Terms and Conditions
General conditions of sale
1.1.The internet website www.nanaynina.com, property of BeFree&Sexy by nanaynina S.L, has been created for the online retail sale of Made-in-Spain beauty, clothes, make-up and other products.
Nanaynina S.L. - Ca. Travesía Pando 3, 28029. Madrid
Owner contact email: firstname.lastname@example.org
1.2. Here follow the general terms and conditions which regulate the agreement between Customers (as referred to here) and BeFree&Sexy by nanaynina regarding the retailing of Products.
2. SCOPE OF APPLICATION
2.1.These general conditions of sale (hereafter “GCS”) apply to the purchase of products from the BeFree&Sexy by nanaynina e-catalogue at the moment of ordering, and are visible online at www.nanaynina.com (hereafter, the “Website”). The images next to the descriptive outline of a product are merely illustrative and serve to provide a better idea of the various colours. Images may not represent the same or exact product, differing in colour and size as well as in the accessories included in the image.
2.2. The GCS here outlined may be modified and/or updated at any time by BeFree&Sexy by nanaynina.
2.3. Any modifications and/or integrations will take effect from the moment of their publication on the Website.
2.4.The customer who visits the Website to purchase products may be a consumer in the sense of: 1) a physical person acting outside the scope of normal business, commercial, artisan or professional activity (hereafter the Consumer Customer) or a professional in the sense of ii) a physical or legal individual acting on behalf of a business, commercial, artisan or professional entity (hereafter the Professional Customer, or when it is not necessary within these GCS to distinguish between the two, also referred to individually as “Customer” or jointly as “Customers”) is obliged, before placing an order, to read carefully these GCS as published on the Website and which are available for reference at any time by the Customer also via the link in the confirmation email of every order, allowing the copying and downloading of said conditions.
3.1.The regulations expressly laid down for distance contracts are set out in section II of Legislative decree no.206 of 6 September 2005 (Consumer Law) and subsequent amendments, and for retailing by electronic means in the Legislative decree no.70 of 9 April 2003 and subsequent amendments.
3.2. The contract of sale stipulated between the Customer and BeFree&Sexy by nanaynina will be governed by and construed in accordance with spanish law.
4.1.In order to purchase Products from the Website – without, however, obligation for the subscriber to purchase – each Customer must register with the BeFree&Sexy by nanaynina website, selecting a username and password and supplying the following personal details:
name, surname/business name;
date of birth
and, at the moment an order is placed, it will also be necessary to specify:
home address/office address;
delivery address (if different from residential address/ office address;
fiscal code or VAT code.
4.2. The information supplied to BeFree&Sexy by nanaynina will be stored at the moment of registration, and data processing is subject to privacy law as stated in Spanish Legislative decree no. 196/2003 and EU Regulation no. 679/2016 (GDPR); the Customer may alter these details at any time by visiting his/her profile area from the home page.
4.3. The username for access to the Website restricted area will consist of the email address used for registration.
5.FINALIZING THE CONTRACT
5.1. The contract of sale between BeFree&Sexy by nanaynina and the Customer is considered finalized with the confirmation of the order by BeFree&Sexy by nanaynina. Confirmation will be sent by BeFree&Sexy by nanaynina to the email address supplied by the Customer during the website registration stage.
5.2. The confirmation message will include the date and time that the order is executed and an “Order Number” to be used in any eventual communication with the BeFree&Sexy by nanaynina team. The message includes all data inserted by the Customer, who is obliged to check whether these details are correct and (if not) communicate necessary changes as soon as possible according to the procedures laid out in this document.
5.3. Should it not be possible to accept the order, BeFree&Sexy by nanaynina will inform the Customer as soon as possible.
5.4. In accordance with Spanish Legislative Decree no.70 of 9 April 2003 regarding electronic retailing, to make an order the Customer must:
place an item in the virtual shopping cart by clicking on the relevant icon near the Product desired;
having selected all desired Products and placed them in the shopping cart, the Customer must click on “Place Order” to proceed to purchase.
the Customer must then register with the website and type in his/her credentials or may carry out a quick purchase process by inserting his/her personal data without actually opening an account with the Website;
the Customer may choose the method of delivery and must accept all the present GCS;
the Customer can then proceed to payment for the Products and delivery charge using the following means: i) Visa or Mastercard credit card, VPay Diners Club International, JCB, Maestro circuit debit card by Paypal express checkout; ii) bank transfer;
once the order is completed, the Website will automatically generate a univocal number which will be published on the final page of the purchase order summary;
once payment has been verified, along with availability of the Product in the event of multiple purchases as laid out in point 6.7, BeFree&Sexy by nanaynina will send the Customer confirmation of the order which will include the following information: i) number and date of order; ii) details of the Product(s), quantity, price; iii) type of payment made; iv) delivery cost; v) total cost of order;
the Customer is responsible for checking the information in the order confirmation email and for notifying BeFree&Sexy by nanaynina of any errors.
5.5. Once the e-order has been sent, the Customer must print or save an e-copy of these GCS as laid down by Spanish Legislative decree no. 206/2005.
5.6. When making an order according to the procedure established by the Website, the Customer also declares having taken note of all instructions supplied during the purchase procedure and having understood and accepted in full the GCS here stated.
5.7. The current GCS represent an integral part of the sales contract signed between the Customer and BeFree&Sexy by nanaynina.
5.8. Only items which are currently in stock may be ordered from the Website. The warehouse system of communication regarding availability is fully operational but there may occur small delays of communication regarding the actual warehouse availability and the situation as reported on the Website. As a result, on some rare occasions there may not be guaranteed availability. Should one or more ordered items not be immediately available for delivery, our team will take one of the following actions according to the size of the order and the time necessary for replenishment:
send the available items immediately and send missing items as soon as they become available, without any added delivery charge
contact the customer who may choose whether to receive the entire order together at a later date, or cancel the missing items from the order.
5.9. In the event of multiple purchases at the same time by various Customers, BeFree&Sexy by nanaynina reserves the right to check product availability following receipt of order and if the item not be available, inform the Customer(s) in due course of rejection of the order.
5.10. Adding a Product to the shopping cart does not necessarily entail purchase of the item. Until the purchase procedure is completed, the Customer may: i) change the quantity and/or eliminate items from the shopping basket; ii) add more items to the shopping cart.
5.11. Within the “My Account” section in the Customer Area of the website, it is possible to view account information, monitor order status, any returns requested and request delivery to different addresses.
5.12.The order will be stored in the BeFree&Sexy by nanaynina databank for the time necessary to fill the order and, in any event, according to the terms of law.
6. METHODS OF PAYMENT
6.1. METHODS OF PAYMENT
In the event of payment for the online transaction by transfer bank, the bank involved will authorize payment of the relative amount for the purchase made on a one-off basis. The payment for goods provided, also partially, will be charged to the Customer’s credit only at the moment the order is fulfilled by our warehouse. In the event of order cancellation (either by the Customer or by BeFree&Sexy by nanaynina in the form of a rejected order), our staff will request annulment of the transaction and payment. The times of annulment depend exclusively on the bank system and may arrive up their natural deadline (24 days after the date of authorization). Once the transaction has been annulled, BeFree&Sexy by nanaynina is in no way to be held responsible for any damages, direct or indirect, caused by the delayed reimbursement of the sum by the bank. In the event that the Customer’s order is filled after the 23rd day after the order is placed, BeFree&Sexy by nanaynina will withdraw the money on the Customer’s credit card, even if this is before the actual delivery of the products in order to avoid the expiry of the transaction authorization (24 days). BeFree&Sexy by nanaynina reserves the right to ask the Customer for additional information (e.g. number of landline telephone) or the sending of documents attesting to ownership of the card. In the event that this documentation not be provided, BeFree&Sexy by nanaynina reserves the right to reject the order. At no stage of the purchase process does BeFree&Sexy by nanaynina have access to information regarding the customer’s credit card, details which are sent via direct link to the bank responsible for handling the transaction. No BeFree&Sexy by nanaynina virtual databank will store this data. In no case can BeFree&Sexy by nanaynina be held responsible for any fraudulent use or credit card use made by third parties during the act of payment for products purchased on www.nanaynina.com
When paying for goods online using PayPal, at the moment the online transaction is concluded, PayPal will immediately remove the sum of money owed for the purchase made.
7.1. The retail price of Products is given in euro and includes IVA and any other taxation sums due at moment of purchase.
7.2. All retail prices of Products displayed/indicated by the Website act as offers to a public clientele in accordance with section 1336 of the Spanish Civil Code, with prices subject to change by BeFree&Sexy by nanaynina.
7.3. The retail price is held valid until communication is made of acceptance of the order.
7.4. Any forms of discount (%, 1+1, 3x2, etc) are non-accumulable at all times unless expressly stated otherwise.
7.5. Delivery costs and any additional charges (e.g. custom fees), even though not included in the purchase price, will be indicated and calculated in the purchase stage before the order is sent by the Customer, and is also included in the webpage summary of the order.
8.1. Every order sent is accompanied by a detailed Delivery Note as required by Italian law no. 696 of 21 December 1996.The invoice will be emitted on demand only, to be made at the moment of ordering by indicating the Customer’s VAT code in the appropriate box. The invoice may then be downloaded from the specifica area on the website www.nanaynina.com.
NB: It is not possible to request invoices for previous orders at a later date.
9.MEANS AND COST OF DELIVERY OF PRODUCTS
9.1. BeFree&Sexy by nanaynina will promptly deliver the Products via express courier solely within Spain and other countries of the European Union.
9.2. Products will be delivered within 15 working days following the online purchase, unless agreed differently by the two parties. Estimated delivery times are purely approximate, although usually respected. BeFree&Sexy by nanaynina accepts no responsibility for, nor guarantees in any way, said delivery times.
9.3. Thus, BeFree&Sexy by nanaynina is in no event liable for damages (direct or indirect) caused by late delivery.
9.4. Delivery times normally occur during working hours (9am-6pm) from Monday to Friday.
9.5. BeFree&Sexy by nanaynina is not responsible in any way for disruption/delay to provision of services due to circumstances beyond its control.
9.6. At the moment of delivery by the courier, the Customer must check that:
the number of packages delivered corresponds to the number stated in the delivery note;
the Products listed on the packaging correspond to those in the invoice/receipt;
the packaging is intact, undamaged and untampered with, including the closing/sealing materials (sticky tape or straps)
9.7. The Customer should note that collection of the Product is part of the obligations laid down by the purchase agreement. In the event of non-delivery at address specified in the order due to absence of homeowner, the items will be kept at the handling warehouse (following three attempts at delivery). After ten days in storage, the goods will be returned to sender. In the event of failed delivery within five days from the first attempt, BeFree&Sexy by nanaynina may resort to their contractual rights to resolve the contract according to section 1456 of the Spanish Civil Code. Following this, reimbursement will be made of the full amount paid by the Customer, minus delivery and return costs.
9.8. Any damage to packaging and/or Product, or a mismatched number of packages with those stated, must be immediately notified by the Customer in the Delivery Note.
9.9. BeFree&Sexy by nanaynina is in no way liable for delays in orders or deliveries.
9.10. Delivery costs (calculated according to destination, weight and volume of the Product) are charged to the Customer and are explicitly stated at the ordering stage. Payment of goods by the Customer will take place according to the choice stated at the moment of ordering. The Customer is not liable for any further delivery costs which may emerge after the purchase process is complete.
9.11. Delivery costs, except in the event of special promotional offers by BeFree&Sexy by nanaynina, are always charged to the Customer. BeFree&Sexy by nanaynina undertakes to update delivery cost information and publish it on the DELIVERIES webpage.
10.RIGHT OF WITHDRAWAL
10.1. In accordance with and within the limits of section 52 of Consumer Law, the Customer has the right of withdrawal within 14 calendar days of receipt of goods, allowing the possibility to return the received goods and reimbursement of the amount paid, without penalties or the need to motivate said decision.
10.2. The deadline for returns/reimbursement begins from the date that the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the Product or:
in the case of multiple items ordered by the Customer (whether in one single or multiple orders delivered separately), from the day that the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the last item;
in the case of a delivery of one item made up of parts or multiple pieces, from the day that the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the last part or piece;
10.3. The right to withdrawal, however, is not valid:
in cases of purchases of less than 50 euro (unless the total sum paid by the Customer amounts to over 50 euros, irrespective of the cost of individual items/bills);
in cases where items are bespoke or clearly customized;
in cases where sealed goods have been opened after delivery and are no longer suitable for return due to reasons of health and hygiene;
in cases where goods have (due to their nature) been irrevocably mixed with others after delivery.
10.4. Customers who decide to exercise the right of withdrawal must send written notice by registered post to BeFree&Sexy by nanaynina and may send advance notice of this impending communication via email to info@ nanaynina.com (which will not, however, suffice in lieu of the certified email).
10.5. Following the Customer’s notice of withdrawal, within 24-48 hours of receipt of communication, BeFree&Sexy by nanaynina undertakes to confirm by email receipt and acknowledgment of the wish to withdraw from purchase.
10.6. In accordance with current law, the Customer is liable for delivery costs of returned products, which must be sent to the following address: BeFree&Sexy by nanaynina sa c/o BiBiEsse- UFF. RECESSI/RESI, Via Chieri n. 70/5 - 10020 Baldissero Torinese (TO) – Italia, within fourteen days of the notice to withdraw from purchase (the deadline is deemed to be respected providing that the Customer sends the items before the cut-off date of the fourteen-day period).
10.7. Should the item(s) be damaged during transport, BeFree&Sexy by nanaynina will inform the Customer (within 5 days of arrival of the goods in the BeFree&Sexy by nanaynina warehouse) to allow him/her to report the courier and obtain a reimbursement of the value of the goods (if insured); in such an event, the product will be made available to the Customer for the reimbursement, while at the same time cancelling the request for withdrawal.
10.8. BeFree&Sexy by nanaynina non risponde in nessun modo per danneggiamenti o furto/smarrimento di beni restituiti con spedizioni non assicurate; al suo arrivo in magazzino, il Prodotto sarà esaminato per valutare eventuali danni o manomissioni non derivanti dal trasporto. Qualora il prodotto reso risultasse rovinato, BeFree&Sexy by nanaynina provvederà a trattenere dal rimborso dovuto una percentuale, quale contributo alle spese di ripristino. BeFree&Sexy by nanaynina is in no way liable for damage or theft/loss of item(s) returned by non-insured delivery service; on the product(s) arrival in the warehouse, it will be checked to evaluate any eventual damage or mishandling not due to transit. Should the item(s) result as damaged/ruined, BeFree&Sexy by nanaynina will detain a percentage of the reimbursement sum, as contribution to the cost of restoration.
10.9. BeFree&Sexy by nanaynina must reimburse (by bank transfer or PayPal) all costs sustained by the Customer (purchase of item and original delivery cost to the customer; costs for return of item are not included) within 14 days of receipt of delivery of communication of the decision to withdraw from purchase, and subject to receipt of the item(s) being returned. It is the Customer’s responsibility to promptly supply bank account details for the reimbursement to be made (name, surname, account holder details, IBAN number).
10.10. The right to withdraw is subject to the following conditions:
BeFree&Sexy by nanaynina products are sold in specific packaging; this packaging is held to be a fundamental part of the product itself. Thus, in order to exercise the right to withdraw from contract, the product must be returned whole and in the original packaging (complete, including packaging/wrapping and any documents and accessories added to prevent damage to the original packaging.
the return of the items is entirely the responsibility of the Customer, up to the moment BeFree&Sexy by nanaynina officially acknowledges receipt of goods;
BeFree&Sexy by nanaynina is in no way responsible for damage, theft or loss of products being returned
on the product(s) arrival at the address indicated above, it will be checked to evaluate any eventual damage or mishandling not due to transport.
10.11. The Customer will forfeit the right to withdrawal if the product is not entirely complete (in box and/or content), in the event that BeFree&Sexy by nanaynina ascertains:
the absence or damage of the outside packaging;
the absence or damage of the original inner packaging;
the absence of essential parts of the product (accessories, elements)
damage of the product for reasons other than transit.
10.12. In the event of forfeiture of right to withdrawal, BeFree&Sexy by nanaynina will return the purchased item to the Customer, charging for the delivery costs and there will be no reimbursement of the item cost.
10.13. Right of withdrawal, as laid down in this section, is reserved solely to Private Customers; no right to withdraw is maintained for Professional Customers.
10.14. Should you need to contact us regarding returns and reimbursements, please send an email to info@BeFree&Sexy by nanaynina.com or call us on +34 604 147 307.
11.1. Should the product fail to comply with its description, i.e. the goods delivered reveal defects or differ from that described in the sales contract rendering them unfit for purpose, different from the description published on the website or substandard in terms of quality, action may be taken according to regulations laid down by the Statutory Warranty Law (sections 128 and subsequent of Consumer Law 205/2006).
11.2. The statutory guarantee excludes potential breakage or malfunctioning due to accident or Customer fault, i.e. inappropriate use according to the technical guidelines enclosed with the Product.
11.3. BeFree&Sexy by nanaynina is responsible when the compliance defect reveals itself within the two-year warranty period starting from delivery of the Product, unless there is also a conventional warranty which extends beyond that date.
11.4. The Consumer Customer must report the defect or fault to BeFree&Sexy by nanaynina within two months of its manifestation (unless BeFree&Sexy by nanaynina has declared or concealed the existence of the defect).
11.5. Action taken regarding defects non-maliciously hidden by the retailer may take place up to 26 months after the delivery of the item (the Consumer Customer who agreed to the purchase may still exercise his/her rights as stated here if the failure to comply is reported within two months of the discovery and within the two-year deadline starting on day of delivery).
11.6. If the item fails to comply, the Consumer may request (free of all charge) the substitution via repair or replacement (as preferred, unless one solution be impossible or excessively expensive in comparison with the other).
11.7. The aforesaid solutions may be considered excessively costly if BeFree&Sexy by nanaynina is required to cover unreasonable costs as compared with the other solution, taking into account that a) the value the Product would have if not failing to answer requirements; b) of the type of non-compliance; c) of the possibility that the alternative solution could be carried out without any significant inconvenience to the Consumer Customer.
11.8. Replacements must be made within a reasonable time limit and must not cause inconvenience to the Consumer Customer, taking into account the type of Product and reason for its purchase.
11.9. The Consumer Customer may request, if desired, a congruent reduction in price or the conclusion of the contract in the event of one of the following:
when replacement of items is impossible or too costly;
BeFree&Sexy by nanaynina has not provided a replacement within an appropriate time period;
the previous replacement caused significant inconvenience to the Consumer Customer.
11.10.Following given notice of lack of compliance, the seller may offer the Consumer Customer another available solution, with the following results: i) if the Consumer Customer has already requested a specific solution, the seller must provide this, with the necessary consequences in order at the expiry date for repairs or replacements, unless the Consumer Customer accepts an alternative proposal for resolution; ii) if the Consumer Customer has not already requested a specific solution, the Consumer must accept the proposal or reject it and choose another solution as laid down by this section.
11.11. A minor defect, for which it is not possible or is too costly to provide replacement, does not enable the right to dissolution of the contract.
11.12. The standard warranty is limited to purchases made by the Consumer Customer. Professional Customers’ purchases are covered by the Civil Code sections 1490 and subsequent.
12.COMPLAINTS AND CLAIMS
12.1.Any complaint must be sent to: BeFree&Sexy by nanaynina s.a. – We will send you by email the address.
12.2. Complaints made by email or website contact are not officially valid or accepted.
12.3. For any problem or anomaly encountered, the Customer is invited to contact the BeFree&Sexy by nanaynina staff via the website section before taking action in the form of complaint/claim. In almost all cases, problems can be resolved in a question of hours.
13.HANDLING OF PERSONAL DATA
The Customer’s personal data are handled by BeFree&Sexy by nanaynina according to current law on personal data protection as laid down by Spanish Legislative decree no. 196/2003 and EU Law no. 679/2017, as stated in the information leaflet supplied on the website.
This website, www.nanaynina.com and its content (including texts, documents, brands, logos, images, graphics etc) is copyrighted and protected by Copyright Law and Brands legislation (Spanish Law n. 633 of 22 April 1941 and subsequent, Royal Decree n. 929 of 21 June 1942 and subsequent). The website www.nanaynina.com may contain images, documents, logos and brands belonging to third parties which have expressly authorized BeFree&Sexy by nanaynina S.A. for their publication. The reproduction, even partial, of content, text, documents, brands, logos, images, or graphics is forbidden. Any violation will be prosecuted according to current law.
15.1. Any dispute regarding the application, execution, interpretation or violation of online purchase agreements is subject to the local jurisdiction in the home town of the Customer Consumer and is also in all cases subject to Spain jurisdiction.
15.2. Any dispute regarding the application, execution, interpretation or violation of online purchase agreements involving Professional Customers is instead subject exclusively to the Court of Spain.
BeFree&Sexy by nanaynina trusts the quality of its products and tries to offer the best quality available. However, the following should be noted:
In case make up, check ingredients list for possible allergies before applying products;
BeFree&Sexy by nanaynina is in no way liable for any reactions to ingredients in products sold;
none of our products should be used to replace medical or clinical treatments;
the information published on www.nanaynina.com is not to be read in any way as care or treatment recommendations for dermatological problems
the advice published on www.nanaynina.com or supplied by Customer Service is purely informative and should at no times replace a doctor’s advice.
we advise you to consult your doctor regarding any doubts.