Use terms

  1. Purpose and generalities.

The present Terms of Use (henceforth, “Terms”) along with other specific conditions that might be established, belong to the website http://niceballs.es (henceforth, “Website”) as well as the conditions of purchase through it.

This Website is owned by GIRO CREATIVO S.L. with CIF: B-53541157, placed in 15, Ciudad León de Nicaragua Avenue, Alicante, 03015 and registered in the Mercantile Registry of Alicante’s city, general volume 2411, sheet 218, page A-63287, first entry 04/10/2001.

The use of this Website and its services, such as the acquisition of any of the offered products, implies unconditional acceptance as User or Customer, without any exceptions, of all the present Terms. The information provided during the User Registration or the use of the Website’s services will become part of the files owned by GIRO CREATIVO S.L. and this information will be processed according to the Privacy Policy, which the user expressly declares to acknowledge and accept.

GIRO CREATIVO S.L. provides information about products and offers the possibility of their purchase through the Website. Customers that would like to purchase products must follow the steps that GIRO CREATIVO S.L. indicates on the Website. 

The present Terms, along with the Privacy Policy and this Website’s Legal Notice are the only conditions applicable to the use of this Website and the purchase of the products through it, and they replace any other conditions. Consequently, Users that access the Website, register and make any purchase through it, accept agreement to be adhered and legally bound to the Terms, Privacy Policy and Legal Notice, as stated on the Website at the time of accessing it.

Users that register on the Website must be, at least, eighteen (18) years old.

2. Information about products.

Photographs, graphic or iconographic representations and videos relative to the products owned by GIRO CREATIVO S.L., such as trade names, brands or any distinctive signs included on the Website, have the purpose of providing as much information as possible. However, they are thought as guidelines and therefore they are not aimed to be exhaustive.

GIRO CREATIVO S.L. reserves the right of deciding, at any time, which products will be offered to Users through the Website. Hence, GIRO CREATIVO S.L. will be able to add, at any time, any new products to the ones that are already available. Therefore, it is understood that, unless other regulations are stipulated, these new products shall be regulated as prescribed in the Terms that are into force at the given specific time.

Similarly, GIRO CREATIVO S.L. reserves the right to restrict the access at any time and without prior notice to any of the products offered on the Website. 

In the event that due to force majeure circumstances, a product is not available after the purchase order is placed, GIRO CREATIVO S.L. will inform the User of the complete or partial annulment of the order via email. The partial annulment of the order does not entitle the complete annulment of the order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in agreement to what is established in the present Terms.

 

 

3. Purchase system.

To purchase any product, the User, who must be over eighteen (18) years old, must select the wanted one and add it to the Cart. Once the selection of products is completed, the User must click on the icon “Place order”. Right after, the chosen products will be displayed, and the User will be asked to choose a payment method and complete the process.

The information given to GIRO CREATIVO S.L. through the form related to the purchase process are used as tools for identification and access to the purchase, and these details are personal and non-transferrable.

 

4. Delivery times

Shipments in Spain (peninsula) take approximately from 1 to 5 business days after the payment is confirmed on the part of the customer. International shipments may take from 15 to 20 business days, depending on the destination. We do not take responsibility for the possible delays the shipping provider may cause.

5. Payment methods

Payment methods accepted by GIRO CREATIVO S.L.:

 

PayPal/ Card

Customers will be directed to PayPal’s website, taking into advantage its secure payments platform. Once the payment process is completed, the customer will be redirected to Niceballs Shop.

On PayPal’s website, the payment can be done through a Paypal account or with credit card.  Payments on delivery are not accepted.

Paypal may withhold an amount of money as a deposit or insurance when paying with card on Paypal platform (usually a few cents or 1€). This amount will be refunded by Paypal within a month, approximately. This deposit charge does not ensure that the purchase is made.

 

Bank transfer

Complete your order through a bank transfer of the total amount of the purchase order, including delivery costs, to the following bank account:

 

Bank: Caixabank

Bank Holder: Giro Creativo S.L.

SWIFT/BIC Code: CAIXESBBXXX

IBAN No: ES40 2100 2190 9202 0036 6419

 

It is very important that in the SENDER or TRANSFERER field you enter the order number and your first name and surname. (For example, 123456- John Smith)

There is a period of 7 business days to make the transfer after you place the purchase order. The order will not be successfully completed until we confirm the corresponding deposit. Therefore, delivery times start at this moment.

Payments by bank transfer may have a lag period of 1 to 3 days.

 

 

6. Delivery costs.

 

  • Domestic shipment (Baleares, Canarias, Ceuta y Melilla incl..): 6€

  • International shipment within European territory: from 10€

  • International shipment outside European territory: from 13€

 

We ship to all countries worldwide.

 

7. Other characteristics of the purchase.

 

  1. Shipments are sent by shipping provider CORREOS.

  2. Delivery costs include value added tax (VAT) but no other taxes, fees, duties or surcharges.

  3. By shipment, it is understood the delivery of the products at the address specified by the Customer in the placement of the order.

  4. GIRO CREATIVO S.L. delivers the orders to the shipping provider within a period of maximum 48 hours. We do not take responsibility of the possible delays the shipping provider may cause.

 

8. Returns.

Customers that change their mind or do not feel satisfied with the purchase can return it within 14 calendar days after the date the package was received. For that purpose, you just must inform us via email at niceballs@imaginarte.com indicating the necessary information to locate the purchase order. On our part, we will reply to your email informing you about the steps to be taken. In this case, you should send the products in perfect condition, not after 14 calendar days within their receipt. In these cases, GIRO CREATIVO S.L. will refund the amount equivalent to the price of the product, not including shipping costs related to the delivery and return of the product.

9. Warranty.

All our products are warranted for two (2) years, provided that the damage or defect is not imputable.  Therefore, if your product is defective, GIRO CREATIVO S.L. will take charge of the withdrawal of the product and delivery of the correspondent one to that of the placed order, running with the associated costs of the return and change (except additional costs due to the choice of an urgent delivery method, in which case the Customer must pay for these extra costs). In order to manage the incident, you must inform us via email at niceballs@imaginarte.com including:  the reason of the incident, the order number (it is essential to locate the purchase), the delivery note of the purchase and some photographs of the wrong or damaged product so that we can evaluate the issue. It is necessary that the customer has the delivery note or the proof of purchase to make any warranty claims.

Once we receive this information we will contact the Customer to explain the steps to be taken. You must inform us about the lack of conformity of the product within two (2) months after you notice the imperfection. In the event that it is not objectively possible to change the product for another one, GIRO CREATIVO S.L. will make a refund of the price of the product.

 

Notice that our warranty does not cover:

  1. Negligent or violent use of the product.

  2. Damages caused by the handling of the product.

It is important to follow the handling or installation instructions we provide. In case of doubt, do not hesitate to contact us via email at niceballs@imaginarte.com to get some advice about how to use the product.

10. Taxes

Prices include value added tax (VAT) but no other taxes, fees, duties or surcharges.

 

11. Prices.

Products will be sold at the price indicated on the website, being valid the one that it is indicated at the specific time of the order placement.

 

12. Validity.

GIRO CREATIVO S.L. reserves the right to change prices, products, sales and other commercial terms without prior notification.

 

 

13.  Waiver.

The lack of notification on GIRO CREATIVO S.L.’s part of the strict enforcement on the part of the User of the obligations acknowledged by virtue of a contract or of the present Terms or the fault of exercise on the GIRO CREATIVO S.L.’s part of the rights or proceedings that correspond to us by virtue of the aforementioned contract or Terms, will not suppose any waiver or limitation in relation to these aforementioned rights or proceedings neither will exonerate the User from the fulfilment of these obligations.

The waiver on GIRO CREATIVO S.L.’s part of a specific right or proceeding will not suppose in any case the waiver to other rights or proceedings derived from a contract or the Terms. The waiver on GIRO CREATIVO S.L.’s part of any of the present Terms or the rights and proceedings derived from a contract will take effect, unless the waiver is expressly established and legalised and it is notified in writing to the User.

 

14. Modification of terms.

GIRO CREATIVO S.L. reserves the right to revise and modify the present Terms at any time. Users are adhered to the policies and Terms that are currently in force at the time of the use of the Website or the placement of each order, unless that due to the law or governmental organizations decisions GIRO CREATIVO S.L. must make modifications with retroactive nature on these Terms, in which case, the possible modifications will affect also the orders the User had previously placed.

 

15. Claims, comments and suggestions.

Our complaints form is available to Customers and can be requested writing an email at niceballs@imaginarte.com

Likewise, any doubt, suggestion or comment can be sent to our Customer Service Department by email at niceballs@imaginarte.com

 

16. Website use.

Customers commit to use this website with the purpose of making questions or placing legally valid orders only and to not place any false or fraudulent order. Otherwise, we will be authorised to cancel the order and inform relevant authorities.

Users must not make any prohibited use of this website, and this involves, among other actions, pre-meditated introduction of viruses, Trojan horses or any other technological harmful material.

We will not take responsibility for any damage or loss that may affect your computer as a consequence of the previously mentioned actions, or this website use or the download of this website content or the ones to which the website redirects.

 

 

17. Links to other websites.

Our website may contain links to other websites, social networks and third-parties’ materials. These links are provided for informational purposes only and GIRO CREATIVO S.L. does not have any control over the content of these websites or materials. Consequently, GIRO CREATIVO S.L. will not take any responsibility for the damages or losses derived from the use of these links or third-parties’ materials.

 

18. Responsibility.

GIRO CREATIVO S.L. does not take responsibility for the delays on the delivery of the orders, or the impossibility of sending them when the cause is a force majeure circumstance out of our control. Among other causes, we understand that there exists force majeure in the following cases, but without limitation: accidents; strikes; riots; terrorist threats or attack; fire or explosion; weather conditions or natural disasters such as storm, flood, earthquake, subsidence, epidemic; external problems to us regarding transport or telecommunication systems. As far as possible, once the cause of the impossibility or delay is solved, GIRO CREATIVO S.L. will do everything possible to get back to its commercial activities and comply with its obligations and shipments.

 

19. Data protection

When acquiring our products or visiting our website from your computer, Tablet or mobile phone, you can allow us to use your personal information. All the information you provide is confidential. In compliance with the provisions of the Constitutional Act 15/1999, 13th December on Personal Data Protection (LOPD), GIRO CREATIVO S.L. is the responsible entity of collecting this information. We will process your data in accordance with the provisions of LOPD and other governing laws. We can ensure that the information is collected following all the security measures needed. If you have any doubt about this policy or about data privacy, you can read the Legal Notice section where you will find more detailed information, or you can contact us at niceballs@imaginarte.com

 

20. Governing law and jurisdiction.

These terms and conditions are governed and interpreted in accordance with the laws of Spain.  If any discrepancy or complaint between the parts regarding the enforcement or content of the present Terms, the parts agree to submit the decision of the issue to the Courts and Tribunal of the city of Alicante.