TERMS AND CONDITIONS OF USE
GENERAL INFORMATION
This website (nadadebajo.com) is operated by NADA DEBAJO S.L, with CIF: B01775105
These Terms and Conditions (hereinafter, the ‘Terms and Conditions’) shall apply to all Orders placed by customers (henceforth: NADA DEBAJO may be referred to as “us”, “our” and “we” and the CUSTOMERS may be referred to as “you” and “your”).
The usage of the aforementioned website is conditioned to the acceptance of all the terms, conditions and policies established (henceforth: the “Terms and Conditions”). This document is valid and applies to all use of and orders placed on nadadebajo.com, and orders made by telephone, e-mail or by live chat with NADA DEBAJO’s Customer Service team (henceforth together: the “Website”). These Terms and Conditions apply to all users of the site. Please note that NADA DEBAJO does not guarantee that all products presented on the Website are in stock or are available for purchase. NADA DEBAJO reserves its right to stop selling a product.
We reserve the right to update this document at any time. The date of the latest update is found in the final section of the Terms and Conditions. Each purchase is subject to the Terms and Conditions in the version applicable at the date of submitting the order. Please inform yourself about the applicable version of Terms and Conditions before submitting your order. The continued use of the website after posting the changed terms constitutes acceptance of them. For this reason, please read the Terms and Conditions before using our Website.
Please note that the terms and conditions valid for your order are always the terms and conditions that you have read and accepted before you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
LANGUAGE
The language of the Terms and Conditions is English.
GENERAL CONDITIONS
-Orders can only be placed by persons that are 18 years or older. By accessing or using our Website, you state that you are this age or older.-The violation of these Terms and Conditions will result in the termination of the Services requested by you and the prohibition of you using our Website. NADA DEBAJO reserves the right to seek all solutions available to us against violations of these Terms and Conditions.
-You may not use our products for illegal purposes by violating law in your jurisdiction or in Spain.
-We reserve the right to refuse access or use of our Website to anyone for any reason that NADA DEBAJO may deem necessary.
-You state that you will not copy, reproduce, duplicate or exploit any product or service offered on this Website without our prior written confirmation.
-We reserve the right to change the price of our products at any time without notice.
PLACING ORDER
By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read these Terms and Conditions and the Privacy Policy, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order. An order can only be placed if you have previously confirmed that you accept these Terms and Conditions. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In this case, you will be required to re-enter your selection of products to the shopping bag.
By using this website you declare that all information or data you provide us with is true and accurate. This means that you are responsible for the correctness, completeness and reliability of the information you provide to us at the time of placing the order.
ORDER CONFIRMATION
After submitting your order, we will send you an order confirmation via e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
ACCEPTANCE AND SHIPPING CONFIRMATION
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation via e-mail will be sent with all relevant information about your order and these Terms and Conditions. The shipping confirmation is our acceptance of your order. Please note that NADA DEBAJO does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or via e-mail. If we already have received payment for the product, we will refund you the amount of the purchase.
COLORS AND TEXTURE
NADA DEBAJO’s goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors and appearance of the products shown in the pictures on the Website can differ somewhat from their actual state. NADA DEBAJO cannot be held responsible for any such discrepancy.
PRICES
The prices and delivery costs shown on the Website exclude VAT. The VAT is added upon checkout. The prices and delivery costs shown on the Website may vary from time to time and NADA DEBAJO is not bound by the price until NADA DEBAJO has accepted the order by sending the shipping confirmation to you. The prices may also vary between physical stores and the Website. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. NADA DEBAJO always reserves the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order we will refund you the amount of the purchase.
The refund is made using the same payment method you used at the purchase. Please also note that NADA DEBAJO may cancel the order even if it has been accepted by NADA DEBAJO under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.
PERSONALISED ITEMS
Should you request a Personalised Item, these Personalised items will be made to order and cannot be returned or exchanged. Once the order has been sent by the customer and confirmed by NADA DEBAJO, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalised items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots.
Because of the clearly personalised nature of personalised products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. In addition, the customer does not have the right to cancel the order. Personalised items will only be returned in the event that they present a fundamental defect, including but not limited to:
– The item is not wearable
– The item is damaged
– The personalisation is wrong
– The item is not properly constructed presenting damage at the seem
Personalised items will not be returned because of differences in color or texture. Please revert to Clause “Colors and Texture” of this document for more information.
PAYMENTS
The Payments will be made in Euros and according to the following accepted payment methods:
Credit card
Payment can be made by the following credit cards: Visa, Mastercard.
The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once you place the order. We do our best to make the Website as secure as possible. All credit card transactions on the Website are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account once you place the order. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to NADA DEBAJO, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.
Gifs cards
When placing an order using a gift card as payment, the order can only be shipped to the same country as to where the gift card was issued. are unable to change the currency of the gift card, and it is always country specific. Gift cards purchased online cannot be used in store, and gift cards purchased in store cannot be used online. Gift cards are valid one year from the date when they were purchased.
Store credit
You may also pay us using stored credit in your account. Upon checkout, select Use Store Credit in your account, input the amount, and it will be applied onto your order. Correspondingly, your store credit used in the transaction will be deducted from your account and will be updated with the new balance. Store credit expires after a two year period and automatically forfeited when unused, so please ensure you use it accordingly. NADA DEBAJO will send you a reminder email at least 3 months before it expires.
Disclaimer: your order can only be processed once the payment has been authorised by the bank entity.
DELIVERY
Shipping methods
We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days, but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during busy periods. The delivery times do not take into account possible delays caused by payment authorization and/or on the part of the shipping company.
If NADA DEBAJO fails to deliver within 30 days, you have the right to cancel the purchase. This does not take into account problems caused by third parties, such as, and not limited to: delays by the shipping company, the product being held in customs in any country, strikes, force majeure, and others. NADA DEBAJO will not be held responsible in these circumstances.
Your order will be delivered by DHL to the shipping address you have indicated.
All orders are fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment.
First-time order policy
For security purposes, NADA DEBAJO reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
INFORMATION OF THE RIGHT OF REVOCATION
Right of revocation
You are entitled to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you have, or a third person designated by you (other than the carrier) has, received the products. In order to exercise your right of revocation, you must inform us at info@nadadebajo.com by means of an unambiguous notification (e.g. through letter sent by e-mail) of your decision to revoke this contract. You may electronically complete and submit the specimen revocation form provided on our website. This is, however, not compulsory. In order to comply with the time limit for revocation, it is sufficient that you send the notification of the exercise of the right of revocation before the time limit for revocation expires.
Consequences of revocation
If you revoke this contract, we are obliged to return to you promptly but in no case later than within 14 days from the day on which we have received the notification of your revocation, all payments that we have received from you excluding the costs of delivery. For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise; in no case will we charge you any fees due to such repayment. We are entitled to refuse payment until we have received the products and checked that they are not damaged and have not been used. We are entitled to refuse repayment until we have recovered the products or you have evidenced that you have sent the products back to us, whichever occurs first. You are obliged to send back or hand over the products to us promptly, but in no case later than within 14 days from the day on which you notified us of the revocation of this contract. The time limit is complied with if you send the products before the expiration of the 14 days’ time limit. You have to bear the direct costs of the reconsignment of the products. Any potential loss in value of the products will have to be compensated by you only if such loss in value is attributable to your handling of the products which is not necessary for the verification of their condition, quality or functionality.
Disclaimer: the Right of Revocation does not apply to Personalised Items. To learn more about the terms that apply to these items, please revert to the clause “Personalised Items” of this document.
RETURNS & REFUNDS
Please see NADA DEBAJO’s separate Returns Policy which can be found at www.nadadebajo.com, on the following page: RETURNS AND REFUND
DEFECTIVE PRODUCTS
If you receive defective products, please notify us immediately. According to the General Law for the Defence of Consumers and Users you are entitled to complain about defective products up to two years after receiving it. However, you must always notify NADA DEBAJO within a reasonable time after you have detected that the products are defective. If NADA DEBAJO considers the products to be defective, NADA DEBAJO will make a full refund including shipping costs.
INTELLECTUAL PROPERTY RIGHTS
Copyright in the documents provided in this site (including, without limitation, the trademarks of NADA DEBAJO, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to NADA DEBAJO and its afffiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from NADA DEBAJO. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
NADA DEBAJO trademarks include but are not limited to the NADA DEBAJO name and logo. Please note that your use of this Website does not grant you any rights to use our trademarks.
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times owned by us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
PRIVACY POLICY
Please see NADA DEBAJO’s separate Privacy Policy which can be found at www.nadadebajo.com, on the following page: PRIVACY POLICY.
Please note that we will request express acceptance of the Privacy Policy upon entering our website, when purchasing an item before proceeding to checkout along with express acceptance of these Terms and Conditions and when re-selling an item through our service. In this last case, both the seller and the buyer must accept these Terms and Conditions and our Privacy Policy before completing the transaction.
COOKIES
Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identify your computer and allow the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website you consent to the use of cookies.
SECURITY
NADA DEBAJO uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders by encrypting information provided by you. NADA DEBAJO online shop secures communications by encrypting all data to and from the site. For security reasons, we do not store any payment information in our database.
RESALE POLICY
You may purchase products on www.nadadebajo.com for personal use only and not for resale. By placing an order on www.nadadebajo.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions.
As part of our circular philosophy, we encourage our customers to give their NADA DEBAJO items new life. If you wish to re-sell your items, click on the DARE TO CHANGE link in our site, or send an email to info@nadadebajo.com so that we can restore and resell the item for you.
Once an item is sold, you will get store credit in your personal NADA DEBAJO account, net of restoration, selling fees and shipping. All information stored with the item during your item ownership will be encrypted and only duration of ownership will be revealed. You may revoke the right to use this information by clicking this link and sending an email to info@nadadebajo.com.
INFORMATION ON THE WEBSITE
NADA DEBAJO cannot promise that the content of the site is free of inaccuracies or typographical errors, as the information provided may be incomplete. Neither can we guarantee that all information is up-to-date or current. NADA DEBAJO may, at any time, amend the content of the site. Although NADA DEBAJO strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where NADA DEBAJO acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. NADA DEBAJO cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. NADA DEBAJO cannot guarantee problem-free, uninterrupted, and secure access to the site.
You agree that it is your responsibility to verify the information provided and to check for updates or modifications.
LINKS
The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.
PROHIBITED USES
Additionally to any provisions or prohibitions included in these Terms and Conditions, the following uses of this site are prohibited: for illegal purposes or to request others to carry out illegal acts; to infringe Intellectual Property rights (may they be ours or of our collaborators or partners); to violate any laws applicable in the Kingdom of Spain or in the jurisdiction of the IP address violating the law/s; to upload or transmit viruses; to collect personal data of third parties without written consent; to harass, abuse, discriminate, insult third parties on the basis of gender, sexual orientation, race, age, disability, nationality, religion; to spread false information; to create problems to our Website and the services we provide.
LIABILITY
Any damage liability of NADA DEBAJO is excluded. In no event will NADA DEBAJO, our partners, affiliates or employees be liable for any damage or loss of any kind. Unless otherwise provided by law, this limitation of liability includes, and is not limited to loss of revenue or sales; loss of business; loss of profits or loss of contracts; loss of anticipated savings; loss of data and loss of management time or loss of office hours; loss of business and loss of business time; replacement costs or any similar damages, as a consequence of the use of our services.
Except as otherwise expressly provided in these Terms and Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product. Our liability is limited to the maximum extent permitted by the law of the jurisdiction in question.
Exempted from this exclusion are claims of the customer related to damages to health, body and mind, or damages resulting from a violation of material contractual obligations (cardinal duties, being all obligations whose breach would jeopardize the achievement of the contractual purpose), as well as the liability for other damages which are based on intent or gross negligence of NADA DEBAJO, its representatives and vicarious agents. Material contractual obligations are obligations which are precondition to the successful performance of the contract and on the observation of which the customer can legitimately rely. In the event of a violation of material contractual obligations, NADA DEBAJO’s liability is limited to the foreseeable and typical damage if such damage has been caused slightly negligent, unless a damage to health, body and mind is concerned.
The limitations set forth above also apply for the benefit of the representatives and vicarious agents of NADA DEBAJO if claims are made directly against them. The liability under the Product Liability Act remains unaffected. NADA DEBAJO assumes no liability in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters, pandemic or similar events. In case of force majeure, NADA DEBAJO’s obligations will be suspended. The contract between you and NADA DEBAJO can, in such cases, be partially or fully terminated by yourself or by NADA DEBAJO.
INDEMNITY
You agree to hold NADA DEBAJO and its affiliates, partners and employees harmless from any claim, whatever the nature of it may be, made by any third party as a consequence of you breaching the Terms and Conditions or any other agreement posted on this Website.
PROVISIONS SEVERABILITY
If any part of these Terms and Conditions is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions. The unenforceability of one of more provisions will not affect the enforceability of the remaining provisions.
For this effect, the unenforceable provision will be considered separate from the rest of the Terms and Conditions.
TERMINATION
Once the Service has been rendered, these Terms and Conditions will still apply. They are effective unless either you or us state otherwise in writing. You can terminate the Terms and Conditions at any time when you stop using the Website and no longer have an interest in our services.
On our side, if we suspect or discover that you have failed to comply with our Terms and Conditions, we may terminate this agreement without notice, denying you access to our Website if we deem it necessary.
GOVERNING LAW AND JURISDICTION
In the event that any disputes arise between the parties regarding the application or interpretation of this Agreement, they shall use their best good faith efforts to reach a reasonable, equitable and mutually agreed-upon resolution of the item or items in dispute. In the event that the customer and NADA DEBAJO cannot reach an agreement after 15 days, they shall agree to submit to Arbitration as a non-judicial dispute resolution method. In this case they will be submitted to the institutional arbitration of the arbitration Court Bar Association of Barcelona (TACAB), which is entrusted with the appointment of the arbitrator or arbitrators and the administration of arbitration in accordance with the Regulations of TACAB in force, the place of arbitration shall be Barcelona.
All agreements, disputes, services, offers and invoices shall be governed by the common laws of Spain. The Client expressly waives his right to lodge any claim in its place of residence or nationality, in accordance with the laws of Spain and the Brussels I bis Regulation. Each party to this agreement irrevocably agrees that the courts of Spain shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the Spanish Court of Barcelona (registered address of NADA DEBAJO).
ENTIRE AGREEMENT
If we fail to enforce any provision contained in this Terms and Conditions document it will not constitute a waiver of said provision or right. This document establishes the operating rules between you and us for whichever service is to be rendered and supersedes any prior agreement or understanding, including and not limited to any prior Terms and Conditions posted on our Website.
DATA PROTECTION
NADA DEBAJO, in compliance with Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, seeks the total privacy of the personal data of its clients.
You acknowledge that we have disclosed our record retention policy with respect to documents, information and data acquired or shared during the term of NADA DEBAJO-Customer relationship. Such records will be maintained by NADA DEBAJO in a format of NADA DEBAJO’s choice (print or digital/electronic) for a period of not less than 10 years.
SUGGESTIONS, COMPLAINTS AND CLAIMS
You can send your suggestions, complaints and claims through our contact channels or by e-mail to info@nadebajo.com, which will be dealt with by our customer service department as soon as possible.
COMPANY CONTACT INFORMATION
NADA DEBAJO S.L
Roger de Lluria 91, 1o 2a
Barcelona, Spain
Telephone: +34 606633928
E-mail address: info@nadadebajo.com
Please revert any questions regarding these Terms and Conditions to the aforementioned email address.
VERSION OF THE TERMS AND CONDITIONS
The latest update of the Terms and Conditions of NADA DEBAJO was made in January 2022.
TERMS AND CONDITIONS OF USE
GENERAL INFORMATION
This website (nadadebajo.com) is operated by NADA DEBAJO S.L, with CIF: B01775105
These Terms and Conditions (hereinafter, the ‘Terms and Conditions’) shall apply to all Orders placed by customers (henceforth: NADA DEBAJO may be referred to as “us”, “our” and “we” and the CUSTOMERS may be referred to as “you” and “your”).
The usage of the aforementioned website is conditioned to the acceptance of all the terms, conditions and policies established (henceforth: the “Terms and Conditions”). This document is valid and applies to all use of and orders placed on nadadebajo.com, and orders made by telephone, e-mail or by live chat with NADA DEBAJO’s Customer Service team (henceforth together: the “Website”). These Terms and Conditions apply to all users of the site. Please note that NADA DEBAJO does not guarantee that all products presented on the Website are in stock or are available for purchase. NADA DEBAJO reserves its right to stop selling a product.
We reserve the right to update this document at any time. The date of the latest update is found in the final section of the Terms and Conditions. Each purchase is subject to the Terms and Conditions in the version applicable at the date of submitting the order. Please inform yourself about the applicable version of Terms and Conditions before submitting your order. The continued use of the website after posting the changed terms constitutes acceptance of them. For this reason, please read the Terms and Conditions before using our Website.
Please note that the terms and conditions valid for your order are always the terms and conditions that you have read and accepted before you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
LANGUAGE
The language of the Terms and Conditions is English.
GENERAL CONDITIONS
-Orders can only be placed by persons that are 18 years or older. By accessing or using our Website, you state that you are this age or older.-The violation of these Terms and Conditions will result in the termination of the Services requested by you and the prohibition of you using our Website. NADA DEBAJO reserves the right to seek all solutions available to us against violations of these Terms and Conditions.
-You may not use our products for illegal purposes by violating law in your jurisdiction or in Spain.
-We reserve the right to refuse access or use of our Website to anyone for any reason that NADA DEBAJO may deem necessary.
-You state that you will not copy, reproduce, duplicate or exploit any product or service offered on this Website without our prior written confirmation.
-We reserve the right to change the price of our products at any time without notice.
PLACING ORDER
By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read these Terms and Conditions and the Privacy Policy, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order. An order can only be placed if you have previously confirmed that you accept these Terms and Conditions. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In this case, you will be required to re-enter your selection of products to the shopping bag.
By using this website you declare that all information or data you provide us with is true and accurate. This means that you are responsible for the correctness, completeness and reliability of the information you provide to us at the time of placing the order.
ORDER CONFIRMATION
After submitting your order, we will send you an order confirmation via e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
ACCEPTANCE AND SHIPPING CONFIRMATION
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation via e-mail will be sent with all relevant information about your order and these Terms and Conditions. The shipping confirmation is our acceptance of your order. Please note that NADA DEBAJO does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or via e-mail. If we already have received payment for the product, we will refund you the amount of the purchase.
COLORS AND TEXTURE
NADA DEBAJO’s goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors and appearance of the products shown in the pictures on the Website can differ somewhat from their actual state. NADA DEBAJO cannot be held responsible for any such discrepancy.
PRICES
The prices and delivery costs shown on the Website exclude VAT. The VAT is added upon checkout. The prices and delivery costs shown on the Website may vary from time to time and NADA DEBAJO is not bound by the price until NADA DEBAJO has accepted the order by sending the shipping confirmation to you. The prices may also vary between physical stores and the Website. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. NADA DEBAJO always reserves the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order we will refund you the amount of the purchase.
The refund is made using the same payment method you used at the purchase. Please also note that NADA DEBAJO may cancel the order even if it has been accepted by NADA DEBAJO under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.
PERSONALISED ITEMS
Should you request a Personalised Item, these Personalised items will be made to order and cannot be returned or exchanged. Once the order has been sent by the customer and confirmed by NADA DEBAJO, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalised items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots.
Because of the clearly personalised nature of personalised products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. In addition, the customer does not have the right to cancel the order. Personalised items will only be returned in the event that they present a fundamental defect, including but not limited to:
– The item is not wearable
– The item is damaged
– The personalisation is wrong
– The item is not properly constructed presenting damage at the seem
Personalised items will not be returned because of differences in color or texture. Please revert to Clause “Colors and Texture” of this document for more information.
PAYMENTS
The Payments will be made in Euros and according to the following accepted payment methods:
Credit card
Payment can be made by the following credit cards: Visa, Mastercard.
The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once you place the order. We do our best to make the Website as secure as possible. All credit card transactions on the Website are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account once you place the order. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to NADA DEBAJO, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.
Gifs cards
When placing an order using a gift card as payment, the order can only be shipped to the same country as to where the gift card was issued. are unable to change the currency of the gift card, and it is always country specific. Gift cards purchased online cannot be used in store, and gift cards purchased in store cannot be used online. Gift cards are valid one year from the date when they were purchased.
Store credit
You may also pay us using stored credit in your account. Upon checkout, select Use Store Credit in your account, input the amount, and it will be applied onto your order. Correspondingly, your store credit used in the transaction will be deducted from your account and will be updated with the new balance. Store credit expires after a two year period and automatically forfeited when unused, so please ensure you use it accordingly. NADA DEBAJO will send you a reminder email at least 3 months before it expires.
Disclaimer: your order can only be processed once the payment has been authorised by the bank entity.
DELIVERY
Shipping methods
We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days, but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during busy periods. The delivery times do not take into account possible delays caused by payment authorization and/or on the part of the shipping company.
If NADA DEBAJO fails to deliver within 30 days, you have the right to cancel the purchase. This does not take into account problems caused by third parties, such as, and not limited to: delays by the shipping company, the product being held in customs in any country, strikes, force majeure, and others. NADA DEBAJO will not be held responsible in these circumstances.
Your order will be delivered by DHL to the shipping address you have indicated.
All orders are fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment.
First-time order policy
For security purposes, NADA DEBAJO reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
INFORMATION OF THE RIGHT OF REVOCATION
Right of revocation
You are entitled to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you have, or a third person designated by you (other than the carrier) has, received the products. In order to exercise your right of revocation, you must inform us at info@nadadebajo.com by means of an unambiguous notification (e.g. through letter sent by e-mail) of your decision to revoke this contract. You may electronically complete and submit the specimen revocation form provided on our website. This is, however, not compulsory. In order to comply with the time limit for revocation, it is sufficient that you send the notification of the exercise of the right of revocation before the time limit for revocation expires.
Consequences of revocation
If you revoke this contract, we are obliged to return to you promptly but in no case later than within 14 days from the day on which we have received the notification of your revocation, all payments that we have received from you excluding the costs of delivery. For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise; in no case will we charge you any fees due to such repayment. We are entitled to refuse payment until we have received the products and checked that they are not damaged and have not been used. We are entitled to refuse repayment until we have recovered the products or you have evidenced that you have sent the products back to us, whichever occurs first. You are obliged to send back or hand over the products to us promptly, but in no case later than within 14 days from the day on which you notified us of the revocation of this contract. The time limit is complied with if you send the products before the expiration of the 14 days’ time limit. You have to bear the direct costs of the reconsignment of the products. Any potential loss in value of the products will have to be compensated by you only if such loss in value is attributable to your handling of the products which is not necessary for the verification of their condition, quality or functionality.
Disclaimer: the Right of Revocation does not apply to Personalised Items. To learn more about the terms that apply to these items, please revert to the clause “Personalised Items” of this document.
RETURNS & REFUNDS
Please see NADA DEBAJO’s separate Returns Policy which can be found at www.nadadebajo.com, on the following page: RETURNS AND REFUND
DEFECTIVE PRODUCTS
If you receive defective products, please notify us immediately. According to the General Law for the Defence of Consumers and Users you are entitled to complain about defective products up to two years after receiving it. However, you must always notify NADA DEBAJO within a reasonable time after you have detected that the products are defective. If NADA DEBAJO considers the products to be defective, NADA DEBAJO will make a full refund including shipping costs.
INTELLECTUAL PROPERTY RIGHTS
Copyright in the documents provided in this site (including, without limitation, the trademarks of NADA DEBAJO, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to NADA DEBAJO and its afffiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from NADA DEBAJO. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
NADA DEBAJO trademarks include but are not limited to the NADA DEBAJO name and logo. Please note that your use of this Website does not grant you any rights to use our trademarks.
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times owned by us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
PRIVACY POLICY
Please see NADA DEBAJO’s separate Privacy Policy which can be found at www.nadadebajo.com, on the following page: PRIVACY POLICY.
Please note that we will request express acceptance of the Privacy Policy upon entering our website, when purchasing an item before proceeding to checkout along with express acceptance of these Terms and Conditions and when re-selling an item through our service. In this last case, both the seller and the buyer must accept these Terms and Conditions and our Privacy Policy before completing the transaction.
COOKIES
Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identify your computer and allow the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website you consent to the use of cookies.
SECURITY
NADA DEBAJO uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders by encrypting information provided by you. NADA DEBAJO online shop secures communications by encrypting all data to and from the site. For security reasons, we do not store any payment information in our database.
RESALE POLICY
You may purchase products on www.nadadebajo.com for personal use only and not for resale. By placing an order on www.nadadebajo.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions.
As part of our circular philosophy, we encourage our customers to give their NADA DEBAJO items new life. If you wish to re-sell your items, click on the DARE TO CHANGE link in our site, or send an email to info@nadadebajo.com so that we can restore and resell the item for you.
Once an item is sold, you will get store credit in your personal NADA DEBAJO account, net of restoration, selling fees and shipping. All information stored with the item during your item ownership will be encrypted and only duration of ownership will be revealed. You may revoke the right to use this information by clicking this link and sending an email to info@nadadebajo.com.
INFORMATION ON THE WEBSITE
NADA DEBAJO cannot promise that the content of the site is free of inaccuracies or typographical errors, as the information provided may be incomplete. Neither can we guarantee that all information is up-to-date or current. NADA DEBAJO may, at any time, amend the content of the site. Although NADA DEBAJO strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where NADA DEBAJO acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. NADA DEBAJO cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. NADA DEBAJO cannot guarantee problem-free, uninterrupted, and secure access to the site.
You agree that it is your responsibility to verify the information provided and to check for updates or modifications.
LINKS
The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.
PROHIBITED USES
Additionally to any provisions or prohibitions included in these Terms and Conditions, the following uses of this site are prohibited: for illegal purposes or to request others to carry out illegal acts; to infringe Intellectual Property rights (may they be ours or of our collaborators or partners); to violate any laws applicable in the Kingdom of Spain or in the jurisdiction of the IP address violating the law/s; to upload or transmit viruses; to collect personal data of third parties without written consent; to harass, abuse, discriminate, insult third parties on the basis of gender, sexual orientation, race, age, disability, nationality, religion; to spread false information; to create problems to our Website and the services we provide.
LIABILITY
Any damage liability of NADA DEBAJO is excluded. In no event will NADA DEBAJO, our partners, affiliates or employees be liable for any damage or loss of any kind. Unless otherwise provided by law, this limitation of liability includes, and is not limited to loss of revenue or sales; loss of business; loss of profits or loss of contracts; loss of anticipated savings; loss of data and loss of management time or loss of office hours; loss of business and loss of business time; replacement costs or any similar damages, as a consequence of the use of our services.
Except as otherwise expressly provided in these Terms and Conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product. Our liability is limited to the maximum extent permitted by the law of the jurisdiction in question.
Exempted from this exclusion are claims of the customer related to damages to health, body and mind, or damages resulting from a violation of material contractual obligations (cardinal duties, being all obligations whose breach would jeopardize the achievement of the contractual purpose), as well as the liability for other damages which are based on intent or gross negligence of NADA DEBAJO, its representatives and vicarious agents. Material contractual obligations are obligations which are precondition to the successful performance of the contract and on the observation of which the customer can legitimately rely. In the event of a violation of material contractual obligations, NADA DEBAJO’s liability is limited to the foreseeable and typical damage if such damage has been caused slightly negligent, unless a damage to health, body and mind is concerned.
The limitations set forth above also apply for the benefit of the representatives and vicarious agents of NADA DEBAJO if claims are made directly against them. The liability under the Product Liability Act remains unaffected. NADA DEBAJO assumes no liability in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters, pandemic or similar events. In case of force majeure, NADA DEBAJO’s obligations will be suspended. The contract between you and NADA DEBAJO can, in such cases, be partially or fully terminated by yourself or by NADA DEBAJO.
INDEMNITY
You agree to hold NADA DEBAJO and its affiliates, partners and employees harmless from any claim, whatever the nature of it may be, made by any third party as a consequence of you breaching the Terms and Conditions or any other agreement posted on this Website.
PROVISIONS SEVERABILITY
If any part of these Terms and Conditions is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions. The unenforceability of one of more provisions will not affect the enforceability of the remaining provisions.
For this effect, the unenforceable provision will be considered separate from the rest of the Terms and Conditions.
TERMINATION
Once the Service has been rendered, these Terms and Conditions will still apply. They are effective unless either you or us state otherwise in writing. You can terminate the Terms and Conditions at any time when you stop using the Website and no longer have an interest in our services.
On our side, if we suspect or discover that you have failed to comply with our Terms and Conditions, we may terminate this agreement without notice, denying you access to our Website if we deem it necessary.
GOVERNING LAW AND JURISDICTION
In the event that any disputes arise between the parties regarding the application or interpretation of this Agreement, they shall use their best good faith efforts to reach a reasonable, equitable and mutually agreed-upon resolution of the item or items in dispute. In the event that the customer and NADA DEBAJO cannot reach an agreement after 15 days, they shall agree to submit to Arbitration as a non-judicial dispute resolution method. In this case they will be submitted to the institutional arbitration of the arbitration Court Bar Association of Barcelona (TACAB), which is entrusted with the appointment of the arbitrator or arbitrators and the administration of arbitration in accordance with the Regulations of TACAB in force, the place of arbitration shall be Barcelona.
All agreements, disputes, services, offers and invoices shall be governed by the common laws of Spain. The Client expressly waives his right to lodge any claim in its place of residence or nationality, in accordance with the laws of Spain and the Brussels I bis Regulation. Each party to this agreement irrevocably agrees that the courts of Spain shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the Spanish Court of Barcelona (registered address of NADA DEBAJO).
ENTIRE AGREEMENT
If we fail to enforce any provision contained in this Terms and Conditions document it will not constitute a waiver of said provision or right. This document establishes the operating rules between you and us for whichever service is to be rendered and supersedes any prior agreement or understanding, including and not limited to any prior Terms and Conditions posted on our Website.
DATA PROTECTION
NADA DEBAJO, in compliance with Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, seeks the total privacy of the personal data of its clients.
You acknowledge that we have disclosed our record retention policy with respect to documents, information and data acquired or shared during the term of NADA DEBAJO-Customer relationship. Such records will be maintained by NADA DEBAJO in a format of NADA DEBAJO’s choice (print or digital/electronic) for a period of not less than 10 years.
SUGGESTIONS, COMPLAINTS AND CLAIMS
You can send your suggestions, complaints and claims through our contact channels or by e-mail to info@nadebajo.com, which will be dealt with by our customer service department as soon as possible.
COMPANY CONTACT INFORMATION
NADA DEBAJO S.L
Roger de Lluria 91, 1o 2a
Barcelona, Spain
Telephone: +34 606633928
E-mail address: info@nadadebajo.com
Please revert any questions regarding these Terms and Conditions to the aforementioned email address.
VERSION OF THE TERMS AND CONDITIONS
The latest update of the Terms and Conditions of NADA DEBAJO was made in January 2022.
