Terms and Conditions
1. GENERAL INFORMATION
The ownership of this website Nyathera, (hereinafter the Website) is held by: Nelson Tali Gomes Datucampul, and whose contact details are:
Contact email: contact@nyathera.com
This document (as well as other documents mentioned here) regulates the conditions by which the use of this Website nyathera.com is governed, as well as the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out through the Website http://nyathera.com/ includes:
Marketing and distribution of shoes, accessories, and clothing for men and women under the brand NYATHERA.
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 Terms of Use, including the cookie policy, and the privacy and data protection policy of http://nyathera.com/. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if they do not agree with it, 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 of requesting the purchase of products and/or services will be applicable.
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.
2. THE USER
Access, browsing, and use of the Website, grant the condition of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), so all the Conditions established here are accepted from the moment the navigation of the Website begins, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that are mandatory as the case may be.
The User assumes their responsibility for the proper use of the Website. This responsibility will extend to:
Using this Website only to make legally valid inquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be canceled and the relevant authorities will be informed.
Providing truthful and lawful contact details, such as email address, postal address, and/or other data (see Legal Notice and General Terms 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 User may formalize, at their choice, with http://nyathera.com/, the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Properly registered Users can make purchases on the Website through the established means and forms. They must follow Nyathera’s online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket, or final shopping space and, finally, click on “Buy/ pay now.”
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Subsequently, the User will receive an email confirming that http://nyathera.com/ has received their order or purchase request and/or service provision, that is, the order confirmation. And, if applicable, they will also be informed via email when their purchase is being shipped. In this case, this information may also be made available to the User through their personal connection space to the Website.
Once the purchase process is complete, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, if desired, through their personal connection space to the Website. Likewise, the User can obtain a paper copy of their invoice, if desired, by requesting it from http://nyathera.com/ using the contact spaces on the Website or through the contact details provided above.
The User acknowledges that, at the time of purchase, they are aware of certain specific sales conditions concerning the product and/or service in question, which are displayed alongside its presentation or, where appropriate, image on the Website page, indicating, by way of example, but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the way in which the services will be provided and/or their cost; and acknowledges that placing the purchase order or making the acquisition fully and completely materializes the acceptance of the specific sales conditions applicable in each case.
The communications, purchase orders, and payments involved during the transactions carried out on the Website may be archived and stored in the computer records of http://nyathera.com/ in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the current laws and regulations that are applicable in this regard, and particularly complying with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that correspond to Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by http://nyathera.com/ through the Website are subject to the availability of the products and/or to no circumstance or force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. If there are difficulties in the supply of products or if there are no products in stock, http://nyathera.com/ undertakes to contact the User and refund any amount that may have been paid as a payment. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless required by law, especially with regard to VAT, where a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, http://nyathera.com/ carries out delivery services and/or shipping through: Post CH.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases that the User has already placed.
Accepted methods of payment will be: Credit or debit card, and PayPal.
http://nyathera.com/ uses all means to guarantee 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 will be subject to checks and authorizations by the issuing bank, if such entity does not authorize payment, http://nyathera.com/ will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.
Once http://nyathera.com/ receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User receives the shipping confirmation and/or confirmation of the service provided in the form and, where appropriate, place established.
If the payment method is PayPal, the charge will be made at the time http://nyathera.com/ sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on “Buy/ pay now” the User confirms that the payment method used is their own.
6. DELIVERY
In cases where physical delivery of the contracted good is to be made, deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands), European Union, Rest of Europe Except in cases where unforeseen or extraordinary circumstances exist, or, where applicable, derived from the customization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period 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 the order confirmation.
If for any reason, attributable to http://nyathera.com/, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is not possible to make the delivery of the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it delivered again.
If the User is not going to be at the delivery location at the agreed time slot, they must contact http://nyathera.com/ to arrange delivery for another day.
If 30 days have passed since your order is available for delivery and has not been delivered due to reasons not attributable to http://nyathera.com/, http://nyathera.com/ will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the resolution of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User’s 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 period of 14 calendar days from the date on which the contract is considered resolved.
However, the User should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks associated with the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when http://nyathera.com/ receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if this takes place at a time later than the complete receipt of the amount payable by http://nyathera.com/.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally valid rate at any given time depending on the specific article in question.
In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common system of VAT, purchase orders will be located, for delivery and/or provision, in that Member State of the European Union where the delivery address stated in the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.
For other locations, other than those mentioned above, where purchase orders will be located, for delivery and/or provision, the regulations in force at any given time will apply; the User must bear in mind that this could lead to the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these may be borne by the User. For more information, the User should contact the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting http://nyathera.com/ 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 can also be corrected by the User through their personal space on the Website.
In any case, before clicking on “Buy/ pay now”, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the Website of the owner, they have certain 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 from 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 http://nyathera.com/ or in the event that the goods that make up their order are delivered separately, 14 calendar days from 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 made up the same purchase order, or in the case of it being a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to http://nyathera.com/. They may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means chosen to communicate their decision, must express clearly and unequivocally their intention to withdraw from the purchase contract. In any case, the User can use the withdrawal form model that http://nyathera.com/ makes available to them as an annex to these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, http://nyathera.com/ will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a delivery method different from the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which http://nyathera.com/ is informed of the decision to withdraw by the User.
http://nyathera.com/ will reimburse the User using the same means of payment that the User used for the initial purchase transaction. This refund will not generate any additional costs to the User. However, http://nyathera.com/ may withhold this refund until it has received the products or articles of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User can return or send the products to http://nyathera.com/ at: Grand Rue 10, 26; 1009 Pully (Vaud); Switzerland
And they must do so without undue delay and, in any case, no later than 14 calendar days from the date on which http://nyathera.com/ was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods, if incurred. Additionally, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: customized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their wrapper, as sealed in the factory; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.
In the same vein, the provision of a service that the User could contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not be available to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by http://nyathera.com/, 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, or products that are not in the same conditions as they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions, and any other documents that accompany them, as well as a copy of the purchase invoice.
You can download the Withdrawal Form Model from the following link:
Return of Defective Products or Shipping Error
These are all cases in which 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, they must immediately contact http://nyathera.com/ and inform them of the existing non-conformity (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 of 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 is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to any defect, where it actually exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the current legislation will always apply to the User, as a consumer and user.
Warranties
The User, as a consumer and user, has guarantees on the products that they may purchase through this Website, in the legally established terms for each type of product, with http://nyathera.com/ being responsible, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract as long as they: comply with the description made by http://nyathera.com/ and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section Return of defective products or shipping error. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could happen that the User acquires on the Website a product from a brand or manufactured by a third party. In this case, and considering that the User considers it a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, http://nyathera.com/ will not accept any responsibility 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, anticipated savings, data, loss of goodwill, or incurred unnecessary expenses); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the product purchase contract was formalised between the parties.
Likewise, http://nyathera.com/ also limits its liability in the following cases:
http://nyathera.com/ applies all measures concerning providing an accurate display of the product on the Website; however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or issues with the browser being used or others of this nature.
http://nyathera.com/ will act with the utmost diligence to make the product available to the company in charge of its transportation. However, it is not responsible for damages arising from malfunctioning transportation, especially due to causes such as strikes, roadblocks, and, in general, any others specific to the sector, resulting in delays, losses, or theft of the product.
Technical failures that, due to fortuitous or other reasons, prevent the normal operation of the service over the internet. Unavailability of the Website due to maintenance reasons or others, preventing access to the service. http://nyathera.com/ makes every reasonable effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it is exempt from liability for causes that are not attributable to it, force majeure, or acts of God.
http://nyathera.com/ will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, http://nyathera.com/ will not be responsible for any incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, http://nyathera.com/ will not be responsible for any failure or delay in the performance of any of the obligations assumed, when it is due to events that are beyond its reasonable control, i.e., those due to force majeure, and this may include, in an enumerative but not exhaustive way:
Strikes, labour stoppages, or other labour actions.
Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
Inability to use trains, ships, aeroplanes, motor transport, or other means of public or private transport.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, the obligations will be suspended for the period during which the force majeure event continues, and http://nyathera.com/ will have an extension of the term to fulfil them for a period of time equal to the duration of the force majeure event. http://nyathera.com/ will make every reasonable effort to find a solution that allows it to fulfil its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most of the communications with http://nyathera.com/ will be electronic contact@nyathera.com.
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that http://nyathera.com/ sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law for the User.
The User may send notifications and/or communicate with http://nyathera.com/ through the contact details provided in these Conditions and, where applicable, through the Website’s contact spaces.
Likewise, unless otherwise stipulated, http://nyathera.com/ may contact and/or notify the User at their email address or the provided postal address.
11. WAIVER
No waiver by http://nyathera.com/ of any specific legal right or action or the failure by http://nyathera.com/ to require strict compliance by the User with any of its obligations will constitute, neither a waiver of other rights or actions arising from a contract or the Conditions, nor exempt the User from complying with their obligations.
No waiver by http://nyathera.com/ of any of these Conditions or the rights or actions arising from a contract will take effect, unless expressly stated to be a waiver and formalised and communicated to the User in writing.
12. NULLITY
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, unaffected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which explicit reference is made herein constitute the entire agreement between the User and http://nyathera.com/ in relation to the subject matter of the sale and replace any other agreement, agreement, or prior promise agreed verbally or in writing by the same parties.
The User and http://nyathera.com/ acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to http://nyathera.com/ in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, 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 provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation, and/or use of this Website and the purchase contracts for products through it will be governed by Spanish law.
Any dispute, issue, or disagreement arising from or related to access, navigation, and/or use of the Website, or to the interpretation and enforcement of these Conditions, or to the sales contracts between http://nyathera.com/ and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may communicate their complaints, claims, or any other comment they wish to make to http://nyathera.com/ through the contact details provided at the beginning of these Conditions (General Information).
Additionally, http://nyathera.com/ has official complaint forms available to consumers and users, which they can request from http://nyathera.com/ at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between http://nyathera.com/ and the User, the User as a consumer may request an out-of-court solution to the dispute, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution in consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
