GENERAL INFORMATION
The ownership of this website, https://nanoescultor.com, (hereinafter NANO ESCULTOR) is held by: FERNANDO RODRÍGUEZ MONTILLA, with NIF: 07210608Q, whose contact details are:
- Tfno: +34 635 553 046
- Email: info@nanoescultor.com
- Postal address: AVENIDA JOSÉ FERNANDEZ LOPEZ, 16 2º, MÉRIDA, 06800, BADAJOZ, SPAIN.
This document regulates the Contracting Conditions governing this website https://nanoescultor.com for the purchase of the products offered. In addition to taking into account the present Conditions, please pay attention to our Legal Notice, Cookies Policy and our Privacy Policy before accessing, browsing and/or using this website.
For the purposes of these Conditions, the activity carried out by FERNANDO RODRÍGUEZ MONTILLA is:
- Sale of jewellery, sculptures and custom-made works.
By using this website and purchasing any of our products, the user agrees to be bound by these Terms and Conditions and therefore, if he/she does not agree, he/she should not use, browse or use this website.
You are also informed that these Terms and Conditions may be modified. The user will be responsible for consulting them each time he/she accesses, browses and/or uses https://nanoescultor.com, as those that are in force at the time the purchase of products is made will be applicable.
For any questions that the User may have regarding these General Conditions, please contact FERNANDO RODRÍGUEZ MONTILLA using the contact details provided above or by using the contact form.
THE USER
Accessing, browsing and using https://nanoescultor.com confers the condition of User, and therefore, from the moment the User starts browsing https://nanoescultor.com, he/she accepts all the Conditions that are established, as well as any subsequent modifications, without prejudice to the application of the corresponding legal provisions that must be complied with.
The user assumes responsibility for the correct use of https://nanoescultor.com. This responsibility extends to:
- Make proper use of https://nanoescultor.com to make legally valid enquiries and purchases of products.
- Do not make any false or fraudulent purchase. If NANO ESCULTOR considers any operation of this nature, could be canceled and informing the relevant authorities.
- Provide truthful and lawful data.
The User declares to be over 18 years old and to have legal capacity to enter into contracts through https://nanoescultor.com.
PURCHASE OR ACQUISITION PROCESS
In order to make any purchase on https://nanoescultor.com, the User must be of legal age.
Users duly registered in https://nanoescultor.com must follow the procedure of purchase and / or online purchase established by NANO ESCULTOR.
The steps to follow to make the purchase of products are:
1. Select one of the categories available at the top of the website.
2. Within each category select a subcategory.
3. View the different products and click on the selected one.
4. Read the description of the product and if it fits the selected product, select the number of units and click on add to cart.
5. Continue shopping and complete the purchase.
6. Check that the cart is correct.
7. Fill in the minimum data to process the order.
8. Select the payment method.
9. Read and accept the terms and conditions.
10. Click on place the order.
The user must fill in and check the information in each of the steps and the requested data can be modified before making the payment. If the modification is not possible, please contact us and tell us about the incident.
Subsequently, the user will receive a receipt or confirmation of the transaction through the email provided to NANO ESCULTOR.
Once the contracting process has been completed, the User agrees that NANO ESCULTOR will generate an electronic invoice, which will be available in their private area, can be sent to the email address provided or included with the shipment.
AVAILABILITY
All products shown https://nanoescultor.com are subject to availability at the time of consultation of the website, will be constantly updated the availability of the same, thus showing the units available as truthfully as possible in NANO ESCULTOR.
If there are difficulties in the supply of products or if there are no products in stock, NANO ESCULTOR undertakes to contact the user and reimburse the amount that has been paid.
In the case of not having stock or stock, you can contact NANO ESCULTOR to request information on the availability of the products concerned.
PRICES AND PAYMENT
The prices displayed on https://nanoescultor.com are final, in Euros (€) and include taxes, especially those relating to VAT.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs that may be incurred, which will be added to the total amount in due time to manage the shipping procedure by the user, and where it will consult the different delivery methods and the costs involved in each of them, so that the user can freely choose the one that suits him best.
In no case NANO ESCULTOR will add any additional cost to the price of the contracted products automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but the changes reflected will not affect orders or purchases that the User has made, has the receipt and has not been completed. We offer different payment methods:
a. By credit or debit card
You can pay immediately through our Bank's SSL secure payment gateway. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card. Credit cards will be subject to checks and authorizations by the issuing bank, NANO ESCULTOR will not be responsible for any delay or non-delivery due to this reason. By clicking on "Authorize Payment" or "Confirm Payment", the User guarantees that the credit card is his or her own or that he or she is the legitimate holder of the gift card or subscription card.
b. Bizum
Bizum will be used to authorise payment of the order via the telephone number indicated when making the payment. For this purpose, the user must have a Bizum account in order to be able to select this payment method. The user must ensure that you correctly enter the data for payment of the products, in case of error NANO ESCULTOR can not validate the order and will be canceled.
DELIVERY
In cases where it proceeds to make the physical delivery of the contracted good, deliveries will be carried out in the following territory: Worldwide. The delivery time will vary depending on the delivery area and the weight of the order.
FREE SHIPPING FROM 50€ ON YOUR ORDER IN MAINLAND SPAIN AND BALEARIC ISLANDS. In all other places the costs will be calculated at the time of order processing. Except in those cases where unforeseen or extraordinary circumstances arise or, derived from the personalisation of the products, we will try to ship the order of products listed in each Shipping Confirmation before the delivery date shown on the Shipping Confirmation in question or, if no delivery date is specified, within the estimated time indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
If for any reason, which was attributable to him, NANO ESCULTOR could not meet the delivery date, will contact the User to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date, change the delivery address or cancel the order with the corresponding refund. In the event that it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the day and time of the attempted delivery and where the order is and how to get it delivered again. If for any reason the User will not be at the designated address, please contact NANO ESCULTOR to change the address or postpone the delivery.
If for any reason, 30 days after the order is available for delivery and it has not been delivered for any reason not attributable to NANO ESCULTOR, it will be understood that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments made by the user will be refunded, minus any additional costs incurred. For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the address defined by the User.
TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User detects that there has been an error when entering data necessary to process the purchase request at https://nanoescultor.com, he/she can modify them by contacting NANO ESCULTOR through those means enabled to contact the customer service.
In addition, this information may be modified by the User himself in his personal section or area.
Similarly, the User is referred to consult the Legal Notice and Terms and Conditions of Use to obtain more information on how to exercise the Right of Rectification as established in the Organic Law 3/2018 of 5 December, on Data Protection and Guarantee of Digital Rights.
RETURNS
In cases where the User purchases products on or through https://nanoescultor.com, he/she has a series of rights:
- Right of Withdrawal
The User, in accordance with articles 68 and 102 of the Royal Legislative Decree 1/2007, of 16 November, which approves the General Law for the Defence of Consumers and Users, has the right to withdraw, with a minimum period of 14 calendar days without the need for justification.
This period shall expire 14 calendar days from the day on which the User or a third party designated by the User acquired material possession of the goods purchased at https://nanoescultor.com, or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party received the last of the goods making up the same order. To exercise this right, the User must notify NANO ESCULTOR of his decision. You can do so, if necessary, through the contact spaces provided at https://nanoescultor.com or through:
- Address: AVENIDA JOSÉ FERNANDEZ LOPEZ, 16 2º, MÉRIDA, 06800, BADAJOZ, SPAIN.
- Telephone: +34 635 553 046
- Email: info@nanoescultor.com
Regardless of the means chosen by the User to communicate the exercise of his or her right, he or she must clearly and unequivocally express his or her intention to withdraw from the contractual relationship. In any case, the User may use the model withdrawal form that NANO ESCULTOR makes available, although its use is not mandatory.
In the case of withdrawal, NANO ESCULTOR will reimburse the User all payments received, excluding shipping costs, by the same means by which the User paid without undue delay and, in any case, no later than 14 calendar days from the date on which NANO ESCULTOR is informed of the decision to withdraw.
However, NANO ESCULTOR may withhold such reimbursement until it has received the products or articles of purchase, or until the User provides proof of their return.
The User may return the order to the address indicated above.
The User alone shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges being aware of the exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the General Law for the Defence of Consumers and Users:
- The supply of goods made in accordance with the specifications of the consumer and user or clearly personalised.
Likewise, products must be returned using or including all their original packaging, instructions and other accompanying documentation as well as a copy of the purchase invoice.
- Return of defective products or delivery errors
We refer to all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, should contact NANO ESCULTOR immediately and let him/her know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section. The User will then be informed on how to proceed in cases of return of products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the product.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming the refund or replacement of the product.
The amounts paid for those products that are returned because of a defect or fault, when it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you and the costs incurred by the User to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase.
EXEMPTION FROM LIABILITY
Unless otherwise provided by law, NANO ESCULTOR accepts no liability for the following losses, regardless of their origin:
- Any loss that is not attributable to any breach by you.
- Business losses.
- Indirect losses that were not reasonably foreseeable by both parties at the time the purchase contract was concluded.
Likewise, NANO ESCULTOR only limits its liability to the following cases:
- NANO ESCULTOR applies all its measures to provide a true image of the product on https://nanoescultor.com, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used.
- NANO ESCULTOR will act with the utmost diligence in order to make available to the company responsible for the transport of the product of the purchase order.
However, it is not responsible for damages arising from a malfunction of transport, especially strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
- Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability in https://nanoescultor.com for maintenance or other reasons, which prevent the availability of the service. NANO ESCULTOR puts all the means at its disposal in order to carry out the complete purchase process of the products, however, is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
- NANO ESCULTOR will not be held responsible for the misuse and/or wear of the products used by the User. At the same time, NANO ESCULTOR will not be held responsible for an erroneous return made by the User.
- In general, NANO ESCULTOR will not be held responsible for non-fulfilment or delay in the fulfilment of some of the obligations assumed, when this is due to events beyond our reasonable control, i.e. due to force majeure.
NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
DATA PROTECTION
The information or personal data that the User provides to NANO ESCULTOR in the course of a transaction in https://nanoescultor.com, will be treated in accordance with the provisions of the Privacy Policy, General Conditions and Legal Notice. By accessing, browsing and / or using https://nanoescultor.com the user consents to the processing of such information and data and declares that all information or data provided are truthful.
APPLICABLE LEGISLATION
Access to, browsing and/or use of https://nanoescultor.com and contracts for the purchase of products through the same shall be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of https://nanoescultor.com or with the interpretation and execution of these Conditions, or with the contracts produced between the User and NANO ESCULTOR, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
WARRANTY
NANO ESCULTOR has a warranty period of three years for its products, in accordance with the provisions of Article 120 of Royal Decree-Law 7/2021 of 27 April, transposing directives of the European Union, have been strengthened some of the rights of consumers and users. The guarantee covers when the purchased product is not in conformity with the purchase contract. This is provided for in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, in its 116, which establishes that the products will be understood to be in conformity with the contract provided that they meet all the requirements expressed below, unless, due to the circumstances of the case, any of them are not applicable:
a) They conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
(b) are fit for the purposes for which goods of the same type are normally intended.
(c) are fit for any special use required by the consumer and user when he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use.
(d) they are of a quality and performance which are normal in a product of the same type and which the consumer and user may reasonably expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
CLAIMS AND COMPLAINTS
The User can send NANO ESCULTOR their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these General Conditions.
NANO ESCULTOR has some forms for returns and complaints for any disagreement that the User may have.
EXTRAJUDICIAL SYSTEM OF CONFLICTS/h2>
NANO ESCULTOR offers the User a procedure of Extrajudicial Resolution of Disputes that allows the user to file a claim by filling out an electronic form and offer them the option to attach relevant documents. Through the following link https://cec.consumo.gob.es/CEC/web/noticias/litigios_linea.htm, the user can start the procedure.