General Contract Conditions
These General Contract Conditions apply to contracts for goods sold by the entity NEEDEN EUROPA, S.L., operating under the brand name “Needen®” (“NEEDEN EUROPA”), through the website that it owns at the URL addresses en.needen.lu and needen.com (the “Web”), to an Internet user (the “Customer/s”).
The identification and contact details of NEEDEN EUROPA are as follows:
Registered office: Via Laietana 47, 2th floor 08003 Barcelona
Tax Id no: B-67329508
Email: kunde@needen.lu
Telephone: +35 280081633 (hours from 10.00 to 13.00 and 14.00 to 19.00, Monday to Friday, except local festival days)
When making a purchase order through the Web, the Customer declares being 18 years of age and having legal capacity to contract for good offered on the Web. To that end, NEEDEN EUROPA reserves the option of asking the Customer, at any time, for documentation evidencing his or her age. Should NEEDEN EUROPA establish that the Customer is not of the required age or should the user not attend to the request from NEEDEN EUROPA, or not do so correctly, NEEDEN EUROPA will not permit the contract for the goods in question.
Contracting for goods offered through the Web means acceptance of the terms and conditions of the General Contract Conditions, for which reason, before proceeding to their acceptance, you should read them carefully. If the General Contract Conditions are not accepted, the contract for the goods will not be effective and no resulting obligation and/or liability of any kind will be accepted by NEEDEN EUROPA.
NEEDEN EUROPA also reserves the right to alter the content and/or scope of the General Contract Conditions at any time.
Procedure
In order to contract for goods offered through the Web, the Customer must follow each of the steps in the procedure set out in the Web. To acquire goods, it will not be necessary to be registered in the Web through the section “Register now”, as the goods can be contracted directly through the “Express Payment” system or through Facebook and/or Google Connect, with their own credentials.
The Customer must bear in mind that access to and, where applicable, registration on Facebook and Google is governed by the terms and conditions set out by Facebook and Google, respectively, so that NEEDEN EUROPA will not be responsible for any possible default on those terms and conditions by Customers.
In later purchase processes, in the event that the Customer has registered, it will only be necessary to supply the user name or e-mail address and password in the “Log in” section.
Price and form of payment
The prices of the goods will be in Euro, as listed in the Web, and will include VAT and any other tax and/or duty that may be applicable, as well as any delivery charge, all duly identified.
Additionally, NEEDEN EUROPA can offer discounts in the context of certain promotions, although these discounts cannot be combined with other promotions.
NEEDEN EUROPA reserves the right, at any time, to make any alterations considered appropriate to the prices of the goods. In any case, the price applicable to the order contracted by the Customer will be that in force at the time of accepting the General Contract Conditions with respect to the goods selected.
NEEDEN EUROPA applies its best efforts to offer you exact and complete information on the goods, as up to date as possible.
The Customer can make payment using one of the following ‘Forms of payment’:
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Credit card (Visa, Mastercard and American Express)
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Bank transfer
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Payment platforms: Sofort, Apple Pay and Amazon Pay
Following payment, the Customer will receive an email confirming the contract and a copy of these General Contract Conditions.
Delivery of goods
The order for the goods will become binding when the Customer confirms it in the contract procedure.
When NEEDEN EUROPA has checked that the contract is all correct, it will then deliver the goods to the address indicated by the Customer in the contract procedure, within the time set in the Web section on ‘Despatch information’, which in no case will be later than thirty (30) days following Customer acceptance of the order. No deliveries of goods will take place on Saturdays, Sundays and/or festival days in the messenger service company, the delivery being made on the first working day thereafter.
The Customer can at any time check on the state of his order through the section ‘My orders’.
Delivery of the goods will be considered completed when they have been made available to the Customer.
All purchase orders for goods are subject to availability. In the event of the goods not being available, NEEDEN EUROPA will inform the Customer and can offer a product of similar characteristics and of the same or better quality, although the Customer has the alternative of cancelling the order and recovering the amount paid within a maximum of thirty (30) days.
If the Customer is absent when the goods are to be delivered, the messenger service engaged for the delivery will leave a note indicating how to arrange a new delivery time.
Liability
NEEDEN EUROPA will not be responsible for errors which may occur in the delivery of goods in the event that the Customer has not correctly completed the form provided in the Web. If any incident should occur which affects delivery of the goods, NEEDEN EUROPA will inform the Customer as soon as it becomes aware of the problem.
The risk of the goods will be transferred to the Customer from the moment that they have been made available and, in the event of returns, will continue to be the Customer’s risk until the goods are delivered to NEEDEN EUROPA.
Guarantee
The guarantee on goods sold through the Web will be adjusted to the terms of current legislation and, therefore, in general, NEEDEN EUROPA will answer for faults in conformity established by the Customer during a period of two (2) years from delivery of the goods.
Specifically, if the goods sold by NEEDEN EUROPA should not be in order, the Customer can choose between their repair or replacement of the goods (unless one of these options is impossible or disproportionate) or, alternatively, between a reduction in price or termination of the contractual relationship in accordance with current legislation.
The Customer must inform NEEDEN EUROPA of the fault in conformity within a maximum of two (2) months from becoming aware of it.
The above notwithstanding, it will be understood that the goods are in order and, therefore, are outside any guarantee when:
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The damage or deterioration in goods sold by NEEDEN EUROPA is caused by factors outside the control of the manufacturer or NEEDEN EUROPA or, as applicable, of whoever acts under their responsibility (force majeure, accident, etc.) or as a consequence of incorrect configuration and/or installation of the goods by the Customer; and
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The damage or deterioration in the goods sold is due to or caused by a component which has not been supplied by the manufacturer or NEEDEN EUROPA or is the consequence of alterations or repairs carried out by agents other than the manufacturer or NEEDEN EUROPA or, as applicable, whoever acts under their responsibility.
In the case of goods returned for lack of conformity, the costs of return will be for the charge of NEEDEN EUROPA.
Cancellation
In every case, the Customer has a period of fourteen (14) calendar days counting from the date of receiving the product to exercise his right of cancellation without this meaning any cost to the Customer.
However, the Customer is not entitled to exercise the right of cancellation for the supply of, among others, (i) products that have been made to the Customer’s clearly personalised specifications and (ii) sealed products which are not suitable for return due to reasons of health or hygiene protection, where they have been opened after delivery, and other cases provided by the regulations of application.
To exercise the right of cancellation, the Customer must fill in the Cancellation Form and send the goods to be returned together with all the instructions, documents and packaging.
Having exercised the right of cancellation and, in every case, within a maximum of fourteen (14) calendar days from receiving the goods and the Cancellation Form, NEEDEN EUROPA will make the relevant credit payment to return to the Customer the full amount for the purchase and delivery charge.
Personal data protection
In relation with personal data supplied by the Customer during the contract procedure, NEEDEN EUROPA, as Controller of Processing, advises you that they will be processed in accordance with the following:
Purposes:
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Management of sales of goods contracted through the Web.
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The sending of informative communications on NEEDEN EUROPA, also possible offers and product novelties.
Legitimisation: The legal basis for the data processing is the execution of the contractual relationship. In the forms supplied in the Web the Customer needs to fill in all the fields marked as “required”. If the personal data required are not all supplied, this may mean that it is impossible to carry out the contract requested or, as appropriate, the sending of the information communications. The Customer must communicate correct current personal data so that the information contained in the files is updated and free of errors.
Storage: The personal data will be stored for the legal period envisaged by current regulations (especially those fiscal and accounting).
Data transfers: The data can be communicated to the financial entities and/or payment portals specified in the contract procedure for management of payment for the goods and, where appropriate, to the Public Authorities, in accordance with current regulations.
Rights: The Customer can exercise his rights of access, rectification, erasure, limitation, portability and objection to the data processing by sending an email to kunde@needen.lu. In the event that no satisfactory response is obtained or more information is required regarding any of these rights, you can get in touch with the Spanish Data Protection Agency (www.aepd.es).
Security Measures: NEEDEN EUROPA has installed the necessary technical and organisational security measures to guarantee the security of your personal data and prevent their alteration, loss, unauthorised processing and/or access, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, whether due to human action or to physical or natural means.
Complaints and claims
The Customer should contact NEEDEN EUROPA, using the means indicated at the start of the General Contract Conditions, to communicate any complaints and claims. NEEDEN EUROPA undertakes to attend to them as fast as possible and, in any case, within one month from receiving them.
The Customer will have the right to obtain an invoice on a physical support for any order made.
Nullity
If any of the clauses of the General Contract Conditions should be declared, totally or partially, null or ineffective, that nullity or ineffectiveness will only affect that clause or the part of it which is null or ineffective and all the rest will remain valid, the affected clause or part of it being understood as not there. To that end, the General Contract Conditions will only cease to be valid exclusively with respect to the null or ineffective clause, and no other part or clause will be cancelled, invalidated, prejudiced or affected by that nullity or ineffectiveness
Language
The General Contract Conditions are written in English.
Legislation applicable and jurisdiction
Las General Contract Conditions will be governed and interpreted in accordance with Spanish legislation.
In accordance with art. 14 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013, on online resolution for customer disputes, Customers are informed that they can submit their claims to the Online Dispute Resolution platform which is accessed through the following link: http://e.europa.eu/consumers/odr.
Also, in the event that any dispute or conflict should arise in the interpretation and/or application of the General Contract Conditions, the competent courts will be those specified in the regulations applicable on the competent jurisdiction in matters of consumers and users.
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CANCELLATION FORM
To exercise the right of cancellation, the Customer must complete the Cancellation Form by clicking on the special link provided on their order tracking page and send the product to be returned with all instructions, documents and packaging.
