.L. makes every effort to ensure the confidentiality and security of bank details transferred on the website. The website has a secure online payment system that allows encryption of bank details. Payment information is transferred in accordance with the highest security standards.

– 4.4 Order archiving
The order confirmation is stored in the records of EXPLOTACIONES LAVIBO S.L. U on a reliable and durable medium. The customer agrees that the order confirmation is considered as a proof of the contractual relations carried out between the parties. Clause 5 – Delivery

EXPLOTACIONES LAVIBO S.L. will deliver the orders together with a delivery form within a maximum of 10-15 working days for deliveries within the Spanish territory (handmade on demand items) , and 30 working days in the other countries. This period starts the day after the payment of the order. Orders placed on the website from Monday to Friday before 1 p.m. will be processed on the same day; after 1 p.m., they will be processed the following day. Orders placed on Fridays after 1 p.m., Saturdays and Sundays will be processed the following Monday; please note that if an order is placed on a public holiday, it will be processed the following day. In case of non-compliance with the delivery time, not justified by a case of force majeure, the customer may request the termination of the sale and obtain a refund of the amount paid in the sale within a maximum period of 30 days. For orders outside the Spanish territory and when the exported package arrives at its destination, the consignee shall be responsible for the taxes and customs duties applicable in the country of destination. The local authorities can provide more detailed information in this regard. Clause 6 – Receipt of the order – Complaints – Returns
The customer must verify the conformity of the products received in execution of the order at the time of delivery of the order. Any anomaly concerning the delivery related to:

. damaged packages,

. damaged products,

. products that do not correspond to the order,must be notified within the legal deadlines after receipt of the order.

Such notification will be transferred to Némesis’s customer service either by e-mail to nemesismadridinfo@gmail.com

After this period and except in the case of hidden defects, EXPLOTACIONES LAVIBO S.L. will not accept any type of claim and the products will be considered to be in conformity. To return any product not in conformity with your order, the customer must respect the following procedure:. the customer must enclose with the package the return form issued by the customer service where the return number attributed appears. The products must be sent in their original packaging or in packaging that protects the product from damage, with their labels and accessories, if any, so that they can be remarketed, to the following address: EXPLOTACIONES LAVIBO S.L.

Calle Pelayo 9 1B Madrid (28004)

The risks and costs of return are borne exclusively by the customer.Once the non-conformity has been established, EXPLOTACIONES LAVIBO S.L. will offer the customer a refund of the price of the order (price of the products and shipping costs) and the cost of returning the non-conforming product, at the latest within 30 days from the date of sending the notification of the confirmation of the non-conformity by the customer service department of the website. In case of refund, EXPLOTACIONES LAVIBO S.L. will guarantee the reimbursement of the totality of the conforming products, as well as the shipping costs, with the exception of taxes and customs duties paid by the customer at the time of delivery. Cash on delivery returns are not accepted. Clause 7 – Right of withdrawal
The customer has a period of 14 days from the date of receipt of the order to return the products ordered without justification or penalty. To carry out any return within the framework of the right of withdrawal, the following procedure must be strictly observed:The customer must enclose with the package the return form issued by the customer service department showing the return number attributed. The products must be sent in their original packaging and with their labels and accessories, if any, in impeccable condition to the following postal address: EXPLOTACIONES LAVIBO S.L. Calle Pelayo 9, 1B, 28004 Madrid, Spain. The risks and expenses of the return shall be borne exclusively by the customer. Without prejudice to the provisions of these conditions, EXPLOTACIONES LAVIBO S.L. will refund the amount (including taxes) of the order to the customer (product price) excluding the cost of return. This amount will be deposited in the customer’s bank account within 30 days after EXPLOTACIONES LAVIBO S.L. has received the products. Clause 8 –

We have updated our privacy policy based on the changes required by the European legislation in the General Data Protection Regulation applicable as of May 25, 2018. Below you will find all the details of the new policy you need to know. Briefly, these updates have been made to make everything easier for you, and the information transparent and simple.  If after reading it you have any questions, please write at nemesismadridinfo@gmail.com

Who collects your data?  

EXPLOTACIONES LAVIBO S.L., a company domiciled in Las Palmas de Gran Canaria, Avenida de Tenerife 8, L33, - B35522358 - owner of the website located under the domain name www.nemesismadridshop.com.  The present Privacy Policy is only applicable to the Website, understanding as such all the pages and subpages included on it, declining Némesis Madrid any responsibility on the different privacy and personal data protection policies that may contain the web pages that may be accessed through the hyperlinks located in this website and not directly managed by Némesis Madrid.  This policy has been configured in strict compliance with the European regulations from 25/05/18 on the protection of personal data.

   What personal data do we keep?

  Data that you have provided to us. Personal data includes information such as email, home addresses, cell phone, user names, personal preferences and purchasing habits, user-generated content and other information. It may also include numeric identifiers such as the IP address of your computer, the MAC address of your mobile device or information obtained through cookies.

   Purpose of having data  

We use your data to carry out the sales and shipping service and to send you push notifications, with information such as the status of your order or updates about it. Also, to send you information and newsletters about products and services of our brands, as well as offers and promotions.   

What rights do you have?  

Right to information: You have the right to receive transparent and easy-to-understand information about how we use your personal data.

  Right of access: You have the right to confirmation of whether or not your data is being processed.   

Right of rectification: You have the right to have your personal data rectified when it is inaccurate or no longer valid or to have it completed when it is incomplete.   

Right to erasure: Also known as the right to be forgotten. In certain cases, you have the right to have your personal information deleted. Although we may have legal or legitimate reasons to keep it.

  Right to opt-out of direct marketing: You may unsubscribe from our direct marketing communications at any time.

Right to data portability: You have the right to receive the personal data you have provided to us in a structured, machine-readable format. You may then request the transfer of this data when the processing is based on consent.

Right to disable cookies.  

For any request for modification or deletion, please contact us at nemesismadridinfo@gmail.com

How long do we keep data?

 We will retain your data as long as necessary for the activity for which we originally collected your data.
Clause 9 – Cookies
EXPLOTACIONES LAVIBO S.L. uses cookies to process the customer’s order, to better understand the customer’s needs and to be able to personalize the services provided on the website. The cookie is a computer file that is stored on the hard disk of the customer’s microcomputer and is intended to record the use made by the customer of the website. The cookies memorize the time of the customer’s visit to the website, his identity and the contents of the shopping cart. Once you leave the site, this information is stored for 30 days before it is permanently deleted. The customer can oppose the storage of cookies in the configuration options of the web browser. In this case, he/she will lose the option to personalize the service provided on the website.

Clause 10 – Limitation of liability

Placing an order via a website implies knowledge and acceptance of the procedures in force on the Internet, particularly with regard to technical performance, response time, connection, questionnaires or transfer of information, the risks of interruption and contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet. EXPLOTACIONES LAVIBO S.L will not be held responsible for any damage, direct or indirect, as a result of misuse or an incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, so that the connection to the website is the full responsibility of the customer. Clause 11 – Force majeure
EXPLOTACIONES LAVIBO S.L. will not be held responsible for the total or partial non-fulfillment of its obligations under the order placed by the customer, if such non-fulfillment is the result of an event constituting a case of force majeure as defined in positive law. In this case, the customer service will inform the customer that such an event has occurred within 3 full days of the occurrence by e-mail. After a period of one month and if the event constituting a case of force majeure persists, the order will be cancelled in EXPLOTACIONES LAVIBO S.L., within a maximum period of 30 days, will proceed to reimburse the credit card used when the order was placed. Clause 12 – Applicable law
If any of the terms of these G.C.V.C. are found to be null and void, illegal or unenforceable by a court decision, the remaining provisions of the G.C.V.C. shall remain in force. The G.C.V.C. shall be enforced in accordance with Spanish law. In the event of a dispute, the customer must, in the first instance, contact EXPLOTACIONES LAVIBO S.L. to find an amicable solution and, in the absence of an agreement, must refer the matter to the ordinary courts of law which shall be the sole competent jurisdiction.

FIND YOUR NÉMESIS