This Website, whose owner is Ms. Alicia Casquero Arias, with DNI 53102992-V, with registered office at C/ Perdices 7 (28670 – Villaviciosa de Odón, Madrid, Spain (hereinafter, "Nika Kids"), is constituted by the websites associated with the domain www.nikakids.com.
This document (as well as the documents mentioned in it) establish the conditions governing the use of this website and the purchase of products on it (the "Legal Notice").
We ask you to read this Legal Notice carefully before using this website. By using this website or placing an order through it, you are bound by this Legal Notice.
This Legal Notice may be modified at any time. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or execution of the Contract (as this is defined below) will be those that are applicable to you.
2.- USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
- Make use of this website only to make legally valid inquiries or orders.
- Do not make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
3.- EXECUTION OF THE CONTRACT
The information contained in this Legal Notice and on the Website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between us in relation to any product until your order has been expressly accepted by us.
If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full.
To place an order, you must follow the online purchase procedure and confirm payment. Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation").
Keep in mind that the Order Confirmation does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products.
All orders are subject to our acceptance, of which you will be informed through an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that could have been ordered until we confirm the shipment of the same in a Shipping Confirmation.
4.- AVAILABILITY OF THE PRODUCTS
All product orders are subject to product availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order.
If you do not wish to order such substitute products, we will refund any amount you may have paid.
5.- REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this Website at any time and to remove or modify any material or content on this Website. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. discretion.
We will not be liable to users or to any third party for the fact of removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for refuse to process an order once we have sent you the Order Confirmation.
Without prejudice to what is established in this Legal Notice regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s listed in each Shipping Confirmation within the delivery period specified in the email. Order Confirmation or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for any of the following reasons:
- product customization;
- specialty items;
- unforeseen circumstances;
- delivery area;
If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid.
Keep in mind in any case that we do not deliver on Saturdays or Sundays.
For the purposes of this Legal Notice, it will be understood that the "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company.
7.- IMPOSSIBILITY OF DELIVERY
If after two attempts we find it impossible to deliver your order, we will tell you where it is and how to collect it.
If you are not going to be at the place of delivery of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Shipment Confirmation, to arrange the delivery of your order at the address indicated at the time of purchase.
If after this period, you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund the price paid for such products, discounting the relevant shipping and management costs as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the established in this Clause we consider the Contract terminated.
8.- TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks of the products will be borne by you from the moment of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this takes place at a later time.
9.- PRICE AND PAYMENT
The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and you will be fully refunded any amounts that have been paid.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the price error is obvious and unambiguous and could reasonably be recognized by you as an incorrect price.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.
10.- EXCHANGE/RETURN POLICY
10.1.- LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE
In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object of the Contract is any of the products with respect to which the right of withdrawal is excluded) at any time within a period of 14 business days. from the delivery date of your order.
In this case, the price paid for such products will be refunded to you. As a customer, you will be responsible for the direct costs of returning the product when you do not make the return by any of the free methods mentioned in this Agreement.
You can prove the exercise of the right of withdrawal in any way admitted by law, considering that said right has been validly exercised in any case by returning the products.
This provision does not affect other rights recognized to the consumer by current legislation.
10.2.- COMMON PROVISIONS
You will not have the right to withdraw from the Contract whose object is the supply of products that have been modified from their original form through custom arrangements or personalized adjustments.
Your right to withdraw from the Contract will apply exclusively to those products that are returned by you in the same conditions in which you received them.
Changes can be made for any item, in any size or color for an equal or higher amount as long as you pay the difference.
After examining the article we will notify you if you have the right to a refund of the amounts paid. The return will be made as soon as possible and, in any case, within a period of 30 days from the date of receipt of the item(s) in our warehouses. The return will always be made in the same means of payment that you used to pay for the purchase.
If you have any questions, you can contact us by calling +34 644 05 01 97.
11.- LIABILITY AND EXEMPTION FROM LIABILITY
Except as otherwise expressly provided in this Legal Notice, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
- In the event of death or personal injury caused by our negligence;
- In case of fraud or fraudulent misrepresentation; either
- In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, we will not accept any responsibility for the following losses, regardless of their origin:
- Loss of income or sales;
- business loss;
- loss of profit or loss of contracts;
- Loss of anticipated savings;
- Data loss; and
- Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise stated. expressly otherwise in it.
All product descriptions, information and materials on this website are provided as true body and without express or implied warranties about them.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users.
The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.
12.- INTELLECTUAL PROPERTY
As a user of this website, you acknowledge and agree that all copyrights, trademarks, design of garment models and other intellectual property rights on the materials or content that are provided as part of the website correspond at all times to us or to who granted us a license for its use.
You may use said materials only in the manner expressly authorized by us or by those who granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order data or Contact data.
13.- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
As a user, you agree not to make improper use of this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. In addition, you will not try to gain unauthorized access to this web page, to the server on which said page is hosted or to any server, computer or database related to our web page, as well as not to attack this web page through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.
14.- LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we do not have any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
15.- EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in performance of any of our obligations under a Contract, caused by events beyond our reasonable control ("Force Majeure Event").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, and by way of example only, the following cases:
strikes, lockouts or other protest measures, civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, as well as the impossibility of using trains, ships, planes, motor transport or other means of transport, public or private, or the impossibility of using public or private telecommunications systems.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations under the Contract despite the Force Majeure Event.
The lack of requirement on our part of strict compliance on your part with any of the obligations that you assume by virtue of a Contract or this Legal Notice, or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said Contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver on our part of any of the conditions included in the Legal Notice, or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing.
17.- APPLICABLE LAW.
The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any matter related to the services of this portal, will be Spanish law.
Madrid, September 2021