Condiciones generales
This page states the Terms and Conditions under which you use www.noirfonce.eu . Please note that any use of this website means that you agree to the following Terms and Conditions. We reserve the right to change the terms and conditions without notice.
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
In these Terms:
"Website" means Our website at www.noirfonce.eu
"Goods" means the goods or products, which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order, which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means SA2L Pharmacie SL (t/a "Noirfonce")
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
About this Website
This Website is operated by Shopify and SA2L Pharmacie SL (t/a "Noirfonce"), a company registered in Spain.
This Website is aimed at people who are consumers. The information on this Website is in English, Spanish and French, all communications shall be in English, Spanish or French.
Our Rights in the Website
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information, which you upload to Our Website as We decide and We may also disclose that information to a third party.
Website Content
We have taken great care in compiling this Website but we will not be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information, which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information, which We provide, is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent, which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
How you must use this Website
Submissions or comments, which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information, which You submit, should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information, which You provide, is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features, which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Personal Information
Under the Spanish Law of data protection, we ask you to consent to us storing and processing data about you. All personal information you provide to us or that we obtain when you register to buy or visit our web site will be considered by Noirfonce acting as data controller. The information will be used for the purpose of purchases to fulfill our commitment to you, perform any credit checks, and alert you to deals in your personal areas of interest and also for marketing purposes. To this end, we also need to be able to transfer this information to our partners. Noirfonce will however never allow third parties to use your personal data for marketing purposes. You have the right to request access to the personal information held about you. If they are inaccurate, incomplete or irrelevant you have the right to request that information is corrected or deleted. In light of the information Noirfonce now provided you agree, by registering, to Noirfonce may store and process personal information about you, and that these data may be transferred to other companies based in Europe and abroad in accordance with what is stated above, or what is otherwise subject to the Spanish law of data protection or similar legislation in each country.
Our Agreement for the Sale of Goods and the Ordering Process
The Website displays Goods, which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, we are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order, which You place, will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
Please note that, since January 2020, any order placed from outside of the European Economic Area, including Nike products, will be cancelled
Our Rights in the Goods
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
Privacy policy
All the information you provide to noirfonce.eu including your email address, delivery address and credit card details are strictly private and confidential. Noirfonce.eu uses a secure socket layer (ssl) protocol to protect your information against any leakage or misuse. Credit card transactions are processed via Paypal and Shopify. In the unfortunate event that your information has been leaked or misused, noirfonce.eu cannot be held liable for any losses incurred to you. The prices of our products do not incl. duties and taxes of your country, we will not be responsable of any extra cost.
Please check our “privacy policy” section
The Orders
Please note that, since January 2020, any order placed from outside of the European Economic Area, including Nike products, will be cancelled
Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You, shall have no effect. Any variation of the Contract must be confirmed in writing by Us. ( info@noirfonce.eu )
The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery :
1 - Choosing your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Cart".
2 - Reviewing Your Cart
You can review the products, which You have added to Your Cart. You can change the contents of Your cart by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking on "-" button subtract to remove and viewing the basket total value. You can also enter any promotional code, which You may have. Entering a valid promotional code and clicking 'Apply' will update the basket total. You can then continue shopping and adding products to Your cart if You wish or if You don't want to buy anything else, go straight to the next step.
3 - Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on "Continue" or by hovering over the basket icon in the top right hand corner of the page and then clicking "Checkout".
4 - Customer registration
You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, you have the option to pay with PayPal at this stage by clicking on the PayPal link.
5 - Completing the Address Details
You will be asked to enter Your delivery address, then by clicking on "Continue to Shipping" You will be given a list of delivery options. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. Once the Shipping Method is selected, "Continue to Payment" . All customers will have the option of selecting the same address as Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
6 - Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click "Order Now". Please provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
7 - Placing Your Order
By clicking on "Order Now", You are confirming that You have read, understood and accepted these Terms. At this point Your details will be submitted to Us.
8 - Order Confirmation
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place once we send you your tracking number.
We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where :
- Your Order contains a Nike Product to ship outside the European Economic Area
- We are unable to obtain authorised payment or the payment process is incomplete; or
- We identify a product or pricing error on the Website; or
- You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
- We suspect that Your Order is related to fraudulent activity; or
- You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
- Goods are unavailable or out of stock.
We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. We may do this if Your Order is of particularly high value.
The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods, which can be included in an Order. If the total value of Goods in Your bag exceeds a normal quantity, we may contact you or directly cancel Your Order
Order confirmation
When you complete a purchase you will be sent an automatic order confirmation to the e-mail address that you provided during registration. If there hasn’t been any confirmation after a few minutes, make sure that the email has not ended up in the spam folder. You should also be able to see your order under "my account" when you are logged in. That is also where your order status will be updated when we have shipped your order, and that is also where your order will be searchable. Note that this email is automated generated, would there be something missing in your order we will contact you in a separate e-mail.
Please note that after receiving your order confirmation e-mail, your order can still be cancelled for different reasons including unavailability of the product.
You should receive under 24h an e-mail including the tracking number that will be the final confirmation of your order.
Once We provide you the tracking number, We won't be able to cancel or modify your order.
Duration
You are a registered member until further notice. You can by contacting us, cancel your membership. In that case we will delete all information that is not deemed necessary to save. It is of course free of charge to be a member of Noirfonce.
Price and Payment
Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in euros. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on the shipping basket page below Your chosen items. If You Order more than 1 Product, the shipping cost may change.
We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be refunded on the same method on which You placed Your Order.
Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
We must receive payment for the Goods in full before they are despatched.
We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will activate your refund under 72h, it will be back on your account by 2 (two) to 14 (fourteen) days, this delay depends on you bank. We will not be responsible for any compensation if the product You order are not available for any reason.
We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible.
Cancel, return and exchange
Important : We won't accept any returns from outside the European Economic Area
We won’t accept returns if the product has been worn, used, is dirty, without original box, or without original tags. We understand that You can try your product at home, but once you've used it outside, we won't accept it, you will not be refunded, and you will have to pay the shipping cost to get it back.
Please double box you return. If the Post Office brings us a return that has not been protected by a box ( you can use the same that we sent you ), we will refuse it.
We don´t offer direct exchange, place a new Order and send us back your first order in perfect conditions, We will refund it once we receive it.
We will be extremely strict on these conditions, as these products are destined to go back to our online store. We guess that You would not like to pay for a product and receive it with a damaged box or worn
Please check our « return » section at the bottom of our frontpage.
You have a legal right to cancel the Order (subject to certain exceptions set out below) before you receive your tracking number, after that We won't be able to cancel it.
You have a legal right to return Your Order within 14 days after You receive the Goods. The Product has to be in perfect conditions.
You can cancel Your Order by contacting us by e-mail. You should keep evidence of having given notice of cancellation, such as an e-mail receipt. You must return the Goods to Us (at your own risk and cost) within 14 days.
Phone : +34 910 223 190 ( Monday - Friday: 11h-16h)
Email: info@noirfonce.eu
Adress : SA2L Pharmacie, Calle Adelfa 3, 28970 Humanes de Madrid, Spain.
If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
We will activate your refund of the full purchase price paid within 72h after receiving the returned Goods. It will be back to your bank account by 2-14 days ( depends on Your Bank )
We won’t accept returns if the product has been wear, use, dirty, without original box, or without original tags. All products must be in perfect resalable conditions.
We will not to refund items that appear to have been worn, washed, or are not in original condition.
We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
We consider that all the products we send are in perfect condition
If you receive a product with a defect, if the size or the product is not the one you ordered, please contact us as soon as possible, we will replace them, or refund the full purchase price of the goods if we accept that there is a manufacturing defect or other fault in the goods. This is subject to your return of the goods within a reasonable time.
We will replace the goods or refund you provided that the defect or fault is not caused by normal wear and tear, damage caused deliberately or accidentally, your negligence or if you do not follow the instructions of the product or if the goods have been wrong used, or modified. Any refund will also include any delivery charges you have paid and your costs for returning the goods.
We provide a possible exchange or refund in case that a product is defective within 6 months from the date of purchase, after this time we are no longer responsible for the quality of the product.
Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
We will aim to process Your refund or replace the Goods within 2 days after receiving your return. If you have paid using a credit or debit card and if You choose to return Goods to one of Our stores, you will be refunded by the same payment method that you paid. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
We will not be responsible for Goods which are lost or damaged by the post.
Remember that we are not refunding any shipping or handling charges.
Our Liability
Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligenge or any liability for fraudulent misrepresentation or fraudo r liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be ilegal for us to exclude. Your statutory rights are not affected.
To the extent that we are liable to you in respect of breach of contract, for negligence or for any other liability in relation to the goods or this contracto r otherwise, our total liability to you will be limited to three times the price of the goods which are the subject of the liability, paid by you to us.
Some of the items, which We offer for sale, are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
We disclaims any liability for any losses or damages, as far as this is allowed by the laws of spain. If other than spanish laws are applicable, noirfonce.eu’s liability for negligence shall be limited to the total value of the transaction.
Delivery
We aim to deliver the Goods within the indicative timescales shown on Our Website (Section: Shipping ).
Once We receive Your Order, it will be shipped under 3 working days. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance, which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time.
If Goods are out of stock then We will let you know by e-mail If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver from multiple consignments.
Ownership of the Goods will only pass to You upon despatch of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone or e-mail using the contact details as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse any delivery costs, which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. You should not use any Goods, which You receive in error and intend to return, You have to send them back in perfect condition.
Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method, which We use, may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please contact us. If the Goods are not delivered on the date expected you should notify us of such non-delivery within 10 days.
We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods.
Delivery Restrictions
As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
Unclaimed Packages
DHL and UPS will attempt to deliver your order two times. If it says that they had tried to deliver to you without success - please contact your local office to help them to set up the delivery. For non-received packets so we charge a fee of 40 Euro.
Misdirected goods
This should of course not happen - but if we were to send you wrong item - or that the package gets stuck somewhere along the way between us and you we will do our utmost to resolve the situation as quickly and smoothly as possible. However, we reserve the right that during weekends or holidays we cannot fix any errors that lies with one of our partners.
Reservation and force majeur
We reserve the right to typos on noirfonce.eu and we cannot guarantee that all pictures accurately reflect the true appearance. Due to that different computers have different color settings, monitors, etc. so it may look different in reality. Noirfonce.eu also reserves the right to cancel an order with products where the price has been set to low by typos in our data base.
We also make reservations to errors beyond our control, such as force majeure.
Mail Support
Please contact us at info@noirfonce.eu. You will receive a reply within 24 hours on weekdays.
General
We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
If either We or You do not at any time act on any rights, which we have under this Contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right, which we have, it will not affect any other rights, which either of us has.
This Contract is subject to Spanish law and both We and You agree that any dispute arising under or connected to it will be decided by the Spanish courts.
We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, which We have accepted, the Contract will remain subject to the version of the Terms, which were in place at the time at which You placed Your Order.
Nothing in these Terms seeks to exclude or limit any rights available under applicable law, which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
1 on the day on which it is left if You deliver the notice by hand; or
2 on the day on which it was posted if You post the notice as shown on proof of postage; or
3 on the day on which it is sent correctly if by fax or email
and in each case it should be sent to the address below
A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above.
We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact:
www.noirfonce.eu
SA2L Pharmacie, Calle Adelfa 3, 28970 Humanes Madrid, Spain
Email : info@noirfonce.eu
Phone : +34 910 223 190
Company details
Noirfonce.eu
SA2L Pharmacie SL
CIF: B87140703
VAT number : ESB87140703
Ph: +34 910 223 190
Mail: info@noirfonce.eu
Phone hours
You can reach us at +34 910 223 190
Monday - Friday : 11am - 4pm
