LEGAL NOTICE

 

A. TERMS OF USE

The following are the conditions of access and use of the website nicols.es owned by DANIVI, S.A.

 

Thank you for your interest in our website. At some point, you will be asked for your personal information. The transfer of this information is completely voluntary on your part, and all personal data will be processed in accordance with the European Directive on data protection. Whenever you are asked for personal data, you will find detailed information about our privacy policy.

 

Danivi S.A. (hereinafter referred to as The Company), a Spanish nationality company, with Tax ID number A 79090791 and registered office at Serrano, 86 28006 Madrid, Madrid Mercantile Register - Volume 9.530, General, 8.262, Section 3ª, Folio 197, No. 88.206-2, 1st Inscription, informs users of the Internet pages owned by Danivi, S.A. about the conditions of access and use of them:

 

1. The Company will not use the information regarding your personal data that is received through this website for any utility other than to provide personalized attention or to send you information about our products or services and our possible offers.

 

In compliance with current legal regulations on the protection of personal data, The Company informs you of the existence of an automated file of personal data, where such information is processed and stored, created for the management of online queries and requests for information related to one or several of the services offered by The Company, as well as for the sending of commercial information from The Company and informing about products and services of collaborating entities, business group or commercial network, which may interest you.

 

You are also informed about the possibility of exercising the rights of access, rectification, and cancellation of personal data requested in this form before the person responsible for the file, by sending a letter to the following address: Serrano, 86 28006 Madrid, or to [email protected] or [email protected].

 

The Company guarantees the custody of the data contained in this file, for which it will adopt measures to prevent its alteration, loss, and unauthorized access, always in accordance with the state of technology at any given time. The information provided by you will be incorporated into your Customer File.

 

2. Access and use of the Website

 

Access to and use of The Company's Website will be subject to these general conditions. The use of all web pages owned by The Company implies full acceptance by the User of all the General Conditions of Use in force at each time the user accesses it. The Company reserves the right to modify these Terms of Use at any time.

 

3. Intellectual and Industrial Property.

 

All content on The Company's web pages is subject to Intellectual and/or Industrial Property regulations. The rights to the content belong to The Company. The user may only view and obtain a private copy of the contents provided that such copy is exclusively for their personal and private use, and the use for commercial purposes is strictly prohibited.

 

4. User's responsibility for use and content.

 

Under no circumstances may the user modify or delete the identifying data that may exist of the rights of The Company or third parties. The user may only access the content through the means or procedures that have been made available to this effect on The Company's web page or are used habitually on the Internet for that purpose, provided they do not imply a violation of Intellectual/Industrial Property rights or any type of damage to The Company's web page and/or its information or services offered.

 

The user undertakes to use the services and information on The Company's web pages in accordance with the law, these general conditions, morals, good customs, and public order and to make correct and lawful use of the services contained and not to carry out the following activities: a) disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or contrary to human rights. b) perform acts contrary to the Intellectual and/or Industrial Property rights of their legitimate owners c) cause damage to the computer systems of The Company, its suppliers, or third parties and/or introduce or spread computer viruses, harmful software, or other types of systems that may cause damage to computer systems, d) transmit advertising or send electronic messages that are unsolicited or unauthorized.

 

5. Disclaimers and Limitation of Liability.

 

The Company shall not be responsible for the information, services, and/or products offered and/or provided by third parties through the Company's web pages, nor for the content provided by third parties.

 

The Company is not liable for any damage or harm to the user's software or hardware that may result from access to the Company's web pages or the use of information or applications contained therein.

 

The Company does not guarantee that the contents of its page are suitable or available outside of Spain. In the event that all or part of the contents of the Company's web page are considered illegal in countries other than Spain, access to them and their use by users is prohibited, and if this occurs, it will be exclusively under the responsibility of the users, who are obliged to comply with the applicable national laws.

 

The use made of the information and contents appearing on the Company's website and/or access to other third-party websites through connections or "links" that appear on the Company's page will be under the sole responsibility of those who carry out such acts, and the Company is not liable in any case for any damage or harm that may arise from such uses or activities.

 

6. General.

 

The Company reserves the right, without prior notice and at any time, to temporarily suspend access to its website and to make the modifications it deems appropriate to the page, the services or information offered, the presentation or localization of the same, and the conditions of access and use of the Company's website.

 

All information received on this web page will be considered granted to the Company free of charge, including for the Company's commercial use within its scope and the same business group.

 

For this purpose, you can address the Legal Advisory Department of the Company, with its registered office at Serrano, 86, 28006, Madrid, which will indicate the channels to follow in each case. All matters relating to the Company's website are governed by Spanish legislation and are subject to the jurisdiction of the competent Courts and Tribunals.

 

B. GENERAL CONDITIONS OF SALE.

 

Every sale made through this website and its process will be regulated by these General Conditions of Sale, hereinafter, General Conditions.

 

The owner of the page and seller or service provider is DANIVI, S.A., hereinafter THE COMPANY.

 

The General Conditions bind the owner of the page and the buyer (Client), granting them a series of rights and obligations, from the moment they make and accept an order through this page. They are mandatory and known by both parties, so their acceptance is essential to formalize an order. Therefore, the Client must carefully read these conditions.

 

These General Conditions will be regulated and adjusted in accordance with the current legal regulations and the following points:

 

1. PARTICIPATING PARTIES

 

SELLING COMPANY

 

The Company is the owner of the website nicols.es

 

Website: http://nicols.es

 

Web orientation: JEWELRY, WATCHES, COSTUME JEWELRY, AND GENERAL GIFT ITEMS.

 

Company owner: DANIVI S.A.

 

Trade name: Nicols

 

Registered office: Serrano, 86, 28006 Madrid

 

Contact Details: Serrano, 86, 28006 Madrid

 

Email: [email protected] or [email protected]

 

CLIENT

 

 

Will be considered as Client any user of the Website who places an order and accepts it at the time of its execution, or any entity that provides its data by registering as a Client in accordance with these General Conditions.

 

The Client must register as such and provide the following data as mandatory to place the order: first and last name with their DNI/NIF or corporate name with their CIF, billing address or corporate address, usual delivery address, contact person for delivery, contact telephone number and contact email, payment method details with card, PayPal, aplázame, Apple Pay or Google Pay.

 

2. OBJECT OF THE CONTRACT

 

The mission of THE COMPANY is to offer through this website the proprietary products or those of third-party brands that the commercial brand Nicols makes available to customers.

 

THE COMPANY undertakes to provide the material, immaterial, and human resources necessary to:

 

* Display on the website the widest possible offering of products, striving to have the greatest variety.

* Keep the selling prices of the products as up-to-date as possible.

* Endeavor to make technical and descriptive information about the products available to the customer whenever possible.

* In the event that the customer formalizes an order, manage the location of the products ordered by the customer.

* Once the products are available, manage the processing of the order until its delivery to the transport agency that will take the products to the customer.

* Manage Exchanges/returns, provided they meet the requirements detailed further below in these GENERAL CONDITIONS OF SALE.

 

3. OFFER PROCESS

 

Each product has a data sheet where the description of the product and its sale price including VAT (Value Added Tax - currently 21%, which may vary according to the legislation in force at any given time) are listed. For the correct calculation of this tax, the customer must indicate on the website the same address, whether INTRA EU or EXTRA EU personal and delivery address, i.e., both addresses must be either both INTRA EUROPEAN UNION or EXTRA EUROPEAN UNION. Customers outside the EU (European Union) will not pay this tax on the website as long as the product is sent directly to their EXTRA EU fiscal address or another address BUT ALWAYS EXTRA EU, so they must detail an EXTRA EU shipping address on the website. Customers outside the EU, who want to pick up or receive the product at a location within the EU, must indicate this INTRA EU shipping address in their personal fiscal address, with the website calculating the final price of the product with VAT included, and if the customer wishes, and is a resident outside the European Union, they can request that the TAX-FREE document be sent to them along with the product, which they can then deliver to the EU customs for them to stamp it, complying with the established requirements, and the Spanish tax authorities proceed to refund it as appropriate. THE COMPANY reserves the right to cancel any order that does not meet these fiscal requirements and that therefore the final price to be charged is calculated incorrectly.

 

The final purchase price of a product or its shipping costs may vary depending on the destination region of the product, or the method of payment, as the costs may vary depending on the geographical area where it is sent and depending on the method of payment, a series of discounts may or may not be accessed. In any case, as the customer indicates the delivery address and the method of payment, the page will offer the exact price at all times of the products. Always before confirming an order, the customer will be fully informed of all existing costs and exact prices.

 

In most cases, the product sheet will include a photograph of the product, as well as its technical characteristics, as far as possible in accordance with the manufacturer's specifications.

 

The final price of the products is the one that appears on the Website at the time of placing the order, once a method of payment and place of delivery have been established. In the case of typographical error, typo, or technical or technological error, we will contact you for information purposes.

 

4. OFFER ACCEPTANCE PROCESS

 

This occurs at the moment the Customer gives their express consent to the order made, and subsequent to the acceptance of the General Conditions. It materializes upon accepting these and clicking on the "CONFIRM ORDER" button on the order execution screen. At that time, the customer will be asked for the payment method they wish to use to pay for the order. Once selected, THE CUSTOMER must pay for the order in full.

 

The contract for the purchase of products is formalized at that very moment, and the rights and commitments established in the applicable regulations and those set out in these general contracting conditions are acquired. This contract is considered dissolved if the payment for said purchase contract is not made within the following 72 hours.

 

5. PAYMENT OF ORDERS

 

The payment of orders will be made within 72 hours after the "ORDER CONFIRMATION". Otherwise, it will be understood as a WITHDRAWAL OF THE PURCHASE. In the case that payment is made and at that moment the product is out of stock, THE COMPANY will contact the customer to solve it. In case the customer wants to return the amount, this will be done within a maximum period of 14 days, in the same way it was paid. The Company will inform the customer about any order that due to technical issues produces an error in the final price charged to the customer, or that verifies that the defined amount has not been charged.

 

6. PAYMENT METHODS FOR ORDERS

 

THE COMPANY will make various payment methods available to the customer, among which can be found:

 

* Payment with VISA/MASTERCARD/AMERICAN EXPRESS card

* Payment via PayPal

* Payment by bank transfer/bank deposit

* Cash on delivery for orders less than €2,500

* Payment by financing the purchase through the APLAZAME system

* Payment via Apple PAY or Google PAY

* Bitnovo Payments with Cryptocurrencies. Money is not refunded.

THE COMPANY may expand or reduce the number of payment methods at any time, as long as it does not affect contracts already established.

 

The customer will select the chosen payment method among those available at the time of purchase.

 

- Payment by credit card:

 

The customer can choose payment by credit card, at which time they will automatically access a secure payment gateway managed by a Spanish financial entity, which will be responsible for carrying out the appropriate procedures with the customer to verify the validity of the operation.

 

- Payment by PayPal card:

 

The customer can choose payment via PayPal card, at which time they will automatically access a secure payment gateway managed by PayPal, which will be responsible for carrying out the appropriate procedures with the customer to verify the validity of the operation.

 

- Payment by bank transfer/bank deposit:

 

Payment by these systems will mean that all costs of the same, whether from the issuing entity of the transfer as from the receiving entity of the same, must be assumed by the customer. THE COMPANY must receive the total amount of the product price agreed on the website. In case another amount is received, THE COMPANY will contact THE CUSTOMER to make a transfer for the remaining amount.

 

- Payment by financing with the APLAZAME system:

 

With APLAZAME, the CLIENT can pay for their purchase in 3, 4, 6, 10, or 12 installments with their bank card from an amount of €90 up to €2,500 and with the interest conditions and commissions that APLAZAME establishes for each purchase.

 

• All payments will be made periodically on the CLIENT's card (the first payment is made at the time of purchase).

• Valid for VISA or MasterCard, debit or credit cards, issued by Spanish financial entities with a validity date greater than the duration of the selected financing modality.

• Virtual cards, prepaid cards, or American Express cards are not accepted.

• Reserved for individuals, of legal age, with residence and delivery address in Spain.

• APLAZAME is a payment deferral facility offered by APLAZAME Servicios Financieros EFC, SAU, a financial entity registered and supervised by Banco de España with number 8814.

• APLAZAME will inform the CLIENT of the expenses/interest and other costs that will be charged to the CLIENT for the various concepts associated with this FINANCING service, as well as their rights, obligations, etc.

• THE COMPANY does not carry out the financing service, but it is offered to the CLIENT by the company Wizink Bank S.A.U., provided with C.I.F. A-81.831.067 and will be contracted by the unilateral decision of the CLIENT accepting at the moment the conditions that APLAZAME has communicated.

• For any questions related to APLAZAME, you can contact the Customer Service of APLAZAME Servicios Financieros at the following email address: [email protected],

 

- Payment with Bitnovo Cryptocurrencies:

 

We currently process payments with the following cryptocurrencies and do not charge any fee for choosing one option over another:

 

•          Bitcoin (BTC)

•          Bitcoin Lightning (BTCL)

•          Tether (USDT) - Ethereum Network, Polygon Network, Tron Network & Solana Blockchain.

•          USD Coin (USDC) - Ethereum Network, Polygon Network & Solana Blockchain.

•          Ethereum (ETH)

•          Dash (DASH)

•          Bitcoin Cash (BCH)

•          Dai (DAI) - Ethereum Network, Polygon Network & Solana Blockchain.

•          Ripple (XRP)

•          Tron (TRX)

•          Algorand (ALGO)

•          Solana (SOL)

 

Return and Cancellation Policy with Bitnovo Cryptocurrencies

 

Due to regulatory reasons and AML prevention norms, when a payment is made, it is not possible to reverse it through a blockchain transaction of the same type. However, we can process returns through "Bitnovo return vouchers," allowing you to receive a voucher for the value of your purchase in euros, which can be redeemed for the cryptocurrency of your choice within the Bitnovo app.

 

This voucher contains a unique code and does not have an expiration date, so you can choose to redeem it whenever you wish.

 

7. DELIVERY TIMES AND ORDER DELIVERY

 

The delivery times for orders depend on the availability of the product or products that compose them, which is indicated on each product on the website.

 

If this delivery time cannot be met, we will contact the customer to decide if they prefer the cancellation and refund of the amount or, conversely, to wait until it is available, or other options permitted by law.

 

Orders will be delivered by the transport company chosen by THE COMPANY to the delivery address indicated by THE CLIENT in the order confirmation.

 

These details will be recorded in the delivery note of the transport company, which will indicate, if it is their method of operation at that time, also the number of packages of the shipment, the total weight, and the order number.

 

THE CLIENT will receive with each order, within the package, a DETAILED INVOICE, with the CLIENT's data and taxes separated. The invoice automatically issued by the system is NOT LEGALLY VALID. Only the INVOICE received along with the product must be kept by THE CLIENT as proof of the purchase made. No type of "screenshot" or email of the ORDER MADE is valid as proof of purchase. Only the INVOICE issued on THE COMPANY's corporate paper and received along with the requested product will be valid.

 

If at the time of delivery it is visibly and clearly apparent, without the need to handle the shipping packaging or the product's own packaging, that a product has defects caused by transport damage or an error in the received merchandise is noticed in the same way, we recommend that the Client note it on the delivery note of the transport company and communicate it to THE COMPANY as soon as possible,

 

by email directed to [email protected] or [email protected].

 

THE COMPANY makes shipments to all continents provided that the approved and quality transport service (such as FEDEX, NACEX, CORREOS EXPRESS, or similar) allows for insuring 100% of the value of the purchased product. This insurance covers the journey from THE COMPANY's offices to the location detailed by the client for delivery. THE COMPANY will always charge the taxes in force in Spain at the time of purchase, with THE CLIENT being responsible for the payment of taxes, charges, customs procedures, and/or reception costs of the country to which THE CLIENT has indicated the shipment of the product purchased on this website. THE CLIENT may request THE COMPANY to issue a TAX-FREE INVOICE, which THE CLIENT will manage according to the conditions established by the SPANISH TAX AUTHORITY at any given time.

 

Given the high value of the pieces, THE COMPANY offers its customers the option to pick up their orders at one of its boutiques located in Madrid.

 

C/ José Ortega y Gasset, 11. Tel: 915756503

C/ Serrano, 86. Tel: 914316837

C/ Goya, 12. Tel: 914354177

C/ Goya, 55. Tel: 914357265

 

 

8. ORDER CANCELLATION

 

THE CLIENT may at any time cancel an order within a maximum period of 14 days, incurring return costs for THE CLIENT, if applicable. If the client makes it known to THE COMPANY, it will not charge return fees. In the event that THE COMPANY carries out the collection, the client will be charged the return costs, which amount to 25€ plus VAT for the Iberian Peninsula, 40€ for the Balearic Islands, Ceuta, Melilla, and the Canary Islands, and 200€ for the rest of the European Union.

 

In these cases, we recommend that the order be canceled by sending an email to [email protected] or [email protected] requesting the cancellation of the order, stating the reasons.

 

THE CLIENT may not cancel an order for which they have requested product engraving.

 

THE COMPANY may cancel an order if the amount of said order is not received within three days following the placement of the order.

 

9. PRODUCT WARRANTY

 

For products purchased in Spain, everything provided for in Law 4/2022, of February 25, on the protection of consumers and users against situations of social and economic vulnerability, will apply. Under this Law, THE COMPANY will respond to the Client for any lack of conformity due to MANUFACTURING DEFECTS that exist at the time of delivery of the products, understanding these as tangible goods intended for private consumption.

 

THE COMPANY gives the warranty and therefore will be responsible for the lack of conformity of the products it sells through this website when such non-conformity existed at the time of delivery and is manifested within three years thereafter, provided that it is communicated within two months from when it becomes known. In this case, and at the consumer's choice, once THE COMPANY has verified the lack of conformity, it will proceed free of charge to repair or replace the item, provided that it is possible and proportional to the circumstances. Otherwise, the consumer may choose between a proportional price reduction or the termination of the contract. Resolution will not proceed when the lack of conformity is of minor importance.

 

The engraving NICOLS or NICOL´S that appears in the jewelry images will only be performed if the client expressly requests it. THE COMPANY always leaves that space free to perform the engraving that each person wishes, in case they want to personalize their jewelry.

 

Warranty cases will not be accepted when products have been misused or not in accordance with their characteristics by the Client. These characteristics are as follows:

 

- Gold loses its natural shine when it comes into contact with hard or chemical elements.

- Pearls or stones can be damaged upon contact with hair sprays, alcohols, perfumes, blows, and even by the skin.

- To preserve your jewelry, we recommend cleaning it with a soft cloth before storing it, always separately, and avoiding wearing it when working.

- Pieces made in White Gold, originally light yellow in color, are treated with a chemical element that forms an outer film called RHODIUM. Rhodium adheres to gold and/or silver, giving it more shine and a specific exterior color, which can be white, black, or gray. This element wears off over time and with the use of chemicals, water, and normal rubbing, returning the piece to its original color. It is recommended to perform a polishing and rhodium plating service annually on this type of pieces, which will be quoted to the client when requested.

- Certain materials with which our products are made may produce allergies, which we are unaware of and cannot take responsibility for. If you experience any effects, please remove them and see a doctor.

- On rare occasions, gold/silver jewelry can turn the skin black, and this is a result of chemical reactions of the metal in contact with the skin or other environmental agents.

- The stones used may be treated, colored, or dyed.

 

Furthermore, the warranty is void in cases of:

- Abnormal or non-compliant use of the products.

- Impacts, scratches, symptoms of mistreatment.

- Breakage or detachment of stones, pearls, or elements applied to the pieces, caused by impacts or misuse.

- Treatment of the piece with abrasive agents.

- Changes, repairs, or transformations of the piece by agents other than THE BRAND.

 

To claim this warranty, the Client must contact THE COMPANY by email at [email protected] or [email protected], indicating: the name of the ticket or invoice holder, order number, ticket or invoice number, and the reason for non-conformity.

 

WATCH WARRANTY:

 

Your watch is warranted by THE COMPANY for a period of twenty-four (36) months from the date of purchase under the terms and conditions of the manufacturer's warranty detailed within the WARRANTY CERTIFICATE found in the case of each watch. The international warranty covers defects in material and workmanship existing at the time of purchase of the watch. The warranty will only come into effect on the date of the invoice that THE COMPANY provides to you.

 

This BRAND warranty does not include:

 

- The battery life;

 

- Normal wear and tear (e.g., scratched crystal; alteration of the color and/or material of non-metallic straps and chains, such as leather, plastic, fabric, velcro; peeling of the plating);

 

- Any damage to any part of the watch resulting from abnormal/abusive use, lack of care, negligence, accidents (impacts, dents, crushing, broken glass, etc.), improper use of the watch;

 

- Defects caused by contact with corrosive acids or other products;

 

10. RIGHT OF WITHDRAWAL AND RETURN

 

1. RIGHT OF WITHDRAWAL

 

If when you receive your order you are not satisfied, THE CLIENT has a period of fourteen (14) days from the date of receipt to exercise the right of withdrawal as conferred by 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, and proceed with the return of the product.

 

Returns from the shipping address: In the case of a return, THE COMPANY will refund all payments received from the client, including, where applicable, the delivery costs. However, the client will assume the direct costs of returning the goods, understood as the postal shipping costs of the same.

 

Once the goods are received in our warehouses, and after checking the state of non-use, the return of the original packaging and case, and the SEAL that the product carries is unbroken, we will proceed with the refund of its amount according to the payment method made by the client. The client will be responsible for any diminished value of the goods resulting from a handling of them other than what is necessary to establish their nature, their characteristics, or their functioning, so in this case, the client will receive the value of the good in the conditions of receipt.

 

To make your return, send us an email using the withdrawal form model, through the following address: [email protected] or [email protected], or by calling 915 776 663.

 

Items purchased online (www.nicols.es) may not be returned in our stores, they must be returned to the address of our registered office, DANIVI S.A, Nicols, Serrano, 86, 28006 Madrid

 

Excluded from the right of withdrawal are products that have been engraved or personalized at the client's request and/or connected watches with a mobile terminal that have undergone the initiation of the digital system and/or data entry and/or connection to a mobile terminal.

 

Model of withdrawal form

 

(You only need to fill out and send this form if you wish to withdraw from the contract)

 

To the attention of DANIVI, S.A. Calle Serrano 86 28006 Madrid [email protected]

 

I hereby communicate (*) that I withdraw from my/our (*) contract of sale of the following good/provision of the following service (*)

 

– Ordered on/received on (*)

 

– Name of the consumer and user or of the consumers and users

 

– Address of the consumer and user or of the consumers and users

 

– Signature of the consumer and user or of the consumers and users (only if this form is submitted on paper)

 

– Date

 

(*) Delete as appropriate

 

The text in the image appears to be a section of a legal notice, specifically part 2 titled "Right of Return" and goes on to include sections 11 to 14, which cover various obligations and rights of the client and the company.

 

2. RIGHT OF RETURN

 

Providing maximum quality and the best guarantee is our commitment to our customers, which is why THE COMPANY extends the customer's rights with this RIGHT OF RETURN.

 

Once the 14-day period has elapsed, THE CLIENT may make use of the RIGHT OF RETURN, which empowers THE CLIENT to exchange the purchased products within a maximum period of 30 days from the date of receipt at their address.

 

For this, THE CLIENT must contact THE COMPANY via email at the address [email protected] or [email protected] indicating the purchase number or invoice and the name of the client, and the intention to exchange, i.e. if the client prefers a VOUCHER for the total amount, another product of higher price paying the difference, or a product of lesser price where the difference is credited via VOUCHER. These VOUCHERS can be used for a future purchase at www.nicols.es and will have no expiration date.

 

The exchange will be carried out by the client preparing the unused product with its SEAL as it was sent, along with its original packaging, case, and sending it to the address Calle Serrano 86 28006 Madrid to the attention of WEB LOGISTICS DEPARTMENT.

 

Once the product is received by THE COMPANY, and after checking that it has not been used, the return of the original packaging and case, and the SEAL on the product is unbroken, the company will accept this CHANGE, sending confirmation by email to THE CLIENT and detailing the existence or not of the new selected product if applicable.

 

From this moment a NEW PURCHASE PROCESS would begin, where the additional difference to be paid for the new selected product would be indicated, or the VOUCHER for the difference in favor would be sent if the latter is of a lower amount than the first, along with the new selected product. The transport costs of this new purchase process, of the new product from THE COMPANY to THE CLIENT, would be assumed by THE COMPANY.

 

Excluded from the right of return are products that have been engraved or personalized at the client's request and/or watches connected to a mobile terminal that have had the digital system initiated and/or data input and/or connected to a mobile terminal.

 

11. CLIENT OBLIGATIONS

 

Read the present General Conditions prior to accepting the order.

 

Respect the General Conditions once the order has been accepted.

 

Pay the agreed prices at the time of order placement and thereafter.

 

12. COMPANY OBLIGATIONS

 

Deliver the product in good condition at the fixed delivery location.

 

13. CLIENT RIGHTS

 

In the case of receiving products, that they are received in the agreed conditions and that they are in perfect state.

 

The immediate return of any amount advanced to the company in the event that the company cannot provide the products in the agreed conditions.

 

Cancel the order, exercise the right of withdrawal and/or the right of exchange, in the cases established in these General Conditions and provided that the client did not request in the order, or later by email, the engraving of the product.

 

14. NOTIFICATIONS

 

For the purposes of notifications, requirements, and writings of any kind that this contract entails, the address of THE COMPANY indicated in these General Conditions will be considered as such.

 

The text from the image translates to English as follows:

 

---

 

**15. VALIDITY OF THE CLAUSES**

 

Even if the invalidity or inapplicability of a clause of this contract or part thereof is declared, the rest of the clauses or parts thereof will continue to be valid and have value.

 

**16. APPLICABLE LAW**

 

These General Conditions are governed by the current Spanish legislation, specifically by: the Civil Code, the General Law for the Defense of Consumers and Users of June 19, 1984, Law 7/98 of April 13 on General Contracting Conditions, Law 7/96 of January 15 on Retail Trade Organization, Directive 2000/31 EC of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce, Law 4/2022 of February 25 on the protection of consumers and users against situations of social and economic vulnerability, and the regulations that develop them.

 

**17. CLAIMS**

 

We inform you that there are free complaint forms available to the consumer (Decree 152/2001, of September 13). You can collect and fill them out at the following address: Serrano, 86, 28006, Madrid.

 

**PRIVACY POLICY**

 

Welcome to our NICOLS website. We recommend that you carefully read our Privacy Policy, which we kindly ask you to refer to whenever you visit the NICOLS page, browse its pages, or use its services, regardless of whether you purchase the products or not.

 

For NICOLS, the protection of personal data of visitors and customers of the page (for example, identifying data) as well as financial information (for example, the credit card number) that they provide us with is of utmost importance. For this reason, NICOLS adopts specific policies and security measures to protect your personal data. Next, NICOLS will provide the information that allows you and all visitors to the page to be fully informed about NICOLS' Privacy Policy.

 

**IDENTITY OF THE DATA CONTROLLER**

 

Through this legal notice and privacy policy, DANIVI, S.A. (hereafter “THE PROVIDER” or “NICOLS”), with its registered office at Calle Serrano 86, 28006 (Madrid), informs users who visit the website https://nicols.es of its Privacy Policy, describing what data it collects, how it uses it, and the options of the users in relation to this data, including how to access and update it.

 

The use of the website of THE PROVIDER and any of the services incorporated into it, implies full acceptance of the conditions stated in this privacy policy.

 

**DATA COLLECTION AND CONSENT**

 

In compliance with Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), Royal Decree 1720/2007, of December 21, which approves the regulations for the development of Organic Law 15/1999, of December 13, on the protection of personal data, and the General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and the Council of April 27, 2016, it is informed that the personal data requested in our forms or that may be provided through our email addresses will be included in our personal data files, for which THE PROVIDER is responsible and the owner.

 

Additionally, when a user fills in any of the forms with the personal data requested, under the GDPR, they must provide unequivocal and explicit consent, which is revocable and without retroactive effects.

 

We inform you that all personal data will be treated with the utmost confidentiality and in accordance with current regulations on the protection of personal data.

 

The user accepts that all their personal data will be fully transferred to Aplazame from the moment the user has initiated the contracting of the deferred payment service offered by the latter at the time of choosing the payment method. This acceptance extends to third parties that may need to access the files for the successful conclusion of the contract.

 

THE PROVIDER is not responsible for the processing of personal data from web pages that users may access through the various links contained on our web page.

 

This website is governed by the regulations exclusively applicable to the Spanish State, to which all individuals, both national and foreign, who use this web page are subject.

 

**LEGAL BASIS FOR PERSONAL DATA PROCESSING**

 

We inform you that all personal data will be treated with the utmost confidentiality and in accordance with the new European regulation on personal data protection, the applicable legislation for the capture and processing of personal data is as follows:

 

Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).

 

Royal Decree 1720/2007, of December 21, which approves the regulations for the development of Organic Law 15/1999, of December 13, on the protection of personal data.

 

Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 (GDPR).

 

Our files are registered in accordance with the aforementioned legislation, and with the corresponding security measures. If users do not feel protected in their personal rights, they could file a complaint with the Spanish Data Protection Agency.

 

**PURPOSES OF PROCESSING**

 

The data we request is appropriate and necessary for the purpose

 

for which it is collected, it will not be used for a purpose other than that for which it was provided, and in no case will it be transferred to third parties without the consent of the owner.

 

The user is not obliged to provide us with their personal data, however, they are absolutely necessary to be able to carry out the services we offer.

 

In accordance with Regulation 2016/679 of the European Parliament and the Council of April 27, 2016, the purpose for which personal data is collected is: To provide information about the products of THE PROVIDER, and if applicable, to invoice the services performed by the same and requested by the client on this portal.

 

Unless specifically stated otherwise, it will be considered necessary to fill in all the fields of each form, for which the user will have to provide us with their true, accurate, complete, and updated data.

 

The user will be solely responsible for any direct or indirect damage or harm that may be caused to THE PROVIDER or to any third party by filling in the forms with false, inaccurate, incomplete, non-updated data, or with data from third parties.

 

**USER'S PERSONAL DATA ACCESS, RECTIFICATION, CANCELLATION, AND OBJECTION RIGHTS (ARCO rights)**

 

In accordance with the rights of the data subject contained in Chapter III of the Regulation, the user has the right to access the information concerning them, collected in the web owner's files, to correct it if it is wrong, to cancel it or oppose its processing under the terms established by the law, by addressing:

 

Via email: [email protected]

 

Postal address: DANIVI, S.A. Calle Serrano, 86 28006 Madrid.

 

Attaching a photocopy of the DNI or proof of identity document.

 

It is important that, to keep personal data updated, the web owner is informed whenever there has been any change in them. Otherwise, THE PROVIDER is not responsible for the veracity of the data.

 

If the user does not expressly cancel their personal data from THE PROVIDER's files, it is understood that the user is still interested in being incorporated, as long as it is appropriate for the purpose for which they were obtained.

 

The content of exercising ARCO rights includes the following:

 

To exercise the Right of Access, any user has the right for THE PROVIDER to confirm whether they are processing their personal data. The user will have the right to obtain a copy of the personal data undergoing processing, and they may even be provided with remote access to it.

 

Regarding the right of rectification, the possibility is offered to rectify personal data that is inaccurate and concerns the data subject. The interested party will have the right to complete personal data that is incomplete, as long as it is not attributable to the web owner.

 

The right of cancellation, the user requests that their personal data be deleted from the database of the owner of the same.

 

The right of opposition, the holder of the right, requests the data file manager to stop processing their personal data.

 

**SECURITY OF PERSONAL DATA**

 

THE PROVIDER informs users that all the necessary technical and organizational measures have been adopted to safeguard the security of the files containing personal data, as required by current regulations.

 

**COMMERCIAL COMMUNICATIONS BY EMAIL**

 

In compliance with Article 21 of the Law on Information Society Services and Electronic Commerce (Law 34/2002, of July 11, on Information Society Services and Electronic Commerce), which prohibits the sending of commercial communications via email that have not been expressly authorized by the recipients beforehand.

 

In accordance with the new European Regulation (GDPR) 2016/279 of the European Parliament and of the Council of April 27, 2016, if the user wishes to receive commercial information, they must provide their explicit and unequivocal consent through our website.

 

If you wish to revoke this consent, you can contact THE PROVIDER by email at [email protected], or by sending a letter to DANIVI, S.A. Calle Serrano, 86 28006 Madrid, always accompanying a photocopy of your D.N.I., or proof of identity document.

 

**MODIFICATION OF THIS CONFIDENTIALITY POLICY**

 

THE PROVIDER reserves the right to modify its data protection policy in the future according to its criteria, or due to a legislative, jurisprudential, or business practice change. If THE PROVIDER introduces any modification, the new text will be published on this same page, where the user can be aware of the data protection policy. In any case, the relationship with the user will be governed by the regulations in force at the precise moment of accessing the website and, therefore, it is mandatory to read them every time you provide us with your data through our website.

 

The use of the website nicols.es attributes the condition of user to whoever makes use of it, who accepts the present Conditions which they have had the opportunity to become aware of.

 

---