This document (together with the other documents referred to herein) regulates the use of this website and the purchase of products therein (hereinafter the Terms and Conditions).
These Terms and Conditions may be modified with no prior notice; it is the user’s responsibility to read them regularly, as the terms and conditions valid at the time of use of the website or the conclusion of the Agreement (as defined in this legal notice) shall apply.
These General Conditions are governed by Spanish law. The parties submit, with their choice, to resolve conflicts and to waive any other jurisdiction of the tribunal courts of the user's domicile. Also, as an entity attached to CONFIANZA ONLINE and the terms of its Code of Ethics, in case of disputes relating to recruitment and online advertising, data protection, child protection and accessibility, the user, to resolve extrajudicial controversies, can go to CONFIANZA ONLINE (www.confianzaonline.es)
This website is operated under the name Naëlle (naelle.com) by In Situ S.A., a Spanish company with registered business address at Valportillo Primera, 2. Pol. Ind. Alcobendas, 280108, Madrid, included in the Mercantile Registry of Madrid, Volume 3779, Section 8, Page 63, Sheet M-62916, Inscription 3 and holder of Spanish Tax ID No. (NIF) A78234747. Contact: email: firstname.lastname@example.org, tfno. 914844400 y fax 914844421
Visits and Website Browsing Data
Availability of Items and Purchase Limits
The items offered for sale on this website are only available for shipping in the metropolitan eurozone and the UK as specified in the section entitled Deliveries.
All orders are subject to stock availability in our warehouses. If an item is not in stock, despite having been added to the shopping basket and paid for, we reserve the right to provide customers with details of quality replacement products at an equal or lower price than the missing item. Should the customer not accept the replacement items offered, they will be entitled to a full refund for the amount paid for the non-available item.
For security reasons, no purchases over €1,000 or consisting of more than 5 items will be accepted in a single order.
Entering into a Contract
The information included in these Terms and Conditions and the details contained on the website do not represent a sales offer, but rather an invitation to enter into a contract. No contract shall exist between the customer and Naëlle regarding any products whatsoever until an order has been expressly accepted. In the event that Naëlle does not accept the offer but an amount has already been charged to the user’s account, said amount shall be reimbursed in full at the earliest possible opportunity.
Orders shall be placed in accordance with the terms and conditions included in the section entitled How to buy, and payment duly authorised. Once these steps have been completed, the customer will receive an email confirming the purchase. This does not necessarily imply that In Situ S.A. has accepted the order. All orders processed via the online store shall be subject to acceptance. Should any incident occur with the order, the customer will be informed by any of the electronic or digital means that they have accepted by agreeing to the website legal terms and conditions of use.
Refusal to Process an Order
Naëlle reserves the right to withdraw or modify any products on the website at any time, with no prior notice. Although we will make all reasonable efforts to process all orders and send all items, exceptional circumstances may arise that prevent us from processing an order. Should this occur, the affected party shall be duly informed and will receive a full refund for the amount paid.
In Situ S.A. accepts no responsibility for the withdrawal or modification to products featured on its website, regardless of whether they have been sold or not; likewise, it accepts no responsibility for the withdrawal or modification to any of the contents included on the website.
Orders shall be delivered in accordance with the terms and conditions specified in the section entitled Deliveries. All efforts shall be made to meet the delivery deadline of approximately 72 hours following confirmation of the order in the case of Spain, and 5 days in the case of deliveries to outside the Spanish mainland. An order is considered to have been delivered when the recipient thereof has signed a delivery note after having duly identified themselves to the courier or store assistant in the case of deliveries to physical stores.
Inability to Deliver an Order
After 3 unsuccessful delivery attempts (due to the absence of the addressee or reasons not attributable to us), we will contact the customer via any of the electronic means they have provided to inform them of the situation. In these circumstances, we may require the customer to collect the order from the premises of our courier nearest to the address that the order should have been delivered to. The collection period from the courier’s premises will depend on the legislation applicable to each region or country, and therefore customers are urged to collect their orders as soon as possible; otherwise the order will be returned to origin and we will assume that the customer wishes to withdraw from the Contract. Should this occur, we will refund the amount paid for the items as soon as possible, but not any shipping costs.
Price and Payment
All efforts are made to ensure that the prices given are correct, although errors may occur due to factors beyond our control. Should this occur, In Situ S.A. shall inform customers that have placed an order for these items, withdraw them from the order and refund the amount thereof or offer them the opportunity to cancel the entire order. If In Situ S.A. is unable to contact the customer, it shall be entitled to cancel the order and refund the amount paid.
The prices given on this website are inclusive of Spanish VAT (Value Added Tax) but do not include the shipping costs, which shall be added to the order total during the checkout process. These costs vary depending on the country or region the order is to be shipped to, as specified in the section entitled Deliveries.
Naëlle reserves the right to modify the prices of the online store at any time, with the exception of the conditions referred to above, although said changes will not affect orders that have already been placed in any way.
Payment of orders may be made using a Visa or MasterCard or the PayPal system.
In both cases payment must be made when confirming the order. Credit cards are subject to checks and authorisation by the issuing organisation. Should payment not be authorised, In Situ S.A. accepts no responsibility for any possible delays in delivery.
Exchanges and Refunds Policy
- Free Returns to our Stores
If you are not satisfied with an item, you have 30 days after the order has been placed to exchange it or request a refund. It couldn´t be easier!
Just go to one of our Naëlle stores in Spain (excluding outlets, multibrand stores, Aena and El Corte Inglés) and complete the returns form showing wich item(s) you wish to return.
If you need to print out a returns form click here.
The store will give you a return receipt and the money will be refunded to you within 14 calendar days via the same method used for payment.
- Free home pick-up. Valid in Spain & Portugal
You have 30 days after placing your order to return it. To do so, you can request home collection and we will send a courier to collect your parcel.
If you are registered, log into your account and select the order you wish to return.
Scroll down, click on RETURN and choose Free home pick-up, click on Request pick-up and fill the online form.
You will receive a confirmation e-mail with full details of your request.
Print the shipping label, pack the items in the original packaging (if possible), close securely the package, stick the shipping label to the package and we will send a courier to collect your return from the address you select.
The refund will be made using the same payment method to purchase the item within 14 days from the date we receive your parcel at our warehouse
- Returns by mail
You have 30 days from the date your order was purchased to return it by mail.
Package your items securely, in the original packaging if possible, and include the returns form.
If you need to print out a returns form click here.
Send your parcel via your chosen method of transport to the following address:
NAELLE.COM - DEVOLUCIONES ONLINE
P.I. Río de Janeiro.
C/ Rafael Pillado Mourelle
s/n; 28110 Algete (Madrid)
Bare in mind that for returns by post, cash on delivery parcels will not be accepted and shipment costs will not be paid or refunded.
The refund will be made using the same payment method to purchase the item within 14 days from the date we receive your parcel at our warehouse.
- Right of Withdrawal
Pursuant to applicable legislation, customers may withdraw from the Contract (except when the object thereof is subject to exclusions to the right of withdrawal referred to in these Terms and Conditions) within 14 calendar days following the date of delivery of their order. In this case, they will receive a refund for the items in question. Customers shall be liable for the direct costs of the return except in the case of returns to physical stores, which do not incur any costs for customers. Customers may exercise their right to withdrawal by sending a written withdrawal or by returning the products. This provision does not affect the consumers’ statutory rights.
The deadline for accepting returns of items purchased on the website is 14 calendar days following the date of purchase. Items may be returned in two ways: via any of the In Situ S.A. physical stores situated on the Spanish mainland (this applies to Naëlle stores only, not multibrand points of sale) or via the online store.
Once the return has been accepted by the physical store or the quality control department of the online store the amount paid for these items will be refunded. The customer shall be liable for all direct costs arising from the return of items when they are not returned to a physical store, which does not incur any costs for the customer. Customers may exercise their right of withdrawal by sending the duly completed document to this effect included with the order.
- Faulty Products
If a customer receives an item which they consider does not comply with the terms and conditions of the Contract and is faulty, they must contact the In Situ S.A. Customer Service Department in order to resolve the situation. Refunds for articles which are indeed faulty shall be made via the same method of payment used when placing the order.
Limitation of Liability
In Situ S.A. is hereby exonerated from all liability arising from:
- Errors on the website attributable to force majeure, unforeseen circumstances and other non-attributable causes
- Technical and/or mechanical difficulties or viruses that may occur whilst connected to the Internet, in the computer systems (software and hardware) or in the documents and files stored on computers.
- Access by minors to contents included on the website. It is the responsibility of parents or guardians to conduct adequate monitoring of the activity of children or minors under their care.
- Likewise, In Situ S.A. is not liable for the accuracy, updating and legality of the contents of the websites which, where appropriate, are proposed by the company or linked thereto. In Situ S.A. is exonerated from all liability to users regarding the legal conditions of use and the contents of the various websites proposed by or linked to In Situ S.A., and the decision to accept them is the sole responsibility of the user.
In Situ S.A. does not accept responsibility for any communications including the name of Nëlle that have not previously been authorised by In Situ S.A. Likewise, you are hereby informed that all communications concerning actions or calls for participation in any event related to the brand shall always be published on the official website or any of the official social network channels on which the Naëlle brand is present.
©In Situ, S.A. All rights reserved. All the contents displayed on this website, including its graphics and source code are the property of In Situ, S.A. Internet users accessing this Website may view the contents therein and download or reproduce them for their private and personal use on their IT systems, provided that they are not subsequently transferred to third parties or installed on a server connected to the Internet or a local computer network. The distribution, modification, transmission, public communication or any other act that has not been specifically authorised by the holder of the exploitation rights are strictly prohibited. Failure to comply with any of the aforementioned rights may constitute a breach of these terms and conditions, and an offense punishable in accordance with Article 270 and successive articles of the Spanish Criminal Code currently in force. Naëlle® and its logo are trademarks of In Situ, S.A. and use thereof is strictly forbidden without the specific authorisation of the owner. naelle.com is a domain name registered by In Situ, S.A. Domain names registered by In Situ, S.A. may not be used in connection with products and services other than those belonging to the aforementioned company, and may under no circumstances be used in a way that may generate confusion amongst our customers or bring discredit to In Situ S.A.
Modification of Terms and Conditions
In Situ S.A. reserves the right modify these Terms and Conditions at any time. Valid Terms and Conditions shall be those in effect at the time the user visits the website or places an order. This does not include those cases where by law or decisions adopted by government bodies we are obliged to apply changes retroactively, in which case, the possible changes shall also affect orders placed previously.
Law and Jurisdiction
These General Terms and Conditions of Sale are subject to Spanish Law. In the event of any disputes, the parties shall submit to the exclusive jurisdiction of the Courts and Tribunals corresponding to the user’s address, expressly waiving the right to any others.
Revised on 24/05/2018
COMPANY IN CHARGE
IN SITU, S.A.
To access, amend and delete data, as well as other rights, as explained in the extra information www.naelle.com/politica-privacidad
Extra and more detailed information on Data Protection can be found on our website www.naelle.com/politica-privacidad
In accordance with the General Data Protection Regulation (EU) 2016/679, we hereby inform you that the personal data you provide will be incorporated into a computerised file registered with the Data Protection Agency under the name of the company in charge of the data named below and created and used by the company for the purposes indicated below. The owner expressly authorises the company to transfer such data to third parties as described below, for the purposes indicated. You are hereby informed that you may exercise your rights to access, omit, limit the processing, portability, amend, contest and cancel your data by writing to the address stated in point 1.
WHO IS IN CHARGE OF PROCESSING YOUR DATA?
The company in charge of processing your data is IN SITU, S.A. with registered address at calle Valportillo Primera, nº 2 in Alcobendas (Madrid) and with tax code A78234747
You can contact us through our email address: email@example.com,or by writing to the address listed in the preceding paragraph or by telephoning 91 484 44 00
WHY DO WE PROCESS YOUR PERSONAL DATA?
Your data is processed for the following purposes:
a) To offer you our products, services and promotions when you subscribe to our Club Estilo loyalty programme at our establishments, by signing up for the newsletter on our website or by creating an account on our online sales platform.
In this case the data we process from individuals includes the following: Name and Surname, Address, ID number so we can identify you at our establishments if you wish without having to show your membership card, telephone number, email address and date of birth.
In this case the legal requirement for processing such data is to obtain the consent of the individuals and the data can be passed to other companies of the group of our company IN SITU, S.A. as well as to service providers dealing with data processing such as information technology providers (a platform provider for example, or a software provider), franchisees and suppliers in general in order to provide the service described at the beginning of this section (communications sending companies, profiling companies).
We retain the data as long as the data subject does not request its deletion.
With regards the website, browsing may be carried out completely anonymously and our web server will only keep a series of public and freely accessible data for strictly statistical purposes: the domain name or IP address of the Internet access provider, the date and time of access to our website and the Internet address from where the hyperlink to our website started. In certain areas of our website, the user is asked for a series of personal data. In all cases the user will always have the option of accepting or rejecting the legal terms and conditions under which they provide this data. If the user accepts the conditions, they will provide the data on a voluntary basis, after notification to that effect on the corresponding screen.
b) To process and execute the online purchases of customers on our website, from the management of orders, payment administration, shipping the orders as well as resolving any incident that may occur within this area.
We will also process the data of individuals to contact them if they saved items in their shopping basket or in their wish list without actually purchasing them, so we can inform them of the availability of a product if they have requested it.
In this case the following data will be processed: ID, username and password, purchase history, email, IP address, date of abandonment, date of registration on the website.
The legal basis for processing this data is the contractual relationship maintained with customers. In this case, the data subject must provide the data necessary for the execution of the contract. If the data subject does not provide this data, they will not be able to purchase items.
We retain data only for the time necessary to carry out the purchase process if the purchase is not completed via a user account. In the event that under the contract the customer makes their purchase via a user account as they are registered, we will keep the data as long as the data subject does not request its cancellation. In all cases, in accordance with the legal obligations with which we must comply at all times, we will keep the data relating to the sale.
The data may be passed to companies belonging to the same group as our company IN SITU, S.A. as well as to service providers dealing with data processing such as information technology providers (a platform provider for example, or a software provider), franchisees, transport companies, payment service providers and third parties in general in order to provide the service described at the beginning of this section (online purchase and sale).
c) Use of technical and functional applications such as cookies.
We may sometimes use a technology called cookies to provide a range of personalised contents and/or services. A 'cookie' is a small element of data that a website can send to the user’s web browser. In turn, this element can then be stored on the hard drive of the user’s computer so that we can recognise the user when they return to our website. The user will always have the option of specifying, in the preferences section of their browser, that they want to receive a warning before accepting any cookie. Each cookie will store the following data: the date and time of the user’s most recent visit to our website, the content design that the user chose on their first visit to our website and the security elements involved in controlling access to the restricted areas. To learn more, please read our Cookies Policy.
The legal basis for the use of such techniques is our legitimate interest in providing a secure website or platform that functions correctly. In all cases, we understand that if individuals use our services, it is because they accept the use of these cookies.
The personal data processed for this purpose will only be disclosed to providers of platform analysis and optimisation tools.
For this purpose we only retain the data as long as the data subjects do not delete the cookies by changing their computer settings as described here. If the cookies are deactivated, the user will not be able to enjoy all the characteristics of our website.
IN SITU, S.A., applies profiling techniques to data such as name and surname, gender, email, postal address, telephone number, date of birth, description of preferences, order details and purchase history and the information compiled during the navigation process…., to evaluate certain aspects of consumers to analyse or predict their purchasing preferences, their interests and location. Based on this assessment, we send consumers communications and/or content adapted to suit their interests. So, for example, based on the location of consumers, we may send invitations out for in-store events or specific promotions.
The legal basis for this profiling and other techniques used to produce statistics is our legitimate interest in knowing the purchase needs of consumers, their level of satisfaction and that this helps our company to improve the products we offer and also the sales service we provide.
We retain the data as long as the data subject does not object.
We do not make automated decisions based on the profiles compiled.
e) Customer service
In order to respond to any request, incident or complaint raised by the consumer we process the following data: name and surnames, email, postal address, telephone number, payment history and information, ID, correspondence with consumers.
The legal basis for such processing is our legitimate interest in responding to such requests from the data subjects as well as our obligation to fulfil the contractual relationship with our customers’ customers (for example, if there is a problem with the order).
We will keep this data only for the period of time reasonably necessary to respond to the questions above or to resolve any problems that may arise in the event that the individual is not a member of our Club Estilo or does not have an account on our online platform. Otherwise, the data will be kept until the individual cancels their registration to the website, notwithstanding the fact that in accordance with the requirements of the applicable regulations, we will keep any data required by law or data which may be necessary for our legitimate interest to defend the company against any possible claims.
WHAT ARE THE LEGITIMATE REASONS FOR PROCESSING YOUR DATA?
As we have explained, we process your data for the following legitimate reasons:
- Execution of the contract for the purchase of our products.
- Compliance with legal obligations in relation to sales to customers
- Legitimate interest in the profiling procedures we carry out, applying techniques such as cookies or producing statistics.
- Consent to join the Club Estilo, for subscription to the newsletter, commercial communications, product availability alert service and to create accounts on our sales website.
TO WHOM WILL YOUR DATA BE SENT?
In response to this question, the personal data of individuals may be transferred and/or disclosed to:
- Companies of the IN SITU Group and franchisors of its brands.
- Public Entities when so required by any applicable regulation, whether fiscal, Social Security or any other in force.
- Data processors such as providers of any service provided to IN SITU for the purposes described above: software companies, communications sending companies, transport companies, payment services companies etc… In all cases these are trusted providers with whom we hold contracts. We only provide them with the data necessary for them to carry out the contracted service and they must not use the data for any other purpose.
We do not sell your personal data.
The rights of those concerned are:
- Right to access: the right to have us confirm to data subjects whether we process personal data relating to them and, if so, the right to know what data we hold by obtaining a copy.
- Right to information: the right to obtain clear and concise information about the way in which we process data subjects’ data.
- Right to amendment: the data subject has the right to have their data amended by us if it is incorrect or incomplete.
- Right to deletion: the right of data subjects to delete their data (right of omission)
- Right to opposition: the data subject may object to us processing their data unless we have overriding legitimate interests that prevail, or for our defence in any claims that may arise.
- Right to limitation: the data subject may request that the processing procedures that would apply in each case not be applied to their personal data.
- Right to portability: if the data subject so requests, their personal data can be transferred directly from one company to another, whenever this is technically possible.
- Right to complain: the data subject has the right to complain to the Spanish Data Protection Agency.
You can contact us through our email address: firstname.lastname@example.org, by writing to the address at calle Valportillo Primera, nº 2 in Alcobendas (Madrid) or by telephoning (+34) 91 484 44 00