PURCHASING CONDITIONS

Along with the Legal Notice and the Privacy Policy, these Purchasing Conditions govern any customer’s purchase of NIVIUK’s services and products.

The present Purchasing Conditions have been developed in accordance with the terms of the following Spanish laws: Law nº34/2.002, on Services of the Information Society and Electronic Commerce; Law nº7/1.998, on General Contracting Conditions; Royal Legislative Decree nº1/2.007, approving the Definitive Text of the General Law on the Defence of the Consumers and Users and other complementary laws; and the Law nº7/1.996, on the Ordination of the Retail Trade.

The Customer order validation implies express knowledge and acceptance of these Purchasing Conditions as a part of the purchasing contract. Unless proven otherwise, NIVIUK’s registered data shall be deemed to prove the whole transactions between NIVIUK and its Customers.

1. GENERAL PRODUCT FEATURES

NIVIUK’s web pages place its sails, chairs and other paragliding and paramotor accessories at the Customers’ disposal. The scope and the features of the contracted performances are contained in the present Purchasing Conditions, in the Website and in the order confirmation and payment e-mails sent to the Customers by NIVIUK.

2. ORDERING PROCESS

To place an order it is necessary to access the Website and register as a Customer, filling out and submitting each electronic form appearing on-screen and following its instructions. After registering and in order to purchase a product, the Customer must add it to the cart following the on-screen instructions, filling out and validating the related form which will be supplied to this effect.

During the registration process the Customer will have the chance to correct errors on his/her data. However, after sending the form, the Customer may be able to correct errors accessing to his/her Customer Account or sending an e-mail to info@niviuk.com.

The Customer order validation implies express knowledge and acceptance of these Purchasing Conditions as a part of the purchasing contract. Unless proven otherwise, NIVIUK’s registered data shall be deemed to prove the whole transactions between NIVIUK and its Customers.

Once the payment has been confirmed, the Customer will receive a payment confirmation e-mail and will be able to see and print a purchase receipt.

3. PRICE AND PAYMENT METHODS

The prices of the products and the taxes for any case will be the prices and taxes established in the Website for each product. All prices indicated within the Website do not contain any Value Added Tax (VAT). All taxes will be included once the user is registered with NIVIUK. The Customer will be able to pay with debit or credit card (Visa, Visa Electron, MasterCard and American Express).

The Customer will be redirected to a secure payment platform belonging to Banco Sabadell in order to provide his/her banking data.

4. DELIVERY TIME, FEATURES AND COSTS

All the Website orders are sent by courier delivery. The products will be sent to the address provided by the Customer when placing the order. We deliver throughout all the Spanish national territory (including the Canary Islands, Ceuta and Melilla) as well as all around the world (except North Korea, Cuba and Iran).

The Customer will be able to know the shipping rates at the time the order is confirmed depending on the sending address provided at the time of registration.

The shipping costs to send a product to the Canary Islands, Ceuta, Melilla and other places outside the European Customs Union do not include import duties, which will be paid in cash by the receiver when receiving the product.

The estimated delivery period is established in 30 natural days. If NIVIUK cannot deliver the purchased products during the indicated period, NIVIUK shall notify this circumstance to the Customer informing about the new delivery period. In these cases, only the individual Customers will have the chance to terminate the contract and request the reimbursement for the paid product price. In these events, NIVIUK will reimburse the paid amounts as quickly as possible using the same purchase payment method, 14 days after the Customers’ request at the latest.

In exceptional cases NIVIUK shall reserve the right to break down the order, sending the available products and keeping delivery of the non-available products in abeyance. In this case, the second delivery will be performed at no additional costs.

Shall the Customer notice any problem at the effective delivery time (damaged packaging, missing or damaged items), NIVIUK begs him/her to contact its Customer Care Service within the next 24 hours following the delivery sending an e-mail to info@niviuk.com or calling at +34 972 422 878.

5. PRODUCT UNAVAILABILITY

NIVIUK’s selection of offered products is valid while they are shown on the Website until reaching the stock limits.

Shall the purchased product not be available, NIVIUK will inform the Customer, who will be able to: a) request the reimbursement of the paid amounts in 14 days, or b) request a similar product without price increases.

In this case the Customer will be able to exercise his/her right of termination or withdrawal on the same terms that would apply for the initially required product, bearing the direct costs of the return.

6. RIGHT OF WITHDRAWAL

Individual Customers may withdraw from the present contract without alleging a just cause within the 14 natural days after the conclusion of the contract. In order to withdraw from the contract the Customer shall notify the decision to NIVIUK through an unequivocal statement (for example, a letter via mail, fax or email) returning the purchased products to NIVIUK. The Customer shall be able to use the withdrawal form at the end of these Purchasing Conditions, though its use is not mandatory.

Sending the withdrawal statement before the end of the above mentioned period shall suffice to meet the corresponding withdrawal deadline. NIVIUK will have 14 days after the withdrawal notice to return all the received money, charging the Customer with the direct costs for returning the product.

In order to correctly process the withdrawal the Customer shall return the product in its original packaging, sealed and in perfectly usable condition, with no depreciation value, within the set time limit.

The right of withdrawal shall not apply to contracts: a) related to the supply of goods made to the Customer's specifications or clearly personalized, or b) related to the supply of sealed goods not fit to be returned according to health or hygiene protection reasons when unsealed after delivery.

7. PRODUCT GUARANTEE

NIVIUK ensures that the commercialised products are in conformity with the contract requirements, being liable during two years for any lack of conformity at the time of the product delivery. To this extent the Customer shall inform NIVIUK about the noncompliance of the product within two months after becoming aware of it.

This warranty does not cover defects caused by negligence, knocks, improper use or handling according to using instructions provided by the manufacturer or by NIVIUK, and normal wear and tear. This warranty also does not cover the lack of maintenance as well as defects caused by maintenance performed by a NIVIUK’s non-authorized third party.

With regard to the specific nature of the product, it shall be presumed that the products comply with the present Purchasing Conditions unless proven otherwise by the Customer. In case of proven lack of conformity, the Customer shall be entitled to choose between requesting the repair or the replacement of the product, unless this requirement proves impossible or involves the use of means clearly out of proportion to the protected right. The repair and replacement of the product shall be carried out within 30 days.

The Costumer shall be entitled to choose between requesting a price reduction or the contract termination if he/she cannot demand neither repair nor replacement of the product or if these actions are not carried out within the above mentioned 30 days. Contract termination will not proceed in case of minor lack of conformity.

The price reduction will be proportional to the difference between the hypothetical product value at the time of a correct delivery and the value of the actually delivered product at the time of the deliver.

To inform about a lack of conformity or to request product repair or replacement NIVIUK begs the Customer to contact its Customer Care Service, sending an e-mail to info@niviuk.com or calling at +34 972 422 878. NIVIUK will inform the Customer about how to return the product.

8. REIMBURSEMENT OF THE PAID AMOUNTS

Shall the Customers be entitled to obtain the reimbursement of the paid amounts according to the precedent 5th, 6th and 7th Clauses, NIVIUK will reimburse them using the same payment method that was used for the related purchase.

NIVIUK will not reimburse any sum nor redeliver any goods before verifying the reception and the condition of the returned or replaced product. After verifying the correct condition of the returned product, NIVIUK will reimburse the amount within 14 days.

9. DATA PROTECTION

NIVIUK complies with the Spanish regulations on personal data protection. NIVIUK has implemented all the necessary technical and organizational measures in order to assure the safety and secrecy of the Customers’ personal data considering the technical state of the art, the specific nature of the data and the risks to which they are exposed to.

In compliance with the Spanish Organic Law nº15/1.999, 13th of December, on the Protection of Personal Data, NIVIUK informs that the personal data which will be collected according to this contract will be treated confidentially and stored in an automated file pertaining to AIR GAMES, S.L., in order to process and manage your order as well as to inform you about NIVIUK’s new products and offers.

If the Customer does not want to receive commercial information, he/she will be able to select the box reserved to this purpose in the data collection forms as well as contacting NIVIUK through email or written statement addressed to NIVIUK’s domicile.

The Customer expressly consents NIVIUK to assign his/her data only to the extent necessary to provide the contracted service.

The Customer is entitled to exercise his/her rights of access, rectification, cancellation and opposition through a written statement addressed to NIVIUK’s address or email direction containing his/her first name, surname/s and a copy of his/her ID card. Unless otherwise notified, we will assume that your data have not been changed. Do not forget to notify any change in your personal data.

10. GENERAL INFORMATION

NIVIUK will store the electronic form of the contract. It will not be accessible by the Customer through the Website but the Customer will be able to request a copy contacting NIVIUK’s Customer Care Service sending an e-mail to info@niviuk.com.

The contract and the documents related to product purchases will be able to be formalised in Spanish or English. In case of doubt or contradiction, the Spanish version will prevail over the other language versions.

11. CUSTOMER CARE SERVICE

The Customers shall be able to address their doubts, complaints or claims to NIVIUK via mail, e-mail or calling the telephone number appearing on the Website. NIVIUK undertakes to offer an answer as quickly as possible.

12. GOVERNING LAW AND JURISDICTION

The present Purchasing Conditions are governed by Spanish law. The parties agree to submit any dispute arising from the contract to the jurisdiction of the competent Courts of Girona (Spain) or to the jurisdiction of the Customer’s domicile Courts, if he/she could be considered consumer according to the Royal Legislative Decree nº1/2.007, approving the Definitive Text of the General Law on the Consumers and Users Defence and other complementary laws.

WITHDRAWAL FORM MODEL