General Conditions of Sale

 

These General Conditions of Sale will regulate the access, use and commercial relations between the user, hereinafter the CLIENT and the online point of sale www.tucantex.com through which the customer formalizes the purchase of the products offered during its period of availability through the marketing platform accessible on the website www.tucantex.com (hereinafter ONLINE SHOP) owned by Nice Emotion S.L, a Spanish entity with CIF no. B-65326779 and with registered office at C / Gonzalez Tablas, 19 08034 Barcelona. The company is registered in the Mercantile Registry of Barcelona.

These general conditions will remain in force and will be valid with the content in which they are published in the Online Store at all times. Nice Emotion s.l reserves the right to modify at any time both the general conditions and the particular conditions (the “new conditions”), as well as all those notices, guidelines and/or other legal content regulations published in the Online Store and which, depending on the case, will replace, complete and/or modify the General Conditions contained herein. The Client will be subject to the General Conditions and other development regulations in force at the time of formalizing his purchase. Their temporary validity coincides with the time of their publication and until the moment in which they were totally or partially modified. The new conditions will apply from the time of publication in the online store. Nice Emotion s.l. recommends regular consultation of the general conditions, special conditions and other regulations.

In case of contradiction between the terms and conditions stated in these general conditions and the particular conditions, the latter will always prevail over those incompatible terms, and only over those products subject to those specific conditions.

Any query, suggestion, complaint or claim relating to the online sale of products can be made through the customer service:

 

Nice Emotion S.L
C/ Gonzalez Tablas, 19
08034 Barcelona
Tel: +34 658 812 945
E-mail: info@tucantex.com

 

Interveners

A CLIENT shall be considered to be a consumer who is a natural person residing in the Spanish peninsular and insular territory (with the exception of Ceuta and Melilla and the Canary Islands) or in the territory of the European Community (except territories excluded from sale), who is of legal age or who is a legal person who adequately accredits his condition and accepts these general conditions and the particular conditions which, where applicable, are applicable. The purchase of products in the Tucantex online store by minors or by users who do not meet the requirements set out in these general conditions is expressly prohibited.

 

Access and Use of the Online Store

For the purchase of products through the online store, Nice Emotion s.l. will ask users to register, for which these customers must complete the electronic form that appears at all times in the online store by following the instructions indicated therein. In this registration process, only accurate and true data must be provided.

Nice Emotion s.l. will send the registration confirmation to the e-mail account designated by the customer for this purpose. The user name and password are enabling elements to access and make purchases and are confidential, personal and non-transferable. The user name cannot be modified by the customer, but the password can, in which case the modified passwords will lose their validity.

The client will be responsible for the adequate custody and confidentiality of the password, not being able to yield its use to any third party, either temporary or permanent, nor to allow in any case its use by any third party. The customer must immediately inform Nice Emotion s.l. of any access to the online store that any third party other than the customer may make using his/her password.

All purchases of products purchased through the online store, after identification and authentication, through the user name and password that was provided, will be considered validly made by the customer, and will be binding. Consequently, the customer will be solely responsible for any purchases of products through the online store by any third party who makes use of your username and password. The placing of orders from the online store by a minor who misrepresents the registration information, will be understood to be done under the supervision and authorization of their parents, guardians or legal representatives.

The use of the online store and / or the recruitment of any of the products, imply acceptance as a customer, without reservations of any kind, to each and every one of the general conditions as well as where appropriate, to the particular conditions and other detailed regulations that, if applicable. If you decide not to accept these general conditions, the particular conditions and / or, where appropriate, the new conditions, you must refrain from accessing and / or use the online store. The provision and use of the online store by the customer will be understood, in any case, subject to strict compliance by the latter of the terms contained in these general conditions and, where appropriate, in the particular conditions that apply.

The legal relationship arising from registration as a customer of the online store has an indefinite duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and without cause other than their will in this regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The customer may unilaterally exercise the right of termination through the account cancellation process.

 

Prices, Shipping and Delivery Charges

The prices of the products are always shown in euros and include VAT and any other tax that may apply, and will be at all times in force. If Nice Emotion s.l. or the online shop identifies a manifest error in the price of the products, the customer will be informed and will have the option to reconfirm the order at the correct price or, failing that, to cancel it.

The prices shown in the online shop apply exclusively to products offered through that channel and for as long as they remain published.

The online store makes shipments to the following destinations: Spain (Peninsula and Balearic Islands),

Shipping costs vary according to destination, being for Spain (peninsula and Balearic Islands) of 7,20 € (VAT 21% included), being free for a minimum purchase of products of 85.00 €.

For the rest of countries in the European Community where shipments are made are free for a minimum purchase of products of 100,00 €, being for orders of a lower amount (21% VAT included):

Germany: 9,68€ – Austria: 20,57€ – Belgium: 14,52€ – Bulgaria: 42,35€ – Croatia: 42,35€ – Denmark: 20,57€ – Slovenia: 20,57€ – Estonia: 42,35€ – Finland: 42,35€ – France: 9,68€ – Greece: 42,35€ – Hungary: 20,57€ – Ireland: 18,15€ – Italy: 12,10€ – Latvia: 42,35€ – Lithuania: 42,35€ – Luxembourg: 18,15€ – Netherlands: 10,89€ – Poland: 20,57€ – Portugal: 4,84€ – United Kingdom: 18,15€ – Rep. Czech Republic: 20,57€ – Slovak Republic: 20,57€ – Romania: 42,35€ – Sweden: 42,35€.

For each order the user will see the exact amount to pay once you have completed the shipping data, always before you make your purchase, can modify, in any case, the content of the order.

The times of delivery of the order will be variable according to their destiny, being for Spain (Peninsula and Balearic Islands) of 24/48h, from the day following to the one of the order.

 

Purchase Process

Once registered the client, and to proceed to the purchase of products, must add the product you want to purchase in the shopping cart, according to the indications collected on screen, filling out this effect the order form provided.

Once made the purchase, the customer will be sent to the email address indicated for this purpose by the customer, a confirmation of the purchase made, which will serve as proof of the operation and / or proof of purchase. Likewise, the corresponding invoice may be sent if so requested by the client. The order confirmation and the proof of purchase will not be valid as an invoice.

 

Method of payment

The client will be able to pay the amount of his order opting for any of the following forms. During the purchase process you must indicate your choice:

Credit or Debit Card > All operations involving the transmission of personal or bank data are carried out using a secure environment, a server based on standard security technology SSL (Secure Sockets Layer). All the information you transmit to us travels encrypted through the network.

Likewise, your credit card details are entered directly on the bank’s website, in the TPV (Bank’s Point of Sale Terminal) and are not entered or registered on any Nice Emotion s.l. server.

When paying by card you will always be asked for the following data: card number, expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your card, thus offering more guarantees about the security of the transaction.

This form of payment is valid only on the web.

When the amount of a purchase has been fraudulently or unduly charged using the number of a payment card, the holder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and re-credit entries in the accounts of the supplier and the cardholder will be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the demand for return was not a consequence of having exercised the right of withdrawal or resolution and, therefore, had unduly demanded the cancellation of the corresponding charge, the cardholder will be obliged to Nice Emotions S.L. to compensate for the damages caused as a consequence of said cancellation.

PayPal > Allows you to send payments securely and conveniently over the Internet. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms. For more information you can visit the PayPal website.

Deposit or Bank Transfer > You can make the payment of your order by means of a bank deposit/transfer for the total amount of your purchase in the name of Nice Emotions S.L. in the account of BANCO SANTANDER nº: ES98 0049 4764 53 2116085969. In the concept of the transfer you must indicate the order number and your name; once we receive the transfer we will proceed to send your order to the address indicated.

 

Withdrawal of Orders

The customer will have a maximum period of 14 calendar days to withdraw, from the day that the customer receives the product, without penalty and without stating the reasons.

The exercise of the right of withdrawal must be made by notification by email to info@tucantex.com or by sending your letter to our postal address: Nice Emotion s.l. c/ Gonzalez Tablas, 19 08034 Barcelona.

According to the provisions of article 103 of Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users, supplies of services or goods made according to consumer specifications or clearly personalized, or by their nature, can not be returned or can deteriorate or expire quickly, are exempt from withdrawal.

In any case, for the purposes of making use of the right of withdrawal, it is essential that the products are in perfect condition. The products must be returned in their original packaging together with the invoice. Before returning the product, the customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. If the product is defective, Tucantex will be responsible whenever it is possible to replace the product, without any cost to the customer. In the event that for reasons of availability could not make the replacement of the product, will be made the full return of the purchase.

 

Warranties

When the product or products purchased present a lack of conformity because they do not correspond to the characteristics offered, present defects that prevent their normal use according to their nature, or do not offer the services described for the same, the customer will have the right to clean up the property acquired within two years from the purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defense of Consumers and Users, without prejudice to the faculties of Nice Emotion s., the customer will have the right to repair the property acquired within two years from the purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for the Defense of Consumers and Users, without prejudice to the faculties of Nice Emotion s.l. to verify the veracity of the defects, their origin and the moment of their appearance. The customer must send the product to the online store within a maximum period of two months from the time the defect is discovered, and must inform about the nature of the problem, the time and conditions of its appearance. Likewise, the client has the right to the cleaning of the good following the rules of article 118 and following of the Revised Text of the General Law for the Defence of Consumers and Users. In any case, the regulations on the guarantee of sale of consumer goods established by the applicable legislation will be applied at all times.

 

Exoneration of Responsibilities

Nice Emotions s.l. does not guarantee the technical efficiency of the online store’s operating system, and is not liable for any damages that may be caused to the customer due to failures or interruptions of the service that limit or prevent the availability or use of the online store.
The online shop is protected with the most advanced means at all times against viruses and unauthorized access and therefore will only be liable for damages caused to the customer by these actions insofar as they lead to deficiencies of the normal standard of protection required at all times according to the state of the art.

 

Processing of Personal Data

The personal data provided to Nice Emotions s.l. by reason of the use of the online shop is included in a file for which Nice Emotions s.l. is responsible and which complies with the technical and organizational security measures and with the requirements laid down in the legislation on the protection of personal data. The processing of personal data by the Nice Emotions s.l. online shop, as well as any other information requested for access and use of the online shop, will be governed by the provisions of the privacy policy of the www.tucantex.com website.

 

General

Nice Emotions s.l. reserves the right to modify, at any time and without prior notice, the presentation and graphic and technical configuration of the online store, its functionalities and/or the contents incorporated therein. The user expressly acknowledges and accepts that Nice Emotions s.l. may at any time interrupt, deactivate and/or cancel access to and/or use of the online store.

In the event that any provision or provisions of The conditions of purchase in the online store, general, particular or development regulations were considered null or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or unenforceability will not affect the remaining provisions. In this case, the clause or clauses affected will be replaced by another one or others that have the most similar effects to those of the substituted ones.

 

Applicable Legislation

These conditions have been drawn up in accordance with the provisions of Law 34/2002 on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of Article 5.3 of Law 7/1998, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation), Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Law for the Defence of Consumers and Customers and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and any legal provisions resulting from extrajudicial application.

In addition, due to the application of Regulation (EU) 524/2013 on the resolution of consumer disputes, the customer can make any extrajudicial claim on online contracts made within the European Union through the following online platform.

 

Jurisdiction

Nice Emotions s.l. reserves the right to bring any civil or criminal action it deems appropriate for the improper use of its website and its contents or for non-compliance with these conditions.

The relationship between the customer and the online store will be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise, the parties may submit their conflicts to arbitration or resort to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this respect. They will be competent to resolve any claim or controversy that may arise in the Courts and Tribunals of the city of Barcelona.