Legal Notice and Contract Conditions

OBJECT

This legal notice regulates the use and use of the website www.nushu.cat owned by GEMMA VILALTA MARTÍNEZ

Browsing the website gives you the status of USER of this and entails your full and unreserved acceptance of each and every one of the conditions published in this legal notice, warning that these conditions may be modified without prior notice from GEMMA VILALTA MARTÍNEZ, in which case it will be published and notified as far in advance as possible.

Therefore, it is recommended to carefully read its content if you wish to access and make use of the information and services offered on this website.

The user also undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and will respond to GEMMA VILALTA MARTÍNEZ or to third parties. , of any damages that may be caused as a consequence of the breach of said obligation.

Any use other than that authorized is expressly prohibited, and GEMMA VILALTA MARTÍNEZ may deny or withdraw access and its use at any time.

1 IDENTIFICATION

GEMMA VILALTA MARTÍNEZ, in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, informs you that:

• Its corporate name is: GEMMA VILALTA MARTÍNEZ
• Its commercial name is: NUSHU
• Its registered office is at AV. DR. MARIÀ SERRA, Núm 1 – BAIXOS 08360 CANET DE MAR – BARCELONA

2 COMMUNICATIONS

To communicate with us, we put at your disposal different means of contact that we detail below:

• Phone 607357387
• Email: gemotings@gmail.com
• Postal address: AV. DR. MARIÀ SERRA, No. 1 – BAIXOS, 08360 CANET DE MAR – BARCELONA

All notifications and communications between users and NUSHU will be considered effective, for all purposes, when they are made through any of the means detailed above.

3 CONDITIONS OF ACCESS AND USE

The website and its information are freely accessible. However, NUSHU may condition the use of some of the services offered on its website to the prior formalization of the corresponding contract for the provision of services under licenses.

The user guarantees the authenticity and topicality of all the data that he communicates to NUSHU and will be solely responsible for the false or inaccurate statements that he makes.

The user expressly agrees to make appropriate use of the content and services of NUSHU and not to use them for, among others:

1. Disseminate criminal, violent, pornographic, racist, xenophobic, offensive content, in support of terrorism or, in general, contrary to law or public order.
2. Introduce computer viruses into the network or carry out actions that may alter, damage, interrupt or generate errors or damages in the electronic documents, data or physical and logical systems of NUSHU or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which NUSHU provides its services.
3. Attempt to access the email accounts of other users or to restricted areas of the NUSHU or third-party computer systems and, where appropriate, extract information.
4. Violate intellectual or industrial property rights, as well as violate the confidentiality of the information of NUSHU or third parties.
5. Impersonate the identity of any other user.
6. Reproduce, copy, distribute, make available to, NUSHU or any other 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.
7. Collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to NUSHU, and none of the rights can be understood as assigned to the user. of exploitation on them beyond what is strictly necessary for the correct use of the web.

In short, the users who access this website can view the contents and, where appropriate, make authorized private copies as long as the reproduced elements are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to no exploitation.

Likewise, all the brands, trade names or distinctive signs of any kind that appear on the website are the property of NUSHU, without it being understood that the use or access to it attributes to the user any right over them.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of relations between NUSHU and the owner of the website on which it is established, nor the acceptance and approval by NUSHU of its contents or services.

NUSHU is not responsible for the use that each user gives to the materials made available on this website or for the actions carried out based on them.

3.1 EXCLUSION OF LIABILITY IN ACCESS AND USE OF THE WEB

The owner of the website excludes any responsibility related to the availability, reliability and continuity of the website, although he always tries to reestablish the interruption as soon as possible and, to the extent of his possibilities, have alternative means.

NUSHU excludes, to the extent permitted by law, any liability for damages of any kind arising from:

1. The impossibility of accessing the website or the lack of veracity, accuracy, exhaustiveness and / or topicality of the contents, as well as the existence of vices and defects of all kinds of the content transmitted, disseminated, stored, made available, to the that has been accessed through the website or the services offered.
2. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
3. The breach of laws, good faith, public order, traffic usages and this legal notice as a result of incorrect use of the website. In particular, and by way of example, nushu is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and one’s own image, as well as the regulations on unfair competition and illegal advertising.

Likewise, NUSHU declines any responsibility regarding the information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources that may expand the content offered by this website. NUSHU does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, and therefore will not be responsible for the results obtained. NUSHU is not responsible for the establishment of hyperlinks by third parties.

3.2 PROCEDURE IN CASE OF CONDUCTING ILLICIT ACTIVITIES

In the event that any user or a third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and / or the carrying out of any activity on the web pages included or accessible through the website, they must send a notification to NUSHU properly identifying and specifying the alleged infractions.

3.3 PUBLICATIONS

The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts that have to be formally published in the official newspapers of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide without legal validity.

GENERAL CONTRACTING CONDITIONS

The present General Contracting Conditions, hereinafter CGC, are established to regulate the commercial relationship between NUSHU and the User or client for the contracting carried out through the form that NUSHU makes available to them on its website www.nushu.cat

Contracting through the website will imply the express acceptance of these conditions, as well as the conditions established in the Legal Notice and Privacy Policy. These conditions will be applied without prejudice to the legal regulations on the matter that are applied in each case.

These CGC are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, to Law 26/1984, of July 19. General Law for the Defense of consumers and Users, to Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting, 3/2014 Law amending the Consolidated Text of the General Law for the Defense of Consumers and Users and other Complementary Laws, the General Data Protection Regulation RGPD 679/2016 of the European Union, the organic data protection law 3/2018, law 7/1996, of January 15, Ordination of the Retail trade,The Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce and NUSHU reserves the right to make the modifications it deems appropriate, without prior notice, in the Conditions. Said modifications may be made, through its website, by any legally admissible form and shall be binding during the time they are published on the web and until they are validly modified by subsequent ones. However, NUSHU reserves the right to apply, in certain cases, Specific Contracting Conditions, which will prevail in preference to the CGCby any legally admissible form and will be binding during the time they are published on the web and until they are validly modified by subsequent ones. However, NUSHU reserves the right to apply, in certain cases, Specific Contracting Conditions, which will prevail in preference to the CGCby any legally admissible form and will be binding during the time they are published on the web and until they are validly modified by subsequent ones. However, NUSHU reserves the right to apply, in certain cases, Specific Contracting Conditions, which will prevail in preference to the CGC

The user may place the order once registered as such on the website. The registered user has a personal area in the section “start session”, in it, they can access the link “view or modify their data” and thus identify and rectify possible errors made in the data entry.

All the documentation sent to the client will be formalized in the Spanish language.

INFORMATION PRIOR TO HIRING

NUSHU informs that the reservation and purchase procedure through its web pages is detailed in the PURCHASE CONDITIONS section.

By contracting with NUSHU through its website, the user or client expressly declares to know, understand and accept the conditions expressed in the Legal Notice, Privacy Policy, Cookies Policy, as well as these General Contracting Conditions.

In the same way, the user declares to be of legal age and have the legal capacity to act necessary to access the web and to make purchases through it. In case of being minor, the responsibility will fall on the hands of their parents or legal guardians.

NUSHU explicitly refuses to submit to other conditions regarding the purchases of customers and users that do not comply with what is described in this document.

PURCHASE CONDITIONS

1.- Product offer and price reference.

In compliance with current regulations and especially Law 34/2002 on Services of the Information Society and Electronic Commerce, NUSHU offers information on all products for sale, their characteristics and prices on its website. There may be slight variations in the final appearance of the product with respect to the photographs shown because all the products are made by hand.

Likewise, it reserves the right to withdraw, replace or change the products offered to its customers through its website, by simply changing the content of the same. In this way, the products offered at any time by the website will be governed by the General or Particular Conditions in force in each case. In addition, it has the power to stop offering, without prior notice and at any time, access to the referred products.

2.- Price policy.

All the prices indicated on the website include VAT and other taxes that may correspond and are expressed in Euros. However, these prices do not include the costs of shipping the products, which are detailed separately and must be accepted by the customer or user.

3.- Shipping costs.

For the transport service, shipping has been established through a parcel company. There is also the possibility that you can pick up at the workshop at the following address: Av. Dr. Marià Serra 1 baixos. 08360 Canet de Mar (Barcelona)

The territorial scope of activity includes the entire peninsula, the Balearic Islands and Andorra, however, for orders with shipping to other destinations such as the Canary Islands and for the rest of the countries of Europe request information at hola@nushu.cat

In all cases, the transport price is indicated separately, and they are calculated according to the destination. For purchases over € 100.00 it is established that the shipping costs will be free.

If applicable, customs duties and taxes are borne by the customer without exception.

4.- Availability.

The availability of the products offered by this website may vary depending on the demand of customers or users. If the requested product is out of stock at the time of the order, the customer is informed and taking into account that all the products are made by hand, the production time can range from 5 to 7 business days. Once made, it will be shipped or physically delivered according to the option chosen by the client. NUSHU will apply the same deadlines in the event that the product purchased is personalized.

5.- Delivery of the order.

The approximate time for delivery of your order is 24-48 hours.

In all cases, deliveries will be made on business days, to the delivery address indicated by the client. The customer will be responsible for ensuring that there are no impediments of any kind to it and must sign the delivery note.

6.-Payment method .

The customer can choose between the following forms of payment:

• Credit Cards : www.nushu.cat accepts payment by Visa, MasterCard and Maestro card.
• Transfer: by entering the account indicated in the payment process. Important: if the payment is not confirmed within 72 hours, the order will be automatically canceled.

Your order will be processed at the moment the payment has been authorized by your bank or cashier. Online payment is made through a payment gateway with a secure connection, through the virtual POS of Caixabank and Redsys.es. The payment gateway establishes the security standards, in the case of Visa, MasterCard and Maestro cards, registered in the Verified by Visa secure payment system. that establishes the use of exclusive passwords that guarantee the security of the use of your credit card since they are encrypted when transmitted over the internet.

Likewise, NUSHU, reserves the possibility of asking the user to provide additional information to manage their purchase .

7.- Security.

www.nushu.cat guarantees that all the transactions it manages are 100% secure and that extras will never be charged to your card.

Our online purchasing software is totally safe.

All the information you provide us in the development of the purchase process is computerized and is governed by current legislation on the matter.

The transmission of all personal data is carried out through a secure environment, with a secure line server in which the information is encrypted, thus preventing any unauthorized access to it.

8.-Guarantee.

All the products you will find in the store are designed to make menstruating people and other women’s realities easier and more sustainable by thinking about every detail and carefully choosing and combining the selected fabrics. All textiles have been previously studied to verify that they meet their objective. NUSHU uses textiles with the OEKO-TEX certificate which means that they do not contain harmful substances either in the textiles or in the manufacturing stages of the products in order to obtain and guarantee a higher quality of their products in terms of health and sustainability.

The confection is handmade, the store offers the products with certain combinations, but at the same time it also offers the possibility in certain cases to personalize the products with other combinations suggested by the client to achieve something special, exclusive, functional, of quality, different and original and personalized.

In case of personalizing a product, please make sure that you correctly select the combinations according to your tastes. In case of error NUSHU is not responsible for the corrections, which will be borne by the customer.

We have prepared a frequently asked questions section in order to indicate good cleaning and maintenance practices for the products on our website.

9. – Right of Withdrawal.

The right of withdrawal is the power that the user has to withdraw a contract concluded remotely in certain cases, without the need to justify his decision and without penalty of any kind.

The term that is available for the exercise of the right of withdrawal in general is 14 calendar days and will not be subject to any formality. In any case, it will be considered validly exercised by sending a withdrawal document or by returning the products received within the legally established period.

In the event that the product has been personalized and as established by the regulations, it will not be possible to invoke the right of withdrawal, since the order has been made according to the client’s written instructions and specifications.

10.- Jurisdiction and applicable law.

The provision of the services of www.nushu.cat s governed by what is agreed between the parties and by what is established in these general conditions, the current regional regulations, at the place of conclusion of the contract and, in default of these, by what provided in the Law amending the Consolidated Text of the General Law for the Defense of Consumers and Users and Complementary Laws.

Any dispute will be submitted to the Courts and Tribunals of the competent judicial party.