1. Ownership of www.topnimbos.com domains
In accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we inform you that the domain of our online shop, www.topnimbos.com, corresponds to TOP NIMBOS, a legally incorporated company in Spain with tax ID number B-54625249, which is registered in the Alicante Companies Register, Volume 3601, Page 102, Entry no. 1, sheet A-129759, (hereinafter www.topnimbos.com). For any enquiries, please contact TOP NIMBOS by e-mail at firstname.lastname@example.org or by telephone on +34 96 6500081. Our telephone lines are open from 9 a.m. to 2 p.m. and from 4 p.m. to 7 p.m. from Monday to Friday.
2. Object and scope of application.
The purpose of these General Terms and Conditions is to regulate the provision of information through the TOP NIMBOS online shop and commercial transactions established between TOP NIMBOS and users of the domain www.topnimbos.com. Browsing the online shop and purchasing any of the products offered therein implies the user's unreserved acceptance of all these terms and conditions.TOP NIMBOS S.L. may, at any time and without notice, modify these general terms and conditions and any specific conditions that might be added. Should this be the case, said modifications will be published in the online shop to make users aware of them, expressly stating the date when they come into effect.
3. Information provided on the website.
TOP NIMBOS S.L. reserves the right to modify the products displayed on www.topnimbos.com at any time. If, for whatever reason, the information that is published should accidentally contain an error, it will be corrected immediately. Should there be an error in the any of the prices that are displayed and a user decides to purchase the item based on the mistaken price, he/she will be informed immediately so that, if he/she wishes, the transaction may be cancelled without the user incurring any expenses. Likewise, should the contents of the website display provisional information about any product that does not actually correspond to the final characteristics of said product, the customer may cancel his/her order at no cost. TOP NIMBOS S.L. accepts no liability, either directly or indirectly, for any of the information, contents, statements and expressions related to the products sold on the website. This liability always corresponds to the editors or distributors of said content All contractual information on www.topnimbos.com is displayed in Spanish, and communications with customers and users, as well as the wording of contracts, will be in Spanish.
4. Intellectual property.
All the contents published on the website and especially the designs, texts, graphics, logos, icons, buttons and the software, trade names, trade marks or industrial drawings and any other signs for industrial and commercial use are subject to intellectual property rights belonging to TOPNIMBOS S. L or to third parties that have duly authorised their inclusion in this website. In no case will it be understood that any licence is conferred or that there is any renunciation, transmission or total or partial transfer of said rights, nor is any right or expectation of right conferred without the prior express authorisation of TOP NIMBOS S.L or the corresponding owners. It is expressly forbidden to insert hyperlinks for commercial purposes on third-party web pages allowing access to /span>www.topnimbos.com without our prior consent. In any case, the existence of such hyperlinks will not, under any circumstances, imply that there is a commercial relationship with the owner of the web page from which the hyperlink is established or acceptance by TOP NIMBOS S. L of its contents or services.
5. Responsibility of www.topnimbos.com
The products presented on the website comply with Spanish legislation. TOP NIMBOS S.L. cannot accept any liability in the case of products that do not comply with the legislation of the countries to which they have been sent to meet customers' orders. It is therefore the responsibility of customers outside Spain to ensure that it is possible to import or use the products ordered from us. Users assume all liability deriving from the use of our website and are solely responsible for all direct or indirect effects arising from the website, including but not limited to any adverse economic, technical and/or legal results, as well as unfulfilled expectations generated by our website, and users undertake to exempt www.topnimbos.com from any claims deriving directly or indirectly from such situations. TOP NIMBOS S.L. accepts no liability for damages deriving from interferences, omissions, interruptions, computer viruses, technical faults and/or disconnections in the operation of this electronic system or of users' computer equipment caused by reasons outside the control of www.topnimbos.com that impede or delay the services or browsing of the shop, or delays or blockages in its use caused by deficiencies or overloads of the Internet or other electronic systems, or inability to provide the service or allow access for reasons not attributable to TOP NIMBOS S.L. that are due to users, third parties or cases of force majeure. www.topnimbos.com does not generally control the use that users make of the website. In particular, TOP NIMBOS S.L does not guarantee, under any circumstances, that users use the website in accordance with the law, these General Terms and Conditions, morality and generally accepted good practices and public order, nor that they use it in a diligent, sensible manner.
6. Responsibility of www.topnimbos.com
The products presented on the website comply with Spanish legislation. TOP NIMBOS S.L. cannot accept any liability in the case of products that do not comply with the legislation of the countries to which they have been sent to meet customers' orders. It is therefore the responsibility of customers outside Spain to ensure that it is possible to import or use the products ordered from us. Users assume all liability deriving from the use of our website and are solely responsible for all direct or indirect effects arising from the website, including but not limited to any adverse economic, technical and/or legal results, as well as unfulfilled expectations generated by our website, and users undertake to exempt www.topnimbos.com from any claims deriving directly or indirectly from such situations. TOP NIMBOS S.L. accepts no liability for damages deriving from interferences, omissions, interruptions, computer viruses, technical faults and/or disconnections in the operation of this electronic system or of users' computer equipment caused by reasons outside the control of www.topnimbos.com that impede or delay the services or browsing of the shop, or delays or blockages in its use caused by deficiencies or overloads of the Internet or other electronic systems, or inability to provide the service or allow access for reasons not attributable to TOP NIMBOS S.L. that are due to users, third parties or cases of force majeure. www.topnimbos.com does not generally control the use that users make of the website. In particular, TOP NIMBOS S.L. does not guarantee, under any circumstances, that users use the website in accordance with the law, these General Terms and Conditions, morality and generally accepted good practices and public order, nor that they use it in a diligent, sensible manner.
7. Customer and user obligations.
Users undertake to comply with these general terms and conditions and to comply with the special warnings or instructions contained in them or published on the website. Access and use of the portal is not permitted for minors without the express consent of their parents or guardians. TOP NIMBOS S.L. accepts no liability for the truthfulness and accuracy of the information provided by users and therefore cannot verify their age. Without prejudice to the above, users of the website undertake:
a) To provide truthful information in the registration form when placing an order.
b) To keep the information provided up to date.
c) Not to use materials or information that are insulting, obscene or xenophobic, or that incite violence or discrimination on the basis of sex, ideology, race, religion or any other type of discrimination that is forbidden by law; that threatens morality or public order in any way; that affects fundamental rights, and, in general that is against the legal code.
d) Not to enter, save or spread data, viruses, codes or any device that may cause damage to the website or to any of the equipment, networks or systems of any of the website's users or third parties.
e) To safeguard the assigned username and password, assuming responsibility for any improper use that may be made of them.
f) Not to carry out activities through the website for advertising purposes or commercial gain and not to use the contents and information contained in it to send publicity or to compile or save personal data belonging to third parties.
g) Not to use anyone else's passwords or identification details.
h) To aid delivery of the requested order by providing an adequate delivery address where it can be received within the transport company's normal working hours. Should the customer fail to comply with this obligation, TOP NIMBOS S.L. will not accept any liability for delays or inability to deliver the order placed by the customer.
7. Privacy and personal data protection.
For the purposes of Organic Law 15/1999, of 13 December, on Personal Data Protection, and the regulations that develop it, www.topnimbos.com informs users that there is a personal data file created by and under the responsibility of TOP NIMBOS S.L. containing the data obtained on the aforementioned website. The purpose of this file is to manage your contractual relationship with us and carry out our own and third-party promotional and advertising activities via any means, which includes sending commercial messages by SMS, e-mail, post, etc. that we believe may be of interest to you having studied and segmented the data collected as you browse the website, data provided by filling in forms and data deriving from commercial relations or delivery of the products purchased. If you do not wish to receive publicity or you would like to unsubscribe from the newsletter and information that we send, customers and users of www.topnimbos.com may, at any time, exercise their rights of access, rectification, cancellation and opposition regarding their personal data by writing to: TOP NIMBOS, Departamento de Atención al Cliente, C/ Benyeres de Mariola, No7 – 03820 COCENTAINA - ALICANTE, or by sending an e-mail to email@example.com, stating your name and surname(s), username and the e-mail address with which you registered, attaching a photocopy of the user's ID card in both the above cases. If the data provided are associated with a purchase, we are required by Spanish law to keep them for at least six years, which means that they cannot be deleted or modified even if the customer asks us to do so. When using the data in this file, TOP NIMBOS S.L. undertakes to respect your confidentiality, use them only for the aforementioned purpose and comply with its obligation to safeguard them and take all the necessary measures to prevent their alteration, loss, processing or unauthorised access, as established in the regulations on security measures of computer files containing personal data approved by Royal Decree 994/1999, of 11 July. Our secure server guarantees the privacy of the data sent to us. This privacy is achieved using the SSL protocol and the data sent is encrypted using the RSA encryption system so that no one can appropriate them without having the necessary password. You will see that your browser is secure if the padlock symbol appears, and the URL will also be slightly different: it will begin with https instead of http.
8. Delivery costs.
In the case of deliveries to mainland Spain and Portugal, the delivery costs are included in the price. Cash on delivery may be selected for these destinations, but the price will be 2% higher.
For other destinations the transport costs will depend on the destination and the only accepted method of payment is by credit card.
9. Placing an order.
To place an order it is necessary to connect to www.topnimbos.com, register as a user by filling in the electronic form in the shop and following the instructions on screen. If you wish to purchase products after registering, you must add the product that you would like to buy to your basket, as instructed on screen, then fill in and validate the order form. The prices and offers presented on the website are only valid for online orders that are placed through www.topnimbos.com, and they may not coincide with the current prices and offers in other shops in Spain. By validating the order, the customer expresses his/her awareness and acceptance of these general terms and conditions as a party to the contract. Unless there is proof to the contrary, the data saved by TOP NIMBOS S.L. constitute proof of the transactions carried out between TOP NIMBOS S.L. and its customers. TOP NIMBOS S.L. will file the electronic document by which the contract is formalised and keep it accessible. Once the purchase has been made, the Customer Service Department of TOP NIMBOS S.L. will send you an e-mail confirming your order as soon as possible, always within 24 hours of placing the order (unless you do so on a Friday or Saturday). If you do not agree with the details shown in this confirmation, you may ask for the order to be modified or cancelled.
10. Product availability.
The selection of products offered on www.topnimbos.com is valid as long as they are visible on the website and available in stock. If the goods are in stock, they will be available in 1 to 2 days. If they are not in stock, they will be available in approximately 4 days. The delivery times allowed by the transport companies with which we work are additional to this. These periods are calculated on the basis of working days (Monday to Friday), as TOP NIMBOS S.L. does not dispatch goods on public holidays or weekends. Delivery times are approximate. If we are out of stock or an item is temporarily unavailable, TOP NIMBOS S.L. will contact you immediately with a new delivery time, or if it is not possible to supply you with the product in question, the order may be cancelled. In any case, a delay in the estimated delivery time will not entitle the customer to compensation.
11. Delivery methods and times.
Products will be sent to the delivery address given when the order is placed. Should an order contain several items that will be available at different times, they will be dispatched together when the last item becomes available. As an exception, TOP NIMBOS S.L. reserves the right to break down the order and send the available items, leaving unavailable items for a later delivery. In this case, the second delivery will be made at no extra cost to the customer. Should any problem be noticed when the order is delivered (broken packaging or missing or damaged products), it must be stated in writing on the transport company's delivery note and the customer must then call our Customer Service Department (+34 96 6500081) within the first 24 hours of receiving the order. Returns of damaged items or claims for missing items will not be accepted unless we have been notified within the established period.
www.topnimbos.com offers you various methods of payment so that you can choose the one that best suits your needs: credit card, bank transfer or cash on delivery.
12.a. Credit card
En our online shop you can use Visa, MasterCard, American Express, etc. Should the POS report that the card has been declined, the order will automatically be cancelled and the customer will be informed online of the cancellation. For payments made with cards issued outside Spain, the issuing bank must be covered by the CES (secure e-commerce) security protocol. Payments will not be accepted unless they meet this requirement. TOP NIMBOS S.L. reserves the right to reject any credit card transaction.
12.b Bank transfer
Once the order is confirmed, the customer will receive an e-mail with the bank account number to which the transfer must be made. The estimated delivery time of the goods will count from the moment the bank confirms that the transfer has been received. TOP NIMBOS S.L. reserves the right to reject any order until this condition has been met.
12.c Cash on delivery
A 2% surcharge will be applied and the transport company will notify you of the delivery time and the amount due.
13. Right to return goods.
The maximum period for requesting the return of a product is 7 working days after receipt of the order. A product may be returned for the following reasons:
a) Faulty product: Once TOP NIMBOS S.L. receives the faulty product, you will be sent a replacement. In this case, it will be exchanged for the same item or reference. You will only be billed for the first delivery, as TOP NIMBOS S.L. will pay the delivery costs of returning and resending the product.
b)Product mistakenly included in the order: TOP NIMBOS S.L. will pay the costs of collecting the wrong product and delivering the product that the customer ordered.
14. Product guarantee.
TOP NIMBOS S.L. will not accept any exchanges or returns unless:
a) Our Customer Service Department is notified beforehand: This step is essential, whatever the reason for returning the goods. You can do this by sending an e-mail to firstname.lastname@example.org by calling +34 96 6500081. We will tell you what to do if you wish to return the item. Our telephone lines are open from 9 a.m. to 2 p.m. and from 4 p.m. to 7 p.m. from Monday to Friday.
b) The goods are in perfect condition.
c) The products to be returned are properly packaged to be sent back. Items returned without their original packaging will not be accepted.
Refunds will be made by bank transfer and the price to be refunded will be the amount that originally appeared in the order.
16. Applicable legislation. Submission to jurisdiction.
Sales made on www.topnimbos.com are subject to Spanish legislation. Should there be any conflict or discrepancy in the interpretation or application of these contractual conditions, the case will be judged by the Courts and Tribunals established by the applicable regulations in the competent jurisdiction. If the buyer resides outside Spain or is a company, both parties expressly renounce any other jurisdiction that may correspond to them and submit to the Courts and Tribunals of Alcoy (Spain). These General Terms and Conditions were last updated on 01-05-2012.