Terms and Conditions

NENA BARCELONA S.L.

 

Definitions

  1. NENA BARCELONA S.L: NENA BARCELONA S.L., established in Barcelona under Chamber of Commerce no. B10719086
  1. Customer: the person with whom NENA BARCELONA S.L. an agreement has been entered into.
  2. Parties: NENA BARCELONA S.L. and customer together.
  3. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of NENA BARCELONA S.L.
  2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices that NENA BARCELONA S.L. are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
  2. All prices that NENA BARCELONA S.L. uses for its products, on its website or which are otherwise made known, NENA BARCELONA S.L. change at any time.
  3. Increases in the cost prices of products or parts thereof, which NENA BARCELONA S.L could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation. 

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and payment term

  1. NENA BARCELONA S.L. may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The customer must have made payments in arrears within after delivery.
  3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without NENA BARCELONA S.L. the customer has to send a reminder or give notice of default.
  4. NENA BARCELONA S.L. reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, NENA BARCELONA S.L. is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
  2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to NENA BARCELONA S.L..
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  1. If the customer does not pay on time, NENA BARCELONA S.L. suspend its obligations until the customer has fulfilled its payment obligation.
  2. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of NENA BARCELONA S.L. immediately due and payable to the customer.
  1. If the customer refuses to cooperate with the execution of the agreement by NENA BARCELONA S.L., he is still obliged to pay the agreed price to NENA BARCELONA S.L. to pay.

Right of advertising

  1. As soon as the customer is in default, NENA BARCELONA S.L. entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. NENA BARCELONA S.L. invokes the right to complain by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to NENA BARCELONA S.L., unless the parties agree otherwise.
  4. The costs for returning or returning the products are for the account of the customer.

 

Right of withdrawal

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been tailor-made or modified especially for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  • the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
  • the product is not a loose magazine or newspaper
  • the consumer has not waived his right of withdrawal
  1. The reflection period of 14 days as referred to in paragraph 1 starts: On the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
  1. The consumer can make his appeal to the right of withdrawal known via service@nenabarcelona.com, if desired using the withdrawal form that is available via the website of NENA BARCELONA S.L., www.nenabarcelona.com. nenabarcelona.com, can be downloaded.
  2. The consumer is obliged to return the product to NENA BARCELONA S.L. within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

  1. If the consumer has made use of his right of withdrawal in good time and as a result the complete order has been sent to NENA BARCELONA S.L. has returned, NENA BARCELONA S.L. refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the consumer.
  2. The costs for delivery are only for the account of NENA BARCELONA S.L. insofar as the entire order is returned.

Reimbursement return costs

If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the entire order will be borne by the consumer.

 Right of suspension

 Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

 

Right of retention

  1. NENA BARCELONA S.L. can invoke its right of retention and in that case keep the customer's products in his possession until the customer has paid all outstanding accounts with regard to NENA BARCELONA S.L. has paid, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies under previous agreements from which the customer still owes payments to NENA BARCELONA S.L..
  3. NENA BARCELONA S.L.. is never liable for any damage that the customer may suffer as a result of using his right of retention. 

Settlement

Unless the customer is a consumer, the customer waives his right to settle any debt owed to NENA BARCELONA S.L. to be set off against a claim against NENA BARCELONA S.L.

Retention of title

  1. NENA BARCELONA S.L. remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards NENA BARCELONA S.L. on the basis of what with NENA BARCELONA S.L. any agreement entered into, including claims for failure to perform.
  2. Until then, NENA BARCELONA S.L.. invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If NENA BARCELONA S.L.. invokes its retention of title, the agreement is deemed to have been dissolved and NENA BARCELONA S.l.. the right to claim damages, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery takes place at NENA BARCELONA S.L., unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or are not paid on time, NENA BARCELONA S.L. the right to suspend its obligations until the agreed part has been paid.
  5. In the event of late payment, there is a default of creditors, with the result that the customer does not reimburse NENA BARCELONA S.L.. for a late delivery. can object.

Delivery time 

  1. The information provided by NENA BARCELONA S.L.. Delivery times stated are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts at the moment that the customer has completed the (electronic) ordering process in full and has received an (electronic) confirmation of this from NENA BARCELONA S.L..
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless NENA BARCELONA S.L cannot deliver within 14 days after receiving a written demand to do so or if the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which NENA BARCELONA S.L. cannot be held liable for any damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to NENA BARCELONA S.L. prior to transport, failing which NENA BARCELONA S.L. cannot be held liable for any damage.

Storage

  1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Guarantee

  1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Exchange

Exchanging purchased items is only possible if the following conditions are met:

  • exchange takes place within 14 days after purchase against presentation of the original invoice
  • the product is returned in its original packaging or with the original (price) tags still attached 
  • the product has not yet been used

 

  1. Discounted items, non-perishable items such as foodstuffs, custom-made items or specially adapted items for the customer and Lingerie, made-to-measure items, personalized items cannot be exchanged.

Disclamer

The customer indemnifies NENA BARCELONA S.L. against all third-party claims related to the services provided by NENA BARCELONA S.L. delivered products and/or services.

Complaints

  1. The customer must submit a certificate issued by NENA BARCELONA S.L. to examine the delivered product or service as soon as possible for any shortcomings.
  2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform NENA BARCELONA S.L. as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers should inform NENA BARCELONA S.L at the latest within 2 months after discovery of the shortcomings.
  4. The customer provides as detailed a description as possible of the shortcoming, so that NENA BARCELONA S.L. is able to respond appropriately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this cannot in any case lead to NENA BARCELONA S.L. can be held to perform other work than has been agreed. 

Notice of default

  1. The customer must notify NENA BARCELONA S.L. in writing of any notice of default.
  2. It is the customer's responsibility that a notice of default NENA BARCELONA S.L. actually reached (on time)

Joint and several liability customer

If NENA BARCELONA S.L. enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that it pays to NENA BARCELONA S.L. on the basis of that agreement. to owe.

Liability NENA BARCELONA S.L.

  1. NENA BARCELONA S.L. is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
  2. If NENA BARCELONA S.L. is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. NENA BARCELONA S.L. is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
  4. If NENA BARCELONA S.L. is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. has.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 Expiration period

 Any right of the customer to compensation from NENA BARCELONA S.L. lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement when NENA BARCELONA S.L. imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
  2. Is the fulfillment of the obligations by NENA BARCELONA S.L. not permanently or temporarily impossible, then dissolution can only take place after NENA BARCELONA S.L. is in default.
  3. NENA BARCELONA S.L. has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if NENA BARCELONA S.L. has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

 

Force of the majority

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of NENA BARCELONA S.L. in the fulfillment of any obligation towards the customer not to NENA BARCELONA S.L. can be attributed in any of the wills of NENA BARCELONA S.L. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from NENA BARCELONA S.L. may be required.
  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  1. If a force majeure situation arises as a result of which NENA BARCELONA S.L. If one or more obligations to the customer cannot be fulfilled, those obligations will be suspended until NENA BARCELONA S.L. can meet again.
  2. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  3. NENA BARCELONA S.L.. does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

 

Amendment of the agreement

 

  1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
  2. The previous paragraph does not apply to products purchased in a physical store.

 

Change of terms and conditions

 

  1. NENA BARCELONA S.L is entitled to amend or supplement these general terms and conditions.
  2. Minor changes can be made at any time.
  3. Major substantive changes will be made by NENA BARCELONA S.L discuss with the customer as much as possible in advance.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

 

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of NENA BARCELONA S.L..
  2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

 

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what NENA BARCELONA S.L had in mind when drafting the conditions on that point.

 

Applicable law and competent court

  1. Only Dutch law applies to every agreement between the parties.
  2. The Dutch court in the district where NENA BARCELONA S.L. is established / has a practice / has its office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

 

Prepared on 08 June 2022.