1. GENERAL INFORMATION

The ownership of this website www.nomel.es, (hereinafter Website) is held by Carmen Páez López, with NIF: 24483582J, and whose contact details are:

Address: C/. Mirasierra, 31 – 41560 Estepa (Seville)

Contact phone: 600842712

Contact email: info@nomel.es

This document (as well as other documents mentioned herein) regulates the conditions under which this Website (www.nomel.es) and the purchase or acquisition of products and/or services on it are governed (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that www.nomel.es develops through the Website includes:

Retail sale of clothing and accessories, etc.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of www.nomel.es. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned documents, so if they do not agree with all of them, they should not use this Website.

It is also informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those in force at the time the acquisition of products and/or services is requested will apply.

For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

  1. THE USER

Accessing, browsing, and using the Website grants the status of user (hereinafter referred to, either individually as User or collectively as Users), thus accepting, from the moment they start browsing the Website, all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Use this Website solely to make legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If it can reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities would be informed.
  • Provide truthful and lawful contact information, for example, email address, postal address, and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. www.nomel.es does not ensure that the Website complies with the laws of other countries, either wholly or partially. www.nomel.es declines all responsibility that may arise from such access, nor does it ensure deliveries or service provisions outside of Spain.

The User may choose to enter into the purchase contract for the desired products and/or services with www.nomel.es in any of the languages in which these Conditions are available on this Website.

  1. PURCHASE OR ACQUISITION PROCESS

Registered Users can purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition procedure of www.nomel.es, during which one or more products and/or services can be selected and added to the cart, basket, or designated purchase area, and subsequently finalize the purchase, shipping method, choose the payment method, and finally, click on: “Place Order”

Additionally, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that www.nomel.es has received their order or purchase request and/or service provision, i.e., the order confirmation. If applicable, they will also be informed via email when their purchase is being shipped. In some cases, this information may also be made available to the User through their personal connection space on the Website.

Once the purchase procedure is concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, if applicable, through their personal connection space on the Website. Additionally, the User can, if they wish, obtain a paper copy by requesting it from www.nomel.es using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are shown alongside the presentation or, if applicable, image of it on its page of the Website, indicating, by way of example but not limited, and depending on each case: name, price, components, weight, quantity, color, size, product details, or characteristics, manner in which services will be carried out and/or cost of services; and acknowledges that placing the purchase or acquisition order constitutes full and complete acceptance of the applicable specific sales conditions in each case.

Unless expressly stated otherwise, www.nomel.es is not the manufacturer of the products sold or that may be marketed on the Website. While www.nomel.es makes considerable efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that appearing on the Website. Therefore, the User should not only consider the information provided by the Website but also the information available on the labeling, warnings, and/or instructions that accompany the product.

  1. AVAILABILITY

All purchase orders received by www.nomel.es through the Website are subject to the availability of the products and/or that no circumstance or force majeure event (clause nine of these Conditions) affects their supply and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, www.nomel.es commits to contacting the User and refunding any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes unfeasible.

  1. PRICES AND PAYMENT

The prices displayed on the Website are final, in euros (€), and include taxes, unless, by legal requirement, especially regarding VAT, a different matter is indicated and applied.

Shipping costs will be calculated depending on the weight, destination, and volume of the package unless a fixed price is indicated and will be calculated, informed, and included before the order is placed.

Shipping costs for mainland Spain will be €4.95 and for the Balearic Islands €8.95, these prices are understood to include VAT.

If the purchase exceeds €50.00, shipping costs will be free.

For other destinations, please consult.

Thus, www.nomel.es provides delivery and/or shipping services through one of the transport companies we work with.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods may include: Credit or debit card, Bizum, PayPal, and Bank transfer

www.nomel.es uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards are subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, www.nomel.es will not be responsible for any delay or lack of delivery and cannot formalize any contract with the User.

Once www.nomel.es receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The charge on the card will be made at the moment www.nomel.es sends the user the order confirmation and/or service confirmation that is established in form and, if applicable, places.

If the payment method is PayPal, the charge will be made at the moment www.nomel.es sends an order confirmation for the purchase or acquisition of products and/or services to the User.

Payments for purchases made through PayPal will incur an additional cost of €2.00 when choosing this payment method.

In any case, by clicking on “Place Order,” the User confirms that the payment method used is theirs.

Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow enough time for the bank transfer to be accounted for by the payment system used by www.nomel.es for the Website. When the bank transfer is effectively charged and received in our bank account, the order will be prepared and processed for shipment.

To be able to send the products as soon as possible, it will be necessary to send the bank transfer receipt via email or WhatsApp confirmation of the payment made by transfer for the corresponding order amount.

Costs incurred by this payment method will be entirely borne by the customer.

Through this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference including the order number. In case of error, www.nomel.es cannot validate the order, which will be canceled.

  1. DELIVERY

In cases where a physical delivery of the contracted good is to be made, deliveries will be carried out within the following territory: Spain (Mainland and Balearic Islands), for other destinations please consult.

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, due to the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason attributable to them, www.nomel.es cannot meet the delivery date, they will contact the User to inform them of this circumstance, and the User can choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the paid price. In any case, home deliveries are made on business days.

If it becomes impossible to deliver the order due to the User’s absence, error in the delivery address, or any other circumstance, the order may be returned to the warehouse. However, we could inform them of the carrier and tracking number and how to arrange for delivery.

If the User will not be at the delivery location within the agreed time slot, they must contact www.nomel.es to agree on delivery another day.

If 30 days pass from the time the order is available for delivery and it has not been delivered due to reasons not attributable to www.nomel.es, it will be understood that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the contract resolution, all payments received from the User will be refunded, except for additional costs resulting from the User’s own choice of a delivery method different from the least expensive ordinary delivery method offered on the Website, without any undue delay and, in any case, within a maximum of 14 calendar days from the date the contract is considered resolved.

However, the User should be aware that the transport resulting from the resolution may incur an additional cost that may be passed on to them.

For the purposes of these Conditions, delivery is understood to have occurred or the order has been delivered at the moment the User or a third party designated by the User takes physical possession of the products, which will be evidenced by the signature upon receipt of the order at the agreed delivery address.

The risks arising from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when www.nomel.es receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a later time than the complete receipt of the payment amount by www.nomel.es.

In accordance with the provisions of Law 37/1992, of December 28, on the Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the Spanish VAT territory if the delivery address is in Spanish territory except Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally current rate at each moment depending on the specific article.

Similarly, in accordance with Chapter I of Title V of Council Directive 2006/112/EC of November 28, 2006, on the common system of VAT, purchase orders will be located, for delivery and/or provision, in the Member State of the European Union where the address on the purchase order is located and, therefore, the applicable VAT will be that in force in that Member State.

For other locations, different from the above, where purchase orders will be located, for delivery and/or provision, the current regulations will apply at each moment; the User must be aware that this could result in the application and accrual of taxes and customs duties at the destination, in accordance with the current regulations at the destination, and that these could be borne by them. For more information, the User should contact the customs office at the destination.

  1. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect an error when entering necessary data to process their purchase request on the Website, they can modify them by contacting www.nomel.es through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.

In any case, before clicking on “Place Order,” the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to gather more information on how to exercise their right to rectify as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons regarding the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

  1. RETURNS

In cases where the User has acquired products in or through the Website of the owner, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Website of www.nomel.es or, in the case that the goods in their order are delivered separately, 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract is concluded.

To exercise this right of withdrawal, the User must notify www.nomel.es of their decision. They can do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by www.nomel.es as part of an annex to these Conditions; however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that clearly and unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, www.nomel.es will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method different from the least expensive ordinary shipping method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date www.nomel.es is informed of the User’s decision to withdraw.

www.nomel.es will refund the User using the same payment method used by them for the initial purchase transaction. This refund will not incur any additional cost to the User. However, www.nomel.es may withhold such a refund until the products or articles of the purchase have been received or until the User provides proof of their return, whichever condition is met first.

The User can return or send the products to www.nomel.es at: C/. Mirasierra, 31 – 41560 Estepa (Seville)

And must do so without any undue delay and, in any case, no later than 14 calendar days from the date www.nomel.es was informed of the decision to withdraw.

The User acknowledges knowing that they must bear the direct cost of returning (transport, delivery) the goods, if any. Additionally, they will be responsible for any diminution in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as outlined in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, but not limited to, this would include: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery; supply of digital content without physical support.

In this same sense, the provision of a service that the User might contract on this Website is governed by the same Law, as this Law establishes that the Right of Withdrawal will not apply to Users when the service provision has been fully executed, or has begun with the express consent of the consumer and user and with their acknowledgment that once the contract has been fully executed by www.nomel.es, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, if products are not in the same condition as they were delivered, or have been damaged after delivery.

Furthermore, the products must be returned using or including all their original packaging, instructions, and any other accompanying documents, in addition to a copy of the purchase invoice.

The Withdrawal Form Template can be downloaded at the following link: https://nomel.es/modelodesistimiento

Return of Defective Products or Shipping Error

These are all cases where the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and therefore must contact www.nomel.es immediately and inform them of the existing discrepancy (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and once returned, they will be examined and the User will be informed, within a reasonable period, whether a refund or, where appropriate, a replacement will proceed.

The refund or replacement of the product will be carried out as soon as possible and, in any case, within 14 days following the date we send a confirmation email that the refund or replacement of the non-compliant item is applicable.

The amount paid for those products returned due to a defect, when it really exists, will be fully refunded, including delivery costs and any costs the User may have incurred to make the return. The refund will be made using the same payment method the User used to pay for the purchase.

In any case, the rights recognized in the current legislation at each moment for the User, as a consumer and user, will always be upheld.

Warranties

The User, as a consumer and user, enjoys warranties on the products they may acquire through this Website, in the legally established terms for each type of product, with www.nomel.es therefore responsible for the lack of conformity of the same that manifests within a period of three years or two years for clothing from the delivery of the product.

In this sense, products are considered compliant with the contract as long as: they match the description made by www.nomel.es and have the qualities presented therein; are suitable for the ordinary uses of products of the same type; and have the usual quality and performance of a product of the same type and are fundamentally expected of it. When this is not the case regarding the products delivered to the User, they must proceed as indicated in the Defective Products Return or Shipping Error section. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as they derive from the type of material they are made of, and therefore will be part of the individual appearance of the product, and will not be considered a defect.

On the other hand, it may occur that the User acquires on the Website a product from a brand or manufactured by a third party. In this case, considering the User is dealing with a defective product, they also have the option to contact the responsible brand or manufacturer of the product to learn how to exercise their legal warranty rights directly with them within three years or two years for clothing, following the delivery of said products. To do so, the User must have kept all information related to the product’s warranty.

  1. LIABILITY EXEMPTION

Unless otherwise provided by law, www.nomel.es will not accept any liability for the following losses, regardless of their origin:

  • any losses not attributable to any breach on its part;
  • business losses (including loss of profit, income, contracts, expected savings, data, loss of goodwill, or unnecessary expenses incurred); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract of the products between both parties was formalized.

Similarly, www.nomel.es also limits its liability in the following cases:

  • www.nomel.es applies all measures concerning providing a faithful visualization of the product on the Website, however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues used, or similar problems.
  • www.nomel.es will act with maximum diligence to make the company in charge of transporting the product in the purchase order available. However, it is not responsible for damages arising from transportation malfunctions, especially due to causes such as strikes, roadblocks, and generally any other sector-specific issues that result in delays, losses, or theft of the product.
  • Technical failures that, due to accidental causes or otherwise, prevent normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. www.nomel.es uses all available means to carry out the purchase, payment, and shipping/delivery process of the products, however, it is exempt from liability for causes beyond its control, fortuitous events, or force majeure.
  • www.nomel.es will not be responsible for the misuse and/or wear of products that have been used by the User. At the same time, www.nomel.es will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
  • In general, www.nomel.es will not be liable for any breach or delay in fulfilling any of the obligations assumed when it is due to events outside its reasonable control, that is, due to force majeure, which may include, by way of example but not limited to:
    • Strikes, lockouts, or other reivindicative measures.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
    • Inability to use trains, ships, airplanes, motor transports, or other means of transportation, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

Thus, obligations will be suspended for the period during which the force majeure cause continues, and www.nomel.es will have an extension in the deadline to fulfill them for a period equal to the duration of the force majeure cause. www.nomel.es will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.

  1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with www.nomel.es will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that www.nomel.es sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights granted by law to the User.

The User can send notifications and/or communicate with www.nomel.es through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless stipulated otherwise, www.nomel.es may contact and/or notify the User via their email or the postal address provided.

  1. WAIVER

No waiver by www.nomel.es of a specific right or legal action or the failure to strictly require the User to comply with any of its obligations will constitute, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling their obligations.

No waiver by www.nomel.es of any of these Conditions or of the rights or actions arising from a contract will take effect unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

  1. INVALIDITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, without being affected by such a declaration of nullity.

  1. COMPLETE AGREEMENT

These Conditions and any document expressly referenced herein constitute the complete agreement between the User and www.nomel.es regarding the subject of sale and replace any previous agreement, whether verbal or written, agreed upon by the same parties.

The User and www.nomel.es acknowledge having consented to the conclusion of a contract without relying on any statements or promises made by the other party, except those expressly mentioned in these Conditions.

  1. DATA PROTECTION

The personal data that the User provides to www.nomel.es in the course of a transaction on the Website will be processed in accordance with the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data they provide is truthful.

  1. APPLICABLE LAW AND JURISDICTION

Accessing, browsing, and/or using this Website and the product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem, or disagreement that arises or is related to accessing, browsing, and/or using the Website, or the interpretation and execution of these Conditions, or the sales contracts between www.nomel.es and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

  1. COMPLAINTS AND CLAIMS

The User can send their complaints, claims, or any other comments they wish to make to www.nomel.es through the contact details provided at the beginning of these Conditions (General Information).

Additionally, www.nomel.es provides official complaint forms available to consumers and users, which they can request from www.nomel.es at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a controversy arises from the conclusion of this purchase contract between www.nomel.es and the User, the User as a consumer can request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. They can access this method through the following website: https://ec.europa.eu/consumers/odr/.