CONDITIONS OF PURCHASE


These Conditions of Purchase together with the Legal Notice and Privacy Policy (collectively, the "Terms and Conditions") govern the sale and purchase of the services and products offered by Air Games SL (hereinafter "NIVIUK" or "We"/"Us") and its Clients (hereinafter "Client", “User” or "You") through the website (hereinafter, the "Website"). Only those who are of legal age may be users of the website. 

These conditions have been drawn up in accordance with the provisions of Directive (EU) 2011/83 of the European Parliament and of the Council of 25 October 2011 on consumer rights; Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the sale of goods and Spanish laws on distance selling and consumer rights.

The purchase system is subject to the laws of Spain. Therefore, the sales operations will be deemed to be carried out at the address of NIVIUK, at C/ del Ter, 6-D, 17165 La Cellera de Ter, Girona, Spain.

It is important that you read and understand each of the clauses of the NIVIUK Conditions of Purchase. If you do not agree with one or more of these clauses, you should not proceed with a purchase. Clients expressly imply knowledge and acceptance of these Conditions of Purchase as part of the conclusion of a sales contract. 

In the absence of proof to the contrary, the data provided by NIVIUK constitutes proof of all transactions between NIVIUK and its clients. 


1. ABOUT OUR PRODUCTS AND SERVICES

Through the website, NIVIUK offers the direct purchase of paragliding and paramotoring accessories, including clothing, merchandise, display items, spare parts and accessories. 

Through the NIVIUK website, the client can also order flying equipment repair or inspection services. The scope and characteristics of the services contracted are those set out in this Conditions of Purchase, on the website and in the order and payment confirmation emails sent by NIVIUK to the clients.

The characteristics, technical data and specifications of each product are described on its corresponding web page and in these Conditions of Purchase.

For the purchase of paragliders, harnesses and parachutes, the client must contact the nearest authorised NIVIUK dealer through the list that can be found at the following link: https://niviuk.com/en/dealers. 


2. ORDER PROCESSING

The checkout process is very intuitive but if at any point you encounter difficulties or receive an error message, please contact NIVIUK.

To place an order you must log on to the website and search for the items you wish to order. You can use the search box at the top right of each web page if you know what you are looking for. 

When you find a product you are interested in, click on the title or name of the item to see the corresponding web page and you will obtain more information. If you do not find what you are looking for on our website please contact us. Once located, you can select all the products you wish to purchase and click on the "Buy" button to add them to your shopping cart.

Once you have added an item to your shopping cart, you can continue browsing or go to the checkout. You can access the contents of your shopping cart at any time by clicking on the shopping cart icon at the top right corner of the page. When you complete your purchase and before proceeding to the checkout, you will have access to a summary of your cart, with a breakdown of the products you have chosen, their name, unit price, quantities and the total price. 

When you are ready to place your order, you must accept these Conditions of Purchase together with NIVIUK's privacy policy and proceed to register as a user. To do so, you must enter your details by filling in the form that will appear on the screen. During the registration process and after, by logging into your personal user account, you can correct input errors in your data. For the correction of errors after submitting the form you should contact us through our customer service channels. 

The fields in the form marked with an asterisk (*) are mandatory, the others are optional. Once you have registered, you will receive a confirmation email from NIVIUK.

Once you have registered, you must click on the "Checkout" button to proceed with the payment, at which point you will be redirected to the secure Redsys payment gateway to finalise your purchase. 

Once payment has been confirmed, you will receive an email confirming that the order has been placed and the delivery note with the list of products ordered. If you do not receive the confirmation email after placing an order, this may be due to a technical problem. Normally you will receive it after a few minutes. If there is any delay, please check your spam or junk mail in case it is there. If after 24 hours you still have not receive it, please contact us through our customer service channels.


3. PRICE AND PAYMENT METHOD

The valid prices and taxes of the products are those displayed on the website. 

According to Article 68 of Law 37/1992, of December 28, on Value Added Tax, the final price of the product will vary depending on the country of purchase, depending on the applicable tax rate.

You can pay by credit card, Visa or Mastercard. You will be redirected to a secure payment platform, where you can enter your bank details. 

NIVIUK does not offer the possibility of financing the purchase of any of its products. Offers, promotions and/or discount codes cannot be combined with each other. 

If you need more information about these terms please contact us through our customer service channels. 


4. SHIPPING INFORMATION. DELIVERY OPTIONS AND SCHEDULES

Orders placed via our website are shipped by courier. The products are shipped to the address indicated by the client when placing the order. We deliver throughout Spain - excluding the Canary Islands, Ceuta and Melilla - and internationally, within the European Customs Union. 

The transport costs are made known to the client at the time of confirming the order and depend on the delivery address indicated at the time of registration. 

The cost of transport is free on purchases over €50 (FIFTY EUROS). 

The delivery time is indicated when the order is placed, and may vary depending on the availability of the products purchased. If the items are in stock, the delivery time may vary between 4 and 7 working days. If there is no stock, the delivery time can vary between 8 and 10 weeks. 

If stock is not available, the client will not be able to purchase the product from the NIVIUK website. The client can check the delivery time by clicking the "Check Availability" button on the product page. NIVIUK will contact the client to inform them whether or not the product is still available and, if so, the estimated delivery time of the product. 

If NIVIUK is unable to ship the purchased products within the period(s) indicated, it will notify the client of this circumstance, informing them of the new period within which the product(s) will be available. In such cases, the client - if they are a private individual - will have the right to withdraw from the contract and ask for a refund. In this case, NIVIUK will refund the amount paid as soon as possible, at the latest within 14 (fourteen) days of the client requesting the refund, by the same method of payment or by bank transfer. 

In exceptional cases, NIVIUK reserves the right to separate the order, sending the available items and leaving the unavailable items pending a second shipment. In this case, the second shipment is made at no additional cost.

In the event that there is a problem with their order at the time of delivery (damaged packaging, missing or damaged products), the client should contact our customer service department by email at info@niviuk.com or by telephone on +34 972 422 878 within 24 hours of receipt.


5. PRODUCTS NOT AVAILABLE

The selection of products offered by NIVIUK is valid as long as the products are featured on the website, within the limits of available stock. 

In the event that the purchased product is not available due to lack of stock, we will inform the client and they can request a refund within a maximum of 14 (fourteen) days.


6. RIGHT TO CANCEL

The client may cancel the purchase without reason within 14 (fourteen) calendar days from the date of receipt of the product. If the deadline falls on a public holiday, it shall in all cases be extended to the next working day.

To cancel a purchase, the client must notify us by means of an clear, written statement (e.g. a letter sent by post, fax or email). A client may use the template cancellation form at the end of these Conditions of Purchase, although its use is not obligatory.

The product must be returned in perfect condition, including all its accessories. If the packaging of the product is an accessory element of the product, it must returned in its original packaging. In this case, if the product is not returned in the original packaging, the goods will be subject to depreciation, which will be subtracted from the amount to be refunded. 

The client must return the product, deliver it to NIVIUK or to a person authorised by us to receive it, without undue delay and, in all cases, no later than 14 (fourteen) calendar days from the date on which they notified NIVIUK of their cancellation of purchase. If the product is not returned within this period, the cancellation is invalid and the contract will continue to be fully in force.

When we receive the product, we will check that it complies with the return conditions detailed above and if everything is correct, we will proceed to refund the amount of the purchase. We will refund the amount paid as soon as possible, at the latest within 14 (fourteen) days from the date of request for reimbursement, by the same payment method chosen by the client. This period may be extended if there is a delay in receiving the product. 

Before cancellation, the client will only be able to check the product in the same way as they would in a shop, to confirm that it matches what they wanted and ordered. If the product is used before return (provided this does not go beyond merely checking that it is in good condition and working order) we may claim compensation for the reduction in value resulting from its use. The client shall only be liable for any diminished value of the products resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.

Please note that the right of cancellation does not apply when the contract concerns the supply of goods made to the client's specifications or clearly personalised, sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery or services which have been provided and performed in full (although exceptionally if they have begun but not completed, they can be cancelled, but the part of the services provided must be paid for).

Download the cancellation form here: Order cancellation form.

The client’s right to cancel an order will be free of charge, but the direct return costs associated with sending the product to NIVIUK or another person authorised by us to receive it will be at the client's expense. 

If the client wishes to request the collection of the product on behalf of NIVIUK or another person authorised by us, the cost of collection by the the courier will be subtracted from the total amount to be returned. 

If you have any questions, please contact our customer service department. 


7. GUARANTEE

NIVIUK guarantees that the products it sells conform to the  descriptions, characteristics, technical data and specifications published on our website. 

However, sometimes a product may prove to be defective. In this case, NIVIUK will be liable for a period of 3 years for any non-conformity that exists at the time of delivery of the product. The client must inform NIVIUK of the lack of conformity of the product within a maximum period of 2 (two) months after becoming aware of it. 

The guarantee does not cover defects caused by neglect, impact, misuse or alterations. Under no circumstances will we accept the return of used products or products in poor condition as a result of improper use.

If the defect in the product becomes apparent more than 2 years after delivery of the product, we may require the client to prove that the defect existed at the time of purchase. 

If the client believes that the product is defective, they have the choice between repair or replacement, unless one of these two options is objectively impossible or disproportionate. Repair and replacement will be carried out by us within 30 (thirty) days. If, due to lack of stock or any other impediment beyond NIVIUK's control, we are unable to carry out the repair or replacement within this period, this period will be extended to 90 (ninety) days. 

Repair and replacement will be free of charge for the client. This shall include the costs necessary to repair the defect of the product, the shipping costs, as well as the costs related to labour and materials.

If the client is unable to demand the repair or replacement of the product, or in cases where these have not been carried out within the time limits set out in this clause, they may choose between requesting a reduction in the price or termination of the contract. The termination shall not apply where the non-conformity is minor.

The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity and the value that the product actually delivered had at the time of delivery.
To report a product non-conformity, or request a repair or replacement, the client should contact NIVIUK's customer service department by sending an email to info@niviuk.com or by calling +34 972 422 878. NIVIUK will inform the client how to return the product.


8. REIMBURSEMENT

Where, in accordance with these Conditions of Purchase, the client is entitled to a refund, it shall be made by the payment method used or by bank transfer. 

NIVIUK will not make a refund or resend any product until the reception and condition of the article has been confirmed. Once the proper condition of the returned product has been verified, NIVIUK will proceed to reimburse the amount within a maximum period of 14 (fourteen) days.


9. GENERAL INFORMATION

According to current legislation, consumers or users are natural or legal persons acting outside the scope of a business or professional activity.

For this reason, some of the clauses in these Conditions of Purchase apply exclusively to end consumers. When the client is a company or entity, some of the clauses contained in this document shall not be applicable, but rather those legally established for regular sales contracts. 

NIVIUK will archive the electronic document in which the contract is formalised. It will not be accessible to the client via the website, but the client may request a copy by contacting our customer service department by email at info@niviuk.com. 

The contract and the documents related to the purchase of the products may be in Spanish or English. In case of doubt or contradiction, the Spanish version shall prevail over the other.


10. CUSTOMER SERVICE

Clients may address their queries, complaints or claims to NIVIUK by post, email or via the telephone number provided on the website. NIVIUK undertakes to provide a response to the client in the shortest possible time.
Any after-sales process (claims, warranty management, etc.) of a product purchased through an official NIVIUK dealer must be carried out the same.


11. APPLICABLE LAW AND JURISDICTION

These Conditions of Purchase are governed by Spanish law. The parties submit to the courts and tribunals of Santa Coloma de Farners for the resolution of conflicts arising from this contract, or to those of the client's domicile in the event that the client is considered a consumer by Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.