These General Conditions of Purchase and use are intended to regulate the making available of the information provided in the Nivalis online store as well as the commercial transactions that arise between Nivalis and the users of the domain www.tiendasnivalis.com .Both browsing the online store and purchasing any of the products offered in It implies the acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contracting and use. Nivalis may at any time and without prior notice, modify these general contracting and use conditions, as well as the particular conditions that, where appropriate, are included, by publishing said modifications in the store so that they may be known by users, and the date of said modifications being recorded. Consequently, it will be the responsibility of all users to carefully read these General Conditions and use them in force each time they access this website, so if they do not agree with any of the conditions provided herein , you must refrain from using and acquiring products or services on this website.

The user agrees to use the content diligently, correctly and lawfully and, in particular, agrees to refrain from (a) using the content in a manner, for purposes or effects contrary to the law, to morality and generally accepted good customs or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (c) delete, evade or manipulate the "copyright" and other identifying data.

1. LEGAL INFORMATION AND ACCEPTANCE OF THE GENERAL PURCHASE CONDITIONS.

1.1 Identification of the service provider.

In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the identification data of the owner of the online store accessible at www.tiendasnivalis.com are:

• Company Name: Winter Factory S.L.

• Commercial name: Nivalis

• Registered office: Calle Santa Ana, 33, 18190 de Cenes de la Vega, Granada, Spain.

• C.I.F: B19677765

• Telephone: 958.48.78.08

• Email: customers@tiendasnivalis.com

• Registered in the Mercantile Registry of Granada, in Volume 1730, Folio 38, Section 8, Page GR-54531, Entry 1.

1.2 Description.

Winter Factory S.L. (hereinafter Nivalis), through these General Purchase Conditions, offers its users and visitors the possibility of making an online purchase of ski, snowboard and mountain ski products, among other products, as well as a workshop service. and rent; in addition to establishing communication with the user.

Nivalis may alter at any time and without prior notice, the design, presentation and / or configuration of the website www.tiendasnivalis.com, as well as some or all of the services.

1.3 Acceptance of the particular conditions of purchase.

The access and use of the Nivalis service imply by the visitor and / or by the registered user the full and unreserved acceptance of all the conditions contained in these General Purchase Conditions

These General Purchase Conditions apply to the sale of all the items that Nivalis sells through https: //www.tiendasnivalis.com, targeting exclusively a public over 18 years of age.

Nivalis reserves the right to cancel a client's access account if fraudulent, speculative or bad faith acts are detected in the use of this service. Likewise, Nivalis reserves in any case the unilateral right to modify these General Purchase Conditions applicable to its On-Line Store.

2. ONLINE PURCHASE PROCESS.

2.1 Our products, how to find them?

Nivalis offers you a virtual store that offers all kinds of ski, snowboard and mountain ski products, organized in families, to make it easier for you to find them.

From the home page, all levels of product families are accessed through a button panel located at the top and bottom, and on the interior pages through a drop-down menu.

You can also find products through the search engine, where you only have to enter a keyword (which can be the product name, characteristics and even incomplete words) and hit the search button.

All products have a detailed file, which includes at least one photograph, the name, the description and the price including taxes. The images on the web are for guidance only, the description of the product must be taken into account. Nivalis is not responsible for typographical errors in prices, promotions, offers, promotional gift cards or promotional conditions in general. In the event that at any time an error of this type occurs, at all times beyond the control of Nivalis, it will be corrected immediately. If there is a typographical error in any of the prices or promotions shown and a client has made a purchase decision based on said error, we will notify you of this error and the client will have the right to cancel their purchase at no cost on their part.

All prices shown are final prices, the Value Added Tax (VAT) applicable in Spain being expressly included at the time of purchase, without prejudice to the fact that the user will have information at all times itemized by product price.

2.2 Buy at www.tiendasnivalis.com

In order to buy at www.tiendasnivalis.com it is not mandatory to register , but if advisable to speed up future purchases, check the order history, as well as receive discount vouchers and access to exclusive promotions.

Before finalizing the registration as a user, and since you will provide us with personal data, we will ask you to read and accept our Privacy Policy where we collect the terms of the processing of your personal data in accordance with the RGPD and LOPDGDD.

To register as a user, enter your name, surname and email in the "Create account" form, and create an access password with a minimum of five characters.

Once the account is generated, we will send you an email to the email address provided confirming your registration as a user. Order confirmations will also be sent to said email address.Later you can add a postal address where we will send your orders (it can be modified later or when confirming a purchase)

2.3 Product availability.

The selection of products offered through our online store is valid as long as the products are visible, with the available stock limits. As it is e-commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock is exhausted, and therefore, in these cases, it is not possible to continue with the started sale.

In the event of a stock break or specific unavailability of an item, Nivalis will contact the customer to notify them as soon as possible and give them a new delivery period or, if it is not possible to serve them said product, proceed to its cancellation or offer an exchange for another product with a similar characteristic and price.

Liquidation items correspond to material that is out of the catalog or that will no longer be sold by us. Their stocks are limited, there is no deadline, and your promotion will end as soon as stocks are exhausted.

2.4 Transportation and shipping costs.

For all orders of € 59 or more, shipping costs are FREE.

The territorial scope of sales through the store is exclusively for the peninsular territory of Spain , not attending orders whose delivery It must be carried out in the Canary Islands, Ceuta or Melilla.

Once the order is received, the merchandise will be served within a period of 24 to 48 hours. We cannot guarantee these delivery times, although we try to ensure that the transport companies comply with them whenever possible. In rural towns far from urban centers, it is not possible to guarantee delivery within 24 hours in any case. In the case of the Balearic Islands we use maritime transport, the delivery being if the sea conditions do not prevent it, from 3 to 5 days.

In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.

The products will be sent through the NACEX transport companies. Orders will not be served at PO boxes or other non-permanent addresses.

The order will be sent to the address you indicate at the time you make your purchase or to the one you register.

Nivalis is not responsible for any delay caused in transport by:

• Incorrect or incomplete address provided by the buyer.

• Do not indicate a contact phone number.

• Carrier strikes.

• Adverse weather conditions.

If the customer does not notice external breakages in the package when it is received, but when opening it he observes damage caused by transport, he must notify the transport company in less than 24 hours to record and contact Nivalis. Otherwise, it will be understood that the product has been accepted in accordance.

Once this period has passed, the transport company considers that the material sent is in perfect condition and is not responsible for any damage.

3. DISCOUNT VOUCHERS AND COUPONS

Nivalis reserves the right to deliver gift vouchers and / or promotional or discount vouchers to users and visitors of www.tiendasnivalis.com, as it deems appropriate.

In order to make correct use of these coupons and discount vouchers, the code must be indicated and entered at the time of order formalization, applying it by Nivalis before confirming the payment

Gift vouchers or promotional vouchers may be limited to a single use, it will be specified in that case. Gift vouchers or promotional vouchers will not be exchanged for cash. Discounts are not compatible with each other, unless otherwise indicated.

Nivalis may carry out specific promotions that aim to regulate the allocation of gift vouchers to those users who make a certain purchase, for subsequent purchases at www.tiendasnivalis.com and within the validity period of the same. Outside of this validity period, the gift voucher loses its effectiveness.

4. CANCELLATIONS, RETURNS, AND CLAIMS.

The customer may modify an order as long as it has not been dispatched. If, for any reason, you want to make a modification regarding the confirmation sheet, you must notify it as soon as possible via email to our Customer Service Department via email to customers@tiendasnivalis.com indicating the desired modifications. Any difference in amount between the original order and the modified one will be processed following the procedure corresponding to the chosen means of payment.

For its part, Nivalis may not replace a product requested by the customer without prior consultation with the customer.

If the client cancels a confirmed order when it has already left the Nivalis facilities towards the destination, or does not accept the package on arrival, Nivalis may demand payment of the transport costs caused by the cancellation .

All product returns will be accepted as long as the product has not been used, and their original seal or labeling is kept intact. The return of the product without them will not be accepted, unless it is due to defects of origin, in which case the exchange will be made for other equal ones. The item to be returned must be properly packed for its return.

The customer will be responsible for the shipping costs in the event of a return, unless it is caused by an error in the shipment by Nivalis or by a manufacturing defect or tare. In this case, the exchange will be made for an equal one once the product to be returned has been received. Nivalis will take care of the return and forwarding costs.

To make a return, the customer must fill out the return form that can be found in the "Easy return" section of the menu at the bottom of the page. Once the return notification has been received, Nivalis will contact the customer offering him the possibility of arranging a pick-up through the Nacex transport company at his home address or at the address provided to us, upon payment (€ 5.90), or Send us the product by another transport service of your convenience, assuming the customer the costs arising from it.

In the case of requesting a change of size, never send the product to be exchanged before contacting Nivalis, who must check the existence of the new size in stock. Otherwise we will give you an alternative, or you can return the product. The reshipment of a new size will not imply the payment of the shipping costs by the customer, but the return of the product to be returned.

Please return the item using its original packaging in addition to the instructions, documentation and packaging that may accompany it.

Once the merchandise to be returned has been received, we will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the return or replacement of the same is appropriate (if applicable). of the article 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 that the return or replacement of the non-compliant item is proceeding.

In the event that the product (s) cannot be replaced, the amounts paid for those products that are returned, due to some defect or defect, when they really exist, will be fully reimbursed, including the expenses of delivery incurred to deliver the item, and assuming the return costs. For this purpose, it will always be Nivalis who requests the withdrawal of the product from the transport company it deems appropriate, normally Nacex.

Returns and partial cancellations will give rise to partial refunds, of the total amount paid for the entire order. Transportation, refund and gift packaging costs will not be returned if the return is partial.

The refund will be made on the same credit card that was used to pay for the purchase.

Except for factory defects, returns will not be accepted on ski equipment that had to be drilled for the installation of custom bindings, or custom made items such like sealskins.

5. RIGHT OF WITHDRAWAL.

In accordance with Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and users (LGDCU) and other complementary laws. The law adopts the community directive 2011/83 on consumer rights into national law. Nivalis recognizes the right of withdrawal of any purchase made in www.tiendasnivalis.com provided that it is communicated within a maximum period of 14 calendar days from the moment the customer received the product through the existing return form on the web or by attaching the following form.

The customer must return, without any undue delay and, in any case, at the latest within a period of 14 calendar days from the date they receive their purchase. The term will be considered fulfilled if you return the goods before said term has expired, sending them to:

A / At: Nivalis Returns Department

Address: Avenida de Sierra Nevada 93, 18190 de Cenes de la Vega (Granada)

In relation to the withdrawal costs, this right cannot entail any cost for the user, apart from the fact that if the return is purely due to the right of withdrawal, and not to a lack of conformity of the product, the user must bear the cost of the costs of returning the same, unless the employer has agreed to assume them in the signed contract or has not previously informed the user that they must bear these costs. (Art. 108 of the Consolidated Text of the General Law for the Defense of Consumers and users, TRLGDCU).

Therefore, the customer must bear the direct cost of returning the goods.

In all cases, the products to be returned must be in perfect condition, in their original packaging and with the manuals, accessories or promotional gifts, if applicable, included. If not, this withdrawal cannot be exercised. The returns department will verify that everything is correct and in perfect condition, giving authorization to the Department.Administration and will communicate it to the client via email

5.1 Products not subject to the right of withdrawal.

In accordance with 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, It will not be possible to request the right of withdrawal in relation to:

“ The right of withdrawal will not be applicable to contracts that refer to:

c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery ”.

In accordance with current regulations, returns of masks among others are not accepted for hygiene reasons.

6. PRODUCT WARRANTY.

The warranty period is two years from the delivery of the product, except in those in which a longer period provided by the manufacturer is offered, although it does not include deficiencies caused by negligence , blows, misuse or improper handling, unsuitable voltage, improper installations, or materials that are worn down by use. This guarantee is offered both by Nivalis and by the manufacturers and, where appropriate, authorized distributors, of the product.

The guarantee offered by Nivalis will be invalid under the following circumstances:

• Bumps and / or improper transport.

• Tampering with any identification / control seal or label.

• Normal wear and tear.

7. TECHNICAL SUPPORT.

If you have any problem, please contact us to solve it at the following email address: customers@tiendasnivalis.com and / or to the Customer Service Telephone 958.48.78.08 during our business hours (check on the web as it varies according to the time of year). < / p>

8. TECHNICAL MEANS TO CORRECT ERRORS

In the event that the user makes a mistake when sending the data, they can modify them by accessing their personal account through the Website at any time. In the event that it is an error that occurs during the hiring process, it can be corrected at any time before finalizing the purchase process.

9. LANGUAGE

The language in which the contract between Nivalis and the client will be concluded is Spanish.

10. CUSTOMER LIABILITY

The client undertakes to make lawful use of the services, without contravening current legislation, or harming the rights and interests of third parties.

The client guarantees the veracity and accuracy of the data provided when filling in the contracting forms, avoiding causing harm to Nivalis as a result of their incorrectness.

Likewise, it undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be received within the usual merchandise delivery hours (Monday to Friday from 09:00 to 14:00 : 00 and from 16:00 to 19:00).

Failure to comply with any of these General Contract Conditions may lead to the cancellation or cancellation of orders by Nivalis without the need for prior notice to the client and without implying a right to any compensation

If the shipment is rejected by the customer, Nivalis will not reimburse the amount of the shipping costs, being assumed by the customer.

11. PERSONAL DATA AND COMMERCIAL COMMUNICATIONS

Check our Privacy Policy and our Cookies Policy.

14. NULLITY AND INEFFICIENCY OF THE CLAUSES

If any clause included in these General Purchase Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the rest of the General Purchase Conditions. Consequently, the clause declared totally or partially null or ineffective will be considered not put.

15. APPLICABLE LEGISLATION AND SUBMISSION TO FORCES

The purchases made in www.tiendasnivalis.com are subject to Spanish legislation.

Notwithstanding the foregoing, the European Commission provides a free access platform for the extrajudicial resolution of online disputes for electronic contracting (http://ec.europa.eu/consumers/odr/) to which The parties may submit voluntarily, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.

• Link to the claim form:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

• Link to the conflict resolution body search engine:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

When the parties do not submit to the Consumer Arbitration System, in the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will know of the matter, will be those provided by the applicable legal regulations in matters of competent jurisdiction, in which, in the case of final consumers, the place of fulfillment of the obligation or the domicile of the buyer is attended.

In the event that the purchasing party acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Granada.

By formalizing these General Conditions, the Parties are duly informed of their rights and obligations, so they freely give their consent to them.

These General Contract Conditions and any document expressly referred to in them constitute the entire agreement between the user and Nivalis. in relation to the object of the contract.

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