This section provides information of the conditions and terms of access to, and the use of this web site that should be known by the user. General information of NybiloShop.com for the purposes established in the Spanish Law 34/ 2002 of Society service and e-commerce.
These Terms may be modified. It is your responsibility to read them regularly, as conditions prevailing at the time of use of the website are the ones applicable.
NybiloShop.com is a website operated by Alf Washington S.L. The general conditions of use of services offered in the URL NybiloShop.com are subscribed by Alf Washington S.L.
Alf Washington S.L. holds the URL, and the address is in C / Passeig Can Sagrera s/n Ship A9, 08960 Sant Just Desvern, Barcelona, Spain with VAT number ESB63314504.
Alf Washington S.L. is a business entity whose main activity is the wholesale and retail (through NybiloShop.com) of leather goods.
Conditions of use and access to our website
Access to the website NybiloShop.com is free, subject to recruitment services that may exist and which are governed by particular conditions of the website.
Access to NybiloShop.com website does not imply any obligation or warranty for the users.
Alf Washington S.L. reserves the right to suspend or terminate access, and modify, limit or cancel any or all of the terms and conditions applicable to the website.
Alf Washington S.L. shall not be liable for any failure, malfunction, damage, deleting data or software that occur in equipment or systems of the users as a direct or indirect access or attempt to access our website accordingly.
The entirety of this website, texts, images, marks, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents are protected by Intellectual and Industrial Property Laws.
Thus, they belong to Alf Washington S.L., and, where appropriate, to third parties, all rights of intellectual property of the website and its content. Any use of the site or its contents shall be of exclusively particular character. It is reserved exclusively to Alf Washington S.L. Use involving copying, reproduction, distribution, transformation, public communication or any other similar action, all or part of the content of the website, hence, no user can take these actions without the prior written permission by Alf Washington S.L., or by the third party owner of the rights of intellectual property.
The use, in part or in full, of the content and promotions is prohibited to promote, sell, distribute, advertise and share information without the permission of Alf Washington S.L. This includes that it is not allowed to forward advertising or information made available to users regardless of whether the use of these is free or not, without the permission of Alf Washington S.L.
Brand or trade names cannot be used, as well as any other identifying image that is subject to intellectual or industrial property, without the prior express written consent of its owner.
Alf S. Washington S.L. makes every effort to avoid any errors in the content on the website NybiloShop.com, but does not warrant or assume any responsibility of potential errors in the content of the website.
The user’s access to web content will be at the own risk of the user having no effect on Alf Washington S.L. any consequence resulting from access directly or indirectly NybiloShop.com.
Alf Washington S.L. will not be responsible for any viruses or other computer programs that could damage the systems or the hardware of the users from accessing our website or websites which are linking to NybiloShop.com.
Users receiving unsolicited messages to a plurality of persons, may notify Alf Washington S.L., by sending a message to the email account email@example.com
Access to our website is permitted NybiloShop.com temporarily, Alf Washington S.L. reserves the right to withdraw or amend the service we offer without notice (see below). Alf Washington S.L. excludes all liability for damages of any nature arising from eventually interruption or unavailability of access to the website at any time.
Alf Washington S.L. reserves the right to restrict access to certain users or NybiloShop.com pages completely.
The user is responsible to do what is necessary to access our web site and NybiloShop.com and to ensure that all users who access our site through the internet connection of the user are aware of, and accomplish with these terms.
Rights of intellectual property
Alf Washington S.L. is the owner of all intellectual property rights on our website and of the material published on it. The creative material is protected by the laws of copyright and intellectual property rights and treaties around the world. All rights are reserved.
Users are obliged to respect the intellectual property rights of Alf Washington S.L. and of any other third party. The use or the right to access the Website do not imply the granting of any rights to trademarks, trade names or other distinguishing feature to be used in the same.
The user may download the webpage to the computer whenever for private use, not for commercial purposes, so you cannot exploit, reproduce, distribute, modify, display, promote, transfer, alter or use the content of web with public or commercial purposes.
Furthermore, the contents on NybiloShop.com are copyrighted by Alf Washington S.L., and are not being transferred to the user, according to what is established in this Legal Document, no rights of exploitation or other that may exist, a part from what is strictly necessary for the proper use of the website.
You may not modify the paper or digital copies that have been printed or downloaded from our website, and you may not use any illustrations, photographs, video, streaming audio, graphics or text.
You are not permitted to use any part of the materials on our site for commercial purposes without the authorization of Alf Washington S.L., or our licensors.
Updates to our Web site
Our goal is to continuously update our website, and we may change the content at any time. Hence, any content can be updated at any time.
We provide content from our website without any warranty as to its accuracy. To the extent permitted by law, we and third parties connected to us, exclude any liability for damages of any nature arising from:
All warranties and other terms that might be implied by statute, common law or the law of equity.
Any responsibility for any direct, indirect or consequential loss or damage incurred by any user related to our site or in connection with the use, inability to use or to the results of use of our site, any websites linked to it and no material will be published in it , including, without limitation any responsibility for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
time wasted, and
for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or, even if foreseeable, provided that this condition shall not prevent claims for loss or damage to tangible property or any other claims for direct financial loss that are not excluded by any of the categories listed above.
This does not affect our liability for death or personal injury arising from our negligence, nor does it affect our liability for fraudulent or misleading statements with respect to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Operations on our website
Supply agreements of our products through our website NybiloShop.com are governed by our terms and conditions of the offer.
The user agrees to the exclusive use of the website and all its content for lawful purposes, not to violate the law and/or may be detrimental to the legitimate rights of Alf Washington S.L. or any third party, and/or may cause any damage or injury directly or indirectly.
The user undertakes not to use our website to transmit, distribute or make available to third parties any information, data, content, messages, graphics, sound and/or images, photographs, recordings, software and, in general, the users cannot use our website for the purpose of:
• any manner that violates any local, national or international law or regulation.
• any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect.
• harming, or attempting to harm minors.
• send, receive, upload, download, use or reuse any content that does not comply with our content standards set (see below).
• transmit, or attempt to send any unsolicited or unauthorized advertising or promotional material or any other similar action (spam).
• transmit data, send or upload any material that contains viruses, spyware or any other harmful programs or similar code designed to adversely affect the operation of any computer software or hardware.
The user also agrees to:
- not access without authority, interfere with, damage or disrupt:
• any part of our website
• any equipment or network on which our website is hosted
• any software on our site
• any equipment or network or software owned or used by third parties.
Upload content on our site
If the user has permission to upload content to our website, or to contact other users of our website, the user must comply with our content standards. These rules apply to any content (contributions), and to all associated interactive services.
The standards apply to each part of any contribution as well as a whole.
- Be accurate (when they represent information and data)
- Be genuine (if stating opinions).
- Comply with legislation applicable in Spain and in any country in which they are intended.
Contributions must not:
- Contain any material which is defamatory of any person
- Contain any material which is obscene, offensive or indecent
- Promote sexually explicit material
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe copyright, the database or business of any other person.
- Failure to comply with any legal obligation to a third party, such as a contractual duty or confidentiality.
- Promote any illegal activity.
- Be threatening, abuse or invade another person's privacy, or cause annoyance, inconvenience or needless worry.
- Harass, upset, embarrass, alarm or annoy another person.
- Be used to impersonate any person, or to falsify a person’s identity
- Give the impression of coming from us, if this is not the case.
- Defend, promote or assist any illegal act such as (for example) infringement of copyright or bad computer use
Standards governing the content uploaded to our site by the user
Any content that is uploaded to our site will be considered non-confidential and non-proprietary, and Alf Washington S.L. has the right to use, copy, distribute and disclose to third parties any material for any purpose. We also have the right to disclose your identity to any third party who can prove that any material that a particular user has published or uploaded on our website constitutes a violation of their intellectual property rights, or their right to privacy.
We are not liable to third parties, for the content or accuracy of any materials published by any user of our website.
We reserve the right to remove any content or post you make on our site if, in our opinion, such material does not comply with the content standards set out above.
Links to our website
The users and, in general, those who intend to establish a hyperlink between their web page and the web NybiloShop.com (hereinafter, the "hyperlink ") must meet the following conditions, always prior authorization:
• The hyperlink will only allow access to the homepage of the site or to a specific point or page authorized by Alf Washington S.L.
• A frame on the pages of the website will not be created.
• No inaccurate or false statements or incorrect information about Alf Washington S.L. and NybiloShop.com can be made, nor about the directors, employees, the web site pages and the products and/or services.
• Not to declare or to be given to understand that Alf Washington S.L. and NybiloShop.com have authorized the hyperlink or has supervised or assumed in any way the services offered, or made available at the web page where the hyperlink is established;
• except for those signs that are part of the hyperlink, the web page where the hyperlink is established will not contain any trademark, trade name, label , name, logo, slogan or other distinctive signs belonging to Alf Washington S.L.
• The web page in which the hyperlink is implemented will not contain information or illegal content, contrary to morality and decency generally accepted, nor should it contain content that infringe the rights of third parties.
• The implementation of the hyperlink does not imply in any case the existence of relation between Alf Washington S.L. and the owner of the website on which it is implemented, nor the acceptance and approval by Alf Washington S.L. of its content or services.
• The user who implements a link to the website of NybiloShop.com must demonstrate that the web site where the hyperlink is implemented is of property of that user.
Alf Washington S.L. reserves the right to withdraw the permission of the hyperlink without prior notice.
The implementation of the hyperlink does not imply in any case the existence of any relation between Alf Washington S.L. and the owner of the website on which it is implemented, nor the acceptance and approval by Alf Washington S.L. of its content or services.
Links to other website
Alf Washington S.L does not allow implementing links on NybiloShop.com to other web sites that violate the law and/or may be detrimental to the legitimate rights of any third party and/or that may cause any damage directly or indirectly.
In the case of that our site contains links to other web sites and third party materials, for lawful purposes and not prohibited, these links are provided for informational purposes only. Alf Washington S.L. has no control over the content of these sites or web pages, and accepts no responsibility for them or for any damage that may result from its use.
Law and Jurisdiction
The agreements for the purchase of the products through our website NybiloShop.com and any dispute or claim arising out of such products (including disputes or claims outside the agreement) are under the Spanish Law. Any controversy or claim arising out of or in connection with such agreement or his generation (including disputes and claims outside the agreement) is subject to the jurisdiction of the courts of Spain.
- If you have any questions regarding the content that appears on this site, please contact firstname.lastname@example.org
- NybiloShop.com - Newsletter with offers, promotions, trends and information. You can always unsubscribe if you don’t want more information from us.
Alf Washington S.L. wishes to inform users of their website, the policy pursued in the treatment and protection of personal data of those who voluntarily use the registration form, or email contacts to order or contact NybiloShop.com, any of the services offered on the web, which require the communication of personal data to NybiloShop.com.
Identification of the responsible of the file: Alf Washington S.L., VAT number ESB63314504, registered at the Commercial Registry of Barcelona, Tomo 36748, Folio 112, Hoja 285118, Inscription 1, informs the user of the website about the existence of several automated personal data files of which Alf Washington S.L. is responsible. Alf Washington is located in C/ Passeig Can Sagrera s/n Ship A9, 08960 Sant Just Desvern, Barcelona. Personal data provided to NybiloShop.com by the user and/or client is collected and stored.
The purpose of the personal data files: The communication of personal data by the user through NybiloShop.com can only take place when the users voluntarily use the services in order to contact Alf Washington S.L., or through email contact, since in these cases the data processing is inevitable and implicit and necessary for the contracting or contact process. In these cases, and those described in the following paragraph, the entity informs the customer and/or user that the data processing is performed for the following purposes: Management of all the procedures related to the services offered in the web, to allow operations/purchases at NybiloShop.com, as well as with the purpose of sending advertising, promotions or news to the users and the clients that opted in for this kind of information (the users that have voluntarily chosen to receive the information). Alf Washington S.L also uses the data to answer any queries received and for other communication preserving historical commercial relations.
Identification of the recipients of those Alf Washington S.L. intends carrying out assignments or data access for third parties: Alf Washington S.L. is only sharing personal data with third parties in order to meet obligations to the Spanish Public Administration and Legal Organizations in cases where it is required in accordance with the legislation in force. This is stated in Article 11.2.c. of Law 15/ 99 on the protection of personal data (the Act).
Exercise of rights of access, opposition, rectification and cancellation of data: Alf Washington S.L. informs the user of the possibility of exercising rights of access, rectification, cancellation and opposition by writing to Alf Washington S.L. at the following address: C / Passeig Can Sagrera s/n Ship A9, 08960 Sant Just Desvern, Barcelona, including the following personal data: Name, photocopy of ID card or equivalent. In the case of acting as a legal representative, the person making the request must provide ID or equivalent of the representative and the represented person, in addition to documentation confirming that the representation is authorised.
The application should also specify the request and the address for receiving correspondence, date and signature.
Security measures taken in relation to the processing of personal data: Alf Washington S.L. informs the user that, in accordance with the provisions of the Data Protection Act and the Regulation on Security Measures, has adopted the necessary technical and organisational measures to ensure the security of personal data and prevent alteration, loss, or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. Also Alf Washington S.L. guarantees the user, customer, supplier or third party overall compliance with the duty of professional secrecy regarding the personal data of the users and the duty to protect them.
A cookie is a small text file that a Web site places on your PC, phone or any other device with information about your navigation on the website. Cookies are necessary to facilitate the navigation and make it more comfortable, and do not damage your computer.
Although, in this policy document the generally used term cookies is used since it is the primary method of storage of information, the area of "local storage" in the browser can be used for the same purposes as cookies. In this sense, all the information in this section also applies to "local storage".
What cookies are used on this web site?
If you are registered with us, your computer will store an identifying cookie. This will save time since every time you revisit NybiloShop.com, your email address is remembered.
The information collected through cookies also allows us to improve the website, using estimates of quantities and usage patterns, adapting the website to the individual interests of the users, to improve search speed, etc.
The configuration of the browser of each user can be changed to prevent cookies being stored on the computer without the explicit permission by the user.
Important: We do not collect any personal information about our users, such as your address, password or data from your credit card in the cookies we use.
For more information:
You can always delete cookies from your computer. This can be done as follows:
Windows Internet Explorer:
Google Crome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Alf Washington S.L. can withdraw a special promotion on their website NybiloShop.com without prior notice. Each promotion is valid during the period indicated on the website, in social media, blogs, emails, or on other advertising material (for example banners). The user has no right to use a discount code to get a gift voucher after the end of the promotional period indicated. If the value of the gift voucher is monetary, the value of the minimum in order to use the discount code, should always be twice the value of the gift voucher.
TERMS AND CONDITIONS
This page (together with the documents referred to herein) refers to the terms and conditions regarding the products (Products) we offer on our website NybiloShop.com (our site/web page).
1. INFORMATION ABOUT NYBILOSHOP.COM
1.1 Our web site is NybiloShop.com. We are Alf Washington S.L., a company registered in Spain with VAT number ESB63314504. The social and legal address is in C/ Passeig Can Sagrera s/n Ship A9, 08960 Sant Just Desvern, Barcelona.
2. AVAILABILITY OF SERVICE
2.1 Orders are accepted in within Spain, except from Canary Islands, Ceuta and Melilla.
By placing an order through our web site, you warrant that:
(A) You have legal capacity to do so
(B) That you are at least 18 years old
4. HOW THE AGREEMENT IS FORMALISED BETWEEN US
4.1 After placing an order, the user receives an email confirming the order has been received. All the orders depend on our approval and are confirmed through an email (acceptance of the order/order confirmation). The agreement between the user and us (Contract) will be formalised when we send this order acceptance email.
4.2 The Contract is related only to those products that have been included in the order Acceptance/confirmation email. If we do not have stock of a specific product at the moment of the order, we will inform the user.
5. CANCELLATION RIGHTS
5.1 The User has legal right to cancel for any reason, and receive a full refund except in cases of customised products (5.4). Once the order has been delivered it can be cancelled.
5.2 To cancel an order, the user must fill out our return form which can be found under "My Account" and "Order History and details" on our web site. The user should then click on the order reference. At the bottom of the page, the user must tick the box to indicate the products to be returned and write the reason for the return. The user must also print the completed form and return the products together with the printed copy as soon as possible and, at the user’s expense. The user has the legal obligation to care for the product whilst in the possession of the user and the product must be returned in the same conditions that it was received.
5.3. A full refund of the price paid for the products in accordance with the refund policy (set out in clause 9) is received. The right to cancel the agreement begins from the date of the order acceptance (when the agreement is formed between us). If the products have been delivered, the cancellation can be made at any time within 14 working days from the day after receiving the products.
5.4 The User has no right to cancel a contract for the supply of any tailor made product, customized, designed and produced according to the request and needs of a specific user.
6. AVAILABILITY AND DELIVERY
The order will be fulfilled the day (and date) of delivery established in the Order confirmation email. If there is no specified delivery date, the order will be delivered within 3 – 5 working days from the date of the Order confirmation email, unless there are exceptional circumstances.
7. RISK AND PROPERTY
7.1 The products will be the responsibility of the consumer from the moment of delivery.
7.2 Ownership of the products will only pass on to the user once full payment of all amounts due regarding the Products is done, excluding the shipping fee.
8. PRICE AND PAYMENT
8.1 The price of the Products and the shipping charges applicable will be the ones stated on our web site, except in case of an error.
8.2 Product prices listed on our site include VAT. However, if VAT changes between the date of your order and the delivery date, VAT will be adjusted, unless you've already paid for your products in full before the change in VAT in force.
8.3 Product prices and shipping charges are subject to change at any time, but changes will not affect orders that have received an Acceptance of Order.
8.4 If our website shows the wrong price, and the price error is obvious and could have been recognized by consumers as a mistake, we do not have to deliver the products at that (lower) price.
9. RETURN POLICY
9.1 If you return a product:
(A) If the user has cancelled the agreement between us within a period of 14 days (see paragraphs 5.1 and 5.2), after having received an order, the refund will be processed as soon as possible, at the latest, within 30 days from the date on which the user informed of the cancellation through our website. In this case, the product price will be refunded in full. However, the user will be responsible for the cost of returning the item to Alf Washington S.L. / NybiloShop.com. The item must be returned in perfect conditions, with the bag/original packaging as well as with the original label.
(B) For any other reason (e.g. because the user has notified according to clause 15, that the user does not agree with a change in the terms and conditions, or because a user considers the product is defective), we will examine the returned product and notify the user of the refund via email within a reasonable time. We will refund the cost of a defective product in its entirety as well as the reasonable costs related to returning the item.
10. INCIDENTS BEYOND OUR CONTROL
10.1 We will not be responsible for any failure or delay in delivery of, or of any of our obligations under these terms and conditions if those are caused by events beyond our control (incident due to Force Majeure).
10.2 A Force Majeure incident includes incidents outside our control and includes in particular the following:
(A) Strikes, similar acts or other protest actions
(B) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war
(C) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or by other natural resources
(D) Impossibility of the use of railways, boats, aircraft, motor transport or other means of public or private transport
(E) Impossibility of the use of public or private telecommunication networks
(F) The laws, decrees, acts, legislation, regulations or restrictions of any government
(G) Pandemic/epidemic reasons.
10.3 Any obligation of ours is deemed to be suspended for the period that the Force Majeure incident lasts, and we will have an extended time to accomplish with our duties during this period.
The lack of demand by us of strict compliance by the user of any of the obligations assumed by the user in respect of an agreement or of these conditions or lack of exercise by us of any right or remedy which we are entitled to under the agreement or terms, will not constitute waiver or restriction in relation to those rights or remedies nor that users are exempt from compliance with such obligations.
No waiver by us of any right or certain activities shall include a waiver of other rights or remedies of the agreement or of the terms and conditions.
No waiver by us of any of these terms, conditions and the rights or remedies under the agreement shall be effective unless it is expressly stated to be a waiver and this is formalised and communicated to the user in writing.
12. PARTIAL DISABILITY
When, due to justice or for any other reason, any clause of this document becomes invalid or ineffective, in whole or in part, such ineffectiveness or invalidity shall not extend to the rest of the terms and clauses set in the terms and conditions. The rest of the clauses shall remain in force and may be exercised in any jurisdiction. The parties agree to replace any clause that becomes invalid.
13. THE WHOLE OF THE AGREEMENT
These terms and conditions and any document expressly referred to in these, are forming the whole agreement between us regarding the content of the agreement.
14. RIGHT TO MODIFY THE TERMS AND CONDITIONS
14.1 We reserve the right to revise and amend these terms and conditions when necessary.
14.2 Users are subject to the policies and terms and conditions in force at the time products are ordered from us, unless any change to those policies or these terms and conditions is required to comply with the law or governmental authority (in that case they only apply to orders previously placed), or if we will notify a change of those policies or these terms and conditions before receiving the acceptance of the order (in which case we are entitled to assume that the user has accepted the change in the terms and conditions, if the user has not informed us otherwise within seven working days of receipt of the products).
15 WRITTEN COMMUNICATIONS
The laws require that part of the information or communication we send to the users should be in writing. By using this web site, the user agrees to that most of such communications are electronic. We will contact the user via email or we will provide information by posting notices on the web site. For contractual purposes, the user consents to the electronic communication and acknowledges that all agreements, notices, information and other communications that we provide the user with, electronically comply with legal requirements by being in writing. This condition does not affect the legal rights of the user.
16 INFORMATION ABOUT PRODUCTS AND SERVICES
The photographs, graphics or graphics icons and videos related to the products and services as well as trade names, trademarks or distinctive signs of any kind, on the website are intended to provide most information needed, however, the user has to bear in mind that these are for guidance only and therefore lack of exhaustiveness.
Without prejudice to the applicable legislation, the liability of NybiloShop.com in relation to the acquired products and the sale services through the Web Site are limited to price of acquisition of such products or services.
NybiloShop.com does not assume any responsibility, for example in the case of, but not limited to:
17.1 In the use that the users may make of the Web Site materials or websites linking in, whether prohibited or permitted, in violation of intellectual property rights and/or industrial content of the website or of third parties.
17.2 Potential damages caused to the users as a result of normal or abnormal functioning of the search tools, organisation or location of the content and/or access to the website and, in general, the errors or problems arising due to the development or implementation of any technical elements that the website or a program provide the member or user with.
17.3 From the content on those pages that the members or users can access to through links on the website, whether authorized or not.
17.4 Of the acts or omissions of third parties, regardless of whether these third parties may be related to NybiloShop.com through any contract.
17.5 The access of minors to the content on the website, being a responsibility of their parents or guardians to exercise proper control over the activity of children or children in their care, or to install any of the tools to control the use of internet by minors in order to prevent access to material or content not suitable for minors, and for them sending personal data without prior permission of their parents or guardians.
17.5 Due to errors or delays in accessing the website or any anomalies that may arise when these incidents are due to internet problems, fortuitous incidents or Force Majeure and other unforeseen contingency beyond the good faith of NybiloShop.com.
17.6 Failures or incidents that may occur in communications, deletion or incomplete transmissions, meaning that there is no guarantee that the website services are constantly operational.
17.7 The errors or damages generated on the website use of inefficient service and bad faith by the member or user.
17.8 The inoperability or problems with the email address given by the member for sending of order acceptance.
NybiloShop.com promises to solve the problems that may arise and provide all necessary support to the user to get a quick and satisfactory resolution of the issues that may arise on the website.
NybiloShop.com has the right to, during defined time intervals, run promotional campaigns to encourage the registration of new members to use its services. NybiloShop.com reserves the right to modify the conditions of any promotions, extend them, always communicating this properly. NybiloShop.com also reserves the right to exclude any of the participants of a promotion in the event of any abnormalities, abuse or unethical behaviour.
18. THIRD PARTY RIGHTS
A person who is not part of these terms and conditions, or is not under an agreement or contract, has no right and/or cannot take any action under, or in connection with, these terms and conditions.